HB 7071

1	A bill to be entitled
2	An act relating to mobile homes; amending s. 320.822,
3	F.S.; removing the definition of "seal" or "label";
4	repealing s. 320.824, F.S.; relating to the authority of
5	the Department of Highway Safety and Motor Vehicles to
6	adopt by rule changes in, or modifications to, mobile home
7	standards and to enter any place where mobile homes are
8	manufactured, sold, or offered for sale for certain
9	purposes; amending s. 320.8245, F.S.; conforming a cross-
10	reference; removing authority of the department to
11	promulgate rules and regulations regarding alterations or
12	modifications of mobile homes or recreational vehicles;
13	revising qualifications for the designation of persons
14	qualified to alter or modify a mobile home or recreational
15	vehicle; amending s. 320.8249, F.S.; conforming a cross-
16	reference; repealing s. 320.8255, F.S., relating to mobile
17	home inspections by the department; amending s. 320.827,
18	F.S.; removing a provision authorizing the department to
19	issue labels; requiring mobile homes manufactured in this
20	state to bear a label and certification that the mobile
21	home meets or exceeds the code of the United States
22	Department of Housing and Urban Development; amending s.
23	320.834, F.S.; revising legislative purpose and intent;
24	providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Subsections (14) through (18) of section
29	320.822, Florida Statutes, are renumbered as subsections (13)
30	through (17), respectively, and present subsection (13) of that
31	section is amended to read:
32	320.822  Definitions; ss. 320.822-320.862.--In construing
33	ss. 320.822-320.862, unless the context otherwise requires, the
34	following words or phrases have the following meanings:
35	(13)  "Seal" or "label" means a device issued by the
36	department certifying that a mobile home or recreational vehicle
37	meets the appropriate code, which device is to be displayed on
38	the exterior of the mobile home or recreational vehicle.
39	Section 2.  Section 320.824, Florida Statutes, is repealed.
40	Section 3.  Section 320.8245, Florida Statutes, is amended
41	to read:
42	320.8245  Limitation of alteration or modification to
43	mobile homes or recreational vehicles.--
44	(1)  LIMITATION OF ALTERATIONS OR MODIFICATIONS.--No
45	alteration or modification shall be made to a mobile home or
46	recreational vehicle by a licensed dealer after shipment from
47	the manufacturer's plant unless such alteration or modification
48	is authorized in this section.
49	(2)  EFFECT ON MOBILE HOME WARRANTY.--Unless an alteration
50	or modification is performed by a qualified person as defined in
51	subsection (3) (4), the warranty responsibility of the
52	manufacturer as to the altered or modified item shall be void.
53	(a)  An alteration or modification performed by a mobile
54	home or recreational vehicle dealer or his or her agent or
55	employee shall place warranty responsibility for the altered or
56	modified item upon the dealer. If the manufacturer fulfills, or
57	is required to fulfill, the warranty on the altered or modified
58	item, he or she shall be entitled to recover damages in the
59	amount of his or her costs and attorneys' fees from the dealer.
60	(b)  An alteration or modification performed by a mobile
61	home or recreational vehicle owner or his or her agent shall
62	render the manufacturer's warranty as to that item void. A
63	statement shall be displayed clearly and conspicuously on the
64	face of the warranty that the warranty is void as to the altered
65	or modified item if the alteration or modification is performed
66	by other than a qualified person. Failure to display such
67	statement shall result in warranty responsibility on the
68	manufacturer.
69	(3)  AUTHORITY OF THE DEPARTMENT.--The department is
70	authorized to promulgate rules and regulations pursuant to
71	chapter 120 which define the alterations or modifications which
72	must be made by qualified personnel. The department may regulate
73	only those alterations and modifications which substantially
74	impair the structural integrity or safety of the mobile home.
75	(3)(4)  DESIGNATION AS A QUALIFIED PERSON.--
76	(a)  In order to be designated as a person qualified to
77	alter or modify a mobile home or recreational vehicle, a person
78	must comply with local or county licensing or competency
79	requirements in skills relevant to performing alterations or
80	modifications on mobile homes or recreational vehicles.
81	(b)  When no local or county licensing or competency
82	requirements exist, the department may certify persons to
83	perform mobile home alterations or modifications. The department
84	shall by rule or regulation determine what skills and competency
85	requirements are requisite to the issuance of a certification. A
86	fee sufficient to cover the costs of issuing certifications may
87	be charged by the department. The certification shall be valid
88	for a period which terminates when the county or other local
89	governmental unit enacts relevant competency or licensing
90	requirements. The certification shall be valid only in counties
91	or localities without licensing or competency requirements.
92	(c)  The department shall determine which counties and
93	localities have licensing or competency requirements adequate to
94	eliminate the requirement of certification. This determination
95	shall be based on a review of the relevant county or local
96	standards for adequacy in regulating persons who perform
97	alterations or modifications to mobile homes. The department
98	shall find local or county standards adequate when minimal
99	licensing or competency standards are provided.
100	Section 4.  Subsection (6) of section 320.8249, Florida
101	Statutes, is amended to read:
102	320.8249  Mobile home installers license.--
103	(6)  "Installation," as used herein, is synonymous with
104	"setup" as defined in s. 320.822(13)(14).
105	Section 5.  Section 320.8255, Florida Statutes, is
106	repealed.
107	Section 6.  Section 320.827, Florida Statutes, is amended
108	to read:
109	320.827  Label; procedures for issuance; certification;
110	requirements.--No dealer shall sell or offer for sale in this
111	state any new mobile home manufactured after January 1, 1968,
112	unless the mobile home bears a label and the certification by
113	the manufacturer that the mobile home to which the label is
114	attached meets or exceeds the appropriate code. Any mobile home
115	bearing the insignia of approval pursuant to this section shall
116	be deemed to comply with the requirements of all local
117	government ordinances or rules which govern construction, and no
118	mobile home bearing an the department insignia of approval shall
119	be in any way modified except in compliance with this chapter.
120	Labels may be issued by the department when applied for with an
121	affidavit certifying that the dealer or manufacturer applying
122	will not attach a label to any new mobile home that does not
123	meet or exceed the appropriate code. No mobile home may be
124	manufactured in this state unless it bears a label and
125	certification that the mobile home meets or exceeds the code of
126	the United States Department of Housing and Urban Development.
127	The label for each mobile home shall be displayed in a manner to
128	be prescribed by the department.
129	Section 7.  Section 320.834, Florida Statutes, is amended
130	to read:
131	320.834  Purpose.--It is the intent of the Legislature to
132	ensure the safety and welfare of residents of mobile homes
133	through a licensing an inspection program conducted by the
134	Department of Highway Safety and Motor Vehicles. Mobile homes
135	are a primary affordable housing resource of many of the
136	residents of the state and satisfy a large segment of statewide
137	housing needs. It is the further intent of the Legislature that
138	the department, mobile home dealers, and mobile home
139	manufacturers continue to work together to meet the applicable
140	code requirements for mobile homes and that such dealers and
141	manufacturers share the responsibilities of warranting mobile
142	homes in accordance with applicable codes and resolving
143	legitimate consumer complaints in a timely, efficient manner.
144	Section 8.  This act shall take effect July 1, 2007.

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