House Bill 4765e1

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                                          HB 4765, First Engrossed



  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         20.23, F.S.; requiring the Turnpike District to

  4         relocate to Sumter County in fiscal year 2000;

  5         amending s. 206.606, F.S.; revising the

  6         distribution of certain fuel tax proceeds;

  7         revising source of funds for the Aquatic Plant

  8         Control Trust Fund; renumbering and amending s.

  9         335.166, F.S.; transferring responsibility for

10         welcome centers' staff to the Florida

11         Commission on Tourism; requiring a study of

12         expressway and bridge authorities to the

13         Department of Transportation; renumbering and

14         amending s. 334.065, F.S.; revising provisions

15         related to the funding source and the advisory

16         board of the Center for Urban Transportation

17         Research; amending s. 316.003, F.S.; defining

18         the term "neighborhood vehicle"; amending s.

19         316.063, F.S.; changing the term "accident" to

20         "crash"; revising the penalty for obstructing

21         traffic upon damaging an unattended vehicle or

22         other property; creating s. 316.0815, F.S.;

23         giving public transit buses the right-of-way

24         when reentering the traffic flow; amending s.

25         316.091, F.S.; providing that on specified

26         highways certain commercial vehicles may drive

27         only in certain lanes; amending s. 316.1967,

28         F.S.; reduces the number of outstanding parking

29         violations which trigger the county clerk to

30         report to the Department of Highway Safety and

31         Motor Vehicles; amending s. 316.2055, F.S.;


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                                          HB 4765, First Engrossed



  1         providing a uniform reference to the penalty

  2         for a pedestrian noncriminal traffic offense

  3         punishable under chapter 318, F.S.; amending s.

  4         316.555, F.S.; exempting certain silvicultural

  5         and agricultural vehicles and equipment from

  6         weight restrictions on county roads; amending

  7         s. 318.15, F.S.; providing for payment of a

  8         certain service fee to tax collector;  amending

  9         s. 318.18, F.S.; providing that fines for

10         construction zone speed violations shall only

11         be doubled under certain circumstances;

12         amending s. 320.01, F.S.; defining the term

13         "agricultural products"; amending s. 320.04,

14         F.S.; providing a service charge for validation

15         stickers issued by printer dispenser machines;

16         amending s. 320.055, F.S.; revising

17         registration renewal period for certain

18         vehicles;  providing for staggered fleet

19         registration; repealing s. 320.065, F.S.,

20         relating to the registration of certain rental

21         trailers for hire and semitrailers used to haul

22         agricultural products; amending s. 320.0657,

23         F.S.; defining the term "fleet"; providing

24         registration fees; providing penalties for late

25         or improper registration; amending s. 320.0715,

26         F.S.; exempting certain commercial motor

27         vehicles from the International Registration

28         Plan; amending s. 320.8325, F.S.; requiring the

29         Department of Community Affairs to promulgate

30         rules on manufactured housing installation

31         systems; requiring the development of certain


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                                          HB 4765, First Engrossed



  1         standards for park trailers;  creating s.

  2         321.045, F.S.; establishing the mission and

  3         program objectives of the amending s. 20.18,

  4         F.S.; creating the Division of Factory-built

  5         Housing in the Department of Community Affairs;

  6         providing a mission statement for the

  7         department; transferring certain powers,

  8         duties, functions, personnel, property, and

  9         appropriations of the department to the

10         division; transferring certain powers, duties,

11         functions, personnel, property, and

12         appropriations of the Department of Highway

13         Safety and Motor Vehicles to the division;

14         authorizing the Department of Community Affairs

15         and the Department of Highway Safety and Motor

16         Vehicles to enter into agreements to effectuate

17         such transfers; dividing the Mobile Home and

18         Recreational Vehicle Protection Trust Fund into

19         two separate trust funds, the Recreational

20         Vehicle Protection Trust Fund and the

21         Factory-built Housing Trust Fund; amending s.

22         320.781, F.S., to conform; amending s. 553.36,

23         F.S.; providing a definition; amending s.

24         553.38, F.S.; providing responsibility of the

25         Division of Factory-built Housing to administer

26         part IV of chapter 553, F.S.; creating ss.

27         553.431, 553.4315, 553.433, 553.434, 553.435,

28         553.4365, 553.437, 553.438, 553.446, 553.448,

29         553.449, 553.450, 553.451, 553.452, 553.453,

30         553.455, 553.456, 553.457, and 553.458, F.S.;

31         recreating certain provisions under chapter


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                                          HB 4765, First Engrossed



  1         320, F.S., within part IV of chapter 553, F.S.,

  2         to conform; transferring and renumbering ss.

  3         320.823, 320.8335, and 320.840, F.S., to

  4         conform; transferring, renumbering, and

  5         amending ss. 320.77, 320.8255, 320.827,

  6         320.8285, 320.830, 320.831, 320.8325, F.S., to

  7         conform; amending s. 320.8249, F.S., to

  8         conform; limiting certain local government's

  9         ability to charge certain permit fees relating

10         to mobile home parks; amending ss. 161.55,

11         319.001, 320.131, 320.27, 320.28, 320.71,

12         320.781, 320.822, 320.8225, 320.8231, 320.8232,

13         320.824, 320.8245, 320.8256, 320.8285, 320.834,

14         320.835, 320.861, 320.865, 325.202, 325.203,

15         325.213, and 627.351, F.S., to conform;

16         repealing s. 320.771(8) and (11), F.S.,

17         relating to licensed mobile home dealers

18         selling recreational vehicles and licensed

19         recreational vehicle dealers setting up mobile

20         homes;  322.08(7)(c), F.S., relating to a

21         voluntary contribution on driver's license

22         applications; amending s. 322.1615, F.S.;

23         revising language with respect to nighttime

24         driving restrictions for persons with learner's

25         driver licenses; amending s. 331.304, F.S.;

26         revising the boundaries of spaceport territory;

27         adding certain property located in Santa Rosa,

28         Okaloosa, and Walton Counties to spaceport

29         territory; amending 322.28, F.S.; revising

30         language with respect to judicial stays on

31         administrative suspensions of driving


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                                          HB 4765, First Engrossed



  1         privileges; amending s. 332.003, F.S.;

  2         correcting a reference; amending s. 332.004,

  3         F.S.; redefining the terms "airport" and

  4         "airport or aviation discretionary capacity

  5         improvement projects"; amending s. 332.007,

  6         F.S.; directing the department to provide

  7         priority funding for commercial and dual-use

  8         space transportation projects; creating s.

  9         332.009, F.S.; providing for application;

10         amending s. 334.0445, F.S.; extending the time

11         period for the model career service

12         classification plan in the Department of

13         Transportation; amending s. 335.0415, F.S.;

14         modifying the date on which jurisdiction and

15         responsibility for public roads is determined;

16         repealing s. 335.165, F.S., relating to welcome

17         stations; amending s. 337.11, F.S.; deleting a

18         requirement for contract approval by a

19         contractor's surety; amending s. 337.185, F.S.;

20         revising the State Arbitration Board contract

21         claim program; amending s. 337.19, F.S.;

22         revising provisions relating to suits by and

23         against the Department of Transportation and

24         the liability of the department; amending s.

25         337.403, F.S.; authorizing the department to

26         participate in the cost of clearing and

27         grubbing necessary to perform utility

28         improvement, relocation, or removal work under

29         certain circumstances; amending s. 338.229,

30         F.S.; authorizing the department to provide

31         restrictions on the sale, transfer, lease, or


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                                          HB 4765, First Engrossed



  1         other disposition or operation of any portion

  2         of the turnpike system which reduces the

  3         revenue available for the payment of

  4         bondholders; amending s. 479.01, F.S.;

  5         redefining the terms "commercial or industrial

  6         zone" and "unzoned commercial or industrial

  7         area"; amending s. 479.07, F.S.; revising

  8         provisions relating to reinstatement of expired

  9         outdoor advertising permits; amending s.

10         479.16, F.S.; increasing the square footage

11         allowable on certain signs; amending chapter

12         96-423, Laws of Florida; authorizing the

13         department to sell certain state property and

14         directing the proceeds of the sale to the State

15         Transportation Trust Fund; providing

16         appropriations; amending s. 832.06, F.S.;

17         providing procedures for receipt by tax

18         collector of worthless check or draft for

19         driver license or identification card; amending

20         ss. 319.23, 320.08, and 320.086, F.S.; deleting

21         reference to collectible vehicles; revising

22         dates with respect to certain ancient or

23         antique motor vehicles; exempting certain

24         vehicles from the act; providing for the

25         issuance of license plates to certain ancient

26         or antique firefighting apparatus or motor

27         vehicles; providing an appropriation; providing

28         effective dates.

29

30  Be It Enacted by the Legislature of the State of Florida:

31


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                                          HB 4765, First Engrossed



  1         Section 1.  Paragraph (a) of subsection (4) of section

  2  20.23, Florida Statutes, is amended to read:

  3         20.23  Department of Transportation.--There is created

  4  a Department of Transportation which shall be a decentralized

  5  agency.

  6         (4)(a)  The operations of the department shall be

  7  organized into eight districts, including a turnpike district,

  8  each headed by a district secretary. The district secretaries

  9  shall report to the Assistant Secretary for District

10  Operations. The headquarters of the districts shall be located

11  in Polk, Columbia, Washington, Broward, Volusia, Dade,

12  Hillsborough, and Leon Counties. The turnpike district must be

13  relocated to Sumter Orange County in the year 2000. In order

14  to provide for efficient operations and to expedite the

15  decisionmaking process, the department shall provide for

16  maximum decentralization to the districts. However, before

17  making a decision to centralize or decentralize department

18  operations or relocate the turnpike district, the department

19  must first determine if the decision would be cost-effective

20  and in the public's best interest. The department shall

21  periodically evaluate such decisions to ensure that they are

22  appropriate.

23         Section 2.  Section 206.606, Florida Statutes, is

24  amended to read:

25         206.606  Distribution of certain proceeds.--

26         (1)  Moneys collected pursuant to ss. 206.41(1)(g) and

27  206.87(1)(e) shall be deposited in the Fuel Tax Collection

28  Trust Fund created by s. 206.875. Such moneys, exclusive of

29  the service charges imposed by s. 215.20, and exclusive of

30  refunds granted pursuant to s. 206.41, shall be distributed

31  monthly to the State Transportation Trust Fund, except that:


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                                          HB 4765, First Engrossed



  1         (1)(a)  $7.55 million shall be transferred to the

  2  Department of Environmental Protection in each fiscal year.

  3  The transfers must be made in equal monthly amounts beginning

  4  on July 1 of each fiscal year.  $1.25 million of the amount

  5  transferred shall be deposited annually in the Marine

  6  Resources Conservation Trust Fund and must be used by the

  7  department to fund special projects to provide recreational

  8  channel marking, public launching facilities, and other

  9  boating-related activities. The department shall annually

10  determine where unmet needs exist for boating-related

11  activities, and may fund such activities in counties where,

12  due to the number of vessel registrations, insufficient

13  financial resources are available to meet total water resource

14  needs.  The remaining proceeds of the annual transfer shall be

15  deposited in the Aquatic Plant Control Trust Fund and must be

16  used for aquatic plant management, including nonchemical

17  control of aquatic weeds, research into nonchemical controls,

18  and enforcement activities.  Beginning in fiscal year

19  1993-1994, the department shall allocate at least $1 million

20  of such funds to the eradication of melaleuca.

21         (2)(b)  $1.25 million shall be transferred to the State

22  Game Trust Fund in the Game and Fresh Water Fish Commission in

23  each fiscal year.  The transfers must be made in equal monthly

24  amounts beginning on July 1 of each fiscal year, and must be

25  used for recreational boating activities of a type consistent

26  with projects eligible for funding under the Florida Boating

27  Improvement Program administered by the Department of

28  Environmental Protection, and freshwater fisheries management

29  and research.

30

31


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                                          HB 4765, First Engrossed



  1         (c)  $1.5 million per year shall be transferred to the

  2  Board of Regents and shall be spent solely for purposes of s.

  3  334.065.

  4         (2)  Not less than 10 percent of the moneys deposited

  5  in the State Transportation Trust Fund pursuant to this

  6  section shall be allocated by the Department of Transportation

  7  for public transit and rail capital projects, including

  8  service development projects, as defined in s. 341.031(7) and

  9  (8), unless otherwise provided in the General Appropriations

10  Act.

11         Section 3.  Effective July 1, 1999, subsection (1) of

12  section 206.606, Florida Statutes, as amended by chapter

13  96-321, Laws of Florida, is amended to read:

14         206.606  Distribution of certain proceeds.--

15         (1)  Moneys collected pursuant to ss. 206.41(1)(g) and

16  206.87(1)(e) shall be deposited in the Fuel Tax Collection

17  Trust Fund.  Such moneys, after deducting the service charges

18  imposed by s. 215.20, the refunds granted pursuant to s.

19  206.41, and the administrative costs incurred by the

20  department in collecting, administering, enforcing, and

21  distributing the tax, which administrative costs may not

22  exceed 2 percent of collections, shall be distributed monthly

23  to the State Transportation Trust Fund, except that:

24         (a)  $7.55 million shall be transferred to the

25  Department of Environmental Protection in each fiscal year.

26  The transfers must be made in equal monthly amounts beginning

27  on July 1 of each fiscal year.  $1.25 million of the amount

28  transferred shall be deposited annually in the Marine

29  Resources Conservation Trust Fund and must be used by the

30  department to fund special projects to provide recreational

31  channel marking, public launching facilities, and other


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                                          HB 4765, First Engrossed



  1  boating-related activities. The department shall annually

  2  determine where unmet needs exist for boating-related

  3  activities, and may fund such activities in counties where,

  4  due to the number of vessel registrations, insufficient

  5  financial resources are available to meet total water resource

  6  needs.  The remaining proceeds of the annual transfer shall be

  7  deposited in the Aquatic Plant Control Trust Fund and must be

  8  used for aquatic plant management, including nonchemical

  9  control of aquatic weeds, research into nonchemical controls,

10  and enforcement activities.  Beginning in fiscal year

11  1993-1994, the department shall allocate at least $1 million

12  of such funds to the eradication of melaleuca.

13         (b)  $1.25 million shall be transferred to the State

14  Game Trust Fund in the Game and Fresh Water Fish Commission in

15  each fiscal year.  The transfers must be made in equal monthly

16  amounts beginning on July 1 of each fiscal year, and must be

17  used for recreational boating activities of a type consistent

18  with projects eligible for funding under the Florida Boating

19  Improvement Program administered by the Department of

20  Environmental Protection, and freshwater fisheries management

21  and research.

22         (c)  $1.5 million per year shall be transferred to the

23  Board of Regents and shall be spent solely for purposes of s.

24  334.065.

25         Section 4.  Effective July 1, 1999, notwithstanding the

26  provisions of s. 215.20(1), Florida Statutes, the service

27  charge imposed by that subsection which is deducted from the

28  proceeds of the county fuel tax distributed pursuant to s.

29  206.60, Florida Statutes, and the proceeds from revenues

30  generated pursuant to s. 336.025(1)(a), Florida Statutes, and

31  deposited into the Local Option Fuel Tax Trust Fund shall be


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                                          HB 4765, First Engrossed



  1  reduced to the rate of 4.4 percent. The funds made available

  2  as a result of this reduction of the service charge shall be

  3  transferred to the Aquatic Plant Control Trust Fund.

  4         Section 5.  Section 335.166, Florida Statutes, is

  5  renumbered as section 228.125, Florida Statutes, and amended

  6  to read:

  7         228.125 335.166  Welcome Centers Office.--

  8         (1)  Effective July 1, 1999, responsibility for tThe

  9  Welcome Centers Office staff is assigned to the Florida

10  Commission on Tourism which shall contract with its

11  direct-support organization to employ all welcome center

12  staff, who shall no longer be state employees after June 30,

13  1999.  All welcome center staff shall be offered employment

14  with the direct-support organization at the same salary they

15  received at the Department of Transportation, but with the

16  benefits provided by the direct-support organization to its

17  employees.

18         (2)  The Florida Commission on Tourism shall provide

19  direction for the administration of the Welcome Centers Office

20  and direction for the operation of the welcome

21  centers.  Funding for the office shall be solely from the

22  rental car surcharge provided to the Tourism Promotional Trust

23  Fund pursuant to s. 212.0606(2), through a nonoperating

24  transfer to the State Transportation Trust Fund or contract

25  with the commission or the commission's direct support

26  organization.

27         Section 6.  The Florida Transportation Commission shall

28  review the role and effectiveness in meeting the state's

29  transportation needs of all state toll road agencies created

30  pursuant to chapter 348, Florida Statutes, and the Turnpike

31  District of the Florida Department of Transportation. As part


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                                          HB 4765, First Engrossed



  1  of its review, the commission shall identify current and

  2  planned activities of existing state toll road agencies and

  3  shall make findings as to each agency's present and planned

  4  contributions to increasing the capacity and

  5  interconnectedness of the state highway network. The study may

  6  also include an evaluation of the effectiveness and efficiency

  7  of the processes used in all phases of project development and

  8  toll road management. The study may also include an analysis

  9  of the ability of the agencies to forge partnerships with all

10  levels of government and the private sector and the benefits,

11  if any, of such partnerships. The commission shall report its

12  findings and recommendations to the President of the Senate,

13  the Speaker of the House of Representatives and the Governor

14  on or before October 1, 1999. In developing its report, the

15  commission shall hold at least three public hearings in areas

16  of the state currently served by an agency identified in this

17  section.

18         Section 7.  Section 334.065, Florida Statutes, is

19  renumbered as section 240.80, Florida Statutes, and amended to

20  read:

21         240.80 334.065  Center for Urban Transportation

22  Research.--

23         (1)  There is established at the University of South

24  Florida the Florida Center for Urban Transportation Research,

25  to be administered by the Board of Regents and the State

26  University System.  The responsibilities of the center

27  include, but are not limited to, conducting and facilitating

28  research on issues related to urban transportation problems in

29  this state and serving as an information exchange and

30  depository for the most current information pertaining to

31  urban transportation and related issues.


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                                          HB 4765, First Engrossed



  1         (2)  The center shall be a continuing resource for the

  2  Legislature, the Department of Transportation, local

  3  governments, the nation's metropolitan regions, and the

  4  private sector in the area of urban transportation and related

  5  research and shall generate support in addition to any its

  6  state-funded base of support provided by s. 206.606.  The

  7  center shall promote intercampus transportation and related

  8  research activities among Florida's universities in order to

  9  enhance the ability of these universities to attract federal

10  and private sector funding for transportation and related

11  research.

12         (3)  An advisory board shall be created to periodically

13  and objectively review and advise the center concerning its

14  research program. Except for projects mandated by law,

15  state-funded base projects shall not be undertaken without

16  approval of the advisory board. The membership of the board

17  shall consist of nine experts in transportation-related areas,

18  including the secretaries of the Florida Departments of

19  Transportation, Community Affairs, and Environmental

20  Protection, or their designees, and a member of the Florida

21  Transportation Commission. The nomination of the remaining

22  members of the board shall be made to the President of the

23  University of South Florida by the College of Engineering at

24  the University of South Florida, and the appointment of these

25  members must be reviewed and approved by the Florida

26  Transportation Commission and confirmed by the Board of

27  Regents.

28         (4)  The center shall develop a budget pursuant to

29  chapter 216. This budget shall be submitted to the Governor

30  along with the budget of the Board of Regents.

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                                          HB 4765, First Engrossed



  1         Section 8.  Subsection (82) is added to section

  2  316.003, Florida Statutes, to read:

  3         316.003  Definitions.--The following words and phrases,

  4  when used in this chapter, shall have the meanings

  5  respectively ascribed to them in this section, except where

  6  the context otherwise requires:

  7         (82)  "Neighborhood vehicle" means a type of golf cart

  8  that is a self-propelled, electrically powered motor vehicle,

  9  which is emission free, designed to be and is operated at

10  speeds of 25 miles per hour or less, has at least four wheels

11  in contact with the ground, has an unloaded weight of less

12  than 1,800 pounds, and is equipped with efficient brakes,

13  headlights, brakelights, turnsignals, windshield, rear view

14  mirrors, and safety belts.

15         Section 9.  Section 316.063, Florida Statutes, is

16  amended to read:

17         316.063  Duty upon damaging unattended vehicle or other

18  property.--

19         (1)  The driver of any vehicle which collides with, or

20  is involved in a crash an accident with, any vehicle or other

21  property which is unattended, resulting in any damage to such

22  other vehicle or property, shall immediately stop and shall

23  then and there either locate and notify the operator or owner

24  of the vehicle or other property of the driver's name and

25  address and the registration number of the vehicle he or she

26  is driving, or shall attach securely in a conspicuous place in

27  or on the vehicle or other property a written notice giving

28  the driver's name and address and the registration number of

29  the vehicle he or she is driving, and shall without

30  unnecessary delay notify the nearest office of a duly

31  authorized police authority.  Every such stop shall be made


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                                          HB 4765, First Engrossed



  1  without obstructing traffic more than is necessary. If a

  2  damaged vehicle is obstructing traffic, the driver shall make

  3  every reasonable effort to move the vehicle or have it moved

  4  so as not to obstruct the regular flow of traffic. Any person

  5  who fails to comply with this subsection commits a misdemeanor

  6  of the second degree, punishable as provided in s. 775.082 or

  7  s. 775.083.

  8         (2)  Every such stop shall be made without obstructing

  9  traffic more than is necessary. If a damaged vehicle is

10  obstructing traffic, the driver shall make every reasonable

11  effort to move the vehicle or have it moved so as not to

12  obstruct the regular flow of traffic. A violation of this

13  subsection is a noncriminal traffic infraction, punishable as

14  a nonmoving violation as provided in chapter 318.

15         (3)  The law enforcement officer at the scene of a

16  crash an accident required to be reported in accordance with

17  the provisions of subsection (1) or the law enforcement

18  officer receiving a report by a driver as required by

19  subsection (1) shall, if part or any of the property damaged

20  is a fence or other structure used to house or contain

21  livestock, promptly make a reasonable effort to notify the

22  owner, occupant, or agent of this damage.

23         Section 10.  Section 316.0815, Florida Statutes, is

24  created to read:

25         316.0815  Duty to yield to public transit vehicles.--

26         (1)  The driver of a vehicle shall yield the

27  right-of-way to a publicly owned transit bus traveling in the

28  same direction which has signaled and is reentering the

29  traffic flow.

30

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                                          HB 4765, First Engrossed



  1         (2)  This section does not relieve the driver of a

  2  public transit vehicle from the duty to drive with due regard

  3  for the safety of all persons using the roadway.

  4         Section 11.  Subsection (5) is added to section

  5  316.091, Florida Statutes, to read:

  6         316.091  Limited access facilities; interstate

  7  highways; use restricted.--

  8         (5)  A person may drive a commercial motor vehicle

  9  having a gross vehicle weight of 26,001 pounds or more or 3

10  axles or more, or a combination of vehicles weighing 26,001

11  pounds or more, upon any limited access facility with six or

12  more lanes only in the two right through lanes, except when

13  exiting the facility. However, in congested urban areas the

14  Department of Transportation may allow commercial motor

15  vehicles to operate in additional lanes when necessary for the

16  safe flow of traffic.

17         Section 12.  Subsection (6) of section 316.1967,

18  Florida Statutes, is amended to read:

19         (6)  Any county or municipality may provide by

20  ordinance that the clerk of the court or traffic bureau shall

21  supply the department with a magnetically encoded computer

22  tape reel or cartridge or send by other electronic means data

23  which is machine readable by the installed computer system at

24  the department, listing persons who have two three or more

25  outstanding parking violations, including violations of s.

26  316.1955.  Each county shall provide by ordinance that the

27  clerk of the court or the traffic violations bureau shall

28  supply the department with a magnetically encoded computer

29  tape reel or cartridge or send by other electronic means data

30  that is machine readable by the installed computer system at

31  the department, listing persons who have outstanding


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                                          HB 4765, First Engrossed



  1  violations of s. 316.1955 or similar ordinance that regulates

  2  parking in spaces designated for use by persons who have

  3  disabilities.  The department shall mark the appropriate

  4  registration record of persons who are so reported.  Section

  5  320.03(8) applies to each person whose name appears on the

  6  list.

  7         Section 13.  Section 316.2055, Florida Statutes, is

  8  amended to read:

  9         316.2055  Motor vehicles, throwing advertising

10  materials in.--It is unlawful for any person on a public

11  street, highway, or sidewalk in the state to throw into, or

12  attempt to throw into, any motor vehicle, or offer, or attempt

13  to offer, to any occupant of any motor vehicle, whether

14  standing or moving, or to place or throw into any motor

15  vehicle any advertising or soliciting materials or to cause or

16  secure any person or persons to do any one of such unlawful

17  acts. A violation of this section is a noncriminal traffic

18  infraction, punishable as a pedestrian violation as provided

19  in chapter 318.

20         Section 14.  Section 316.555, Florida Statutes, is

21  amended to read:

22         316.555  Weight, load, speed limits may be lowered;

23  condition precedent.--Anything in this chapter to the contrary

24  notwithstanding, the Department of Transportation with respect

25  to state roads, and local authorities with respect to highways

26  under their jurisdiction, may prescribe, by notice hereinafter

27  provided for, loads and weights and speed limits lower than

28  the limits prescribed in this chapter and other laws, whenever

29  in its or their judgment any road or part thereof or any

30  bridge or culvert shall, by reason of its design,

31  deterioration, rain, or other climatic or natural causes be


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                                          HB 4765, First Engrossed



  1  liable to be damaged or destroyed by motor vehicles, trailers,

  2  or semitrailers, if the gross weight or speed limit thereof

  3  shall exceed the limits prescribed in said notice.  The

  4  Department of Transportation or local authority may, by like

  5  notice, regulate or prohibit, in whole or in part, the

  6  operation of any specified class or size of motor vehicles,

  7  trailers, or semitrailers on any highways or specified parts

  8  thereof under its or their jurisdiction, whenever in its or

  9  their judgment, such regulation or prohibition is necessary to

10  provide for the public safety and convenience on the highways,

11  or parts thereof, by reason of traffic density, intensive use

12  thereof by the traveling public, or other reasons of public

13  safety and convenience.  The notice or the substance thereof

14  shall be posted at conspicuous places at terminals of all

15  intermediate crossroads and road junctions with the section of

16  highway to which the notice shall apply.  After any such

17  notice has been posted, the operation of any motor vehicle or

18  combination contrary to its provisions shall constitute a

19  violation of this chapter. An exemption from any locally

20  imposed weight limit shall be granted by a local government to

21  vehicles transporting silvicultural and agricultural products

22  and to equipment used in connection with silvicultural and

23  agricultural site management when a county road offers the

24  only access into and out of the property. This exemption shall

25  not apply to any bridge or other structure which has weight

26  restrictions established for safety reasons. However, no

27  limitation shall be established by any county, municipal, or

28  other local authorities pursuant to the provisions of this

29  section that would interfere with or interrupt traffic as

30  authorized hereunder over state roads, including officially

31  established detours for such highways, including cases where


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                                          HB 4765, First Engrossed



  1  such traffic passes over roads, streets or thoroughfares

  2  within the sole jurisdiction of the county, municipal or other

  3  local authorities unless such limitations and further

  4  restrictions have first been approved by the Department of

  5  Transportation. With respect to county roads, except such as

  6  are in use as state road detours, the respective county road

  7  authorities shall have full power and authority to further

  8  limit the weights of vehicles upon bridges and culverts upon

  9  such public notice as they deem sufficient, and existing laws

10  applicable thereto shall not be affected by the terms of this

11  chapter.

12         Section 15.  Subsection (2) of section 318.15, Florida

13  Statutes, is amended to read:

14         318.15  Failure to comply with civil penalty or to

15  appear; penalty.--

16         (2)  After suspension of the driver's license and

17  privilege to drive of a person under subsection (1), the

18  license and privilege may not be reinstated until the person

19  complies with all obligations and penalties imposed on him or

20  her under s. 318.18 and presents to a driver license office a

21  certificate of compliance issued by the court, together with

22  the $25 nonrefundable service fee imposed under s. 322.29, or

23  pays the aforementioned $25 service fee to the clerk of the

24  court or a tax collector clearing such suspension.  Such

25  person shall also be in compliance with requirements of

26  chapter 322 prior to reinstatement.

27         Section 16.  Paragraph (c) of subsection (3) of section

28  318.18, Florida Statutes, is amended to read:

29         318.18  Amount of civil penalties.--The penalties

30  required for a noncriminal disposition pursuant to s. 318.14

31  are as follows:


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                                          HB 4765, First Engrossed



  1         (3)

  2         (b)  For moving violations involving unlawful speed,

  3  the fines are as follows:

  4

  5  For speed exceeding the limit by:                        Fine:

  6  1-9 m.p.h.................................................$ 25

  7  10-14 m.p.h...............................................$100

  8  15-19 m.p.h...............................................$125

  9  20-29 m.p.h...............................................$150

10  30 m.p.h. and above.......................................$250

11

12         (c)  A person cited for exceeding the speed limit in a

13  legally posted school zone or a posted construction zone will

14  be assessed a fine double the amount listed in paragraph (b).

15  The fine shall only be doubled for construction zone

16  violations if construction personnel are present or operating

17  equipment on the road or immediately adjacent to the road

18  under construction.

19         Section 17.  Subsection (42) is added to section

20  320.01, Florida Statutes, to read:

21         320.01  Definitions, general.--As used in the Florida

22  Statutes, except as otherwise provided, the term:

23         For purposes of this chapter, "agricultural products"

24  means any food product; any agricultural, horticultural, or

25  livestock product; any raw material used in plant food

26  formulation; or any plant food used to produce food and fiber.

27         Section 18.  Paragraph (a) of subsection (1) of section

28  320.04, Florida Statutes, is amended to read:

29         320.04  Registration service charge.--

30         (1)(a)  There shall be a service charge of $2.50 for

31  each application which is handled in connection with original


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                                          HB 4765, First Engrossed



  1  issuance, duplicate issuance, or transfer of any license

  2  plate, mobile home sticker, or validation sticker or with

  3  transfer or duplicate issuance of any registration

  4  certificate.  There may also be a service charge of up to $1

  5  for the issuance of each license plate validation sticker and

  6  mobile home sticker issued from an automated vending facility

  7  or printer dispenser machine which shall be payable to and

  8  retained by the department to provide for automated vending

  9  facilities or printer dispenser machines used to dispense such

10  stickers by in each tax collector's or license tag agent's

11  employee office.

12         Section 19.    Subsections (2) and (7) of section

13  320.055, Florida Statutes, are amended to read:

14         320.055  Registration periods; renewal periods.--The

15  following registration periods and renewal periods are

16  established:

17         (2)  For a vehicle subject to registration under s.

18  320.08(11), the registration period begins January 1 and ends

19  December 31.  For a vehicle subject to this registration

20  period, the renewal period is the 31-day period prior to

21  expiration beginning January 1..

22         (7)  For those vehicles subject to registration under

23  s. 320.0657, the department shall implement a system that

24  distributes the registration renewal process throughout the

25  year For a vehicle subject to registration under s. 320.065,

26  the registration period begins December 1 and ends November

27  30.  For a vehicle subject to this registration period, the

28  renewal period is the 31-day period beginning December 1.

29         Section 20.  Section 320.065, Florida Statutes, is

30  repealed.

31


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                                          HB 4765, First Engrossed



  1         Section 21.  Section 320.0657, Florida Statutes, is

  2  amended to read:

  3         320.0657  Permanent registration; fleet license

  4  plates.--

  5         (1)  For purposes of this section, the term "fleet"

  6  means nonapportioned motor vehicles owned or leased by a

  7  company and used for business purposes.  Vehicle numbers

  8  comprising a "fleet" shall be established by the Department of

  9  Highway Safety and Motor Vehicles.  Vehicles registered as

10  short-term rental vehicles are excluded from the provisions of

11  this section.

12         (2)(a)  The owner or lessee of a fleet of motor

13  vehicles shall, upon application in the manner and at the time

14  prescribed and upon approval by the department and payment of

15  the license tax prescribed under s. 320.08(2), (3), (4),

16  (5)(a) and (b), (6)(a), (7), and (8), be issued permanent

17  fleet license plates.  All vehicles with a fleet license plate

18  shall have the company's name or logo and unit number

19  displayed so that they are readily identifiable.  The

20  provisions of s. 320.0605 do not apply to vehicles registered

21  in accordance with this section, and no annual validation

22  sticker is required.

23         (a)  The owner or lessee of 250 or more nonapportioned

24  commercial motor vehicles licensed under s. 320.08(2), (3),

25  (4), (5)(a)1. and (b), and (7), who has posted a bond as

26  prescribed by department rules, may apply via magnetically

27  encoded computer tape reel or cartridge which is machine

28  readable by the installed computer system at the department

29  for permanent license plates. All vehicles with a fleet

30  license plate shall have the company's name or logo and unit

31  number displayed so that they are readily identifiable. The


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                                          HB 4765, First Engrossed



  1  provisions of s. 320.0605 shall not apply to vehicles

  2  registered in accordance with this section, and no annual

  3  validation sticker is required.

  4         (b)  The plates, which shall be of a distinctive color,

  5  shall have the word "Fleet" appearing at the bottom and the

  6  word "Florida" appearing at the top. The plates shall conform

  7  in all respects to the provisions of this chapter, except as

  8  specified herein.

  9         (c)  In addition to the license tax prescribed by s.

10  320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), an

11  annual fleet management fee of $2 shall be charged.  A

12  one-time license plate manufacturing fee of $1.50 shall be

13  charged for plates issued for the established number of

14  vehicles in the fleet.  If the size of the fleet is increased,

15  a $20-per-vehicle issuance fee will be charged to include the

16  license plate manufacturing fee.  If the license plate

17  manufacturing cost increases, the department shall increase

18  the license-plate manufacturing fee to recoup its cost.  Fees

19  collected shall be deposited into the Highway Safety Operating

20  Trust Fund.  Payment of registration license tax and fees

21  shall be made annually and be evidenced only by the issuance

22  of a single receipt by the department.  The provisions of s.

23  320.0605 do not apply to vehicles registered in accordance

24  with this section, and no annual validation sticker is

25  required.

26         (c)  In addition to the license tax prescribed by s.

27  320.08(2), (3), (4), (5)(a)1. and (b), and (7), an annual fee

28  of $6 shall be charged for each vehicle registered hereunder.

29  Of this $6 fee, $2.50 shall be retained as a service charge by

30  the tax collector, if the registration occurs at such office,

31  or by the department, if the registration occurs at offices of


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                                          HB 4765, First Engrossed



  1  the department. Receipts from the $6 fee not retained by tax

  2  collectors shall be deposited into the Highway Safety

  3  Operating Trust Fund. Payment of registration license tax and

  4  fees shall be made annually and be evidenced only by the

  5  issuance of a single receipt by the department. Half-year

  6  registrations shall not be available for vehicles registered

  7  in accordance with the provisions of this section. The

  8  provision of s. 320.06(1)(b) shall not apply to the fleet

  9  renewal process.

10         (2)  All recipients of permanent license plates

11  authorized by this section shall submit an annual audit as

12  prescribed by rule of the department. Such audit shall include

13  a percentage of the vehicles registered by each owner or

14  lessee, not to exceed 10 percent. The department shall

15  randomly select the vehicles to be audited and shall forward a

16  listing of said vehicles only to the office of the auditor

17  performing the audit. Every attempt shall be made to provide

18  for groupings of vehicles based in the same location; however,

19  the location shall change from year to year. The audit shall

20  be prepared by a certified public accountant licensed under

21  chapter 473, at the recipient's expense, and shall be

22  performed to standards prescribed by the department. Such

23  audits shall be delivered to the department on or before

24  February 15 of each calendar year. Any fees or taxes which the

25  audit determines are due the department shall be submitted to

26  the department along with such audit. In addition, any company

27  found to be habitually abusing the privileges afforded by

28  permanent licensure shall forfeit the bond required in

29  subsection (1), and may be required by the department to

30  relinquish all permanent license plates, and not be eligible

31  to continue to participate in the program.


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                                          HB 4765, First Engrossed



  1         (3)  The department is authorized to adopt such rules

  2  as necessary to comply with this section.

  3         (4)  If a recipient of fleet license plates fails to

  4  properly and timely renew or initially register vehicles in

  5  its fleet, the department may impose a delinquency penalty of

  6  $50 or 10 percent of the delinquent taxes due, whichever is

  7  greater, if the failure is for not more than 30 days, with an

  8  additional 10 percent penalty for each additional 30 days, or

  9  fraction thereof, during the time the failure continues, not

10  to exceed a total penalty of 100 percent in the aggregate.

11  However, the penalty may not be less than $50.

12         (5)  All recipients of fleet license plates authorized

13  by this section must provide the department with an annual

14  vehicle reconciliation and must annually surrender all

15  unassigned license plates.  Failure to comply may result in

16  fines of up to $1,000 for each occurrence or in suspension or

17  termination from the fleet program.

18         Section 22.  Subsection (5) is added to section

19  320.0715, Florida Statutes, to read:

20         320.0715  International Registration Plan; motor

21  carrier services; permits; retention of records.--

22         (5)  The provisions of this section do not apply to any

23  commercial motor vehicle domiciled in a foreign state that

24  enters this state solely for the purpose of bringing a

25  commercial vehicle in for repairs, or picking up a newly

26  purchased commercial vehicle, so long as the commercial motor

27  vehicle is operated by its owner and is not hauling a load.

28         Section 23.  Subsection (2) of section 320.8235,

29  Florida Statutes, is amended to read:

30

31


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                                          HB 4765, First Engrossed



  1         320.8325  Mobile homes and park trailers; tie-down

  2  requirements; minimum installation standards; injunctions;

  3  penalty.--

  4         (2)  The Department of Community Affairs department

  5  shall promulgate rules and regulations setting forth minimum

  6  standards for the manufacture and or installation of

  7  manufactured housing installation systems, composed of

  8  anchors, buckles, straps, stabilizer plates, and piers or

  9  other requirements mandated by a manufacturer's installation

10  manual. anchors, tie-downs, over-the-roof ties, or other

11  reliable methods of securing mobile homes or park trailers

12  when over-the-roof ties are not suitable due to factors such

13  as unreasonable cost, design of the mobile home or park

14  trailer, or potential damage to the mobile home or park

15  trailer.  Such systems devices required under this section,

16  when properly installed, shall insure a manufactured home

17  remains secured to the ground when subjected to winds equal to

18  or less than their HUD code design criteria and shall cause

19  the mobile home or park trailer to resist wind overturning and

20  sliding.  In promulgating such Such rules and regulations, the

21  Department of Community Affairs may make such discriminations

22  regarding mobile home or park trailer tie-down requirements

23  shall be reasonably related to the as are reasonable when

24  factors such as age, and windzone of the manufactured housing.

25  location, and practicality of tying down a mobile home or park

26  trailer are considered.  The Department of Community Affairs

27  shall also develop standards for installation and anchoring

28  systems for park trailers.  Fees and civil penalties collected

29  by the Department of Community Affairs pursuant to s. 320.8325

30  shall be deposited into a trust fund for the use by the

31  Department of Community Affairs for the testing of


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                                          HB 4765, First Engrossed



  1  manufactured housing installation systems and their individual

  2  components to insure that such products being delivered to

  3  consumers in this state meet the wind design criteria adopted

  4  by the Department of Community Affairs.

  5         Section 24.  Section 321.045, Florida Statutes, is

  6  created to read:

  7         321.045  Florida Highway Patrol program

  8  objectives.--The mission of the Florida Highway Patrol is to

  9  ensure public safety on Florida's State Highway System and to

10  minimize violations of Florida's traffic laws. In order to

11  accomplish this mission, the program objectives of the Florida

12  Highway Patrol are to:

13         (1)  Reduce the statewide incidence rate for traffic

14  crashes, injuries, and deaths.

15         (2)  Reduce the number of alcohol and drug-related

16  crashes.

17         (3)  Reduce the statewide response time to calls for

18  services.

19         (4)  Increase compliance with traffic laws.

20         (5)  Increase motorist compliance with state motor

21  vehicle and driver's license insurance laws.

22         Section 25.  Effective January 1, 1999, paragraph (d)

23  is added to subsection (2) of section 20.18, Florida Statutes,

24  and subsection (7) is added to said section, to read:

25         20.18  Department of Community Affairs.--There is

26  created a Department of Community Affairs.

27         (2)  The following units of the Department of Community

28  Affairs are established:

29         (d)  Division of Factory-built Housing.

30         (7)  The Department of Community Affairs shall be the

31  agency responsible for ensuring that there is adequate


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                                          HB 4765, First Engrossed



  1  affordable housing in this state through the use of

  2  factory-built homes, that the federal code on mobile homes is

  3  strictly observed by manufacturers, and that the state code

  4  for manufactured buildings is an efficient method for

  5  providing manufactured buildings to residents of this state.

  6  The department shall also be the agency responsible for the

  7  installation of mobile homes and manufactured buildings to

  8  such an extent that residents of this state are as safe as

  9  possible with respect to destructive weather.

10         Section 26.  Effective January 1, 1999, the powers,

11  duties, responsibilities, functions, records, personnel,

12  property, and unexpended balances of appropriations,

13  allocations, or other funds within the Department of Community

14  Affairs relating to administration, implementation, and

15  enforcement of part IV of chapter 553, Florida Statutes, is

16  hereby transferred to the Division of Factory-built Housing of

17  the department.

18         Section 27.  Effective January 1, 1999:

19         (1)  All statutory powers, duties, functions, records,

20  personnel, property, and unexpended balances of

21  appropriations, allocations, or other funds of the Bureau of

22  Mobile Home and Recreational Vehicle Construction of the

23  Department of Highway Safety and Motor Vehicles relating to

24  regulation and administration of mobile homes, and all

25  existing authority and actions of the bureau, including, but

26  not limited to, all pending and completed actions on orders

27  and rules, all enforcement matters, and delegations,

28  interagency agreements, and contracts with federal, state,

29  regional, and local governments and private entities relating

30  to regulation and administration of mobile homes, are hereby

31


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                                          HB 4765, First Engrossed



  1  transferred to the Division of Factory-built Housing of the

  2  Department of Community Affairs.

  3         (2)  The Department of Community Affairs and the

  4  Department of Highway Safety and Motor Vehicles shall have the

  5  authority to enter into interagency agreements with each other

  6  concerning any matter affected by the transfer of the Bureau

  7  of Mobile Home and Recreational Vehicle Construction to the

  8  Department of Community Affairs to promote the efficient and

  9  effective operation of both departments.

10         Section 28.  Effective January 1, 1999, the Mobile Home

11  and Recreational Vehicle Protection Trust Fund created under

12  s. 320.781, Florida Statutes, is divided into two separate

13  trust funds, the Recreational Vehicle Protection Trust Fund to

14  be administered and managed by the Department of Highway

15  Safety and Motor Vehicles as provided in s. 320.781, Florida

16  Statutes, and the Factory-built Housing Trust Fund to be

17  administered and managed by the Division of Factory-built

18  Housing of the Department of Community Affairs under s.

19  553.433, Florida Statutes.

20         Section 29.  Effective January 1, 1999, section

21  320.781, Florida Statutes, is amended to read:

22         320.781  Mobile Home and Recreational Vehicle

23  Protection Trust Fund.--

24         (1)  There is hereby established a Mobile Home and

25  Recreational Vehicle Protection Trust Fund.  The trust fund

26  shall be administered and managed by the Department of Highway

27  Safety and Motor Vehicles.  The expenses incurred by the

28  department in administering this section shall be paid only

29  from appropriations made from the trust fund.

30         (2)  Beginning October 1, 1990, the department shall

31  charge and collect an additional fee of $1 for each new mobile


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                                          HB 4765, First Engrossed



  1  home and new recreational vehicle title transaction for which

  2  it charges a fee.  This additional fee shall be deposited into

  3  the trust fund.  The Department of Highway Safety and Motor

  4  Vehicles shall charge a fee of $40 per annual dealer and

  5  manufacturer license and license renewal, which shall be

  6  deposited into the trust fund. The sums deposited in the trust

  7  fund shall be used exclusively for carrying out the purposes

  8  of this section.  These sums may be invested and reinvested by

  9  the Treasurer under the same limitations as apply to

10  investment of other state funds, with all interest from these

11  investments deposited to the credit of the trust fund.

12         (3)  The trust fund shall be used to satisfy any

13  judgment by any person, as provided by this section, against a

14  mobile home or recreational vehicle dealer or broker for

15  damages, restitution, or expenses, including reasonable

16  attorney's fees, resulting from a cause of action directly

17  related to the conditions of any written contract made by him

18  or her in connection with the sale, exchange, or improvement

19  of any mobile home or recreational vehicle, or for any

20  violation of chapter 319 or this chapter.

21         (4)  The trust fund shall not be liable for any

22  judgment, or part thereof, resulting from any tort claim

23  except as expressly provided in subsection (3), nor for any

24  punitive, exemplary, double, or treble damages.  A person, the

25  state, or any political subdivision thereof may recover

26  against the mobile home or recreational vehicle dealer,

27  broker, or surety, jointly and severally, for such damages,

28  restitution, or expenses; provided, however, that in no event

29  shall the trust fund or the surety be liable for an amount in

30  excess of actual damages, restitution, or expenses.

31


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                                          HB 4765, First Engrossed



  1         (5)  Subject to the limitations and requirements of

  2  this section, the trust fund shall be used by the department

  3  to compensate persons who have unsatisfied judgments, or in

  4  certain limited circumstances unsatisfied claims, against a

  5  mobile home or recreational vehicle dealer or broker in one of

  6  the following situations:

  7         (a)  The claimant has obtained a final judgment which

  8  is unsatisfied against the mobile home or recreational vehicle

  9  dealer or broker or its surety jointly and severally, or

10  against the mobile home dealer or broker only, if the court

11  found that the surety was not liable due to prior payment of

12  valid claims against the bond in an amount equal to, or

13  greater than, the face amount of the applicable bond.

14         (b)  The claimant has obtained a judgment against the

15  surety of the mobile home or recreational vehicle dealer or

16  broker that is unsatisfied.

17         (c)  The claimant has alleged a claim against the

18  mobile home or recreational vehicle dealer or broker in a

19  lawsuit which has been stayed or discharged as a result of the

20  filing for reorganization or discharge in bankruptcy by the

21  dealer or broker, and judgment against the surety is not

22  possible because of the bankruptcy or liquidation of the

23  surety, or because the surety has been found by a court of

24  competent jurisdiction not to be liable due to prior payment

25  of valid claims against the bond in an amount equal to, or

26  greater than, the face amount of the applicable bond.

27         (6)  In order to recover from the trust fund, the

28  person must file an application and verified claim with the

29  department.

30         (a)  If the claimant has obtained a judgment which is

31  unsatisfied against the mobile home or recreational vehicle


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                                          HB 4765, First Engrossed



  1  dealer or broker or its surety as set forth in this section,

  2  the verified claim must specify the following:

  3         1.a.  That the judgment against the mobile home or

  4  recreational vehicle dealer or broker and its surety has been

  5  entered; or

  6         b.  That the judgment against the mobile home or

  7  recreational vehicle dealer or broker contains a specific

  8  finding that the surety has no liability, that execution has

  9  been returned unsatisfied, and that a judgment lien has been

10  perfected;

11         2.  The amount of actual damages broken down by

12  category as awarded by the court or jury in the cause which

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 or recreational vehicle

17  dealer or broker or its surety;

18         4.  The amount that may be realized, if any, from the

19  sale of real or personal property or other assets of the

20  judgment debtor liable to be sold or applied in satisfaction

21  of the judgment and the balance remaining due on the judgment

22  after application of the amount which has been realized and a

23  certification that the claimant has made a good faith effort

24  to collect the judgment; and

25         5.  Such other information as the department requires.

26         (b)  If the claimant has alleged a claim as set forth

27  in paragraph (5)(c) and for the reasons set forth therein has

28  not been able to secure a judgment, the verified claim must

29  contain the following:

30

31


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                                          HB 4765, First Engrossed



  1         1.  A true copy of the pleadings in the lawsuit which

  2  was stayed or discharged by the bankruptcy court and the order

  3  of the bankruptcy court staying those proceedings;

  4         2.  Allegations of the acts or omissions by the mobile

  5  home or recreational vehicle dealer or broker setting forth

  6  the specific acts or omissions complained of which resulted in

  7  actual damage to the person, along with the actual dollar

  8  amount necessary to reimburse or compensate the person for

  9  costs or expenses resulting from the acts or omissions of

10  which the person complained;

11         3.  True copies of all purchase agreements, notices,

12  service or repair orders or papers or documents of any kind

13  whatsoever which the person received in connection with the

14  purchase, exchange, or lease-purchase of the mobile home or

15  recreational vehicle from which the person's cause of action

16  arises; and

17         4.  Such other information as the department requires.

18         (c)  The department may require such proof as it deems

19  necessary to document the matters set forth in the claim.

20         (7)  Within 90 days after receipt of the application

21  and verified claim, the department shall issue its

22  determination on the claim.  Such determination shall not be

23  subject to the provisions of chapter 120, but shall be

24  reviewable only by writ of certiorari in the circuit court in

25  the county in which the claimant resides in the manner and

26  within the time provided by the Florida Rules of Appellate

27  Procedure.  The claim must be paid within 45 days after the

28  determination, or, if judicial review is sought, within 45

29  days after the review becomes final.  A person may not be paid

30  an amount from the fund in excess of $25,000 per mobile home

31  or recreational vehicle.  Prior to payment, the person must


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                                          HB 4765, First Engrossed



  1  execute an assignment to the department of all the person's

  2  rights and title to, and interest in, the unsatisfied judgment

  3  and judgment lien or the claim against the dealer or broker

  4  and its surety.

  5         (8)  The department, in its discretion and where

  6  feasible, may try to recover from the mobile home or

  7  recreational vehicle dealer or broker, or the judgment debtor

  8  or its surety, all sums paid to persons from the trust fund.

  9  Any sums recovered shall be deposited to the credit of the

10  trust fund. The department shall be awarded a reasonable

11  attorney's fee for all actions taken to recover any sums paid

12  to persons from the trust fund pursuant to this section.

13         (9)  This section does not apply to any claim, and a

14  person may not recover against the trust fund as the result of

15  any claim, against a mobile home or recreational vehicle

16  dealer or broker resulting from a cause of action directly

17  related to the sale, lease-purchase, exchange, brokerage, or

18  installation of a mobile home or recreational vehicle prior to

19  October 1, 1990.

20         (10)  Neither the department, nor the trust fund shall

21  be liable to any person for recovery if the trust fund does

22  not have the moneys necessary to pay amounts claimed.  If the

23  trust fund does not have sufficient assets to pay the

24  claimant, it shall log the time and date of its determination

25  for payment to a claimant.  If moneys become available, the

26  department shall pay the claimant whose unpaid claim is the

27  earliest by time and date of determination.

28         (11)  It is unlawful for any person or his or her agent

29  to file any notice, statement, or other document required

30  under this section which is false or contains any material

31  misstatement of fact.  Any person who violates this subsection


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                                          HB 4765, First Engrossed



  1  is guilty of a misdemeanor of the second degree, punishable as

  2  provided in s. 775.082 or s. 775.083.

  3         Section 30.  Effective January 1, 1999, subsections

  4  (7), (8), (9), (10), (11), (12), (13), and (14) of section

  5  553.36, Florida Statutes, are renumbered as subsections (8),

  6  (9), (10), (11), (12), (13), (14), and (15), respectively, and

  7  new subsection (7) is added to said section, to read:

  8         (7)  "Division" means the Division of Factory-built

  9  Housing of the department.

10         Section 31.  Effective January 1, 1999, section 553.38,

11  Florida Statutes, is amended to read:

12         553.38  Application and scope.--

13         (1)  The department, through the division, shall adopt

14  promulgate rules which protect the health, safety, and

15  property of the people of this state by assuring that each

16  manufactured building is structurally sound and properly

17  installed on site and that plumbing, heating, electrical, and

18  other systems thereof are reasonably safe, and which interpret

19  and make specific the provisions of this part.

20         (2)  The division department shall enforce every

21  provision of this part and the rules adopted pursuant hereto,

22  except that local land use and zoning requirements, fire

23  zones, building setback requirements, side and rear yard

24  requirements, site development requirements, property line

25  requirements, subdivision control, and onsite installation

26  requirements, as well as the review and regulation of

27  architectural and aesthetic requirements, are specifically and

28  entirely reserved to local authorities.  Such local

29  requirements and rules which may be enacted by local

30  authorities must be reasonable and uniformly applied and

31  enforced without any distinction as to whether a building is a


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                                          HB 4765, First Engrossed



  1  conventionally constructed or manufactured building.  A local

  2  government shall require permit fees only for those

  3  inspections actually performed by the local government for the

  4  installation of a factory-built structure.  Such fees shall be

  5  equal to the amount charged for similar inspections on

  6  conventionally built housing.

  7         (3)  The division shall be responsible for

  8  administering, implementing, and enforcing the provisions of

  9  this part.

10         Section 32.  Effective January 1, 1999, section

11  553.431, Florida Statutes, is created to read:

12         553.431  Nonresident mobile home dealer's license.--

13         (1)  Any person who is a nonresident of the state, who

14  does not have a dealer's contract from the manufacturer or

15  manufacturer's distributor of mobile homes authorizing the

16  sale thereof in definite Florida territory, and who sells or

17  engages in the business of selling said vehicles at retail

18  within the state shall register with the Department of Revenue

19  for a sales tax dealer registration number and comply with

20  chapter 212, and pay a license tax of $2,000 per annum in each

21  county where such sales are made; $1,250 of said tax shall be

22  transmitted to the Department of Banking and Finance to be

23  deposited in the General Revenue Fund of the state, and $750

24  thereof shall be returned to the county.  The license tax

25  shall cover the period from January 1 to the following

26  December 31, and no such license shall be issued for any

27  fractional part of a year.

28         (2)  The acceptance by any person of a license under

29  this section shall be deemed equivalent to an appointment by

30  such person of the Secretary of State as the agent of such

31  person upon whom may be served all lawful process in any


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                                          HB 4765, First Engrossed



  1  action, suit, or proceeding against such person arising out of

  2  any transaction or operation connected with or incidental to

  3  any activities of such person carried on under such license,

  4  and the acceptance of such license shall be signification of

  5  the agreement of such person that any process against the

  6  person which is so served shall be of the same legal force and

  7  validity as if served personally on him or her. Service of

  8  such process shall be in accordance with and in the same

  9  manner as now provided for service of process upon

10  nonresidents under the provisions of chapter 48.

11         Section 33.  Effective January 1, 1999, section

12  553.4315, Florida Statutes, is created to read:

13         553.4315  Nonresident dealers in secondhand mobile

14  homes.--Every dealer in used or secondhand mobile homes who is

15  a nonresident of the state, does not have a permanent place of

16  business in this state, and has not qualified as a dealer

17  under the provisions of s. 553.432, and any person other than

18  a dealer qualified under the provisions of said s. 553.432,

19  who brings any used or secondhand mobile home into the state

20  for the purpose of sale, except to a dealer licensed under the

21  provisions of s. 553.432, shall, at least 10 days prior to the

22  sale of said mobile home, the offering of said mobile home for

23  sale, or the advertising of said mobile home for sale, make

24  and file with the division the official application for a

25  certificate of title for said mobile home as provided by law.

26  Any person who has had one or more transactions involving the

27  sale of three or more used or secondhand mobile homes in this

28  state during any 12-month period shall be deemed to be a

29  secondhand dealer in mobile homes.

30

31


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                                          HB 4765, First Engrossed



  1         Section 34.  Effective January 1, 1999, section 320.77,

  2  Florida Statutes, is transferred and renumbered as section

  3  553.432, Florida Statutes, and is amended to read:

  4         553.432 320.77  License required of mobile home

  5  dealers.--

  6         (1)  DEFINITIONS.--As used in this section:

  7         (a)  "Dealer" means any person engaged in the business

  8  of buying, selling, or dealing in mobile homes or offering or

  9  displaying mobile homes for sale.  The term "dealer" includes

10  a mobile home broker. Any person who buys, sells, deals in, or

11  offers or displays for sale, or who acts as the agent for the

12  sale of, one or more mobile homes in any 12-month period shall

13  be prima facie presumed to be a dealer. The terms "selling"

14  and "sale" include lease-purchase transactions. The term

15  "dealer" does not include banks, credit unions, and finance

16  companies that acquire mobile homes as an incident to their

17  regular business and does not include mobile home rental and

18  leasing companies that sell mobile homes to dealers licensed

19  under this section. A licensed dealer may transact business in

20  recreational vehicles with a motor vehicle auction as defined

21  in s. 320.27(1)(c)4.  Any licensed dealer dealing exclusively

22  in mobile homes shall not have benefit of the privilege of

23  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 which

31


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                                          HB 4765, First Engrossed



  1  is for sale or who assists or represents the seller in finding

  2  a 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 division department and

  9  subject to such rules as may be prescribed by it.  The

10  application shall be verified by oath or affirmation and shall

11  contain:

12         (a)  A full statement of the name and the date of birth

13  of the person or persons applying therefor.

14         (b)  The name of the firm or copartnership with the

15  names and places of residence of all its members, if the

16  applicant is a firm or copartnership.

17         (c)  The names and places of residence of the principal

18  officers, if the applicant is a body corporate or other

19  artificial body.

20         (d)  The name of the state under whose laws the

21  corporation is organized.

22         (e)  The former place or places of residence of the

23  applicant.

24         (f)  The prior businesses in which the applicant has

25  been engaged, the dates during which the applicant was engaged

26  in such businesses, and the locations thereof.

27         (g)  A description of the exact location of the place

28  of business, when it was acquired, and whether it is owned in

29  fee simple by the applicant. If leased, a true copy of the

30  lease shall be attached to the application.

31


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                                          HB 4765, First Engrossed



  1         (h)  Certification by the applicant that the location

  2  is a permanent one, not a tent or a temporary stand or other

  3  temporary quarters; and, except in the case of a mobile home

  4  broker, that the location affords sufficient unoccupied space

  5  to store all mobile homes offered and displayed for sale; and

  6  that the location is a suitable place in which the applicant

  7  can in good faith carry on business and keep and maintain

  8  books, records, and files necessary to conduct such business,

  9  which will be available at all reasonable hours to inspection

10  by the department or any of its inspectors or other employees.

11  This subsection shall not preclude a licensed mobile home

12  dealer from displaying and offering for sale mobile homes in a

13  mobile home park.

14         (i)  Certification by the applicant that the business

15  of a mobile home dealer is the principal business which shall

16  be conducted at that location; however, this provision shall

17  not apply to mobile home park operators licensed as mobile

18  home dealers.

19         (j)  Such other relevant information as may be required

20  by the division department. Each applicant, general partner in

21  the case of a partnership, or corporate officer and director

22  in the case of a corporate applicant, must file a set of

23  fingerprints with the division department for the purpose of

24  determining any prior criminal record or any outstanding

25  warrants.  The division department shall submit the

26  fingerprinting to the Department of Law Enforcement for state

27  processing and forwarding to the Federal Bureau of

28  Investigation for federal processing.  The actual cost of such

29  state and federal processing shall be borne by the applicant

30  and is to be in addition to the fee for licensure. The

31  division department may issue a license to an applicant


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                                          HB 4765, First Engrossed



  1  pending the results of the fingerprint investigation, which

  2  license is fully revocable if the division department

  3  subsequently determines that any facts set forth in the

  4  application are not true or correctly represented.

  5

  6  The division department shall, if it deems necessary, cause an

  7  investigation to be made to ascertain if the facts set forth

  8  in the application are true and shall not issue a license to

  9  the applicant until it is satisfied that the facts set forth

10  in the application are true.

11         (4)  FEES.--Upon making initial application, the

12  applicant shall pay to the division department a fee of $300

13  in addition to any other fees now required by law.  The fee

14  for renewal application shall be $100.  The fee for

15  application for change of location shall be $25.  Any

16  applicant for renewal who has failed to submit his or her

17  renewal application by October 1 shall pay a renewal

18  application fee equal to the original application fee.  No fee

19  is refundable. All fees shall be deposited into the Mobile

20  Home Protection Trust Fund General Revenue Fund.

21         (5)  DENIAL OF LICENSE.--The division department may

22  deny any applicant a license on the ground that:

23         (a)  The applicant has made a material misstatement in

24  his or her application for a license.

25         (b)  The applicant has failed to comply with any

26  applicable provision of this part chapter.

27         (c)  The applicant has failed to provide warranty

28  service.

29         (d)  The applicant or one or more of his or her

30  principals or agents has violated any law, rule, or regulation

31  relating to the sale of mobile homes.


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                                          HB 4765, First Engrossed



  1         (e)  The division department has proof of unfitness of

  2  the 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 any of the

  7  provisions of the National Mobile Home Construction and Safety

  8  Standards Act of 1974 or any rule or regulation of the

  9  Department of Housing and Urban Development adopted

10  promulgated thereunder.

11

12  Upon denial of a license, the division department shall notify

13  the applicant within 10 days, stating in writing its grounds

14  for denial.  The applicant is entitled to a public hearing and

15  may request that such hearing be held within 45 days of denial

16  of the license.  All proceedings shall be pursuant to chapter

17  120.

18         (6)  LICENSE CERTIFICATE.--A license certificate shall

19  be issued by the division department in accordance with the

20  application when the same is regular in form and in compliance

21  with the provisions of this section.  The license certificate

22  may be in the form of a document or a computerized card as

23  determined by the division department. The cost of each

24  original, additional, or replacement computerized card shall

25  be borne by the licensee and is in addition to the fee for

26  licensure.  The fees charged applicants for both the required

27  background investigation and the computerized card as provided

28  in this section shall be deposited into the Factory-built

29  Housing Highway Safety Operating Trust Fund. The license, when

30  so issued, shall entitle the licensee to carry on and conduct

31  the business of a mobile home dealer at the location set forth


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                                          HB 4765, First Engrossed



  1  in the license for a period of 1 year from October 1 preceding

  2  the date of issuance. Each initial application received by the

  3  division department shall be accompanied by verification that,

  4  within the preceding 6 months, the applicant or one or more of

  5  his or her designated employees has attended a training and

  6  information seminar conducted by the division department or by

  7  a public or private provider approved by the division

  8  department. Such seminar shall include, but not be limited to,

  9  statutory dealer requirements, which requirements include

10  required bookkeeping and recording procedures, requirements

11  for the collection of sales and use taxes, and such other

12  information that in the opinion of the division department

13  will promote good business practices.

14         (7)  SUPPLEMENTAL LICENSE.--Any person licensed

15  pursuant to this section shall be entitled to operate one or

16  more additional places of business under a supplemental

17  license for each such business if the ownership of each

18  business is identical to that of the principal business for

19  which the original license is issued. Each supplemental

20  license shall run concurrently with the original license and

21  shall be issued upon application by the licensee on a form to

22  be furnished by the division department and payment of a fee

23  of $50 for each such license.  Only one licensed dealer shall

24  operate at the same place of business.  A supplemental license

25  authorizing off-premises sales shall be issued, at no charge

26  to the dealer, for a period not to exceed 10 consecutive

27  calendar days.

28         (8)  RECORDS TO BE KEPT BY LICENSEE.--Each licensee

29  shall keep records in such form as shall be prescribed by the

30  division department. Such records shall include:

31


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                                          HB 4765, First Engrossed



  1         (a)  A record of the purchase, sale, or exchange, or

  2  receipt for the purpose of sale, of any mobile home;

  3         (b)  The description of each such mobile home,

  4  including the identification or serial number and such other

  5  numbers or identification marks as may be thereon, and a

  6  statement that a number has been obliterated, defaced, or

  7  changed, if such fact is apparent; and

  8         (c)  The name and address of the seller, the purchaser,

  9  and the alleged owner or other person from whom the mobile

10  home was purchased or received and the person to whom it was

11  sold or delivered, as the case may be.

12         (9)  EVIDENCE OF TITLE REQUIRED.--The licensee shall

13  also have in his or her possession for each new mobile home a

14  manufacturer's invoice or statement of origin, and for each

15  used mobile home a properly assigned certificate of title or

16  registration certificate if the used mobile home was

17  previously registered in a nontitle state, from the time the

18  mobile home is delivered to the licensee until it has been

19  disposed of by him or her.

20         (10)  SETUP OPERATIONS.--Each licensee may perform

21  setup operations only as defined in s. 553.434 320.822, and

22  the division department shall provide by rule for the uniform

23  application of all existing statutory provisions relating to

24  licensing and setup operations.

25         (11)  PENALTY.--The violation of any provision of this

26  section is a misdemeanor of the second degree, punishable as

27  provided in s. 775.082 or s. 775.083.

28         (12)  INJUNCTION.--In addition to the remedies provided

29  in this chapter, and notwithstanding the existence of any

30  adequate remedy at law, the division department is authorized

31  to make application to any circuit court of the state, and the


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                                          HB 4765, First Engrossed



  1  circuit court shall have jurisdiction, upon a hearing and for

  2  cause shown, to grant a temporary or permanent injunction

  3  restraining any person from acting as a mobile home dealer

  4  under the terms of this section who is not properly licensed

  5  or who violates or fails or refuses to comply with any of the

  6  provisions of chapter 319 and this part chapter or any rule or

  7  regulation adopted thereunder. Such injunction shall be issued

  8  without bond. A single act in violation of the provisions of

  9  chapter 319 or this part chapter shall be sufficient to

10  authorize the issuance of an injunction.

11         (13)  SUSPENSION OR REVOCATION.--The division

12  department shall, as it deems necessary, either suspend or

13  revoke any license issued hereunder upon a finding that the

14  licensee violated any provision of this section or of any

15  other law of this state having to do with dealing in mobile

16  homes or perpetrated a fraud upon any person as a result of

17  such dealing in mobile homes.

18         (14)  ADMINISTRATIVE FINES.--In addition to the

19  exercise of other powers provided in this section, the

20  division department is authorized to assess, impose, levy, and

21  collect by legal process fines, in an amount not to exceed

22  $1,000 for each violation, against any licensee if it finds

23  that a licensee has violated any provision of this section or

24  has violated any other law of this state having to do with

25  dealing in mobile homes motor vehicles. Any licensee shall be

26  entitled to a hearing pursuant to chapter 120 should the

27  licensee wish to contest the fine levied, or about to be

28  levied, upon him or her.

29         (15)  BOND.--

30         (a)  Before any license shall be issued or renewed, the

31  applicant shall deliver to the division department a good and


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                                          HB 4765, First Engrossed



  1  sufficient surety bond, executed by the applicant as principal

  2  and by a surety company qualified to do business in the state

  3  as surety.  The bond shall be in a form to be approved by the

  4  division department and shall be conditioned upon the dealer's

  5  complying with the conditions of any written contract made by

  6  the dealer in connection with the sale, exchange, or

  7  improvement of any mobile home and his or her not violating

  8  any of the provisions of chapter 319 or this part chapter in

  9  the conduct of the business for which the dealer is licensed.

10  The bond shall be to the division department and in favor of

11  any retail customer who shall suffer any loss as a result of

12  any violation of the conditions hereinabove contained.  The

13  bond shall be for the license period, and a new bond or a

14  proper continuation certificate shall be delivered to the

15  division department at the beginning of each license period.

16  However, the aggregate liability of the surety in any one

17  license year shall in no event exceed the sum of such bond.

18  The amount of the bond required shall be as follows:

19         1.  A single dealer who buys, sells, or deals in mobile

20  homes and who has four or fewer supplemental licenses shall

21  provide a surety bond in the amount of $25,000.

22         2.  A single dealer who buys, sells, or deals in mobile

23  homes and who has more than four supplemental licenses shall

24  provide a surety bond in the amount of $50,000.

25

26  For the purposes of this paragraph, any person who buys,

27  sells, or deals in both mobile homes and recreational vehicles

28  shall provide the same surety bond required of dealers who

29  buy, sell, or deal in mobile homes only.

30         (b)  The division department shall, upon denial,

31  suspension, or revocation of any license, notify the surety


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                                          HB 4765, First Engrossed



  1  company of the licensee, in writing, that the license has been

  2  denied, suspended, or revoked and shall state the reason for

  3  such denial, suspension, or revocation.

  4         (c)  Any surety company which pays any claim against

  5  the bond of any licensee shall notify the division department,

  6  in writing, that it has paid such a claim and shall state the

  7  amount of the claim.

  8         (d)  Any surety company which cancels the bond of any

  9  licensee shall notify the division department, in writing, of

10  such cancellation, giving reason for the cancellation.

11         Section 35.  Effective January 1, 1999, section

12  553.433, Florida Statutes, is created to read:

13         553.433  Factory-built Housing Trust Fund.--

14         (1)  There is hereby established a Factory-built

15  Housing Trust Fund.  The trust fund shall be administered and

16  managed by the Division of Factory-built Housing of the

17  Department of Community Affairs.  The expenses incurred by the

18  division in administering this section shall be paid only from

19  appropriations made from the trust fund.

20         (2)  Beginning October 1, 1999, the division shall

21  charge and collect an additional fee of $1 for each new mobile

22  home transaction for which it charges a fee.  This additional

23  fee shall be deposited into the trust fund.  The division

24  shall charge a fee of $40 per annual dealer and manufacturer

25  license and license renewal, which shall be deposited into the

26  trust fund. The sums deposited in the trust fund shall be used

27  exclusively for carrying out the purposes of this section.

28  These sums may be invested and reinvested by the Treasurer

29  under the same limitations as apply to investment of other

30  state funds, with all interest from these investments

31  deposited to the credit of the trust fund.


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                                          HB 4765, First Engrossed



  1         (3)  The trust fund shall be used to satisfy any

  2  judgment by any person, as provided by this section, against a

  3  mobile home dealer or broker for damages, restitution, or

  4  expenses, including reasonable attorney's fees, resulting from

  5  a cause of action directly related to the conditions of any

  6  written contract made by him or her in connection with the

  7  sale, exchange, or improvement of any mobile home, or for any

  8  violation of this part.

  9         (4)  The trust fund shall not be liable for any

10  judgment, or part thereof, resulting from any tort claim

11  except as expressly provided in subsection (3), nor for any

12  punitive, exemplary, double, or treble damages.  A person, the

13  state, or any political subdivision thereof may recover

14  against the mobile home dealer, broker, or surety, jointly and

15  severally, for such damages, restitution, or expenses;

16  provided, however, that in no event shall the trust fund or

17  the surety be liable for an amount in excess of actual

18  damages, restitution, or expenses.

19         (5)  Subject to the limitations and requirements of

20  this section, the trust fund shall be used by the division to

21  compensate persons who have unsatisfied judgments, or in

22  certain limited circumstances unsatisfied claims, against a

23  mobile home dealer or broker in one of the following

24  situations:

25         (a)  The claimant has obtained a final judgment which

26  is unsatisfied against the mobile home dealer or broker or its

27  surety jointly and severally, or against the mobile home

28  dealer or broker only, if the court found that the surety was

29  not liable due to prior payment of valid claims against the

30  bond in an amount equal to, or greater than, the face amount

31  of the applicable bond.


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                                          HB 4765, First Engrossed



  1         (b)  The claimant has obtained a judgment against the

  2  surety of the mobile home dealer or broker that is

  3  unsatisfied.

  4         (c)  The claimant has alleged a claim against the

  5  mobile home dealer or broker in a lawsuit which has been

  6  stayed or discharged as a result of the filing for

  7  reorganization or discharge in bankruptcy by the dealer or

  8  broker, and judgment against the surety is not possible

  9  because of the bankruptcy or liquidation of the surety, or

10  because the surety has been found by a court of competent

11  jurisdiction not to be liable due to prior payment of valid

12  claims against the bond in an amount equal to, or greater

13  than, the face amount of the applicable bond.

14         (6)  In order to recover from the trust fund, the

15  person must file an application and verified claim with the

16  department.

17         (a)  If the claimant has obtained a judgment which is

18  unsatisfied against the mobile home dealer or broker or its

19  surety as set forth in this section, the verified claim must

20  specify the following:

21         1.a.  That the judgment against the mobile home dealer

22  or broker and its surety has been entered; or

23         b.  That the judgment against the mobile home dealer or

24  broker contains a specific finding that the surety has no

25  liability, that execution has been returned unsatisfied, and

26  that a judgment lien has been perfected;

27         2.  The amount of actual damages broken down by

28  category as awarded by the court or jury in the cause which

29  resulted in the unsatisfied judgment, and the amount of

30  attorney's fees set forth in the unsatisfied judgment;

31


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                                          HB 4765, First Engrossed



  1         3.  The amount of payment or other consideration

  2  received, if any, from the mobile home dealer or broker or its

  3  surety;

  4         4.  The amount that may be realized, if any, from the

  5  sale of real or personal property or other assets of the

  6  judgment debtor liable to be sold or applied in satisfaction

  7  of the judgment and the balance remaining due on the judgment

  8  after application of the amount which has been realized and a

  9  certification that the claimant has made a good faith effort

10  to collect the judgment; and

11         5.  Such other information as the division requires.

12         (b)  If the claimant has alleged a claim as set forth

13  in paragraph (5)(c) and for the reasons set forth therein has

14  not been able to secure a judgment, the verified claim must

15  contain the following:

16         1.  A true copy of the pleadings in the lawsuit which

17  was stayed or discharged by the bankruptcy court and the order

18  of the bankruptcy court staying those proceedings;

19         2.  Allegations of the acts or omissions by the mobile

20  home dealer or broker setting forth the specific acts or

21  omissions complained of which resulted in actual damage to the

22  person, along with the actual dollar amount necessary to

23  reimburse or compensate the person for costs or expenses

24  resulting from the acts or omissions of which the person

25  complained;

26         3.  True copies of all purchase agreements, notices,

27  service or repair orders or papers or documents of any kind

28  whatsoever which the person received in connection with the

29  purchase, exchange, or lease-purchase of the mobile home from

30  which the person's cause of action arises; and

31         4.  Such other information as the division requires.


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                                          HB 4765, First Engrossed



  1         (c)  The division may require such proof as it deems

  2  necessary to document the matters set forth in the claim.

  3         (7)  Within 90 days after receipt of the application

  4  and verified claim, the division shall issue its determination

  5  on the claim.  Such determination shall not be subject to the

  6  provisions of chapter 120, but shall be reviewable only by

  7  writ of certiorari in the circuit court in the county in which

  8  the claimant resides in the manner and within the time

  9  provided by the Florida Rules of Appellate Procedure.  The

10  claim must be paid within 45 days after the determination, or,

11  if judicial review is sought, within 45 days after the review

12  becomes final.  A person may not be paid an amount from the

13  fund in excess of $25,000 per mobile home.  Prior to payment,

14  the person must execute an assignment to the division of all

15  the person's rights and title to, and interest in, the

16  unsatisfied judgment and judgment lien or the claim against

17  the dealer or broker and its surety.

18         (8)  The division, in its discretion and where

19  feasible, may try to recover from the mobile home dealer or

20  broker, or the judgment debtor or its surety, all sums paid to

21  persons from the trust fund.  Any sums recovered shall be

22  deposited to the credit of the trust fund. The division shall

23  be awarded a reasonable attorney's fee for all actions taken

24  to recover any sums paid to persons from the trust fund

25  pursuant to this section.

26         (9)  This section does not apply to any claim, and a

27  person may not recover against the trust fund as the result of

28  any claim, against a mobile home dealer or broker resulting

29  from a cause of action directly related to the sale,

30  lease-purchase, exchange, brokerage, or installation of a

31  mobile home prior to October 1, 1999.


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                                          HB 4765, First Engrossed



  1         (10)  Neither the division, nor the trust fund shall be

  2  liable to any person for recovery if the trust fund does not

  3  have the moneys necessary to pay amounts claimed.  If the

  4  trust fund does not have sufficient assets to pay the

  5  claimant, it shall log the time and date of its determination

  6  for payment to a claimant.  If moneys become available, the

  7  department shall pay the claimant whose unpaid claim is the

  8  earliest by time and date of determination.

  9         (11)  It is unlawful for any person or his or her agent

10  to file any notice, statement, or other document required

11  under this section which is false or contains any material

12  misstatement of fact.  Any person who violates this subsection

13  is guilty of a misdemeanor of the second degree, punishable as

14  provided in s. 775.082 or s. 775.083.

15         Section 36.  Effective January 1, 1999, section

16  553.434, Florida Statutes, is created to read:

17         553.434  Definitions.--In construing ss.

18  553.434-553.458, unless the context otherwise requires, the

19  following words or phrases have the following meanings:

20         (1)  "Buyer" means a person who purchases at retail

21  from a dealer or manufacturer a mobile home for his or her own

22  use as a residence, or other related use.

23         (2)  "Code" means the appropriate standards found in:

24         (a)  The Federal Manufactured Housing Construction and

25  Safety Standards for single-family mobile homes, adopted by

26  the Department of Housing and Urban Development;

27         (b)  The Uniform Standards Code approved by the

28  American National Standards Institute, ANSI A-119.2 for

29  recreational vehicles and ANSI A-119.5 for park trailers or

30  the United States Department of Housing and Urban Development

31


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                                          HB 4765, First Engrossed



  1  standard for park trailers certified as meeting that standard;

  2  or

  3         (c)  The Mobile Home Repair and Remodeling Code and

  4  Used Recreational Vehicle Code.

  5         (3)  "Construction" means the minimum requirements for

  6  materials, products, equipment, and workmanship needed to

  7  assure that the mobile home will provide structural strength

  8  and rigidity; protection against corrosion, decay, and other

  9  similar destructive forces; resistance to the elements; and

10  durability and economy of maintenance.

11         (4)  "Institute" means the United States of America

12  Standards Institute.

13         (5)  "Length," for purposes of transportation only,

14  means the distance from the extreme front of the mobile home,

15  to the extreme rear, including the drawbar and coupling

16  mechanism, but not including expandable features that do not

17  project from the body during transportation.

18         (6)  "Length of a mobile home" means the distance from

19  the exterior of the front wall (nearest to the drawbar and

20  coupling mechanism) to the exterior of the rear wall (at the

21  opposite end of the home) where such walls enclose living or

22  other interior space and such distance includes expandable

23  rooms but not bay windows, porches, drawbars, couplings,

24  hitches, wall and roof extensions, or other attachments.

25         (7)  "Licensee" means any person licensed or required

26  to be licensed under s. 553.435.

27         (8)  "Mobile home dealer" means any person engaged in

28  the business of buying, selling, or dealing in mobile homes or

29  offering or displaying mobile homes for sale.  Any person who

30  buys, sells, or deals in one or more mobile homes in any

31  12-month period or who offers or displays for sale one or more


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                                          HB 4765, First Engrossed



  1  mobile homes in any 12-month period shall be prima facie

  2  presumed to be engaged in the business of a mobile home

  3  dealer.  The terms "selling" and "sale" include lease-purchase

  4  transactions.  The term "mobile home dealer" does not include

  5  a bank, credit union, or finance company that acquires mobile

  6  homes as an incident to its regular business, does not include

  7  a mobile home rental or leasing company that sells mobile

  8  homes to mobile home dealers licensed under s. 553.432, and

  9  does not include persons who are selling their own mobile

10  homes.

11         (9)  "Mobile home manufacturer" means any person,

12  resident or nonresident, who, as a trade or commerce,

13  manufactures or assembles mobile homes.

14         (10)  "Responsible party" means a manufacturer, dealer,

15  or supplier.

16         (11)  "Seal" or "label" means a device issued by the

17  department certifying that a mobile home meets the appropriate

18  code, which device is to be displayed on the exterior of the

19  mobile home.

20         (12)  "Setup" means the operations performed at the

21  occupancy site which render a mobile home or park trailer fit

22  for habitation. Such operations include, but are not limited

23  to, transporting, positioning, blocking, leveling, supporting,

24  tying down, connecting utility systems, making minor

25  adjustments, or assembling multiple or expandable units.

26         (13)  "Substantial defect" means:

27         (a)  Any substantial deficiency or defect in materials

28  or workmanship occurring to a mobile home which has been

29  reasonably maintained and cared for in normal use.

30

31


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                                          HB 4765, First Engrossed



  1         (b)  Any structural element, utility system, or

  2  component of the mobile home, which fails to comply with the

  3  code.

  4         (14)  "Supplier" means the original producer of

  5  completed components, including refrigerators, stoves, hot

  6  water heaters, dishwashers, cabinets, air conditioners,

  7  heating units, and similar components, which are furnished to

  8  a manufacturer or dealer for installation in the mobile home

  9  prior to sale to a buyer.

10         (15)  "Width of a mobile home" means the distance from

11  the exterior of one side wall to the exterior of the opposite

12  side wall where such walls enclose living or other interior

13  space and such distance includes expandable rooms but not bay

14  windows, porches, wall and roof extensions, or other

15  attachments.

16         (16)  "Body size" of a park trailer means the distance

17  from the exterior side or end to the opposite exterior side or

18  end of the body. Such distance includes expandable rooms, bay

19  windows, wall and roof extensions, or other extrusions in the

20  travel mode, except park trailers constructed to ANSI A-119.5

21  shall not exceed 400 square feet. Park trailers constructed to

22  the United States Department of Housing and Urban Development

23  standard shall not exceed 500 square feet. All square footage

24  measurements are of the exterior when in setup mode and do not

25  include bay windows.

26         Section 37.  Effective January 1, 1999, section

27  553.435, Florida Statutes, is created to read:

28         553.435  Mobile home manufacturer's license.--

29         (1)  LICENSE REQUIRED.--Any person who engages in the

30  business of a mobile home manufacturer in this state, or who

31  manufactures mobile homes out of state which are ultimately


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                                          HB 4765, First Engrossed



  1  offered for sale in this state, shall obtain annually a

  2  license for each factory location in this state and for each

  3  factory location out of state which manufactures mobile homes

  4  for sale in this state, prior to distributing mobile homes for

  5  sale in this state.

  6         (2)  APPLICATION.--The application for a license shall

  7  be in the form prescribed by the division and shall contain

  8  sufficient information to disclose the identity, location, and

  9  responsibility of the applicant.  The application shall also

10  include a copy of the warranty and a complete statement of any

11  service agreement or policy to be utilized by the applicant,

12  any information relating to the applicant's solvency and

13  financial standing, and any other pertinent matter

14  commensurate with safeguarding the public.  The division may

15  prescribe an abbreviated application for renewal of a license

16  if the licensee had previously filed an initial application

17  pursuant to this section.  The application for renewal shall

18  include any information necessary to bring current the

19  information required in the initial application.

20         (3)  FEES.--Upon making initial application, the

21  applicant shall pay to the division a fee of $300.  Upon

22  making renewal application, the applicant shall pay to the

23  division a fee of $100.  Any applicant for renewal who has

24  failed to submit his or her renewal application by October 1

25  shall pay a renewal application fee equal to the original

26  application fee.  No fee is refundable.  All fees shall be

27  deposited into the Factory-built Housing Trust Fund.

28         (4)  NONRESIDENT.--Any person applying for a license

29  who is not a resident of this state shall have designated an

30  agent for service of process pursuant to s. 48.181.

31         (5)  REQUIREMENT OF ASSURANCE.--


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                                          HB 4765, First Engrossed



  1         (a)  Annually, prior to the receipt of a license to

  2  manufacture mobile homes, the applicant or licensee shall

  3  submit a surety bond, cash bond, or letter of credit from a

  4  financial institution, or a proper continuation certificate,

  5  sufficient to assure satisfaction of claims against the

  6  licensee for failure to comply with appropriate code

  7  standards, failure to provide warranty service, or violation

  8  of any provisions of this section. The amount of the surety

  9  bond, cash bond, or letter of credit shall be $50,000. Only

10  one surety bond, cash bond, or letter of credit shall be

11  required for each manufacturer, regardless of the number of

12  factory locations. The surety bond, cash bond, or letter of

13  credit shall be to the division, in favor of any retail

14  customer who shall suffer loss arising out of noncompliance

15  with code standards or failure to honor or provide warranty

16  service. The division shall have the right to disapprove any

17  bond or letter of credit that does not provide assurance as

18  provided in this section.

19         (b)  The division shall adopt rules pursuant to chapter

20  120 consistent with this section in providing assurance of

21  satisfaction of claims.

22         (c)  The division shall, upon denial, suspension, or

23  revocation of any license, notify the surety company of the

24  licensee, in writing, that the license has been denied,

25  suspended, or revoked and shall state the reason for such

26  denial, suspension, or revocation.

27         (d)  Any surety company which pays any claim against

28  the bond of any licensee shall notify the division, in

29  writing, that it has paid such a claim and shall state the

30  amount of the claim.

31


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                                          HB 4765, First Engrossed



  1         (e)  Any surety company which cancels the bond of any

  2  licensee shall notify the division, in writing, of such

  3  cancellation, giving reason for the cancellation.

  4         (6)  LICENSE YEAR.--A license issued to a mobile home

  5  manufacturer entitles the licensee to conduct the business of

  6  a mobile home manufacturer for a period of 1 year from October

  7  1 preceding the date of issuance.

  8         (7)  DENIAL OF LICENSE.--The division may deny a mobile

  9  home manufacturer's license on the ground that:

10         (a)  The applicant has made a material misstatement in

11  his or her application for a license.

12         (b)  The applicant has failed to comply with any

13  applicable provision of this chapter.

14         (c)  The applicant has failed to provide warranty

15  service.

16         (d)  The applicant or one or more of his or her

17  principals or agents has violated any law, rule, or regulation

18  relating to the manufacture or sale of mobile homes.

19         (e)  The division has proof of unfitness of the

20  applicant.

21         (f)  The applicant or licensee has engaged in previous

22  conduct in any state which would have been a ground for

23  revocation or suspension of a license in this state.

24         (g)  The applicant or licensee has violated any of the

25  provisions of the National Mobile Home Construction and Safety

26  Standards Act of 1974 or any rule or regulation of the

27  Department of Housing and Urban Development promulgated

28  thereunder.

29

30  Upon denial of a license, the division shall notify the

31  applicant within 10 days, stating in writing its grounds for


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                                          HB 4765, First Engrossed



  1  denial.  The applicant is entitled to a public hearing and may

  2  request that such hearing be held within 45 days of denial of

  3  the license.  All proceedings shall be pursuant to chapter

  4  120.

  5         (8)  REVOCATION OR SUSPENSION OF LICENSE.--The division

  6  shall suspend or, in the case of a subsequent offense, shall

  7  revoke any license upon a finding that the licensee violated

  8  any provision of this part or any other law of this state

  9  regarding the manufacture, warranty, or sale of mobile homes.

10  When any license has been revoked or suspended by the

11  division, it may be reinstated if the division finds that the

12  former licensee has complied with all applicable requirements

13  of this part and an application for a license is refiled

14  pursuant to this section.

15         (9)  CIVIL PENALTIES; PROCEDURE.--In addition to the

16  exercise of other powers provided in this section, the

17  division is authorized to assess, impose, levy, and collect by

18  legal process a civil penalty, in an amount not to exceed

19  $1,000 for each violation, against any licensee if it finds

20  that a licensee has violated any provision of this section or

21  has violated any other law of this state having to do with

22  dealing in mobile homes.  Any licensee shall be entitled to a

23  hearing pursuant to chapter 120 should the licensee wish to

24  contest the fine levied, or about to be levied, upon him or

25  her.

26         Section 38.  Effective January 1, 1999, section

27  320.823, Florida Statutes, is transferred and renumbered as

28  section 553.436, Florida Statutes.

29         Section 39.  Effective January 1, 1999, section

30  553.4365, Florida Statutes, is created to read:

31


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                                          HB 4765, First Engrossed



  1         553.4365  Establishment of uniform standards for park

  2  trailers.--Park trailers exceeding 400 square feet shall meet

  3  the Federal Manufactured Home Construction and Safety

  4  Standards and shall have a United States Department of Housing

  5  and Urban Development label.

  6         Section 40.  Effective January 1, 1999, section

  7  553.437, Florida Statutes, is created to read:

  8         553.437  Rules and regulations, changes and

  9  modifications of standards.--

10         (1)  The division may make such rules and regulations

11  as it shall deem necessary or proper for the effective

12  administration and enforcement of ss. 553.431-553.458 and may

13  adopt any changes in, or additions to, the standards adopted

14  in s. 553.436 or s. 553.4365, which are approved and

15  officially published by the institute or adopted by the

16  Department of Housing and Urban Development subsequent to the

17  effective date of this act.

18         (2)  The division or its authorized agent may enter any

19  place or establishment where mobile homes are manufactured,

20  sold, or offered for sale, for the purpose of ascertaining

21  whether the requirements of the code and the regulations

22  adopted by the department have been met.

23         Section 41.  Effective January 1, 1999, section

24  553.438, Florida Statutes, is created to read:

25         553.438  Limitation of alteration or modification to

26  mobile homes.--

27         (1)  LIMITATION OF ALTERATIONS OR MODIFICATIONS.--No

28  alteration or modification shall be made to a mobile home by a

29  licensed dealer after shipment from the manufacturer's plant

30  unless such alteration or modification is authorized in this

31  section.


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                                          HB 4765, First Engrossed



  1         (2)  EFFECT ON MOBILE HOME WARRANTY.--Unless an

  2  alteration or modification is performed by a qualified person

  3  as defined in subsection (4), the warranty responsibility of

  4  the manufacturer as to the altered or modified item shall be

  5  void.

  6         (a)  An alteration or modification performed by a

  7  mobile home dealer or his or her agent or employee shall place

  8  warranty responsibility for the altered or modified item upon

  9  the dealer. If the manufacturer fulfills, or is required to

10  fulfill, the warranty on the altered or modified item, he or

11  she shall be entitled to recover damages in the amount of his

12  or her costs and attorneys' fees from the dealer.

13         (b)  An alteration or modification performed by a

14  mobile home owner or his or her agent shall render the

15  manufacturer's warranty as to that item void.  A statement

16  shall be displayed clearly and conspicuously on the face of

17  the warranty that the warranty is void as to the altered or

18  modified item if the alteration or modification is performed

19  by other than a qualified person.  Failure to display such

20  statement shall result in warranty responsibility on the

21  manufacturer.

22         (3)  AUTHORITY OF THE DEPARTMENT.--The division is

23  authorized to adopt rules and regulations pursuant to chapter

24  120 which define the alterations or modifications which must

25  be made by qualified personnel.  The division may regulate

26  only those alterations and modifications which substantially

27  impair the structural integrity or safety of the mobile home.

28         (4)  DESIGNATION AS A QUALIFIED PERSON.--

29         (a)  In order to be designated as a person qualified to

30  alter or modify a mobile home, a person must comply with local

31  or county licensing or competency requirements in skills


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                                          HB 4765, First Engrossed



  1  relevant to performing alterations or modifications on mobile

  2  homes.

  3         (b)  When no local or county licensing or competency

  4  requirements exist, the division may certify persons to

  5  perform mobile home alterations or modifications.  The

  6  division shall by rule or regulation determine what skills and

  7  competency requirements are requisite to the issuance of a

  8  certification.  A fee sufficient to cover the costs of issuing

  9  certifications may be charged by the division.  The

10  certification shall be valid for a period which terminates

11  when the county or other local governmental unit enacts

12  relevant competency or licensing requirements.  The

13  certification shall be valid only in counties or localities

14  without licensing or competency requirements.

15         (c)  The division shall determine which counties and

16  localities have licensing or competency requirements adequate

17  to eliminate the requirement of certification.  This

18  determination shall be based on a review of the relevant

19  county or local standards for adequacy in regulating persons

20  who perform alterations or modifications to mobile homes. The

21  division shall find local or county standards adequate when

22  minimal licensing or competency standards are provided.

23         Section 42.  Effective January 1, 1999, section

24  320.8249, Florida Statutes, is transferred and renumbered as

25  section 553.439, Florida Statutes, and is amended to read:

26         553.439 320.8249  Mobile home installers license.--

27         (1)  Any person who engages in mobile home installation

28  shall obtain a mobile home installers license from the

29  division Bureau of Mobile Home and Recreational Vehicle

30  Construction of the Department of Highway Safety and Motor

31


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                                          HB 4765, First Engrossed



  1  Vehicles pursuant to this section.  Said license shall be

  2  renewed annually, and each licensee shall pay a fee of $150.

  3         (2)  The division Department of Highway Safety and

  4  Motor Vehicles shall issue a license as a mobile home

  5  installer to any person who applies to the department, pays

  6  the appropriate application fee, not to exceed $100, as set by

  7  division department rule, and complies with subsection (3).

  8         (3)  In order to obtain licensure as a mobile home

  9  installer, the applicant must be at least 18 years old, must

10  hold a valid performance bond in an amount set by division

11  department rule, not to exceed $5,000, conditioned upon proper

12  performance of mobile home installation and weather-sealing

13  duties for a period of 1 year, must carry liability insurance

14  in an amount determined by division department rule, not to

15  exceed $100,000, must complete a minimum 8-hour training

16  course approved by the division department, and must pass a

17  division-approved department-approved examination designed to

18  test the skills necessary to properly and competently perform

19  mobile home installation and to ascertain that the applicant

20  has adequate knowledge of federal, state, and local laws

21  applicable to mobile home installation contracting.  The

22  division department may charge an examination fee sufficient

23  to defray the costs of developing or obtaining and providing

24  the examination, not to exceed $100.  Any licensed dealer or

25  licensed manufacturer who has subcontracted with an installer

26  for installation and who remedies any faulty installation

27  performed by said installer shall have recourse against said

28  installer's performance bond.

29         (4)  Notwithstanding the provisions of subsection (3),

30  any person who can show that he or she had been engaged in the

31  business of mobile home installation on October 1, 1999 1996,


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                                          HB 4765, First Engrossed



  1  shall be exempted until October 1, 2000 1997, from the

  2  requirement for completing training and for passing an

  3  examination in order to be licensed by the department as a

  4  mobile home installer and shall be licensed upon application,

  5  provided he or she has complied with all requirements of

  6  subsection (3), other than the training and examination

  7  requirements.  No person shall be licensed or remain licensed

  8  as a mobile home installer subsequent to October 1, 2000 1997,

  9  who has not taken and passed the department-approved mobile

10  home installer examination.

11         (5)  A direct employee of a licensed mobile home

12  installer working under the supervision of the licensee and

13  within the job scope of the licensee is not required to be

14  licensed as a mobile home installer.  The licensed mobile home

15  installer is responsible for supervising all such employees

16  and for the proper and competent performance of all employees

17  working under his or her supervision.

18         (6)  "Installation," as used herein, is synonymous with

19  "setup" as defined in s. 553.434 320.822(14).

20         (7)  No person shall:

21         (a)  Falsely hold himself or herself or a business

22  organization out as a licensed mobile home installer;

23         (b)  Falsely impersonate a licensed mobile home

24  installer;

25         (c)  Present as his or her own the mobile home

26  installers license of another;

27         (d)  Knowingly give false or forged evidence to the

28  division department;

29         (e)  Use or attempt to use a mobile home installers

30  license which has been suspended or revoked; or

31


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                                          HB 4765, First Engrossed



  1         (f)  Engage in the business or act in the capacity of a

  2  licensed mobile home installer or advertise himself or herself

  3  or a business organization as available to engage in the

  4  business or act in the capacity of a mobile home installer

  5  without being duly licensed.

  6         (8)  Any unlicensed person who violates any of the

  7  provisions of subsection (7) is guilty of a misdemeanor of the

  8  first degree, punishable as provided in s. 775.082 or s.

  9  775.083.

10         (9)  No licensed person nor licensed applicant shall:

11         (a)  Obtain a mobile home installers license by fraud

12  or misrepresentation.

13         (b)  Be convicted or found guilty of, or enter a plea

14  of nolo contendere to, regardless of adjudication, a crime in

15  any jurisdiction which directly relates to the practice of

16  mobile home installation or the ability to practice.

17         (c)  Violate any lawful order of the division

18  department.

19         (d)  Commit fraud or deceit in the practice of

20  contracting.

21         (e)  Commit incompetence or misconduct in the practice

22  of contracting.

23         (f)  Commit gross negligence, repeated negligence, or

24  negligence resulting in a significant danger to life or

25  property.

26         (g)  Commit violations of the installation standards

27  for mobile homes or manufactured homes contained in rules

28  15C-1.0102 to 15C-1.0104, Florida Administrative Code.

29         (10)  Any licensed person or license applicant who

30  violates any provision of subsection (9) may have any of the

31


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                                          HB 4765, First Engrossed



  1  following disciplinary penalties imposed by the division

  2  department:

  3         (a)  License revocation;

  4         (b)  License suspension;

  5         (c)  A fine not to exceed $1,000 per violation;

  6         (d)  A requirement to take and pass, or retake and

  7  pass, the department-approved examination;

  8         (e)  Probation;

  9         (f)  Probation subject to such restriction of practice

10  as the division department chooses to impose;

11         (g)  A notice of noncompliance; or

12         (h)  Refusal of licensure application.

13         (11)  Licensed mobile home dealers and licensed mobile

14  home manufacturers are exempt from requirements to obtain a

15  license as a mobile home installer and may perform mobile home

16  installation.  Any licensed dealer or licensed manufacturer

17  who does not subcontract with a licensed installer and who

18  performs his or her own installations, either himself or

19  herself or through direct employees, shall have at least one

20  employee who has completed an 8-hour installation training

21  course, as approved by the division department. Licensed

22  mobile home dealers and mobile home manufacturers are subject

23  to discipline against their license for violation of

24  subsection (9).

25         (12)  The regulation of manufactured home installers or

26  mobile home installers is preempted to the state, and no

27  person may perform mobile home installation unless licensed

28  pursuant to this section, regardless of whether that person

29  holds a local license.

30         (13)  No county, municipality, or other unit of local

31  government may require additional licensing of a duly licensed


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                                          HB 4765, First Engrossed



  1  installer who performs setup operations as defined in s.

  2  553.434 320.822.  However, a county, municipality, or other

  3  unit of local government may require an installer to obtain a

  4  local occupational license, which license shall not require

  5  for its issuance any conditions other than those required by

  6  this act and payment of the appropriate occupational license

  7  fee.

  8         (14)  All installers, dealers, and manufacturers shall

  9  purchase installation decals from the division Department of

10  Highway Safety and Motor Vehicles for a fee not to exceed $10

11  per decal.  An installation decal shall be affixed to the

12  manufactured home or mobile home prior to installation.  This

13  decal shall denote the date of installation, the name of the

14  installer, and the number of the installer's license or the

15  dealer or manufacturer license number.  Such decal shall be

16  positioned immediately next to the HUD decal.

17         (15)  In performing the installation, installers shall

18  not perform plumbing or electrical activities prohibited by

19  division department rules related to setup operations pursuant

20  to s. 553.434 320.822.

21         (16)  Funds received by the department pursuant to this

22  section shall be deposited in the Highway Safety Operating

23  Trust Fund.

24         (17)  When mobile homeowners in a mobile home park

25  obtain evaluations of the wind resistance of their mobile

26  homes and make improvements in accordance thereto using funds

27  from the General Appropriations Act pursuant to s. 627.0629,

28  the applicable local, county, or municipal government may

29  charge only one building permit or any other applicable fee or

30  change, not to exceed the usual permit fee or charge that

31  would have applied to a single mobile homeowner, for the


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                                          HB 4765, First Engrossed



  1  entire mobile home park in which such evaluations are being

  2  performed. There are hereby appropriated five positions and

  3  $219,295 from the Highway Safety Operating Trust Fund in the

  4  Department of Highway Safety and Motor Vehicles to implement

  5  the provisions of this section.

  6         Section 43.  Effective January 1, 1999, section

  7  320.8255, Florida Statutes, is transferred and renumbered as

  8  section 553.440, Florida Statutes, and is amended to read:

  9         553.440 320.8255  Mobile home inspection.--

10         (1)  In order to ensure the highest degree of quality

11  control in the construction of new mobile homes, each new

12  mobile home sold in the state shall be inspected by the

13  division department pursuant to procedures developed by the

14  division department which assure compliance with code

15  provisions.  The division department may adopt reasonable

16  rules and regulations pursuant to chapter 120 for the

17  implementation and enforcement of this inspection.

18         (2)  Division Department inspectors shall make

19  unannounced visits to manufacturing plants or take any other

20  appropriate action which assures compliance with the code.

21         (3)  Mobile home manufacturers and dealers shall be

22  charged a fee for special inspections, including, but not

23  limited to, plant approvals, 100 percent plant inspections,

24  increased frequency inspections, reinspections, and special

25  consumer complaint investigations as requested by a

26  manufacturer or dealer or as may be deemed necessary by the

27  division department.

28         (4)  The division department shall determine fees for

29  special inspections and for the seal authorized under s.

30  553.441 320.827 which are sufficient to cover the cost of

31  inspection and administration under this section.  Fees


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                                          HB 4765, First Engrossed



  1  collected shall be deposited into the Factory-built Housing

  2  Trust General Revenue Fund.

  3         Section 44.  Effective January 1, 1999, section

  4  320.827, Florida Statutes, is transferred and renumbered as

  5  section 553.441, Florida Statutes, and is amended to read:

  6         553.441 320.827  Label; procedures for issuance;

  7  certification; requirements.--No dealer shall sell or offer

  8  for sale in this state any new mobile home manufactured after

  9  January 1, 2001 1968, unless the mobile home bears a label and

10  the certification by the manufacturer that the mobile home to

11  which the label is attached meets or exceeds the appropriate

12  code.  Any mobile home bearing the insignia of approval

13  pursuant to this section shall be deemed to comply with the

14  requirements of all local government ordinances or rules which

15  govern construction, and no mobile home bearing the division

16  department insignia of approval shall be in any way modified

17  except in compliance with this chapter. Labels may be issued

18  by the division department when applied for with an affidavit

19  certifying that the dealer or manufacturer applying will not

20  attach a label to any new mobile home that does not meet or

21  exceed the appropriate code. No mobile home may be

22  manufactured in this state unless it bears a label and

23  certification that the mobile home meets or exceeds the code.

24  The label for each mobile home shall be displayed in a manner

25  to be prescribed by the division department.

26         Section 45.  Effective January 1, 1999, section

27  320.8285, Florida Statutes, is transferred and renumbered as

28  section 553.442, Florida Statutes, and is amended to read:

29         553.442 320.8285  Onsite inspection.--

30         (1)  Each county or municipality in this state shall

31  prepare and adopt a plan providing for an onsite inspection of


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                                          HB 4765, First Engrossed



  1  each mobile home located within such entity. The onsite

  2  inspection shall ensure compliance with state and local

  3  building codes, ordinances, and regulations regarding such

  4  functions as blocking and leveling, tie-downs, utility

  5  connections, conversions of appliances, and external

  6  improvements on the mobile home. If a mobile home is

  7  manufactured in conformity with the code, as established in s.

  8  553.436 320.823, a county may not require modification of the

  9  mobile home in order to comply with local tie-down

10  regulations.

11         (2)  When a county or municipality has not prepared and

12  adopted a plan providing for onsite inspection, the division

13  department shall prepare a minimum onsite inspection plan for

14  such county. The division department may adopt promulgate

15  reasonable rules and regulations pursuant to chapter 120 in

16  preparing and enforcing such a minimum onsite inspection plan.

17         (3)  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 division department

20  shall designate the persons who are to perform the onsite

21  inspection. No person shall be designated to perform onsite

22  inspections unless such person is competent in the areas of

23  mobile home blocking and leveling, tie-downs, utility

24  connections, conversions of appliances, and external

25  improvements. Pursuant to the onsite inspection, each mobile

26  home shall be issued a certificate of occupancy if the mobile

27  home complies with state and local building codes, ordinances,

28  and regulations regarding such functions as blocking and

29  leveling, tie-downs, utility connections, conversion of

30  appliances, and external improvements to the mobile home.

31


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                                          HB 4765, First Engrossed



  1         (4)  Fees for onsite inspections and certificates of

  2  occupancy of mobile homes shall be reasonable for the services

  3  performed.  A guideline for fee schedules shall be issued by

  4  the division department.

  5         (5)  The division Department of Highway Safety and

  6  Motor Vehicles shall enforce every provision of this section

  7  and the regulations adopted pursuant hereto, except that local

  8  land use and zoning requirements, fire zones, building setback

  9  and side and rear yard requirements, site development and

10  property line requirements, subdivision control, and onsite

11  installation requirements, as well as review and regulation of

12  architectural and aesthetic requirements, are hereby

13  specifically and entirely reserved to local jurisdictions.

14  However, any architectural or aesthetic requirement imposed on

15  the mobile home structure itself may pertain only to roofing

16  and siding materials. Such local requirements and regulations

17  and others for manufactured homes must be reasonable,

18  uniformly applied, and enforced without distinctions as to

19  whether such housing is manufactured, located in a mobile home

20  park or a mobile home subdivision, or built in a conventional

21  manner. No local jurisdiction shall prohibit siting or

22  resiting of used mobile homes based solely on the date the

23  unit was manufactured.

24         (6)  Park trailers are subject to inspection in the

25  same manner as are mobile homes pursuant to this section.

26         Section 46.  Effective January 1, 1999, section

27  320.830, Florida Statutes, is transferred and renumbered as

28  section 553.443, Florida Statutes, and is amended to read:

29         553.443 320.830  Reciprocity.--If any other state has

30  codes for mobile homes at least equal to those established by

31  this part chapter, the division department, upon determining


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                                          HB 4765, First Engrossed



  1  that such standards are being enforced by an independent

  2  inspection agency, shall place the other state on a

  3  reciprocity list, which list shall be available to any

  4  interested person.  Any mobile home that bears a seal of any

  5  state which has been placed on the reciprocity list may not be

  6  required to bear the seal of this state.  A mobile home that

  7  does not bear the label herein provided shall not be permitted

  8  to be manufactured or offered for sale by a manufacturer or

  9  dealer anywhere within the geographical limits of this state

10  unless the mobile home is designated for delivery into another

11  state that has not adopted a code entitling the state to be

12  placed on the reciprocity list.

13         Section 47.  Effective January 1, 1999, section

14  320.831, Florida Statutes, is transferred and renumbered as

15  section 553.444, Florida Statutes, and is amended to read:

16         553.444 320.831  Penalties.--

17         (1)  Whoever violates any provision of the National

18  Mobile Home Construction and Safety Standards Act of 1974, 42

19  U.S.C. ss. 5401 et seq., or any rules, regulations, or final

20  order issued thereunder shall be liable for a civil penalty

21  not to exceed $1,000 for each such violation.  Each violation

22  of a provision of the act or any rule, regulation, or order

23  issued thereunder shall constitute a separate violation with

24  respect to each mobile home or with respect to each failure or

25  refusal to allow or perform an act required thereby, except

26  that the maximum civil penalty may not exceed $1 million for

27  any related series of violations occurring within 1 year from

28  the date of the first violation.

29         (2)  Any individual, or a director, officer, or agent

30  of a corporation, who knowingly and willfully violates the

31  provisions of s. 610 of the National Mobile Home Construction


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                                          HB 4765, First Engrossed



  1  and Safety Standards Act of 1974 in a manner which threatens

  2  the health or safety of any purchaser is guilty of a

  3  misdemeanor of the first degree, punishable as provided in s.

  4  775.082 or s. 775.083.

  5         (3)  Any manufacturer, dealer, or inspector who

  6  violates or fails to comply with any of the provisions of ss.

  7  553.434-553.456 320.822-320.862 or any of the rules adopted by

  8  the department is guilty of a misdemeanor of the first degree,

  9  punishable as provided in s. 775.082 or s. 775.083, provided

10  such violation is not also a violation of the National Mobile

11  Home Construction and Safety Standards Act of 1974 or any

12  rule, regulation, or final order issued thereunder.

13         Section 48.  Effective January 1, 1999, section

14  320.8325, Florida Statutes, is transferred and renumbered as

15  section 553.445, Florida Statutes, and is amended to read:

16         553.445 320.8325  Mobile homes and park trailers;

17  tie-down requirements; minimum installation standards;

18  injunctions; penalty.--

19         (1)  The owner of a mobile home or park trailer shall

20  secure the mobile home or park trailer to the ground by the

21  use of anchors and tie-downs so as to resist wind overturning

22  and sliding. However, nothing herein shall be construed as

23  requiring that anchors and tie-downs be installed to secure

24  mobile homes or park trailers which are permanently attached

25  to a permanent structure. A permanent structure shall have a

26  foundation and such other structural elements as are required

27  pursuant to rules and regulations promulgated by the division

28  department which assure the rigidity and stability of the

29  mobile home or park trailer.

30         (a)  A mobile home or park trailer manufactured in

31  accordance with the code standards and labeled "hurricane and


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                                          HB 4765, First Engrossed



  1  windstorm resistive" shall be anchored to each anchor point

  2  provided on the mobile home or park trailer.  A mobile home or

  3  park trailer which does not meet these standards must be

  4  anchored with anchor points spaced as required by the division

  5  department starting at each end of the mobile home or park

  6  trailer.

  7         (b)  In addition, each mobile home or park trailer

  8  shall be tied down by one of the following means:

  9         1.  A mobile home or park trailer having built-in,

10  over-the-roof ties shall be secured by the tie-down points,

11  provided such built-in ties and points meet the standards

12  adopted promulgated by the division department.

13         2.  A mobile home or park trailer not having built-in,

14  over-the-roof ties and tie-down points which meet division

15  department standards shall be secured in accordance with

16  standards adopted promulgated by the division department.

17         (2)  The division department shall adopt promulgate

18  rules and regulations setting forth minimum standards for the

19  manufacture or installation of anchors, tie-downs,

20  over-the-roof ties, or other reliable methods of securing

21  mobile homes or park trailers when over-the-roof ties are not

22  suitable due to factors such as unreasonable cost, design of

23  the mobile home or park trailer, or potential damage to the

24  mobile home or park trailer.  Such devices required under this

25  section, when properly installed, shall cause the mobile home

26  or park trailer to resist wind overturning and sliding.  In

27  adopting promulgating such rules and regulations, the division

28  department may make such discriminations regarding mobile home

29  or park trailer tie-down requirements as are reasonable when

30  factors such as age, location, and practicality of tying down

31  a mobile home or park trailer are considered.


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                                          HB 4765, First Engrossed



  1         (3)(a)  Persons licensed in this state to engage in the

  2  business of insuring mobile homes or park trailers that are

  3  subject to the provisions of this section against damage from

  4  windstorm shall issue such insurance only if the mobile home

  5  or park trailer has been anchored and tied down in accordance

  6  with the provisions of this section.

  7         (b)  In the event that a mobile home or park trailer is

  8  insured against damage caused by windstorm and subsequently

  9  sustains windstorm damage of a nature that indicates that the

10  mobile home or park trailer was not anchored or tied down in

11  the manner required by this section, the person issuing the

12  policy shall not be relieved from meeting the obligations

13  specified in the insurance policy with respect to such damage

14  on the basis that the mobile home or park trailer was not

15  properly anchored or tied down.

16         (4)  Whenever a person who engages in the business of

17  installing anchors, tie-downs, or over-the-roof ties or who

18  engages in the business of manufacturing, distributing, or

19  dealing in such devices for use in this state does so in a

20  manner that is not in accordance with the minimum standards

21  set forth by the division department, a person aggrieved

22  thereby may bring an action in the appropriate court for

23  actual damages. In addition, the court may provide appropriate

24  equitable relief, including the enjoining of a violator from

25  engaging in the business or from engaging in further

26  violations.  Whenever it is established to the satisfaction of

27  the court that a willful violation has occurred, the court

28  shall award punitive damages to the aggrieved party.  The

29  losing party may be liable for court costs and reasonable

30  attorney's fees incurred by the prevailing party.

31


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                                          HB 4765, First Engrossed



  1         (5)  In addition to other penalties provided in this

  2  section, the division department or the state attorneys and

  3  their assistants are authorized to apply to the circuit courts

  4  within their respective jurisdictions, and such courts shall

  5  have jurisdiction, upon hearing and for cause shown, to grant

  6  temporary or permanent injunctions restraining any persons

  7  engaging in the business of manufacturing, distributing, or

  8  dealing in anchors, tie-downs, or over-the-roof ties from

  9  manufacturing or selling such devices in a manner not in

10  accordance with the minimum standards set forth by the

11  division department or restraining any persons in the business

12  of installing anchors, tie-downs, or over-the-roof ties from

13  utilizing devices that do not meet the minimum standards set

14  forth by the division department or from installing such

15  devices in a manner not in accordance with the minimum

16  standards set forth by the division department, whether or not

17  there exists an adequate remedy at law, and such injunctions

18  shall issue without bond.

19         (6)  This section only applies to a mobile home or park

20  trailer that is being used as a dwelling place and that is

21  located on a particular location for a period of time

22  exceeding 14 days, for a mobile home, or 45 days, for a park

23  trailer.

24         (7)  For the purposes of this section, the definitions

25  set forth in s. 553.434 320.822 apply.

26         Section 49.  Effective January 1, 1999, section

27  553.446, Florida Statutes, is created to read:

28         553.446  Retention, destruction, and reproduction of

29  records.--Records and documents of the division, created in

30  compliance with and in the implementation of this part, shall

31  be retained by the division as specified in record retention


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                                          HB 4765, First Engrossed



  1  schedules established under the general provisions of chapter

  2  119. Further, the division is hereby authorized:

  3         (1)  To destroy, or otherwise dispose of, those records

  4  and documents, in conformity with the approved retention

  5  schedules.

  6         (2)  To photograph, microphotograph, or reproduce on

  7  film, as authorized and directed by the approved retention

  8  schedules, whereby each page will be exposed in exact

  9  conformity with the original records and documents retained in

10  compliance with the provisions of this section.  Photographs

11  or microphotographs in the form of film or print of any

12  records, made in compliance with the provisions of this

13  section, shall have the same force and effect as the originals

14  thereof would have and shall be treated as originals for the

15  purpose of their admissibility in evidence.  Duly certified or

16  authenticated reproductions of such photographs or

17  microphotographs shall be admitted in evidence equally with

18  the original photographs or microphotographs.

19         Section 50.  Effective January 1, 1999, section

20  320.8335, Florida Statutes, is transferred and renumbered as

21  section 553.447, Florida Statutes.

22         Section 51.  Effective January 1, 1999, section

23  553.448, Florida Statutes, is created to read:

24         553.448  Purpose.--It is the intent of the Legislature

25  to ensure the safety and welfare of residents of mobile homes

26  through an inspection program conducted by the division.

27  Mobile homes are a primary housing resource of many of the

28  residents of the state and satisfy a large segment of

29  statewide housing needs.  It is the further intent of the

30  Legislature that the division, mobile home dealers, and mobile

31  home manufacturers continue to work together to meet the


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                                          HB 4765, First Engrossed



  1  applicable code requirements for mobile homes and that such

  2  dealers and manufacturers share the responsibilities of

  3  warranting mobile homes in accordance with applicable codes

  4  and resolving legitimate consumer complaints in a timely,

  5  efficient manner.

  6         Section 52.  Effective January 1, 1999, section

  7  553.449, Florida Statutes, is created to read:

  8         553.449  Mobile home warranties.--Each manufacturer,

  9  dealer, and supplier of mobile homes shall warrant each new

10  mobile home sold in this state and the setup of each such

11  mobile home, in accordance with the warranty requirements

12  prescribed by this section, for a period of at least 12

13  months, measured from the date of delivery of the mobile home

14  to the buyer.  The warranty requirements of each manufacturer,

15  dealer, and supplier of mobile homes are as follows:

16         (1)  The manufacturer warrants:

17         (a)  For a mobile home, that all structural elements;

18  plumbing systems; heating, cooling, and fuel-burning systems;

19  electrical systems; fire prevention systems; and any other

20  components or conditions included by the manufacturer are free

21  from substantial defect.

22         (b)  That 100-ampere electrical service exists in the

23  mobile home.

24         (2)  The dealer warrants:

25         (a)  That any modifications or alterations made to the

26  mobile home by the dealer or authorized by the dealer shall be

27  free from substantial defect. Alterations or modifications

28  made by a dealer shall relieve the manufacturer of warranty

29  responsibility only as to the item altered or modified.

30         (b)  That setup operations performed on the mobile home

31  are performed in compliance with s. 553.445.


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                                          HB 4765, First Engrossed



  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, then the warranty

  9  responsibility of the manufacturer or dealer as to setup shall

10  be limited to transporting the mobile home to the occupancy

11  site free from substantial defect.

12         (3)  The supplier warrants that any warranties

13  generally offered in the ordinary sale of his or her product

14  to consumers shall be extended to buyers of mobile homes.

15  When no warranty is extended by suppliers, the manufacturer

16  shall assume warranty responsibility for that component.

17         Section 53.  Effective January 1, 1999, section

18  553.450, Florida Statutes, is created to read:

19         553.450  Presenting warranty claim.--The claim in

20  writing, stating the substance of the warranty defect, may be

21  presented to the manufacturer, dealer, or supplier. When the

22  person notified is not the responsible party he or she shall

23  inform the claimant and shall notify the responsible party of

24  the warranty claim immediately.

25         Section 54.  Effective January 1, 1999, section

26  553.451, Florida Statutes, is created to read:

27         553.451  Warranty service.--

28         (1)  When a service agreement exists between

29  manufacturers, dealers, and suppliers to provide warranty

30  service, the agreement may specify which party is to remedy

31  warranty defects.  However, when a warranty defect is not


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                                          HB 4765, First Engrossed



  1  properly remedied, the responsible party as determined

  2  pursuant to s. 553.449 shall be responsible for providing

  3  warranty service.

  4         (2)  When no service agreement exists for warranty

  5  service, the responsible party as designated by s. 553.449 is

  6  responsible for remedying the warranty defect.

  7         (3)  The defect shall be remedied within 30 days of

  8  receipt of the written notification of the warranty claim

  9  unless the claim is unreasonable or bona fide reasons exist

10  for not remedying the defect.  When sufficient reasons exist

11  for not remedying the defect or the claim is unreasonable, the

12  responsible party shall respond to the claimant in writing

13  with its reasons for not promptly remedying the defect and

14  what further action is contemplated by the responsible party.

15         (4)  When the person remedying the defect is not the

16  responsible party as designated by s. 553.449 he or she shall

17  be entitled to reasonable compensation paid to him or her by

18  the responsible party. Conduct which coerces or requires a

19  nonresponsible party to perform warranty service is a

20  violation of this section.

21         (5)  Warranty service shall be performed at the site at

22  which the mobile home is initially delivered to the buyer,

23  except for components which can be removed for service without

24  substantial expense or inconvenience to the buyer.

25         Section 55.  Effective January 1, 1999, section

26  553.452, Florida Statutes, is created to read:

27         553.452  Civil action.--Notwithstanding the existence

28  of other remedies, a buyer may bring a civil suit for damages

29  against a responsible party who fails to satisfactorily

30  resolve a warranty claim.  Damages shall be the actual costs

31  of remedying the defect.  Court costs and reasonable attorney


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                                          HB 4765, First Engrossed



  1  fees may be awarded to the prevailing party. When the court

  2  finds that failure to honor warranty claims is a consistent

  3  pattern of conduct of the responsible party, or that the

  4  defect is so severe as to significantly impair the safety of

  5  the mobile home, it may assess punitive damages against the

  6  responsible party.

  7         Section 56.  Effective January 1, 1999, section

  8  553.453, Florida Statutes, is created to read:

  9         553.453  Cumulative remedies.--The warranty provided

10  for in this act shall be in addition to, and not in derogation

11  of, any other rights and privileges which the buyer may have

12  under any other law or instrument.  The manufacturer, dealer

13  or supplier shall not require the buyer to waive his or her

14  rights under this act or any other rights under law.  Any such

15  waiver shall be deemed contrary to public policy and

16  unenforceable and void.

17         Section 57.  Effective January 1, 1999, section

18  320.840, Florida Statutes, is transferred and renumbered as

19  section 553.454, Florida Statutes.

20         Section 58.  Effective January 1, 1999, section

21  553.455, Florida Statutes, is created to read:

22         553.455  Inspection of records; production of evidence;

23  subpoena power.--

24         (1)  The division may inspect the pertinent books,

25  records, letters, and contracts of any licensee, whether

26  dealer or manufacturer, relating to any written complaint made

27  to it against such licensee.

28         (2)  The division is granted and authorized to exercise

29  the power of subpoena for the attendance of witnesses and the

30  production of any documentary evidence necessary to the

31


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                                          HB 4765, First Engrossed



  1  disposition by it of any written complaint against any

  2  licensee, whether dealer or manufacturer.

  3         Section 59.  Effective January 1, 1999, section

  4  553.456, Florida Statutes, is created to read:

  5         553.456  Revocation of license held by firms or

  6  corporations.--If any applicant or licensee is a firm or

  7  corporation, it shall be sufficient cause for the denial,

  8  suspension, or revocation of a license that any officer,

  9  director, or trustee of the firm or corporation, or any member

10  in case of a partnership, has been guilty of an act or

11  omission which would be cause for refusing, suspending, or

12  revoking a license to such party as an individual.  Each

13  licensee shall be responsible for the acts of any of its

14  employees while acting as its agent if the licensee approved

15  of, or had knowledge of, the acts or other similar acts and,

16  after such approval or knowledge, retained the benefits,

17  proceeds, profits, or advantages accruing from, or otherwise

18  ratified, the acts.

19         Section 60.  Effective January 1, 1999, section

20  553.457, Florida Statutes, is created to read:

21         553.457  Maintenance of records by the division.--The

22  division shall maintain uniform records of all complaints

23  filed against licensees licensed under the provisions of ss.

24  553.432 and 553.435, any other provision of this part to the

25  contrary notwithstanding. The records shall contain all

26  enforcement actions taken against licensees and against

27  unlicensed persons acting in a capacity which would require

28  them to be licensed under those sections.  The permanent file

29  of each licensee and unlicensed person shall contain a record

30  of any complaints filed against him or her and a record of any

31  enforcement actions taken against him or her.  All complaints


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                                          HB 4765, First Engrossed



  1  and satisfactions thereof and enforcement actions on each

  2  licensee and unlicensed person shall be entered into the

  3  central database in such a manner that rapid retrieval will be

  4  facilitated.  The complainant and the referring agency, if

  5  there is one, shall be advised of the disposition by the

  6  division of the complaint within 10 days after such action.

  7         Section 61.  Effective January 1, 1999, section

  8  553.458, Florida Statutes, is created to read:

  9         553.458  Transactions by electronic or telephonic

10  means.--The division is authorized to accept any application

11  provided for under this chapter by electronic or telephonic

12  means.

13         Section 62.  Effective January 1, 1999, paragraph (b)

14  of subsection (1) of section 161.55, Florida Statutes, is

15  amended to read:

16         161.55  Requirements for activities or construction

17  within the coastal building zone.--The following requirements

18  shall apply beginning March 1, 1986, to construction within

19  the coastal building zone and shall be minimum standards for

20  construction in this area:

21         (1)  STRUCTURAL REQUIREMENTS; MAJOR STRUCTURES.--

22         (b)  Mobile homes shall conform to the Federal Mobile

23  Home Construction and Safety Standards or the Uniform

24  Standards Code ANSI book A-119.1, pursuant to s. 553.436

25  320.823, and to the requirements of paragraph (c).

26         Section 63.  Effective January 1, 1999, subsection (2)

27  of section 319.001, Florida Statutes, is amended to read:

28         319.001  Definitions.--As used in this chapter, the

29  term:

30         (2)  "Licensed dealer," unless otherwise specifically

31  provided, means a motor vehicle dealer licensed under s.


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                                          HB 4765, First Engrossed



  1  320.27, a mobile home dealer licensed under s. 553.432 320.77,

  2  or a recreational vehicle dealer licensed under s. 320.771.

  3         Section 64.  Effective January 1, 1999, paragraph (d)

  4  of subsection (1) of section 320.131, Florida Statutes, is

  5  amended to read:

  6         320.131  Temporary tags.--

  7         (1)  The department is authorized and empowered to

  8  design, issue, and regulate the use of temporary tags to be

  9  designated "temporary tags" for use in the following cases:

10         (d)  For banks, credit unions, and other financial

11  institutions which are not required to be licensed under the

12  provisions of s. 320.27, s. 553.432 320.77, or s. 320.771, but

13  need temporary tags for the purpose of demonstrating

14  repossessions for sale.

15

16  Further, the department is authorized to disallow the purchase

17  of temporary tags by licensed dealers, common carriers, or

18  financial institutions in those cases where abuse has

19  occurred.

20         Section 65.  Effective January 1, 1999, subsection (9)

21  of section 320.27, Florida Statutes, is amended to read:

22         320.27  Motor vehicle dealers.--

23         (9)  DENIAL, SUSPENSION, OR REVOCATION.--The department

24  may deny, suspend, or revoke any license issued hereunder or

25  under the provisions of s. 320.77 or s. 320.771, upon proof

26  that a licensee has failed to comply with any of the following

27  provisions with sufficient frequency so as to establish a

28  pattern of wrongdoing on the part of the licensee:

29         (a)  Willful violation of any other law of this state,

30  including chapter 319, this chapter, or ss. 559.901-559.9221,

31  which has to do with dealing in or repairing motor vehicles or


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                                          HB 4765, First Engrossed



  1  mobile homes or willful failure to comply with any

  2  administrative rule promulgated by the department.

  3         (b)  Commission of fraud or willful misrepresentation

  4  in application for or in obtaining a license.

  5         (c)  Perpetration of a fraud upon any person as a

  6  result of dealing in motor vehicles, including, without

  7  limitation, the misrepresentation to any person by the

  8  licensee of the licensee's relationship to any manufacturer,

  9  importer, or distributor.

10         (d)  Representation that a demonstrator is a new motor

11  vehicle, or the attempt to sell or the sale of a demonstrator

12  as a new motor vehicle without written notice to the purchaser

13  that the vehicle is a demonstrator. For the purposes of this

14  section, a "demonstrator," a "new motor vehicle," and a "used

15  motor vehicle" shall be defined as under s. 320.60.

16         (e)  Unjustifiable refusal to comply with a licensee's

17  responsibility under the terms of the new motor vehicle

18  warranty issued by its respective manufacturer, distributor,

19  or importer. However, if such refusal is at the direction of

20  the manufacturer, distributor, or importer, such refusal shall

21  not be a ground under this section.

22         (f)  Misrepresentation or false, deceptive, or

23  misleading statements with regard to the sale or financing of

24  motor vehicles which any motor vehicle dealer has, or causes

25  to have, advertised, printed, displayed, published,

26  distributed, broadcast, televised, or made in any manner with

27  regard to the sale or financing of motor vehicles.

28         (g)  Requirement by any motor vehicle dealer that a

29  customer or purchaser accept equipment on his or her motor

30  vehicle which was not ordered by the customer or purchaser.

31


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                                          HB 4765, First Engrossed



  1         (h)  Requirement by any motor vehicle dealer that any

  2  customer or purchaser finance a motor vehicle with a specific

  3  financial institution or company.

  4         (i)  Failure by any motor vehicle dealer to provide a

  5  customer or purchaser with an odometer disclosure statement

  6  and a copy of any bona fide written, executed sales contract

  7  or agreement of purchase connected with the purchase of the

  8  motor vehicle purchased by the customer or purchaser.

  9         (j)  Failure of any motor vehicle dealer to comply with

10  the terms of any bona fide written, executed agreement,

11  pursuant to the sale of a motor vehicle.

12         (k)  Requirement by the motor vehicle dealer that the

13  purchaser of a motor vehicle contract with the dealer for

14  physical damage insurance.

15         (l)  Violation of any of the provisions of s. 319.35 by

16  any motor vehicle dealer.

17         (m)  Either a history of bad credit or an unfavorable

18  credit rating as revealed by the applicant's official credit

19  report or by investigation by the department.

20         (n)  Failure to disclose damage to a new motor vehicle

21  as defined in s. 320.60(10) of which the dealer had actual

22  knowledge if the dealer's actual cost of repair, excluding

23  tires, bumpers, and glass, exceeds 3 percent of the

24  manufacturer's suggested retail price; provided, however, if

25  only the application of exterior paint is involved, disclosure

26  shall be made if such touch-up paint application exceeds $100.

27         (o)  Failure to apply for transfer of a title as

28  prescribed in s. 319.23(6).

29         (p)  Use of the dealer license identification number by

30  any person other than the licensed dealer or his or her

31  designee.


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                                          HB 4765, First Engrossed



  1         (q)  Conviction of a felony.

  2         (r)  Failure to continually meet the requirements of

  3  the licensure law.

  4         (s)  When a motor vehicle dealer is convicted of a

  5  crime which results in his or her being prohibited from

  6  continuing in that capacity, the dealer may not continue in

  7  any capacity within the industry.  The offender shall have no

  8  financial interest, management, sales, or other role in the

  9  operation of a dealership.  Further, the offender may not

10  derive income from the dealership beyond reasonable

11  compensation for the sale of his or her ownership interest in

12  the business.

13         (t)  Representation to a customer or any advertisement

14  to the general public representing or suggesting that a motor

15  vehicle is a new motor vehicle if such vehicle lawfully cannot

16  be titled in the name of the customer or other member of the

17  general public by the seller using a manufacturer's statement

18  of origin as permitted in s. 319.23(1).

19         (u)  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.  A single

23  violation of this paragraph is sufficient for revocation or

24  suspension.  If the transaction is disputed, the maker of the

25  bank draft or check shall post a bond in accordance with the

26  provisions of s. 559.917, and no proceeding for revocation or

27  suspension shall be commenced until the dispute is resolved.

28         Section 66.  Effective January 1, 1999, section 320.28,

29  Florida Statutes, is amended to read:

30         320.28  Nonresident dealers in secondhand motor

31  vehicles or, recreational vehicles, or mobile homes.--Every


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                                          HB 4765, First Engrossed



  1  dealer in used or secondhand motor vehicles or, recreational

  2  vehicles, or mobile homes who is a nonresident of the state,

  3  does not have a permanent place of business in this state, and

  4  has not qualified as a dealer under the provisions of ss.

  5  320.27, 320.77, and 320.771, and any person other than a

  6  dealer qualified under the provisions of said ss. 320.27,

  7  320.77, and 320.771, who brings any used or secondhand motor

  8  vehicle or, recreational vehicle, or mobile home into the

  9  state for the purpose of sale, except to a dealer licensed

10  under the provisions of ss. 320.27, 320.77, and 320.771,

11  shall, at least 10 days prior to the sale of said vehicle, the

12  offering of said vehicle for sale, or the advertising of said

13  vehicle for sale, make and file with the department the

14  official application for a certificate of title for said

15  vehicle as provided by law.  Any person who has had one or

16  more transactions involving the sale of three or more used or

17  secondhand motor vehicles or, recreational vehicles, or mobile

18  homes in Florida during any 12-month period shall be deemed to

19  be a secondhand dealer in motor vehicles or, recreational

20  vehicles, or mobile homes.

21         Section 67.  Effective January 1, 1999, subsection (1)

22  of section 320.71, Florida Statutes, is amended to read:

23         320.71  Nonresident motor vehicle, mobile home, or

24  recreational vehicle dealer's license.--

25         (1)  Any person who is a nonresident of the state, who

26  does not have a dealer's contract from the manufacturer or

27  manufacturer's distributor of motor vehicles, mobile homes, or

28  recreational vehicles authorizing the sale thereof in definite

29  Florida territory, and who sells or engages in the business of

30  selling said vehicles at retail within the state shall

31  register with the Department of Revenue for a sales tax dealer


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                                          HB 4765, First Engrossed



  1  registration number and comply with chapter 212, and pay a

  2  license tax of $2,000 per annum in each county where such

  3  sales are made; $1,250 of said tax shall be transmitted to the

  4  Department of Banking and Finance to be deposited in the

  5  General Revenue Fund of the state, and $750 thereof shall be

  6  returned to the county.  The license tax shall cover the

  7  period from January 1 to the following December 31, and no

  8  such license shall be issued for any fractional part of a

  9  year.

10         Section 68.  Effective January 1, 1999, section

11  320.822, Florida Statutes, is amended to read:

12         320.822  Definitions.--In construing ss.

13  320.822-320.862, unless the context otherwise requires, the

14  following words or phrases have the following meanings:

15         (1)  "Buyer" means a person who purchases at retail

16  from a dealer or manufacturer a mobile home or recreational

17  vehicle for his or her own use as a residence, or other

18  related use.

19         (2)  "Code" means the appropriate standards found in:

20         (a)  The Federal Manufactured Housing Construction and

21  Safety Standards for single-family mobile homes, promulgated

22  by the Department of Housing and Urban Development;

23         (b)  the Uniform Standards Code approved by the

24  American National Standards Institute, ANSI A-119.2 for

25  recreational vehicles and ANSI A-119.5 for park trailers or

26  the United States Department of Housing and Urban Development

27  standard for park trailers certified as meeting that standard;

28  or

29         (c)  The Mobile Home Repair and Remodeling Code and the

30  Used Recreational Vehicle Code.

31


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                                          HB 4765, First Engrossed



  1         (3)  "Construction" means the minimum requirements for

  2  materials, products, equipment, and workmanship needed to

  3  assure that the mobile home or recreational vehicle will

  4  provide structural strength and rigidity; protection against

  5  corrosion, decay, and other similar destructive forces;

  6  resistance to the elements; and durability and economy of

  7  maintenance.

  8         (4)  "Institute" means the United States of America

  9  Standards Institute.

10         (5)  "Length," for purposes of transportation only,

11  means the distance from the extreme front of the mobile home

12  or recreational vehicle, to the extreme rear, including the

13  drawbar and coupling mechanism, but not including expandable

14  features that do not project from the body during

15  transportation.

16         (6)  "Length of a mobile home" means the distance from

17  the exterior of the front wall (nearest to the drawbar and

18  coupling mechanism) to the exterior of the rear wall (at the

19  opposite end of the home) where such walls enclose living or

20  other interior space and such distance includes expandable

21  rooms but not bay windows, porches, drawbars, couplings,

22  hitches, wall and roof extensions, or other attachments.

23         (6)(7)  "Licensee" means any person licensed or

24  required to be licensed under s. 320.8225.

25         (8)  "Mobile home dealer" means any person engaged in

26  the business of buying, selling, or dealing in mobile homes or

27  offering or displaying mobile homes for sale.  Any person who

28  buys, sells, or deals in one or more mobile homes in any

29  12-month period or who offers or displays for sale one or more

30  mobile homes in any 12-month period shall be prima facie

31  presumed to be engaged in the business of a mobile home


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                                          HB 4765, First Engrossed



  1  dealer.  The terms "selling" and "sale" include lease-purchase

  2  transactions.  The term "mobile home dealer" does not include

  3  a bank, credit union, or finance company that acquires mobile

  4  homes as an incident to its regular business, does not include

  5  a mobile home rental or leasing company that sells mobile

  6  homes to mobile home dealers licensed under s. 320.77, and

  7  does not include persons who are selling their own mobile

  8  homes.

  9         (7)(9)  "Recreational vehicle dealer" means any person

10  engaged in the business of buying, selling, or dealing in

11  recreational vehicles or offering or displaying recreational

12  vehicles for sale.  The term "dealer" includes a recreational

13  vehicle broker.  Any person who buys, sells, deals in, or

14  offers or displays for sale, or who acts as the agent for the

15  sale of, one or more recreational vehicles in any 12-month

16  period shall be prima facie presumed to be a dealer.  The

17  terms "selling" and "sale" include lease-purchase

18  transactions.  The term "dealer" does not include banks,

19  credit unions, and finance companies that acquire recreational

20  vehicles as an incident to their regular business and does not

21  include mobile home rental and leasing companies that sell

22  recreational vehicles to dealers licensed under s. 320.771.

23         (10)  "Mobile home manufacturer" means any person,

24  resident or nonresident, who, as a trade or commerce,

25  manufactures or assembles mobile homes.

26         (8)(11)  "Recreational vehicle manufacturer" means any

27  person, resident or nonresident, who, as a trade or commerce,

28  manufactures or assembles recreational vehicles or van-type

29  vehicles in such manner that they then qualify as recreational

30  vehicles, for sale in this state.

31


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                                          HB 4765, First Engrossed



  1         (9)(12)  "Responsible party" means a manufacturer,

  2  dealer, or supplier.

  3         (10)(13)  "Seal" or "label" means a device issued by

  4  the department certifying that a mobile home or recreational

  5  vehicle meets the appropriate code, which device is to be

  6  displayed on the exterior of the mobile home or recreational

  7  vehicle.

  8         (14)  "Setup" means the operations performed at the

  9  occupancy site which render a mobile home or park trailer fit

10  for habitation. Such operations include, but are not limited

11  to, transporting, positioning, blocking, leveling, supporting,

12  tying down, connecting utility systems, making minor

13  adjustments, or assembling multiple or expandable units.

14         (11)(15)  "Substantial defect" means:

15         (a)  Any substantial deficiency or defect in materials

16  or workmanship occurring to a mobile home or recreational

17  vehicle which has been reasonably maintained and cared for in

18  normal use.

19         (b)  Any structural element, utility system, or

20  component of the mobile home or recreational vehicle, which

21  fails to comply with the code.

22         (12)(16)  "Supplier" means the original producer of

23  completed components, including refrigerators, stoves, hot

24  water heaters, dishwashers, cabinets, air conditioners,

25  heating units, and similar components, which are furnished to

26  a manufacturer or dealer for installation in the mobile home

27  or recreational vehicle prior to sale to a buyer.

28         (17)  "Width of a mobile home" means the distance from

29  the exterior of one side wall to the exterior of the opposite

30  side wall where such walls enclose living or other interior

31  space and such distance includes expandable rooms but not bay


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                                          HB 4765, First Engrossed



  1  windows, porches, wall and roof extensions, or other

  2  attachments.

  3         (13)(18)  "Body size" of a park trailer, travel

  4  trailer, or fifth-wheel trailer means the distance from the

  5  exterior side or end to the opposite exterior side or end of

  6  the body. Such distance includes expandable rooms, bay

  7  windows, wall and roof extensions, or other extrusions in the

  8  travel mode. The following exceptions apply:

  9         (a)  Travel trailers shall not exceed 320 square feet.

10  All square footage measurements are of the exterior when in

11  setup mode, including bay windows.

12         (b)  Park trailers constructed to ANSI A-119.5 shall

13  not exceed 400 square feet. Park trailers constructed to the

14  United States Department of Housing and Urban Development

15  standard shall not exceed 500 square feet. All square footage

16  measurements are of the exterior when in setup mode and do not

17  include bay windows.

18         (b)(c)  Fifth-wheel trailers may not exceed 400 square

19  feet. All square footage measurements are of the exterior when

20  in setup mode, including bay windows.

21         Section 69.  Effective January 1, 1999, section

22  320.8225, Florida Statutes, is amended to read:

23         320.8225  Mobile home and Recreational vehicle

24  manufacturer's license.--

25         (1)  LICENSE REQUIRED.--Any person who engages in the

26  business of a mobile home or recreational vehicle manufacturer

27  in this state, or who manufactures mobile homes or

28  recreational vehicles out of state which are ultimately

29  offered for sale in this state, shall obtain annually a

30  license for each factory location in this state and for each

31  factory location out of state which manufactures mobile homes


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                                          HB 4765, First Engrossed



  1  or recreational vehicles for sale in this state, prior to

  2  distributing mobile homes or recreational vehicles for sale in

  3  this state.

  4         (2)  APPLICATION.--The application for a license shall

  5  be in the form prescribed by the department and shall contain

  6  sufficient information to disclose the identity, location, and

  7  responsibility of the applicant.  The application shall also

  8  include a copy of the warranty and a complete statement of any

  9  service agreement or policy to be utilized by the applicant,

10  any information relating to the applicant's solvency and

11  financial standing, and any other pertinent matter

12  commensurate with safeguarding the public.  The department may

13  prescribe an abbreviated application for renewal of a license

14  if the licensee had previously filed an initial application

15  pursuant to this section.  The application for renewal shall

16  include any information necessary to bring current the

17  information required in the initial application.

18         (3)  FEES.--Upon making initial application, the

19  applicant shall pay to the department a fee of $300.  Upon

20  making renewal application, the applicant shall pay to the

21  department a fee of $100.  Any applicant for renewal who has

22  failed to submit his or her renewal application by October 1

23  shall pay a renewal application fee equal to the original

24  application fee.  No fee is refundable.  All fees shall be

25  deposited into the General Revenue Fund.

26         (4)  NONRESIDENT.--Any person applying for a license

27  who is not a resident of this state shall have designated an

28  agent for service of process pursuant to s. 48.181.

29         (5)  REQUIREMENT OF ASSURANCE.--

30         (a)  Annually, prior to the receipt of a license to

31  manufacture mobile homes, the applicant or licensee shall


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                                          HB 4765, First Engrossed



  1  submit a surety bond, cash bond, or letter of credit from a

  2  financial institution, or a proper continuation certificate,

  3  sufficient to assure satisfaction of claims against the

  4  licensee for failure to comply with appropriate code

  5  standards, failure to provide warranty service, or violation

  6  of any provisions of this section. The amount of the surety

  7  bond, cash bond, or letter of credit shall be $50,000. Only

  8  one surety bond, cash bond, or letter of credit shall be

  9  required for each manufacturer, regardless of the number of

10  factory locations. The surety bond, cash bond, or letter of

11  credit shall be to the department, in favor of any retail

12  customer who shall suffer loss arising out of noncompliance

13  with code standards or failure to honor or provide warranty

14  service. The department shall have the right to disapprove any

15  bond or letter of credit that does not provide assurance as

16  provided in this section.

17         (a)(b)  Annually, prior to the receipt of a license to

18  manufacture recreational vehicles, the applicant or licensee

19  shall submit a surety bond, or a proper continuation

20  certificate, sufficient to assure satisfaction of claims

21  against the licensee for failure to comply with appropriate

22  code standards, failure to provide warranty service, or

23  violation of any provisions of this section.  The amount of

24  the surety bond shall be $10,000 per year. The surety bond

25  shall be to the department, in favor of any retail customer

26  who shall suffer loss arising out of noncompliance with code

27  standards or failure to honor or provide warranty service. The

28  department shall have the right to disapprove any bond which

29  does not provide assurance as provided in this section.

30

31


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                                          HB 4765, First Engrossed



  1         (b)(c)  The department shall adopt rules pursuant to

  2  chapter 120 consistent with this section in providing

  3  assurance of satisfaction of claims.

  4         (c)(d)  The department shall, upon denial, suspension,

  5  or revocation of any license, notify the surety company of the

  6  licensee, in writing, that the license has been denied,

  7  suspended, or revoked and shall state the reason for such

  8  denial, suspension, or revocation.

  9         (d)(e)  Any surety company which pays any claim against

10  the bond of any licensee shall notify the department, in

11  writing, that it has paid such a claim and shall state the

12  amount of the claim.

13         (e)(f)  Any surety company which cancels the bond of

14  any licensee shall notify the department, in writing, of such

15  cancellation, giving reason for the cancellation.

16         (6)  LICENSE YEAR.--A license issued to a mobile home

17  or recreational vehicle manufacturer entitles the licensee to

18  conduct the business of a mobile home or recreational vehicle

19  manufacturer for a period of 1 year from October 1 preceding

20  the date of issuance.

21         (7)  DENIAL OF LICENSE.--The department may deny a

22  mobile home or recreational vehicle manufacturer's license on

23  the ground that:

24         (a)  The applicant has made a material misstatement in

25  his or her application for a license.

26         (b)  The applicant has failed to comply with any

27  applicable provision of this chapter.

28         (c)  The applicant has failed to provide warranty

29  service.

30         (d)  The applicant or one or more of his or her

31  principals or agents has violated any law, rule, or regulation


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                                          HB 4765, First Engrossed



  1  relating to the manufacture or sale of mobile homes or

  2  recreational vehicles.

  3         (e)  The department has proof of unfitness of the

  4  applicant.

  5         (f)  The applicant or licensee has engaged in previous

  6  conduct in any state which would have been a ground for

  7  revocation or suspension of a license in this state.

  8         (g)  The applicant or licensee has violated any of the

  9  provisions relating to recreational vehicles of the National

10  Mobile Home Construction and Safety Standards Act of 1974 or

11  any rule or regulation of the Department of Housing and Urban

12  Development promulgated thereunder.

13

14  Upon denial of a license, the department shall notify the

15  applicant within 10 days, stating in writing its grounds for

16  denial.  The applicant is entitled to a public hearing and may

17  request that such hearing be held within 45 days of denial of

18  the license.  All proceedings shall be pursuant to chapter

19  120.

20         (8)  REVOCATION OR SUSPENSION OF LICENSE.--The

21  department shall suspend or, in the case of a subsequent

22  offense, shall revoke any license upon a finding that the

23  licensee violated any provision of this chapter or any other

24  law of this state regarding the manufacture, warranty, or sale

25  of mobile homes or recreational vehicles.  When any license

26  has been revoked or suspended by the department, it may be

27  reinstated if the department finds that the former licensee

28  has complied with all applicable requirements of this chapter

29  and an application for a license is refiled pursuant to this

30  section.

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                                          HB 4765, First Engrossed



  1         (9)  CIVIL PENALTIES; PROCEDURE.--In addition to the

  2  exercise of other powers provided in this section, the

  3  department is authorized to assess, impose, levy, and collect

  4  by legal process a civil penalty, in an amount not to exceed

  5  $1,000 for each violation, against any licensee if it finds

  6  that a licensee has violated any provision of this section or

  7  has violated any other law of this state having to do with

  8  dealing in motor vehicles.  Any licensee shall be entitled to

  9  a hearing pursuant to chapter 120 should the licensee wish to

10  contest the fine levied, or about to be levied, upon him or

11  her.

12         Section 70.  Effective January 1, 1999, subsection (1)

13  of section 320.8231, Florida Statutes, is amended to read:

14         320.8231  Establishment of uniform standards for

15  recreational vehicle-type units and park trailers.--

16         (1)  Each recreational vehicle-type unit, as defined in

17  s. 320.01(1)(b), manufactured in this state or manufactured

18  outside this state but sold or offered for sale in this state

19  shall meet the Uniform Standards Code ANSI book A-119.2 or

20  A-119.5, as applicable, approved by the American National

21  Standards Institute. Such standards shall include, but are not

22  limited to, standards for the installation of plumbing,

23  heating, and electrical systems and fire and life safety in

24  recreational vehicle-type units and park trailers. However,

25  those park trailers exceeding 400 square feet shall meet the

26  Federal Manufactured Home Construction and Safety Standards

27  and shall have a United States Department of Housing and Urban

28  Development label.

29         Section 71.  Effective January 1, 1999, section

30  320.8232, Florida Statutes, is amended to read:

31


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                                          HB 4765, First Engrossed



  1         320.8232  Establishment of uniform standards for used

  2  recreational vehicles and repair and remodeling code for

  3  mobile homes.--

  4         (1)  Each used recreational vehicle manufactured after

  5  January 1, 1968, and sold or offered for sale in this state by

  6  a dealer or manufacturer shall meet the standards of the Used

  7  Recreational Vehicle Code.  The provisions of said code shall

  8  ensure safe and livable housing and shall not be more

  9  stringent than those standards required to be met in the

10  manufacture of recreational vehicles.  Such provisions shall

11  include, but not be limited to, standards for structural

12  adequacy, plumbing, heating, electrical systems, and fire and

13  life safety.

14         (2)  The provisions of the repair and remodeling code

15  shall ensure safe and livable housing and shall not be more

16  stringent than those standards required to be met in the

17  manufacture of mobile homes.  Such provisions shall include,

18  but not be limited to, standards for structural adequacy,

19  plumbing, heating, electrical systems, and fire and life

20  safety.

21         Section 72.  Effective January 1, 1999, section

22  320.824, Florida Statutes, is amended to read:

23         320.824  Rules and regulations, changes and

24  modifications of standards.--

25         (1)  The department may make such rules and regulations

26  as it shall deem necessary or proper for the effective

27  administration and enforcement of ss. 320.822-320.90 and may

28  adopt and promulgate any changes in, or additions to, the

29  standards adopted in s. 320.823 or s. 320.8231, which are

30  approved and officially published by the institute or

31


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                                          HB 4765, First Engrossed



  1  promulgated by the Department of Housing and Urban Development

  2  subsequent to the effective date of this act.

  3         (2)  The department or its authorized agent may enter

  4  any place or establishment where mobile homes are

  5  manufactured, sold, or offered for sale, for the purpose of

  6  ascertaining whether the requirements of the code and the

  7  regulations adopted by the department have been met.

  8         Section 73.  Effective January 1, 1999, section

  9  320.8245, Florida Statutes, is amended to read:

10         320.8245  Limitation of alteration or modification to

11  mobile homes or recreational vehicles.--

12         (1)  LIMITATION OF ALTERATIONS OR MODIFICATIONS.--No

13  alteration or modification shall be made to a mobile home or

14  recreational vehicle by a licensed dealer after shipment from

15  the manufacturer's plant unless such alteration or

16  modification is authorized in this section.

17         (2)  EFFECT ON MOBILE HOME WARRANTY.--Unless an

18  alteration or modification is performed by a qualified person

19  as defined in subsection (4), the warranty responsibility of

20  the manufacturer as to the altered or modified item shall be

21  void.

22         (a)  An alteration or modification performed by a

23  mobile home or recreational vehicle dealer or his or her agent

24  or employee shall place warranty responsibility for the

25  altered or modified item upon the dealer. If the manufacturer

26  fulfills, or is required to fulfill, the warranty on the

27  altered or modified item, he or she shall be entitled to

28  recover damages in the amount of his or her costs and

29  attorneys' fees from the dealer.

30         (b)  An alteration or modification performed by a

31  mobile home or recreational vehicle owner or his or her agent


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                                          HB 4765, First Engrossed



  1  shall render the manufacturer's warranty as to that item void.

  2  A statement shall be displayed clearly and conspicuously on

  3  the face of the warranty that the warranty is void as to the

  4  altered or modified item if the alteration or modification is

  5  performed by other than a qualified person.  Failure to

  6  display such statement shall result in warranty responsibility

  7  on the manufacturer.

  8         (3)  AUTHORITY OF THE DEPARTMENT.--The department is

  9  authorized to promulgate rules and regulations pursuant to

10  chapter 120 which define the alterations or modifications

11  which must be made by qualified personnel.  The department may

12  regulate only those alterations and modifications which

13  substantially impair the structural integrity or safety of the

14  recreational vehicle mobile home.

15         (4)  DESIGNATION AS A QUALIFIED PERSON.--

16         (a)  In order to be designated as a person qualified to

17  alter or modify a mobile home or recreational vehicle, a

18  person must comply with local or county licensing or

19  competency requirements in skills relevant to performing

20  alterations or modifications on mobile homes or recreational

21  vehicles.

22         (b)  When no local or county licensing or competency

23  requirements exist, the department may certify persons to

24  perform recreational vehicle mobile home alterations or

25  modifications.  The department shall by rule or regulation

26  determine what skills and competency requirements are

27  requisite to the issuance of a certification.  A fee

28  sufficient to cover the costs of issuing certifications may be

29  charged by the department.  The certification shall be valid

30  for a period which terminates when the county or other local

31  governmental unit enacts relevant competency or licensing


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                                          HB 4765, First Engrossed



  1  requirements.  The certification shall be valid only in

  2  counties or localities without licensing or competency

  3  requirements.

  4         (c)  The department shall determine which counties and

  5  localities have licensing or competency requirements adequate

  6  to eliminate the requirement of certification.  This

  7  determination shall be based on a review of the relevant

  8  county or local standards for adequacy in regulating persons

  9  who perform alterations or modifications to recreational

10  vehicles mobile homes. The department shall find local or

11  county standards adequate when minimal licensing or competency

12  standards are provided.

13         Section 74.  Effective January 1, 1999, section

14  320.8256, Florida Statutes, is amended to read:

15         320.8256  Recreational vehicle inspection.--

16         (1)  In order to ensure the highest degree of quality

17  control in the construction of new recreational vehicles and

18  to ensure the safe condition of used recreational vehicles,

19  each new or used recreational vehicle sold in the state shall

20  be inspected by licensed recreational vehicle dealers offering

21  such unit for sale.

22         (2)  The department shall determine a fee for the seal

23  authorized under s. 320.827 which is sufficient to cover the

24  cost of producing and issuing the seal. Fees collected shall

25  be deposited into the General Revenue Fund.

26         Section 75.  Effective January 1, 1999, section

27  320.834, Florida Statutes, is amended to read:

28         320.834  Purpose.--It is the intent of the Legislature

29  to ensure the safety and welfare of residents of recreational

30  vehicles mobile homes through an inspection program conducted

31  by the Department of Highway Safety and Motor Vehicles.


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                                          HB 4765, First Engrossed



  1  Mobile homes are a primary housing resource of many of the

  2  residents of the state and satisfy a large segment of

  3  statewide housing needs.  It is the further intent of the

  4  Legislature that the department, recreational vehicle mobile

  5  home dealers, and recreational vehicle mobile home

  6  manufacturers continue to work together to meet the applicable

  7  code requirements for recreational vehicles mobile homes and

  8  that such dealers and manufacturers share the responsibilities

  9  of warranting recreational vehicles mobile homes in accordance

10  with applicable codes and resolving legitimate consumer

11  complaints in a timely, efficient manner.

12         Section 76.  Effective January 1, 1999, section

13  320.835, Florida Statutes, is amended to read:

14         320.835  Mobile home and Recreational vehicle

15  warranties.--Each manufacturer, dealer, and supplier of mobile

16  homes or recreational vehicles shall warrant each new mobile

17  home or recreational vehicle sold in this state and the setup

18  of each such mobile home, in accordance with the warranty

19  requirements prescribed by this section, for a period of at

20  least 12 months, measured from the date of delivery of the

21  mobile home to the buyer or the date of sale of the

22  recreational vehicle.  The warranty requirements of each

23  manufacturer, dealer, and supplier of mobile homes or

24  recreational vehicles are as follows:

25         (1)  The manufacturer warrants:

26         (a)  for a mobile home or recreational vehicle, that

27  all structural elements; plumbing systems; heating, cooling,

28  and fuel-burning systems; electrical systems; fire prevention

29  systems; and any other components or conditions included by

30  the manufacturer are free from substantial defect.

31


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                                          HB 4765, First Engrossed



  1         (b)  That 100-ampere electrical service exists in the

  2  mobile home.

  3         (2)  The dealer warrants:

  4         (a)  that any modifications or alterations made to the

  5  mobile home or recreational vehicle by the dealer or

  6  authorized by the dealer shall be free from substantial

  7  defect. Alterations or modifications made by a dealer shall

  8  relieve the manufacturer of warranty responsibility only as to

  9  the item altered or modified.

10         (b)  That setup operations performed on the mobile home

11  are performed in compliance with s. 320.8325.

12         (c)  That substantial defects do not occur to the

13  mobile home during setup or by transporting it to the

14  occupancy site.

15

16  When the setup of a mobile home is performed by a person who

17  is not an employee or agent of the mobile home manufacturer or

18  dealer and is not compensated or authorized by, or connected

19  with, such manufacturer or dealer, then the warranty

20  responsibility of the manufacturer or dealer as to setup shall

21  be limited to transporting the mobile home to the occupancy

22  site free from substantial defect.

23         (3)  The supplier warrants that any warranties

24  generally offered in the ordinary sale of his or her product

25  to consumers shall be extended to buyers of mobile homes and

26  recreational vehicles.  When no warranty is extended by

27  suppliers, the manufacturer shall assume warranty

28  responsibility for that component.

29         Section 77.  Effective January 1, 1999, section

30  320.865, Florida Statutes, is amended to read:

31


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                                          HB 4765, First Engrossed



  1         320.865  Maintenance of records by the department.--The

  2  department shall maintain uniform records of all complaints

  3  filed against licensees licensed under the provisions of ss.

  4  320.27, 320.61, 320.77, 320.771, and 320.8225, any other

  5  provision of this chapter to the contrary notwithstanding. The

  6  records shall contain all enforcement actions taken against

  7  licensees and against unlicensed persons acting in a capacity

  8  which would require them to be licensed under those sections.

  9  The permanent file of each licensee and unlicensed person

10  shall contain a record of any complaints filed against him or

11  her and a record of any enforcement actions taken against him

12  or her.  All complaints and satisfactions thereof and

13  enforcement actions on each licensee and unlicensed person

14  shall be entered into the central database in such a manner

15  that rapid retrieval will be facilitated.  The complainant and

16  the referring agency, if there is one, shall be advised of the

17  disposition by the department of the complaint within 10 days

18  of such action.

19         Section 78.  Effective January 1, 1999, subsection (3)

20  of section 325.202, Florida Statutes, is amended to read:

21         325.202  Definitions.--As used in this act, the term:

22         (3)  "Dealer certificate" means an inspection

23  certificate issued to a motor vehicle dealer, motor vehicle

24  broker as defined in s. 320.07, mobile home dealer as defined

25  in s. 553.432 320.77, or recreational vehicle dealer as

26  defined in s. 320.771, indicating that a motor vehicle has

27  passed an emissions inspection, which grants the dealer or

28  broker 12 months in which to sell at retail the identified

29  motor vehicle owned by the dealer or broker.

30         Section 79.  Effective January 1, 1999, subsection (8)

31  of section 325.203, Florida Statutes, is amended to read:


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                                          HB 4765, First Engrossed



  1         325.203  Motor vehicles subject to annual inspection;

  2  exemptions.--

  3         (8)  A motor vehicle dealer, motor vehicle broker as

  4  defined in s. 320.27, mobile home dealer as defined in s.

  5  553.432 320.77, recreational vehicle dealer as defined in s.

  6  320.771, governmental agency subject to subsection (5), or

  7  person located in a program area may not sell at retail any

  8  motor vehicle that is subject to inspection under this act and

  9  that is to be registered in a program area unless the motor

10  vehicle has received a valid inspection certificate within 180

11  days before sale or received a valid dealer certificate within

12  12 months before sale. If a motor vehicle is purchased outside

13  the program area and is required to be registered in the

14  program area, the purchaser must meet the inspection

15  requirements of this act before such registration.

16         Section 80.  Effective January 1, 1999, subsections (2)

17  and (4) and paragraph (a) of subsection (6) of section

18  325.213, Florida Statutes, are amended to read:

19         325.213  Self-inspectors.--

20         (2)  Any applicant shall pay to the department a

21  nonrefundable fee of $100 in addition to any other fees

22  required by law.  Upon making a renewal application, the

23  applicant shall pay to the department a nonrefundable fee of

24  $50 in addition to any other fees required by law.  If the

25  applicant is a motor vehicle or mobile home dealer licensed

26  under s. 320.27 or s. 320.77, or a recreational vehicle dealer

27  licensed under s. 320.771, the nonrefundable application fee

28  and subsequent nonrefundable renewal application fee is $25,

29  in addition to any other fees required by law.

30         (4)  Each self-inspector license issued by the

31  department is valid for the year of issue and shall expire


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                                          HB 4765, First Engrossed



  1  annually on December 31 unless revoked or suspended prior to

  2  that date.  The self-inspector license for a motor vehicle,

  3  mobile home dealer, and recreational vehicle dealer shall

  4  expire annually on the same date that the dealer license

  5  issued pursuant to the provisions of s. 320.27, s. 320.77, or

  6  s. 320.771 expires.  A renewal application made subsequent to

  7  the expiration date must be accompanied by a delinquency fee

  8  of $50 in addition to the renewal application fee prescribed

  9  in subsection (2).

10         (6)(a)  Prior to the issuance of a self-inspector

11  license, the applicant shall deliver to the department a good

12  and sufficient surety bond or irrevocable letter of credit,

13  executed by the applicant as principal, in the sum of $5,000.

14  If the applicant is a motor vehicle dealer, a mobile home

15  dealer, or a recreational vehicle dealer licensed by the

16  department, this requirement shall be waived in lieu of the

17  surety bond required under s. 320.27, s. 320.77, or s.

18  320.771.  A surety bond or letter of credit is not required if

19  the applicant is a state or local government agency.

20         Section 81.  Effective January 1, 1999, paragraph (b)

21  of subsection (2) of section 627.351, Florida Statutes, is

22  amended to read:

23         627.351  Insurance risk apportionment plans.--

24         (2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--

25         (b)  The department shall require all insurers holding

26  a certificate of authority to transact property insurance on a

27  direct basis in this state, other than joint underwriting

28  associations and other entities formed pursuant to this

29  section, to provide windstorm coverage to applicants from

30  areas determined to be eligible pursuant to paragraph (c) who

31  in good faith are entitled to, but are unable to procure, such


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                                          HB 4765, First Engrossed



  1  coverage through ordinary means; or it shall adopt a

  2  reasonable plan or plans for the equitable apportionment or

  3  sharing among such insurers of windstorm coverage, which may

  4  include formation of an association for this purpose. As used

  5  in this subsection, the term "property insurance" means

  6  insurance on real or personal property, as defined in s.

  7  624.604, including insurance for fire, industrial fire, allied

  8  lines, farmowners multiperil, homeowners' multiperil,

  9  commercial multiperil, and mobile homes, and including

10  liability coverages on all such insurance, but excluding

11  inland marine as defined in s. 624.607(3) and excluding

12  vehicle insurance as defined in s. 624.605(1)(a) other than

13  insurance on mobile homes used as permanent dwellings. The

14  department shall adopt rules that provide a formula for the

15  recovery and repayment of any deferred assessments.

16         1.  For the purpose of this section, properties

17  eligible for such windstorm coverage are defined as dwellings,

18  buildings, and other structures, including mobile homes which

19  are used as dwellings and which are tied down in compliance

20  with mobile home tie-down requirements prescribed by the

21  Division of Factory-built Housing of the Department of

22  Community Affairs Highway Safety and Motor Vehicles pursuant

23  to s. 553.445 320.8325, and the contents of all such

24  properties. An applicant or policyholder is eligible for

25  coverage only if an offer of coverage cannot be obtained by or

26  for the applicant or policyholder from an admitted insurer at

27  approved rates.

28         2.a.(I)  All insurers required to be members of such

29  association shall participate in its writings, expenses, and

30  losses. Surplus of the association shall be retained for the

31  payment of claims and shall not be distributed to the member


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                                          HB 4765, First Engrossed



  1  insurers. Such participation by member insurers shall be in

  2  the proportion that the net direct premiums of each member

  3  insurer written for property insurance in this state during

  4  the preceding calendar year bear to the aggregate net direct

  5  premiums for property insurance of all member insurers, as

  6  reduced by any credits for voluntary writings, in this state

  7  during the preceding calendar year. For the purposes of this

  8  subsection, the term "net direct premiums" means direct

  9  written premiums for property insurance, reduced by premium

10  for liability coverage and for the following if included in

11  allied lines: rain and hail on growing crops; livestock;

12  association direct premiums booked; National Flood Insurance

13  Program direct premiums; and similar deductions specifically

14  authorized by the plan of operation and approved by the

15  department. A member's participation shall begin on the first

16  day of the calendar year following the year in which it is

17  issued a certificate of authority to transact property

18  insurance in the state and shall terminate 1 year after the

19  end of the calendar year during which it no longer holds a

20  certificate of authority to transact property insurance in the

21  state. The commissioner, after review of annual statements,

22  other reports, and any other statistics that the commissioner

23  deems necessary, shall certify to the association the

24  aggregate direct premiums written for property insurance in

25  this state by all member insurers.

26         (II)  The plan of operation shall provide for a board

27  of directors consisting of the Insurance Consumer Advocate

28  appointed under s. 627.0613, 1 consumer representative

29  appointed by the Insurance Commissioner, 1 consumer

30  representative appointed by the Governor, and 12 additional

31  members appointed as specified in the plan of operation. One


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                                          HB 4765, First Engrossed



  1  of the 12 additional members shall be elected by the domestic

  2  companies of this state on the basis of cumulative weighted

  3  voting based on the net direct premiums of domestic companies

  4  in this state. Nothing in the 1997 amendments to this

  5  paragraph terminates the existing board or the terms of any

  6  members of the board.

  7         (III)  The plan of operation shall provide a formula

  8  whereby a company voluntarily providing windstorm coverage in

  9  affected areas will be relieved wholly or partially from

10  apportionment of a regular assessment pursuant to

11  sub-sub-subparagraph d.(I) or sub-sub-subparagraph d.(II).

12         (IV)  A company which is a member of a group of

13  companies under common management may elect to have its

14  credits applied on a group basis, and any company or group may

15  elect to have its credits applied to any other company or

16  group.

17         (V)  There shall be no credits or relief from

18  apportionment to a company for emergency assessments collected

19  from its policyholders under sub-sub-subparagraph d.(III).

20         (VI)  The plan of operation may also provide for the

21  award of credits, for a period not to exceed 3 years, from a

22  regular assessment pursuant to sub-sub-subparagraph d.(I) or

23  sub-sub-subparagraph d.(II) as an incentive for taking

24  policies out of the Residential Property and Casualty Joint

25  Underwriting Association.  In order to qualify for the

26  exemption under this sub-sub-subparagraph, the take-out plan

27  must provide that at least 40 percent of the policies removed

28  from the Residential Property and Casualty Joint Underwriting

29  Association cover risks located in Dade, Broward, and Palm

30  Beach Counties or at least 30 percent of the policies so

31  removed cover risks located in Dade, Broward, and Palm Beach


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                                          HB 4765, First Engrossed



  1  Counties and an additional 50 percent of the policies so

  2  removed cover risks located in other coastal counties, and

  3  must also provide that no more than 15 percent of the policies

  4  so removed may exclude windstorm coverage.  With the approval

  5  of the department, the association may waive these geographic

  6  criteria for a take-out plan that removes at least the lesser

  7  of 100,000 Residential Property and Casualty Joint

  8  Underwriting Association policies or 15 percent of the total

  9  number of Residential Property and Casualty Joint Underwriting

10  Association policies, provided the governing board of the

11  Residential Property and Casualty Joint Underwriting

12  Association certifies that the take-out plan will materially

13  reduce the Residential Property and Casualty Joint

14  Underwriting Association's 100-year probable maximum loss from

15  hurricanes.  With the approval of the department, the board

16  may extend such credits for an additional year if the insurer

17  guarantees an additional year of renewability for all policies

18  removed from the Residential Property and Casualty Joint

19  Underwriting Association, or for 2 additional years if the

20  insurer guarantees 2 additional years of renewability for all

21  policies removed from the Residential Property and Casualty

22  Joint Underwriting Association.

23         b.  Assessments to pay deficits in the association

24  under this subparagraph shall be included as an appropriate

25  factor in the making of rates as provided in s. 627.3512.

26         c.  The Legislature finds that the potential for

27  unlimited deficit assessments under this subparagraph may

28  induce insurers to attempt to reduce their writings in the

29  voluntary market, and that such actions would worsen the

30  availability problems that the association was created to

31  remedy. It is the intent of the Legislature that insurers


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                                          HB 4765, First Engrossed



  1  remain fully responsible for paying regular assessments and

  2  collecting emergency assessments for any deficits of the

  3  association; however, it is also the intent of the Legislature

  4  to provide a means by which assessment liabilities may be

  5  amortized over a period of years.

  6         d.(I)  When the deficit incurred in a particular

  7  calendar year is 10 percent or less of the aggregate statewide

  8  direct written premium for property insurance for the prior

  9  calendar year for all member insurers, the association shall

10  levy an assessment on member insurers in an amount equal to

11  the deficit.

12         (II)  When the deficit incurred in a particular

13  calendar year exceeds 10 percent of the aggregate statewide

14  direct written premium for property insurance for the prior

15  calendar year for all member insurers, the association shall

16  levy an assessment on member insurers in an amount equal to

17  the greater of 10 percent of the deficit or 10 percent of the

18  aggregate statewide direct written premium for property

19  insurance for the prior calendar year for member insurers. Any

20  remaining deficit shall be recovered through emergency

21  assessments under sub-sub-subparagraph (III).

22         (III)  Upon a determination by the board of directors

23  that a deficit exceeds the amount that will be recovered

24  through regular assessments on member insurers, pursuant to

25  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the

26  board shall levy, after verification by the department,

27  emergency assessments to be collected by member insurers and

28  by underwriting associations created pursuant to this section

29  which write property insurance, upon issuance or renewal of

30  property insurance policies other than National Flood

31  Insurance policies in the year or years following levy of the


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                                          HB 4765, First Engrossed



  1  regular assessments. The amount of the emergency assessment

  2  collected in a particular year shall be a uniform percentage

  3  of that year's direct written premium for property insurance

  4  for all member insurers and underwriting associations,

  5  excluding National Flood Insurance policy premiums, as

  6  annually determined by the board and verified by the

  7  department. The department shall verify the arithmetic

  8  calculations involved in the board's determination within 30

  9  days after receipt of the information on which the

10  determination was based. Notwithstanding any other provision

11  of law, each member insurer and each underwriting association

12  created pursuant to this section shall collect emergency

13  assessments from its policyholders without such obligation

14  being affected by any credit, limitation, exemption, or

15  deferment.  The emergency assessments so collected shall be

16  transferred directly to the association on a periodic basis as

17  determined by the association. The aggregate amount of

18  emergency assessments levied under this sub-sub-subparagraph

19  in any calendar year may not exceed the greater of 10 percent

20  of the amount needed to cover the original deficit, plus

21  interest, fees, commissions, required reserves, and other

22  costs associated with financing of the original deficit, or 10

23  percent of the aggregate statewide direct written premium for

24  property insurance written by member insurers and underwriting

25  associations for the prior year, plus interest, fees,

26  commissions, required reserves, and other costs associated

27  with financing the original deficit. The board may pledge the

28  proceeds of the emergency assessments under this

29  sub-sub-subparagraph as the source of revenue for bonds, to

30  retire any other debt incurred as a result of the deficit or

31  events giving rise to the deficit, or in any other way that


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                                          HB 4765, First Engrossed



  1  the board determines will efficiently recover the deficit. The

  2  emergency assessments under this sub-sub-subparagraph shall

  3  continue as long as any bonds issued or other indebtedness

  4  incurred with respect to a deficit for which the assessment

  5  was imposed remain outstanding, unless adequate provision has

  6  been made for the payment of such bonds or other indebtedness

  7  pursuant to the document governing such bonds or other

  8  indebtedness. Emergency assessments collected under this

  9  sub-sub-subparagraph are not part of an insurer's rates, are

10  not premium, and are not subject to premium tax, fees, or

11  commissions; however, failure to pay the emergency assessment

12  shall be treated as failure to pay premium.

13         (IV)  Each member insurer's share of the total regular

14  assessments under sub-sub-subparagraph (I) or

15  sub-sub-subparagraph (II) shall be in the proportion that the

16  insurer's net direct premium for property insurance in this

17  state, for the year preceding the assessment bears to the

18  aggregate statewide net direct premium for property insurance

19  of all member insurers, as reduced by any credits for

20  voluntary writings for that year.

21         (V)  If regular deficit assessments are made under

22  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), or by

23  the Residential Property and Casualty Joint Underwriting

24  Association under sub-subparagraph (6)(b)3.a. or

25  sub-subparagraph (6)(b)3.b., the association shall levy upon

26  the association's policyholders, as part of its next rate

27  filing, or by a separate rate filing solely for this purpose,

28  a market equalization surcharge in a percentage equal to the

29  total amount of such regular assessments divided by the

30  aggregate statewide direct written premium for property

31  insurance for member insurers for the prior calendar year.


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  1  Market equalization surcharges under this sub-sub-subparagraph

  2  are not considered premium and are not subject to commissions,

  3  fees, or premium taxes; however, failure to pay a market

  4  equalization surcharge shall be treated as failure to pay

  5  premium.

  6         e.  The governing body of any unit of local government,

  7  any residents of which are insured under the plan, may issue

  8  bonds as defined in s. 125.013 or s. 166.101 to fund an

  9  assistance program, in conjunction with the association, for

10  the purpose of defraying deficits of the association. In order

11  to avoid needless and indiscriminate proliferation,

12  duplication, and fragmentation of such assistance programs,

13  any unit of local government, any residents of which are

14  insured by the association, may provide for the payment of

15  losses, regardless of whether or not the losses occurred

16  within or outside of the territorial jurisdiction of the local

17  government. Revenue bonds may not be issued until validated

18  pursuant to chapter 75, unless a state of emergency is

19  declared by executive order or proclamation of the Governor

20  pursuant to s. 252.36 making such findings as are necessary to

21  determine that it is in the best interests of, and necessary

22  for, the protection of the public health, safety, and general

23  welfare of residents of this state and the protection and

24  preservation of the economic stability of insurers operating

25  in this state, and declaring it an essential public purpose to

26  permit certain municipalities or counties to issue bonds as

27  will provide relief to claimants and policyholders of the

28  association and insurers responsible for apportionment of plan

29  losses. Any such unit of local government may enter into such

30  contracts with the association and with any other entity

31  created pursuant to this subsection as are necessary to carry


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                                          HB 4765, First Engrossed



  1  out this paragraph. Any bonds issued under this

  2  sub-subparagraph shall be payable from and secured by moneys

  3  received by the association from assessments under this

  4  subparagraph, and assigned and pledged to or on behalf of the

  5  unit of local government for the benefit of the holders of

  6  such bonds. The funds, credit, property, and taxing power of

  7  the state or of the unit of local government shall not be

  8  pledged for the payment of such bonds. If any of the bonds

  9  remain unsold 60 days after issuance, the department shall

10  require all insurers subject to assessment to purchase the

11  bonds, which shall be treated as admitted assets; each insurer

12  shall be required to purchase that percentage of the unsold

13  portion of the bond issue that equals the insurer's relative

14  share of assessment liability under this subsection. An

15  insurer shall not be required to purchase the bonds to the

16  extent that the department determines that the purchase would

17  endanger or impair the solvency of the insurer. The authority

18  granted by this sub-subparagraph is additional to any bonding

19  authority granted by subparagraph 6.

20         3.  The plan shall also provide that any member with a

21  surplus as to policyholders of $20 million or less writing 25

22  percent or more of its total countrywide property insurance

23  premiums in this state may petition the department, within the

24  first 90 days of each calendar year, to qualify as a limited

25  apportionment company. The apportionment of such a member

26  company in any calendar year for which it is qualified shall

27  not exceed its gross participation, which shall not be

28  affected by the formula for voluntary writings. In no event

29  shall a limited apportionment company be required to

30  participate in any apportionment of losses pursuant to

31  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II)


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  1  in the aggregate which exceeds $50 million after payment of

  2  available plan funds in any calendar year. However, a limited

  3  apportionment company shall collect from its policyholders any

  4  emergency assessment imposed under sub-sub-subparagraph

  5  2.d.(III). The plan shall provide that, if the department

  6  determines that any regular assessment will result in an

  7  impairment of the surplus of a limited apportionment company,

  8  the department may direct that all or part of such assessment

  9  be deferred. However, there shall be no limitation or

10  deferment of an emergency assessment to be collected from

11  policyholders under sub-sub-subparagraph 2.d.(III).

12         4.  The plan shall provide for the deferment, in whole

13  or in part, of a regular assessment of a member insurer under

14  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II),

15  but not for an emergency assessment collected from

16  policyholders under sub-sub-subparagraph 2.d.(III), if, in the

17  opinion of the commissioner, payment of such regular

18  assessment would endanger or impair the solvency of the member

19  insurer. In the event a regular assessment against a member

20  insurer is deferred in whole or in part, the amount by which

21  such assessment is deferred may be assessed against the other

22  member insurers in a manner consistent with the basis for

23  assessments set forth in sub-sub-subparagraph 2.d.(I) or

24  sub-sub-subparagraph 2.d.(II).

25         5.a.  The plan of operation may include deductibles and

26  rules for classification of risks and rate modifications

27  consistent with the objective of providing and maintaining

28  funds sufficient to pay catastrophe losses.

29         b.  The association may require arbitration of a rate

30  filing under s. 627.062(6). It is the intent of the

31  Legislature that the rates for coverage provided by the


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  1  association be actuarially sound and not competitive with

  2  approved rates charged in the admitted voluntary market such

  3  that the association functions as a residual market mechanism

  4  to provide insurance only when the insurance cannot be

  5  procured in the voluntary market.  The plan of operation shall

  6  provide a mechanism to assure that, beginning no later than

  7  January 1, 1999, the rates charged by the association for each

  8  line of business are reflective of approved rates in the

  9  voluntary market for hurricane coverage for each line of

10  business in the various areas eligible for association

11  coverage.

12         c.  The association shall provide for windstorm

13  coverage on residential properties in limits up to $10 million

14  for commercial lines residential risks and up to $1 million

15  for personal lines residential risks. If coverage with the

16  association is sought for a residential risk valued in excess

17  of these limits, coverage shall be available to the risk up to

18  the replacement cost or actual cash value of the property, at

19  the option of the insured, if coverage for the risk cannot be

20  located in the authorized market. The association must accept

21  a commercial lines residential risk with limits above $10

22  million or a personal lines residential risk with limits above

23  $1 million if coverage is not available in the authorized

24  market.  The association may write coverage above the limits

25  specified in this subparagraph with or without facultative or

26  other reinsurance coverage, as the association determines

27  appropriate.

28         d.  The plan of operation must provide objective

29  criteria and procedures, approved by the department, to be

30  uniformly applied for all applicants in determining whether an

31  individual risk is so hazardous as to be uninsurable. In


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                                          HB 4765, First Engrossed



  1  making this determination and in establishing the criteria and

  2  procedures, the following shall be considered:

  3         (I)  Whether the likelihood of a loss for the

  4  individual risk is substantially higher than for other risks

  5  of the same class; and

  6         (II)  Whether the uncertainty associated with the

  7  individual risk is such that an appropriate premium cannot be

  8  determined.

  9

10  The acceptance or rejection of a risk by the association

11  pursuant to such criteria and procedures must be construed as

12  the private placement of insurance, and the provisions of

13  chapter 120 do not apply.

14         e.  The policies issued by the association must provide

15  that if the association obtains an offer from an authorized

16  insurer to cover the risk at its approved rates under either a

17  standard policy including wind coverage or, if consistent with

18  the insurer's underwriting rules as filed with the department,

19  a basic policy including wind coverage, the risk is no longer

20  eligible for coverage through the association. Upon

21  termination of eligibility, the association shall provide

22  written notice to the policyholder and agent of record stating

23  that the association policy must be canceled as of 60 days

24  after the date of the notice because of the offer of coverage

25  from an authorized insurer. Other provisions of the insurance

26  code relating to cancellation and notice of cancellation do

27  not apply to actions under this sub-subparagraph.

28         f.  Association policies and applications must include

29  a notice that the association policy could, under this

30  section, be replaced with a policy issued by an authorized

31  insurer that does not provide coverage identical to the


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                                          HB 4765, First Engrossed



  1  coverage provided by the association. The notice shall also

  2  specify that acceptance of association coverage creates a

  3  conclusive presumption that the applicant or policyholder is

  4  aware of this potential.

  5         6.a.  The plan of operation may authorize the formation

  6  of a private nonprofit corporation, a private nonprofit

  7  unincorporated association, a partnership, a trust, a limited

  8  liability company, or a nonprofit mutual company which may be

  9  empowered, among other things, to borrow money by issuing

10  bonds or by incurring other indebtedness and to accumulate

11  reserves or funds to be used for the payment of insured

12  catastrophe losses. The plan may authorize all actions

13  necessary to facilitate the issuance of bonds, including the

14  pledging of assessments or other revenues.

15         b.  Any entity created under this subsection, or any

16  entity formed for the purposes of this subsection, may sue and

17  be sued, may borrow money; issue bonds, notes, or debt

18  instruments; pledge or sell assessments, market equalization

19  surcharges and other surcharges, rights, premiums, contractual

20  rights, projected recoveries from the Florida Hurricane

21  Catastrophe Fund, other reinsurance recoverables, and other

22  assets as security for such bonds, notes, or debt instruments;

23  enter into any contracts or agreements necessary or proper to

24  accomplish such borrowings; and take other actions necessary

25  to carry out the purposes of this subsection. The association

26  may issue bonds or incur other indebtedness, or have bonds

27  issued on its behalf by a unit of local government pursuant to

28  subparagraph (g)2., in the absence of a hurricane or other

29  weather-related event, upon a determination by the association

30  subject to approval by the department that such action would

31  enable it to efficiently meet the financial obligations of the


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                                          HB 4765, First Engrossed



  1  association and that such financings are reasonably necessary

  2  to effectuate the requirements of this subsection. Any such

  3  entity may accumulate reserves and retain surpluses as of the

  4  end of any association year to provide for the payment of

  5  losses incurred by the association during that year or any

  6  future year. The association shall incorporate and continue

  7  the plan of operation and articles of agreement in effect on

  8  the effective date of chapter 76-96, Laws of Florida, to the

  9  extent that it is not inconsistent with chapter 76-96, and as

10  subsequently modified consistent with chapter 76-96. The board

11  of directors and officers currently serving shall continue to

12  serve until their successors are duly qualified as provided

13  under the plan. The assets and obligations of the plan in

14  effect immediately prior to the effective date of chapter

15  76-96 shall be construed to be the assets and obligations of

16  the successor plan created herein.

17         c.  In recognition of s. 10, Art. I of the State

18  Constitution, prohibiting the impairment of obligations of

19  contracts, it is the intent of the Legislature that no action

20  be taken whose purpose is to impair any bond indenture or

21  financing agreement or any revenue source committed by

22  contract to such bond or other indebtedness issued or incurred

23  by the association or any other entity created under this

24  subsection.

25         7.  On such coverage, an agent's remuneration shall be

26  that amount of money payable to the agent by the terms of his

27  or her contract with the company with which the business is

28  placed. However, no commission will be paid on that portion of

29  the premium which is in excess of the standard premium of that

30  company.

31


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                                          HB 4765, First Engrossed



  1         8.  Subject to approval by the department, the

  2  association may establish different eligibility requirements

  3  and operational procedures for any line or type of coverage

  4  for any specified eligible area or portion of an eligible area

  5  if the board determines that such changes to the eligibility

  6  requirements and operational procedures are justified due to

  7  the voluntary market being sufficiently stable and competitive

  8  in such area or for such line or type of coverage and that

  9  consumers who, in good faith, are unable to obtain insurance

10  through the voluntary market through ordinary methods would

11  continue to have access to coverage from the association. When

12  coverage is sought in connection with a real property

13  transfer, such requirements and procedures shall not provide

14  for an effective date of coverage later than the date of the

15  closing of the transfer as established by the transferor, the

16  transferee, and, if applicable, the lender.

17         9.  Notwithstanding any other provision of law:

18         a.  The pledge or sale of, the lien upon, and the

19  security interest in any rights, revenues, or other assets of

20  the association created or purported to be created pursuant to

21  any financing documents to secure any bonds or other

22  indebtedness of the association shall be and remain valid and

23  enforceable, notwithstanding the commencement of and during

24  the continuation of, and after, any rehabilitation,

25  insolvency, liquidation, bankruptcy, receivership,

26  conservatorship, reorganization, or similar proceeding against

27  the association under the laws of this state or any other

28  applicable laws.

29         b.  No such proceeding shall relieve the association of

30  its obligation, or otherwise affect its ability to perform its

31  obligation, to continue to collect, or levy and collect,


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                                          HB 4765, First Engrossed



  1  assessments, market equalization or other surcharges,

  2  projected recoveries from the Florida Hurricane Catastrophe

  3  Fund, reinsurance recoverables, or any other rights, revenues,

  4  or other assets of the association pledged.

  5         c.  Each such pledge or sale of, lien upon, and

  6  security interest in, including the priority of such pledge,

  7  lien, or security interest, any such assessments, emergency

  8  assessments, market equalization or renewal surcharges,

  9  projected recoveries from the Florida Hurricane Catastrophe

10  Fund, reinsurance recoverables, or other rights, revenues, or

11  other assets which are collected, or levied and collected,

12  after the commencement of and during the pendency of or after

13  any such proceeding shall continue unaffected by such

14  proceeding.

15         d.  As used in this subsection, the term "financing

16  documents" means any agreement, instrument, or other document

17  now existing or hereafter created evidencing any bonds or

18  other indebtedness of the association or pursuant to which any

19  such bonds or other indebtedness has been or may be issued and

20  pursuant to which any rights, revenues, or other assets of the

21  association are pledged or sold to secure the repayment of

22  such bonds or indebtedness, together with the payment of

23  interest on such bonds or such indebtedness, or the payment of

24  any other obligation of the association related to such bonds

25  or indebtedness.

26         e.  Any such pledge or sale of assessments, revenues,

27  contract rights or other rights or assets of the association

28  shall constitute a lien and security interest, or sale, as the

29  case may be, that is immediately effective and attaches to

30  such assessments, revenues, contract, or other rights or

31  assets, whether or not imposed or collected at the time the


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                                          HB 4765, First Engrossed



  1  pledge or sale is made. Any such pledge or sale is effective,

  2  valid, binding, and enforceable against the association or

  3  other entity making such pledge or sale, and valid and binding

  4  against and superior to any competing claims or obligations

  5  owed to any other person or entity, including policyholders in

  6  this state, asserting rights in any such assessments,

  7  revenues, contract, or other rights or assets to the extent

  8  set forth in and in accordance with the terms of the pledge or

  9  sale contained in the applicable financing documents, whether

10  or not any such person or entity has notice of such pledge or

11  sale and without the need for any physical delivery,

12  recordation, filing, or other action.

13         f.  There shall be no liability on the part of, and no

14  cause of action of any nature shall arise against, any member

15  insurer or its agents or employees, agents or employees of the

16  association, members of the board of directors of the

17  association, or the department or its representatives, for any

18  action taken by them in the performance of their duties or

19  responsibilities under this subsection. Such immunity does not

20  apply to actions for breach of any contract or agreement

21  pertaining to insurance, or any willful tort.

22         Section 82.  Effective January 1, 1999, subsections (8)

23  and (11) of section 320.771, Florida Statutes, are repealed.

24         Section 83.  Paragraph (c) of subsection (7) of section

25  322.08, Florida Statutes, is repealed.

26         Section 84.  Subsection (3) of section 322.1615,

27  Florida Statutes, is amended to read:

28         322.1615  Learner's driver's license.--

29         (3)  A person who holds a learner's driver's license

30  may operate a vehicle only during daytime daylight hours,

31  except that the holder of a learner's driver's license may


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                                          HB 4765, First Engrossed



  1  operate a vehicle during nighttime hours, but no later than 10

  2  p.m., between the hours of 7 p.m. and 10 p.m. 3 months after

  3  the issuance of the learner's driver's license.

  4         Section 85.  Section 331.304, Florida Statutes, is

  5  amended to read:

  6         331.304  Spaceport territory.--The following property

  7  shall constitute spaceport territory:

  8         (1)  Certain real property located in Brevard County

  9  that is included within the 1997 boundaries of Patrick Air

10  Force Base, Cape Canaveral Air Station, John F. Kennedy Space

11  Center with the following boundaries:

12         (a)  Northern boundary--Latitude 28°32'30" North.

13         (b)  Eastern boundary--The mean high water line of the

14  shore along the Atlantic Ocean.

15         (c)  Western boundary--Cape Road (State Road 401).

16         (d)  Southern boundary--Latitude 28°26' North.

17         (2)  Certain real property located in Gulf County with

18  the following boundaries:

19         (a)  Northern boundary--Latitude 29°40'45" North from

20  longitude 85°20' West in a westerly direction to the mean high

21  water line of the Gulf of Mexico.

22         (b)  Eastern boundary--Longitude 85°20' West.

23         (c)  Western boundary--The mean high water line of the

24  shore along the Gulf of Mexico.

25         (d)  Southern boundary--The mean high water line of the

26  shore along the Gulf of Mexico.

27         (3)  Certain real property located in Santa Rosa,

28  Okaloosa, and Walton Counties that is included within the 1997

29  boundaries of Eglin Air Force Base.

30         Section 86.  Subsection (6) of section 322.28, Florida

31  Statutes, is amended to read:


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                                          HB 4765, First Engrossed



  1         322.28  Period of suspension or revocation.--

  2         (6)  No court shall stay the administrative suspension

  3  of a driving privilege under s. 322.2615 or s. 322.2616 shall

  4  be stayed upon a request for during judicial review of the

  5  departmental order that resulted in such suspension and,

  6  except as provided in former s. 322.261, no suspension or

  7  revocation of a driving privilege shall be stayed upon an

  8  appeal of the conviction or order that resulted therein.

  9         Section 87.  Section 332.003, Florida Statutes, is

10  amended to read:

11         332.003  Florida Airport Development and Assistance

12  Act; short title.--Sections 332.003-332.009 332.003-332.007

13  may be cited as the "Florida Airport Development and

14  Assistance Act."

15         Section 88.  Subsections (1) and (5) of section

16  332.004, Florida Statutes, are amended to read:

17         332.004  Definitions of terms used in ss.

18  332.003-332.007.--As used in ss. 332.003-332.007, the term:

19         (1)  "Airport" means any area of land or water, or any

20  manmade object or facility located therein, which is used, or

21  intended for public use, for the landing and takeoff of

22  aircraft, including reusable launch vehicles and other space

23  transportation systems, and any appurtenant areas which are

24  used, or intended for public use, for airport buildings or

25  other airport facilities or rights-of-way.

26         (5)  "Airport or aviation discretionary capacity

27  improvement projects" or "discretionary capacity improvement

28  projects" means capacity improvements which are consistent, to

29  the maximum extent feasible, with the approved local

30  government comprehensive plans of the units of local

31  government in which the airport is located, and which enhance


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                                          HB 4765, First Engrossed



  1  intercontinental or space transportation capacity at airports

  2  which:

  3         (a)  Are international airports with United States

  4  Customs Service or a spaceport as defined in s. 331.303(19);

  5         (b)  Had one or more orbital flights or regularly

  6  scheduled intercontinental flights during the previous

  7  calendar year or have an agreement in writing for installation

  8  of one or more orbital flights or regularly scheduled

  9  intercontinental flights upon the commitment of funds for

10  stipulated airport capital improvements; and

11         (c)  Have available or planned public ground

12  transportation between the airport and other major

13  transportation facilities.

14         Section 89.  Paragraph (a) of subsection (7) of section

15  332.007, Florida Statutes, is amended to read:

16         332.007  Administration and financing of aviation and

17  airport programs and projects; state plan.--

18         (7)  Subject to the availability of appropriated funds

19  in addition to aviation fuel tax revenues, the department may

20  participate in the capital cost of eligible public airport and

21  aviation discretionary capacity improvement projects.  The

22  annual legislative budget request shall be based on the

23  funding required for discretionary capacity improvement

24  projects in the aviation and airport work program.

25         (a)  The department shall provide priority funding in

26  support of:

27         1.  Land acquisition which provides additional capacity

28  at the qualifying international airport or at that airport's

29  supplemental air carrier airport.

30

31


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                                          HB 4765, First Engrossed



  1         2.  Runway and taxiway projects that add capacity or

  2  are necessary to accommodate technological changes in the

  3  aviation industry.

  4         3.  Airport access transportation projects that improve

  5  direct airport access and are approved by the airport sponsor.

  6         4.  International terminal projects that increase

  7  international gate capacity.

  8         5.  Commercial and dual-use space transportation

  9  projects.

10         Section 90.  Section 332.009, Florida Statutes, is

11  created to read:

12         332.009  Nothing in this chapter shall be construed to

13  authorize expenditure of aviation fuel tax revenues on space

14  transportation projects. Nothing in this chapter shall be

15  construed to limit the department's authority under s.

16  331.360.

17         Section 91.  Subsection (1) of section 334.0445,

18  Florida Statutes, is amended to read:

19         334.0445  Model career service classification and

20  compensation plan.--

21         (1)  Effective July 1, 1994, the Legislature grants to

22  the Department of Transportation in consultation with the

23  Department of Management Services, the Executive Office of the

24  Governor, legislative appropriations committees, legislative

25  personnel committees, and the affected certified bargaining

26  unions, the authority on a pilot basis to develop and

27  implement a model career service classification and

28  compensation system. Such system shall be developed for use by

29  all state agencies. Authorization for this program will end

30  June 30, 2000 be for 3 fiscal years beginning July 1, 1994,

31  and ending June 30, 1997; however, the department may elect or


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                                          HB 4765, First Engrossed



  1  be directed by the Legislature to return to the current system

  2  at anytime during this period if the model system does not

  3  meet the stated goals and objectives.

  4         Section 92.  Subsection (1) of section 335.0415,

  5  Florida Statutes, is amended to read:

  6         335.0415  Public road jurisdiction and transfer

  7  process.--

  8         (1)  The jurisdiction of public roads and the

  9  responsibility for operation and maintenance within the

10  right-of-way of any road within the state, county, and

11  municipal road system shall be that which existed on June 10,

12  1995 exists on July 1, 1995.

13         Section 93.  Section 335.165, Florida Statutes, is

14  repealed.

15         Section 94.  Paragraph (a) of subsection (8) of section

16  337.11, Florida Statutes, is amended to read:

17         337.11  Contracting authority of department; bids;

18  emergency repairs, supplemental agreements, and change orders;

19  combined design and construction contracts; progress payments;

20  records; requirements of vehicle registration.--

21         (8)(a)  The department shall permit the use of written

22  supplemental agreements and written change orders to any

23  contract entered into by the department. Any supplemental

24  agreement shall be reduced to written contract form, approved

25  by the contractor's surety, and executed by the contractor and

26  the department. Any supplemental agreement modifying any item

27  in the original contract must be approved by the head of the

28  department, or his or her designee, and executed by the

29  appropriate person designated by him or her.

30         Section 95.  Section 337.185, Florida Statutes, is

31  amended to read:


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                                          HB 4765, First Engrossed



  1         337.185  State Arbitration Board.--

  2         (1)  To facilitate the prompt settlement of claims for

  3  additional compensation arising out of construction contracts

  4  between the department and the various contractors with whom

  5  it transacts business, the Legislature does hereby establish

  6  the State Arbitration Board, referred to in this section as

  7  the "board." For the purpose of this section, "claim" shall

  8  mean the aggregate of all outstanding claims by a party

  9  arising out of a construction contract.  Every contractual

10  claim in an amount up to $250,000 $100,000 per contract or, at

11  the claimant's option, up to $500,000 $250,000 per contract

12  that cannot be resolved by negotiation between the department

13  and the contractor shall be arbitrated by the board after

14  acceptance of the project by the department.  As an exception,

15  either party to the dispute may request that the claim be

16  submitted to binding private arbitration.  A court of law may

17  not consider the settlement of such a claim until the process

18  established by this section has been exhausted.

19         (2)  The board shall be composed of three members.  One

20  member shall be appointed by the head of the department, and

21  one member shall be elected by those construction companies

22  who are under contract with the department.  The third member

23  shall be chosen by agreement of the other two members.

24  Whenever the third member has a conflict of interest regarding

25  affiliation with one of the parties, the other two members

26  shall select an alternate member for that hearing. The head of

27  the department may select an alternative or substitute to

28  serve as the department member for any hearing or term. Each

29  member shall serve a 2-year term. The board shall elect a

30  chair, each term, who shall be the administrator of the board

31  and custodian of its records.


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                                          HB 4765, First Engrossed



  1         (3)  A hearing may be requested by the department or by

  2  a contractor who has a dispute with the department which,

  3  under the rules of the board, may be the subject of

  4  arbitration.  The board shall conduct the hearing within 45

  5  days of the request.  The party requesting the board's

  6  consideration shall give notice of the hearing to each member.

  7  If the board finds that a third party is necessary to resolve

  8  the dispute, the board may vote to dismiss the claim, which

  9  may thereafter be pursued in accordance with the laws of the

10  State of Florida a court of law.

11         (4)  All members shall be necessary to conduct a

12  meeting. Upon being called into session, the board shall

13  promptly proceed to a determination of the issue or issues in

14  dispute.

15         (5)  When a valid contract is in effect defining the

16  rights, duties, and liabilities of the parties with respect to

17  any matter in dispute, the board shall have power only to

18  determine the proper interpretation and application of the

19  contract provisions which are involved.  Any investigation

20  made by less than the whole membership of the board shall be

21  by authority of a written directive by the chair, and such

22  investigation shall be summarized in writing and considered by

23  the board as part of the record of its proceedings.

24         (6)  The board shall hand down its order within 60 days

25  after it is called into session.  If all three members of the

26  board do not agree, the order of the majority will constitute

27  the order of the board.

28         (7)  The members member of the board elected by

29  construction companies and the third member of the board may

30  receive compensation for the performance of their duties

31  hereunder, from administrative fees received by the board,


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                                          HB 4765, First Engrossed



  1  except that no employee of the department may receive

  2  compensation from the board. The compensation amount shall be

  3  determined by the board, but shall not exceed $125 per hour,

  4  up to a maximum of $1,000 $750 per day for each member

  5  authorized to receive compensation.  Nothing in this section

  6  shall prevent the member elected by construction companies

  7  from being an employee of an association affiliated with the

  8  industry, even if the sole responsibility of that member is

  9  service on the board. Travel expenses for the industry member

10  may be paid by an industry association, if necessary. The

11  board may allocate funds annually for clerical and other

12  administrative services.

13         (8)  The party requesting arbitration shall pay a fee

14  to the board in accordance with a schedule established by it,

15  not to exceed $500 per claim which is $25,000 or less, not to

16  exceed $1,000 per claim which is in excess of $25,000 but not

17  exceeding $50,000, not to exceed $1,500 per claim which is in

18  excess of $50,000 but not exceeding $100,000, not to exceed

19  $2,000 per claim which is in excess of $100,000 but not

20  exceeding $200,000, and not to exceed $3,000 $2,500 per claim

21  which is in excess of $200,000 but not exceeding $300,000

22  $250,000, not to exceed $4,000 per claim which is in excess of

23  $300,000 but not exceeding $400,000, and not to exceed $5,000

24  per claim which is in excess of $400,000 but not exceeding

25  $500,000, to cover the cost of administration and compensation

26  of the board.

27         (9)  The board in its order may apportion the fee set

28  out in subsection (8), and the cost of recording and preparing

29  a transcript of the hearing, among the parties in accordance

30  with the board's finding of liability.

31


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                                          HB 4765, First Engrossed



  1         Section 96.  Subsection (1) of section 337.19, Florida

  2  Statutes, is amended to read:

  3         337.19  Suits by and against department; limitation of

  4  actions; forum.--

  5         (1)  Suits at law and in equity may be brought and

  6  maintained by and against the department on any contract claim

  7  arising from the breach of an express provision or an implied

  8  covenant of a written agreement or a written directive issued

  9  by the department pursuant to the written agreement. In any

10  such suit, the department and the contractor shall have all of

11  the same rights, obligations, remedies, and defenses as a

12  private person under a like contract, except that no liability

13  may be based on an oral modification of the written contract

14  or written directive. However, this section shall not be

15  construed to in any way prohibit the department from limiting

16  its liability or damages through provisions in its contracts.

17  Notwithstanding anything to the contrary contained herein, no

18  employee or agent of the department may be held personally

19  liable to an extent greater than that under s. 768.28 under

20  contract for work done; provided, that no suit sounding in

21  tort shall be maintained against the department.

22         Section 97.  Subsection (1) of section 337.403, Florida

23  Statutes, is amended to read:

24         337.403  Relocation of utility; expenses.--

25         (1)  Any utility heretofore or hereafter placed upon,

26  under, over, or along any public road or publicly owned rail

27  corridor that is found by the authority to be unreasonably

28  interfering in any way with the convenient, safe, or

29  continuous use, or the maintenance, improvement, extension, or

30  expansion, of such public road or publicly owned rail corridor

31  shall, upon 30 days' written notice to the utility or its


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                                          HB 4765, First Engrossed



  1  agent by the authority, be removed or relocated by such

  2  utility at its own expense except as provided in paragraphs

  3  (a), and (b), and (c).

  4         (a)  If the relocation of utility facilities, as

  5  referred to in s. 111 of the Federal-Aid Highway Act of 1956,

  6  Pub. L. No. 627 of the 84th Congress, is necessitated by the

  7  construction of a project on the federal-aid interstate

  8  system, including extensions thereof within urban areas, and

  9  the cost of such project is eligible and approved for

10  reimbursement by the Federal Government to the extent of 90

11  percent or more under the Federal Aid Highway Act, or any

12  amendment thereof, then in that event the utility owning or

13  operating such facilities shall relocate such facilities upon

14  order of the department, and the state shall pay the entire

15  expense properly attributable to such relocation after

16  deducting therefrom any increase in the value of the new

17  facility and any salvage value derived from the old facility.

18         (b)  When a joint agreement between the department and

19  the utility is executed for utility improvement, relocation,

20  or removal work to be accomplished as part of a contract for

21  construction of a transportation facility, the department may

22  participate in those utility improvement, relocation, or

23  removal costs that exceed the department's official estimate

24  of the cost of such work by more than 10 percent. The amount

25  of such participation shall be limited to the difference

26  between the official estimate of all the work in the joint

27  agreement plus 10 percent and the amount awarded for this work

28  in the construction contract for such work. The department may

29  not participate in any utility improvement, relocation, or

30  removal costs that occur as a result of changes or additions

31  during the course of the contract.


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                                          HB 4765, First Engrossed



  1         (c)  When an agreement between the department and

  2  utility is executed for utility improvement, relocation, or

  3  removal work to be accomplished in advance of a contract for

  4  construction of a transportation facility, the department may

  5  participate in the cost of clearing and grubbing necessary to

  6  perform such work.

  7         Section 98.  Section 338.229, Florida Statutes, is

  8  amended to read:

  9         338.229  Pledge to bondholders not to restrict certain

10  rights of department.--The state does pledge to, and agree

11  with, the holders of the bonds issued pursuant to ss.

12  338.22-338.241 338.22-338.244 that the state will not limit or

13  restrict the rights vested in the department to construct,

14  reconstruct, maintain, and operate any turnpike project as

15  defined in ss. 338.22-338.241 338.22-338.244 or to establish

16  and collect such tolls or other charges as may be convenient

17  or necessary to produce sufficient revenues to meet the

18  expenses of maintenance and operation of the turnpike system

19  and to fulfill the terms of any agreements made with the

20  holders of bonds authorized by this act and that the state

21  will not in any way impair the rights or remedies of the

22  holders of such bonds until the bonds, together with interest

23  on the bonds, are fully paid and discharged. In implementing

24  this section, the department is specifically authorized to

25  provide for further restrictions on the sale, transfer, lease,

26  or other disposition or operation of any portion of the

27  turnpike system, which reduces the revenue available for

28  payment to bondholders.

29         Section 99.  Subsections (3) and (23) of section

30  479.01, Florida Statutes, are amended to read:

31


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                                          HB 4765, First Engrossed



  1         479.01  Definitions.--As used in this chapter, the

  2  term:

  3         (3)  "Commercial or industrial zone" means a parcel of

  4  land an area within 660 feet of the nearest edge of the

  5  right-of-way of the interstate or federal-aid primary system

  6  designated predominately for commercial or industrial use

  7  under both the future land use map of the comprehensive plan

  8  and the land use development regulations adopted pursuant to

  9  chapter 163. Where a parcel is located in an area designated

10  for multiple uses on the future land use map of the

11  comprehensive plan, and the land development regulations do

12  not clearly designate the parcel for a specific use, the area

13  will be considered an unzoned commercial or industrial area if

14  it meets the criteria of subsection (23) Where a local

15  governmental entity has not enacted a comprehensive plan by

16  local ordinance but has zoning regulations governing the area,

17  the zoning of an area shall determine whether the area is

18  designated predominately for commercial or industrial uses.

19         (23)(a)  "Unzoned commercial or industrial area" means

20  a parcel of land designated by the an area within 660 feet of

21  the nearest edge of the right-of-way of the interstate or

22  federal-aid primary system where the land use is not covered

23  by a future land use map of the comprehensive plan for

24  multiple uses, including commercial or industrial uses, but

25  not specifically designated for commerical or industrial uses

26  under the land development regulations or zoning regulation

27  pursuant to subsection (2), in which there are located three

28  or more separate and distinct conforming industrial or

29  commercial activities such that:

30

31


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                                          HB 4765, First Engrossed



  1         1.  At least one of the commercial or industrial

  2  activities is located on the same side of the highway and

  3  within 800 feet of the sign location;

  4         2.  The commercial or industrial activities are within

  5  660 feet from the nearest edge of the right-of-way; and

  6         3.  The commercial or industrial activities are within

  7  1,600 feet of each other.

  8

  9  Distances shall be measured from the nearest outer edge of the

10  primary building or, when the individual units of a building

11  complex are connected by covered walkways, from the nearest

12  outer edge of the primary building complex. uses located

13  within a 1,600-foot radius of each other and generally

14  recognized as commercial or industrial by zoning authorities

15  in this state.

16         (b)  Certain activities, including, but not limited to,

17  the following, may not be so recognized as commercial or

18  industrial:

19         1.(a)  Signs.

20         2.  Communication towers.

21         3.(b)  Agricultural, forestry, ranching, grazing,

22  farming, and related activities, including, but not limited

23  to, wayside fresh produce stands.

24         4.(c)  Transient or temporary activities.

25         5.(d)  Activities not visible from the main-traveled

26  way.

27         6.(e)  Activities conducted more than 660 feet from the

28  nearest edge of the right-of-way.

29         7.(f)  Activities conducted in a building principally

30  used as a residence.

31         8.(g)  Railroad tracks and minor sidings.


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                                          HB 4765, First Engrossed



  1         Section 100.  Paragraph (b) of subsection (8) of

  2  section 479.07, Florida Statutes, is amended to read:

  3         479.07  Sign permits.--

  4         (8)

  5         (b)  If a permittee has not submitted his or her fee

  6  payment by the expiration date of the licenses or permits, the

  7  department shall send a notice of violation to the permittee

  8  within 45 days after the expiration date, requiring the

  9  payment of the permit fee within 30 days after the date of the

10  notice and payment of a delinquency fee equal to 10 percent of

11  the original amount due or, in the alternative to these

12  payments, requiring the filing of a request for an

13  administrative hearing to show cause why his or her sign

14  should not be subject to immediate removal due to expiration

15  of his or her license or permit. If the permittee submits

16  payment as required by the violation notice, his or her

17  license or permit will be automatically reinstated and such

18  reinstatement will be retroactive to the original expiration

19  date. If the permittee does not respond to the notice of

20  violation within the 30-day period, the department shall,

21  within 30 days, issue a final notice of sign removal and may,

22  following 90 days after the date of the department's final

23  notice of sign removal, remove the sign without incurring any

24  liability as a result of such removal. However, if at any time

25  prior to removal of the sign within 90 days after the date of

26  the department's final notice of sign removal, the permittee

27  demonstrates that a good faith error on the part of the

28  permittee resulted in cancellation or nonrenewal of the

29  permit, the department may reinstate the permit if:

30         1.  The sign has not yet been disassembled by the

31  permittee;


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                                          HB 4765, First Engrossed



  1         2.  Conflicting applications have not been filed by

  2  other persons;

  3         1.3.  A The permit reinstatement fee of up to $300 is

  4  paid, based on the size of the sign;

  5         2.4.  All other permit renewal and delinquent permit

  6  fees due as of the reinstatement date are paid; and

  7         3.5.  The permittee reimburses the department for all

  8  actual costs resulting from the permit cancellation or

  9  nonrenewal and sign removal.

10

11  Conflicting applications filed by other persons for the same

12  or competing site covered by a permit subject to the

13  provisions of this paragraph shall not be approved until after

14  the sign subject to the expired permit has been removed.

15         Section 101.  Subsection (15) of section 479.16,

16  Florida Statutes, is amended to read:

17         479.16  Signs for which permits are not required.--The

18  following signs are exempt from the requirement that a permit

19  for a sign be obtained under the provisions of this chapter

20  but are required to comply with the provisions of s.

21  479.11(4)-(8):

22         (15)  Signs not in excess of 16 square feet placed at a

23  road junction with the State Highway System denoting only the

24  distance or direction of a residence or farm operation, or, in

25  a rural area where a hardship is created because a small

26  business is not visible from the road junction with the State

27  Highway System, one sign not in excess of 16 8 square feet,

28  denoting only the name of the business and the distance and

29  direction to the business. The small-business-sign provision

30  of this subsection does not apply to charter counties and may

31  not be implemented if the Federal Government notifies the


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                                          HB 4765, First Engrossed



  1  department that implementation will adversely affect the

  2  allocation of federal funds to the department.

  3         Section 102.  Subsection (1) of section 14 of chapter

  4  96-423, Laws of Florida, is amended to read:

  5         Section 14.  (1)  Notwithstanding chapter 253, Florida

  6  Statutes, or chapter 270, Florida Statutes, the Department of

  7  Transportation, on behalf of the Board of Trustees of the

  8  Internal Improvement Trust Fund, may sell the state real

  9  property located at 5200 East Colonial Drive, Orlando,

10  Florida, which is utilized by the Department of Highway Safety

11  and Motor Vehicles.  Any such sale shall be at fair market

12  value. Proceeds from the sale shall be deposited in the State

13  Transportation Trust Fund. or the existing lease between the

14  Board of Trustees of the Internal Improvement Trust Fund and

15  the Department of Business and Professional Regulation for use

16  of the regional service center located at 133 South Semoran

17  Boulevard, Orlando, Florida, the department, with the

18  technical assistance and staff support of the Department of

19  Management Services, may sell the regional service center.

20  Proceeds from the sale shall be deposited in the Professional

21  Regulation Trust Fund and distributed to the accounts of the

22  professions, based on each profession's pro rata share of the

23  costs of the original purchase and renovation of the real

24  estate. The Board of Trustees of the Internal Improvement

25  Trust Fund shall execute and deliver a deed of conveyance for

26  the purpose of carrying into effect a contract or agreement of

27  sale.

28         Section 103.  When the Department of Transportation

29  receives federal funds through reauthorization of the Federal

30  Intermodal Surface Transportation Efficiency Act, the

31  department shall expend $5,000,000 from the State


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                                          HB 4765, First Engrossed



  1  Transportation Trust fund for Orlando Area Metropolitan

  2  Planning Organization project No. 5147232, for the

  3  construction of an interchange on Interstate 4 at Conroy Road.

  4         Section 104.  Effective October 1, 1998, subsection (1)

  5  of section 832.06, Florida Statutes, is amended to read:

  6         832.06  Prosecution for worthless checks given tax

  7  collector for licenses or taxes; refunds.--

  8         (1)  Whenever any person, firm, or corporation violates

  9  the provisions of s. 832.05 by drawing, making, uttering,

10  issuing, or delivering to any county tax collector any check,

11  draft, or other written order on any bank or depository for

12  the payment of money or its equivalent for any tag, title,

13  lien, tax (except ad valorem taxes), penalty, or fee relative

14  to a boat, airplane, or motor vehicle; any occupational

15  license, beverage license, or sales or use tax; or any hunting

16  or fishing license; or any driver license or identification

17  card, the county tax collector, after the exercise of due

18  diligence to locate the person, firm, or corporation which

19  drew, made, uttered, issued, or delivered the check, draft, or

20  other written order for the payment of money, or to collect

21  the same by the exercise of due diligence and prudence, shall

22  swear out a complaint in the proper court against the person,

23  firm, or corporation for the issuance of the worthless check

24  or draft. If the state attorney cannot sign the information

25  due to lack of proof, as determined by the state attorney in

26  good faith, for a prima facie case in court, he or she shall

27  issue a certificate so stating to the tax collector. If

28  payment of the dishonored check, draft, or other written

29  order, together with court costs expended, is not received in

30  full by the county tax collector within 30 days after service

31  of the warrant, 30 days after conviction, or 60 days after the


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                                          HB 4765, First Engrossed



  1  collector swears out the complaint or receives the certificate

  2  of the state attorney, whichever is first, the county tax

  3  collector shall make a written report to this effect to the

  4  Department of Highway Safety and Motor Vehicles relative to

  5  airplanes and motor vehicles, to the Department of

  6  Environmental Protection relative to boats, to the Department

  7  of Revenue relative to occupational licenses and the sales and

  8  use tax, to the Division of Alcoholic Beverages and Tobacco of

  9  the Department of Business and Professional Regulation

10  relative to beverage licenses, or to the Game and Fresh Water

11  Fish Commission relative to hunting and fishing licenses,

12  containing a statement of the amount remaining unpaid on the

13  worthless check or draft. If the information is not signed,

14  the certificate of the state attorney is issued, and the

15  written report of the amount remaining unpaid is made, the

16  county tax collector may request the sum be forthwith refunded

17  by the appropriate governmental entity, agency, or department.

18  If a warrant has been issued and served, he or she shall

19  certify to that effect, together with the court costs and

20  amount remaining unpaid on the check. The county tax collector

21  may request that the sum of money certified by him or her be

22  forthwith refunded by the Department of Highway Safety and

23  Motor Vehicles, the Department of Environmental Protection,

24  the Department of Revenue, the Division of Alcoholic Beverages

25  and Tobacco of the Department of Business and Professional

26  Regulation, or the Game and Fresh Water Fish Commission to the

27  county tax collector. Within 30 days after receipt of the

28  request, the Department of Highway Safety and Motor Vehicles,

29  the Department of Environmental Protection, the Department of

30  Revenue, the Division of Alcoholic Beverages and Tobacco of

31  the Department of Business and Professional Regulation, or the


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                                          HB 4765, First Engrossed



  1  Game and Fresh Water Fish Commission, upon being satisfied as

  2  to the correctness of the certificate of the tax collector, or

  3  the report, shall refund to the county tax collector the sums

  4  of money so certified or reported. If any officer of any court

  5  issuing the warrant is unable to serve it within 60 days after

  6  the issuance and delivery of it to the officer for service,

  7  the officer shall make a written return to the county tax

  8  collector to this effect. Thereafter, the county tax collector

  9  may certify that the warrant has been issued and that service

10  has not been had upon the defendant and further certify the

11  amount of the worthless check or draft and the amount of court

12  costs expended by the county tax collector, and the county tax

13  collector may file the certificate with the Department of

14  Highway Safety and Motor Vehicles relative to motor vehicles

15  and airplanes, with the Department of Environmental Protection

16  relative to boats, with the Department of Revenue relative to

17  occupational licenses and the sales and use tax, with the

18  Division of Alcoholic Beverages and Tobacco of the Department

19  of Business and Professional Regulation relative to beverage

20  licenses, or with the Game and Fresh Water Fish Commission

21  relative to hunting and fishing licenses, together with a

22  request that the sums of money so certified be forthwith

23  refunded by the Department of Highway Safety and Motor

24  Vehicles, the Department of Environmental Protection, the

25  Department of Revenue, the Division of Alcoholic Beverages and

26  Tobacco of the Department of Business and Professional

27  Regulation, or the Game and Fresh Water Fish Commission to the

28  county tax collector, and within 30 days after receipt of the

29  request, the Department of Highway Safety and Motor Vehicles,

30  the Department of Environmental Protection, the Department of

31  Revenue, the Division of Alcoholic Beverages and Tobacco of


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                                          HB 4765, First Engrossed



  1  the Department of Business and Professional Regulation, or the

  2  Game and Fresh Water Fish Commission, upon being satisfied as

  3  to the correctness of the certificate, shall refund the sums

  4  of money so certified to the county tax collector.

  5         Section 105.  Paragraph (c) of subsection (3) of

  6  section 319.23, Florida Statutes, is amended to read:

  7         319.23  Application for, and issuance of, certificate

  8  of title.--

  9         (3)  If a certificate of title has not previously been

10  issued for a motor vehicle or mobile home in this state, the

11  application, unless otherwise provided for in this chapter,

12  shall be accompanied by a proper bill of sale or sworn

13  statement of ownership, or a duly certified copy thereof, or

14  by a certificate of title, bill of sale, or other evidence of

15  ownership required by the law of the state or county from

16  which the motor vehicle or mobile home was brought into this

17  state.  The application shall also be accompanied by:

18         (c)  If the vehicle is an ancient or, antique, or

19  collectible vehicle as defined in s. 320.086, the application

20  shall be accompanied either by a certificate of title; a

21  notarized bill of sale and a registration; or a notarized bill

22  of sale, an affidavit by the owner defending the title from

23  all claims.  The bill of sale must contain a complete vehicle

24  description to include the vehicle identification or engine

25  number, year make, color, selling price, and signatures of the

26  seller and purchaser.

27

28  Verification of the vehicle identification number shall not be

29  required for any new motor vehicle sold in this state by a

30  licensed motor vehicle dealer; any mobile home; any trailer or

31  semitrailer with a net weight of less than 2,000 pounds; or


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                                          HB 4765, First Engrossed



  1  any travel trailer, camping trailer, truck camper, or

  2  fifth-wheel recreation trailer.

  3         Section 106.  Paragraph (e) of subsection (1),

  4  paragraph (a) of subsection (2), and paragraph (e) of

  5  subsection (3) of section 320.08, Florida Statutes, are

  6  amended to read:

  7         320.08  License taxes.--Except as otherwise provided

  8  herein, there are hereby levied and imposed annual license

  9  taxes for the operation of motor vehicles, mopeds, motorized

10  bicycles as defined in s. 316.003(2), and mobile homes, as

11  defined in s. 320.01, which shall be paid to and collected by

12  the department or its agent upon the registration or renewal

13  of registration of the following:

14         (1)  MOTORCYCLES, MOPEDS, MOTORIZED BICYCLES.--

15         (e)  An ancient or, antique, or collectible motorcycle:

16  $10 flat.

17         (2)  AUTOMOBILES FOR PRIVATE USE.--

18         (a)  An ancient or, antique, or collectible automobile

19  as defined in s. 320.086 or street rod as defined in s.

20  320.0863: $7.50 flat.

21         (3)  TRUCKS.--

22         (e)  An ancient or, antique, or collectible truck as

23  defined in s. 320.086: $7.50 flat.

24         Section 107.  Section 320.086, Florida Statutes, is

25  amended to read:

26         320.086  Ancient or, antique, or collectible motor

27  vehicles; "horseless carriage," antique, collectible, or

28  historical license plates.--

29         (1)  The owner of a motor vehicle for private use

30  manufactured in 1942 1927 or earlier, equipped with an engine

31  manufactured in 1942 1927 or earlier or manufactured to the


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                                          HB 4765, First Engrossed



  1  specifications of the original engine, and operated on the

  2  streets and highways of this state shall, upon application in

  3  the manner and at the time prescribed by the department and

  4  upon payment of the license tax for an ancient motor vehicle

  5  prescribed by s. 320.08(1)(e), (2)(a), or (3)(e), be issued a

  6  special license plate for such motor vehicle.  The license

  7  plate shall be permanent and valid for use without renewal so

  8  long as the vehicle is in existence.  In addition to the

  9  payment of all other fees required by law, the applicant shall

10  pay such fee for the issuance of the special license plate as

11  may be prescribed by the department commensurate with the cost

12  of its manufacture.  The registration numbers and special

13  license plates assigned to such motor vehicles shall run in a

14  separate numerical series, commencing with "Horseless Carriage

15  No. 1," and the plates shall be of a distinguishing color.

16         (2)  The owner of a motor vehicle for private use

17  manufactured between 1928 and 1945, inclusive, with an engine

18  manufactured between 1928 and 1945, inclusive, or manufactured

19  to the specifications of the original engine and operated on

20  the streets and highways of this state shall, upon application

21  in the manner and at the time prescribed by the department and

22  upon payment of the license tax prescribed by s. 320.08(1)(e),

23  (2)(a), or (3)(e), be issued a special license plate for such

24  motor vehicle.  In addition to the payment of all other fees

25  required by law, the applicant shall pay such fee for the

26  issuance of the special license plate as may be prescribed by

27  the department commensurate with the cost of its manufacture.

28  The registration numbers and special license plates assigned

29  to such motor vehicles shall run in a separate numerical

30  series, commencing with "Antique Vehicle No. 1," and the

31  plates shall be of a distinguishing color.


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                                          HB 4765, First Engrossed



  1         (2)(3)(a)  The owner of a motor vehicle for private use

  2  manufactured after 1942 and of the age of 30 20 years or more

  3  from the date of manufacture, equipped with an engine of the

  4  age of 30 20 years or more from the date of manufacture, and

  5  operated on the streets and highways of this state may shall,

  6  upon application in the manner and at the time prescribed by

  7  the department and upon payment of the license tax prescribed

  8  by s. 320.08(1)(e), (2)(a), or (3)(e), be issued a special

  9  license plate for such motor vehicle.  In addition to the

10  payment of all other fees required by law, the applicant shall

11  pay such fee for the issuance of the special license plate as

12  may be prescribed by the department commensurate with the cost

13  of its manufacture.  The registration numbers and special

14  license plates assigned to such motor vehicles shall run in a

15  separate numerical series, commencing with "Antique

16  Collectible No. 1," and the plates shall be of a

17  distinguishing color. The owner of such motor vehicle may,

18  upon application and payment of the license tax prescribed by

19  s. 320.08, be issued a regular Florida graphic license plate

20  or specialty license plate in lieu of the special "Antique"

21  license plate.

22         (b)  Motor vehicles currently licensed under this

23  section which have been issued a permanent license plate prior

24  to October 1, 1998, shall maintain such plate unless the

25  vehicle is transferred to a new owner. Motor vehicles

26  currently licensed under this section with a "Collectible"

27  license plate may retain that license plate until the next

28  regularly scheduled replacement.

29         (3)  The owner of an ancient or antique firefighting

30  apparatus or other motor vehicle 30 years old or older which

31  is only used in expositions or parades may, upon application


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                                          HB 4765, First Engrossed



  1  in the manner and at the time prescribed by the department and

  2  upon payment of the license tax prescribed by s. 320.08(2)(a),

  3  be issued a license plate as prescribed in subsection (1) or

  4  subsection (2). License plates issued under this subsection

  5  shall be permanent and valid for use without renewal as long

  6  as the vehicle is in existence and its use is consistent with

  7  this subsection. Motor vehicles with a model year of

  8  1928-1960, registered as ancient prior to July 1, 1996, shall

  9  be grandfathered to maintain a permanent license plate unless

10  a vehicle with a model year of 1946-1960 is transferred to a

11  new owner. Upon transfer of a vehicle with a model year of

12  1946-1960, after July 1, 1996, the vehicle shall be registered

13  as a collectible and required to renew annually as prescribed

14  by s. 320.08.

15         (4)  Any person who is the registered owner of a motor

16  vehicle that is at least 20 years old or the registered owner

17  of an ancient or, antique, or collectible motor vehicle as

18  defined in this section may apply to the department for

19  permission to use a historical Florida license plate which

20  clearly represents the model year of the vehicle as a

21  personalized prestige license plate.  This plate shall be

22  furnished by such person and shall be presented to the

23  department with a reasonable fee to be determined by the

24  department for approval and for authentication that the

25  historic license plate and any applicable decals were issued

26  by this state in the same year as the model year of the car or

27  truck.  The requirements of s. 320.0805(8)(b) do not apply to

28  historical plates authorized under this subsection.

29         Section 108.    Funds included in appropriation Item

30  1916C of Chapter 94-357, Laws of Florida, may be used to

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                                          HB 4765, First Engrossed



  1  purchase land at the Florida Highway Patrol station in Cross

  2  City, Dixie County.

  3         Section 109.  In the event additional federal funds are

  4  received through reauthorization of the Federal Intermodal

  5  Surface Transportation Efficiency Act, the department shall

  6  apply $4.6 million to the Winchester and Englewood Corridor

  7  projects, provided such use of transportation funds is

  8  endorsed by the Charlotte and Sarasota/Manatee Metropolitan

  9  Planning Organization.  Prior to receiving any new federal

10  funds, the department shall allocate $1 million to the

11  Winchester and Englewood Corridor projects as an advance on

12  the $4.6 million of additional federal funds to be applied to

13  the projects.

14         Section 110.  Except as otherwise provided herein, this

15  act shall take effect upon becoming a law.

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