HB 7101

1
A bill to be entitled
2An act relating to regulation of residential manufactured
3buildings; providing for transfer of regulatory authority
4from the Department of Community Affairs to the Department
5of Highway Safety and Motor Vehicles; authorizing
6interagency agreements to facilitate the transfer;
7providing for transfer of certain rules from the
8Department of Community Affairs and the Florida Building
9Commission to the Department of Highway Safety and Motor
10Vehicles; providing for the validity of judicial and
11administrative actions; creating s. 320.870, F.S.;
12providing a short title; creating s. 320.871, F.S.;
13providing definitions; creating s. 320.872, F.S.;
14establishing the Florida Building Code and the Florida
15Fire Prevention and Lifesafety Codes as the minimum
16uniform construction requirements governing the
17manufacture, design, construction, erection, alteration,
18modification, repair, and demolition of residential
19manufactured buildings; creating s. 320.873, F.S.;
20providing duties and responsibilities of the Department of
21Highway Safety and Motor Vehicles; providing for rules,
22inspections, and insignia; authorizing the department to
23set certain fees; providing for the department to delegate
24certain authority; creating s. 320.874, F.S.; providing
25for manufacturer certification; creating s. 320.875, F.S.;
26providing for recertification of residential manufactured
27buildings prior to the relocation, modification, or change
28of occupancy; creating s. 320.876, F.S.; providing for
29application and scope of enforcement by the department;
30providing for local requirements and permits; creating s.
31320.877, F.S.; providing for injunctive relief to compel
32compliance; creating s. 320.878, F.S.; providing
33penalties; transferring and renumbering s. 320.865, F.S.,
34relating to maintenance of records; amending ss. 553.36
35and 553.38, F.S., relating to regulation of manufactured
36buildings; conforming provisions to changes made by the
37act; providing for conforming legislation; directing the
38Division of Statutory Revision to assist in preparation of
39the legislation; providing an effective date.
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  Department of Highway Safety and Motor
44Vehicles; transfers; operations.--
45     (1)  All statutory powers, duties, and functions relating
46to the regulation of residential manufactured buildings,
47including, but not limited to, certification of manufacturers
48and recertification of residential manufactured buildings, of
49the Department of Community Affairs are transferred by a type
50two transfer, as defined in s. 20.06(2), Florida Statutes, to
51the Department of Highway Safety and Motor Vehicles.
52     (2)  All existing statutory authority and responsibility of
53the Department of Community Affairs for the enforcement of laws
54relating to the regulation of residential manufactured
55buildings, including, but not limited to, enforcement of
56requirements under the Florida Building Code through plan review
57and inspection, are transferred by a type two transfer, as
58defined in s. 20.06(2), Florida Statutes, to the Department of
59Highway Safety and Motor Vehicles.
60     (3)  All existing legal authorities and actions of the
61Department of Community Affairs relating to the regulation of
62residential manufactured buildings, including, but not limited
63to, all pending and completed action on orders and rules, all
64enforcement matters, and all delegations, interagency
65agreements, and contracts with federal, state, regional, and
66local governments and private entities, are transferred by a
67type two transfer, as defined in s. 20.06(2), Florida Statutes,
68to the Department of Highway Safety and Motor Vehicles.
69     (4)  The Department of Community Affairs and the Department
70of Highway Safety and Motor Vehicles are authorized to enter
71into interagency agreements with each other concerning any
72matter affected by this section in order to promote the
73efficient and effective implementation of this section.
74     Section 2.  Transfer of rules.--
75     (1)  RULES OF THE DEPARTMENT OF COMMUNITY
76AFFAIRS.--Effective July 1, 2006, the rules of the Department of
77Community Affairs that relate to regulation of residential
78manufactured buildings, including, but not limited to,
79enforcement of requirements under the Florida Building Code,
80certification of manufacturers, and recertification of
81residential manufactured buildings, that were in effect on June
8230, 2006, shall become rules of the Department of Highway Safety
83and Motor Vehicles and shall remain in effect until specifically
84amended or repealed in the manner provided by law.
85     (2)  RULES OF THE FLORIDA BUILDING COMMISSION.--Effective
86July 1, 2006, the rules of the Florida Building Commission that
87relate to regulation of residential manufactured buildings,
88including, but not limited to, rules relating to standards for
89construction and inspection of residential manufactured
90buildings, insurance coverage requirements, and fees, that were
91in effect on June 30, 2006, shall become rules of the Department
92of Highway Safety and Motor Vehicles and shall remain in effect
93until specifically amended or repealed in the manner provided by
94law.
95     Section 3.  Validity; judicial or administrative
96action.--This act shall not affect the validity of any judicial
97or administrative action involving regulation of residential
98manufactured buildings by the Department of Community Affairs
99pending on July 1, 2006, and the Department of Highway Safety
100and Motor Vehicles shall be substituted as a party in interest
101in any such action.
102     Section 4.  Section 320.870, Florida Statutes, is created
103to read:
104     320.870  Short title.--Sections 320.870-320.878 may be
105cited as the "Florida Residential Manufactured Building Act."
106     Section 5.  Section 320.871, Florida Statutes, is created
107to read:
108     320.871  Definitions.--As used in ss. 320.870-320.878, the
109term:
110     (1)  "Approved" means conforming to the requirements of the
111Florida Building Code.
112     (2)  "Approved inspection agency" means an organization
113determined by the department to be especially qualified by
114reason of facilities, personnel, experience, and demonstrated
115reliability to investigate, test, and evaluate manufactured
116building units or systems or the component parts thereof,
117together with plans, specifications, and quality control
118procedures, to ensure that such units, systems, or component
119parts are in full compliance with the Florida Building Code and
120to label such units complying with those standards.
121     (3)  "Approved inspector" means an employee of the
122department determined by the department to be especially
123qualified by reason of training, experience, and demonstrated
124reliability to investigate, test, and evaluate residential
125manufactured building units or systems or the component parts
126thereof, together with plans, specifications, and quality
127control procedures, to ensure that such units, systems, or
128component parts are in full compliance with the Florida Building
129Code and to label such units complying with those standards. A
130department employee performing inspections pursuant to ss.
131320.870-320.878 must meet the licensure requirements under part
132XII of chapter 468.
133     (4)  "Closed construction" means that condition when any
134building, component, assembly, subassembly, or system is
135manufactured in such a manner that all portions cannot be
136readily inspected at the installation site without disassembly
137or destruction thereof.
138     (5)  "Component" means any assembly, subassembly, or
139combination of parts for use as a part of a building, which may
140include structural, electrical, mechanical, and fire protection
141systems and other systems affecting health and safety.
142Components that incorporate elements of a building subject to
143the product approval system adopted under s. 553.842 are subject
144to approval in accordance with the product approval system upon
145implementation thereof and are not subject to the rules adopted
146under ss. 320.870-320.878. Components to which the rules adopted
147under ss. 320.870-320.878 apply are limited to three-dimensional
148systems for use as part of a building.
149     (6)  "Department" means the Department of Highway Safety
150and Motor Vehicles.
151     (7)  "Insignia" means an approved device or seal issued by
152the department to indicate compliance with the standards and
153rules established pursuant to ss. 320.870-320.878.
154     (8)  "Installation" means the assembly of a manufactured
155building component or system on site and the process of affixing
156a manufactured building component or system to land, a
157foundation, or an existing building, and service connections
158that are a part thereof.
159     (9)  "Local government" means any municipality, county,
160district, or combination thereof comprising a governmental unit.
161     (10)  "Manufacture" means to make, fabricate, construct,
162form, or assemble a product from raw, unfinished, semifinished,
163or finished materials.
164     (11)  "Mobile home" means any residential unit constructed
165to standards promulgated by the United States Department of
166Housing and Urban Development.
167     (12)  "Module" means a separately transported three-
168dimensional component of a residential manufactured building
169that contains all or a portion of structural systems, electrical
170systems, plumbing systems, mechanical systems, fire systems, and
171thermal systems.
172     (13)  "Open construction" means any building, building
173component, assembly, or system manufactured in such a manner
174that all portions can be readily inspected at the building site
175without disassembly or destruction thereof or damage thereto.
176     (14)  "Residential manufactured building" means a closed
177structure, building assembly, or system of subassemblies, which
178may include structural, electrical, plumbing, heating,
179ventilating, or other service systems, manufactured in
180manufacturing facilities for installation or erection as a
181finished, single-family residential dwelling unit. Sections
182320.870-320.878 do not apply to manufactured homes or mobile
183homes as defined in s. 320.01, factory-built school shelters, or
184residential health facilities regulated under chapter 553.
185     (15)  "Site" means the location on which a residential
186manufactured building is installed or is to be installed.
187     (16)  "System" means structural, plumbing, mechanical,
188heating, electrical, or ventilating elements, materials, or
189components combined for use in a building.
190     Section 6.  Section 320.872, Florida Statutes, is created
191to read:
192     320.872  Minimum construction requirements
193established.--The Florida Building Code and the Florida Fire
194Prevention and Lifesafety Codes shall be the minimum
195construction requirements governing the manufacture, design,
196construction, erection, alteration, modification, repair, and
197demolition of residential manufactured buildings. These minimum
198requirements shall be uniform throughout the state and no entity
199other than the department has authority to modify the
200requirements.
201     Section 7.  Section 320.873, Florida Statutes, is created
202to read:
203     320.873  Duties and responsibilities of the department;
204rules, inspections, and insignia.--
205     (1)  The department has the authority and responsibility to
206ensure compliance with the provisions of ss. 320.870-320.878 and
207requirements of the Florida Building Code adopted under part I
208of chapter 553 for the construction or modification of
209residential manufactured buildings and building modules. The
210department is authorized to adopt rules pursuant to ss.
211120.536(1) and 120.54 necessary to carry out the provisions of
212ss. 320.870-320.878 and shall adopt by rule requirements to
213address:
214     (a)  Submission to and approval by the department of
215manufacturers' drawings and specifications, including any
216amendments.
217     (b)  Submission to and approval by the department of
218manufacturers' internal quality control procedures and manuals,
219including any amendments.
220     (c)  Procedures and qualifications for approval of third-
221party plan review and inspection entities and of those who
222perform inspections and plan reviews.
223     (d)  Investigation of consumer complaints of noncompliance
224of residential manufactured buildings with the Florida Building
225Code and the Florida Fire Prevention Code.
226     (e)  Issuance, cancellation, and revocation of any insignia
227issued by the department and procedures for auditing them and
228accounting for their disposition.
229     (f)  Monitoring the manufacturers', inspection entities',
230and plan review entities' compliance with ss. 320.870-320.878
231and the Florida Building Code. Monitoring may include, but is
232not limited to, performing audits of plans, inspections of
233manufacturing facilities and observation of the manufacturing
234and inspection process, and onsite inspections of buildings.
235     (2)  No residential manufactured building, except as
236provided in subsection (11), may be installed in this state
237unless it is approved by and bears the insignia of approval of
238the department. Approvals issued by the department under this
239section shall be deemed to comply with the requirements of ss.
240320.870-320.878.
241     (3)  All residential manufactured buildings issued and
242bearing insignia of approval pursuant to subsection (2) shall be
243deemed to comply with the Florida Building Code and are exempt
244from local amendments enacted by any local government.
245     (4)  No residential manufactured building bearing
246department insignia of approval pursuant to subsection (2) shall
247be in any way modified prior to installation, except in
248conformance with the Florida Building Code.
249     (5)  Residential manufactured buildings issued and bearing
250insignia of approval pursuant to ss. 320.870-320.878 upon
251manufacture or first sale shall not require additional approval
252or insignia by a local government in whose jurisdiction they are
253subsequently sold or installed. Buildings or structures that
254meet the definition of "open construction" are subject to
255permitting by the local jurisdiction and are not required to
256bear insignia.
257     (6)  If the department determines that the standards for
258construction and inspection of residential manufactured
259buildings prescribed by statute or rule of another state are at
260least equal to standards in the Florida Building Code and that
261such standards are actually enforced by such other state, it may
262provide by rule that a residential manufactured building that
263has been inspected and approved by such other state shall be
264deemed to have been approved by the department and shall
265authorize the affixing of the appropriate insignia of approval.
266     (7)  The department shall, by rule, establish a schedule of
267fees to pay the cost incurred by the department for the work
268related to administration and enforcement of ss. 320.870-
269320.878.
270     (8)  The department may delegate its enforcement authority
271to a state department having building construction
272responsibilities or to a local government. The department may
273delegate its plan review and inspection authority to a state
274department having building construction responsibilities, to a
275local government, to an approved inspection agency, to an
276approved plan review agency, or to an agency of another state.
277     (9)  If the department delegates its inspection authority
278to third-party approved inspection agencies, manufacturers must
279have one, and only one, inspection agency responsible for
280inspection of a residential manufactured building, module, or
281component at all times.
282     (10)  If the department delegates its inspection authority
283to third-party approved plan review agencies, manufacturers must
284have one, and only one, plan review agency responsible for
285review of plans of a residential manufactured building, module,
286or component at all times.
287     (11)  Custom or one-of-a-kind prototype residential
288manufactured buildings shall not be required to have state
289approval but must comply with all local requirements of the
290governmental agency having jurisdiction at the installation
291site.
292     Section 8.  Section 320.874, Florida Statutes, is created
293to read:
294     320.874  Manufacturer certification.--
295     (1)  Before manufacturing residential buildings to be
296located within this state or selling residential manufactured
297buildings within this state, whichever occurs later, a
298manufacturer must be certified by the department. The department
299shall certify a manufacturer upon receipt from the manufacturer
300and approval and verification by the department of the
301following:
302     (a)  The manufacturer's internal quality control procedures
303and manuals, including any amendments.
304     (b)  Evidence that the manufacturer has product liability
305insurance for the safety and welfare of the public in amounts
306determined by rule of the department.
307     (c)  Payment of the fee established by the department under
308s. 320.873(7).
309     (2)  The department may revoke any certification upon the
310failure of the manufacturer to comply with the Florida Building
311Code or other requirements of ss. 320.870-320.878.
312     (3)  Certification of manufacturers under this section
313shall be for a period of 3 years, subject to renewal by the
314manufacturer. Upon application for renewal, the manufacturer
315must submit the information described in subsection (1) or a
316sworn statement that there has been no change in the status or
317content of that information since the manufacturer's last
318submittal. Fees for renewal of manufacturers' certification
319shall be established by the department by rule.
320     Section 9.  Section 320.875, Florida Statutes, is created
321to read:
322     320.875  Recertification of residential manufactured
323buildings.--Prior to the relocation, modification, or change of
324occupancy of a residential manufactured building within the
325state, the manufacturer, dealer, or owner thereof may apply to
326the department for recertification of that residential
327manufactured building. The department shall, by rule, provide
328what information the applicant must submit for recertification
329and for plan review and inspection of such residential
330manufactured building and shall establish fees for
331recertification. Upon a determination by the department that the
332residential manufactured building complies with the applicable
333building codes, the department shall issue a recertification
334insignia. A residential manufactured building that bears
335recertification insignia is considered to comply with all
336applicable codes and does not require any additional approval by
337an enforcement jurisdiction in which the building is sold or
338installed. As an alternative to recertification by the
339department, the manufacturer, dealer, or owner of a residential
340manufactured building may seek appropriate permitting and a
341certificate of occupancy from the local jurisdiction in
342accordance with procedures generally applicable under the
343Florida Building Code.
344     Section 10.  Section 320.876, Florida Statutes, is created
345to read:
346     320.876  Application and scope.--The department shall
347enforce every provision of ss. 320.870-320.878 and rules adopted
348under ss. 320.870-320.878 and the provisions of the Florida
349Building Code governing residential manufactured buildings,
350except that local land use and zoning requirements, fire zones,
351building setback requirements, side and rear yard requirements,
352site development requirements, property line requirements,
353subdivision control, and onsite installation requirements, as
354well as the review and regulation of architectural and aesthetic
355requirements, are specifically and entirely reserved to local
356authorities. Such local requirements and rules that may be
357enacted by local authorities must be reasonable and uniformly
358applied and enforced without any distinction as to whether a
359building is a conventionally constructed or residential
360manufactured building. A local government shall require permit
361fees only for those inspections actually performed by the local
362government for the installation of a factory-built structure.
363Such fees shall be equal to the amount charged for similar
364inspections on conventionally built housing.
365     Section 11.  Section 320.877, Florida Statutes, is created
366to read:
367     320.877  Injunctive relief.--The department may seek
368injunctive or other relief from the circuit court of appropriate
369jurisdiction to compel compliance with the requirements of ss.
370320.870-320.878 or with the Florida Building Code, or to enjoin
371the sale, delivery, or installation of a residential
372manufactured building, upon an affidavit specifying the manner
373in which the building does not conform to the Florida Building
374Code or other requirements of ss. 320.870-320.878. Noncompliance
375with the Florida Building Code or ss. 320.870-320.878 shall be
376considered prima facie evidence of irreparable damage in any
377cause of action brought under the authority of ss. 320.870-
378320.878.
379     Section 12.  Section 320.878, Florida Statutes, is created
380to read:
381     320.878  Penalties.--Any person who violates any of the
382provisions of ss. 320.870-320.877 commits a misdemeanor of the
383second degree, punishable as provided in s. 775.082 or s.
384775.083.
385     Section 13.  Section 320.865, Florida Statutes, is
386transferred and renumbered as section 320.93, Florida Statutes.
387     Section 14.  Subsection (12) of section 553.36, Florida
388Statutes, is amended to read:
389     553.36  Definitions.--The definitions contained in this
390section govern the construction of this part unless the context
391otherwise requires.
392     (12)  "Manufactured building" means a closed structure,
393building assembly, or system of subassemblies, which may include
394structural, electrical, plumbing, heating, ventilating, or other
395service systems manufactured in manufacturing facilities for
396installation or erection as a finished building or as part of a
397finished building, which shall include, but not be limited to,
398residential, commercial, institutional, storage, and industrial
399structures. The term includes buildings not intended for human
400habitation such as lawn storage buildings and storage sheds
401manufactured and assembled offsite by a manufacturer certified
402in conformance with this part. This part does not apply to
403manufactured homes or mobile homes as defined in chapter 320
404and, except as to applicability of Florida Building Code minimum
405construction standards, does not apply to single-family
406residential manufactured buildings as defined in chapter 320.
407     Section 15.  Section 553.38, Florida Statutes, is amended
408to read:
409     553.38  Application and scope.--Except as provided in
410chapter 320, the department shall enforce every provision of the
411Florida Building Code adopted pursuant hereto, except that local
412land use and zoning requirements, fire zones, building setback
413requirements, side and rear yard requirements, site development
414requirements, property line requirements, subdivision control,
415and onsite installation requirements, as well as the review and
416regulation of architectural and aesthetic requirements, are
417specifically and entirely reserved to local authorities. Such
418local requirements and rules which may be enacted by local
419authorities must be reasonable and uniformly applied and
420enforced without any distinction as to whether a building is a
421conventionally constructed or manufactured building. A local
422government shall require permit fees only for those inspections
423actually performed by the local government for the installation
424of a factory-built structure. Such fees shall be equal to the
425amount charged for similar inspections on conventionally built
426housing.
427     Section 16.  Conforming legislation.--The Legislature
428recognizes that there is a need to conform the Florida Statutes
429to the policy decisions reflected in this act and that there is
430a need to resolve apparent conflicts between any other
431legislation that has been or may be enacted during 2006 and the
432transfer of responsibilities to the Department of Highway Safety
433and Motor Vehicles by this act. Therefore, in the interim
434between this act becoming a law and the 2007 Regular Session of
435the Legislature or an earlier special session addressing this
436issue, the Division of Statutory Revision shall, upon request,
437provide the relevant substantive committees of the Senate and
438the House of Representatives with assistance to enable such
439committees to prepare draft legislation to conform the Florida
440Statutes and any legislation enacted during 2006 to the
441provisions of this act.
442     Section 17.  This act shall take effect July 1, 2006.


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