Senate Bill sb2342
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Florida Senate - 2005 SB 2342
By Senator Alexander
17-561-05
1 A bill to be entitled
2 An act relating to mobile home and recreational
3 vehicle safety and sales; transferring all
4 powers, duties, responsibilities, functions,
5 personnel, property, and appropriations of the
6 Bureau of Mobile Home and Recreational Vehicle
7 Construction in the Department of Highway
8 Safety and Motor Vehicles to the Department of
9 Community Affairs; authorizing the Department
10 of Community Affairs and the Department of
11 Highway Safety and Motor Vehicles to enter into
12 agreements to effectuate such transfers;
13 transferring the mobile home portion of the
14 Mobile Home and Recreational Vehicle Protection
15 Trust Fund administered by the Department of
16 Highway Safety and Motor Vehicles into the
17 Operating Trust Fund of the Department of
18 Community Affairs; providing definitions;
19 requiring dealers in secondhand mobile homes to
20 apply for a certificate of title with the
21 Department of Highway Safety and Motor
22 Vehicles; requiring nonresident mobile home
23 dealers to apply for a certificate of title,
24 register with the Department of Revenue, and
25 pay a license tax; specifying the license term;
26 providing for distributing the tax proceeds;
27 providing for service of process on nonresident
28 mobile home dealers; prohibiting engaging in
29 business as a mobile home dealer without a
30 license from the Department of Community
31 Affairs; providing definitions; providing for
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1 application and renewal of a mobile home dealer
2 license; authorizing the Department of
3 Community Affairs to prescribe an application
4 form; providing for processing of an
5 applicant's fingerprints by the Department of
6 Law Enforcement and payment of associated
7 costs; authorizing issuance of a revocable
8 mobile home dealer license; authorizing
9 investigation of an applicant; prohibiting
10 issuance of a mobile home dealer license under
11 certain conditions; establishing and providing
12 for payment and deposit of application and
13 renewal fees; providing for denial of a license
14 application, including notice and hearing
15 regarding a denial; providing terms of a mobile
16 home dealer license; providing for issuance of
17 a license certificate; requiring the licensee
18 to pay certain fees and costs; providing for
19 distributing fees and costs paid by applicants
20 and licensees; authorizing the Department of
21 Community Affairs to set training requirements
22 for mobile home dealers; requiring an applicant
23 to verify compliance with training
24 requirements; providing for issuance of a
25 supplemental license to a mobile home dealer
26 licensee; providing for supplemental mobile
27 home dealer licenses; requiring recordkeeping
28 by a licensee; requiring that a licensee retain
29 evidence of title of certain mobile homes;
30 authorizing rulemaking by the Department of
31 Community Affairs regarding licensing and
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1 mobile home installation; requiring that a
2 licensee comply with criteria for installing
3 mobile homes; requiring a mobile home dealer
4 licensee to place a deposit in escrow;
5 providing a criminal penalty; authorizing the
6 Department of Community Affairs to seek
7 judicial enjoinment of unauthorized action by a
8 mobile home dealer; authorizing suspension,
9 denial, or revocation of a mobile home dealer
10 license; authorizing administrative fines
11 against a licensee and providing for a hearing;
12 requiring that an applicant for a mobile home
13 dealer license provide a bond for the benefit
14 of certain retail customer claimants;
15 specifying the amount, terms, and conditions of
16 the bond; requiring notice to the surety
17 company of license denial, suspension, or
18 revocation; requiring a surety company to
19 notify the Department of Community Affairs of
20 payment of a claim against the bond or
21 cancellation of the bond; authorizing the
22 Department of Community Affairs to charge
23 certain fees for mobile home dealer or
24 manufacturer licensure; providing for use of
25 such fees and other mobile home fees collected
26 by the Department of Highway Safety and Motor
27 Vehicles to compensate certain claimants;
28 limiting use of such fees; providing for
29 application for such compensation; authorizing
30 the Department of Community Affairs to require
31 documentation of a claim; establishing
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1 procedures and terms for claim processing and
2 payment; authorizing the Department of
3 Community Affairs to seek recovery of claim
4 payments rendered and reimbursement of
5 attorney's fees to secure such recovery;
6 requiring maintenance of a log of qualified
7 claimants; specifying the order of payment of
8 claims; providing criminal penalties for false
9 or misleading statements; providing
10 definitions; prohibiting engaging in business
11 as a mobile home manufacturer without a license
12 from the Department of Community Affairs;
13 providing for license application and renewal;
14 authorizing the Department of Community Affairs
15 to prescribe application forms; establishing
16 and providing for payment and deposit of
17 license application and renewal fees; providing
18 for service of process to a nonresident
19 applicant; requiring a mobile home manufacturer
20 to provide a bond or other financial assurance
21 for the benefit of certain retail customers;
22 requiring rulemaking by the Department of
23 Community Affairs regarding assurance of
24 satisfaction of claims; requiring notice to the
25 surety company of license denial, suspension,
26 or revocation; requiring a surety company to
27 notify the Department of Community Affairs of
28 payment of a claim against, or cancellation of,
29 a licensee's bond; establishing the license
30 term; authorizing denial of an application for
31 a mobile home manufacturer's license;
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1 authorizing revocation, suspension, or
2 reinstatement of a mobile home manufacturer's
3 license; authorizing civil penalties; requiring
4 certain mobile homes to meet federal and state
5 construction and safety standards; authorizing
6 the Department of Community Affairs to adopt
7 certain mobile home construction and safety
8 standards; establishing criteria for the mobile
9 home repair and remodeling code; authorizing
10 administration, enforcement, and rulemaking by
11 the Department of Community Affairs;
12 authorizing entry into a mobile home
13 manufacturing establishment to ascertain
14 compliance with the act; prohibiting certain
15 alterations to mobile homes by a licensed
16 dealer; shifting warranty responsibility to a
17 mobile home dealer who performs prohibited
18 alternations; authorizing a manufacturer to
19 recover from the dealer when warranty
20 responsibility shifts; providing that a
21 warranty is void if a mobile home owner
22 undertakes certain alterations; requiring
23 notice that the warranty will be voided;
24 providing for designation or certification of a
25 person authorized to perform mobile home
26 alterations; authorizing rulemaking by the
27 Department of Community Affairs regarding
28 authorized and unauthorized alternation of
29 mobile homes, including certification fees;
30 requiring the Department of Community Affairs
31 to determine the adequacy of local standards
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1 authorizing a person to alter mobile homes;
2 providing criteria for the department's
3 determination; requiring a license from the
4 Department of Community Affairs to install a
5 mobile home; providing application and license
6 fees for mobile home installers; requiring
7 annual license renewal; authorizing the
8 Department of Community Affairs to adopt rules
9 establishing an application fee for mobile home
10 installers; establishing licensing criteria for
11 mobile home installers; requiring a performance
12 bond, insurance, training, and passage of an
13 exam approved by the Department of Community
14 Affairs; authorizing the department to charge
15 an examination fee to mobile home installers;
16 authorizing recourse by a licensed dealer or
17 manufacturer against a mobile home installer's
18 performance bond; authorizing actions by an
19 employee of a licensed mobile home installer;
20 establishing supervisory responsibility of a
21 licensed installer; prohibiting an unlicensed
22 person from claiming licensure as a mobile home
23 installer; providing a criminal penalty;
24 prohibiting certain activities by a licensee or
25 a license applicant; authorizing imposition of
26 penalties by the Department of Community
27 Affairs, including fines and license denial,
28 suspension, or revocation; providing for state
29 preemption of mobile home installer regulation;
30 authorizing a local occupational license fee;
31 providing for an installation decal; requiring
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1 a licensee to maintain a log; prohibiting
2 certain activities by installers; providing for
3 the use of fees received by the department;
4 prohibiting the manufacture of mobile home
5 installation items that are not certified by
6 the Department of Community Affairs; providing
7 for department certification of mobile home
8 installation items; providing for suspension or
9 revocation of certification; delaying
10 application of the certification requirement;
11 requiring new mobile home construction to be
12 inspected by the Department of Community
13 Affairs; requiring the department to develop
14 inspection procedures; authorizing rulemaking
15 by the department regarding mobile home
16 inspection; authorizing unannounced visits to
17 mobile home manufacturing plants; requiring
18 mobile home manufacturers and dealers to pay an
19 inspection fee; authorizing inspections;
20 requiring the department to determine
21 inspection and label fees; providing for use of
22 fees; prohibiting the sale of a new mobile home
23 by a dealer without a label from the Department
24 of Community Affairs and a certification of
25 code compliance by the manufacturer;
26 establishing a presumption that a mobile home
27 having a label complies with local construction
28 law; prohibiting the alteration of a mobile
29 home having a label; providing for issuance of
30 labels by the department; providing for
31 certification by a manufacturer; prohibiting
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1 the manufacture of a mobile home without a
2 label and certification; authorizing the
3 department to prescribe the manner of label
4 display; requiring counties and municipalities
5 to inspect the installation of mobile homes;
6 authorizing the Department of Community Affairs
7 to designate an installation inspector when a
8 county or municipality does not; requiring that
9 only competent inspectors be designated;
10 providing for issuance of a permit for the
11 installation of mobile homes by a county or
12 municipality; providing for issuance of a
13 certificate of occupancy for an inspected
14 mobile home; providing for inspection fees;
15 authorizing the department to issue a guideline
16 for the fee schedule; requiring enforcement by
17 the department; prescribing regulatory
18 authority of county and municipal governments
19 over mobile homes; providing a civil penalty
20 for a violation of the National Mobile Home
21 Construction and Safety Standards Act;
22 providing a criminal penalty for certain
23 violations of that federal act; providing a
24 criminal penalty for a manufacturer, dealer, or
25 inspector for certain violations; preserving
26 the validity of ch. 527, F.S., relating to
27 liquefied petroleum gas; authorizing the
28 Department of Community Affairs to establish
29 uniform standards by rule for mobile home
30 installation and for the manufacture of items
31 used in the installation of mobile homes;
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1 providing requirements for installation;
2 prohibiting alteration of the uniform standards
3 set by the department by other entities;
4 requiring a mobile home owner to comply with
5 the installation rules; limiting the mobile
6 homes for which a licensed insurer may issue
7 windstorm damage insurance; prohibiting denial
8 of insurance coverage in certain circumstances
9 involving damage to an improperly installed
10 mobile home; authorizing a civil action by an
11 aggrieved person against a person that fails to
12 meet the uniform standards; providing for
13 costs, damages, and injunctive relief;
14 authorizing the department or the state
15 attorneys to pursue injunctive relief, without
16 a bond and regardless of the adequacy of other
17 remedies, against a person that fails to meet
18 uniform standards; limiting application to
19 certain mobile home installations; providing
20 definitions; providing for retention, disposal,
21 and reproduction of records by the Department
22 of Community Affairs; providing for treatment
23 of reproductions as originals in determining
24 admissibility of evidence; requiring a person
25 who engages in the trade of selling mobile
26 homes to make disclosures to a buyer or in an
27 advertisement regarding the manner used to
28 determine the length of a mobile home;
29 providing legislative intent relating to mobile
30 homes; providing for warranties required of a
31 new mobile home dealer, installer, or component
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1 supplier; authorizing the Department of
2 Community Affairs to establish rules regarding
3 resolution of disputes among the mobile home
4 manufacturer, dealer, installer, or component
5 supplier; providing for presentation of and
6 response to a warranty claim; authorizing the
7 transfer of responsibility to remedy a mobile
8 home defect covered by warranty among mobile
9 home manufacturers, dealers, or suppliers;
10 requiring the warrantor to compensate certain
11 persons who remedy a defect covered by a
12 warranty; prohibiting coercion to secure
13 performance of warranty service; authorizing a
14 civil action to enforce a warranty claim;
15 authorizing award of damages, including
16 punitive damages, and costs, including
17 attorney's fees; prohibiting the waiver of
18 rights conferred by a warranty; providing that
19 the warranty is in addition to and not in
20 derogation of other applicable rights;
21 providing for liquidated damages due to the
22 retail seller of a mobile home when the buyer
23 fails to accept delivery; providing for
24 inspection of records of a licensed mobile home
25 manufacturer or dealer by the Department of
26 Community Affairs relating to a written
27 complaint against the licensee; authorizing the
28 department to compel production of documents
29 and, through subpoena, attendance of witnesses
30 relating to the disposition of a written
31 complaint against a licensed manufacturer or
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1 dealer; providing for denial, suspension, or
2 revocation of a license or an application for a
3 license; providing for a licensee's
4 responsibility for actions of its employees;
5 providing requirements regarding maintenance of
6 electronic records regarding licensees by the
7 Department of Community Affairs; authorizing
8 the Department of Community Affairs to accept
9 an application by electronic or telephonic
10 means; amending s. 20.18, F.S.; providing a
11 mission statement for the Department of
12 Community Affairs with respect to the
13 regulation of mobile homes; amending ss.
14 205.193, 319.001, 320.131, 320.27, 320.28, and
15 320.71, F.S.; conforming provisions to changes
16 made by the act; repealing s. 320.77, F.S.,
17 relating to mobile home dealer licenses;
18 amending ss. 320.771, 320.781, 320.822, and
19 320.8225, F.S., conforming provisions to
20 changes made by the act; repealing s. 320.823,
21 F.S., relating to mobile home construction and
22 safety standards; amending ss. 320.8232,
23 320.824, and 320.8245, F.S; conforming
24 provisions to changes made by the act;
25 repealing s. 320.8249, F.S., relating to mobile
26 home installation licensure; repealing s.
27 320.8251, F.S., relating to mobile home
28 installation products; repealing s. 320.8255,
29 F.S., relating to mobile home inspection;
30 repealing s. 320.827, relating to mobile home
31 labeling and certification; amending s.
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1 320.8285, F.S.; conforming provisions to
2 changes made by the act; repealing s. 320.830,
3 relating to reciprocity with other states that
4 have mobile home laws; amending ss. 320.831 and
5 320.8325, F.S.; conforming provisions to
6 changes made by the act; repealing s. 320.8335,
7 F.S., relating to disclosure of the manner used
8 in determining the length of mobile homes;
9 repealing s. 320.834, F.S.; relating to
10 legislative intent; amending s. 320.835, F.S.;
11 conforming provisions to changes made by the
12 act; repealing s. 320.840, F.S., relating to
13 liquidated damages when a mobile home buyer
14 refuses to accept delivery of a mobile home;
15 amending ss. 320.865, 553.415, 627.351, and
16 1013.37, F.S.; conforming provisions to changes
17 made by the act; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. (1) All statutory powers, duties,
22 responsibilities, functions, records, personnel, property, and
23 unexpended balances of appropriations, allocations, or other
24 funds of the Bureau of Mobile Home and Recreational Vehicle
25 Construction in the Department of Highway Safety and Motor
26 Vehicles relating to regulation and administration of mobile
27 homes, and all existing authority and actions of the bureau,
28 including, but not limited to, all pending and completed
29 actions on orders and rules, all enforcement matters and
30 delegations, interagency agreements, and contracts with
31 federal, state, regional, and local governments and private
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1 entities relating to regulation and administration of mobile
2 homes, are transferred to the Department of Community Affairs.
3 (2) The Department of Community Affairs and the
4 Department of Highway Safety and Motor Vehicles may enter into
5 interagency agreements with each other concerning any matter
6 affected by the transfer of the Bureau of Mobile Home and
7 Recreational Vehicle Construction to the Department of
8 Community Affairs to promote the efficient and effective
9 operation of both departments.
10 Section 2. The portion of the Mobile Home and
11 Recreational Vehicle Protection Trust Fund created under
12 section 320.781, Florida Statutes, relating to mobile homes is
13 transferred to the Operating Trust Fund of the Department of
14 Community Affairs to be administered and managed by the
15 Department of Community Affairs pursuant to section 7 of this
16 act.
17 Section 3. Definitions.--As used in sections 1 through
18 35 of this act, the term:
19 (1) "Department" means the Department of Community
20 Affairs.
21 (2) "Mobile home" means a structure, transportable in
22 one or more sections, which is 8 body feet or more in width
23 and which is built on an integral chassis and designed to be
24 used as a dwelling when connected to the required utilities
25 and includes the plumbing, heating, air-conditioning, and
26 electrical systems contained therein.
27 (3) "Manufactured home" means a mobile home fabricated
28 on or after June 15, 1976, in an offsite manufacturing
29 facility for installation or assembly at the building site,
30 with each section bearing a seal certifying that it is built
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1 in compliance with the federal Manufactured Home Construction
2 and Safety Standard Act.
3 (4) "Nonresident" means a person who is not a
4 resident.
5 (5) "Owner" means any person, firm, corporation, or
6 association controlling any mobile home or manufactured home
7 by right of purchase, gift, lease, or otherwise.
8 (6) "Person" means and includes natural persons,
9 corporations, copartnerships, firms, companies, agencies, or
10 associations, singular or plural.
11 (7) "Resident" means a person who has his or her
12 principal place of domicile in this state for a period of more
13 than 6 consecutive months, who has registered to vote in this
14 state, who has made a statement of domicile pursuant to
15 section 222.17, Florida Statutes, or who has filed for
16 homestead tax exemption on property in this state.
17 Section 4. Nonresident dealers in secondhand mobile
18 homes.--Each dealer in used or secondhand mobile homes who is
19 a nonresident, does not have a permanent place of business in
20 this state, and has not qualified as a dealer under section 6
21 of this act and any person other than a dealer qualified under
22 section 6 of this act, who brings any used or secondhand
23 mobile home into the state for the purpose of sale, except to
24 a dealer licensed under section 6 of this act, shall, at least
25 10 days before the sale of such mobile home, the offering of
26 such mobile home for sale, or the advertising of such mobile
27 home for sale, make and file with the Department of Highway
28 Safety and Motor Vehicles the official application for a
29 certificate of title for such mobile home as provided by law.
30 Any person who has had one or more transactions involving the
31 sale of three or more used or secondhand mobile homes in this
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1 state during any 12-month period shall be deemed to be a
2 secondhand dealer in mobile homes.
3 Section 5. Nonresident mobile home dealer's license.--
4 (1) A nonresident who does not have a dealer's
5 contract with a manufacturer of mobile homes or with the
6 distributor of a manufacturer of mobile homes which authorizes
7 the sale of mobile homes in a definite Florida territory, and
8 who sells or engages in the business of selling mobile homes
9 at retail within the state, shall register with the Department
10 of Revenue for a sales tax dealer registration number, comply
11 with chapter 212, Florida Statutes, and pay a license tax of
12 $2,000 per annum in each county where such sales are made;
13 $1,250 of said tax shall be transmitted to the Department of
14 Banking and Finance to be deposited in the department's
15 Operating Trust Fund of the state, and $750 thereof shall be
16 returned to the county. The license tax shall cover the
17 period from January 1 to the following December 31, and no
18 such license shall be issued for any fractional part of a
19 year.
20 (2) The acceptance by a person of a license under this
21 section is equivalent to an appointment by such person of the
22 Secretary of State as the agent of such person upon whom may
23 be served all lawful process in any action, suit, or
24 proceeding against such person arising out of any transaction
25 or operation connected with or incidental to any activities of
26 such person carried on under such license and the acceptance
27 of such license shall be signification of the agreement by
28 such person that any process against the person which is so
29 served shall be of the same legal force and validity as if
30 served personally on him or her. Service of such process
31 shall be in accordance with and in the same manner as now
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1 provided for service of process upon nonresidents under
2 chapter 48, Florida Statutes.
3 Section 6. License required of mobile home
4 dealers.--
5 (1) DEFINITIONS.--As used in this section, the term:
6 (a) "Dealer" means any person engaged in the business
7 of buying, selling, or dealing in mobile homes or offering or
8 displaying mobile homes for sale. The term "dealer" includes a
9 mobile home broker. Any person who buys, sells, deals in, or
10 offers or displays for sale, or who acts as the agent for the
11 sale of, one or more mobile homes in any 12-month period shall
12 be prima facie presumed to be a dealer. The terms "selling"
13 and "sale" include lease-purchase transactions. The term
14 "dealer" does not include banks, credit unions, and finance
15 companies that acquire mobile homes as an incident to their
16 regular business and does not include mobile home rental and
17 leasing companies that sell mobile homes to dealers licensed
18 under this section. A licensed dealer may transact business in
19 recreational vehicles, as those units are defined in section
20 320.01(1)(b), Florida Statutes, with a motor vehicle auction
21 as defined in section 320.27(1)(c)4., Florida Statutes. Any
22 licensed dealer dealing exclusively in mobile homes shall not
23 have benefit of the privilege of using dealer license plates.
24 (b) "Mobile home broker" means any person who is
25 engaged in the business of offering to procure or procuring
26 used mobile homes for the general public; who holds himself or
27 herself out through solicitation, advertisement, or otherwise
28 as one who offers to procure or procures used mobile homes for
29 the general public; or who acts as the agent or intermediary
30 on behalf of the owner or seller of a used mobile home that is
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1 for sale or who assists or represents the seller in finding a
2 buyer for the mobile home.
3 (2) LICENSE REQUIRED.--No person shall engage in
4 business as, or serve in the capacity of, a dealer in this
5 state unless such person possesses a valid, current license as
6 provided in this section.
7 (3) APPLICATION.--The application for such license
8 shall be in the form prescribed by the department and subject
9 to rules adopted by the department. The application shall be
10 verified by oath or affirmation and shall contain:
11 (a) A full statement of the name and the date of birth
12 of the person or persons applying therefor.
13 (b) The name of the firm or copartnership with the
14 names and places of residence of all its members, if the
15 applicant is a firm or copartnership.
16 (c) The names and places of residence of the principal
17 officers, if the applicant is a body corporate or other
18 artificial body.
19 (d) The name of the state under whose laws the
20 corporation is organized.
21 (e) The former place or places of residence of the
22 applicant.
23 (f) The prior businesses in which the applicant has
24 been engaged, the dates during which the applicant was engaged
25 in such businesses, and the locations thereof.
26 (g) A description of the exact location of the place
27 of business, when it was acquired, and whether it is owned in
28 fee simple by the applicant. If leased, a true copy of the
29 lease shall be attached to the application.
30 (h) Certification by the applicant that the location
31 is a permanent one, not a tent or a temporary stand or other
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1 temporary quarters; and, except in the case of a mobile home
2 broker, that the location affords sufficient unoccupied space
3 to store all mobile homes offered and displayed for sale; and
4 that the location is a suitable place in which the applicant
5 can in good faith carry on business and keep and maintain
6 books, records, and files necessary to conduct such business,
7 which will be available at all reasonable hours to inspection
8 by the department or any of its inspectors or other employees.
9 This paragraph does not preclude a licensed mobile home dealer
10 from displaying and offering for sale mobile homes in a mobile
11 home park.
12 (i) Certification by the applicant that the business
13 of a mobile home dealer is the principal business that shall
14 be conducted at that location; however, this paragraph does
15 not apply to mobile home park operators licensed as mobile
16 home dealers.
17 (j) Such other relevant information as may be required
18 by the department. Each applicant, general partner in the case
19 of a partnership, or corporate officer and director in the
20 case of a corporate applicant, must file a set of fingerprints
21 with the department for the purpose of determining any prior
22 criminal record or any outstanding warrants. The department
23 shall submit the fingerprinting to the Department of Law
24 Enforcement for state processing and forwarding to the Federal
25 Bureau of Investigation for federal processing. The actual
26 cost of such state and federal processing shall be borne by
27 the applicant and is in addition to the fee for licensure. The
28 department may issue a license to an applicant pending the
29 results of the fingerprint investigation, which license is
30 fully revocable if the department determines that a statement
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1 set forth in the application is not true or correctly
2 represented.
3
4 The department shall, if it deems necessary, cause an
5 investigation to be made to ascertain if the statements set
6 forth in the application are true and may not issue a license
7 to the applicant until it is satisfied that such statements
8 are true.
9 (4) FEES.--Upon making initial application, the
10 applicant shall pay the department a fee of $300 in addition
11 to any other fees required by law. The fee for renewal
12 application shall be $100. The fee for application for change
13 of location shall be $25. Any applicant for renewal who has
14 failed to submit his or her renewal application by October 1
15 shall pay a renewal application fee equal to the original
16 application fee. No fee is refundable. All fees shall be
17 deposited into the General Revenue Fund.
18 (5) DENIAL OF LICENSE.--The department may deny any
19 applicant a license on the ground that:
20 (a) The applicant made a material misstatement in his
21 or her application for a license.
22 (b) The applicant failed to comply with any applicable
23 provision of sections 3 through 33 of this act or chapter 320,
24 Florida Statutes.
25 (c) The applicant failed to provide warranty service.
26 (d) The applicant or one or more of his or her
27 principals or agents violated any law, rule, or regulation
28 relating to the sale of mobile homes.
29 (e) The department has proof of unfitness of the
30 applicant.
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1 (f) The applicant or licensee engaged in conduct in
2 any state which would have been a ground for revocation or
3 suspension of a license in this state.
4 (g) The applicant or licensee violated the National
5 Mobile Home Construction and Safety Standards Act of 1974 or
6 any rule or regulation of the Department of Housing and Urban
7 Development promulgated thereunder.
8
9 Upon denial of a license, the department shall notify the
10 applicant within 10 days, stating in writing its grounds for
11 denial. The applicant is entitled to a public hearing and may
12 request that such hearing be held within 45 days after denial
13 of the license. All proceedings shall be pursuant to chapter
14 120, Florida Statutes.
15 (6) LICENSE CERTIFICATE.--A license certificate shall
16 be issued by the department in accordance with the application
17 when the same is regular in form and in compliance with this
18 section. The license certificate may be in the form of a
19 document or a computerized card as determined by the
20 department. The cost of each original, additional, or
21 replacement computerized card shall be borne by the licensee
22 and is in addition to the fee for licensure. The fees charged
23 applicants for both the required background investigation and
24 the computerized card as provided in this section shall be
25 deposited into the Department of Community Affairs Operating
26 Trust Fund. The license, when so issued, entitles the licensee
27 to carry on and conduct the business of a mobile home dealer
28 at the location set forth in the license for a period of 1
29 year from October 1 preceding the date of issuance. Each
30 initial application received by the department shall be
31 accompanied by verification that, within the preceding 6
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1 months, the applicant or one or more of his or her designated
2 employees has attended a training and information seminar
3 conducted by the department or by a public or private provider
4 approved by the department. Such seminar shall include, but
5 not be limited to, statutory dealer requirements that include
6 required bookkeeping and recording procedures, requirements
7 for the collection of sales and use taxes, and such other
8 information that in the opinion of the department will promote
9 good business practices.
10 (7) SUPPLEMENTAL LICENSE.--Any person licensed
11 pursuant to this section may operate one or more additional
12 places of business under a supplemental license for each such
13 business if the ownership of each business is identical to
14 that of the principal business for which the original license
15 is issued. Each supplemental license shall run concurrently
16 with the original license and shall be issued upon application
17 by the licensee on a form to be furnished by the department
18 and payment of a fee of $50 for each such license. Only one
19 licensed dealer shall operate at the same place of business. A
20 supplemental license authorizing off-premises sales shall be
21 issued, at no charge to the dealer, for a period not to exceed
22 10 consecutive calendar days.
23 (8) RECORDS TO BE KEPT BY LICENSEE.--Each licensee
24 shall keep records in such form as shall be prescribed by the
25 department. Such records shall include:
26 (a) A record of the purchase, sale, or exchange, or a
27 receipt for the purpose of sale, of any mobile home;
28 (b) The description of each such mobile home,
29 including the identification or serial number and such other
30 numbers or identification marks as may be thereon, and a
31
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1 statement that a number has been obliterated, defaced, or
2 changed, if such fact is apparent; and
3 (c) The name and address of the seller, the purchaser,
4 and the alleged owner or other person from whom the mobile
5 home was purchased or received and the person to whom it was
6 sold or delivered, as the case may be.
7 (9) EVIDENCE OF TITLE REQUIRED.--The licensee shall
8 also have in his or her possession for each new mobile home a
9 manufacturer's invoice or statement of origin, and for each
10 used mobile home a properly assigned certificate of title or
11 registration certificate if the used mobile home was
12 previously registered in a nontitle state, from the time the
13 mobile home is delivered to the licensee until it has been
14 disposed of by him or her.
15 (10) SETUP OPERATIONS.--Each licensee may perform
16 setup operations only as defined in section 8 of this act, and
17 the department shall provide by rule for the uniform
18 application of all existing statutory provisions relating to
19 licensing and setup operations.
20 (11) ESCROW.--When a licensed mobile home dealer sells
21 a mobile home to a purchaser under a contract that requires
22 the purchaser to deliver deposit money to the licensee which
23 is to be applied to the purchase price upon delivery of the
24 mobile home to the purchaser, the licensee shall ensure,
25 immediately upon receipt of such deposit, that such deposit is
26 placed in escrow with a title company, banking institution,
27 credit union, or savings and loan association located and
28 doing business in this state.
29 (12) PENALTY.--A violation of this section is a
30 misdemeanor of the second degree, punishable as provided in
31 section 775.082 or section 775.083, Florida Statutes.
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1 (13) INJUNCTION.--In addition to the other remedies
2 that may be available, and notwithstanding the existence of
3 any adequate remedy at law, the department may apply to any
4 circuit court of the state, and the circuit court shall have
5 jurisdiction, upon a hearing and for cause shown, to grant a
6 temporary or permanent injunction restraining any person from
7 acting as a mobile home dealer under the terms of this section
8 who is not properly licensed or who violates chapter 319 or
9 chapter 320, Florida Statutes, sections 3 through 35 of this
10 act, or a rule adopted thereunder. Such injunction shall be
11 issued without bond. A single act in violation of chapter 319
12 or chapter 320, Florida Statutes, or sections 3 through 35 of
13 this act, is sufficient to authorize the issuance of an
14 injunction.
15 (14) DENIAL, SUSPENSION, OR REVOCATION.--
16 (a) The department shall, as it deems necessary,
17 suspend or revoke any license issued under this section upon a
18 finding that the licensee violated this section or any other
19 law of this state having to do with dealing in mobile homes or
20 perpetrated a fraud upon any person as a result of such
21 dealing in mobile homes.
22 (b) The department may deny, suspend, or revoke a
23 mobile home dealer license if the applicant or licensee has
24 been convicted of a felony, committed a fraud or willful
25 misrepresentation in application for or in obtaining a
26 license, or committed, with sufficient frequency so as to
27 establish a pattern of wrongdoing on the part of a licensee,
28 one or more of the following activities:
29 1. Failure to apply for transfer of a title as
30 prescribed in section 319.23(6), Florida Statutes.
31
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1 2. Use of the dealer license identification number by
2 any person other than the licensed dealer or his or her
3 designee.
4 3. Failure to continually meet the requirements of the
5 licensure law.
6 4. Willful failure to comply with a rule of the
7 Department of Highway Safety and Motor Vehicles or a rule
8 adopted by the department pursuant to this act.
9 5. Violation of chapter 319, chapter 320, sections
10 559.901-559.9221, Florida Statutes, or sections 3-35 of this
11 act.
12 (15) ADMINISTRATIVE FINES.--The department may assess,
13 impose, levy, and collect by legal process fines, in an amount
14 not to exceed $1,000 for each violation, against any licensee
15 if it finds that a licensee has violated this section or any
16 other law of this state having to do with dealing in motor
17 vehicles. A licensee is entitled to a hearing pursuant to
18 chapter 120, Florida Statutes, if the licensee wishes to
19 contest the fine levied, or about to be levied, upon him or
20 her.
21 (16) BOND.--
22 (a) Before any license shall be issued or renewed, the
23 applicant shall deliver to the department a good and
24 sufficient surety bond, executed by the applicant as principal
25 and by a surety company qualified to do business in the state
26 as surety. The bond shall be in a form to be approved by the
27 department and shall be conditioned upon the dealer's
28 complying with any written contract made by the dealer in
29 connection with the sale, exchange, or improvement of a mobile
30 home and with chapter 319 or chapter 320, Florida Statutes,
31 and sections 3 through 35 of this act in the conduct of the
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1 business for which the dealer is licensed. The bond shall be
2 to the department and in favor of any retail customer who
3 shall suffer any loss as a result of any violation of the
4 conditions of this section. The bond shall be for the license
5 period, and a new bond or a proper continuation certificate
6 shall be delivered to the department at the beginning of each
7 license period. However, the aggregate liability of the surety
8 in any one license year shall in no event exceed the sum of
9 such bond. The amount of the bond required shall be as
10 follows:
11 1. A single dealer who buys, sells, or deals in mobile
12 homes and who has four or fewer supplemental licenses shall
13 provide a surety bond in the amount of $100,000.
14 2. A single dealer who buys, sells, or deals in mobile
15 homes and who has more than four supplemental licenses shall
16 provide a surety bond in the amount of $200,000.
17 (b) The department shall, upon denial, suspension, or
18 revocation of any license, notify the surety company of the
19 licensee, in writing, that the license has been denied,
20 suspended, or revoked and shall state the reason for such
21 denial, suspension, or revocation.
22 (c) Any surety company that pays any claim against the
23 bond of any licensee shall notify the department, in writing,
24 that it has paid such a claim and shall state the amount of
25 the claim.
26 (d) Any surety company that cancels the bond of any
27 licensee shall notify the department, in writing, of such
28 cancellation, giving reason for the cancellation.
29 Section 7. Claims against mobile home dealers.--
30 (1) The expenses incurred by the department to
31 administer this section shall be paid only from appropriations
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1 made from the department's operating trust fund from moneys
2 deposited into such fund pursuant to section 320.781, Florida
3 Statutes, or this section.
4 (2) The department shall charge a fee of $40 per
5 annual dealer and manufacturer license and license renewal,
6 which shall be deposited into the department's operating trust
7 fund. The sums deposited into such fund pursuant to section
8 320.781, Florida Statutes, or this section shall be used
9 exclusively for carrying out the purposes of this section.
10 These sums may be invested and reinvested by the Chief
11 Financial Officer under the same limitations as apply to
12 investment of other state moneys, with all interest from these
13 investments deposited to the credit of such fund.
14 (3) Moneys deposited into the department's operating
15 trust fund under section 320.781, Florida Statutes, or this
16 section shall be used to satisfy any judgment secured by any
17 person, as provided by this section, against a mobile home
18 dealer for damages, restitution, or expenses, including
19 reasonable attorney's fees, resulting from a cause of action
20 directly related to the conditions of any written contract
21 made by him or her in connection with the sale, exchange, or
22 improvement of any mobile home, or for any violation of
23 chapter 319 or chapter 320, Florida Statutes, or sections 3
24 through 35 of this act.
25 (4) The department's operating trust fund is not
26 liable for any judgment, or part thereof, resulting from any
27 tort claim, except as expressly provided in subsection (3),
28 and is not liable for any punitive, exemplary, double, or
29 treble damages. A person, the state, or any political
30 subdivision thereof may recover against the mobile home dealer
31 or surety, jointly and severally, for such damages,
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1 restitution, or expenses; however, such fund or the surety is
2 not liable for an amount in excess of actual damages,
3 restitution, or expenses.
4 (5) Subject to the limitations and requirements of
5 this section, moneys deposited into the department's operating
6 trust fund under section 320.781, Florida Statutes, or this
7 section shall be used by the department to compensate persons
8 who have unsatisfied judgments, or in certain limited
9 circumstances unsatisfied claims, against a mobile home dealer
10 in one of the following situations:
11 (a) The claimant has obtained a final judgment that is
12 unsatisfied against the mobile home dealer or its surety
13 jointly and severally, or against the mobile home dealer only,
14 if the court found that the surety was not liable due to prior
15 payment of valid claims against the bond in an amount equal
16 to, or greater than, the face amount of the applicable bond.
17 (b) The claimant has obtained a judgment against the
18 surety of the mobile home dealer which is unsatisfied.
19 (c) The claimant has alleged a claim against the
20 mobile home dealer in a lawsuit which has been stayed or
21 discharged as a result of the filing for reorganization or
22 discharge in bankruptcy by the dealer or broker, and judgment
23 against the surety is not possible because of the bankruptcy
24 or liquidation of the surety, or because a court of competent
25 jurisdiction found that the surety is not liable due to prior
26 payment of valid claims against the bond in an amount equal
27 to, or greater than, the face amount of the applicable bond.
28 (6) In order to recover from the department's
29 operating trust fund, the person must file an application and
30 verified claim with the department.
31
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1 (a) If the claimant has obtained a judgment that is
2 unsatisfied against the mobile home dealer or its surety as
3 set forth in this section, the verified claim must specify the
4 following:
5 1.a. That the judgment against the mobile home dealer
6 and its surety has been entered; or
7 b. That the judgment against the mobile home dealer
8 contains a specific finding that the surety has no liability,
9 that execution has been returned unsatisfied, and that a
10 judgment lien has been perfected;
11 2. The amount of actual damages broken down by
12 category as awarded by the court or jury in the cause that
13 resulted in the unsatisfied judgment, and the amount of
14 attorney's fees set forth in the unsatisfied judgment;
15 3. The amount of payment or other consideration
16 received, if any, from the mobile home dealer or its surety;
17 4. The amount that may be realized, if any, from the
18 sale of real or personal property or other assets of the
19 judgment debtor liable to be sold or applied in satisfaction
20 of the judgment and the balance remaining due on the judgment
21 after application of the amount that has been realized and a
22 certification that the claimant has made a good faith effort
23 to collect the judgment; and
24 5. Such other information as the department requires.
25 (b) If the claimant has alleged a claim as set forth
26 in paragraph (5)(c) and for the reasons set forth therein has
27 not been able to secure a judgment, the verified claim must
28 contain the following:
29 1. A true copy of the pleadings in the lawsuit that
30 was stayed or discharged by the bankruptcy court and the order
31 of the bankruptcy court staying those proceedings;
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1 2. Allegations of the acts or omissions by the mobile
2 home dealer setting forth the specific acts or omissions
3 complained of which resulted in actual damage to the person,
4 along with the actual dollar amount necessary to reimburse or
5 compensate the person for costs or expenses resulting from the
6 acts or omissions of which the person complained;
7 3. True copies of all purchase agreements, notices,
8 service or repair orders, or papers or documents of any kind
9 which the person received in connection with the purchase,
10 exchange, or lease-purchase of the mobile home from which the
11 person's cause of action arises; and
12 4. Such other information as the department requires.
13 (c) The department may require such proof as it deems
14 necessary to document the matters set forth in the claim.
15 (7) Within 90 days after receipt of the application
16 and verified claim, the department shall issue its
17 determination on the claim. Such determination shall not be
18 subject to chapter 120, Florida Statutes, but shall be
19 reviewable only by writ of certiorari in the circuit court in
20 the county in which the claimant resides in the manner and
21 within the time provided by the Florida Rules of Appellate
22 Procedure. The claim must be paid within 45 days after the
23 determination, or, if judicial review is sought, within 45
24 days after the review becomes final. A person may not be paid
25 an amount from the department's operating trust fund in excess
26 of $25,000 per mobile home. Prior to payment, the person must
27 execute an assignment to the department of all the person's
28 rights and title to, and interest in, the unsatisfied judgment
29 and judgment lien or the claim against the dealer and its
30 surety.
31
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1 (8) The department, in its discretion and where
2 feasible, may recover from the mobile home dealer, or the
3 judgment debtor or its surety, all sums paid to persons from
4 the department's operating trust fund under section 320.781,
5 Florida Statutes, or this section. Any sums recovered shall
6 be deposited to the credit of such fund. The department shall
7 be awarded a reasonable attorney's fee for all actions taken
8 to recover any sums paid to persons from such fund pursuant to
9 this section.
10 (9) This section does not apply to any claim, and a
11 person may not recover against the department's operating
12 trust fund as the result of any claim, against a mobile home
13 dealer resulting from a cause of action directly related to
14 the sale, lease-purchase, exchange, brokerage, or installation
15 of a mobile home prior to October 1, 1990.
16 (10) Neither the department, nor the department's
17 operating trust fund, shall be liable to any person for
18 recovery if such fund, from moneys deposited into the fund
19 under section 320.781, Florida Statutes, or this section, does
20 not have the moneys necessary to pay amounts claimed. If the
21 fund does not have sufficient assets to pay the claimant, it
22 shall log the time and date of its determination for payment
23 to a claimant. If moneys become available pursuant this
24 section, the department shall pay the claimant whose unpaid
25 claim is the earliest by time and date of determination.
26 (11) A person or his or her agent may not file any
27 notice, statement, or other document required under this
28 section which is false or contains a material misstatement of
29 fact. Any person who violates this subsection commits a
30 misdemeanor of the second degree, punishable as provided in s.
31 775.082 or s. 775.083, Florida Statutes.
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1 Section 8. Definitions.--As used in sections 8 through
2 35 of this act, the term:
3 (1) "Buyer" means a person who purchases at retail
4 from a dealer or manufacturer a mobile home for his or her own
5 use as a residence, or other related use.
6 (2) "Code" means the appropriate standards found in:
7 (a) The Federal Manufactured Housing Construction and
8 Safety Standards for single-family mobile homes, adopted by
9 the Department of Housing and Urban Development; or
10 (b) The Mobile Home Repair and Remodeling Code.
11 (3) "Construction" means the minimum requirements for
12 materials, products, equipment, and workmanship needed to
13 ensure that the mobile home will provide structural strength
14 and rigidity; protection against corrosion, decay, and other
15 similar destructive forces; resistance to the elements; and
16 durability and economy of maintenance.
17 (4) "Institute" means the American National Standards
18 Institute.
19 (5) "Length," for purposes of transportation only,
20 means the distance from the extreme front of the mobile home
21 to the extreme rear, including the drawbar and coupling
22 mechanism, but not including expandable features that do not
23 project from the body during transportation.
24 (6) "Length of a mobile home" means the distance from
25 the exterior of the front wall, nearest to the drawbar and
26 coupling mechanism, to the exterior of the rear wall, at the
27 opposite end of the home, where such walls enclose living or
28 other interior space. Such distance includes expandable rooms
29 but not bay windows, porches, drawbars, couplings, hitches,
30 wall and roof extensions, or other attachments.
31
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1 (7) "Licensee" means any person licensed or required
2 to be licensed under section 9 of this act.
3 (8) "Mobile home dealer" means any person engaged in
4 the business of buying, selling, or dealing in mobile homes or
5 offering or displaying mobile homes for sale. Any person who
6 buys, sells, or deals in one or more mobile homes in any
7 12-month period or who offers or displays for sale one or more
8 mobile homes in any 12-month period shall be prima facie
9 presumed to be engaged in the business of a mobile home
10 dealer. The terms "selling" and "sale" include lease-purchase
11 transactions. The term "mobile home dealer" excludes a bank,
12 credit union, or finance company that acquires mobile homes as
13 an incident to its regular business, a mobile home rental or
14 leasing company that sells mobile homes to mobile home dealers
15 licensed under section 6 of this act, and persons who are
16 selling their own mobile homes.
17 (9) "Mobile home manufacturer" means any person,
18 resident or nonresident, who, as a trade or commerce,
19 manufactures or assembles mobile homes.
20 (10) "Responsible party" means a manufacturer, dealer,
21 or supplier.
22 (11) "Seal" or "label" means a device issued by the
23 department certifying that a mobile home meets the appropriate
24 code, which device is to be displayed on the exterior of the
25 mobile home.
26 (12) "Setup" or "installation" means the operations
27 performed at the occupancy site which render a mobile home fit
28 for habitation. Such operations include, but are not limited
29 to, transporting, positioning, blocking, leveling, supporting,
30 tying down, connecting utility systems, making minor
31 adjustments, or assembling multiple or expandable units.
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1 (13) "Substantial defect" means:
2 (a) Any substantial deficiency or defect in materials
3 or workmanship occurring to a mobile home that has been
4 reasonably maintained and cared for in normal use.
5 (b) Any structural element, utility system, or
6 component of the mobile home, which fails to comply with the
7 code.
8 (14) "Supplier" means the original producer of
9 completed components, including refrigerators, stoves, hot
10 water heaters, dishwashers, cabinets, air conditioners,
11 heating units, and similar components, which are furnished to
12 a manufacturer or dealer for installation in the mobile home
13 prior to sale to a buyer.
14 (15) "Width of a mobile home" means the distance from
15 the exterior of one side wall to the exterior of the opposite
16 side wall where such walls enclose living or other interior
17 space. Such distance includes expandable rooms but not bay
18 windows, porches, wall and roof extensions, or other
19 attachments.
20 Section 9. Mobile home manufacturer's license.--
21 (1) LICENSE REQUIRED.--Any person who engages in the
22 business of a mobile home manufacturer in this state, or who
23 manufactures mobile homes out of state which are ultimately
24 offered for sale in this state, must obtain annually a license
25 for each factory location in this state and for each factory
26 location out of state which manufactures mobile homes for sale
27 in this state, prior to distributing mobile homes for sale in
28 this state.
29 (2) APPLICATION.--The application for a license must
30 be in the form prescribed by the department and contain
31 sufficient information to disclose the identity, location, and
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1 responsibility of the applicant. The application must also
2 include a copy of the warranty and a complete statement of any
3 service agreement or policy to be used by the applicant, any
4 information relating to the applicant's solvency and financial
5 standing, and any other pertinent matter commensurate with
6 safeguarding the public. The department may prescribe an
7 abbreviated application for renewal of a license if the
8 licensee had previously filed an initial application pursuant
9 to this section. The application for renewal must include any
10 information necessary to bring current the information
11 required in the initial application.
12 (3) FEES.--Upon making initial application, the
13 applicant shall pay the department a fee of $300. Upon making
14 renewal application, the applicant shall pay the department a
15 fee of $100. Any applicant for renewal who has failed to
16 submit his or her renewal application by October 1 shall pay a
17 renewal application fee equal to the original application fee.
18 No fee is refundable. The fees shall be deposited into the
19 General Revenue Fund.
20 (4) NONRESIDENT.--Any person applying for a license
21 who is not a resident of this state must designate an agent
22 for service of process pursuant to section 48.181, Florida
23 Statutes.
24 (5) REQUIREMENT OF ASSURANCE.--
25 (a) Annually, prior to the receipt of a license to
26 manufacture mobile homes, the applicant or licensee shall
27 submit a surety bond, cash bond, or letter of credit from a
28 financial institution, or a proper continuation certificate,
29 sufficient to assure satisfaction of claims against the
30 licensee for failure to comply with appropriate code
31 standards, failure to provide warranty service, or violation
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1 of this section. The amount of the surety bond, cash bond, or
2 letter of credit shall be $100,000. Only one surety bond, cash
3 bond, or letter of credit is required for each manufacturer,
4 regardless of the number of factory locations. The surety
5 bond, cash bond, or letter of credit shall be to the
6 department, in favor of any retail customer who suffers loss
7 arising out of noncompliance with code standards or failure to
8 honor or provide warranty service. The department may
9 disapprove any bond or letter of credit that does not provide
10 assurance as specified in this section.
11 (b) The department shall adopt rules pursuant to
12 chapter 120, Florida Statutes, consistent with this section in
13 providing assurance of satisfaction of claims.
14 (c) The department shall, upon denial, suspension, or
15 revocation of any license, notify the surety company of the
16 licensee, in writing, that the license has been denied,
17 suspended, or revoked and shall state the reason for such
18 denial, suspension, or revocation.
19 (d) Any surety company that pays any claim against the
20 bond of any licensee shall notify the department, in writing,
21 that it has paid such a claim and shall state the amount of
22 the claim.
23 (e) Any surety company that cancels the bond of any
24 licensee shall notify the department, in writing, of such
25 cancellation, giving reason for the cancellation.
26 (6) LICENSE YEAR.--A license issued to a mobile home
27 manufacturer entitles the licensee to conduct the business of
28 a mobile home manufacturer for a period of 1 year from October
29 1 preceding the date of issuance.
30 (7) DENIAL OF LICENSE.--The department may deny a
31 mobile home manufacturer's license on the ground that:
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1 (a) The applicant made a material misstatement in the
2 application for a license.
3 (b) The applicant failed to comply with chapter 320,
4 Florida Statutes, or sections 8 through 35 of this act.
5 (c) The applicant failed to provide warranty service.
6 (d) The applicant or one or more of his or her
7 principals or agents violated any law, rule, or regulation
8 relating to the manufacture or sale of mobile homes.
9 (e) The department has proof of unfitness of the
10 applicant.
11 (f) The applicant or licensee engaged in conduct in
12 any state which would have been a ground for revocation or
13 suspension of a license in this state.
14 (g) The applicant or licensee violated the National
15 Mobile Home Construction and Safety Standards Act of 1974 or
16 any regulation of Department of Housing and Urban Development
17 promulgated thereunder.
18
19 Upon denial of a license, the department shall notify the
20 applicant within 10 days, stating in writing its grounds for
21 denial. The applicant is entitled to a public hearing and may
22 request that such hearing be held within 45 days after denial
23 of the license. All proceedings shall be pursuant to chapter
24 120, Florida Statutes.
25 (8) REVOCATION OR SUSPENSION OF LICENSE.--The
26 department shall suspend or, in the case of a subsequent
27 offense, shall revoke any license upon a finding that the
28 licensee violated chapter 320, Florida Statutes, sections 8
29 through 35 of this act or any other law of this state
30 regarding the manufacture, warranty, or sale of mobile homes.
31 When any license has been revoked or suspended by the
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1 department, it may be reinstated if the department finds that
2 the former licensee has complied with chapter 320, Florida
3 Statutes, and sections 8 through 35 of this act and an
4 application for a license is refiled pursuant to this section.
5 (9) CIVIL PENALTIES, PROCEDURE.--The department may
6 assess, impose, levy, and collect by legal process a civil
7 penalty, in an amount not to exceed $1,000 for each violation,
8 against any licensee if it finds that a licensee has violated
9 any provision of this section or has violated any other law of
10 this state having to do with dealing in mobile homes. A
11 licensee is entitled to a hearing pursuant to chapter 120,
12 Florida Statutes, if the licensee wishes to contest the fine
13 levied, or about to be levied, upon him or her.
14 Section 10. Mobile home construction and safety
15 standards.--Each new single-family or duplex mobile home
16 manufactured in this state or outside this state but sold or
17 offered for sale in this state must be constructed to meet the
18 Manufactured Home Construction and Safety Standards,
19 promulgated by the Department of Housing and Urban
20 Development, pursuant to the Manufactured Housing Improvement
21 Act, or meet mobile home construction and safety standards
22 adopted by the department which do not exceed the authority
23 granted to the state in 42 U.S.C. 5403(d) which may include,
24 but need not be limited to, standards for body and frame
25 construction and the installation of plumbing, HVAC, and
26 electrical systems.
27 Section 11. Establishment of uniform standards for
28 repair and remodeling code for mobile homes.--The provisions
29 of the mobile home repair and remodeling code shall ensure
30 safe and livable housing and may not be more stringent than
31 those standards required to be met in the manufacture of
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1 mobile homes. Such provisions shall include, but not be
2 limited to, standards for structural adequacy, plumbing,
3 heating, electrical systems, and fire and life safety.
4 Section 12. Administration, enforcement, rules,
5 modification of standards.--
6 (1) The department shall administer and enforce
7 sections 3 through 35 of this act and may adopt rules pursuant
8 to sections 120.536(1) and 120.54, Florida Statutes.
9 (2) The department may adopt by rule changes in, or
10 additions to, the standards adopted in section 10 of this act,
11 which were approved and officially published by the institute
12 after July 1, 1967, or promulgated by the Department of
13 Housing and Urban Development after July 1, 1977.
14 (3) The department or its authorized agent may enter
15 any place or establishment where mobile homes are
16 manufactured, sold, or offered for sale, for the purpose of
17 ascertaining whether the requirements of the code and the
18 rules adopted by the department have been met.
19 Section 13. Limitation of alteration or modification
20 to mobile homes.--
21 (1) LIMITATION OF ALTERATIONS OR MODIFICATIONS.--A
22 licensed dealer may not alter or modify a mobile home after
23 shipment from the manufacturer's plant unless such alteration
24 or modification is authorized in this section.
25 (2) EFFECT ON MOBILE HOME WARRANTY.--Unless an
26 alteration or modification is performed by a qualified person
27 as defined in subsection (4), the warranty responsibility of
28 the manufacturer as to the altered or modified item shall be
29 void.
30 (a) An alteration or modification performed by a
31 mobile home dealer or his or her agent or employee shall place
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1 warranty responsibility for the altered or modified item upon
2 the dealer. If the manufacturer fulfills, or is required to
3 fulfill, the warranty on the altered or modified item, he or
4 she is entitled to recover damages in the amount of his or her
5 costs and attorney's fees from the dealer.
6 (b) An alteration or modification performed by a
7 mobile home owner or his or her agent renders the
8 manufacturer's warranty as to that item void. A statement
9 shall be displayed clearly and conspicuously on the face of
10 the warranty that the warranty is void as to the altered or
11 modified item if the alteration or modification is performed
12 by someone other than a qualified person. Failure to display
13 such statement shall result in warranty responsibility on the
14 manufacturer.
15 (3) AUTHORITY OF THE DEPARTMENT.--The department may
16 adopt rules pursuant to chapter 120, Florida Statutes, which
17 define the alterations or modifications that must be made by
18 qualified personnel. The department may regulate only those
19 alterations and modifications that substantially impair the
20 structural integrity or safety of the mobile home.
21 (4) DESIGNATION AS A QUALIFIED PERSON.--
22 (a) In order to be designated as a person qualified to
23 alter or modify a mobile home, a person must comply with local
24 or county licensing or competency requirements in skills
25 relevant to performing alterations or modifications on mobile
26 homes.
27 (b) When no local or county licensing or competency
28 requirements exist, the department may certify persons to
29 perform mobile home alterations or modifications. The
30 department shall by rule specify what skills and competency
31 requirements are requisite to the issuance of a certification.
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1 A fee sufficient to cover the costs of issuing certifications
2 may be charged by the department. The certification shall be
3 valid for a period that terminates when the county or other
4 local governmental unit enacts relevant competency or
5 licensing requirements. The certification shall be valid only
6 in counties or localities without licensing or competency
7 requirements.
8 (c) The department shall determine which counties and
9 localities have licensing or competency requirements adequate
10 to eliminate the requirement of certification. This
11 determination shall be based on a review of the relevant
12 county or local standards for adequacy in regulating persons
13 who perform alterations or modifications to mobile homes. The
14 department shall find local or county standards adequate when
15 minimal licensing or competency standards are provided.
16 Section 14. Mobile home installers license.--
17 (1) Any person who installs a mobile home must obtain
18 a mobile home installers license from the department pursuant
19 to this section. The license shall be renewed annually, and
20 each licensee shall pay a fee of $150.
21 (2) The department shall issue a license as a mobile
22 home installer to any person who applies to the department,
23 pays the appropriate application fee, not to exceed $100, as
24 set by department rule, and complies with subsection (3).
25 (3) In order to obtain licensure as a mobile home
26 installer, the applicant must be at least 18 years old; must
27 hold a valid performance bond in an amount set by department
28 rule, not to exceed $100,000, and conditioned upon proper
29 performance of mobile home installation and weather-sealing
30 duties for a period of 1 year; must carry liability insurance
31 in an amount determined by department rule, not to exceed
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1 $100,000; must complete a minimum 8-hour training course
2 approved by the department, and must pass a
3 department-approved examination designed to test the skills
4 necessary to properly and competently perform mobile home
5 installation and to ascertain that the applicant has adequate
6 knowledge of federal, state, and local laws applicable to
7 mobile home installation contracting. The department may
8 charge an examination fee sufficient to defray the costs of
9 developing or obtaining and providing the examination, not to
10 exceed $100. Any licensed dealer or licensed manufacturer who
11 has subcontracted with an installer for installation and who
12 remedies any faulty installation performed by said installer
13 shall have recourse against the installer's performance bond.
14 (4) A direct employee of a licensed mobile home
15 installer working under the supervision of the licensee and
16 within the job scope of the licensee is not required to be
17 licensed as a mobile home installer. The licensed mobile home
18 installer is responsible for supervising all such employees
19 and for the proper and competent performance of all employees
20 working under his or her supervision.
21 (5) "Installation," as used in this section, has the
22 same meaning as the term "setup" as defined in section 8 of
23 this act.
24 (6) A person may not:
25 (a) Falsely hold himself or herself or a business
26 organization out as a licensed mobile home installer;
27 (b) Falsely impersonate a licensed mobile home
28 installer;
29 (c) Present as his or her own the mobile home
30 installers license of another;
31
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1 (d) Knowingly give false or forged evidence to the
2 department;
3 (e) Use or attempt to use a mobile home installers
4 license that has been suspended or revoked; or
5 (f) Engage in the business or act in the capacity of a
6 licensed mobile home installer or advertise himself or herself
7 or a business organization as available to engage in the
8 business or act in the capacity of a mobile home installer
9 without being duly licensed.
10 (7) Any unlicensed person who violates subsection (6)
11 commits a misdemeanor of the first degree, punishable as
12 provided in section 775.082 or section 775.083, Florida
13 Statutes.
14 (8) A licensed person or licensed applicant may not:
15 (a) Obtain a mobile home installers license by fraud
16 or misrepresentation.
17 (b) Be convicted or found guilty of, or enter a plea
18 of nolo contendere to, regardless of adjudication, a crime in
19 any jurisdiction which directly relates to the practice of
20 mobile home installation or the ability to practice.
21 (c) Violate any law or rule relating to installing,
22 repairing, or dealing in mobile homes or any lawful order of
23 the department or the Department of Highway Safety and Motor
24 Vehicles.
25 (d) Commit fraud or deceit in the practice of
26 contracting.
27 (e) Commit incompetence or misconduct in the practice
28 of contracting.
29 (f) Commit gross negligence, repeated negligence, or
30 negligence resulting in a significant danger to life or
31 property.
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1 (9) Any licensed person or license applicant who
2 violates subsection (6) or subsection (8) may have any of the
3 following disciplinary penalties imposed by the department, at
4 its discretion:
5 (a) License revocation;
6 (b) License suspension;
7 (c) A fine not to exceed $1,000 per violation
8 involving a single installation and not to exceed $5,000 for a
9 violation involving the total setup;
10 (d) A requirement to take and pass, or retake and
11 pass, the department-approved examination;
12 (e) Probation;
13 (f) Probation subject to such restriction of practice
14 as the department chooses to impose;
15 (g) A notice of noncompliance; or
16 (h) Refusal of licensure application.
17 (10) The regulation of mobile home installers is
18 preempted to the state, and a person may not perform mobile
19 home installation unless licensed pursuant to this section,
20 regardless of whether that person holds a local license.
21 (11) A county, municipality, or other unit of local
22 government may not require additional licensing, bonding, or
23 insurance of a duly licensed installer who performs setup
24 operations as defined in section 8 of this act. However, a
25 county, municipality, or other unit of local government may
26 require an installer to obtain a local occupational license,
27 which license shall not require for its issuance any
28 conditions other than those required by sections 8 through 35
29 of this act and payment of the appropriate occupational
30 license fee.
31
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1 (12) All installers, dealers, and manufacturers shall
2 purchase installation decals from the department for a fee not
3 to exceed $10 per decal. An installation decal shall be
4 affixed to the manufactured home or mobile home prior to
5 installation. This decal shall denote the date of
6 installation, the name of the installer, and the number of the
7 installer's license or the dealer or manufacturer license
8 number. Such decal shall be positioned immediately next to the
9 HUD decal.
10 (13) Each installer shall maintain a location log for
11 each decal for 2 years. This requirement applies only after
12 the department develops an acceptable format for the log and
13 provides a sample of the acceptable format to each licensed
14 installer.
15 (14) In performing the installation, installers may
16 not perform plumbing or electrical activities prohibited by
17 department rules related to setup operations pursuant to
18 section 8 of this act.
19 (15) Funds received by the department pursuant to this
20 section shall be deposited in the department's operating trust
21 fund.
22 Section 15. Mobile home installation products; product
23 approval.--
24 (1) Each person or entity that engages in the
25 manufacture of mobile home installation components, products,
26 or systems must obtain a certification from the department
27 which affirms that such component, product, or system is
28 approved for use in the installation of mobile homes in this
29 state.
30 (2) The department shall certify for use in this state
31 any mobile home installation component, product, or system for
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1 which a person or entity applies to the department and which
2 complies with subsection (3).
3 (3) In order to obtain the certification set forth in
4 this section, a manufacturer must submit to the department a
5 report certifying that the mobile home installation component,
6 product, or system meets the mobile home installation
7 standards set forth in this section and in department rules.
8 The report must be signed and sealed by a professional
9 engineer registered in this state. In accordance with chapter
10 120, Florida Statutes, the department shall review the report
11 and approve or deny the certification of the installation
12 component, product, or system for use in the installation of
13 mobile homes in this state.
14 (4) The certification set forth in this section is
15 subject to suspension or revocation, and the person or entity
16 that obtained the certification is subject to a fine set by
17 department rules upon a finding by the department that the
18 person or entity has obtained the certification by
19 misrepresentation or fraud or that the product, component, or
20 system does not meet the mobile home installation standards
21 set forth in sections 8 through 35 of this act or in
22 department rules.
23 (5) Any product, component, or system subject to this
24 section which was being used in the installation of mobile
25 homes in this state on June 10, 2004, is not required to be
26 certified in accordance with this section until July 1, 2009.
27 Section 16. Mobile home inspection.--
28 (1) In order to ensure the highest degree of quality
29 control in the construction of new mobile homes, each new
30 mobile home sold in the state shall be inspected by the
31 department pursuant to procedures developed by the department
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1 which assure compliance with code provisions. The department
2 may adopt rules pursuant to chapter 120, Florida Statutes, for
3 the implementation and enforcement of this inspection.
4 (2) Department inspectors shall make unannounced
5 visits to manufacturing plants or take any other appropriate
6 action which assures compliance with the code.
7 (3) Mobile home manufacturers and dealers shall be
8 charged a fee for special inspections, including, but not
9 limited to, plant approvals, 100 percent plant inspections,
10 increased frequency inspections, reinspections, and special
11 consumer complaint investigations as requested by a
12 manufacturer or dealer or as may be deemed necessary by the
13 department.
14 (4) The department shall determine fees for special
15 inspections and for the label authorized under section 17 of
16 this act which are sufficient to cover the cost of inspection
17 and administration under this section. Fees collected shall
18 be deposited into the General Revenue Fund.
19 Section 17. Label; procedures for issuance;
20 certification; requirements.--No dealer shall sell or offer
21 for sale in this state any new mobile home manufactured after
22 January 1, 1968, unless the mobile home bears a label and the
23 certification by the manufacturer that the mobile home to
24 which the label is attached meets or exceeds the appropriate
25 code. Any mobile home bearing the insignia of approval
26 pursuant to this section complies with all local government
27 ordinances or rules which govern construction, and no mobile
28 home bearing such insignia may be altered or modified in any
29 way except in compliance with sections 3 through 35 of this
30 act and chapter 320, Florida Statutes. Labels may be issued by
31 the department when applied for with an affidavit certifying
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1 that the dealer or manufacturer applying will not attach a
2 label to any new mobile home that does not meet or exceed the
3 appropriate code. No mobile home may be manufactured in this
4 state unless it bears a label and certification that the
5 mobile home meets or exceeds the code. The label for each
6 mobile home shall be displayed in a manner to be prescribed by
7 the department.
8 Section 18. Onsite inspection.--
9 (1) Each county or municipality in this state is
10 responsible for the onsite inspection of each mobile home
11 installation located within the jurisdiction of such entity.
12 The onsite inspection shall ensure compliance with the uniform
13 installation standards in section 22 of this act, department
14 rules to implement section 22 of this act, chapter 320,
15 Florida Statutes, and rules of the Department of Highway
16 Safety and Motor Vehicles.
17 (2) Each county or municipality may designate the
18 persons who are to perform the onsite inspection. If a county
19 or municipality does not so designate, the department shall
20 designate the persons who are to perform the onsite
21 inspection. A person may not be designated to perform onsite
22 inspections unless that person is competent in the area of
23 mobile home installation.
24 (3) The county or municipality issuing a permit for
25 the installation of a mobile home shall issue such permit only
26 to a licensed mobile home installer or to a licensed mobile
27 home dealer or manufactured home owner if the dealer or owner
28 demonstrates on the face of the application that a licensed
29 installer will be performing the actual work. In the case of
30 issuance to an owner, the permit must reflect the name and the
31 license number of the licensed installer performing the work.
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1 (4) Pursuant to the onsite inspection, each mobile
2 home shall be issued a certificate of occupancy if the mobile
3 home complies with department rules regarding the installation
4 of mobile homes.
5 (5) Fees for onsite inspections and certificates of
6 occupancy of mobile homes shall be reasonable for the services
7 performed. A guideline for fee schedules shall be issued by
8 the department.
9 (6) The department shall enforce this section and the
10 rules adopted pursuant to this section, except that local land
11 use and zoning requirements, fire zones, building setback and
12 side and rear yard requirements, site development and property
13 line requirements, subdivision control, and onsite
14 installation inspection requirements, as well as review and
15 regulation of architectural and aesthetic requirements, are
16 specifically and entirely reserved to local jurisdictions.
17 However, any architectural or aesthetic requirement imposed on
18 the mobile home structure itself may pertain only to roofing
19 and siding materials. Such local requirements and regulations
20 for manufactured homes must be reasonable, uniformly applied,
21 and enforced without distinctions as to whether such housing
22 is manufactured, located in a mobile home park or a mobile
23 home subdivision, or built in a conventional manner. A local
24 jurisdiction may not prohibit the siting or resiting of used
25 mobile homes based solely on the date the unit was
26 manufactured.
27 Section 19. Reciprocity.--If any other state has codes
28 for mobile homes at least equal to those established by
29 chapter 320, Florida Statutes, and sections 3 through 35 of
30 this act, the department, upon determining that such standards
31 are being enforced by an independent inspection agency, shall
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1 place the other state on a reciprocity list, which list shall
2 be available to any interested person. Any mobile home that
3 bears a seal of any state that has been placed on the
4 reciprocity list is not required to bear the seal of this
5 state. A mobile home that does not bear the label as provided
6 in this section may not be manufactured, or offered for sale
7 by a manufacturer or dealer, in this state unless the mobile
8 home is designated for delivery into another state that has
9 not adopted a code entitling the state to be placed on the
10 reciprocity list.
11 Section 20. Penalties.--
12 (1) Whoever violates a provision of the National
13 Manufactured Housing Construction and Safety Standards Act of
14 1974, 42 U.S.C. ss. 5401 et seq., or of a rule, regulation, or
15 final order issued pursuant to that act is liable for a civil
16 penalty not to exceed $1,000 for each such violation. Each
17 violation of such a provision constitutes a separate violation
18 with respect to each mobile home or with respect to each
19 failure or refusal to allow or perform an act required by such
20 provision. The maximum civil penalty may not exceed $1 million
21 for any related series of violations occurring within 1 year
22 following the date of the first violation.
23 (2) Any individual, or a director, officer, or agent
24 of a corporation, who knowingly and willfully violates s. 610
25 of the National Mobile Home Construction and Safety Standards
26 Act of 1974 in a manner that threatens the health or safety of
27 any purchaser commits a misdemeanor of the first degree,
28 punishable as provided in section 775.082 or section 775.083,
29 Florida Statutes.
30 (3) Any manufacturer, dealer, or inspector who
31 violates a provision of sections 8 through 33 of this act or
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1 rules adopted by the department to implement such sections
2 commits a misdemeanor of the first degree, punishable as
3 provided in section 775.082 or section 775.083, Florida
4 Statutes, provided such violation is not also a violation of
5 the National Mobile Home Construction and Safety Standards Act
6 of 1974 or any rule, regulation, or final order issued
7 thereunder.
8 Section 21. Legislative intent.--Nothing in sections 3
9 through 35 of this act shall act to nullify or supersede
10 chapter 527, Florida Statutes.
11 Section 22. Mobile homes; uniform installation
12 standards; injunctions; penalty.--
13 (1) The department shall adopt rules establishing
14 uniform standards for the installation of mobile homes and for
15 the manufacture of components, products, or systems used in
16 the installation of mobile homes. The rules must ensure that
17 each home is installed on a permanent foundation that resists
18 wind, flood, flotation, overturning, sliding, and lateral
19 movement of the home. No entity, other than the department,
20 has authority to amend these uniform standards. The owner of
21 the mobile home is responsible for the installation in
22 accordance with department rules.
23 (2)(a) Persons licensed in this state to engage in the
24 business of insuring mobile homes that are subject to this
25 section against damage from windstorm shall issue such
26 insurance only if the mobile home has been installed in
27 accordance with sections 3 through 33 of this act, department
28 rules to implement those sections, chapter 320, Florida
29 Statutes, and rules of the Department of Highway Safety and
30 Motor Vehicles.
31
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1 (b) If a mobile home is insured against damage caused
2 by windstorm and subsequently sustains windstorm damage of a
3 nature that indicates that the home was not installed in the
4 manner required by sections 3 through 33 of this act,
5 department rules to implement those sections, chapter 320,
6 Florida Statutes, and rules of the Department of Highway
7 Safety and Motor Vehicles, the person issuing the policy shall
8 not be relieved from meeting the obligations specified in the
9 insurance policy with respect to such damage on the basis that
10 the mobile home was not properly installed.
11 (3) If a person or entity engages in this state in the
12 business of mobile home installation, or in the business of
13 manufacturing components, products, or systems used in the
14 installation of mobile homes, in a manner that is not in
15 accordance with the uniform standards set by the department, a
16 person or entity aggrieved thereby may bring an action in the
17 appropriate court for actual damages. In addition, the court
18 may provide appropriate equitable relief, including the
19 enjoining of a violator from engaging in the business or from
20 committing further violations. If the court finds that a
21 willful violation has occurred, the court shall award punitive
22 damages to the aggrieved party. The losing party may be liable
23 for court costs and reasonable attorney's fees incurred by the
24 prevailing party.
25 (4) In addition to other penalties provided in this
26 section, the department or the state attorneys and their
27 assistants may apply to the circuit courts within their
28 respective jurisdictions, and such courts shall have
29 jurisdiction, upon hearing and for cause shown, to grant
30 temporary or permanent injunctions restraining any person or
31 entity engaging in the business of mobile home installation,
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1 or the manufacturing of components, products, or systems used
2 in the installation of mobile homes, from installing such
3 homes or manufacturing or selling such components, products,
4 or systems in a manner not in accordance with the uniform
5 standards established by the department or restraining any
6 persons in the business of installing such components,
7 products, or systems from using devices that do not meet the
8 uniform standards set by the department or from installing
9 such components, products, or systems in a manner not in
10 accordance with such uniform standards, whether or not there
11 exists an adequate remedy at law, and such injunctions shall
12 issue without bond.
13 (5) This section applies only to a mobile home that is
14 being used as a dwelling place and that is located on a
15 particular location for a period of time exceeding 14 days.
16 Section 23. Retention, destruction, and reproduction
17 of records; electronic retention.--Records and documents of
18 the department, created in compliance with, and in the
19 implementation of, sections 3 through 35 of this act shall be
20 retained by the department as specified in record-retention
21 schedules established under chapter 119, Florida Statutes.
22 Further, the department may:
23 (1) Destroy, or otherwise dispose of, those records
24 and documents, in conformity with the approved retention
25 schedules.
26 (2) Photograph, microphotograph, or reproduce on film,
27 as authorized and directed by the approved retention
28 schedules, whereby each page will be exposed in exact
29 conformity with the original records and documents retained in
30 compliance with this section. Photographs or microphotographs
31 in the form of film or print of any records, made in
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1 compliance with this section, have the same force and effect
2 as the originals thereof would have and shall be treated as
3 originals for the purpose of their admissibility in evidence.
4 Duly certified or authenticated reproductions of such
5 photographs or microphotographs shall be admitted in evidence
6 equally with the original photographs or microphotographs.
7 (3) Maintain all records required or obtained in
8 compliance with, and in the implementation of, sections 3
9 through 35 of this act exclusively by electronic means.
10 Section 24. Disclosure of manner used in determining
11 length of mobile homes.--When the length of the coupling
12 mechanism is included in the overall length of a mobile home,
13 any person who engages in the trade or commerce of selling
14 mobile homes must disclose in writing to the buyer, before the
15 buyer signs a contract for sale, that the length of the
16 coupling mechanism has been included in the length of the
17 mobile home. Any advertisement or other communication that
18 describes a mobile home in terms of its length or width must
19 conform to the requirements of this section.
20 Section 25. Purpose.--It is the intent of the
21 Legislature to ensure the safety and welfare of residents of
22 mobile homes through an inspection program conducted by the
23 department. Mobile homes are a primary affordable housing
24 resource of many of the residents of the state and satisfy a
25 large segment of statewide housing needs. It is the further
26 intent of the Legislature that the department, mobile home
27 dealers, and mobile home manufacturers work together to meet
28 the applicable code requirements for mobile homes and that
29 such dealers and manufacturers share the responsibilities of
30 warranting mobile homes in accordance with applicable codes
31
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1 and resolving legitimate consumer complaints in a timely,
2 efficient manner.
3 Section 26. New mobile home warranties.--Each
4 manufacturer, dealer, installer, and supplier of mobile homes
5 shall warrant each new mobile home sold in this state and the
6 setup of each such mobile home, in accordance with the
7 warranty requirements prescribed by this section, for a period
8 of at least 12 months, measured from the date of delivery of
9 the mobile home to the buyer in the case of a manufacturer or
10 dealer, or from the date of receipt of a certificate of
11 occupancy in the case of an installer. The warranty
12 requirements of each manufacturer, dealer, installer, and
13 supplier of such mobile homes are as follows:
14 (1) The manufacturer warrants:
15 (a) For a mobile home, that all structural elements;
16 plumbing systems; heating, cooling, and fuel-burning systems;
17 electrical systems; fire-prevention systems; and any other
18 components or conditions included by the manufacturer are free
19 from substantial defect.
20 (b) That 100-ampere electrical service exists in the
21 mobile home.
22 (2) The dealer warrants:
23 (a) That any modifications or alterations made to the
24 mobile home by the dealer or authorized by the dealer shall be
25 free from substantial defect. Alterations or modifications
26 made by a dealer shall relieve the manufacturer of warranty
27 responsibility only as to the item altered or modified.
28 (b) That setup operations performed on the mobile home
29 are performed in compliance with section 22 of this act.
30
31
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1 (c) That substantial defects do not occur to the
2 mobile home during setup or by transporting it to the
3 occupancy site.
4
5 When the setup of a mobile home is performed by a person who
6 is not an employee or agent of the mobile home manufacturer or
7 dealer and is not compensated or authorized by, or connected
8 with, such manufacturer or dealer, the warranty responsibility
9 of the manufacturer or dealer as to setup is limited to
10 transporting the mobile home to the occupancy site free from
11 substantial defect.
12 (3) The installer warrants that the setup operations
13 performed on the mobile home are performed in compliance with
14 section 22 of this act and department rules governing the
15 installation.
16 (4) The supplier warrants that any warranties
17 generally offered in the ordinary sale of his or her product
18 to consumers shall be extended to buyers of mobile homes.
19 When no warranty is extended by suppliers, the manufacturer
20 shall assume warranty responsibility for that component.
21 (5) The department may adopt rules under chapter 120,
22 Florida Statutes, to resolve disputes that may arise among the
23 mobile home manufacturer, dealer, installer, or supplier.
24 Those rules must comply with the dispute-resolution process as
25 set forth in the federal Manufactured Housing Improvement Act.
26 Section 27. Presenting warranty claim.--The claim in
27 writing, stating the substance of the warranty defect, may be
28 presented to the manufacturer, dealer, or supplier. When the
29 person notified is not the responsible party he or she shall
30 inform the claimant and shall notify the responsible party of
31 the warranty claim immediately.
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1 Section 28. Warranty service.--
2 (1) When a service agreement exists between
3 manufacturers, dealers, and suppliers to provide warranty
4 service, the agreement may specify which party is to remedy
5 warranty defects. However, when a warranty defect is not
6 properly remedied, the responsible party, as determined
7 pursuant to section 26 of this act, is responsible for
8 providing warranty service.
9 (2) When no service agreement exists for warranty
10 service, the responsible party, as designated by section 26 of
11 this act, is responsible for remedying the warranty defect.
12 (3) The defect shall be remedied within 30 days after
13 receipt of the written notification of the warranty claim
14 unless the claim is unreasonable or bona fide reasons exist
15 for not remedying the defect. When sufficient reasons exist
16 for not remedying the defect or the claim is unreasonable, the
17 responsible party shall respond to the claimant in writing
18 with its reasons for not promptly remedying the defect and
19 what further action is contemplated by the responsible party.
20 (4) When the person remedying the defect is not the
21 responsible party as designated by section 26 of this act he
22 or she is entitled to reasonable compensation paid to him or
23 her by the responsible party. Conduct that coerces or requires
24 a nonresponsible party to perform warranty service is a
25 violation of this section.
26 (5) Warranty service shall be performed at the site at
27 which the mobile home is initially delivered to the buyer,
28 except for components that can be removed for service without
29 substantial expense or inconvenience to the buyer.
30 Section 29. Civil action.--Notwithstanding the
31 existence of other remedies, a buyer may bring a civil suit
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1 for damages against a responsible party who fails to
2 satisfactorily resolve a warranty claim. Damages shall be the
3 actual costs of remedying the defect. Court costs and
4 reasonable attorney's fees may be awarded to the prevailing
5 party. When the court finds that failure to honor warranty
6 claims is a consistent pattern of conduct of the responsible
7 party, or that the defect is so severe as to significantly
8 impair the safety of the mobile home, it may assess punitive
9 damages against the responsible party.
10 Section 30. Cumulative remedies.--The warranty
11 provisions in sections 25 through 29 of this act are in
12 addition to, and not in derogation of, any other rights and
13 privileges that the buyer may have under any other law or
14 instrument. The manufacturer, dealer, or supplier may not
15 require the buyer to waive his or her rights under sections 3
16 through 35 of this act or any other rights under law. Any
17 such waiver shall be deemed contrary to public policy and
18 unenforceable and void.
19 Section 31. Liquidated damages.--The retail seller of
20 a mobile home may, in the absence of an express provision in
21 the sales contract stipulating reasonable liquidated damages
22 or retention of a down payment or deposit if the buyer fails
23 to accept delivery of a mobile home, retain maximum damages
24 according to the following terms:
25 (1) If the mobile home is in the seller's stock and
26 not specially ordered from the manufacturer for the buyer, the
27 maximum retention shall be $50.
28 (2) If the mobile home is a single-wide and specially
29 ordered from the manufacturer for the buyer, the maximum
30 retention shall be $350.
31
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1 (3) If the mobile home is larger than a single-wide
2 and specially ordered for the buyer from the manufacturer, the
3 maximum retention shall be $700.
4 Section 32. Inspection of records; production of
5 evidence; subpoena power.--
6 (1) The department may inspect the pertinent books,
7 records, letters, and contracts of any licensee, whether
8 dealer or manufacturer, relating to any written complaint made
9 to it against such licensee.
10 (2) The department may exercise the power of subpoena
11 for the attendance of witnesses and the production of any
12 documentary evidence necessary to the disposition by it of any
13 written complaint against any licensee, whether dealer or
14 manufacturer.
15 Section 33. Denial, suspension, or revocation of
16 license held by firms or corporations.--If an applicant or
17 licensee is a firm, partnership, or corporation, it is
18 sufficient cause to deny, suspend, or revoke a license
19 provided for in sections 3 through 35 of this act if an
20 officer, director, or trustee of the firm or corporation, or
21 any member of a partnership, has committed an act or omission
22 which would be cause for denying, suspending, or revoking a
23 license to such party as an individual. Each licensee under
24 sections 3 through 35 of this act is responsible for these
25 acts of its employees which are undertaken as the agent of the
26 licensee if the licensee approved of, or had knowledge of, the
27 acts or other similar acts and, after such approval or
28 knowledge, retained the benefits, proceeds, profits, or
29 advantages accruing from, or otherwise ratified, the acts.
30 Section 34. Maintenance of records by the
31 department.--Beginning December 1, 2005, the department shall
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1 maintain electronic records of all complaints filed against
2 licensees licensed under sections 6 and 9 of this act,
3 notwithstanding any other provision of sections 3 through 35
4 of this act. The records shall contain all enforcement actions
5 taken against licensees and against unlicensed persons acting
6 in a capacity that would require them to be licensed under
7 those sections. The electronic file of each licensee and
8 unlicensed person shall contain a record of any complaints
9 filed against him or her and a record of any enforcement
10 actions taken against him or her. The complainant and the
11 referring agency, if there is one, shall be advised of the
12 disposition by the department of the complaint within 10 days
13 after such action.
14 Section 35. Transactions by electronic or telephonic
15 means.--The department may accept any application provided for
16 under sections 3 through 35 of this act by electronic or
17 telephonic means.
18 Section 36. Subsection (7) is added to section 20.18,
19 Florida Statutes, to read:
20 20.18 Department of Community Affairs.--There is
21 created a Department of Community Affairs.
22 (7) The role of state government required by sections
23 3-35 of this act is the responsibility of the Department of
24 Community Affairs and the department is the agency of state
25 government responsible for the state's role in the
26 installation of mobile homes to such an extent that the
27 residents of this state are as safe as possible with respect
28 to destructive weather.
29 Section 37. Section 205.193, Florida Statutes, is
30 amended to read:
31
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1 205.193 Mobile home setup operations; local license
2 prohibited; exception.--No county, municipality, or other unit
3 of local government may require a duly licensed mobile home
4 dealer or a duly licensed mobile home manufacturer, or an
5 employee of such dealer or manufacturer, who performs setup
6 operations as defined in section 8 of this act or in s.
7 320.822 to be licensed to engage in such operations. However,
8 such dealer or manufacturer shall be required to obtain a
9 local occupational license for his or her permanent business
10 location or branch office, which license shall not require for
11 its issuance any conditions other than those required by
12 chapter 320 or sections 3-35 of this act.
13 Section 38. Subsection (3) of section 319.001, Florida
14 Statutes, is amended to read:
15 319.001 Definitions.--As used in this chapter, the
16 term:
17 (3) "Licensed dealer," unless otherwise specifically
18 provided, means a motor vehicle dealer licensed under s.
19 320.27, a mobile home dealer licensed under section 6 of this
20 act s. 320.77, or a recreational vehicle dealer licensed under
21 s. 320.771.
22 Section 39. Paragraph (d) of subsection (1) of section
23 320.131, Florida Statutes, is amended to read:
24 320.131 Temporary tags.--
25 (1) The department is authorized and empowered to
26 design, issue, and regulate the use of temporary tags to be
27 designated "temporary tags" for use in the following cases:
28 (d) For banks, credit unions, and other financial
29 institutions which are not required to be licensed under
30 section 6 of this act, the provisions of s. 320.27, s. 320.77,
31
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1 or s. 320.771, but need temporary tags for the purpose of
2 demonstrating repossessions for sale.
3
4 Further, the department is authorized to disallow the purchase
5 of temporary tags by licensed dealers, common carriers, or
6 financial institutions in those cases where abuse has
7 occurred.
8 Section 40. Subsection (9) of section 320.27, Florida
9 Statutes, is amended to read:
10 320.27 Motor vehicle dealers.--
11 (9) DENIAL, SUSPENSION, OR REVOCATION.--
12 (a) The department may deny, suspend, or revoke any
13 license issued hereunder or under the provisions of s. 320.77
14 or s. 320.771, upon proof that a licensee has committed any of
15 the following activities:
16 1. Commission of fraud or willful misrepresentation in
17 application for or in obtaining a license.
18 2. Conviction of a felony.
19 3. Failure to honor a bank draft or check given to a
20 motor vehicle dealer for the purchase of a motor vehicle by
21 another motor vehicle dealer within 10 days after notification
22 that the bank draft or check has been dishonored. If the
23 transaction is disputed, the maker of the bank draft or check
24 shall post a bond in accordance with the provisions of s.
25 559.917, and no proceeding for revocation or suspension shall
26 be commenced until the dispute is resolved.
27 (b) The department may deny, suspend, or revoke any
28 license issued hereunder or under the provisions of s. 320.77
29 or s. 320.771 upon proof that a licensee has committed, with
30 sufficient frequency so as to establish a pattern of
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1 wrongdoing on the part of a licensee, violations of one or
2 more of the following activities:
3 1. Representation that a demonstrator is a new motor
4 vehicle, or the attempt to sell or the sale of a demonstrator
5 as a new motor vehicle without written notice to the purchaser
6 that the vehicle is a demonstrator. For the purposes of this
7 section, a "demonstrator," a "new motor vehicle," and a "used
8 motor vehicle" shall be defined as under s. 320.60.
9 2. Unjustifiable refusal to comply with a licensee's
10 responsibility under the terms of the new motor vehicle
11 warranty issued by its respective manufacturer, distributor,
12 or importer. However, if such refusal is at the direction of
13 the manufacturer, distributor, or importer, such refusal shall
14 not be a ground under this section.
15 3. Misrepresentation or false, deceptive, or
16 misleading statements with regard to the sale or financing of
17 motor vehicles which any motor vehicle dealer has, or causes
18 to have, advertised, printed, displayed, published,
19 distributed, broadcast, televised, or made in any manner with
20 regard to the sale or financing of motor vehicles.
21 4. Failure by any motor vehicle dealer to provide a
22 customer or purchaser with an odometer disclosure statement
23 and a copy of any bona fide written, executed sales contract
24 or agreement of purchase connected with the purchase of the
25 motor vehicle purchased by the customer or purchaser.
26 5. Failure of any motor vehicle dealer to comply with
27 the terms of any bona fide written, executed agreement,
28 pursuant to the sale of a motor vehicle.
29 6. Failure to apply for transfer of a title as
30 prescribed in s. 319.23(6).
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1 7. Use of the dealer license identification number by
2 any person other than the licensed dealer or his or her
3 designee.
4 8. Failure to continually meet the requirements of the
5 licensure law.
6 9. Representation to a customer or any advertisement
7 to the public representing or suggesting that a motor vehicle
8 is a new motor vehicle if such vehicle lawfully cannot be
9 titled in the name of the customer or other member of the
10 public by the seller using a manufacturer's statement of
11 origin as permitted in s. 319.23(1).
12 10. Requirement by any motor vehicle dealer that a
13 customer or purchaser accept equipment on his or her motor
14 vehicle which was not ordered by the customer or purchaser.
15 11. Requirement by any motor vehicle dealer that any
16 customer or purchaser finance a motor vehicle with a specific
17 financial institution or company.
18 12. Requirement by any motor vehicle dealer that the
19 purchaser of a motor vehicle contract with the dealer for
20 physical damage insurance.
21 13. Perpetration of a fraud upon any person as a
22 result of dealing in motor vehicles, including, without
23 limitation, the misrepresentation to any person by the
24 licensee of the licensee's relationship to any manufacturer,
25 importer, or distributor.
26 14. Violation of any of the provisions of s. 319.35 by
27 any motor vehicle dealer.
28 15. Sale by a motor vehicle dealer of a vehicle
29 offered in trade by a customer prior to consummation of the
30 sale, exchange, or transfer of a newly acquired vehicle to the
31 customer, unless the customer provides written authorization
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1 for the sale of the trade-in vehicle prior to delivery of the
2 newly acquired vehicle.
3 16. Willful failure to comply with a any
4 administrative rule adopted by the department.
5 17. Violation of chapter 319, this chapter, or ss.
6 559.901-559.9221, which has to do with dealing in or repairing
7 motor vehicles or mobile homes. Additionally, in the case of
8 used motor vehicles, the willful violation of the federal law
9 and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining
10 to the consumer sales window form.
11 (c) When a motor vehicle dealer is convicted of a
12 crime which results in his or her being prohibited from
13 continuing in that capacity, the dealer may not continue in
14 any capacity within the industry. The offender shall have no
15 financial interest, management, sales, or other role in the
16 operation of a dealership. Further, the offender may not
17 derive income from the dealership beyond reasonable
18 compensation for the sale of his or her ownership interest in
19 the business.
20 Section 41. Section 320.28, Florida Statutes, is
21 amended to read:
22 320.28 Nonresident dealers in secondhand motor
23 vehicles or, recreational vehicles, or mobile homes.--Every
24 dealer in used or secondhand motor vehicles or, recreational
25 vehicles, or mobile homes who is a nonresident of the state,
26 does not have a permanent place of business in this state, and
27 has not qualified as a dealer under the provisions of ss.
28 320.27, 320.77, and 320.771, and any person other than a
29 dealer qualified under the provisions of said ss. 320.27,
30 320.77, and 320.771, who brings any used or secondhand motor
31 vehicle or, recreational vehicle, or mobile home into the
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1 state for the purpose of sale, except to a dealer licensed
2 under the provisions of ss. 320.27, 320.77, and 320.771,
3 shall, at least 10 days prior to the sale of said vehicle, the
4 offering of said vehicle for sale, or the advertising of said
5 vehicle for sale, make and file with the department the
6 official application for a certificate of title for said
7 vehicle as provided by law. Any person who has had one or
8 more transactions involving the sale of three or more used or
9 secondhand motor vehicles or, recreational vehicles, or mobile
10 homes in Florida during any 12-month period shall be deemed to
11 be a secondhand dealer in motor vehicles or, recreational
12 vehicles, or mobile homes.
13 Section 42. Subsection (1) of section 320.71, Florida
14 Statutes, is amended to read:
15 320.71 Nonresident motor vehicle, mobile home, or
16 recreational vehicle dealer's license.--
17 (1) Any person who is a nonresident of the state, who
18 does not have a dealer's contract from the manufacturer or
19 manufacturer's distributor of motor vehicles, mobile homes, or
20 recreational vehicles authorizing the sale thereof in definite
21 Florida territory, and who sells or engages in the business of
22 selling said vehicles at retail within the state shall
23 register with the Department of Revenue for a sales tax dealer
24 registration number and comply with chapter 212, and pay a
25 license tax of $2,000 per annum in each county where such
26 sales are made; $1,250 of said tax shall be transmitted to the
27 Department of Financial Services to be deposited in the
28 General Revenue Fund of the state, and $750 thereof shall be
29 returned to the county. The license tax shall cover the
30 period from January 1 to the following December 31, and no
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1 such license shall be issued for any fractional part of a
2 year.
3 Section 43. Section 320.77, Florida Statutes, is
4 repealed.
5 Section 44. Subsections (8) and (11) of section
6 320.771, Florida Statutes, are amended to read:
7 320.771 License required of recreational vehicle
8 dealers.--
9 (8) LICENSE ENDORSEMENT.--Any mobile home dealer
10 licensed pursuant to section 6 of this act s. 320.77, may
11 apply to the department for authority to sell recreational
12 vehicles. The mobile home dealer shall file an application
13 required by this section and shall be governed by the
14 licensing provisions contained herein. No additional license
15 fees or bond shall be required for issuance of this
16 endorsement to the mobile home dealer's license.
17 (11) SETUP OPERATIONS.--Each licensee may perform
18 setup operations only as defined in section 8 of this act s.
19 320.822, and the department shall provide by rule for the
20 uniform application of all existing statutory provisions
21 relating to licensing and setup operations.
22 Section 45. Section 320.781, Florida Statutes, is
23 amended to read:
24 320.781 Mobile Home and Recreational Vehicle
25 Protection Trust Fund.--
26 (1) There is hereby established a Mobile Home and
27 Recreational Vehicle Protection Trust Fund. The trust fund
28 shall be administered and managed by the Department of Highway
29 Safety and Motor Vehicles. The expenses incurred by the
30 department in administering this section shall be paid only
31 from appropriations made from the trust fund.
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1 (2) Beginning October 1, 1990, the department shall
2 charge and collect an additional fee of $1 for each new mobile
3 home and new recreational vehicle title transaction for which
4 it charges a fee. Beginning July 31, 2005, the This additional
5 fee collected for mobile homes shall be deposited into the
6 operating trust fund of the Department of Community Affairs
7 for the purposes specified in section 8 of this act. The
8 additional fee collected for recreational vehicles shall be
9 deposited into the Recreational Vehicle Trust Fund. The
10 Department of Highway Safety and Motor Vehicles shall charge a
11 fee of $40 per annual recreational vehicle dealer and
12 manufacturer license and license renewal, which shall be
13 deposited into the Recreational Vehicle Trust Fund. The sums
14 deposited in the Recreational Vehicle Trust Fund shall be used
15 exclusively for carrying out the purposes of this section.
16 Such These sums may be invested and reinvested by the Chief
17 Financial Officer under the same limitations as apply to
18 investment of other state funds, with all interest from these
19 investments deposited to the credit of the Recreational
20 Vehicle Trust Fund.
21 (3) The Recreational Vehicle Trust Fund shall be used
22 to satisfy any judgment by any person, as provided by this
23 section, against a mobile home or recreational vehicle dealer
24 or broker for damages, restitution, or expenses, including
25 reasonable attorney's fees, resulting from a cause of action
26 directly related to the conditions of any written contract
27 made by him or her in connection with the sale, exchange, or
28 improvement of a any mobile home or recreational vehicle, or
29 for any violation of chapter 319 or this chapter.
30 (4) The Recreational Vehicle Trust Fund shall not be
31 liable for any judgment, or part thereof, resulting from any
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1 tort claim except as expressly provided in subsection (3), nor
2 for any punitive, exemplary, double, or treble damages. A
3 person, the state, or any political subdivision thereof may
4 recover against the mobile home or recreational vehicle
5 dealer, broker, or surety, jointly and severally, for such
6 damages, restitution, or expenses; provided, however, that in
7 no event shall the trust fund or the surety be liable for an
8 amount in excess of actual damages, restitution, or expenses.
9 (5) Subject to the limitations and requirements of
10 this section, the Recreational Vehicle Trust Fund shall be
11 used by the department to compensate persons who have
12 unsatisfied judgments, or in certain limited circumstances
13 unsatisfied claims, against a mobile home or recreational
14 vehicle dealer or broker in one of the following situations:
15 (a) The claimant has obtained a final judgment which
16 is unsatisfied against the mobile home or recreational vehicle
17 dealer or broker or its surety jointly and severally, or
18 against the mobile home dealer or broker only, if the court
19 found that the surety was not liable due to prior payment of
20 valid claims against the bond in an amount equal to, or
21 greater than, the face amount of the applicable bond.
22 (b) The claimant has obtained a judgment against the
23 surety of the mobile home or recreational vehicle dealer or
24 broker that is unsatisfied.
25 (c) The claimant has alleged a claim against the
26 mobile home or recreational vehicle dealer or broker in a
27 lawsuit which has been stayed or discharged as a result of the
28 filing for reorganization or discharge in bankruptcy by the
29 dealer or broker, and judgment against the surety is not
30 possible because of the bankruptcy or liquidation of the
31 surety, or because the surety has been found by a court of
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1 competent jurisdiction not to be liable due to prior payment
2 of valid claims against the bond in an amount equal to, or
3 greater than, the face amount of the applicable bond.
4 (6) In order to recover from the Recreational Vehicle
5 Trust Fund, the person must file an application and verified
6 claim with the department.
7 (a) If the claimant has obtained a judgment which is
8 unsatisfied against the mobile home or recreational vehicle
9 dealer or broker or its surety as set forth in this section,
10 the verified claim must specify the following:
11 1.a. That the judgment against the mobile home or
12 recreational vehicle dealer or broker and its surety has been
13 entered; or
14 b. That the judgment against the mobile home or
15 recreational vehicle dealer or broker contains a specific
16 finding that the surety has no liability, that execution has
17 been returned unsatisfied, and that a judgment lien has been
18 perfected;
19 2. The amount of actual damages broken down by
20 category as awarded by the court or jury in the cause which
21 resulted in the unsatisfied judgment, and the amount of
22 attorney's fees set forth in the unsatisfied judgment;
23 3. The amount of payment or other consideration
24 received, if any, from the mobile home or recreational vehicle
25 dealer or broker or its surety;
26 4. The amount that may be realized, if any, from the
27 sale of real or personal property or other assets of the
28 judgment debtor liable to be sold or applied in satisfaction
29 of the judgment and the balance remaining due on the judgment
30 after application of the amount which has been realized and a
31
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1 certification that the claimant has made a good faith effort
2 to collect the judgment; and
3 5. Such other information as the department requires.
4 (b) If the claimant has alleged a claim as set forth
5 in paragraph (5)(c) and for the reasons set forth therein has
6 not been able to secure a judgment, the verified claim must
7 contain the following:
8 1. A true copy of the pleadings in the lawsuit which
9 was stayed or discharged by the bankruptcy court and the order
10 of the bankruptcy court staying those proceedings;
11 2. Allegations of the acts or omissions by the mobile
12 home or recreational vehicle dealer or broker setting forth
13 the specific acts or omissions complained of which resulted in
14 actual damage to the person, along with the actual dollar
15 amount necessary to reimburse or compensate the person for
16 costs or expenses resulting from the acts or omissions of
17 which the person complained;
18 3. True copies of all purchase agreements, notices,
19 service or repair orders or papers or documents of any kind
20 whatsoever which the person received in connection with the
21 purchase, exchange, or lease-purchase of the mobile home or
22 recreational vehicle from which the person's cause of action
23 arises; and
24 4. Such other information as the department requires.
25 (c) The department may require such proof as it deems
26 necessary to document the matters set forth in the claim.
27 (7) Within 90 days after receipt of the application
28 and verified claim, the department shall issue its
29 determination on the claim. Such determination shall not be
30 subject to the provisions of chapter 120, but shall be
31 reviewable only by writ of certiorari in the circuit court in
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1 the county in which the claimant resides in the manner and
2 within the time provided by the Florida Rules of Appellate
3 Procedure. The claim must be paid within 45 days after the
4 determination, or, if judicial review is sought, within 45
5 days after the review becomes final. A person may not be paid
6 an amount from the fund in excess of $25,000 per mobile home
7 or recreational vehicle. Prior to payment, the person must
8 execute an assignment to the department of all the person's
9 rights and title to, and interest in, the unsatisfied judgment
10 and judgment lien or the claim against the dealer or broker
11 and its surety.
12 (8) The department, in its discretion and where
13 feasible, may try to recover from the mobile home or
14 recreational vehicle dealer or broker, or the judgment debtor
15 or its surety, all sums paid to persons from the Recreational
16 Vehicle Trust Fund. Any sums recovered shall be deposited to
17 the credit of such the trust fund. The department shall be
18 awarded a reasonable attorney's fee for all actions taken to
19 recover any sums paid to persons from such the trust fund
20 pursuant to this section.
21 (9) This section does not apply to any claim, and a
22 person may not recover against the Recreational Vehicle Trust
23 Fund as the result of any claim, against a mobile home or
24 recreational vehicle dealer or broker resulting from a cause
25 of action directly related to the sale, lease-purchase,
26 exchange, brokerage, or installation of a mobile home or
27 recreational vehicle prior to October 1, 1990.
28 (10) Neither the department, nor the Recreational
29 Vehicle Trust Fund shall be liable to any person for recovery
30 if the trust fund does not have the moneys necessary to pay
31 amounts claimed. If such the trust fund does not have
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1 sufficient assets to pay the claimant, it shall log the time
2 and date of its determination for payment to a claimant. If
3 moneys become available, the department shall pay the claimant
4 whose unpaid claim is the earliest by time and date of
5 determination.
6 Section 46. Section 320.822, Florida Statutes, is
7 amended to read:
8 320.822 Definitions; ss. 320.822-320.862.--In
9 construing ss. 320.822-320.862, unless the context otherwise
10 requires, the following words or phrases have the following
11 meanings:
12 (1) "Buyer" means a person who purchases at retail
13 from a dealer or manufacturer a mobile home or recreational
14 vehicle for his or her own use as a residence, or other
15 related use.
16 (2) "Code" means the appropriate standards found in:
17 (a) The Federal Manufactured Housing Construction and
18 Safety Standards for single-family mobile homes, promulgated
19 by the Department of Housing and Urban Development;
20 (a)(b) The Uniform Standards Code approved by the
21 American National Standards Institute, ANSI A-119.2 for
22 recreational vehicles and ANSI A-119.5 for park trailers or
23 the United States Department of Housing and Urban Development
24 standard for park trailers certified as meeting that standard;
25 or
26 (b)(c) The Mobile Home Repair and Remodeling Code and
27 Used Recreational Vehicle Code.
28 (3) "Construction" means the minimum requirements for
29 materials, products, equipment, and workmanship needed to
30 assure that the mobile home or recreational vehicle will
31 provide structural strength and rigidity; protection against
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1 corrosion, decay, and other similar destructive forces;
2 resistance to the elements; and durability and economy of
3 maintenance.
4 (4) "Institute" means the United States of America
5 Standards Institute.
6 (5) "Length," for purposes of transportation only,
7 means the distance from the extreme front of the mobile home
8 or recreational vehicle, to the extreme rear, including the
9 drawbar and coupling mechanism, but not including expandable
10 features that do not project from the body during
11 transportation.
12 (6) "Length of a mobile home" means the distance from
13 the exterior of the front wall (nearest to the drawbar and
14 coupling mechanism) to the exterior of the rear wall (at the
15 opposite end of the home) where such walls enclose living or
16 other interior space and such distance includes expandable
17 rooms but not bay windows, porches, drawbars, couplings,
18 hitches, wall and roof extensions, or other attachments.
19 (6)(7) "Licensee" means any person licensed or
20 required to be licensed under s. 320.8225.
21 (8) "Mobile home dealer" means any person engaged in
22 the business of buying, selling, or dealing in mobile homes or
23 offering or displaying mobile homes for sale. Any person who
24 buys, sells, or deals in one or more mobile homes in any
25 12-month period or who offers or displays for sale one or more
26 mobile homes in any 12-month period shall be prima facie
27 presumed to be engaged in the business of a mobile home
28 dealer. The terms "selling" and "sale" include lease-purchase
29 transactions. The term "mobile home dealer" does not include
30 a bank, credit union, or finance company that acquires mobile
31 homes as an incident to its regular business, does not include
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1 a mobile home rental or leasing company that sells mobile
2 homes to mobile home dealers licensed under s. 320.77, and
3 does not include persons who are selling their own mobile
4 homes.
5 (7)(9) "Recreational vehicle dealer" means any person
6 engaged in the business of buying, selling, or dealing in
7 recreational vehicles or offering or displaying recreational
8 vehicles for sale. The term "dealer" includes a recreational
9 vehicle broker. Any person who buys, sells, deals in, or
10 offers or displays for sale, or who acts as the agent for the
11 sale of, one or more recreational vehicles in any 12-month
12 period shall be prima facie presumed to be a dealer. The
13 terms "selling" and "sale" include lease-purchase
14 transactions. The term "dealer" does not include banks,
15 credit unions, and finance companies that acquire recreational
16 vehicles as an incident to their regular business and does not
17 include mobile home rental and leasing companies that sell
18 recreational vehicles to dealers licensed under s. 320.771.
19 (10) "Mobile home manufacturer" means any person,
20 resident or nonresident, who, as a trade or commerce,
21 manufactures or assembles mobile homes.
22 (8)(11) "Recreational vehicle manufacturer" means any
23 person, resident or nonresident, who, as a trade or commerce,
24 manufactures or assembles recreational vehicles or van-type
25 vehicles in such manner that they then qualify as recreational
26 vehicles, for sale in this state.
27 (9)(12) "Responsible party" means a manufacturer,
28 dealer, or supplier.
29 (10)(13) "Seal" or "label" means a device issued by
30 the department certifying that a mobile home or recreational
31 vehicle meets the appropriate code, which device is to be
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1 displayed on the exterior of the mobile home or recreational
2 vehicle.
3 (11)(14) "Setup" or "installation" means the
4 operations performed at the occupancy site which render a
5 mobile home or park trailer fit for habitation. Such
6 operations include, but are not limited to, transporting;
7 positioning; blocking; leveling, supporting, installing
8 foundation products, components, and systems; connecting
9 utility systems; making minor adjustments; or assembling
10 multiple or expandable units.
11 (12)(15) "Substantial defect" means:
12 (a) Any substantial deficiency or defect in materials
13 or workmanship occurring to a mobile home or recreational
14 vehicle which has been reasonably maintained and cared for in
15 normal use.
16 (b) Any structural element, utility system, or
17 component of the mobile home or recreational vehicle, which
18 fails to comply with the code.
19 (13)(16) "Supplier" means the original producer of
20 completed components, including refrigerators, stoves, hot
21 water heaters, dishwashers, cabinets, air conditioners,
22 heating units, and similar components, which are furnished to
23 a manufacturer or dealer for installation in the mobile home
24 or recreational vehicle prior to sale to a buyer.
25 (17) "Width of a mobile home" means the distance from
26 the exterior of one side wall to the exterior of the opposite
27 side wall where such walls enclose living or other interior
28 space and such distance includes expandable rooms but not bay
29 windows, porches, wall and roof extensions, or other
30 attachments.
31
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1 (14)(18) "Body size" of a park trailer, travel
2 trailer, or fifth-wheel trailer means the distance from the
3 exterior side or end to the opposite exterior side or end of
4 the body. Such distance includes expandable rooms, bay
5 windows, wall and roof extensions, or other extrusions in the
6 travel mode. The following exceptions apply:
7 (a) Travel trailers shall not exceed 320 square feet.
8 All square footage measurements are of the exterior when in
9 setup mode, including bay windows.
10 (b) Park trailers constructed to ANSI A-119.5 shall
11 not exceed 400 square feet. Park trailers constructed to the
12 United States Department of Housing and Urban Development
13 standard shall not exceed 500 square feet. All square footage
14 measurements are of the exterior when in setup mode and do not
15 include bay windows.
16 (c) Fifth-wheel trailers may not exceed 400 square
17 feet. All square footage measurements are of the exterior when
18 in setup mode, including bay windows.
19 Section 47. Section 320.8225, Florida Statutes, is
20 amended to read:
21 320.8225 Mobile home and Recreational vehicle
22 manufacturer's license.--
23 (1) LICENSE REQUIRED.--Any person who engages in the
24 business of a mobile home or recreational vehicle manufacturer
25 in this state, or who manufactures mobile homes or
26 recreational vehicles out of state which are ultimately
27 offered for sale in this state, shall obtain annually a
28 license for each factory location in this state and for each
29 factory location out of state which manufactures mobile homes
30 or recreational vehicles for sale in this state, prior to
31
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1 distributing mobile homes or recreational vehicles for sale in
2 this state.
3 (2) APPLICATION.--The application for a license shall
4 be in the form prescribed by the department and shall contain
5 sufficient information to disclose the identity, location, and
6 responsibility of the applicant. The application shall also
7 include a copy of the warranty and a complete statement of any
8 service agreement or policy to be utilized by the applicant,
9 any information relating to the applicant's solvency and
10 financial standing, and any other pertinent matter
11 commensurate with safeguarding the public. The department may
12 prescribe an abbreviated application for renewal of a license
13 if the licensee had previously filed an initial application
14 pursuant to this section. The application for renewal shall
15 include any information necessary to bring current the
16 information required in the initial application.
17 (3) FEES.--Upon making initial application, the
18 applicant shall pay to the department a fee of $300. Upon
19 making renewal application, the applicant shall pay to the
20 department a fee of $100. Any applicant for renewal who has
21 failed to submit his or her renewal application by October 1
22 shall pay a renewal application fee equal to the original
23 application fee. No fee is refundable. All fees shall be
24 deposited into the General Revenue Fund.
25 (4) NONRESIDENT.--Any person applying for a license
26 who is not a resident of this state shall have designated an
27 agent for service of process pursuant to s. 48.181.
28 (5) REQUIREMENT OF ASSURANCE.--
29 (a) Annually, prior to the receipt of a license to
30 manufacture mobile homes, the applicant or licensee shall
31 submit a surety bond, cash bond, or letter of credit from a
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1 financial institution, or a proper continuation certificate,
2 sufficient to assure satisfaction of claims against the
3 licensee for failure to comply with appropriate code
4 standards, failure to provide warranty service, or violation
5 of any provisions of this section. The amount of the surety
6 bond, cash bond, or letter of credit shall be $50,000. Only
7 one surety bond, cash bond, or letter of credit shall be
8 required for each manufacturer, regardless of the number of
9 factory locations. The surety bond, cash bond, or letter of
10 credit shall be to the department, in favor of any retail
11 customer who shall suffer loss arising out of noncompliance
12 with code standards or failure to honor or provide warranty
13 service. The department shall have the right to disapprove any
14 bond or letter of credit that does not provide assurance as
15 provided in this section.
16 (a)(b) Annually, prior to the receipt of a license to
17 manufacture recreational vehicles, the applicant or licensee
18 shall submit a surety bond, or a proper continuation
19 certificate, sufficient to assure satisfaction of claims
20 against the licensee for failure to comply with appropriate
21 code standards, failure to provide warranty service, or
22 violation of any provisions of this section. The amount of
23 the surety bond shall be $10,000 per year. The surety bond
24 shall be to the department, in favor of any retail customer
25 who shall suffer loss arising out of noncompliance with code
26 standards or failure to honor or provide warranty service. The
27 department shall have the right to disapprove any bond which
28 does not provide assurance as provided in this section.
29 (b)(c) The department shall adopt rules pursuant to
30 chapter 120 consistent with this section in providing
31 assurance of satisfaction of claims.
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1 (c)(d) The department shall, upon denial, suspension,
2 or revocation of any license, notify the surety company of the
3 licensee, in writing, that the license has been denied,
4 suspended, or revoked and shall state the reason for such
5 denial, suspension, or revocation.
6 (d)(e) Any surety company which pays any claim against
7 the bond of any licensee shall notify the department, in
8 writing, that it has paid such a claim and shall state the
9 amount of the claim.
10 (e)(f) Any surety company which cancels the bond of
11 any licensee shall notify the department, in writing, of such
12 cancellation, giving reason for the cancellation.
13 (6) LICENSE YEAR.--A license issued to a mobile home
14 or recreational vehicle manufacturer entitles the licensee to
15 conduct the business of a mobile home or recreational vehicle
16 manufacturer for a period of 1 year from October 1 preceding
17 the date of issuance.
18 (7) DENIAL OF LICENSE.--The department may deny a
19 mobile home or recreational vehicle manufacturer's license on
20 the ground that:
21 (a) The applicant has made a material misstatement in
22 his or her application for a license.
23 (b) The applicant has failed to comply with any
24 applicable provision of this chapter.
25 (c) The applicant has failed to provide warranty
26 service.
27 (d) The applicant or one or more of his or her
28 principals or agents has violated any law, rule, or regulation
29 relating to the manufacture or sale of mobile homes or
30 recreational vehicles.
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1 (e) The department has proof of unfitness of the
2 applicant.
3 (f) The applicant or licensee has engaged in previous
4 conduct in any state which would have been a ground for
5 revocation or suspension of a license in this state.
6 (g) The applicant or licensee has violated the code,
7 any of the provisions of the National Mobile Home Construction
8 and Safety Standards Act of 1974, or any rule or regulation of
9 the Department of Housing and Urban Development promulgated
10 under that act thereunder.
11
12 Upon denial of a license, the department shall notify the
13 applicant within 10 days, stating in writing its grounds for
14 denial. The applicant is entitled to a public hearing and may
15 request that such hearing be held within 45 days of denial of
16 the license. All proceedings shall be pursuant to chapter
17 120.
18 (8) REVOCATION OR SUSPENSION OF LICENSE.--The
19 department shall suspend or, in the case of a subsequent
20 offense, shall revoke any license upon a finding that the
21 licensee violated any provision of this chapter or any other
22 law of this state regarding the manufacture, warranty, or sale
23 of mobile homes or recreational vehicles. When any license
24 has been revoked or suspended by the department, it may be
25 reinstated if the department finds that the former licensee
26 has complied with all applicable requirements of this chapter
27 and an application for a license is refiled pursuant to this
28 section.
29 (9) CIVIL PENALTIES; PROCEDURE.--In addition to the
30 exercise of other powers provided in this section, the
31 department is authorized to assess, impose, levy, and collect
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1 by legal process a civil penalty, in an amount not to exceed
2 $1,000 for each violation, against any licensee if it finds
3 that a licensee has violated any provision of this section or
4 has violated any other law of this state having to do with
5 dealing in motor vehicles. Any licensee shall be entitled to
6 a hearing pursuant to chapter 120 should the licensee wish to
7 contest the fine levied, or about to be levied, upon him or
8 her.
9 Section 48. Section 320.823, Florida Statutes, is
10 repealed.
11 Section 49. Section 320.8232, Florida Statutes, is
12 amended to read:
13 320.8232 Establishment of uniform standards for used
14 recreational vehicles and repair and remodeling code for
15 mobile homes.--
16 (1) Each used recreational vehicle manufactured after
17 January 1, 1968, and sold or offered for sale in this state by
18 a dealer or manufacturer shall meet the standards of the Used
19 Recreational Vehicle Code. The provisions of said code shall
20 ensure safe and livable housing and shall not be more
21 stringent than those standards required to be met in the
22 manufacture of recreational vehicles. Such provisions shall
23 include, but not be limited to, standards for structural
24 adequacy, plumbing, heating, electrical systems, and fire and
25 life safety.
26 (2) The provisions of the repair and remodeling code
27 shall ensure safe and livable housing and shall not be more
28 stringent than those standards required to be met in the
29 manufacture of mobile homes. Such provisions shall include,
30 but not be limited to, standards for structural adequacy,
31
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1 plumbing, heating, electrical systems, and fire and life
2 safety.
3 Section 50. Section 320.824, Florida Statutes, is
4 amended to read:
5 320.824 Changes and modifications of standards.--
6 (1) The department may adopt by rule changes in, or
7 additions to, the standards adopted in s. 320.823 or s.
8 320.8231, which are approved and officially published by the
9 institute after July 1, 1967, or promulgated by the Department
10 of Housing and Urban Development after July 1, 1977 subsequent
11 to the effective date of this act.
12 (2) The department or its authorized agent may enter
13 any place or establishment where mobile homes are
14 manufactured, sold, or offered for sale, for the purpose of
15 ascertaining whether the requirements of the code and the
16 rules adopted by the department have been met.
17 Section 51. Section 320.8245, Florida Statutes, is
18 amended to read:
19 320.8245 Limitation of alteration or modification to
20 mobile homes or recreational vehicles.--
21 (1) LIMITATION OF ALTERATIONS OR MODIFICATIONS.--No
22 alteration or modification shall be made to a mobile home or
23 recreational vehicle by a licensed dealer after shipment from
24 the manufacturer's plant unless such alteration or
25 modification is authorized in this section.
26 (2) EFFECT ON MOBILE HOME WARRANTY.--Unless an
27 alteration or modification is performed by a qualified person
28 as defined in subsection (4), the warranty responsibility of
29 the manufacturer as to the altered or modified item shall be
30 void.
31
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1 (a) An alteration or modification performed by a
2 mobile home or recreational vehicle dealer or his or her agent
3 or employee shall place warranty responsibility for the
4 altered or modified item upon the dealer. If the manufacturer
5 fulfills, or is required to fulfill, the warranty on the
6 altered or modified item, he or she shall be entitled to
7 recover damages in the amount of his or her costs and
8 attorneys' fees from the dealer.
9 (b) An alteration or modification performed by a
10 mobile home or recreational vehicle owner or his or her agent
11 shall render the manufacturer's warranty as to that item void.
12 A statement shall be displayed clearly and conspicuously on
13 the face of the warranty that the warranty is void as to the
14 altered or modified item if the alteration or modification is
15 performed by other than a qualified person. Failure to
16 display such statement shall result in warranty responsibility
17 on the manufacturer.
18 (3) AUTHORITY OF THE DEPARTMENT.--The department is
19 authorized to promulgate rules and regulations pursuant to
20 chapter 120 which define the alterations or modifications
21 which must be made by qualified personnel. The department may
22 regulate only those alterations and modifications which
23 substantially impair the structural integrity or safety of the
24 mobile home.
25 (3)(4) DESIGNATION AS A QUALIFIED PERSON.--
26 (a) In order to be designated as a person qualified to
27 alter or modify a mobile home or recreational vehicle, a
28 person must comply with local or county licensing or
29 competency requirements in skills relevant to performing
30 alterations or modifications on mobile homes or recreational
31 vehicles.
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1 (b) When no local or county licensing or competency
2 requirements exist, the department may certify persons to
3 perform mobile home alterations or modifications. The
4 department shall by rule or regulation determine what skills
5 and competency requirements are requisite to the issuance of a
6 certification. A fee sufficient to cover the costs of issuing
7 certifications may be charged by the department. The
8 certification shall be valid for a period which terminates
9 when the county or other local governmental unit enacts
10 relevant competency or licensing requirements. The
11 certification shall be valid only in counties or localities
12 without licensing or competency requirements.
13 (c) The department shall determine which counties and
14 localities have licensing or competency requirements adequate
15 to eliminate the requirement of certification. This
16 determination shall be based on a review of the relevant
17 county or local standards for adequacy in regulating persons
18 who perform alterations or modifications to mobile homes. The
19 department shall find local or county standards adequate when
20 minimal licensing or competency standards are provided.
21 Section 52. Section 320.8249, Florida Statutes, is
22 repealed.
23 Section 53. Section 320.8251, Florida Statutes, is
24 repealed.
25 Section 54. Section 320.8255, Florida Statutes, is
26 repealed.
27 Section 55. Section 320.827, Florida Statutes, is
28 repealed.
29 Section 56. Section 320.8285, Florida Statutes, is
30 amended to read:
31 320.8285 Onsite inspection.--
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1 (1) Each county or municipality in this state shall be
2 responsible for the onsite inspection of each park trailer
3 mobile home installation located within the jurisdiction of
4 such entity. The onsite inspection shall ensure compliance
5 with the department's uniform installation standards set forth
6 in this chapter and in department rules.
7 (2) Each county or municipality may designate the
8 persons who are to perform the onsite inspection. If a county
9 or municipality does not so designate, the department shall
10 designate the persons who are to perform the onsite
11 inspection. A person may not be designated to perform onsite
12 inspections unless that person is competent in the area of
13 park trailer mobile home installation.
14 (3) The county or municipality issuing a permit for
15 the installation of a park trailer mobile home shall issue
16 such permit only to a licensed mobile home installer who is
17 licensed under section 14 of this act, or to a licensed mobile
18 home dealer who is licensed under section 6 of this act, or a
19 park trailer manufactured home owner if such the dealer or
20 owner demonstrates on the face of the application that such a
21 licensed mobile home installer will perform be performing the
22 actual work. In the case of issuance to an owner, the permit
23 must reflect the name and the license number of the licensed
24 installer performing the work.
25 (4) Pursuant to the onsite inspection, each park
26 trailer mobile home shall be issued a certificate of occupancy
27 if the park trailer installation mobile home complies with
28 department rules regarding the installation of park trailers
29 mobile homes.
30 (5) Fees for onsite inspections and certificates of
31 occupancy of park trailers mobile homes shall be reasonable
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1 for the services performed. A guideline for fee schedules
2 shall be issued by the department.
3 (6) The Department of Highway Safety and Motor
4 Vehicles shall enforce every provision of this section and the
5 rules adopted pursuant hereto, except that local land use and
6 zoning requirements, fire zones, building setback and side and
7 rear yard requirements, site development and property line
8 requirements, subdivision control, and onsite installation
9 inspection requirements, as well as review and regulation of
10 architectural and aesthetic requirements, are hereby
11 specifically and entirely reserved to local jurisdictions.
12 However, any architectural or aesthetic requirement imposed on
13 the park trailer mobile home structure itself may pertain only
14 to roofing and siding materials. Such local requirements and
15 regulations for park trailers manufactured homes must be
16 reasonable, uniformly applied, and enforced without
17 distinctions as to whether such housing is manufactured,
18 located in a mobile home park or a mobile home subdivision, or
19 built in a conventional manner. No local jurisdiction shall
20 prohibit siting or resiting of used park trailers mobile homes
21 based solely on the date the unit was manufactured.
22 (7) Park trailers are subject to inspection in the
23 same manner as are mobile homes pursuant to this section.
24 Section 57. Section 320.830, Florida Statutes, is
25 repealed.
26 Section 58. Section 320.831, is amended to read:
27 320.831 Penalties.--
28 (1) Whoever violates a any provision of the National
29 Mobile Home Construction and Safety Standards Act of 1974, 42
30 U.S.C. ss. 5401 et seq., or a rule, regulation any rules,
31 regulations, or final order issued under such act is
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1 thereunder shall be liable for a civil penalty not to exceed
2 $1,000 for each such violation. Each violation of such a
3 provision constitutes of the act or any rule, regulation, or
4 order issued thereunder shall constitute a separate violation
5 with respect to each mobile home or with respect to each
6 failure or refusal to allow or perform an act required by the
7 provision. thereby, except that The maximum civil penalty may
8 not exceed $1 million for any related series of violations
9 occurring within 1 year from the date of the first violation.
10 (2) Any individual, or a director, officer, or agent
11 of a corporation, who knowingly and willfully violates the
12 provisions of s. 610 of the National Mobile Home Construction
13 and Safety Standards Act of 1974 in a manner which threatens
14 the health or safety of any purchaser is guilty of a
15 misdemeanor of the first degree, punishable as provided in s.
16 775.082 or s. 775.083.
17 (3) Any manufacturer, dealer, or inspector who
18 violates or fails to comply with a provision of any of the
19 provisions of ss. 320.822-320.862 or any of the rules adopted
20 by the department commits is guilty of a misdemeanor of the
21 first degree, punishable as provided in s. 775.082 or s.
22 775.083, provided such violation is not also a violation of
23 the National Mobile Home Construction and Safety Standards Act
24 of 1974 or any rule, regulation, or final order issued
25 thereunder.
26 Section 59. Section 320.8325, Florida Statutes, is
27 amended to read:
28 320.8325 Mobile homes, manufactured homes, and Park
29 trailers; uniform installation standards; injunctions;
30 penalty.--
31
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1 (1) The department shall adopt rules setting forth
2 uniform standards for the installation of mobile homes,
3 manufactured homes, and park trailers and for the manufacture
4 of components, products, or systems used in the installation
5 of mobile homes, manufactured homes, and park trailers. The
6 rules shall ensure that the home or park trailer is installed
7 on a permanent foundation that resists wind, flood, flotation,
8 overturning, sliding, and lateral movement of the home or park
9 trailer. No entity, other than the department, has authority
10 to amend these uniform standards. The owner of the mobile
11 home, manufactured home, or park trailer shall be responsible
12 for the installation in accordance with department rules.
13 (2)(a) Persons licensed in this state to engage in the
14 business of insuring mobile homes, manufactured homes, or park
15 trailers that are subject to the provisions of this section
16 against damage from windstorm shall issue such insurance only
17 if the mobile home, manufactured home, or park trailer has
18 been installed in accordance with the requirements of this
19 chapter and department rules.
20 (b) If a mobile home, manufactured home, or park
21 trailer is insured against damage caused by windstorm and
22 subsequently sustains windstorm damage of a nature that
23 indicates that the mobile home, manufactured home, or park
24 trailer was not installed in the manner required by this
25 chapter and department rules, the person issuing the policy
26 shall not be relieved from meeting the obligations specified
27 in the insurance policy with respect to such damage on the
28 basis that the mobile home or park trailer was not properly
29 installed.
30 (3) If Whenever a person or entity that engages in
31 this state in the business of park trailer manufactured
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1 housing installation or in the business of manufacturing
2 components, products, or systems used in the installation of
3 park trailers, in this state and does so in a manner that is
4 not in accordance with the uniform standards set forth by the
5 department, a person or entity aggrieved thereby may bring an
6 action in the appropriate court for actual damages. In
7 addition, the court may provide appropriate equitable relief,
8 including the enjoining of a violator from engaging in the
9 business or from committing engaging in further violations. If
10 Whenever it is established to the satisfaction of the court
11 finds that a willful violation has occurred, the court shall
12 award punitive damages to the aggrieved party. The losing
13 party may be liable for court costs and reasonable attorney's
14 fees incurred by the prevailing party.
15 (4) In addition to other penalties provided in this
16 section, the department or the state attorneys and their
17 assistants are authorized to apply to the circuit courts
18 within their respective jurisdictions, and such courts shall
19 have jurisdiction, upon hearing and for cause shown, to grant
20 temporary or permanent injunctions restraining any person or
21 entity engaging in the business of park trailer manufactured
22 housing installation or in the business or, the manufacturing
23 of components, products, or systems used in the installation
24 of park trailers from installing such trailers homes or
25 manufacturing or selling such components, products, or systems
26 in a manner not in accordance with the uniform standards set
27 forth by the department or restraining any persons in the
28 business of installing such components, products, or systems
29 from using devices that do not meet the uniform standards set
30 forth by the department or from installing such components,
31 products, or systems in a manner not in accordance with the
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1 uniform standards set forth by the department, whether or not
2 there exists an adequate remedy at law, and such injunctions
3 shall issue without bond.
4 (5) This section applies only to a mobile home,
5 manufactured home, or park trailer that is being used as a
6 dwelling place and that is located on a particular location
7 for a period of time exceeding 14 days, for a mobile or
8 manufactured home, or 45 days, for a park trailer.
9 (6) For the purposes of this section, the definitions
10 set forth in s. 320.822 apply.
11 Section 60. Section 320.8335, Florida Statutes, is
12 repealed.
13 Section 61. Section 320.834, Florida Statutes, is
14 repealed.
15 Section 62. Section 320.835, Florida Statutes, is
16 amended to read:
17 320.835 New Mobile home and recreational vehicle
18 warranties.--Each manufacturer, dealer, installer, and
19 supplier of mobile homes or recreational vehicles shall
20 warrant each new mobile home or recreational vehicle sold in
21 this state and the setup of each such mobile home, in
22 accordance with the warranty requirements prescribed by this
23 section, for a period of at least 12 months, measured from the
24 date of delivery of the mobile home to the buyer or the date
25 of sale of the recreational vehicle in the case of a
26 manufacturer or dealer, or from the date of receipt of a
27 certificate of occupancy in the case of an installer. The
28 warranty requirements of each manufacturer, dealer, installer,
29 and supplier of such mobile homes or recreational vehicles are
30 as follows:
31 (1) The manufacturer warrants:
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1 (a) For a mobile home or recreational vehicle, that
2 all structural elements; plumbing systems; heating, cooling,
3 and fuel-burning systems; electrical systems; fire prevention
4 systems; and any other components or conditions included by
5 the manufacturer are free from substantial defect.
6 (b) That 100-ampere electrical service exists in the
7 mobile home.
8 (2) The dealer warrants:
9 (a) that any modifications or alterations made to the
10 mobile home or recreational vehicle by the dealer or
11 authorized by the dealer shall be free from substantial
12 defect. Alterations or modifications made by a dealer shall
13 relieve the manufacturer of warranty responsibility only as to
14 the item altered or modified.
15 (b) That setup operations performed on the mobile home
16 are performed in compliance with s. 320.8325.
17 (c) That substantial defects do not occur to the
18 mobile home during setup or by transporting it to the
19 occupancy site.
20
21 When the setup of a mobile home is performed by a person who
22 is not an employee or agent of the mobile home manufacturer or
23 dealer and is not compensated or authorized by, or connected
24 with, such manufacturer or dealer, then the warranty
25 responsibility of the manufacturer or dealer as to setup shall
26 be limited to transporting the mobile home to the occupancy
27 site free from substantial defect.
28 (3) The installer warrants that the setup operations
29 performed on the mobile home are performed in compliance with
30 s. 320.8325 and department rules governing the installation.
31
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1 (3)(4) The supplier warrants that any warranties
2 generally offered in the ordinary sale of his or her product
3 to consumers shall be extended to buyers of mobile homes and
4 recreational vehicles. When no warranty is extended by
5 suppliers, the manufacturer shall assume warranty
6 responsibility for that component.
7 (5) The department may adopt rules under chapter 120
8 to resolve disputes that may arise among the mobile home
9 manufacturer, dealer, installer, or supplier. Those rules must
10 comply with the dispute resolution process as set forth in the
11 federal Manufactured Housing Improvement Act.
12 Section 63. Section 320.840, Florida Statutes, is
13 repealed.
14 Section 64. Section 320.865, Florida Statutes, is
15 amended to read:
16 320.865 Maintenance of records by the
17 department.--Beginning December 1, 2001, the department shall
18 maintain electronic records of all complaints filed against
19 licensees licensed under the provisions of ss. 320.27, 320.61,
20 320.77, 320.771, and 320.8225, any other provision of this
21 chapter to the contrary notwithstanding. The records shall
22 contain all enforcement actions taken against licensees and
23 against unlicensed persons acting in a capacity which would
24 require them to be licensed under those sections. The
25 electronic file of each licensee and unlicensed person shall
26 contain a record of any complaints filed against him or her
27 and a record of any enforcement actions taken against him or
28 her. The complainant and the referring agency, if there is
29 one, shall be advised of the disposition by the department of
30 the complaint within 10 days of such action.
31
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1 Section 65. Subsection (1) of section 553.415, Florida
2 Statutes, is amended to read:
3 553.415 Factory-built school buildings.--
4 (1) It is the purpose of this section to provide an
5 alternative procedure for the construction and installation of
6 factory-built school buildings designed or intended for use as
7 school buildings. As used in this section, the term
8 "factory-built school building" means any building designed or
9 intended for use as a school building, which is in whole or in
10 part, manufactured at an offsite facility in compliance with
11 the State Uniform Code for Public Educational Facilities and
12 Department of Education rule, effective on January 5, 2000.
13 After March 1, 2002, the Uniform Code for Public Educational
14 Facilities shall be incorporated into the Florida Building
15 Code, including specific requirements for Public Educational
16 Facilities and the Department of Education rule, effective on
17 January 5, 2000. For the purpose of this section,
18 factory-built school buildings include prefabricated
19 educational facilities, factory-built educational facilities,
20 and modular-built educational facilities, that are designed to
21 be portable, relocatable, demountable, or reconstructible; are
22 used primarily as classrooms or the components of an entire
23 school; and do not fall under the provisions of ss.
24 320.822-320.862 or sections 8-33 of this act.
25 Section 66. Paragraph (b) of subsection (2) of section
26 627.351, Florida Statutes, is amended to read:
27 627.351 Insurance risk apportionment plans.--
28 (2) WINDSTORM INSURANCE RISK APPORTIONMENT.--
29 (b) The department shall require all insurers holding
30 a certificate of authority to transact property insurance on a
31 direct basis in this state, other than joint underwriting
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1 associations and other entities formed pursuant to this
2 section, to provide windstorm coverage to applicants from
3 areas determined to be eligible pursuant to paragraph (c) who
4 in good faith are entitled to, but are unable to procure, such
5 coverage through ordinary means; or it shall adopt a
6 reasonable plan or plans for the equitable apportionment or
7 sharing among such insurers of windstorm coverage, which may
8 include formation of an association for this purpose. As used
9 in this subsection, the term "property insurance" means
10 insurance on real or personal property, as defined in s.
11 624.604, including insurance for fire, industrial fire, allied
12 lines, farmowners multiperil, homeowners' multiperil,
13 commercial multiperil, and mobile homes, and including
14 liability coverages on all such insurance, but excluding
15 inland marine as defined in s. 624.607(3) and excluding
16 vehicle insurance as defined in s. 624.605(1)(a) other than
17 insurance on mobile homes used as permanent dwellings. The
18 department shall adopt rules that provide a formula for the
19 recovery and repayment of any deferred assessments.
20 1. For the purpose of this section, properties
21 eligible for such windstorm coverage are defined as dwellings,
22 buildings, and other structures, including mobile homes which
23 are used as dwellings and which are tied down in compliance
24 with mobile home tie-down requirements prescribed by the
25 Department of Community Affairs Highway Safety and Motor
26 Vehicles pursuant to section 22 of this act s. 320.8325, and
27 the contents of all such properties. An applicant or
28 policyholder is eligible for coverage only if an offer of
29 coverage cannot be obtained by or for the applicant or
30 policyholder from an admitted insurer at approved rates.
31
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1 2.a.(I) All insurers required to be members of such
2 association shall participate in its writings, expenses, and
3 losses. Surplus of the association shall be retained for the
4 payment of claims and shall not be distributed to the member
5 insurers. Such participation by member insurers shall be in
6 the proportion that the net direct premiums of each member
7 insurer written for property insurance in this state during
8 the preceding calendar year bear to the aggregate net direct
9 premiums for property insurance of all member insurers, as
10 reduced by any credits for voluntary writings, in this state
11 during the preceding calendar year. For the purposes of this
12 subsection, the term "net direct premiums" means direct
13 written premiums for property insurance, reduced by premium
14 for liability coverage and for the following if included in
15 allied lines: rain and hail on growing crops; livestock;
16 association direct premiums booked; National Flood Insurance
17 Program direct premiums; and similar deductions specifically
18 authorized by the plan of operation and approved by the
19 department. A member's participation shall begin on the first
20 day of the calendar year following the year in which it is
21 issued a certificate of authority to transact property
22 insurance in the state and shall terminate 1 year after the
23 end of the calendar year during which it no longer holds a
24 certificate of authority to transact property insurance in the
25 state. The commissioner, after review of annual statements,
26 other reports, and any other statistics that the commissioner
27 deems necessary, shall certify to the association the
28 aggregate direct premiums written for property insurance in
29 this state by all member insurers.
30 (II) Effective July 1, 2002, the association shall
31 operate subject to the supervision and approval of a board of
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1 governors who are the same individuals that have been
2 appointed by the Treasurer to serve on the board of governors
3 of the Citizens Property Insurance Corporation.
4 (III) The plan of operation shall provide a formula
5 whereby a company voluntarily providing windstorm coverage in
6 affected areas will be relieved wholly or partially from
7 apportionment of a regular assessment pursuant to
8 sub-sub-subparagraph d.(I) or sub-sub-subparagraph d.(II).
9 (IV) A company which is a member of a group of
10 companies under common management may elect to have its
11 credits applied on a group basis, and any company or group may
12 elect to have its credits applied to any other company or
13 group.
14 (V) There shall be no credits or relief from
15 apportionment to a company for emergency assessments collected
16 from its policyholders under sub-sub-subparagraph d.(III).
17 (VI) The plan of operation may also provide for the
18 award of credits, for a period not to exceed 3 years, from a
19 regular assessment pursuant to sub-sub-subparagraph d.(I) or
20 sub-sub-subparagraph d.(II) as an incentive for taking
21 policies out of the Residential Property and Casualty Joint
22 Underwriting Association. In order to qualify for the
23 exemption under this sub-sub-subparagraph, the take-out plan
24 must provide that at least 40 percent of the policies removed
25 from the Residential Property and Casualty Joint Underwriting
26 Association cover risks located in Dade, Broward, and Palm
27 Beach Counties or at least 30 percent of the policies so
28 removed cover risks located in Dade, Broward, and Palm Beach
29 Counties and an additional 50 percent of the policies so
30 removed cover risks located in other coastal counties, and
31 must also provide that no more than 15 percent of the policies
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1 so removed may exclude windstorm coverage. With the approval
2 of the department, the association may waive these geographic
3 criteria for a take-out plan that removes at least the lesser
4 of 100,000 Residential Property and Casualty Joint
5 Underwriting Association policies or 15 percent of the total
6 number of Residential Property and Casualty Joint Underwriting
7 Association policies, provided the governing board of the
8 Residential Property and Casualty Joint Underwriting
9 Association certifies that the take-out plan will materially
10 reduce the Residential Property and Casualty Joint
11 Underwriting Association's 100-year probable maximum loss from
12 hurricanes. With the approval of the department, the board
13 may extend such credits for an additional year if the insurer
14 guarantees an additional year of renewability for all policies
15 removed from the Residential Property and Casualty Joint
16 Underwriting Association, or for 2 additional years if the
17 insurer guarantees 2 additional years of renewability for all
18 policies removed from the Residential Property and Casualty
19 Joint Underwriting Association.
20 b. Assessments to pay deficits in the association
21 under this subparagraph shall be included as an appropriate
22 factor in the making of rates as provided in s. 627.3512.
23 c. The Legislature finds that the potential for
24 unlimited deficit assessments under this subparagraph may
25 induce insurers to attempt to reduce their writings in the
26 voluntary market, and that such actions would worsen the
27 availability problems that the association was created to
28 remedy. It is the intent of the Legislature that insurers
29 remain fully responsible for paying regular assessments and
30 collecting emergency assessments for any deficits of the
31 association; however, it is also the intent of the Legislature
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1 to provide a means by which assessment liabilities may be
2 amortized over a period of years.
3 d.(I) When the deficit incurred in a particular
4 calendar year is 10 percent or less of the aggregate statewide
5 direct written premium for property insurance for the prior
6 calendar year for all member insurers, the association shall
7 levy an assessment on member insurers in an amount equal to
8 the deficit.
9 (II) When the deficit incurred in a particular
10 calendar year exceeds 10 percent of the aggregate statewide
11 direct written premium for property insurance for the prior
12 calendar year for all member insurers, the association shall
13 levy an assessment on member insurers in an amount equal to
14 the greater of 10 percent of the deficit or 10 percent of the
15 aggregate statewide direct written premium for property
16 insurance for the prior calendar year for member insurers. Any
17 remaining deficit shall be recovered through emergency
18 assessments under sub-sub-subparagraph (III).
19 (III) Upon a determination by the board of directors
20 that a deficit exceeds the amount that will be recovered
21 through regular assessments on member insurers, pursuant to
22 sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the
23 board shall levy, after verification by the department,
24 emergency assessments to be collected by member insurers and
25 by underwriting associations created pursuant to this section
26 which write property insurance, upon issuance or renewal of
27 property insurance policies other than National Flood
28 Insurance policies in the year or years following levy of the
29 regular assessments. The amount of the emergency assessment
30 collected in a particular year shall be a uniform percentage
31 of that year's direct written premium for property insurance
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1 for all member insurers and underwriting associations,
2 excluding National Flood Insurance policy premiums, as
3 annually determined by the board and verified by the
4 department. The department shall verify the arithmetic
5 calculations involved in the board's determination within 30
6 days after receipt of the information on which the
7 determination was based. Notwithstanding any other provision
8 of law, each member insurer and each underwriting association
9 created pursuant to this section shall collect emergency
10 assessments from its policyholders without such obligation
11 being affected by any credit, limitation, exemption, or
12 deferment. The emergency assessments so collected shall be
13 transferred directly to the association on a periodic basis as
14 determined by the association. The aggregate amount of
15 emergency assessments levied under this sub-sub-subparagraph
16 in any calendar year may not exceed the greater of 10 percent
17 of the amount needed to cover the original deficit, plus
18 interest, fees, commissions, required reserves, and other
19 costs associated with financing of the original deficit, or 10
20 percent of the aggregate statewide direct written premium for
21 property insurance written by member insurers and underwriting
22 associations for the prior year, plus interest, fees,
23 commissions, required reserves, and other costs associated
24 with financing the original deficit. The board may pledge the
25 proceeds of the emergency assessments under this
26 sub-sub-subparagraph as the source of revenue for bonds, to
27 retire any other debt incurred as a result of the deficit or
28 events giving rise to the deficit, or in any other way that
29 the board determines will efficiently recover the deficit. The
30 emergency assessments under this sub-sub-subparagraph shall
31 continue as long as any bonds issued or other indebtedness
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1 incurred with respect to a deficit for which the assessment
2 was imposed remain outstanding, unless adequate provision has
3 been made for the payment of such bonds or other indebtedness
4 pursuant to the document governing such bonds or other
5 indebtedness. Emergency assessments collected under this
6 sub-sub-subparagraph are not part of an insurer's rates, are
7 not premium, and are not subject to premium tax, fees, or
8 commissions; however, failure to pay the emergency assessment
9 shall be treated as failure to pay premium.
10 (IV) Each member insurer's share of the total regular
11 assessments under sub-sub-subparagraph (I) or
12 sub-sub-subparagraph (II) shall be in the proportion that the
13 insurer's net direct premium for property insurance in this
14 state, for the year preceding the assessment bears to the
15 aggregate statewide net direct premium for property insurance
16 of all member insurers, as reduced by any credits for
17 voluntary writings for that year.
18 (V) If regular deficit assessments are made under
19 sub-sub-subparagraph (I) or sub-sub-subparagraph (II), or by
20 the Residential Property and Casualty Joint Underwriting
21 Association under sub-subparagraph (6)(b)3.a. or
22 sub-subparagraph (6)(b)3.b., the association shall levy upon
23 the association's policyholders, as part of its next rate
24 filing, or by a separate rate filing solely for this purpose,
25 a market equalization surcharge in a percentage equal to the
26 total amount of such regular assessments divided by the
27 aggregate statewide direct written premium for property
28 insurance for member insurers for the prior calendar year.
29 Market equalization surcharges under this sub-sub-subparagraph
30 are not considered premium and are not subject to commissions,
31 fees, or premium taxes; however, failure to pay a market
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1 equalization surcharge shall be treated as failure to pay
2 premium.
3 e. The governing body of any unit of local government,
4 any residents of which are insured under the plan, may issue
5 bonds as defined in s. 125.013 or s. 166.101 to fund an
6 assistance program, in conjunction with the association, for
7 the purpose of defraying deficits of the association. In order
8 to avoid needless and indiscriminate proliferation,
9 duplication, and fragmentation of such assistance programs,
10 any unit of local government, any residents of which are
11 insured by the association, may provide for the payment of
12 losses, regardless of whether or not the losses occurred
13 within or outside of the territorial jurisdiction of the local
14 government. Revenue bonds may not be issued until validated
15 pursuant to chapter 75, unless a state of emergency is
16 declared by executive order or proclamation of the Governor
17 pursuant to s. 252.36 making such findings as are necessary to
18 determine that it is in the best interests of, and necessary
19 for, the protection of the public health, safety, and general
20 welfare of residents of this state and the protection and
21 preservation of the economic stability of insurers operating
22 in this state, and declaring it an essential public purpose to
23 permit certain municipalities or counties to issue bonds as
24 will provide relief to claimants and policyholders of the
25 association and insurers responsible for apportionment of plan
26 losses. Any such unit of local government may enter into such
27 contracts with the association and with any other entity
28 created pursuant to this subsection as are necessary to carry
29 out this paragraph. Any bonds issued under this
30 sub-subparagraph shall be payable from and secured by moneys
31 received by the association from assessments under this
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1 subparagraph, and assigned and pledged to or on behalf of the
2 unit of local government for the benefit of the holders of
3 such bonds. The funds, credit, property, and taxing power of
4 the state or of the unit of local government shall not be
5 pledged for the payment of such bonds. If any of the bonds
6 remain unsold 60 days after issuance, the department shall
7 require all insurers subject to assessment to purchase the
8 bonds, which shall be treated as admitted assets; each insurer
9 shall be required to purchase that percentage of the unsold
10 portion of the bond issue that equals the insurer's relative
11 share of assessment liability under this subsection. An
12 insurer shall not be required to purchase the bonds to the
13 extent that the department determines that the purchase would
14 endanger or impair the solvency of the insurer. The authority
15 granted by this sub-subparagraph is additional to any bonding
16 authority granted by subparagraph 6.
17 3. The plan shall also provide that any member with a
18 surplus as to policyholders of $20 million or less writing 25
19 percent or more of its total countrywide property insurance
20 premiums in this state may petition the department, within the
21 first 90 days of each calendar year, to qualify as a limited
22 apportionment company. The apportionment of such a member
23 company in any calendar year for which it is qualified shall
24 not exceed its gross participation, which shall not be
25 affected by the formula for voluntary writings. In no event
26 shall a limited apportionment company be required to
27 participate in any apportionment of losses pursuant to
28 sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II)
29 in the aggregate which exceeds $50 million after payment of
30 available plan funds in any calendar year. However, a limited
31 apportionment company shall collect from its policyholders any
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1 emergency assessment imposed under sub-sub-subparagraph
2 2.d.(III). The plan shall provide that, if the department
3 determines that any regular assessment will result in an
4 impairment of the surplus of a limited apportionment company,
5 the department may direct that all or part of such assessment
6 be deferred. However, there shall be no limitation or
7 deferment of an emergency assessment to be collected from
8 policyholders under sub-sub-subparagraph 2.d.(III).
9 4. The plan shall provide for the deferment, in whole
10 or in part, of a regular assessment of a member insurer under
11 sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II),
12 but not for an emergency assessment collected from
13 policyholders under sub-sub-subparagraph 2.d.(III), if, in the
14 opinion of the commissioner, payment of such regular
15 assessment would endanger or impair the solvency of the member
16 insurer. In the event a regular assessment against a member
17 insurer is deferred in whole or in part, the amount by which
18 such assessment is deferred may be assessed against the other
19 member insurers in a manner consistent with the basis for
20 assessments set forth in sub-sub-subparagraph 2.d.(I) or
21 sub-sub-subparagraph 2.d.(II).
22 5.a. The plan of operation may include deductibles and
23 rules for classification of risks and rate modifications
24 consistent with the objective of providing and maintaining
25 funds sufficient to pay catastrophe losses.
26 b. The association may require arbitration of a rate
27 filing under s. 627.062(6). It is the intent of the
28 Legislature that the rates for coverage provided by the
29 association be actuarially sound and not competitive with
30 approved rates charged in the admitted voluntary market such
31 that the association functions as a residual market mechanism
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1 to provide insurance only when the insurance cannot be
2 procured in the voluntary market. The plan of operation shall
3 provide a mechanism to assure that, beginning no later than
4 January 1, 1999, the rates charged by the association for each
5 line of business are reflective of approved rates in the
6 voluntary market for hurricane coverage for each line of
7 business in the various areas eligible for association
8 coverage.
9 c. The association shall provide for windstorm
10 coverage on residential properties in limits up to $10 million
11 for commercial lines residential risks and up to $1 million
12 for personal lines residential risks. If coverage with the
13 association is sought for a residential risk valued in excess
14 of these limits, coverage shall be available to the risk up to
15 the replacement cost or actual cash value of the property, at
16 the option of the insured, if coverage for the risk cannot be
17 located in the authorized market. The association must accept
18 a commercial lines residential risk with limits above $10
19 million or a personal lines residential risk with limits above
20 $1 million if coverage is not available in the authorized
21 market. The association may write coverage above the limits
22 specified in this subparagraph with or without facultative or
23 other reinsurance coverage, as the association determines
24 appropriate.
25 d. The plan of operation must provide objective
26 criteria and procedures, approved by the department, to be
27 uniformly applied for all applicants in determining whether an
28 individual risk is so hazardous as to be uninsurable. In
29 making this determination and in establishing the criteria and
30 procedures, the following shall be considered:
31
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1 (I) Whether the likelihood of a loss for the
2 individual risk is substantially higher than for other risks
3 of the same class; and
4 (II) Whether the uncertainty associated with the
5 individual risk is such that an appropriate premium cannot be
6 determined.
7
8 The acceptance or rejection of a risk by the association
9 pursuant to such criteria and procedures must be construed as
10 the private placement of insurance, and the provisions of
11 chapter 120 do not apply.
12 e. If the risk accepts an offer of coverage through
13 the market assistance program or through a mechanism
14 established by the association, either before the policy is
15 issued by the association or during the first 30 days of
16 coverage by the association, and the producing agent who
17 submitted the application to the association is not currently
18 appointed by the insurer, the insurer shall:
19 (I) Pay to the producing agent of record of the
20 policy, for the first year, an amount that is the greater of
21 the insurer's usual and customary commission for the type of
22 policy written or a fee equal to the usual and customary
23 commission of the association; or
24 (II) Offer to allow the producing agent of record of
25 the policy to continue servicing the policy for a period of
26 not less than 1 year and offer to pay the agent the greater of
27 the insurer's or the association's usual and customary
28 commission for the type of policy written.
29
30 If the producing agent is unwilling or unable to accept
31 appointment, the new insurer shall pay the agent in accordance
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1 with sub-sub-subparagraph (I). Subject to the provisions of s.
2 627.3517, the policies issued by the association must provide
3 that if the association obtains an offer from an authorized
4 insurer to cover the risk at its approved rates under either a
5 standard policy including wind coverage or, if consistent with
6 the insurer's underwriting rules as filed with the department,
7 a basic policy including wind coverage, the risk is no longer
8 eligible for coverage through the association. Upon
9 termination of eligibility, the association shall provide
10 written notice to the policyholder and agent of record stating
11 that the association policy must be canceled as of 60 days
12 after the date of the notice because of the offer of coverage
13 from an authorized insurer. Other provisions of the insurance
14 code relating to cancellation and notice of cancellation do
15 not apply to actions under this sub-subparagraph.
16 f. When the association enters into a contractual
17 agreement for a take-out plan, the producing agent of record
18 of the association policy is entitled to retain any unearned
19 commission on the policy, and the insurer shall:
20 (I) Pay to the producing agent of record of the
21 association policy, for the first year, an amount that is the
22 greater of the insurer's usual and customary commission for
23 the type of policy written or a fee equal to the usual and
24 customary commission of the association; or
25 (II) Offer to allow the producing agent of record of
26 the association policy to continue servicing the policy for a
27 period of not less than 1 year and offer to pay the agent the
28 greater of the insurer's or the association's usual and
29 customary commission for the type of policy written.
30
31
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1 If the producing agent is unwilling or unable to accept
2 appointment, the new insurer shall pay the agent in accordance
3 with sub-sub-subparagraph (I).
4 6.a. The plan of operation may authorize the formation
5 of a private nonprofit corporation, a private nonprofit
6 unincorporated association, a partnership, a trust, a limited
7 liability company, or a nonprofit mutual company which may be
8 empowered, among other things, to borrow money by issuing
9 bonds or by incurring other indebtedness and to accumulate
10 reserves or funds to be used for the payment of insured
11 catastrophe losses. The plan may authorize all actions
12 necessary to facilitate the issuance of bonds, including the
13 pledging of assessments or other revenues.
14 b. Any entity created under this subsection, or any
15 entity formed for the purposes of this subsection, may sue and
16 be sued, may borrow money; issue bonds, notes, or debt
17 instruments; pledge or sell assessments, market equalization
18 surcharges and other surcharges, rights, premiums, contractual
19 rights, projected recoveries from the Florida Hurricane
20 Catastrophe Fund, other reinsurance recoverables, and other
21 assets as security for such bonds, notes, or debt instruments;
22 enter into any contracts or agreements necessary or proper to
23 accomplish such borrowings; and take other actions necessary
24 to carry out the purposes of this subsection. The association
25 may issue bonds or incur other indebtedness, or have bonds
26 issued on its behalf by a unit of local government pursuant to
27 subparagraph (6)(g)2., in the absence of a hurricane or other
28 weather-related event, upon a determination by the association
29 subject to approval by the department that such action would
30 enable it to efficiently meet the financial obligations of the
31 association and that such financings are reasonably necessary
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1 to effectuate the requirements of this subsection. Any such
2 entity may accumulate reserves and retain surpluses as of the
3 end of any association year to provide for the payment of
4 losses incurred by the association during that year or any
5 future year. The association shall incorporate and continue
6 the plan of operation and articles of agreement in effect on
7 the effective date of chapter 76-96, Laws of Florida, to the
8 extent that it is not inconsistent with chapter 76-96, and as
9 subsequently modified consistent with chapter 76-96. The board
10 of directors and officers currently serving shall continue to
11 serve until their successors are duly qualified as provided
12 under the plan. The assets and obligations of the plan in
13 effect immediately prior to the effective date of chapter
14 76-96 shall be construed to be the assets and obligations of
15 the successor plan created herein.
16 c. In recognition of s. 10, Art. I of the State
17 Constitution, prohibiting the impairment of obligations of
18 contracts, it is the intent of the Legislature that no action
19 be taken whose purpose is to impair any bond indenture or
20 financing agreement or any revenue source committed by
21 contract to such bond or other indebtedness issued or incurred
22 by the association or any other entity created under this
23 subsection.
24 7. On such coverage, an agent's remuneration shall be
25 that amount of money payable to the agent by the terms of his
26 or her contract with the company with which the business is
27 placed. However, no commission will be paid on that portion of
28 the premium which is in excess of the standard premium of that
29 company.
30 8. Subject to approval by the department, the
31 association may establish different eligibility requirements
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1 and operational procedures for any line or type of coverage
2 for any specified eligible area or portion of an eligible area
3 if the board determines that such changes to the eligibility
4 requirements and operational procedures are justified due to
5 the voluntary market being sufficiently stable and competitive
6 in such area or for such line or type of coverage and that
7 consumers who, in good faith, are unable to obtain insurance
8 through the voluntary market through ordinary methods would
9 continue to have access to coverage from the association. When
10 coverage is sought in connection with a real property
11 transfer, such requirements and procedures shall not provide
12 for an effective date of coverage later than the date of the
13 closing of the transfer as established by the transferor, the
14 transferee, and, if applicable, the lender.
15 9. Notwithstanding any other provision of law:
16 a. The pledge or sale of, the lien upon, and the
17 security interest in any rights, revenues, or other assets of
18 the association created or purported to be created pursuant to
19 any financing documents to secure any bonds or other
20 indebtedness of the association shall be and remain valid and
21 enforceable, notwithstanding the commencement of and during
22 the continuation of, and after, any rehabilitation,
23 insolvency, liquidation, bankruptcy, receivership,
24 conservatorship, reorganization, or similar proceeding against
25 the association under the laws of this state or any other
26 applicable laws.
27 b. No such proceeding shall relieve the association of
28 its obligation, or otherwise affect its ability to perform its
29 obligation, to continue to collect, or levy and collect,
30 assessments, market equalization or other surcharges,
31 projected recoveries from the Florida Hurricane Catastrophe
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1 Fund, reinsurance recoverables, or any other rights, revenues,
2 or other assets of the association pledged.
3 c. Each such pledge or sale of, lien upon, and
4 security interest in, including the priority of such pledge,
5 lien, or security interest, any such assessments, emergency
6 assessments, market equalization or renewal surcharges,
7 projected recoveries from the Florida Hurricane Catastrophe
8 Fund, reinsurance recoverables, or other rights, revenues, or
9 other assets which are collected, or levied and collected,
10 after the commencement of and during the pendency of or after
11 any such proceeding shall continue unaffected by such
12 proceeding.
13 d. As used in this subsection, the term "financing
14 documents" means any agreement, instrument, or other document
15 now existing or hereafter created evidencing any bonds or
16 other indebtedness of the association or pursuant to which any
17 such bonds or other indebtedness has been or may be issued and
18 pursuant to which any rights, revenues, or other assets of the
19 association are pledged or sold to secure the repayment of
20 such bonds or indebtedness, together with the payment of
21 interest on such bonds or such indebtedness, or the payment of
22 any other obligation of the association related to such bonds
23 or indebtedness.
24 e. Any such pledge or sale of assessments, revenues,
25 contract rights or other rights or assets of the association
26 shall constitute a lien and security interest, or sale, as the
27 case may be, that is immediately effective and attaches to
28 such assessments, revenues, contract, or other rights or
29 assets, whether or not imposed or collected at the time the
30 pledge or sale is made. Any such pledge or sale is effective,
31 valid, binding, and enforceable against the association or
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1 other entity making such pledge or sale, and valid and binding
2 against and superior to any competing claims or obligations
3 owed to any other person or entity, including policyholders in
4 this state, asserting rights in any such assessments,
5 revenues, contract, or other rights or assets to the extent
6 set forth in and in accordance with the terms of the pledge or
7 sale contained in the applicable financing documents, whether
8 or not any such person or entity has notice of such pledge or
9 sale and without the need for any physical delivery,
10 recordation, filing, or other action.
11 f. There shall be no liability on the part of, and no
12 cause of action of any nature shall arise against, any member
13 insurer or its agents or employees, agents or employees of the
14 association, members of the board of directors of the
15 association, or the department or its representatives, for any
16 action taken by them in the performance of their duties or
17 responsibilities under this subsection. Such immunity does not
18 apply to actions for breach of any contract or agreement
19 pertaining to insurance, or any willful tort.
20 Section 67. Subsection (1) of section 1013.37, Florida
21 Statutes, is amended to read:
22 1013.37 State uniform building code for public
23 educational facilities construction.--
24 (1) UNIFORM BUILDING CODE.--A uniform statewide
25 building code for the planning and construction of public
26 educational and ancillary plants by district school boards and
27 community college district boards of trustees shall be adopted
28 by the Florida Building Commission within the Florida Building
29 Code, pursuant to s. 553.73. Included in this code must be
30 flood plain management criteria in compliance with the rules
31 and regulations in 44 C.F.R. parts 59 and 60, and subsequent
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1 revisions thereto which are adopted by the Federal Emergency
2 Management Agency. It is also the responsibility of the
3 department to develop, as a part of the uniform building code,
4 standards relating to:
5 (a) Prefabricated facilities or factory-built
6 facilities that are designed to be portable, relocatable,
7 demountable, or reconstructible; are used primarily as
8 classrooms; and do not fall under the provisions of ss.
9 320.822-320.862 or sections 8-33 of this act. Such standards
10 must permit boards to contract with the Department of
11 Community Affairs for factory inspections by certified
12 building code inspectors to certify conformance with
13 applicable law and rules. The standards must comply with the
14 requirements of s. 1013.20 for relocatable facilities intended
15 for long-term use as classroom space, and the relocatable
16 facilities shall be designed subject to missile impact
17 criteria of s. 423(24)(d)(1) of the Florida Building Code when
18 located in the windborne debris region.
19 (b) The sanitation of educational and ancillary plants
20 and the health of occupants of educational and ancillary
21 plants.
22 (c) The safety of occupants of educational and
23 ancillary plants as provided in s. 1013.12, except that the
24 firesafety criteria shall be established by the State Fire
25 Marshal in cooperation with the Florida Building Commission
26 and the department and such firesafety requirements must be
27 incorporated into the Florida Fire Prevention Code.
28 (d) Accessibility for children, notwithstanding the
29 provisions of s. 553.512.
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1 (e) The performance of life-cycle cost analyses on
2 alternative architectural and engineering designs to evaluate
3 their energy efficiencies.
4 1. The life-cycle cost analysis must consist of the
5 sum of:
6 a. The reasonably expected fuel costs over the life of
7 the building which are required to maintain illumination,
8 water heating, temperature, humidity, ventilation, and all
9 other energy-consuming equipment in a facility; and
10 b. The reasonable costs of probable maintenance,
11 including labor and materials, and operation of the building.
12 2. For computation of the life-cycle costs, the
13 department shall develop standards that must include, but need
14 not be limited to:
15 a. The orientation and integration of the facility
16 with respect to its physical site.
17 b. The amount and type of glass employed in the
18 facility and the directions of exposure.
19 c. The effect of insulation incorporated into the
20 facility design and the effect on solar utilization of the
21 properties of external surfaces.
22 d. The variable occupancy and operating conditions of
23 the facility and subportions of the facility.
24 e. An energy-consumption analysis of the major
25 equipment of the facility's heating, ventilating, and cooling
26 system; lighting system; and hot water system and all other
27 major energy-consuming equipment and systems as appropriate.
28 3. Life-cycle cost criteria published by the
29 Department of Education for use in evaluating projects.
30 4. Standards for construction materials and systems
31 based on life-cycle costs that consider initial costs,
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1 maintenance costs, custodial costs, operating costs, and life
2 expectancy. The standards may include multiple acceptable
3 materials. It is the intent of the Legislature to require
4 district school boards to comply with these standards when
5 expending funds from the Public Education Capital Outlay and
6 Debt Service Trust Fund or the School District and Community
7 College District Capital Outlay and Debt Service Trust Fund
8 and to prohibit district school boards from expending local
9 capital outlay revenues for any project that includes
10 materials or systems that do not comply with these standards,
11 unless the district school board submits evidence that
12 alternative materials or systems meet or exceed standards
13 developed by the department.
14
15 It is not a purpose of the Florida Building Code to inhibit
16 the use of new materials or innovative techniques; nor may it
17 specify or prohibit materials by brand names. The code must be
18 flexible enough to cover all phases of construction so as to
19 afford reasonable protection for the public safety, health,
20 and general welfare. The department may secure the service of
21 other state agencies or such other assistance as it finds
22 desirable in recommending to the Florida Building Commission
23 revisions to the code.
24 Section 68. This act shall take effect July 1, 2005.
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2 SENATE SUMMARY
3 Transfers certain powers, duties, personnel, property,
and appropriations relating to mobile home safety and
4 sales from the Department of Highway Safety and Motor
Vehicles to the Department of Community Affairs.
5 Authorizes both departments to enter into agreements to
effectuate such transfers. Transfers the mobile home
6 portion of the Mobile Home and Recreational Vehicle
Protection Trust Fund administered by the Florida
7 Department of Highway Safety and Motor Vehicles into the
Department of Community Affairs Operating Trust Fund.
8 Requires a mobile home dealer licensee to place a
purchase deposit in escrow. Authorizes application of
9 current civil, criminal, administrative, and judicial
remedies to inappropriate action of a licensed mobile
10 home dealer against a licensee who violates the escrow
requirement. Provides a mission statement for the
11 Department of Community Affairs. Makes conforming
amendments. Repeals provisions relating to mobile home
12 dealer licensure, mobile home construction and safety
standards, mobile home installation licensure, mobile
13 home installation products, mobile home inspection,
mobile home labeling and certification, reciprocity with
14 other states that have mobile home laws, disclosure of
manner used in determining length of mobile homes, and to
15 liquidated damages when a mobile home buyer refuses to
accept delivery of a mobile home, to conform.
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