House Bill 4765e2

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                                         HB 4765, Second 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         renumbering and amending s. 335.166, F.S.;

  8         transferring responsibility for welcome

  9         centers' staff to the Florida Commission on

10         Tourism; requiring a study of toll road

11         agencies and the Turnpike District by the

12         Florida Transportation Commission; renumbering

13         and amending s. 334.065, F.S.; revising

14         provisions related to the funding source and

15         the advisory board of the Center for Urban

16         Transportation Research; amending s. 316.003,

17         F.S.; defining the term "neighborhood vehicle";

18         amending s. 316.063, F.S.; changing the term

19         "accident" to "crash"; revising the penalty for

20         obstructing traffic upon damaging an unattended

21         vehicle or other property; creating s.

22         316.0815, F.S.; giving public transit buses the

23         right-of-way when reentering the traffic flow;

24         amending s. 316.091, F.S.; providing that on

25         specified highways certain commercial vehicles

26         may drive only in certain lanes; amending s.

27         316.1967, F.S.; reduces the number of

28         outstanding parking violations which trigger

29         the county clerk to report to the Department of

30         Highway Safety and Motor Vehicles; amending s.

31         316.2055, F.S.; providing a uniform reference


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                                         HB 4765, Second Engrossed



  1         to the penalty for a pedestrian noncriminal

  2         traffic offense punishable under chapter 318,

  3         F.S.; amending s. 316.555, F.S.; exempting

  4         certain silvicultural and agricultural vehicles

  5         and equipment from weight restrictions on

  6         county roads; amending s. 318.15, F.S.;

  7         providing for payment of a certain service fee

  8         to tax collector;  amending s. 318.18, F.S.;

  9         providing that fines for construction zone

10         speed violations shall only be doubled under

11         certain circumstances; amending s. 320.01,

12         F.S.; defining the term "agricultural

13         products"; amending s. 320.04, F.S.; providing

14         a service charge for validation stickers issued

15         by printer dispenser machines; amending s.

16         320.055, F.S.; revising registration renewal

17         period for certain vehicles;  providing for

18         staggered fleet registration; repealing s.

19         320.065, F.S., relating to the registration of

20         certain rental trailers for hire and

21         semitrailers used to haul agricultural

22         products; amending s. 320.0657, F.S.; defining

23         the term "fleet"; providing registration fees;

24         providing penalties for late or improper

25         registration; amending s. 320.0715, F.S.;

26         exempting certain commercial motor vehicles

27         from the International Registration Plan;

28         creating s. 321.045, F.S.; establishing the

29         mission and program objectives of the Florida

30         Highway Patrol; amending s. 20.18, F.S.;

31         creating the Division of Factory-built Housing


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                                         HB 4765, Second Engrossed



  1         in the Department of Community Affairs;

  2         providing a mission statement for the

  3         department; transferring certain powers,

  4         duties, functions, personnel, property, and

  5         appropriations of the department to the

  6         division; transferring certain powers, duties,

  7         functions, personnel, property, and

  8         appropriations of the Department of Highway

  9         Safety and Motor Vehicles to the division;

10         authorizing the Department of Community Affairs

11         and the Department of Highway Safety and Motor

12         Vehicles to enter into agreements to effectuate

13         such transfers; providing for transfer of the

14         mobile home portion of the Mobile Home and

15         Recreational Vehicle Protection Trust Fund into

16         the department's operating trust fund for

17         certain purposes; transferring the portion of

18         the Highway Safety Operating Trust Fund

19         relating to mobile homes into the department's

20         operating trust fund for certain purposes;

21         amending s. 320.781, F.S., to conform; amending

22         s. 553.36, F.S.; providing a definition;

23         amending s. 553.38, F.S.; providing

24         responsibility of the Division of Factory-built

25         Housing to administer part IV of chapter 553,

26         F.S.; creating ss. 553.431, 553.4315, 553.433,

27         553.434, 553.435, 553.4365, 553.437, 553.438,

28         553.446, 553.448, 553.449, 553.450, 553.451,

29         553.452, 553.453, 553.455, 553.456, 553.457,

30         and 553.458, F.S.; recreating certain

31         provisions under chapter 320, F.S., within part


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                                         HB 4765, Second Engrossed



  1         IV of chapter 553, F.S., to conform;

  2         transferring and renumbering ss. 320.823,

  3         320.8335, and 320.840, F.S., to conform;

  4         transferring, renumbering, and amending ss.

  5         320.77, 320.8255, 320.827, 320.8285, 320.830,

  6         320.831, 320.8325, F.S., to conform; requiring

  7         the division to adopt rules on manufactured

  8         housing installation systems; requiring the

  9         development of certain standards for park

10         trailers; amending s. 320.8249, F.S., to

11         conform; limiting certain local government's

12         ability to charge certain permit fees relating

13         to mobile home parks; amending ss. 161.55,

14         319.001, 320.131, 320.27, 320.28, 320.71,

15         320.781, 320.822, 320.8225, 320.8231, 320.8232,

16         320.824, 320.8245, 320.8256, 320.8285, 320.834,

17         320.835, 320.861, 320.865, 325.202, 325.203,

18         325.213, and 627.351, F.S., to conform;

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

20         relating to licensed mobile home dealers

21         selling recreational vehicles and licensed

22         recreational vehicle dealers setting up mobile

23         homes; amending s. 322.1615, F.S.; revising

24         language with respect to nighttime driving

25         restrictions for persons with learner's driver

26         licenses; amending s. 331.304, F.S.; revising

27         the boundaries of spaceport territory; adding

28         certain property located in Santa Rosa,

29         Okaloosa, and Walton Counties to spaceport

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

31         language with respect to judicial stays on


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                                         HB 4765, Second Engrossed



  1         administrative suspensions of driving

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

  3         correcting a reference; amending s. 332.004,

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

  5         "airport or aviation discretionary capacity

  6         improvement projects"; amending s. 332.007,

  7         F.S.; directing the department to provide

  8         priority funding for commercial and dual-use

  9         space transportation projects; creating s.

10         332.009, F.S.; amending s. 334.044, F.S.;

11         providing specific rule-making authority;

12         repealing s. 334.044(15), F.S., relating to

13         certain rulemaking authority; providing for

14         application; amending s. 334.0445, F.S.;

15         extending the time period for the model career

16         service classification plan in the Department

17         of Transportation; amending s. 335.0415, F.S.;

18         modifying the date on which jurisdiction and

19         responsibility for public roads is determined;

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

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

22         requirement for contract approval by a

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

24         revising the State Arbitration Board contract

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

26         revising provisions relating to suits by and

27         against the Department of Transportation and

28         the liability of the department; amending s.

29         337.403, F.S.; authorizing the department to

30         participate in the cost of clearing and

31         grubbing necessary to perform utility


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                                         HB 4765, Second Engrossed



  1         improvement, relocation, or removal work under

  2         certain circumstances; amending s. 338.229,

  3         F.S.; authorizing the department to provide

  4         restrictions on the sale, transfer, lease, or

  5         other disposition or operation of any portion

  6         of the turnpike system which reduces the

  7         revenue available for the payment of

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

  9         redefining the terms "commercial or industrial

10         zone" and "unzoned commercial or industrial

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

12         provisions relating to reinstatement of expired

13         outdoor advertising permits; amending s.

14         479.16, F.S.; increasing the square footage

15         allowable on certain signs; amending chapter

16         96-423, Laws of Florida; authorizing the

17         department to sell certain state property and

18         directing the proceeds of the sale to the State

19         Transportation Trust Fund; providing

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

21         providing procedures for receipt by tax

22         collector of worthless check or draft for

23         driver license or identification card; amending

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

25         reference to collectible vehicles; revising

26         dates with respect to certain ancient or

27         antique motor vehicles; exempting certain

28         vehicles from the act; providing for the

29         issuance of license plates to certain ancient

30         or antique firefighting apparatus or motor

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                                         HB 4765, Second Engrossed



  1         vehicles; providing an appropriation; providing

  2         effective dates.

  3

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

  5

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

  7  20.23, Florida Statutes, is amended to read:

  8         20.23  Department of Transportation.--There is created

  9  a Department of Transportation which shall be a decentralized

10  agency.

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

12  organized into eight districts, including a turnpike district,

13  each headed by a district secretary. The district secretaries

14  shall report to the Assistant Secretary for District

15  Operations. The headquarters of the districts shall be located

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

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

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

19  to provide for efficient operations and to expedite the

20  decisionmaking process, the department shall provide for

21  maximum decentralization to the districts. However, before

22  making a decision to centralize or decentralize department

23  operations or relocate the turnpike district, the department

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

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

26  periodically evaluate such decisions to ensure that they are

27  appropriate.

28         Section 2.  Section 206.606, Florida Statutes, is

29  amended to read:

30         206.606  Distribution of certain proceeds.--

31


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                                         HB 4765, Second Engrossed



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

  2  206.87(1)(e) shall be deposited in the Fuel Tax Collection

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

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

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

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

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

  8  Department of Environmental Protection in each fiscal year.

  9  The transfers must be made in equal monthly amounts beginning

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

11  transferred shall be deposited annually in the Marine

12  Resources Conservation Trust Fund and must be used by the

13  department to fund special projects to provide recreational

14  channel marking, public launching facilities, and other

15  boating-related activities. The department shall annually

16  determine where unmet needs exist for boating-related

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

18  due to the number of vessel registrations, insufficient

19  financial resources are available to meet total water resource

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

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

22  used for aquatic plant management, including nonchemical

23  control of aquatic weeds, research into nonchemical controls,

24  and enforcement activities.  Beginning in fiscal year

25  1993-1994, the department shall allocate at least $1 million

26  of such funds to the eradication of melaleuca.

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

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

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

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

31  used for recreational boating activities of a type consistent


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                                         HB 4765, Second Engrossed



  1  with projects eligible for funding under the Florida Boating

  2  Improvement Program administered by the Department of

  3  Environmental Protection, and freshwater fisheries management

  4  and research.

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

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

  7  334.065.

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

  9  in the State Transportation Trust Fund pursuant to this

10  section shall be allocated by the Department of Transportation

11  for public transit and rail capital projects, including

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

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

14  Act.

15         Section 3.  Effective July 1, 2000, subsection (1) of

16  section 206.606, Florida Statutes, as amended by chapter

17  96-321, Laws of Florida, is amended to read:

18         206.606  Distribution of certain proceeds.--

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

20  206.87(1)(e) shall be deposited in the Fuel Tax Collection

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

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

23  206.41, and the administrative costs incurred by the

24  department in collecting, administering, enforcing, and

25  distributing the tax, which administrative costs may not

26  exceed 2 percent of collections, shall be distributed monthly

27  to the State Transportation Trust Fund, except that:

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

29  Department of Environmental Protection in each fiscal year.

30  The transfers must be made in equal monthly amounts beginning

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


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                                         HB 4765, Second Engrossed



  1  transferred shall be deposited annually in the Marine

  2  Resources Conservation Trust Fund and must be used by the

  3  department to fund special projects to provide recreational

  4  channel marking, public launching facilities, and other

  5  boating-related activities. The department shall annually

  6  determine where unmet needs exist for boating-related

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

  8  due to the number of vessel registrations, insufficient

  9  financial resources are available to meet total water resource

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

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

12  used for aquatic plant management, including nonchemical

13  control of aquatic weeds, research into nonchemical controls,

14  and enforcement activities.  Beginning in fiscal year

15  1993-1994, the department shall allocate at least $1 million

16  of such funds to the eradication of melaleuca.

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

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

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

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

21  used for recreational boating activities of a type consistent

22  with projects eligible for funding under the Florida Boating

23  Improvement Program administered by the Department of

24  Environmental Protection, and freshwater fisheries management

25  and research.

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

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

28  334.065.

29         Section 4.  Section 335.166, Florida Statutes, is

30  renumbered as section 228.125, Florida Statutes, and amended

31  to read:


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                                         HB 4765, Second Engrossed



  1         228.125 335.166  Welcome Centers Office.--

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

  3  Welcome Centers Office staff is assigned to the Florida

  4  Commission on Tourism which shall contract with its

  5  direct-support organization to employ all welcome center

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

  7  1999.  All welcome center staff shall be offered employment

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

  9  received at the Department of Transportation, but with the

10  benefits provided by the direct-support organization to its

11  employees.

12         (2)  The Florida Commission on Tourism shall provide

13  direction for the administration of the Welcome Centers Office

14  and direction for the operation of the welcome

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

16  rental car surcharge provided to the Tourism Promotional Trust

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

18  transfer to the State Transportation Trust Fund or contract

19  with the commission or the commission's direct support

20  organization.

21         Section 5.  The Florida Transportation Commission shall

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

23  transportation needs of all state toll road agencies created

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

25  District of the Florida Department of Transportation. As part

26  of its review, the commission shall identify current and

27  planned activities of existing state toll road agencies and

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

29  contributions to increasing the capacity and

30  interconnectedness of the state highway network. The study may

31  also include an evaluation of the effectiveness and efficiency


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                                         HB 4765, Second Engrossed



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

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

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

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

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

  6  findings and recommendations to the President of the Senate,

  7  the Speaker of the House of Representatives and the Governor

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

  9  commission shall hold at least three public hearings in areas

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

11  section.

12         Section 6.  Section 334.065, Florida Statutes, is

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

14  read:

15         240.80 334.065  Center for Urban Transportation

16  Research.--

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

18  Florida the Florida Center for Urban Transportation Research,

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

20  University System.  The responsibilities of the center

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

22  research on issues related to urban transportation problems in

23  this state and serving as an information exchange and

24  depository for the most current information pertaining to

25  urban transportation and related issues.

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

27  Legislature, the Department of Transportation, local

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

29  private sector in the area of urban transportation and related

30  research and shall generate support in addition to any its

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


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                                         HB 4765, Second Engrossed



  1  center shall promote intercampus transportation and related

  2  research activities among Florida's universities in order to

  3  enhance the ability of these universities to attract federal

  4  and private sector funding for transportation and related

  5  research.

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

  7  and objectively review and advise the center concerning its

  8  research program. Except for projects mandated by law,

  9  state-funded base projects shall not be undertaken without

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

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

12  including the secretaries of the Florida Departments of

13  Transportation, Community Affairs, and Environmental

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

15  Transportation Commission. The nomination of the remaining

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

17  University of South Florida by the College of Engineering at

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

19  members must be reviewed and approved by the Florida

20  Transportation Commission and confirmed by the Board of

21  Regents.

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

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

24  along with the budget of the Board of Regents.

25         Section 7.  Subsection (82) is added to section

26  316.003, Florida Statutes, to read:

27         316.003  Definitions.--The following words and phrases,

28  when used in this chapter, shall have the meanings

29  respectively ascribed to them in this section, except where

30  the context otherwise requires:

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                                         HB 4765, Second Engrossed



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

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

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

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

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

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

  7  headlights, brakelights, turnsignals, windshield, rear view

  8  mirrors, and safety belts.

  9         Section 8.  Section 316.063, Florida Statutes, is

10  amended to read:

11         316.063  Duty upon damaging unattended vehicle or other

12  property.--

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

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

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

16  other vehicle or property, shall immediately stop and shall

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

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

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

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

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

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

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

24  unnecessary delay notify the nearest office of a duly

25  authorized police authority.  Every such stop shall be made

26  without obstructing traffic more than is necessary. If a

27  damaged vehicle is obstructing traffic, the driver shall make

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

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

30  who fails to comply with this subsection commits a misdemeanor

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                                         HB 4765, Second Engrossed



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

  2  s. 775.083.

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

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

  5  obstructing traffic, the driver shall make every reasonable

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

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

  8  subsection is a noncriminal traffic infraction, punishable as

  9  a nonmoving violation as provided in chapter 318.

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

11  crash an accident required to be reported in accordance with

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

13  officer receiving a report by a driver as required by

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

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

16  livestock, promptly make a reasonable effort to notify the

17  owner, occupant, or agent of this damage.

18         Section 9.  Section 316.0815, Florida Statutes, is

19  created to read:

20         316.0815  Duty to yield to public transit vehicles.--

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

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

23  same direction which has signaled and is reentering the

24  traffic flow.

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

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

27  for the safety of all persons using the roadway.

28         Section 10.  Subsection (5) is added to section

29  316.091, Florida Statutes, to read:

30         316.091  Limited access facilities; interstate

31  highways; use restricted.--


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                                         HB 4765, Second Engrossed



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

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

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

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

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

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

  7  Department of Transportation may allow commercial motor

  8  vehicles to operate in additional lanes when necessary for the

  9  safe flow of traffic.

10         Section 11.  Subsection (6) of section 316.1967,

11  Florida Statutes, is amended to read:

12         (6)  Any county or municipality may provide by

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

14  supply the department with a magnetically encoded computer

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

16  which is machine readable by the installed computer system at

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

18  outstanding parking violations, including violations of s.

19  316.1955.  Each county shall provide by ordinance that the

20  clerk of the court or the traffic violations bureau shall

21  supply the department with a magnetically encoded computer

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

23  that is machine readable by the installed computer system at

24  the department, listing persons who have outstanding

25  violations of s. 316.1955 or similar ordinance that regulates

26  parking in spaces designated for use by persons who have

27  disabilities.  The department shall mark the appropriate

28  registration record of persons who are so reported.  Section

29  320.03(8) applies to each person whose name appears on the

30  list.

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                                         HB 4765, Second Engrossed



  1         Section 12.  Section 316.2055, Florida Statutes, is

  2  amended to read:

  3         316.2055  Motor vehicles, throwing advertising

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

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

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

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

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

  9  vehicle any advertising or soliciting materials or to cause or

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

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

12  infraction, punishable as a pedestrian violation as provided

13  in chapter 318.

14         Section 13.  Section 316.555, Florida Statutes, is

15  amended to read:

16         316.555  Weight, load, speed limits may be lowered;

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

18  notwithstanding, the Department of Transportation with respect

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

20  under their jurisdiction, may prescribe, by notice hereinafter

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

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

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

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

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

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

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

28  shall exceed the limits prescribed in said notice.  The

29  Department of Transportation or local authority may, by like

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

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


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                                         HB 4765, Second Engrossed



  1  trailers, or semitrailers on any highways or specified parts

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

  3  their judgment, such regulation or prohibition is necessary to

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

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

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

  7  safety and convenience.  The notice or the substance thereof

  8  shall be posted at conspicuous places at terminals of all

  9  intermediate crossroads and road junctions with the section of

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

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

12  combination contrary to its provisions shall constitute a

13  violation of this chapter. An exemption from any locally

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

15  vehicles transporting silvicultural and agricultural products

16  and to equipment used in connection with silvicultural and

17  agricultural site management when a county road offers the

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

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

20  restrictions established for safety reasons. However, no

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

22  other local authorities pursuant to the provisions of this

23  section that would interfere with or interrupt traffic as

24  authorized hereunder over state roads, including officially

25  established detours for such highways, including cases where

26  such traffic passes over roads, streets or thoroughfares

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

28  local authorities unless such limitations and further

29  restrictions have first been approved by the Department of

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

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


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                                         HB 4765, Second Engrossed



  1  authorities shall have full power and authority to further

  2  limit the weights of vehicles upon bridges and culverts upon

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

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

  5  chapter.

  6         Section 14.  Subsection (2) of section 318.15, Florida

  7  Statutes, is amended to read:

  8         318.15  Failure to comply with civil penalty or to

  9  appear; penalty.--

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

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

12  license and privilege may not be reinstated until the person

13  complies with all obligations and penalties imposed on him or

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

15  certificate of compliance issued by the court, together with

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

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

18  court or a tax collector clearing such suspension.  Such

19  person shall also be in compliance with requirements of

20  chapter 322 prior to reinstatement.

21         Section 15.  Paragraph (c) of subsection (3) of section

22  318.18, Florida Statutes, is amended to read:

23         318.18  Amount of civil penalties.--The penalties

24  required for a noncriminal disposition pursuant to s. 318.14

25  are as follows:

26         (3)

27         (b)  For moving violations involving unlawful speed,

28  the fines are as follows:

29

30  For speed exceeding the limit by:                        Fine:

31  1-9 m.p.h.................................................$ 25


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                                         HB 4765, Second Engrossed



  1  10-14 m.p.h...............................................$100

  2  15-19 m.p.h...............................................$125

  3  20-29 m.p.h...............................................$150

  4  30 m.p.h. and above.......................................$250

  5

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

  7  legally posted school zone or a posted construction zone will

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

  9  The fine shall only be doubled for construction zone

10  violations if construction personnel are present or operating

11  equipment on the road or immediately adjacent to the road

12  under construction.

13         Section 16.  Subsection (42) is added to section

14  320.01, Florida Statutes, to read:

15         320.01  Definitions, general.--As used in the Florida

16  Statutes, except as otherwise provided, the term:

17         (42)  For purposes of this chapter, "agricultural

18  products" means any food product; any agricultural,

19  horticultural, or livestock product; any raw material used in

20  plant food formulation; or any plant food used to produce food

21  and fiber.

22         Section 17.  Paragraph (a) of subsection (1) of section

23  320.04, Florida Statutes, is amended to read:

24         320.04  Registration service charge.--

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

26  each application which is handled in connection with original

27  issuance, duplicate issuance, or transfer of any license

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

29  transfer or duplicate issuance of any registration

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

31  for the issuance of each license plate validation sticker and


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                                         HB 4765, Second Engrossed



  1  mobile home sticker issued from an automated vending facility

  2  or printer dispenser machine which shall be payable to and

  3  retained by the department to provide for automated vending

  4  facilities or printer dispenser machines used to dispense such

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

  6  employee office.

  7         Section 18.    Subsections (2) and (7) of section

  8  320.055, Florida Statutes, are amended to read:

  9         320.055  Registration periods; renewal periods.--The

10  following registration periods and renewal periods are

11  established:

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

13  320.08(11), the registration period begins January 1 and ends

14  December 31.  For a vehicle subject to this registration

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

16  expiration beginning January 1.

17         (7)  For those vehicles subject to registration under

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

19  distributes the registration renewal process throughout the

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

21  the registration period begins December 1 and ends November

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

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

24         Section 19.  Section 320.065, Florida Statutes, is

25  repealed.

26         Section 20.  Section 320.0657, Florida Statutes, is

27  amended to read:

28         320.0657  Permanent registration; fleet license

29  plates.--

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

31  means nonapportioned motor vehicles owned or leased by a


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                                         HB 4765, Second Engrossed



  1  company and used for business purposes.  Vehicle numbers

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

  3  Highway Safety and Motor Vehicles.  Vehicles registered as

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

  5  this section.

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

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

  8  prescribed and upon approval by the department and payment of

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

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

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

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

13  displayed so that they are readily identifiable.  The

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

15  in accordance with this section, and no annual validation

16  sticker is required.

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

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

19  (4), (5)(a)1. and (b), and (7), who has posted a bond as

20  prescribed by department rules, may apply via magnetically

21  encoded computer tape reel or cartridge which is machine

22  readable by the installed computer system at the department

23  for permanent license plates. All vehicles with a fleet

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

25  number displayed so that they are readily identifiable. The

26  provisions of s. 320.0605 shall not apply to vehicles

27  registered in accordance with this section, and no annual

28  validation sticker is required.

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

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

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


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                                         HB 4765, Second Engrossed



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

  2  specified herein.

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

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

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

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

  7  charged for plates issued for the established number of

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

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

10  license plate manufacturing fee.  If the license plate

11  manufacturing cost increases, the department shall increase

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

13  collected shall be deposited into the Highway Safety Operating

14  Trust Fund.  Payment of registration license tax and fees

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

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

17  320.0605 do not apply to vehicles registered in accordance

18  with this section, and no annual validation sticker is

19  required.

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

21  320.08(2), (3), (4), (5)(a)1. and (b), and (7), an annual fee

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

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

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

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

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

27  collectors shall be deposited into the Highway Safety

28  Operating Trust Fund. Payment of registration license tax and

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

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

31  registrations shall not be available for vehicles registered


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                                         HB 4765, Second Engrossed



  1  in accordance with the provisions of this section. The

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

  3  renewal process.

  4         (2)  All recipients of permanent license plates

  5  authorized by this section shall submit an annual audit as

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

  7  a percentage of the vehicles registered by each owner or

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

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

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

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

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

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

14  be prepared by a certified public accountant licensed under

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

16  performed to standards prescribed by the department. Such

17  audits shall be delivered to the department on or before

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

19  audit determines are due the department shall be submitted to

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

21  found to be habitually abusing the privileges afforded by

22  permanent licensure shall forfeit the bond required in

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

24  relinquish all permanent license plates, and not be eligible

25  to continue to participate in the program.

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

27  as necessary to comply with this section.

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

29  properly and timely renew or initially register vehicles in

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

31  $50 or 10 percent of the delinquent taxes due, whichever is


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                                         HB 4765, Second Engrossed



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

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

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

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

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

  6         (5)  All recipients of fleet license plates authorized

  7  by this section must provide the department with an annual

  8  vehicle reconciliation and must annually surrender all

  9  unassigned license plates.  Failure to comply may result in

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

11  termination from the fleet program.

12         Section 21.  Subsection (5) is added to section

13  320.0715, Florida Statutes, to read:

14         320.0715  International Registration Plan; motor

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

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

17  commercial motor vehicle domiciled in a foreign state that

18  enters this state solely for the purpose of bringing a

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

20  purchased commercial vehicle, so long as the commercial motor

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

22         Section 22.  Section 321.045, Florida Statutes, is

23  created to read:

24         321.045  Florida Highway Patrol program

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

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

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

28  accomplish this mission, the program objectives of the Florida

29  Highway Patrol are to:

30         (1)  Reduce the statewide incidence rate for traffic

31  crashes, injuries, and deaths.


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                                         HB 4765, Second Engrossed



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

  2  crashes.

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

  4  services.

  5         (4)  Increase compliance with traffic laws.

  6         (5)  Increase motorist compliance with state motor

  7  vehicle and driver's license insurance laws.

  8         Section 23.  Effective January 1, 1999, paragraph (d)

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

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

11         20.18  Department of Community Affairs.--There is

12  created a Department of Community Affairs.

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

14  Affairs are established:

15         (d)  Division of Factory-built Housing.

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

17  agency responsible for ensuring that there is adequate

18  affordable housing in this state through the use of

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

20  strictly observed by manufacturers, and that the state code

21  for manufactured buildings is an efficient method for

22  providing manufactured buildings to residents of this state.

23  The department shall also be the agency responsible for the

24  installation of mobile homes and manufactured buildings to

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

26  possible with respect to destructive weather.

27         Section 24.  Effective January 1, 1999, the powers,

28  duties, responsibilities, functions, records, personnel,

29  property, and unexpended balances of appropriations,

30  allocations, or other funds within the Department of Community

31  Affairs relating to administration, implementation, and


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                                         HB 4765, Second Engrossed



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

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

  3  the department.

  4         Section 25.  Effective January 1, 1999:

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

  6  personnel, property, and unexpended balances of

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

  8  Mobile Home and Recreational Vehicle Construction of the

  9  Department of Highway Safety and Motor Vehicles relating to

10  regulation and administration of mobile homes, and all

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

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

13  and rules, all enforcement matters, and delegations,

14  interagency agreements, and contracts with federal, state,

15  regional, and local governments and private entities relating

16  to regulation and administration of mobile homes, are hereby

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

18  Department of Community Affairs.

19         (2)  The Department of Community Affairs and the

20  Department of Highway Safety and Motor Vehicles shall have the

21  authority to enter into interagency agreements with each other

22  concerning any matter affected by the transfer of the Bureau

23  of Mobile Home and Recreational Vehicle Construction to the

24  Department of Community Affairs to promote the efficient and

25  effective operation of both departments.

26         Section 26.  (1)  Effective January 1, 1999, the

27  portion of the Mobile Home and Recreational Vehicle Protection

28  Trust Fund created under s. 320.781, Florida Statutes,

29  relating to mobile homes is transferred to the Operating Trust

30  Fund of the Department of Community Affairs to be administered

31  and managed by the Division of Factory-built Housing of the


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                                         HB 4765, Second Engrossed



  1  Department of Community Affairs pursuant to s. 553.433,

  2  Florida Statutes.

  3         (2)  Effective January 1, 1999, that portion of the

  4  Highway Safety Operating Trust Fund, created under s. 318.39,

  5  Florida Statutes, and into which fees and penalties relating

  6  to mobile home regulation, manufacture, licensure, and

  7  installation are deposited, is transferred to the Operating

  8  Trust Fund of the Department of Community Affairs to be

  9  administered and managed by the Division of Factory-built

10  Housing for the purposes of part IV of chapter 553, Florida

11  Statutes.

12         Section 27.  Effective January 1, 1999, section

13  320.781, Florida Statutes, is amended to read:

14         320.781  Mobile Home and Recreational Vehicle

15  Protection Trust Fund.--

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

17  Recreational Vehicle Protection Trust Fund.  The trust fund

18  shall be administered and managed by the Department of Highway

19  Safety and Motor Vehicles.  The expenses incurred by the

20  department in administering this section shall be paid only

21  from appropriations made from the trust fund.

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

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

24  home and new recreational vehicle title transaction for which

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

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

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

28  manufacturer license and license renewal, which shall be

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

30  fund shall be used exclusively for carrying out the purposes

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


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                                         HB 4765, Second Engrossed



  1  the Treasurer under the same limitations as apply to

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

  3  investments deposited to the credit of the trust fund.

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

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

  6  mobile home or recreational vehicle dealer or broker for

  7  damages, restitution, or expenses, including reasonable

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

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

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

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

12  violation of chapter 319 or this chapter.

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

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

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

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

17  state, or any political subdivision thereof may recover

18  against the mobile home or recreational vehicle dealer,

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

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

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

22  excess of actual damages, restitution, or expenses.

23         (5)  Subject to the limitations and requirements of

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

25  to compensate persons who have unsatisfied judgments, or in

26  certain limited circumstances unsatisfied claims, against a

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

28  the following situations:

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

30  is unsatisfied against the mobile home or recreational vehicle

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


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                                         HB 4765, Second Engrossed



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

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

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

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

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

  6  surety of the mobile home or recreational vehicle dealer or

  7  broker that is unsatisfied.

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

  9  mobile home or recreational vehicle dealer or broker in a

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

11  filing for reorganization or discharge in bankruptcy by the

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

13  possible because of the bankruptcy or liquidation of the

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

15  competent jurisdiction not to be liable due to prior payment

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

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

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

19  person must file an application and verified claim with the

20  department.

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

22  unsatisfied against the mobile home or recreational vehicle

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

24  the verified claim must specify the following:

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

26  recreational vehicle dealer or broker and its surety has been

27  entered; or

28         b.  That the judgment against the mobile home or

29  recreational vehicle dealer or broker contains a specific

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

31


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                                         HB 4765, Second Engrossed



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

  2  perfected;

  3         2.  The amount of actual damages broken down by

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

  5  resulted in the unsatisfied judgment, and the amount of

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

  7         3.  The amount of payment or other consideration

  8  received, if any, from the mobile home or recreational vehicle

  9  dealer or broker or its surety;

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

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

12  judgment debtor liable to be sold or applied in satisfaction

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

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

15  certification that the claimant has made a good faith effort

16  to collect the judgment; and

17         5.  Such other information as the department requires.

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

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

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

21  contain the following:

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

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

24  of the bankruptcy court staying those proceedings;

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

26  home or recreational vehicle dealer or broker setting forth

27  the specific acts or omissions complained of which resulted in

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

29  amount necessary to reimburse or compensate the person for

30  costs or expenses resulting from the acts or omissions of

31  which the person complained;


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                                         HB 4765, Second Engrossed



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

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

  3  whatsoever which the person received in connection with the

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

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

  6  arises; and

  7         4.  Such other information as the department requires.

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

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

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

11  and verified claim, the department shall issue its

12  determination on the claim.  Such determination shall not be

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

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

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

16  within the time provided by the Florida Rules of Appellate

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

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

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

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

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

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

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

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

25  and its surety.

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

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

28  recreational vehicle dealer or broker, or the judgment debtor

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

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

31  trust fund. The department shall be awarded a reasonable


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                                         HB 4765, Second Engrossed



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

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

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

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

  5  any claim, against a mobile home or recreational vehicle

  6  dealer or broker resulting from a cause of action directly

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

  8  installation of a mobile home or recreational vehicle prior to

  9  October 1, 1990.

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

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

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

13  trust fund does not have sufficient assets to pay the

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

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

16  department shall pay the claimant whose unpaid claim is the

17  earliest by time and date of determination.

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

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

20  under this section which is false or contains any material

21  misstatement of fact.  Any person who violates this subsection

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

23  provided in s. 775.082 or s. 775.083.

24         Section 28.  Effective January 1, 1999, subsections

25  (7), (8), (9), (10), (11), (12), (13), and (14) of section

26  553.36, Florida Statutes, are renumbered as subsections (8),

27  (9), (10), (11), (12), (13), (14), and (15), respectively, and

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

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

30  Housing of the department.

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                                         HB 4765, Second Engrossed



  1         Section 29.  Effective January 1, 1999, section 553.38,

  2  Florida Statutes, is amended to read:

  3         553.38  Application and scope.--

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

  5  promulgate rules which protect the health, safety, and

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

  7  manufactured building is structurally sound and properly

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

  9  other systems thereof are reasonably safe, and which interpret

10  and make specific the provisions of this part.

11         (2)  The division department shall enforce every

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

13  except that local land use and zoning requirements, fire

14  zones, building setback requirements, side and rear yard

15  requirements, site development requirements, property line

16  requirements, subdivision control, and onsite installation

17  requirements, as well as the review and regulation of

18  architectural and aesthetic requirements, are specifically and

19  entirely reserved to local authorities.  Such local

20  requirements and rules which may be enacted by local

21  authorities must be reasonable and uniformly applied and

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

23  conventionally constructed or manufactured building.  A local

24  government shall require permit fees only for those

25  inspections actually performed by the local government for the

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

27  equal to the amount charged for similar inspections on

28  conventionally built housing.

29         (3)  The division shall be responsible for

30  administering, implementing, and enforcing the provisions of

31  this part.


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                                         HB 4765, Second Engrossed



  1         Section 30.  Effective January 1, 1999, section

  2  553.431, Florida Statutes, is created to read:

  3         553.431  Nonresident mobile home dealer's license.--

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

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

  6  manufacturer's distributor of mobile homes authorizing the

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

  8  engages in the business of selling said vehicles at retail

  9  within the state shall register with the Department of Revenue

10  for a sales tax dealer registration number and comply with

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

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

13  transmitted to the Department of Banking and Finance to be

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

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

16  shall cover the period from January 1 to the following

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

18  fractional part of a year.

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

20  this section shall be deemed equivalent to an appointment by

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

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

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

24  any transaction or operation connected with or incidental to

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

26  and the acceptance of such license shall be signification of

27  the agreement of such person that any process against the

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

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

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

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                                         HB 4765, Second Engrossed



  1  manner as now provided for service of process upon

  2  nonresidents under the provisions of chapter 48.

  3         Section 31.  Effective January 1, 1999, section

  4  553.4315, Florida Statutes, is created to read:

  5         553.4315  Nonresident dealers in secondhand mobile

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

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

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

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

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

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

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

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

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

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

16  and file with the division the official application for a

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

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

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

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

21  secondhand dealer in mobile homes.

22         Section 32.  Effective January 1, 1999, section 320.77,

23  Florida Statutes, is transferred and renumbered as section

24  553.432, Florida Statutes, and is amended to read:

25         553.432 320.77  License required of mobile home

26  dealers.--

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

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

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

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

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


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                                         HB 4765, Second Engrossed



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

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

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

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

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

  6  companies that acquire mobile homes as an incident to their

  7  regular business and does not include mobile home rental and

  8  leasing companies that sell mobile homes to dealers licensed

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

10  recreational vehicles with a motor vehicle auction as defined

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

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

13  using dealer license plates.

14         (b)  "Mobile home broker" means any person who is

15  engaged in the business of offering to procure or procuring

16  used mobile homes for the general public; who holds himself or

17  herself out through solicitation, advertisement, or otherwise

18  as one who offers to procure or procures used mobile homes for

19  the general public; or who acts as the agent or intermediary

20  on behalf of the owner or seller of a used mobile home which

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

22  a buyer for the mobile home.

23         (2)  LICENSE REQUIRED.--No person shall engage in

24  business as, or serve in the capacity of, a dealer in this

25  state unless such person possesses a valid, current license as

26  provided in this section.

27         (3)  APPLICATION.--The application for such license

28  shall be in the form prescribed by the division department and

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

30  application shall be verified by oath or affirmation and shall

31  contain:


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                                         HB 4765, Second Engrossed



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

  2  of the person or persons applying therefor.

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

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

  5  applicant is a firm or copartnership.

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

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

  8  artificial body.

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

10  corporation is organized.

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

12  applicant.

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

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

15  in such businesses, and the locations thereof.

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

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

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

19  lease shall be attached to the application.

20         (h)  Certification by the applicant that the location

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

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

23  broker, that the location affords sufficient unoccupied space

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

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

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

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

28  which will be available at all reasonable hours to inspection

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

30  This subsection shall not preclude a licensed mobile home

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                                         HB 4765, Second Engrossed



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

  2  mobile home park.

  3         (i)  Certification by the applicant that the business

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

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

  6  not apply to mobile home park operators licensed as mobile

  7  home dealers.

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

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

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

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

12  fingerprints with the division department for the purpose of

13  determining any prior criminal record or any outstanding

14  warrants.  The division department shall submit the

15  fingerprinting to the Department of Law Enforcement for state

16  processing and forwarding to the Federal Bureau of

17  Investigation for federal processing.  The actual cost of such

18  state and federal processing shall be borne by the applicant

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

20  division department may issue a license to an applicant

21  pending the results of the fingerprint investigation, which

22  license is fully revocable if the division department

23  subsequently determines that any facts set forth in the

24  application are not true or correctly represented.

25

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

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

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

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

30  in the application are true.

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                                         HB 4765, Second Engrossed



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

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

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

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

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

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

  7  renewal application by October 1 shall pay a renewal

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

  9  is refundable. All fees shall be deposited into the General

10  Revenue Fund.

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

12  deny any applicant a license on the ground that:

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

14  his or her application for a license.

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

16  applicable provision of this part chapter.

17         (c)  The applicant has failed to provide warranty

18  service.

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

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

21  relating to the sale of mobile homes.

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

23  the applicant.

24         (f)  The applicant or licensee has engaged in previous

25  conduct in any state which would have been a ground for

26  revocation or suspension of a license in this state.

27         (g)  The applicant or licensee has violated any of the

28  provisions of the National Mobile Home Construction and Safety

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

30  Department of Housing and Urban Development adopted

31  promulgated thereunder.


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                                         HB 4765, Second Engrossed



  1

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

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

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

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

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

  7  120.

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

  9  be issued by the division department in accordance with the

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

11  with the provisions of this section.  The license certificate

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

13  determined by the division department. The cost of each

14  original, additional, or replacement computerized card shall

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

16  licensure.  The fees charged applicants for both the required

17  background investigation and the computerized card as provided

18  in this section shall be deposited into the department's

19  Highway Safety Operating Trust Fund. The license, when so

20  issued, shall entitle the licensee to carry on and conduct the

21  business of a mobile home dealer at the location set forth in

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

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

24  division department shall be accompanied by verification that,

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

26  his or her designated employees has attended a training and

27  information seminar conducted by the division department or by

28  a public or private provider approved by the division

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

30  statutory dealer requirements, which requirements include

31  required bookkeeping and recording procedures, requirements


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                                         HB 4765, Second Engrossed



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

  2  information that in the opinion of the division department

  3  will promote good business practices.

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

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

  6  more additional places of business under a supplemental

  7  license for each such business if the ownership of each

  8  business is identical to that of the principal business for

  9  which the original license is issued. Each supplemental

10  license shall run concurrently with the original license and

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

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

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

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

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

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

17  calendar days.

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

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

20  division department. Such records shall include:

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

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

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

24  including the identification or serial number and such other

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

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

27  changed, if such fact is apparent; and

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

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

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

31  sold or delivered, as the case may be.


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                                         HB 4765, Second Engrossed



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

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

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

  4  used mobile home a properly assigned certificate of title or

  5  registration certificate if the used mobile home was

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

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

  8  disposed of by him or her.

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

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

11  the division department shall provide by rule for the uniform

12  application of all existing statutory provisions relating to

13  licensing and setup operations.

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

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

16  provided in s. 775.082 or s. 775.083.

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

18  in this chapter, and notwithstanding the existence of any

19  adequate remedy at law, the division department is authorized

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

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

22  cause shown, to grant a temporary or permanent injunction

23  restraining any person from acting as a mobile home dealer

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

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

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

27  regulation adopted thereunder. Such injunction shall be issued

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

29  chapter 319 or this part chapter shall be sufficient to

30  authorize the issuance of an injunction.

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                                         HB 4765, Second Engrossed



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

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

  3  revoke any license issued hereunder upon a finding that the

  4  licensee violated any provision of this section or of any

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

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

  7  such dealing in mobile homes.

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

  9  exercise of other powers provided in this section, the

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

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

12  $1,000 for each violation, against any licensee if it finds

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

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

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

16  entitled to a hearing pursuant to chapter 120 should the

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

18  levied, upon him or her.

19         (15)  BOND.--

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

21  applicant shall deliver to the division department a good and

22  sufficient surety bond, executed by the applicant as principal

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

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

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

26  complying with the conditions of any written contract made by

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

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

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

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

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


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                                         HB 4765, Second Engrossed



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

  2  any violation of the conditions hereinabove contained.  The

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

  4  proper continuation certificate shall be delivered to the

  5  division department at the beginning of each license period.

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

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

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

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

10  homes and who has four or fewer supplemental licenses shall

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

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

13  homes and who has more than four supplemental licenses shall

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

15

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

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

18  shall provide the same surety bond required of dealers who

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

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

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

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

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

24  such denial, suspension, or revocation.

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

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

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

28  amount of the claim.

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

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

31  such cancellation, giving reason for the cancellation.


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                                         HB 4765, Second Engrossed



  1         Section 33.  Effective January 1, 1999, section

  2  553.433, Florida Statutes, is created to read:

  3         553.433  Factory-built housing judgment liability.--

  4         (1)  The expenses incurred by the division in

  5  administering this section shall be paid only from

  6  appropriations made from the department's operating trust fund

  7  from moneys deposited into such fund pursuant to this section.

  8         (2)  Beginning January 1, 1999, the division shall

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

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

11  fee shall be deposited into the department's operating trust

12  fund.  The division shall charge a fee of $40 per annual

13  dealer and manufacturer license and license renewal, which

14  shall be deposited into such fund. The sums deposited into

15  such fund pursuant to this section shall be used exclusively

16  for carrying out the purposes of this section.  These sums may

17  be invested and reinvested by the Treasurer under the same

18  limitations as apply to investment of other state moneys, with

19  all interest from these investments deposited to the credit of

20  such fund.

21         (3)  Moneys deposited into the department's operating

22  trust fund under this section shall be used to satisfy any

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

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

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

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

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

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

29  violation of this part.

30         (4)  The department's operating trust fund shall not be

31  liable for any judgment, or part thereof, resulting from any


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                                         HB 4765, Second Engrossed



  1  tort claim except as expressly provided in subsection (3), nor

  2  for any punitive, exemplary, double, or treble damages.  A

  3  person, the state, or any political subdivision thereof may

  4  recover against the mobile home dealer, broker, or surety,

  5  jointly and severally, for such damages, restitution, or

  6  expenses; provided, however, that in no event shall the such

  7  fund or the surety be liable for an amount in excess of actual

  8  damages, restitution, or expenses.

  9         (5)  Subject to the limitations and requirements of

10  this section, moneys deposited into the department's operating

11  trust fund under this section shall be used by the division to

12  compensate persons who have unsatisfied judgments, or in

13  certain limited circumstances unsatisfied claims, against a

14  mobile home dealer or broker in one of the following

15  situations:

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

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

18  surety jointly and severally, or against the mobile home

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

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

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

22  of the applicable bond.

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

24  surety of the mobile home dealer or broker that is

25  unsatisfied.

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

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

28  stayed or discharged as a result of the filing for

29  reorganization or discharge in bankruptcy by the dealer or

30  broker, and judgment against the surety is not possible

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


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                                         HB 4765, Second Engrossed



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

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

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

  4  than, the face amount of the applicable bond.

  5         (6)  In order to recover from the department's

  6  operating trust fund, the person must file an application and

  7  verified claim with the division.

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

  9  unsatisfied against the mobile home dealer or broker or its

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

11  specify the following:

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

13  or broker and its surety has been entered; or

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

15  broker contains a specific finding that the surety has no

16  liability, that execution has been returned unsatisfied, and

17  that a judgment lien has been perfected;

18         2.  The amount of actual damages broken down by

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

20  resulted in the unsatisfied judgment, and the amount of

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

22         3.  The amount of payment or other consideration

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

24  surety;

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

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

27  judgment debtor liable to be sold or applied in satisfaction

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

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

30  certification that the claimant has made a good faith effort

31  to collect the judgment; and


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                                         HB 4765, Second Engrossed



  1         5.  Such other information as the division requires.

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

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

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

  5  contain the following:

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

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

  8  of the bankruptcy court staying those proceedings;

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

10  home dealer or broker setting forth the specific acts or

11  omissions complained of which resulted in actual damage to the

12  person, along with the actual dollar amount necessary to

13  reimburse or compensate the person for costs or expenses

14  resulting from the acts or omissions of which the person

15  complained;

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

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

18  whatsoever which the person received in connection with the

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

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

21         4.  Such other information as the division requires.

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

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

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

25  and verified claim, the division shall issue its determination

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

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

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

29  the claimant resides in the manner and within the time

30  provided by the Florida Rules of Appellate Procedure.  The

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


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                                         HB 4765, Second Engrossed



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

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

  3  department's operating trust fund in excess of $25,000 per

  4  mobile home.  Prior to payment, the person must execute an

  5  assignment to the division of all the person's rights and

  6  title to, and interest in, the unsatisfied judgment and

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

  8  its surety.

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

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

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

12  persons from the department's operating trust fund under this

13  section.  Any sums recovered shall be deposited to the credit

14  of such fund. The division shall be awarded a reasonable

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

16  to persons from such fund pursuant to this section.

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

18  person may not recover against the department's operating

19  trust fund as the result of any claim, against a mobile home

20  dealer or broker resulting from a cause of action directly

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

22  installation of a mobile home prior to January 1, 1999.

23         (10)  Neither the division, nor the department's

24  operating trust fund shall be liable to any person for

25  recovery if such fund, from moneys deposited into the fund

26  under this section, does not have the moneys necessary to pay

27  amounts claimed.  If the fund does not have sufficient assets

28  to pay the claimant, it shall log the time and date of its

29  determination for payment to a claimant.  If moneys become

30  available pursuant this section, the division shall pay the

31


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                                         HB 4765, Second Engrossed



  1  claimant whose unpaid claim is the earliest by time and date

  2  of determination.

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

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

  5  under this section which is false or contains any material

  6  misstatement of fact.  Any person who violates this subsection

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

  8  provided in s. 775.082 or s. 775.083.

  9         Section 34.  Effective January 1, 1999, section

10  553.434, Florida Statutes, is created to read:

11         553.434  Definitions.--In construing ss.

12  553.434-553.458, unless the context otherwise requires, the

13  following words or phrases have the following meanings:

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

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

16  use as a residence, or other related use.

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

18         (a)  The Federal Manufactured Housing Construction and

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

20  the Department of Housing and Urban Development;

21         (b)  The Uniform Standards Code approved by the

22  American National Standards Institute, ANSI A-119.2 for

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

24  the United States Department of Housing and Urban Development

25  standard for park trailers certified as meeting that standard;

26  or

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

28  Used Recreational Vehicle Code.

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

30  materials, products, equipment, and workmanship needed to

31  assure that the mobile home will provide structural strength


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                                         HB 4765, Second Engrossed



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

  2  similar destructive forces; resistance to the elements; and

  3  durability and economy of maintenance.

  4         (4)  "Institute" means the American National Standards

  5  Institute.

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

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

  8  to the extreme rear, including the drawbar and coupling

  9  mechanism, but not including expandable features that do not

10  project from the body during transportation.

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

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

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

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

15  other interior space and such distance includes expandable

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

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

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

19  to be licensed under s. 553.435.

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

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

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

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

24  12-month period or who offers or displays for sale one or more

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

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

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

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

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

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

31  a mobile home rental or leasing company that sells mobile


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                                         HB 4765, Second Engrossed



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

  2  does not include persons who are selling their own mobile

  3  homes.

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

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

  6  manufactures or assembles mobile homes.

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

  8  or supplier.

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

10  department certifying that a mobile home meets the appropriate

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

12  mobile home.

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

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

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

16  to, transporting, positioning, blocking, leveling, supporting,

17  tying down, connecting utility systems, making minor

18  adjustments, or assembling multiple or expandable units.

19         (13)  "Substantial defect" means:

20         (a)  Any substantial deficiency or defect in materials

21  or workmanship occurring to a mobile home which has been

22  reasonably maintained and cared for in normal use.

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

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

25  code.

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

27  completed components, including refrigerators, stoves, hot

28  water heaters, dishwashers, cabinets, air conditioners,

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

30  a manufacturer or dealer for installation in the mobile home

31  prior to sale to a buyer.


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                                         HB 4765, Second Engrossed



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

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

  3  side wall where such walls enclose living or other interior

  4  space and such distance includes expandable rooms but not bay

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

  6  attachments.

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

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

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

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

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

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

13  the United States Department of Housing and Urban Development

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

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

16  include bay windows.

17         Section 35.  Effective January 1, 1999, section

18  553.435, Florida Statutes, is created to read:

19         553.435  Mobile home manufacturer's license.--

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

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

22  manufactures mobile homes out of state which are ultimately

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

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

25  factory location out of state which manufactures mobile homes

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

27  sale in this state.

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

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

30  sufficient information to disclose the identity, location, and

31  responsibility of the applicant.  The application shall also


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                                         HB 4765, Second Engrossed



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

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

  3  any information relating to the applicant's solvency and

  4  financial standing, and any other pertinent matter

  5  commensurate with safeguarding the public.  The division may

  6  prescribe an abbreviated application for renewal of a license

  7  if the licensee had previously filed an initial application

  8  pursuant to this section.  The application for renewal shall

  9  include any information necessary to bring current the

10  information required in the initial application.

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

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

13  making renewal application, the applicant shall pay to the

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

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

16  shall pay a renewal application fee equal to the original

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

18  deposited into the General Revenue Fund.

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

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

21  agent for service of process pursuant to s. 48.181.

22         (5)  REQUIREMENT OF ASSURANCE.--

23         (a)  Annually, prior to the receipt of a license to

24  manufacture mobile homes, the applicant or licensee shall

25  submit a surety bond, cash bond, or letter of credit from a

26  financial institution, or a proper continuation certificate,

27  sufficient to assure satisfaction of claims against the

28  licensee for failure to comply with appropriate code

29  standards, failure to provide warranty service, or violation

30  of any provisions of this section. The amount of the surety

31  bond, cash bond, or letter of credit shall be $50,000. Only


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                                         HB 4765, Second Engrossed



  1  one surety bond, cash bond, or letter of credit shall be

  2  required for each manufacturer, regardless of the number of

  3  factory locations. The surety bond, cash bond, or letter of

  4  credit shall be to the division, in favor of any retail

  5  customer who shall suffer loss arising out of noncompliance

  6  with code standards or failure to honor or provide warranty

  7  service. The division shall have the right to disapprove any

  8  bond or letter of credit that does not provide assurance as

  9  provided in this section.

10         (b)  The division shall adopt rules pursuant to chapter

11  120 consistent with this section in providing assurance of

12  satisfaction of claims.

13         (c)  The division shall, upon denial, suspension, or

14  revocation of any license, notify the surety company of the

15  licensee, in writing, that the license has been denied,

16  suspended, or revoked and shall state the reason for such

17  denial, suspension, or revocation.

18         (d)  Any surety company which pays any claim against

19  the bond of any licensee shall notify the division, in

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

21  amount of the claim.

22         (e)  Any surety company which cancels the bond of any

23  licensee shall notify the division, in writing, of such

24  cancellation, giving reason for the cancellation.

25         (6)  LICENSE YEAR.--A license issued to a mobile home

26  manufacturer entitles the licensee to conduct the business of

27  a mobile home manufacturer for a period of 1 year from October

28  1 preceding the date of issuance.

29         (7)  DENIAL OF LICENSE.--The division may deny a mobile

30  home manufacturer's license on the ground that:

31


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                                         HB 4765, Second Engrossed



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

  2  his or her application for a license.

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

  4  applicable provision of this chapter.

  5         (c)  The applicant has failed to provide warranty

  6  service.

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

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

  9  relating to the manufacture or sale of mobile homes.

10         (e)  The division has proof of unfitness of the

11  applicant.

12         (f)  The applicant or licensee has engaged in previous

13  conduct in any state which would have been a ground for

14  revocation or suspension of a license in this state.

15         (g)  The applicant or licensee has violated any of the

16  provisions of the National Mobile Home Construction and Safety

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

18  Department of Housing and Urban Development promulgated

19  thereunder.

20

21  Upon denial of a license, the division shall notify the

22  applicant within 10 days, stating in writing its grounds for

23  denial.  The applicant is entitled to a public hearing and may

24  request that such hearing be held within 45 days of denial of

25  the license.  All proceedings shall be pursuant to chapter

26  120.

27         (8)  REVOCATION OR SUSPENSION OF LICENSE.--The division

28  shall suspend or, in the case of a subsequent offense, shall

29  revoke any license upon a finding that the licensee violated

30  any provision of this part or any other law of this state

31  regarding the manufacture, warranty, or sale of mobile homes.


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                                         HB 4765, Second Engrossed



  1  When any license has been revoked or suspended by the

  2  division, it may be reinstated if the division finds that the

  3  former licensee has complied with all applicable requirements

  4  of this part and an application for a license is refiled

  5  pursuant to this section.

  6         (9)  CIVIL PENALTIES; PROCEDURE.--In addition to the

  7  exercise of other powers provided in this section, the

  8  division is authorized to assess, impose, levy, and collect by

  9  legal process a civil penalty, in an amount not to exceed

10  $1,000 for each violation, against any licensee if it finds

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

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

13  dealing in mobile homes.  Any licensee shall be entitled to a

14  hearing pursuant to chapter 120 should the licensee wish to

15  contest the fine levied, or about to be levied, upon him or

16  her.

17         Section 36.  Effective January 1, 1999, section

18  320.823, Florida Statutes, is transferred and renumbered as

19  section 553.436, Florida Statutes.

20         Section 37.  Effective January 1, 1999, section

21  553.4365, Florida Statutes, is created to read:

22         553.4365  Establishment of uniform standards for park

23  trailers.--Park trailers exceeding 400 square feet shall meet

24  the Federal Manufactured Home Construction and Safety

25  Standards and shall have a United States Department of Housing

26  and Urban Development label.

27         Section 38.  Effective January 1, 1999, section

28  553.437, Florida Statutes, is created to read:

29         553.437  Rules and regulations, changes and

30  modifications of standards.--

31


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                                         HB 4765, Second Engrossed



  1         (1)  The division may adopt such rules as it deems

  2  necessary or proper for the effective administration and

  3  enforcement of ss. 553.431-553.458 and may adopt any changes

  4  in, or additions to, the standards adopted in s. 553.436 or s.

  5  553.4365, which are approved and officially published by the

  6  institute or adopted by the Department of Housing and Urban

  7  Development subsequent to the effective date of this act.

  8         (2)  The division or its authorized agent may enter any

  9  place or establishment where mobile homes are manufactured,

10  sold, or offered for sale, for the purpose of ascertaining

11  whether the requirements of the code and the regulations

12  adopted by the department have been met.

13         Section 39.  Effective January 1, 1999, section

14  553.438, Florida Statutes, is created to read:

15         553.438  Limitation of alteration or modification to

16  mobile homes.--

17         (1)  LIMITATION OF ALTERATIONS OR MODIFICATIONS.--No

18  alteration or modification shall be made to a mobile home by a

19  licensed dealer after shipment from the manufacturer's plant

20  unless such alteration or modification is authorized in this

21  section.

22         (2)  EFFECT ON MOBILE HOME WARRANTY.--Unless an

23  alteration or modification is performed by a qualified person

24  as defined in subsection (4), the warranty responsibility of

25  the manufacturer as to the altered or modified item shall be

26  void.

27         (a)  An alteration or modification performed by a

28  mobile home dealer or his or her agent or employee shall place

29  warranty responsibility for the altered or modified item upon

30  the dealer. If the manufacturer fulfills, or is required to

31  fulfill, the warranty on the altered or modified item, he or


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                                         HB 4765, Second Engrossed



  1  she shall be entitled to recover damages in the amount of his

  2  or her costs and attorneys' fees from the dealer.

  3         (b)  An alteration or modification performed by a

  4  mobile home owner or his or her agent shall render the

  5  manufacturer's warranty as to that item void.  A statement

  6  shall be displayed clearly and conspicuously on the face of

  7  the warranty that the warranty is void as to the altered or

  8  modified item if the alteration or modification is performed

  9  by other than a qualified person.  Failure to display such

10  statement shall result in warranty responsibility on the

11  manufacturer.

12         (3)  AUTHORITY OF THE DIVISION.--The division is

13  authorized to adopt rules and regulations pursuant to chapter

14  120 which define the alterations or modifications which must

15  be made by qualified personnel.  The division may regulate

16  only those alterations and modifications which substantially

17  impair the structural integrity or safety of the mobile home.

18         (4)  DESIGNATION AS A QUALIFIED PERSON.--

19         (a)  In order to be designated as a person qualified to

20  alter or modify a mobile home, a person must comply with local

21  or county licensing or competency requirements in skills

22  relevant to performing alterations or modifications on mobile

23  homes.

24         (b)  When no local or county licensing or competency

25  requirements exist, the division may certify persons to

26  perform mobile home alterations or modifications.  The

27  division shall by rule or regulation determine what skills and

28  competency requirements are requisite to the issuance of a

29  certification.  A fee sufficient to cover the costs of issuing

30  certifications may be charged by the division.  The

31  certification shall be valid for a period which terminates


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                                         HB 4765, Second Engrossed



  1  when the county or other local governmental unit enacts

  2  relevant competency or licensing requirements.  The

  3  certification shall be valid only in counties or localities

  4  without licensing or competency requirements.

  5         (c)  The division shall determine which counties and

  6  localities have licensing or competency requirements adequate

  7  to eliminate the requirement of certification.  This

  8  determination shall be based on a review of the relevant

  9  county or local standards for adequacy in regulating persons

10  who perform alterations or modifications to mobile homes. The

11  division shall find local or county standards adequate when

12  minimal licensing or competency standards are provided.

13         Section 40.  Effective January 1, 1999, section

14  320.8249, Florida Statutes, is transferred and renumbered as

15  section 553.439, Florida Statutes, and is amended to read:

16         553.439 320.8249  Mobile home installers license.--

17         (1)  Any person who engages in mobile home installation

18  shall obtain a mobile home installers license from the

19  division Bureau of Mobile Home and Recreational Vehicle

20  Construction of the Department of Highway Safety and Motor

21  Vehicles pursuant to this section.  Said license shall be

22  renewed annually, and each licensee shall pay a fee of $150.

23         (2)  The division Department of Highway Safety and

24  Motor Vehicles shall issue a license as a mobile home

25  installer to any person who applies to the department, pays

26  the appropriate application fee, not to exceed $100, as set by

27  division department rule, and complies with subsection (3).

28         (3)  In order to obtain licensure as a mobile home

29  installer, the applicant must be at least 18 years old, must

30  hold a valid performance bond in an amount set by division

31  department rule, not to exceed $5,000, conditioned upon proper


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                                         HB 4765, Second Engrossed



  1  performance of mobile home installation and weather-sealing

  2  duties for a period of 1 year, must carry liability insurance

  3  in an amount determined by division department rule, not to

  4  exceed $100,000, must complete a minimum 8-hour training

  5  course approved by the division department, and must pass a

  6  division-approved department-approved examination designed to

  7  test the skills necessary to properly and competently perform

  8  mobile home installation and to ascertain that the applicant

  9  has adequate knowledge of federal, state, and local laws

10  applicable to mobile home installation contracting.  The

11  division department may charge an examination fee sufficient

12  to defray the costs of developing or obtaining and providing

13  the examination, not to exceed $100.  Any licensed dealer or

14  licensed manufacturer who has subcontracted with an installer

15  for installation and who remedies any faulty installation

16  performed by said installer shall have recourse against said

17  installer's performance bond.

18         (4)  Notwithstanding the provisions of subsection (3),

19  any person who can show that he or she had been engaged in the

20  business of mobile home installation on October 1, 1996, shall

21  be exempted until October 1, 1997, from the requirement for

22  completing training and for passing an examination in order to

23  be licensed by the department as a mobile home installer and

24  shall be licensed upon application, provided he or she has

25  complied with all requirements of subsection (3), other than

26  the training and examination requirements.  No person shall be

27  licensed or remain licensed as a mobile home installer

28  subsequent to October 1, 1997, who has not taken and passed

29  the department-approved mobile home installer examination.

30         (4)(5)  A direct employee of a licensed mobile home

31  installer working under the supervision of the licensee and


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                                         HB 4765, Second Engrossed



  1  within the job scope of the licensee is not required to be

  2  licensed as a mobile home installer.  The licensed mobile home

  3  installer is responsible for supervising all such employees

  4  and for the proper and competent performance of all employees

  5  working under his or her supervision.

  6         (5)(6)  "Installation," as used herein, is synonymous

  7  with "setup" as defined in s. 553.434 320.822(14).

  8         (6)(7)  No person shall:

  9         (a)  Falsely hold himself or herself or a business

10  organization out as a licensed mobile home installer;

11         (b)  Falsely impersonate a licensed mobile home

12  installer;

13         (c)  Present as his or her own the mobile home

14  installers license of another;

15         (d)  Knowingly give false or forged evidence to the

16  division department;

17         (e)  Use or attempt to use a mobile home installers

18  license which has been suspended or revoked; or

19         (f)  Engage in the business or act in the capacity of a

20  licensed mobile home installer or advertise himself or herself

21  or a business organization as available to engage in the

22  business or act in the capacity of a mobile home installer

23  without being duly licensed.

24         (7)(8)  Any unlicensed person who violates any of the

25  provisions of subsection (6) (7) is guilty of a misdemeanor of

26  the first degree, punishable as provided in s. 775.082 or s.

27  775.083.

28         (8)(9)  No licensed person nor licensed applicant

29  shall:

30         (a)  Obtain a mobile home installers license by fraud

31  or misrepresentation.


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                                         HB 4765, Second Engrossed



  1         (b)  Be convicted or found guilty of, or enter a plea

  2  of nolo contendere to, regardless of adjudication, a crime in

  3  any jurisdiction which directly relates to the practice of

  4  mobile home installation or the ability to practice.

  5         (c)  Violate any lawful order of the division

  6  department.

  7         (d)  Commit fraud or deceit in the practice of

  8  contracting.

  9         (e)  Commit incompetence or misconduct in the practice

10  of contracting.

11         (f)  Commit gross negligence, repeated negligence, or

12  negligence resulting in a significant danger to life or

13  property.

14         (g)  Commit violations of the installation standards

15  for mobile homes or manufactured homes contained in rules

16  15C-1.0102 to 15C-1.0104, Florida Administrative Code.

17         (9)(10)  Any licensed person or license applicant who

18  violates any provision of subsection (8) (9) may have any of

19  the following disciplinary penalties imposed by the division

20  department:

21         (a)  License revocation;

22         (b)  License suspension;

23         (c)  A fine not to exceed $1,000 per violation;

24         (d)  A requirement to take and pass, or retake and

25  pass, the department-approved examination;

26         (e)  Probation;

27         (f)  Probation subject to such restriction of practice

28  as the division department chooses to impose;

29         (g)  A notice of noncompliance; or

30         (h)  Refusal of licensure application.

31


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                                         HB 4765, Second Engrossed



  1         (10)(11)  Licensed mobile home dealers and licensed

  2  mobile home manufacturers are exempt from requirements to

  3  obtain a license as a mobile home installer and may perform

  4  mobile home installation.  Any licensed dealer or licensed

  5  manufacturer who does not subcontract with a licensed

  6  installer and who performs his or her own installations,

  7  either himself or herself or through direct employees, shall

  8  have at least one employee who has completed an 8-hour

  9  installation training course, as approved by the division

10  department. Licensed mobile home dealers and mobile home

11  manufacturers are subject to discipline against their license

12  for violation of subsection (8) (9).

13         (11)(12)  The regulation of manufactured home

14  installers or mobile home installers is preempted to the

15  state, and no person may perform mobile home installation

16  unless licensed pursuant to this section, regardless of

17  whether that person holds a local license.

18         (12)(13)  No county, municipality, or other unit of

19  local government may require additional licensing of a duly

20  licensed installer who performs setup operations as defined in

21  s. 553.434 320.822.  However, a county, municipality, or other

22  unit of local government may require an installer to obtain a

23  local occupational license, which license shall not require

24  for its issuance any conditions other than those required by

25  this act and payment of the appropriate occupational license

26  fee.

27         (13)(14)  All installers, dealers, and manufacturers

28  shall purchase installation decals from the division

29  Department of Highway Safety and Motor Vehicles for a fee not

30  to exceed $10 per decal.  An installation decal shall be

31  affixed to the manufactured home or mobile home prior to


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                                         HB 4765, Second Engrossed



  1  installation.  This decal shall denote the date of

  2  installation, the name of the installer, and the number of the

  3  installer's license or the dealer or manufacturer license

  4  number.  Such decal shall be positioned immediately next to

  5  the HUD decal.

  6         (14)(15)  In performing the installation, installers

  7  shall not perform plumbing or electrical activities prohibited

  8  by division department rules related to setup operations

  9  pursuant to s. 553.434 320.822.

10         (15)(16)  Funds received by the division department

11  pursuant to this section shall be deposited in the

12  department's Highway Safety Operating Trust Fund.

13         (16)(17)  When mobile homeowners in a mobile home park

14  obtain evaluations of the wind resistance of their mobile

15  homes and make improvements in accordance thereto using funds

16  from the General Appropriations Act pursuant to s. 627.0629,

17  the applicable local, county, or municipal government may

18  charge only one building permit or any other applicable fee or

19  change, not to exceed the usual permit fee or charge that

20  would have applied to a single mobile homeowner, for the

21  entire mobile home park in which such evaluations are being

22  performed. There are hereby appropriated five positions and

23  $219,295 from the Highway Safety Operating Trust Fund in the

24  Department of Highway Safety and Motor Vehicles to implement

25  the provisions of this section.

26         Section 41.  Effective January 1, 1999, section

27  320.8255, Florida Statutes, is transferred and renumbered as

28  section 553.440, Florida Statutes, and is amended to read:

29         553.440 320.8255  Mobile home inspection.--

30         (1)  In order to ensure the highest degree of quality

31  control in the construction of new mobile homes, each new


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                                         HB 4765, Second Engrossed



  1  mobile home sold in the state shall be inspected by the

  2  division department pursuant to procedures developed by the

  3  division department which assure compliance with code

  4  provisions.  The division department may adopt reasonable

  5  rules and regulations pursuant to chapter 120 for the

  6  implementation and enforcement of this inspection.

  7         (2)  Division Department inspectors shall make

  8  unannounced visits to manufacturing plants or take any other

  9  appropriate action which assures compliance with the code.

10         (3)  Mobile home manufacturers and dealers shall be

11  charged a fee for special inspections, including, but not

12  limited to, plant approvals, 100 percent plant inspections,

13  increased frequency inspections, reinspections, and special

14  consumer complaint investigations as requested by a

15  manufacturer or dealer or as may be deemed necessary by the

16  division department.

17         (4)  The division department shall determine fees for

18  special inspections and for the seal authorized under s.

19  553.441 320.827 which are sufficient to cover the cost of

20  inspection and administration under this section.  Fees

21  collected shall be deposited into the General Revenue Fund.

22         Section 42.  Effective January 1, 1999, section

23  320.827, Florida Statutes, is transferred and renumbered as

24  section 553.441, Florida Statutes, and is amended to read:

25         553.441 320.827  Label; procedures for issuance;

26  certification; requirements.--No dealer shall sell or offer

27  for sale in this state any new mobile home manufactured after

28  January 1, 1968, unless the mobile home bears a label and the

29  certification by the manufacturer that the mobile home to

30  which the label is attached meets or exceeds the appropriate

31  code.  Any mobile home bearing the insignia of approval


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  1  pursuant to this section shall be deemed to comply with the

  2  requirements of all local government ordinances or rules which

  3  govern construction, and no mobile home bearing the division

  4  department insignia of approval shall be in any way modified

  5  except in compliance with this chapter. Labels may be issued

  6  by the division department when applied for with an affidavit

  7  certifying that the dealer or manufacturer applying will not

  8  attach a label to any new mobile home that does not meet or

  9  exceed the appropriate code. No mobile home may be

10  manufactured in this state unless it bears a label and

11  certification that the mobile home meets or exceeds the code.

12  The label for each mobile home shall be displayed in a manner

13  to be prescribed by the division department.

14         Section 43.  Effective January 1, 1999, section

15  320.8285, Florida Statutes, is transferred and renumbered as

16  section 553.442, Florida Statutes, and is amended to read:

17         553.442 320.8285  Onsite inspection.--

18         (1)  Each county or municipality in this state shall

19  prepare and adopt a plan providing for an onsite inspection of

20  each mobile home located within such entity. The onsite

21  inspection shall ensure compliance with state and local

22  building codes, ordinances, and regulations regarding such

23  functions as blocking and leveling, tie-downs, utility

24  connections, conversions of appliances, and external

25  improvements on the mobile home. If a mobile home is

26  manufactured in conformity with the code, as established in s.

27  553.436 320.823, a county may not require modification of the

28  mobile home in order to comply with local tie-down

29  regulations.

30         (2)  When a county or municipality has not prepared and

31  adopted a plan providing for onsite inspection, the division


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                                         HB 4765, Second Engrossed



  1  department shall prepare a minimum onsite inspection plan for

  2  such county. The division department may adopt promulgate

  3  reasonable rules and regulations pursuant to chapter 120 in

  4  preparing and enforcing such a minimum onsite inspection plan.

  5         (3)  Each county or municipality may designate the

  6  persons who are to perform the onsite inspection. If a county

  7  or municipality does not so designate, the division department

  8  shall designate the persons who are to perform the onsite

  9  inspection. No person shall be designated to perform onsite

10  inspections unless such person is competent in the areas of

11  mobile home blocking and leveling, tie-downs, utility

12  connections, conversions of appliances, and external

13  improvements. Pursuant to the onsite inspection, each mobile

14  home shall be issued a certificate of occupancy if the mobile

15  home complies with state and local building codes, ordinances,

16  and regulations regarding such functions as blocking and

17  leveling, tie-downs, utility connections, conversion of

18  appliances, and external improvements to the mobile home.

19         (4)  Fees for onsite inspections and certificates of

20  occupancy of mobile homes shall be reasonable for the services

21  performed.  A guideline for fee schedules shall be issued by

22  the division department.

23         (5)  The division Department of Highway Safety and

24  Motor Vehicles shall enforce every provision of this section

25  and the regulations adopted pursuant hereto, except that local

26  land use and zoning requirements, fire zones, building setback

27  and side and rear yard requirements, site development and

28  property line requirements, subdivision control, and onsite

29  installation requirements, as well as review and regulation of

30  architectural and aesthetic requirements, are hereby

31  specifically and entirely reserved to local jurisdictions.


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  1  However, any architectural or aesthetic requirement imposed on

  2  the mobile home structure itself may pertain only to roofing

  3  and siding materials. Such local requirements and regulations

  4  and others for manufactured homes must be reasonable,

  5  uniformly applied, and enforced without distinctions as to

  6  whether such housing is manufactured, located in a mobile home

  7  park or a mobile home subdivision, or built in a conventional

  8  manner. No local jurisdiction shall prohibit siting or

  9  resiting of used mobile homes based solely on the date the

10  unit was manufactured.

11         (6)  Park trailers are subject to inspection in the

12  same manner as are mobile homes pursuant to this section.

13         Section 44.  Effective January 1, 1999, section

14  320.830, Florida Statutes, is transferred and renumbered as

15  section 553.443, Florida Statutes, and is amended to read:

16         553.443 320.830  Reciprocity.--If any other state has

17  codes for mobile homes at least equal to those established by

18  this part chapter, the division department, upon determining

19  that such standards are being enforced by an independent

20  inspection agency, shall place the other state on a

21  reciprocity list, which list shall be available to any

22  interested person.  Any mobile home that bears a seal of any

23  state which has been placed on the reciprocity list may not be

24  required to bear the seal of this state.  A mobile home that

25  does not bear the label herein provided shall not be permitted

26  to be manufactured or offered for sale by a manufacturer or

27  dealer anywhere within the geographical limits of this state

28  unless the mobile home is designated for delivery into another

29  state that has not adopted a code entitling the state to be

30  placed on the reciprocity list.

31


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                                         HB 4765, Second Engrossed



  1         Section 45.  Effective January 1, 1999, section

  2  320.831, Florida Statutes, is transferred and renumbered as

  3  section 553.444, Florida Statutes, and is amended to read:

  4         553.444 320.831  Penalties.--

  5         (1)  Whoever violates any provision of the National

  6  Mobile Home Construction and Safety Standards Act of 1974, 42

  7  U.S.C. ss. 5401 et seq., or any rules, regulations, or final

  8  order issued thereunder shall be liable for a civil penalty

  9  not to exceed $1,000 for each such violation.  Each violation

10  of a provision of the act or any rule, regulation, or order

11  issued thereunder shall constitute a separate violation with

12  respect to each mobile home or with respect to each failure or

13  refusal to allow or perform an act required thereby, except

14  that the maximum civil penalty may not exceed $1 million for

15  any related series of violations occurring within 1 year from

16  the date of the first violation.

17         (2)  Any individual, or a director, officer, or agent

18  of a corporation, who knowingly and willfully violates the

19  provisions of s. 610 of the National Mobile Home Construction

20  and Safety Standards Act of 1974 in a manner which threatens

21  the health or safety of any purchaser is guilty of a

22  misdemeanor of the first degree, punishable as provided in s.

23  775.082 or s. 775.083.

24         (3)  Any manufacturer, dealer, or inspector who

25  violates or fails to comply with any of the provisions of ss.

26  553.434-553.456 320.822-320.862 or any of the rules adopted by

27  the department is guilty of a misdemeanor of the first degree,

28  punishable as provided in s. 775.082 or s. 775.083, provided

29  such violation is not also a violation of the National Mobile

30  Home Construction and Safety Standards Act of 1974 or any

31  rule, regulation, or final order issued thereunder.


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                                         HB 4765, Second Engrossed



  1         Section 46.  Effective January 1, 1999, section

  2  320.8325, Florida Statutes, is transferred and renumbered as

  3  section 553.445, Florida Statutes, and is amended to read:

  4         553.445 320.8325  Mobile homes and park trailers;

  5  tie-down requirements; minimum installation standards;

  6  injunctions; penalty.--

  7         (1)  The owner of a mobile home or park trailer shall

  8  secure the mobile home or park trailer to the ground by the

  9  use of anchors and tie-downs so as to resist wind overturning

10  and sliding. However, nothing herein shall be construed as

11  requiring that anchors and tie-downs be installed to secure

12  mobile homes or park trailers which are permanently attached

13  to a permanent structure. A permanent structure shall have a

14  foundation and such other structural elements as are required

15  pursuant to rules and regulations promulgated by the division

16  department which assure the rigidity and stability of the

17  mobile home or park trailer.

18         (a)  A mobile home or park trailer manufactured in

19  accordance with the code standards and labeled "hurricane and

20  windstorm resistive" shall be anchored to each anchor point

21  provided on the mobile home or park trailer.  A mobile home or

22  park trailer which does not meet these standards must be

23  anchored with anchor points spaced as required by the division

24  department starting at each end of the mobile home or park

25  trailer.

26         (b)  In addition, each mobile home or park trailer

27  shall be tied down by one of the following means:

28         1.  A mobile home or park trailer having built-in,

29  over-the-roof ties shall be secured by the tie-down points,

30  provided such built-in ties and points meet the standards

31  adopted promulgated by the division department.


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                                         HB 4765, Second Engrossed



  1         2.  A mobile home or park trailer not having built-in,

  2  over-the-roof ties and tie-down points which meet division

  3  department standards shall be secured in accordance with

  4  standards adopted promulgated by the division department.

  5         (2)  The division department shall adopt promulgate

  6  rules and regulations setting forth minimum standards for the

  7  manufacture and or installation of manufactured housing

  8  installation systems, composed of anchors, buckles, straps,

  9  stabilizer plates, and piers or other requirements mandated by

10  a manufacturer's installation manual anchors, tie-downs,

11  over-the-roof ties, or other reliable methods of securing

12  mobile homes or park trailers when over-the-roof ties are not

13  suitable due to factors such as unreasonable cost, design of

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

15  mobile home or park trailer.  Such systems devices required

16  under this section, when properly installed, shall insure a

17  manufactured home remains secured to the ground when subjected

18  to winds equal to or less than their HUD code design criteria

19  and shall cause the mobile home or park trailer to resist wind

20  overturning and sliding.  In promulgating Such rules shall be

21  reasonably related to the and regulations, the department may

22  make such discriminations regarding mobile home or park

23  trailer tie-down requirements as are reasonable when factors

24  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 division shall also develop

27  standards for installation and anchoring systems for park

28  trailers.  Fees and civil penalties collected by the division

29  pursuant to s. 553.439 shall be deposited into the

30  department's Operating Trust Fund for the use by the division

31  for the testing of manufactured housing installation systems


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                                         HB 4765, Second Engrossed



  1  and their individual components to insure that such products

  2  being delivered to consumers in this state meet the wind

  3  design criteria adopted by the division.

  4         (3)(a)  Persons licensed in this state to engage in the

  5  business of insuring mobile homes or park trailers that are

  6  subject to the provisions of this section against damage from

  7  windstorm shall issue such insurance only if the mobile home

  8  or park trailer has been anchored and tied down in accordance

  9  with the provisions of this section.

10         (b)  In the event that a mobile home or park trailer is

11  insured against damage caused by windstorm and subsequently

12  sustains windstorm damage of a nature that indicates that the

13  mobile home or park trailer was not anchored or tied down in

14  the manner required by this section, the person issuing the

15  policy shall not be relieved from meeting the obligations

16  specified in the insurance policy with respect to such damage

17  on the basis that the mobile home or park trailer was not

18  properly anchored or tied down.

19         (4)  Whenever a person who engages in the business of

20  installing anchors, tie-downs, or over-the-roof ties or who

21  engages in the business of manufacturing, distributing, or

22  dealing in such devices for use in this state does so in a

23  manner that is not in accordance with the minimum standards

24  set forth by the division department, a person aggrieved

25  thereby may bring an action in the appropriate court for

26  actual damages. In addition, the court may provide appropriate

27  equitable relief, including the enjoining of a violator from

28  engaging in the business or from engaging in further

29  violations.  Whenever it is established to the satisfaction of

30  the court that a willful violation has occurred, the court

31  shall award punitive damages to the aggrieved party.  The


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                                         HB 4765, Second Engrossed



  1  losing party may be liable for court costs and reasonable

  2  attorney's fees incurred by the prevailing party.

  3         (5)  In addition to other penalties provided in this

  4  section, the division department or the state attorneys and

  5  their assistants are authorized to apply to the circuit courts

  6  within their respective jurisdictions, and such courts shall

  7  have jurisdiction, upon hearing and for cause shown, to grant

  8  temporary or permanent injunctions restraining any persons

  9  engaging in the business of manufacturing, distributing, or

10  dealing in anchors, tie-downs, or over-the-roof ties from

11  manufacturing or selling such devices in a manner not in

12  accordance with the minimum standards set forth by the

13  division department or restraining any persons in the business

14  of installing anchors, tie-downs, or over-the-roof ties from

15  utilizing devices that do not meet the minimum standards set

16  forth by the division department or from installing such

17  devices in a manner not in accordance with the minimum

18  standards set forth by the division department, whether or not

19  there exists an adequate remedy at law, and such injunctions

20  shall issue without bond.

21         (6)  This section only applies to a mobile home or park

22  trailer that is being used as a dwelling place and that is

23  located on a particular location for a period of time

24  exceeding 14 days, for a mobile home, or 45 days, for a park

25  trailer.

26         (7)  For the purposes of this section, the definitions

27  set forth in s. 553.434 320.822 apply.

28         Section 47.  Effective January 1, 1999, section

29  553.446, Florida Statutes, is created to read:

30         553.446  Retention, destruction, and reproduction of

31  records.--Records and documents of the division, created in


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                                         HB 4765, Second Engrossed



  1  compliance with and in the implementation of this part, shall

  2  be retained by the division as specified in record retention

  3  schedules established under the general provisions of chapter

  4  119. Further, the division is hereby authorized:

  5         (1)  To destroy, or otherwise dispose of, those records

  6  and documents, in conformity with the approved retention

  7  schedules.

  8         (2)  To photograph, microphotograph, or reproduce on

  9  film, as authorized and directed by the approved retention

10  schedules, whereby each page will be exposed in exact

11  conformity with the original records and documents retained in

12  compliance with the provisions of this section.  Photographs

13  or microphotographs in the form of film or print of any

14  records, made in compliance with the provisions of this

15  section, shall have the same force and effect as the originals

16  thereof would have and shall be treated as originals for the

17  purpose of their admissibility in evidence.  Duly certified or

18  authenticated reproductions of such photographs or

19  microphotographs shall be admitted in evidence equally with

20  the original photographs or microphotographs.

21         Section 48.  Effective January 1, 1999, section

22  320.8335, Florida Statutes, is transferred and renumbered as

23  section 553.447, Florida Statutes.

24         Section 49.  Effective January 1, 1999, section

25  553.448, Florida Statutes, is created to read:

26         553.448  Purpose.--It is the intent of the Legislature

27  to ensure the safety and welfare of residents of mobile homes

28  through an inspection program conducted by the division.

29  Mobile homes are a primary housing resource of many of the

30  residents of the state and satisfy a large segment of

31  statewide housing needs.  It is the further intent of the


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                                         HB 4765, Second Engrossed



  1  Legislature that the division, mobile home dealers, and mobile

  2  home manufacturers continue to work together to meet the

  3  applicable code requirements for mobile homes and that such

  4  dealers and manufacturers share the responsibilities of

  5  warranting mobile homes in accordance with applicable codes

  6  and resolving legitimate consumer complaints in a timely,

  7  efficient manner.

  8         Section 50.  Effective January 1, 1999, section

  9  553.449, Florida Statutes, is created to read:

10         553.449  Mobile home warranties.--Each manufacturer,

11  dealer, and supplier of mobile homes shall warrant each new

12  mobile home sold in this state and the setup of each such

13  mobile home, in accordance with the warranty requirements

14  prescribed by this section, for a period of at least 12

15  months, measured from the date of delivery of the mobile home

16  to the buyer.  The warranty requirements of each manufacturer,

17  dealer, and supplier of mobile homes are as follows:

18         (1)  The manufacturer warrants:

19         (a)  For a mobile home, that all structural elements;

20  plumbing systems; heating, cooling, and fuel-burning systems;

21  electrical systems; fire prevention systems; and any other

22  components or conditions included by the manufacturer are free

23  from substantial defect.

24         (b)  That 100-ampere electrical service exists in the

25  mobile home.

26         (2)  The dealer warrants:

27         (a)  That any modifications or alterations made to the

28  mobile home by the dealer or authorized by the dealer shall be

29  free from substantial defect. Alterations or modifications

30  made by a dealer shall relieve the manufacturer of warranty

31  responsibility only as to the item altered or modified.


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                                         HB 4765, Second Engrossed



  1         (b)  That setup operations performed on the mobile home

  2  are performed in compliance with s. 553.445.

  3         (c)  That substantial defects do not occur to the

  4  mobile home during setup or by transporting it to the

  5  occupancy site.

  6

  7  When the setup of a mobile home is performed by a person who

  8  is not an employee or agent of the mobile home manufacturer or

  9  dealer and is not compensated or authorized by, or connected

10  with, such manufacturer or dealer, then the warranty

11  responsibility of the manufacturer or dealer as to setup shall

12  be limited to transporting the mobile home to the occupancy

13  site free from substantial defect.

14         (3)  The supplier warrants that any warranties

15  generally offered in the ordinary sale of his or her product

16  to consumers shall be extended to buyers of mobile homes.

17  When no warranty is extended by suppliers, the manufacturer

18  shall assume warranty responsibility for that component.

19         Section 51.  Effective January 1, 1999, section

20  553.450, Florida Statutes, is created to read:

21         553.450  Presenting warranty claim.--The claim in

22  writing, stating the substance of the warranty defect, may be

23  presented to the manufacturer, dealer, or supplier. When the

24  person notified is not the responsible party he or she shall

25  inform the claimant and shall notify the responsible party of

26  the warranty claim immediately.

27         Section 52.  Effective January 1, 1999, section

28  553.451, Florida Statutes, is created to read:

29         553.451  Warranty service.--

30         (1)  When a service agreement exists between

31  manufacturers, dealers, and suppliers to provide warranty


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                                         HB 4765, Second Engrossed



  1  service, the agreement may specify which party is to remedy

  2  warranty defects.  However, when a warranty defect is not

  3  properly remedied, the responsible party as determined

  4  pursuant to s. 553.449 shall be responsible for providing

  5  warranty service.

  6         (2)  When no service agreement exists for warranty

  7  service, the responsible party as designated by s. 553.449 is

  8  responsible for remedying the warranty defect.

  9         (3)  The defect shall be remedied within 30 days of

10  receipt of the written notification of the warranty claim

11  unless the claim is unreasonable or bona fide reasons exist

12  for not remedying the defect.  When sufficient reasons exist

13  for not remedying the defect or the claim is unreasonable, the

14  responsible party shall respond to the claimant in writing

15  with its reasons for not promptly remedying the defect and

16  what further action is contemplated by the responsible party.

17         (4)  When the person remedying the defect is not the

18  responsible party as designated by s. 553.449 he or she shall

19  be entitled to reasonable compensation paid to him or her by

20  the responsible party. Conduct which coerces or requires a

21  nonresponsible party to perform warranty service is a

22  violation of this section.

23         (5)  Warranty service shall be performed at the site at

24  which the mobile home is initially delivered to the buyer,

25  except for components which can be removed for service without

26  substantial expense or inconvenience to the buyer.

27         Section 53.  Effective January 1, 1999, section

28  553.452, Florida Statutes, is created to read:

29         553.452  Civil action.--Notwithstanding the existence

30  of other remedies, a buyer may bring a civil suit for damages

31  against a responsible party who fails to satisfactorily


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                                         HB 4765, Second Engrossed



  1  resolve a warranty claim.  Damages shall be the actual costs

  2  of remedying the defect.  Court costs and reasonable attorney

  3  fees may be awarded to the prevailing party. When the court

  4  finds that failure to honor warranty claims is a consistent

  5  pattern of conduct of the responsible party, or that the

  6  defect is so severe as to significantly impair the safety of

  7  the mobile home, it may assess punitive damages against the

  8  responsible party.

  9         Section 54.  Effective January 1, 1999, section

10  553.453, Florida Statutes, is created to read:

11         553.453  Cumulative remedies.--The warranty provided

12  for in this act shall be in addition to, and not in derogation

13  of, any other rights and privileges which the buyer may have

14  under any other law or instrument.  The manufacturer, dealer

15  or supplier shall not require the buyer to waive his or her

16  rights under this act or any other rights under law.  Any such

17  waiver shall be deemed contrary to public policy and

18  unenforceable and void.

19         Section 55.  Effective January 1, 1999, section

20  320.840, Florida Statutes, is transferred and renumbered as

21  section 553.454, Florida Statutes.

22         Section 56.  Effective January 1, 1999, section

23  553.455, Florida Statutes, is created to read:

24         553.455  Inspection of records; production of evidence;

25  subpoena power.--

26         (1)  The division may inspect the pertinent books,

27  records, letters, and contracts of any licensee, whether

28  dealer or manufacturer, relating to any written complaint made

29  to it against such licensee.

30         (2)  The division is granted and authorized to exercise

31  the power of subpoena for the attendance of witnesses and the


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                                         HB 4765, Second Engrossed



  1  production of any documentary evidence necessary to the

  2  disposition by it of any written complaint against any

  3  licensee, whether dealer or manufacturer.

  4         Section 57.  Effective January 1, 1999, section

  5  553.456, Florida Statutes, is created to read:

  6         553.456  Revocation of license held by firms or

  7  corporations.--If any applicant or licensee is a firm or

  8  corporation, it shall be sufficient cause for the denial,

  9  suspension, or revocation of a license that any officer,

10  director, or trustee of the firm or corporation, or any member

11  in case of a partnership, has been guilty of an act or

12  omission which would be cause for refusing, suspending, or

13  revoking a license to such party as an individual.  Each

14  licensee shall be responsible for the acts of any of its

15  employees while acting as its agent if the licensee approved

16  of, or had knowledge of, the acts or other similar acts and,

17  after such approval or knowledge, retained the benefits,

18  proceeds, profits, or advantages accruing from, or otherwise

19  ratified, the acts.

20         Section 58.  Effective January 1, 1999, section

21  553.457, Florida Statutes, is created to read:

22         553.457  Maintenance of records by the division.--The

23  division shall maintain uniform records of all complaints

24  filed against licensees licensed under the provisions of ss.

25  553.432 and 553.435, any other provision of this part to the

26  contrary notwithstanding. The records shall contain all

27  enforcement actions taken against licensees and against

28  unlicensed persons acting in a capacity which would require

29  them to be licensed under those sections.  The permanent file

30  of each licensee and unlicensed person shall contain a record

31  of any complaints filed against him or her and a record of any


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                                         HB 4765, Second Engrossed



  1  enforcement actions taken against him or her.  All complaints

  2  and satisfactions thereof and enforcement actions on each

  3  licensee and unlicensed person shall be entered into the

  4  central database in such a manner that rapid retrieval will be

  5  facilitated.  The complainant and the referring agency, if

  6  there is one, shall be advised of the disposition by the

  7  division of the complaint within 10 days after such action.

  8         Section 59.  Effective January 1, 1999, section

  9  553.458, Florida Statutes, is created to read:

10         553.458  Transactions by electronic or telephonic

11  means.--The division is authorized to accept any application

12  provided for under this chapter by electronic or telephonic

13  means.

14         Section 60.  Effective January 1, 1999, paragraph (b)

15  of subsection (1) of section 161.55, Florida Statutes, is

16  amended to read:

17         161.55  Requirements for activities or construction

18  within the coastal building zone.--The following requirements

19  shall apply beginning March 1, 1986, to construction within

20  the coastal building zone and shall be minimum standards for

21  construction in this area:

22         (1)  STRUCTURAL REQUIREMENTS; MAJOR STRUCTURES.--

23         (b)  Mobile homes shall conform to the Federal Mobile

24  Home Construction and Safety Standards or the Uniform

25  Standards Code ANSI book A-119.1, pursuant to s. 553.436

26  320.823, and to the requirements of paragraph (c).

27         Section 61.  Effective January 1, 1999, subsection (2)

28  of section 319.001, Florida Statutes, is amended to read:

29         319.001  Definitions.--As used in this chapter, the

30  term:

31


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                                         HB 4765, Second Engrossed



  1         (2)  "Licensed dealer," unless otherwise specifically

  2  provided, means a motor vehicle dealer licensed under s.

  3  320.27, a mobile home dealer licensed under s. 553.432 320.77,

  4  or a recreational vehicle dealer licensed under s. 320.771.

  5         Section 62.  Effective January 1, 1999, paragraph (d)

  6  of subsection (1) of section 320.131, Florida Statutes, is

  7  amended to read:

  8         320.131  Temporary tags.--

  9         (1)  The department is authorized and empowered to

10  design, issue, and regulate the use of temporary tags to be

11  designated "temporary tags" for use in the following cases:

12         (d)  For banks, credit unions, and other financial

13  institutions which are not required to be licensed under the

14  provisions of s. 320.27, s. 553.432 320.77, or s. 320.771, but

15  need temporary tags for the purpose of demonstrating

16  repossessions for sale.

17

18  Further, the department is authorized to disallow the purchase

19  of temporary tags by licensed dealers, common carriers, or

20  financial institutions in those cases where abuse has

21  occurred.

22         Section 63.  Effective January 1, 1999, subsection (9)

23  of section 320.27, Florida Statutes, is amended to read:

24         320.27  Motor vehicle dealers.--

25         (9)  DENIAL, SUSPENSION, OR REVOCATION.--The department

26  may deny, suspend, or revoke any license issued hereunder or

27  under the provisions of s. 320.77 or s. 320.771, upon proof

28  that a licensee has failed to comply with any of the following

29  provisions with sufficient frequency so as to establish a

30  pattern of wrongdoing on the part of the licensee:

31


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                                         HB 4765, Second Engrossed



  1         (a)  Willful violation of any other law of this state,

  2  including chapter 319, this chapter, or ss. 559.901-559.9221,

  3  which has to do with dealing in or repairing motor vehicles or

  4  mobile homes or willful failure to comply with any

  5  administrative rule promulgated by the department.

  6         (b)  Commission of fraud or willful misrepresentation

  7  in application for or in obtaining a license.

  8         (c)  Perpetration of a fraud upon any person as a

  9  result of dealing in motor vehicles, including, without

10  limitation, the misrepresentation to any person by the

11  licensee of the licensee's relationship to any manufacturer,

12  importer, or distributor.

13         (d)  Representation that a demonstrator is a new motor

14  vehicle, or the attempt to sell or the sale of a demonstrator

15  as a new motor vehicle without written notice to the purchaser

16  that the vehicle is a demonstrator. For the purposes of this

17  section, a "demonstrator," a "new motor vehicle," and a "used

18  motor vehicle" shall be defined as under s. 320.60.

19         (e)  Unjustifiable refusal to comply with a licensee's

20  responsibility under the terms of the new motor vehicle

21  warranty issued by its respective manufacturer, distributor,

22  or importer. However, if such refusal is at the direction of

23  the manufacturer, distributor, or importer, such refusal shall

24  not be a ground under this section.

25         (f)  Misrepresentation or false, deceptive, or

26  misleading statements with regard to the sale or financing of

27  motor vehicles which any motor vehicle dealer has, or causes

28  to have, advertised, printed, displayed, published,

29  distributed, broadcast, televised, or made in any manner with

30  regard to the sale or financing of motor vehicles.

31


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                                         HB 4765, Second Engrossed



  1         (g)  Requirement by any motor vehicle dealer that a

  2  customer or purchaser accept equipment on his or her motor

  3  vehicle which was not ordered by the customer or purchaser.

  4         (h)  Requirement by any motor vehicle dealer that any

  5  customer or purchaser finance a motor vehicle with a specific

  6  financial institution or company.

  7         (i)  Failure by any motor vehicle dealer to provide a

  8  customer or purchaser with an odometer disclosure statement

  9  and a copy of any bona fide written, executed sales contract

10  or agreement of purchase connected with the purchase of the

11  motor vehicle purchased by the customer or purchaser.

12         (j)  Failure of any motor vehicle dealer to comply with

13  the terms of any bona fide written, executed agreement,

14  pursuant to the sale of a motor vehicle.

15         (k)  Requirement by the motor vehicle dealer that the

16  purchaser of a motor vehicle contract with the dealer for

17  physical damage insurance.

18         (l)  Violation of any of the provisions of s. 319.35 by

19  any motor vehicle dealer.

20         (m)  Either a history of bad credit or an unfavorable

21  credit rating as revealed by the applicant's official credit

22  report or by investigation by the department.

23         (n)  Failure to disclose damage to a new motor vehicle

24  as defined in s. 320.60(10) of which the dealer had actual

25  knowledge if the dealer's actual cost of repair, excluding

26  tires, bumpers, and glass, exceeds 3 percent of the

27  manufacturer's suggested retail price; provided, however, if

28  only the application of exterior paint is involved, disclosure

29  shall be made if such touch-up paint application exceeds $100.

30         (o)  Failure to apply for transfer of a title as

31  prescribed in s. 319.23(6).


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                                         HB 4765, Second Engrossed



  1         (p)  Use of the dealer license identification number by

  2  any person other than the licensed dealer or his or her

  3  designee.

  4         (q)  Conviction of a felony.

  5         (r)  Failure to continually meet the requirements of

  6  the licensure law.

  7         (s)  When a motor vehicle dealer is convicted of a

  8  crime which results in his or her being prohibited from

  9  continuing in that capacity, the dealer may not continue in

10  any capacity within the industry.  The offender shall have no

11  financial interest, management, sales, or other role in the

12  operation of a dealership.  Further, the offender may not

13  derive income from the dealership beyond reasonable

14  compensation for the sale of his or her ownership interest in

15  the business.

16         (t)  Representation to a customer or any advertisement

17  to the general public representing or suggesting that a motor

18  vehicle is a new motor vehicle if such vehicle lawfully cannot

19  be titled in the name of the customer or other member of the

20  general public by the seller using a manufacturer's statement

21  of origin as permitted in s. 319.23(1).

22         (u)  Failure to honor a bank draft or check given to a

23  motor vehicle dealer for the purchase of a motor vehicle by

24  another motor vehicle dealer within 10 days after notification

25  that the bank draft or check has been dishonored.  A single

26  violation of this paragraph is sufficient for revocation or

27  suspension.  If the transaction is disputed, the maker of the

28  bank draft or check shall post a bond in accordance with the

29  provisions of s. 559.917, and no proceeding for revocation or

30  suspension shall be commenced until the dispute is resolved.

31


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                                         HB 4765, Second Engrossed



  1         Section 64.  Effective January 1, 1999, section 320.28,

  2  Florida Statutes, is amended to read:

  3         320.28  Nonresident dealers in secondhand motor

  4  vehicles or, recreational vehicles, or mobile homes.--Every

  5  dealer in used or secondhand motor vehicles or, recreational

  6  vehicles, or mobile homes who is a nonresident of the state,

  7  does not have a permanent place of business in this state, and

  8  has not qualified as a dealer under the provisions of ss.

  9  320.27, 320.77, and 320.771, and any person other than a

10  dealer qualified under the provisions of said ss. 320.27,

11  320.77, and 320.771, who brings any used or secondhand motor

12  vehicle or, recreational vehicle, or mobile home into the

13  state for the purpose of sale, except to a dealer licensed

14  under the provisions of ss. 320.27, 320.77, and 320.771,

15  shall, at least 10 days prior to the sale of said vehicle, the

16  offering of said vehicle for sale, or the advertising of said

17  vehicle for sale, make and file with the department the

18  official application for a certificate of title for said

19  vehicle as provided by law.  Any person who has had one or

20  more transactions involving the sale of three or more used or

21  secondhand motor vehicles or, recreational vehicles, or mobile

22  homes in Florida during any 12-month period shall be deemed to

23  be a secondhand dealer in motor vehicles or, recreational

24  vehicles, or mobile homes.

25         Section 65.  Effective January 1, 1999, subsection (1)

26  of section 320.71, Florida Statutes, is amended to read:

27         320.71  Nonresident motor vehicle, mobile home, or

28  recreational vehicle dealer's license.--

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

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

31  manufacturer's distributor of motor vehicles, mobile homes, or


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                                         HB 4765, Second Engrossed



  1  recreational vehicles authorizing the sale thereof in definite

  2  Florida territory, and who sells or engages in the business of

  3  selling said vehicles at retail within the state shall

  4  register with the Department of Revenue for a sales tax dealer

  5  registration number and comply with chapter 212, and pay a

  6  license tax of $2,000 per annum in each county where such

  7  sales are made; $1,250 of said tax shall be transmitted to the

  8  Department of Banking and Finance to be deposited in the

  9  General Revenue Fund of the state, and $750 thereof shall be

10  returned to the county.  The license tax shall cover the

11  period from January 1 to the following December 31, and no

12  such license shall be issued for any fractional part of a

13  year.

14         Section 66.  Effective January 1, 1999, section

15  320.822, Florida Statutes, is amended to read:

16         320.822  Definitions.--In construing ss.

17  320.822-320.862, unless the context otherwise requires, the

18  following words or phrases have the following meanings:

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

20  from a dealer or manufacturer a mobile home or recreational

21  vehicle for his or her own use as a residence, or other

22  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, promulgated

26  by 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, Second Engrossed



  1  standard for park trailers certified as meeting that standard;

  2  or

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

  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 or recreational vehicle will

  8  provide structural strength and rigidity; protection against

  9  corrosion, decay, and other similar destructive forces;

10  resistance to the elements; and durability and economy of

11  maintenance.

12         (4)  "Institute" means the American National United

13  States of America Standards Institute.

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

15  means the distance from the extreme front of the mobile home

16  or recreational vehicle, to the extreme rear, including the

17  drawbar and coupling mechanism, but not including expandable

18  features that do not project from the body during

19  transportation.

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

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

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

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

24  other interior space and such distance includes expandable

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

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

27         (6)(7)  "Licensee" means any person licensed or

28  required to be licensed under s. 320.8225.

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

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

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


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                                         HB 4765, Second Engrossed



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

  2  12-month period or who offers or displays for sale one or more

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

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

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

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

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

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

  9  a mobile home rental or leasing company that sells mobile

10  homes to mobile home dealers licensed under s. 320.77, and

11  does not include persons who are selling their own mobile

12  homes.

13         (7)(9)  "Recreational vehicle dealer" means any person

14  engaged in the business of buying, selling, or dealing in

15  recreational vehicles or offering or displaying recreational

16  vehicles for sale.  The term "dealer" includes a recreational

17  vehicle broker.  Any person who buys, sells, deals in, or

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

19  sale of, one or more recreational vehicles in any 12-month

20  period shall be prima facie presumed to be a dealer.  The

21  terms "selling" and "sale" include lease-purchase

22  transactions.  The term "dealer" does not include banks,

23  credit unions, and finance companies that acquire recreational

24  vehicles as an incident to their regular business and does not

25  include mobile home rental and leasing companies that sell

26  recreational vehicles to dealers licensed under s. 320.771.

27         (10)  "Mobile home manufacturer" means any person,

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

29  manufactures or assembles mobile homes.

30         (8)(11)  "Recreational vehicle manufacturer" means any

31  person, resident or nonresident, who, as a trade or commerce,


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                                         HB 4765, Second Engrossed



  1  manufactures or assembles recreational vehicles or van-type

  2  vehicles in such manner that they then qualify as recreational

  3  vehicles, for sale in this state.

  4         (9)(12)  "Responsible party" means a manufacturer,

  5  dealer, or supplier.

  6         (10)(13)  "Seal" or "label" means a device issued by

  7  the department certifying that a mobile home or recreational

  8  vehicle meets the appropriate code, which device is to be

  9  displayed on the exterior of the mobile home or recreational

10  vehicle.

11         (14)  "Setup" means the operations performed at the

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

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

14  to, transporting, positioning, blocking, leveling, supporting,

15  tying down, connecting utility systems, making minor

16  adjustments, or assembling multiple or expandable units.

17         (11)(15)  "Substantial defect" means:

18         (a)  Any substantial deficiency or defect in materials

19  or workmanship occurring to a mobile home or recreational

20  vehicle which has been reasonably maintained and cared for in

21  normal use.

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

23  component of the mobile home or recreational vehicle, which

24  fails to comply with the code.

25         (12)(16)  "Supplier" means the original producer of

26  completed components, including refrigerators, stoves, hot

27  water heaters, dishwashers, cabinets, air conditioners,

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

29  a manufacturer or dealer for installation in the mobile home

30  or recreational vehicle prior to sale to a buyer.

31


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                                         HB 4765, Second Engrossed



  1         (17)  "Width of a mobile home" means the distance from

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

  3  side wall where such walls enclose living or other interior

  4  space and such distance includes expandable rooms but not bay

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

  6  attachments.

  7         (13)(18)  "Body size" of a park trailer, travel

  8  trailer, or fifth-wheel trailer means the distance from the

  9  exterior side or end to the opposite exterior side or end of

10  the body. Such distance includes expandable rooms, bay

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

12  travel mode. The following exceptions apply:

13         (a)  Travel trailers shall not exceed 320 square feet.

14  All square footage measurements are of the exterior when in

15  setup mode, including bay windows.

16         (b)  Park trailers constructed to ANSI A-119.5 shall

17  not exceed 400 square feet. Park trailers constructed to the

18  United States Department of Housing and Urban Development

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

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

21  include bay windows.

22         (b)(c)  Fifth-wheel trailers may not exceed 400 square

23  feet. All square footage measurements are of the exterior when

24  in setup mode, including bay windows.

25         Section 67.  Effective January 1, 1999, section

26  320.8225, Florida Statutes, is amended to read:

27         320.8225  Mobile home and Recreational vehicle

28  manufacturer's license.--

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

30  business of a mobile home or recreational vehicle manufacturer

31  in this state, or who manufactures mobile homes or


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                                         HB 4765, Second Engrossed



  1  recreational vehicles out of state which are ultimately

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

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

  4  factory location out of state which manufactures mobile homes

  5  or recreational vehicles for sale in this state, prior to

  6  distributing mobile homes or recreational vehicles for sale in

  7  this state.

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

  9  be in the form prescribed by the department and shall contain

10  sufficient information to disclose the identity, location, and

11  responsibility of the applicant.  The application shall also

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

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

14  any information relating to the applicant's solvency and

15  financial standing, and any other pertinent matter

16  commensurate with safeguarding the public.  The department may

17  prescribe an abbreviated application for renewal of a license

18  if the licensee had previously filed an initial application

19  pursuant to this section.  The application for renewal shall

20  include any information necessary to bring current the

21  information required in the initial application.

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

23  applicant shall pay to the department a fee of $300.  Upon

24  making renewal application, the applicant shall pay to the

25  department a fee of $100.  Any applicant for renewal who has

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

27  shall pay a renewal application fee equal to the original

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

29  deposited into the General Revenue Fund.

30

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                                         HB 4765, Second Engrossed



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

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

  3  agent for service of process pursuant to s. 48.181.

  4         (5)  REQUIREMENT OF ASSURANCE.--

  5         (a)  Annually, prior to the receipt of a license to

  6  manufacture mobile homes, the applicant or licensee shall

  7  submit a surety bond, cash bond, or letter of credit from a

  8  financial institution, or a proper continuation certificate,

  9  sufficient to assure satisfaction of claims against the

10  licensee for failure to comply with appropriate code

11  standards, failure to provide warranty service, or violation

12  of any provisions of this section. The amount of the surety

13  bond, cash bond, or letter of credit shall be $50,000. Only

14  one surety bond, cash bond, or letter of credit shall be

15  required for each manufacturer, regardless of the number of

16  factory locations. The surety bond, cash bond, or letter of

17  credit shall be to the department, in favor of any retail

18  customer who shall suffer loss arising out of noncompliance

19  with code standards or failure to honor or provide warranty

20  service. The department shall have the right to disapprove any

21  bond or letter of credit that does not provide assurance as

22  provided in this section.

23         (a)(b)  Annually, prior to the receipt of a license to

24  manufacture recreational vehicles, the applicant or licensee

25  shall submit a surety bond, or a proper continuation

26  certificate, sufficient to assure satisfaction of claims

27  against the licensee for failure to comply with appropriate

28  code standards, failure to provide warranty service, or

29  violation of any provisions of this section.  The amount of

30  the surety bond shall be $10,000 per year. The surety bond

31  shall be to the department, in favor of any retail customer


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                                         HB 4765, Second Engrossed



  1  who shall suffer loss arising out of noncompliance with code

  2  standards or failure to honor or provide warranty service. The

  3  department shall have the right to disapprove any bond which

  4  does not provide assurance as provided in this section.

  5         (b)(c)  The department shall adopt rules pursuant to

  6  chapter 120 consistent with this section in providing

  7  assurance of satisfaction of claims.

  8         (c)(d)  The department shall, upon denial, suspension,

  9  or revocation of any license, notify the surety company of the

10  licensee, in writing, that the license has been denied,

11  suspended, or revoked and shall state the reason for such

12  denial, suspension, or revocation.

13         (d)(e)  Any surety company which pays any claim against

14  the bond of any licensee shall notify the department, in

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

16  amount of the claim.

17         (e)(f)  Any surety company which cancels the bond of

18  any licensee shall notify the department, in writing, of such

19  cancellation, giving reason for the cancellation.

20         (6)  LICENSE YEAR.--A license issued to a mobile home

21  or recreational vehicle manufacturer entitles the licensee to

22  conduct the business of a mobile home or recreational vehicle

23  manufacturer for a period of 1 year from October 1 preceding

24  the date of issuance.

25         (7)  DENIAL OF LICENSE.--The department may deny a

26  mobile home or recreational vehicle manufacturer's license on

27  the ground that:

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

29  his or her application for a license.

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

31  applicable provision of this chapter.


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                                         HB 4765, Second Engrossed



  1         (c)  The applicant has failed to provide warranty

  2  service.

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

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

  5  relating to the manufacture or sale of mobile homes or

  6  recreational vehicles.

  7         (e)  The department has proof of unfitness of the

  8  applicant.

  9         (f)  The applicant or licensee has engaged in previous

10  conduct in any state which would have been a ground for

11  revocation or suspension of a license in this state.

12         (g)  The applicant or licensee has violated any of the

13  provisions of the code relating to recreational vehicles of

14  the National Mobile Home Construction and Safety Standards Act

15  of 1974 or any rule or regulation of the Department of Housing

16  and Urban Development promulgated thereunder.

17

18  Upon denial of a license, the department shall notify the

19  applicant within 10 days, stating in writing its grounds for

20  denial.  The applicant is entitled to a public hearing and may

21  request that such hearing be held within 45 days of denial of

22  the license.  All proceedings shall be pursuant to chapter

23  120.

24         (8)  REVOCATION OR SUSPENSION OF LICENSE.--The

25  department shall suspend or, in the case of a subsequent

26  offense, shall revoke any license upon a finding that the

27  licensee violated any provision of this chapter or any other

28  law of this state regarding the manufacture, warranty, or sale

29  of mobile homes or recreational vehicles.  When any license

30  has been revoked or suspended by the department, it may be

31  reinstated if the department finds that the former licensee


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                                         HB 4765, Second Engrossed



  1  has complied with all applicable requirements of this chapter

  2  and an application for a license is refiled pursuant to this

  3  section.

  4         (9)  CIVIL PENALTIES; PROCEDURE.--In addition to the

  5  exercise of other powers provided in this section, the

  6  department is authorized to assess, impose, levy, and collect

  7  by legal process a civil penalty, in an amount not to exceed

  8  $1,000 for each violation, against any licensee if it finds

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

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

11  dealing in motor vehicles.  Any licensee shall be entitled to

12  a hearing pursuant to chapter 120 should the licensee wish to

13  contest the fine levied, or about to be levied, upon him or

14  her.

15         Section 68.  Effective January 1, 1999, subsection (1)

16  of section 320.8231, Florida Statutes, is amended to read:

17         320.8231  Establishment of uniform standards for

18  recreational vehicle-type units and park trailers.--

19         (1)  Each recreational vehicle-type unit, as defined in

20  s. 320.01(1)(b), manufactured in this state or manufactured

21  outside this state but sold or offered for sale in this state

22  shall meet the Uniform Standards Code ANSI book A-119.2 or

23  A-119.5, as applicable, approved by the American National

24  Standards Institute. Such standards shall include, but are not

25  limited to, standards for the installation of plumbing,

26  heating, and electrical systems and fire and life safety in

27  recreational vehicle-type units and park trailers. However,

28  those park trailers exceeding 400 square feet shall meet the

29  Federal Manufactured Home Construction and Safety Standards

30  and shall have a United States Department of Housing and Urban

31  Development label.


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  1         Section 69.  Effective January 1, 1999, section

  2  320.8232, Florida Statutes, is amended to read:

  3         320.8232  Establishment of uniform standards for used

  4  recreational vehicles and repair and remodeling code for

  5  mobile homes.--

  6         (1)  Each used recreational vehicle manufactured after

  7  January 1, 1968, and sold or offered for sale in this state by

  8  a dealer or manufacturer shall meet the standards of the Used

  9  Recreational Vehicle Code.  The provisions of said code shall

10  ensure safe and livable housing and shall not be more

11  stringent than those standards required to be met in the

12  manufacture of recreational vehicles.  Such provisions shall

13  include, but not be limited to, standards for structural

14  adequacy, plumbing, heating, electrical systems, and fire and

15  life safety.

16         (2)  The provisions of the repair and remodeling code

17  shall ensure safe and livable housing and shall not be more

18  stringent than those standards required to be met in the

19  manufacture of mobile homes.  Such provisions shall include,

20  but not be limited to, standards for structural adequacy,

21  plumbing, heating, electrical systems, and fire and life

22  safety.

23         Section 70.  Effective January 1, 1999, section

24  320.824, Florida Statutes, is amended to read:

25         320.824  Rules and regulations, changes and

26  modifications of standards.--

27         (1)  The department may make such rules and regulations

28  as it shall deem necessary or proper for the effective

29  administration and enforcement of ss. 320.822-320.90 and may

30  adopt and promulgate any changes in, or additions to, the

31  standards adopted in s. 320.823 or s. 320.8231, which are


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  1  approved and officially published by the institute or

  2  promulgated by the Department of Housing and Urban Development

  3  subsequent to the effective date of this act.

  4         (2)  The department or its authorized agent may enter

  5  any place or establishment where mobile homes are

  6  manufactured, sold, or offered for sale, for the purpose of

  7  ascertaining whether the requirements of the code and the

  8  regulations adopted by the department have been met.

  9         Section 71.  Effective January 1, 1999, section

10  320.8245, Florida Statutes, is amended to read:

11         320.8245  Limitation of alteration or modification to

12  mobile homes or recreational vehicles.--

13         (1)  LIMITATION OF ALTERATIONS OR MODIFICATIONS.--No

14  alteration or modification shall be made to a mobile home or

15  recreational vehicle by a licensed dealer after shipment from

16  the manufacturer's plant unless such alteration or

17  modification is authorized in this section.

18         (2)  EFFECT ON MOBILE HOME WARRANTY.--Unless an

19  alteration or modification is performed by a qualified person

20  as defined in subsection (4), the warranty responsibility of

21  the manufacturer as to the altered or modified item shall be

22  void.

23         (a)  An alteration or modification performed by a

24  mobile home or recreational vehicle dealer or his or her agent

25  or employee shall place warranty responsibility for the

26  altered or modified item upon the dealer. If the manufacturer

27  fulfills, or is required to fulfill, the warranty on the

28  altered or modified item, he or she shall be entitled to

29  recover damages in the amount of his or her costs and

30  attorneys' fees from the dealer.

31


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                                         HB 4765, Second Engrossed



  1         (b)  An alteration or modification performed by a

  2  mobile home or recreational vehicle owner or his or her agent

  3  shall render the manufacturer's warranty as to that item void.

  4  A statement shall be displayed clearly and conspicuously on

  5  the face of the warranty that the warranty is void as to the

  6  altered or modified item if the alteration or modification is

  7  performed by other than a qualified person.  Failure to

  8  display such statement shall result in warranty responsibility

  9  on the manufacturer.

10         (3)  AUTHORITY OF THE DEPARTMENT.--The department is

11  authorized to promulgate rules and regulations pursuant to

12  chapter 120 which define the alterations or modifications

13  which must be made by qualified personnel.  The department may

14  regulate only those alterations and modifications which

15  substantially impair the structural integrity or safety of the

16  recreational vehicle mobile home.

17         (4)  DESIGNATION AS A QUALIFIED PERSON.--

18         (a)  In order to be designated as a person qualified to

19  alter or modify a mobile home or recreational vehicle, a

20  person must comply with local or county licensing or

21  competency requirements in skills relevant to performing

22  alterations or modifications on mobile homes or recreational

23  vehicles.

24         (b)  When no local or county licensing or competency

25  requirements exist, the department may certify persons to

26  perform recreational vehicle mobile home alterations or

27  modifications.  The department shall by rule or regulation

28  determine what skills and competency requirements are

29  requisite to the issuance of a certification.  A fee

30  sufficient to cover the costs of issuing certifications may be

31  charged by the department.  The certification shall be valid


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  1  for a period which terminates when the county or other local

  2  governmental unit enacts relevant competency or licensing

  3  requirements.  The certification shall be valid only in

  4  counties or localities without licensing or competency

  5  requirements.

  6         (c)  The department shall determine which counties and

  7  localities have licensing or competency requirements adequate

  8  to eliminate the requirement of certification.  This

  9  determination shall be based on a review of the relevant

10  county or local standards for adequacy in regulating persons

11  who perform alterations or modifications to recreational

12  vehicles mobile homes. The department shall find local or

13  county standards adequate when minimal licensing or competency

14  standards are provided.

15         Section 72.  Effective January 1, 1999, section

16  320.8256, Florida Statutes, is amended to read:

17         320.8256  Recreational vehicle inspection.--

18         (1)  In order to ensure the highest degree of quality

19  control in the construction of new recreational vehicles and

20  to ensure the safe condition of used recreational vehicles,

21  each new or used recreational vehicle sold in the state shall

22  be inspected by licensed recreational vehicle dealers offering

23  such unit for sale.

24         (2)  The department shall determine a fee for the seal

25  authorized under s. 320.827 which is sufficient to cover the

26  cost of producing and issuing the seal. Fees collected shall

27  be deposited into the General Revenue Fund.

28         Section 73.  Effective January 1, 1999, section

29  320.834, Florida Statutes, is amended to read:

30         320.834  Purpose.--It is the intent of the Legislature

31  to ensure the safety and welfare of residents of recreational


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                                         HB 4765, Second Engrossed



  1  vehicles mobile homes through an inspection program conducted

  2  by the Department of Highway Safety and Motor Vehicles.

  3  Mobile homes are a primary housing resource of many of the

  4  residents of the state and satisfy a large segment of

  5  statewide housing needs.  It is the further intent of the

  6  Legislature that the department, recreational vehicle mobile

  7  home dealers, and recreational vehicle mobile home

  8  manufacturers continue to work together to meet the applicable

  9  code requirements for recreational vehicles mobile homes and

10  that such dealers and manufacturers share the responsibilities

11  of warranting recreational vehicles mobile homes in accordance

12  with applicable codes and resolving legitimate consumer

13  complaints in a timely, efficient manner.

14         Section 74.  Effective January 1, 1999, section

15  320.835, Florida Statutes, is amended to read:

16         320.835  Mobile home and Recreational vehicle

17  warranties.--Each manufacturer, dealer, and supplier of mobile

18  homes or recreational vehicles shall warrant each new mobile

19  home or recreational vehicle sold in this state and the setup

20  of each such mobile home, in accordance with the warranty

21  requirements prescribed by this section, for a period of at

22  least 12 months, measured from the date of delivery of the

23  mobile home to the buyer or the date of sale of the

24  recreational vehicle.  The warranty requirements of each

25  manufacturer, dealer, and supplier of mobile homes or

26  recreational vehicles are as follows:

27         (1)  The manufacturer warrants:

28         (a)  for a mobile home or recreational vehicle, that

29  all structural elements; plumbing systems; heating, cooling,

30  and fuel-burning systems; electrical systems; fire prevention

31


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                                         HB 4765, Second Engrossed



  1  systems; and any other components or conditions included by

  2  the manufacturer are free from substantial defect.

  3         (b)  That 100-ampere electrical service exists in the

  4  mobile home.

  5         (2)  The dealer warrants:

  6         (a)  that any modifications or alterations made to the

  7  mobile home or recreational vehicle by the dealer or

  8  authorized by the dealer shall be free from substantial

  9  defect. Alterations or modifications made by a dealer shall

10  relieve the manufacturer of warranty responsibility only as to

11  the item altered or modified.

12         (b)  That setup operations performed on the mobile home

13  are performed in compliance with s. 320.8325.

14         (c)  That substantial defects do not occur to the

15  mobile home during setup or by transporting it to the

16  occupancy site.

17

18  When the setup of a mobile home is performed by a person who

19  is not an employee or agent of the mobile home manufacturer or

20  dealer and is not compensated or authorized by, or connected

21  with, such manufacturer or dealer, then the warranty

22  responsibility of the manufacturer or dealer as to setup shall

23  be limited to transporting the mobile home to the occupancy

24  site free from substantial defect.

25         (3)  The supplier warrants that any warranties

26  generally offered in the ordinary sale of his or her product

27  to consumers shall be extended to buyers of mobile homes and

28  recreational vehicles.  When no warranty is extended by

29  suppliers, the manufacturer shall assume warranty

30  responsibility for that component.

31


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                                         HB 4765, Second Engrossed



  1         Section 75.  Effective January 1, 1999, section

  2  320.865, Florida Statutes, is amended to read:

  3         320.865  Maintenance of records by the department.--The

  4  department shall maintain uniform records of all complaints

  5  filed against licensees licensed under the provisions of ss.

  6  320.27, 320.61, 320.77, 320.771, and 320.8225, any other

  7  provision of this chapter to the contrary notwithstanding. The

  8  records shall contain all enforcement actions taken against

  9  licensees and against unlicensed persons acting in a capacity

10  which would require them to be licensed under those sections.

11  The permanent file of each licensee and unlicensed person

12  shall contain a record of any complaints filed against him or

13  her and a record of any enforcement actions taken against him

14  or her.  All complaints and satisfactions thereof and

15  enforcement actions on each licensee and unlicensed person

16  shall be entered into the central database in such a manner

17  that rapid retrieval will be facilitated.  The complainant and

18  the referring agency, if there is one, shall be advised of the

19  disposition by the department of the complaint within 10 days

20  of such action.

21         Section 76.  Effective January 1, 1999, subsection (3)

22  of section 325.202, Florida Statutes, is amended to read:

23         325.202  Definitions.--As used in this act, the term:

24         (3)  "Dealer certificate" means an inspection

25  certificate issued to a motor vehicle dealer, motor vehicle

26  broker as defined in s. 320.07, mobile home dealer as defined

27  in s. 553.432 320.77, or recreational vehicle dealer as

28  defined in s. 320.771, indicating that a motor vehicle has

29  passed an emissions inspection, which grants the dealer or

30  broker 12 months in which to sell at retail the identified

31  motor vehicle owned by the dealer or broker.


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  1         Section 77.  Effective January 1, 1999, subsection (8)

  2  of section 325.203, Florida Statutes, is amended to read:

  3         325.203  Motor vehicles subject to annual inspection;

  4  exemptions.--

  5         (8)  A motor vehicle dealer, motor vehicle broker as

  6  defined in s. 320.27, mobile home dealer as defined in s.

  7  553.432 320.77, recreational vehicle dealer as defined in s.

  8  320.771, governmental agency subject to subsection (5), or

  9  person located in a program area may not sell at retail any

10  motor vehicle that is subject to inspection under this act and

11  that is to be registered in a program area unless the motor

12  vehicle has received a valid inspection certificate within 180

13  days before sale or received a valid dealer certificate within

14  12 months before sale. If a motor vehicle is purchased outside

15  the program area and is required to be registered in the

16  program area, the purchaser must meet the inspection

17  requirements of this act before such registration.

18         Section 78.  Effective January 1, 1999, subsections (2)

19  and (4) and paragraph (a) of subsection (6) of section

20  325.213, Florida Statutes, are amended to read:

21         325.213  Self-inspectors.--

22         (2)  Any applicant shall pay to the department a

23  nonrefundable fee of $100 in addition to any other fees

24  required by law.  Upon making a renewal application, the

25  applicant shall pay to the department a nonrefundable fee of

26  $50 in addition to any other fees required by law.  If the

27  applicant is a motor vehicle or mobile home dealer licensed

28  under s. 320.27 or s. 320.77, or a recreational vehicle dealer

29  licensed under s. 320.771, the nonrefundable application fee

30  and subsequent nonrefundable renewal application fee is $25,

31  in addition to any other fees required by law.


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  1         (4)  Each self-inspector license issued by the

  2  department is valid for the year of issue and shall expire

  3  annually on December 31 unless revoked or suspended prior to

  4  that date.  The self-inspector license for a motor vehicle,

  5  mobile home dealer, and recreational vehicle dealer shall

  6  expire annually on the same date that the dealer license

  7  issued pursuant to the provisions of s. 320.27, s. 320.77, or

  8  s. 320.771 expires.  A renewal application made subsequent to

  9  the expiration date must be accompanied by a delinquency fee

10  of $50 in addition to the renewal application fee prescribed

11  in subsection (2).

12         (6)(a)  Prior to the issuance of a self-inspector

13  license, the applicant shall deliver to the department a good

14  and sufficient surety bond or irrevocable letter of credit,

15  executed by the applicant as principal, in the sum of $5,000.

16  If the applicant is a motor vehicle dealer, a mobile home

17  dealer, or a recreational vehicle dealer licensed by the

18  department, this requirement shall be waived in lieu of the

19  surety bond required under s. 320.27, s. 320.77, or s.

20  320.771.  A surety bond or letter of credit is not required if

21  the applicant is a state or local government agency.

22         Section 79.  Effective January 1, 1999, paragraph (b)

23  of subsection (2) of section 627.351, Florida Statutes, is

24  amended to read:

25         627.351  Insurance risk apportionment plans.--

26         (2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--

27         (b)  The department shall require all insurers holding

28  a certificate of authority to transact property insurance on a

29  direct basis in this state, other than joint underwriting

30  associations and other entities formed pursuant to this

31  section, to provide windstorm coverage to applicants from


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                                         HB 4765, Second Engrossed



  1  areas determined to be eligible pursuant to paragraph (c) who

  2  in good faith are entitled to, but are unable to procure, such

  3  coverage through ordinary means; or it shall adopt a

  4  reasonable plan or plans for the equitable apportionment or

  5  sharing among such insurers of windstorm coverage, which may

  6  include formation of an association for this purpose. As used

  7  in this subsection, the term "property insurance" means

  8  insurance on real or personal property, as defined in s.

  9  624.604, including insurance for fire, industrial fire, allied

10  lines, farmowners multiperil, homeowners' multiperil,

11  commercial multiperil, and mobile homes, and including

12  liability coverages on all such insurance, but excluding

13  inland marine as defined in s. 624.607(3) and excluding

14  vehicle insurance as defined in s. 624.605(1)(a) other than

15  insurance on mobile homes used as permanent dwellings. The

16  department shall adopt rules that provide a formula for the

17  recovery and repayment of any deferred assessments.

18         1.  For the purpose of this section, properties

19  eligible for such windstorm coverage are defined as dwellings,

20  buildings, and other structures, including mobile homes which

21  are used as dwellings and which are tied down in compliance

22  with mobile home tie-down requirements prescribed by the

23  Division of Factory-built Housing of the Department of

24  Community Affairs Highway Safety and Motor Vehicles pursuant

25  to s. 553.445 320.8325, and the contents of all such

26  properties. An applicant or policyholder is eligible for

27  coverage only if an offer of coverage cannot be obtained by or

28  for the applicant or policyholder from an admitted insurer at

29  approved rates.

30         2.a.(I)  All insurers required to be members of such

31  association shall participate in its writings, expenses, and


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  1  losses. Surplus of the association shall be retained for the

  2  payment of claims and shall not be distributed to the member

  3  insurers. Such participation by member insurers shall be in

  4  the proportion that the net direct premiums of each member

  5  insurer written for property insurance in this state during

  6  the preceding calendar year bear to the aggregate net direct

  7  premiums for property insurance of all member insurers, as

  8  reduced by any credits for voluntary writings, in this state

  9  during the preceding calendar year. For the purposes of this

10  subsection, the term "net direct premiums" means direct

11  written premiums for property insurance, reduced by premium

12  for liability coverage and for the following if included in

13  allied lines: rain and hail on growing crops; livestock;

14  association direct premiums booked; National Flood Insurance

15  Program direct premiums; and similar deductions specifically

16  authorized by the plan of operation and approved by the

17  department. A member's participation shall begin on the first

18  day of the calendar year following the year in which it is

19  issued a certificate of authority to transact property

20  insurance in the state and shall terminate 1 year after the

21  end of the calendar year during which it no longer holds a

22  certificate of authority to transact property insurance in the

23  state. The commissioner, after review of annual statements,

24  other reports, and any other statistics that the commissioner

25  deems necessary, shall certify to the association the

26  aggregate direct premiums written for property insurance in

27  this state by all member insurers.

28         (II)  The plan of operation shall provide for a board

29  of directors consisting of the Insurance Consumer Advocate

30  appointed under s. 627.0613, 1 consumer representative

31  appointed by the Insurance Commissioner, 1 consumer


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  1  representative appointed by the Governor, and 12 additional

  2  members appointed as specified in the plan of operation. One

  3  of the 12 additional members shall be elected by the domestic

  4  companies of this state on the basis of cumulative weighted

  5  voting based on the net direct premiums of domestic companies

  6  in this state. Nothing in the 1997 amendments to this

  7  paragraph terminates the existing board or the terms of any

  8  members of the board.

  9         (III)  The plan of operation shall provide a formula

10  whereby a company voluntarily providing windstorm coverage in

11  affected areas will be relieved wholly or partially from

12  apportionment of a regular assessment pursuant to

13  sub-sub-subparagraph d.(I) or sub-sub-subparagraph d.(II).

14         (IV)  A company which is a member of a group of

15  companies under common management may elect to have its

16  credits applied on a group basis, and any company or group may

17  elect to have its credits applied to any other company or

18  group.

19         (V)  There shall be no credits or relief from

20  apportionment to a company for emergency assessments collected

21  from its policyholders under sub-sub-subparagraph d.(III).

22         (VI)  The plan of operation may also provide for the

23  award of credits, for a period not to exceed 3 years, from a

24  regular assessment pursuant to sub-sub-subparagraph d.(I) or

25  sub-sub-subparagraph d.(II) as an incentive for taking

26  policies out of the Residential Property and Casualty Joint

27  Underwriting Association.  In order to qualify for the

28  exemption under this sub-sub-subparagraph, the take-out plan

29  must provide that at least 40 percent of the policies removed

30  from the Residential Property and Casualty Joint Underwriting

31  Association cover risks located in Dade, Broward, and Palm


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  1  Beach Counties or at least 30 percent of the policies so

  2  removed cover risks located in Dade, Broward, and Palm Beach

  3  Counties and an additional 50 percent of the policies so

  4  removed cover risks located in other coastal counties, and

  5  must also provide that no more than 15 percent of the policies

  6  so removed may exclude windstorm coverage.  With the approval

  7  of the department, the association may waive these geographic

  8  criteria for a take-out plan that removes at least the lesser

  9  of 100,000 Residential Property and Casualty Joint

10  Underwriting Association policies or 15 percent of the total

11  number of Residential Property and Casualty Joint Underwriting

12  Association policies, provided the governing board of the

13  Residential Property and Casualty Joint Underwriting

14  Association certifies that the take-out plan will materially

15  reduce the Residential Property and Casualty Joint

16  Underwriting Association's 100-year probable maximum loss from

17  hurricanes.  With the approval of the department, the board

18  may extend such credits for an additional year if the insurer

19  guarantees an additional year of renewability for all policies

20  removed from the Residential Property and Casualty Joint

21  Underwriting Association, or for 2 additional years if the

22  insurer guarantees 2 additional years of renewability for all

23  policies removed from the Residential Property and Casualty

24  Joint Underwriting Association.

25         b.  Assessments to pay deficits in the association

26  under this subparagraph shall be included as an appropriate

27  factor in the making of rates as provided in s. 627.3512.

28         c.  The Legislature finds that the potential for

29  unlimited deficit assessments under this subparagraph may

30  induce insurers to attempt to reduce their writings in the

31  voluntary market, and that such actions would worsen the


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                                         HB 4765, Second Engrossed



  1  availability problems that the association was created to

  2  remedy. It is the intent of the Legislature that insurers

  3  remain fully responsible for paying regular assessments and

  4  collecting emergency assessments for any deficits of the

  5  association; however, it is also the intent of the Legislature

  6  to provide a means by which assessment liabilities may be

  7  amortized over a period of years.

  8         d.(I)  When the deficit incurred in a particular

  9  calendar year is 10 percent or less of the aggregate statewide

10  direct written premium for property insurance for the prior

11  calendar year for all member insurers, the association shall

12  levy an assessment on member insurers in an amount equal to

13  the deficit.

14         (II)  When the deficit incurred in a particular

15  calendar year exceeds 10 percent of the aggregate statewide

16  direct written premium for property insurance for the prior

17  calendar year for all member insurers, the association shall

18  levy an assessment on member insurers in an amount equal to

19  the greater of 10 percent of the deficit or 10 percent of the

20  aggregate statewide direct written premium for property

21  insurance for the prior calendar year for member insurers. Any

22  remaining deficit shall be recovered through emergency

23  assessments under sub-sub-subparagraph (III).

24         (III)  Upon a determination by the board of directors

25  that a deficit exceeds the amount that will be recovered

26  through regular assessments on member insurers, pursuant to

27  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the

28  board shall levy, after verification by the department,

29  emergency assessments to be collected by member insurers and

30  by underwriting associations created pursuant to this section

31  which write property insurance, upon issuance or renewal of


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                                         HB 4765, Second Engrossed



  1  property insurance policies other than National Flood

  2  Insurance policies in the year or years following levy of the

  3  regular assessments. The amount of the emergency assessment

  4  collected in a particular year shall be a uniform percentage

  5  of that year's direct written premium for property insurance

  6  for all member insurers and underwriting associations,

  7  excluding National Flood Insurance policy premiums, as

  8  annually determined by the board and verified by the

  9  department. The department shall verify the arithmetic

10  calculations involved in the board's determination within 30

11  days after receipt of the information on which the

12  determination was based. Notwithstanding any other provision

13  of law, each member insurer and each underwriting association

14  created pursuant to this section shall collect emergency

15  assessments from its policyholders without such obligation

16  being affected by any credit, limitation, exemption, or

17  deferment.  The emergency assessments so collected shall be

18  transferred directly to the association on a periodic basis as

19  determined by the association. The aggregate amount of

20  emergency assessments levied under this sub-sub-subparagraph

21  in any calendar year may not exceed the greater of 10 percent

22  of the amount needed to cover the original deficit, plus

23  interest, fees, commissions, required reserves, and other

24  costs associated with financing of the original deficit, or 10

25  percent of the aggregate statewide direct written premium for

26  property insurance written by member insurers and underwriting

27  associations for the prior year, plus interest, fees,

28  commissions, required reserves, and other costs associated

29  with financing the original deficit. The board may pledge the

30  proceeds of the emergency assessments under this

31  sub-sub-subparagraph as the source of revenue for bonds, to


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                                         HB 4765, Second Engrossed



  1  retire any other debt incurred as a result of the deficit or

  2  events giving rise to the deficit, or in any other way that

  3  the board determines will efficiently recover the deficit. The

  4  emergency assessments under this sub-sub-subparagraph shall

  5  continue as long as any bonds issued or other indebtedness

  6  incurred with respect to a deficit for which the assessment

  7  was imposed remain outstanding, unless adequate provision has

  8  been made for the payment of such bonds or other indebtedness

  9  pursuant to the document governing such bonds or other

10  indebtedness. Emergency assessments collected under this

11  sub-sub-subparagraph are not part of an insurer's rates, are

12  not premium, and are not subject to premium tax, fees, or

13  commissions; however, failure to pay the emergency assessment

14  shall be treated as failure to pay premium.

15         (IV)  Each member insurer's share of the total regular

16  assessments under sub-sub-subparagraph (I) or

17  sub-sub-subparagraph (II) shall be in the proportion that the

18  insurer's net direct premium for property insurance in this

19  state, for the year preceding the assessment bears to the

20  aggregate statewide net direct premium for property insurance

21  of all member insurers, as reduced by any credits for

22  voluntary writings for that year.

23         (V)  If regular deficit assessments are made under

24  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), or by

25  the Residential Property and Casualty Joint Underwriting

26  Association under sub-subparagraph (6)(b)3.a. or

27  sub-subparagraph (6)(b)3.b., the association shall levy upon

28  the association's policyholders, as part of its next rate

29  filing, or by a separate rate filing solely for this purpose,

30  a market equalization surcharge in a percentage equal to the

31  total amount of such regular assessments divided by the


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                                         HB 4765, Second Engrossed



  1  aggregate statewide direct written premium for property

  2  insurance for member insurers for the prior calendar year.

  3  Market equalization surcharges under this sub-sub-subparagraph

  4  are not considered premium and are not subject to commissions,

  5  fees, or premium taxes; however, failure to pay a market

  6  equalization surcharge shall be treated as failure to pay

  7  premium.

  8         e.  The governing body of any unit of local government,

  9  any residents of which are insured under the plan, may issue

10  bonds as defined in s. 125.013 or s. 166.101 to fund an

11  assistance program, in conjunction with the association, for

12  the purpose of defraying deficits of the association. In order

13  to avoid needless and indiscriminate proliferation,

14  duplication, and fragmentation of such assistance programs,

15  any unit of local government, any residents of which are

16  insured by the association, may provide for the payment of

17  losses, regardless of whether or not the losses occurred

18  within or outside of the territorial jurisdiction of the local

19  government. Revenue bonds may not be issued until validated

20  pursuant to chapter 75, unless a state of emergency is

21  declared by executive order or proclamation of the Governor

22  pursuant to s. 252.36 making such findings as are necessary to

23  determine that it is in the best interests of, and necessary

24  for, the protection of the public health, safety, and general

25  welfare of residents of this state and the protection and

26  preservation of the economic stability of insurers operating

27  in this state, and declaring it an essential public purpose to

28  permit certain municipalities or counties to issue bonds as

29  will provide relief to claimants and policyholders of the

30  association and insurers responsible for apportionment of plan

31  losses. Any such unit of local government may enter into such


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                                         HB 4765, Second Engrossed



  1  contracts with the association and with any other entity

  2  created pursuant to this subsection as are necessary to carry

  3  out this paragraph. Any bonds issued under this

  4  sub-subparagraph shall be payable from and secured by moneys

  5  received by the association from assessments under this

  6  subparagraph, and assigned and pledged to or on behalf of the

  7  unit of local government for the benefit of the holders of

  8  such bonds. The funds, credit, property, and taxing power of

  9  the state or of the unit of local government shall not be

10  pledged for the payment of such bonds. If any of the bonds

11  remain unsold 60 days after issuance, the department shall

12  require all insurers subject to assessment to purchase the

13  bonds, which shall be treated as admitted assets; each insurer

14  shall be required to purchase that percentage of the unsold

15  portion of the bond issue that equals the insurer's relative

16  share of assessment liability under this subsection. An

17  insurer shall not be required to purchase the bonds to the

18  extent that the department determines that the purchase would

19  endanger or impair the solvency of the insurer. The authority

20  granted by this sub-subparagraph is additional to any bonding

21  authority granted by subparagraph 6.

22         3.  The plan shall also provide that any member with a

23  surplus as to policyholders of $20 million or less writing 25

24  percent or more of its total countrywide property insurance

25  premiums in this state may petition the department, within the

26  first 90 days of each calendar year, to qualify as a limited

27  apportionment company. The apportionment of such a member

28  company in any calendar year for which it is qualified shall

29  not exceed its gross participation, which shall not be

30  affected by the formula for voluntary writings. In no event

31  shall a limited apportionment company be required to


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                                         HB 4765, Second Engrossed



  1  participate in any apportionment of losses pursuant to

  2  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II)

  3  in the aggregate which exceeds $50 million after payment of

  4  available plan funds in any calendar year. However, a limited

  5  apportionment company shall collect from its policyholders any

  6  emergency assessment imposed under sub-sub-subparagraph

  7  2.d.(III). The plan shall provide that, if the department

  8  determines that any regular assessment will result in an

  9  impairment of the surplus of a limited apportionment company,

10  the department may direct that all or part of such assessment

11  be deferred. However, there shall be no limitation or

12  deferment of an emergency assessment to be collected from

13  policyholders under sub-sub-subparagraph 2.d.(III).

14         4.  The plan shall provide for the deferment, in whole

15  or in part, of a regular assessment of a member insurer under

16  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II),

17  but not for an emergency assessment collected from

18  policyholders under sub-sub-subparagraph 2.d.(III), if, in the

19  opinion of the commissioner, payment of such regular

20  assessment would endanger or impair the solvency of the member

21  insurer. In the event a regular assessment against a member

22  insurer is deferred in whole or in part, the amount by which

23  such assessment is deferred may be assessed against the other

24  member insurers in a manner consistent with the basis for

25  assessments set forth in sub-sub-subparagraph 2.d.(I) or

26  sub-sub-subparagraph 2.d.(II).

27         5.a.  The plan of operation may include deductibles and

28  rules for classification of risks and rate modifications

29  consistent with the objective of providing and maintaining

30  funds sufficient to pay catastrophe losses.

31


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  1         b.  The association may require arbitration of a rate

  2  filing under s. 627.062(6). It is the intent of the

  3  Legislature that the rates for coverage provided by the

  4  association be actuarially sound and not competitive with

  5  approved rates charged in the admitted voluntary market such

  6  that the association functions as a residual market mechanism

  7  to provide insurance only when the insurance cannot be

  8  procured in the voluntary market.  The plan of operation shall

  9  provide a mechanism to assure that, beginning no later than

10  January 1, 1999, the rates charged by the association for each

11  line of business are reflective of approved rates in the

12  voluntary market for hurricane coverage for each line of

13  business in the various areas eligible for association

14  coverage.

15         c.  The association shall provide for windstorm

16  coverage on residential properties in limits up to $10 million

17  for commercial lines residential risks and up to $1 million

18  for personal lines residential risks. If coverage with the

19  association is sought for a residential risk valued in excess

20  of these limits, coverage shall be available to the risk up to

21  the replacement cost or actual cash value of the property, at

22  the option of the insured, if coverage for the risk cannot be

23  located in the authorized market. The association must accept

24  a commercial lines residential risk with limits above $10

25  million or a personal lines residential risk with limits above

26  $1 million if coverage is not available in the authorized

27  market.  The association may write coverage above the limits

28  specified in this subparagraph with or without facultative or

29  other reinsurance coverage, as the association determines

30  appropriate.

31


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  1         d.  The plan of operation must provide objective

  2  criteria and procedures, approved by the department, to be

  3  uniformly applied for all applicants in determining whether an

  4  individual risk is so hazardous as to be uninsurable. In

  5  making this determination and in establishing the criteria and

  6  procedures, the following shall be considered:

  7         (I)  Whether the likelihood of a loss for the

  8  individual risk is substantially higher than for other risks

  9  of the same class; and

10         (II)  Whether the uncertainty associated with the

11  individual risk is such that an appropriate premium cannot be

12  determined.

13

14  The acceptance or rejection of a risk by the association

15  pursuant to such criteria and procedures must be construed as

16  the private placement of insurance, and the provisions of

17  chapter 120 do not apply.

18         e.  The policies issued by the association must provide

19  that if the association obtains an offer from an authorized

20  insurer to cover the risk at its approved rates under either a

21  standard policy including wind coverage or, if consistent with

22  the insurer's underwriting rules as filed with the department,

23  a basic policy including wind coverage, the risk is no longer

24  eligible for coverage through the association. Upon

25  termination of eligibility, the association shall provide

26  written notice to the policyholder and agent of record stating

27  that the association policy must be canceled as of 60 days

28  after the date of the notice because of the offer of coverage

29  from an authorized insurer. Other provisions of the insurance

30  code relating to cancellation and notice of cancellation do

31  not apply to actions under this sub-subparagraph.


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  1         f.  Association policies and applications must include

  2  a notice that the association policy could, under this

  3  section, be replaced with a policy issued by an authorized

  4  insurer that does not provide coverage identical to the

  5  coverage provided by the association. The notice shall also

  6  specify that acceptance of association coverage creates a

  7  conclusive presumption that the applicant or policyholder is

  8  aware of this potential.

  9         6.a.  The plan of operation may authorize the formation

10  of a private nonprofit corporation, a private nonprofit

11  unincorporated association, a partnership, a trust, a limited

12  liability company, or a nonprofit mutual company which may be

13  empowered, among other things, to borrow money by issuing

14  bonds or by incurring other indebtedness and to accumulate

15  reserves or funds to be used for the payment of insured

16  catastrophe losses. The plan may authorize all actions

17  necessary to facilitate the issuance of bonds, including the

18  pledging of assessments or other revenues.

19         b.  Any entity created under this subsection, or any

20  entity formed for the purposes of this subsection, may sue and

21  be sued, may borrow money; issue bonds, notes, or debt

22  instruments; pledge or sell assessments, market equalization

23  surcharges and other surcharges, rights, premiums, contractual

24  rights, projected recoveries from the Florida Hurricane

25  Catastrophe Fund, other reinsurance recoverables, and other

26  assets as security for such bonds, notes, or debt instruments;

27  enter into any contracts or agreements necessary or proper to

28  accomplish such borrowings; and take other actions necessary

29  to carry out the purposes of this subsection. The association

30  may issue bonds or incur other indebtedness, or have bonds

31  issued on its behalf by a unit of local government pursuant to


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                                         HB 4765, Second Engrossed



  1  subparagraph (g)2., in the absence of a hurricane or other

  2  weather-related event, upon a determination by the association

  3  subject to approval by the department that such action would

  4  enable it to efficiently meet the financial obligations of the

  5  association and that such financings are reasonably necessary

  6  to effectuate the requirements of this subsection. Any such

  7  entity may accumulate reserves and retain surpluses as of the

  8  end of any association year to provide for the payment of

  9  losses incurred by the association during that year or any

10  future year. The association shall incorporate and continue

11  the plan of operation and articles of agreement in effect on

12  the effective date of chapter 76-96, Laws of Florida, to the

13  extent that it is not inconsistent with chapter 76-96, and as

14  subsequently modified consistent with chapter 76-96. The board

15  of directors and officers currently serving shall continue to

16  serve until their successors are duly qualified as provided

17  under the plan. The assets and obligations of the plan in

18  effect immediately prior to the effective date of chapter

19  76-96 shall be construed to be the assets and obligations of

20  the successor plan created herein.

21         c.  In recognition of s. 10, Art. I of the State

22  Constitution, prohibiting the impairment of obligations of

23  contracts, it is the intent of the Legislature that no action

24  be taken whose purpose is to impair any bond indenture or

25  financing agreement or any revenue source committed by

26  contract to such bond or other indebtedness issued or incurred

27  by the association or any other entity created under this

28  subsection.

29         7.  On such coverage, an agent's remuneration shall be

30  that amount of money payable to the agent by the terms of his

31  or her contract with the company with which the business is


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                                         HB 4765, Second Engrossed



  1  placed. However, no commission will be paid on that portion of

  2  the premium which is in excess of the standard premium of that

  3  company.

  4         8.  Subject to approval by the department, the

  5  association may establish different eligibility requirements

  6  and operational procedures for any line or type of coverage

  7  for any specified eligible area or portion of an eligible area

  8  if the board determines that such changes to the eligibility

  9  requirements and operational procedures are justified due to

10  the voluntary market being sufficiently stable and competitive

11  in such area or for such line or type of coverage and that

12  consumers who, in good faith, are unable to obtain insurance

13  through the voluntary market through ordinary methods would

14  continue to have access to coverage from the association. When

15  coverage is sought in connection with a real property

16  transfer, such requirements and procedures shall not provide

17  for an effective date of coverage later than the date of the

18  closing of the transfer as established by the transferor, the

19  transferee, and, if applicable, the lender.

20         9.  Notwithstanding any other provision of law:

21         a.  The pledge or sale of, the lien upon, and the

22  security interest in any rights, revenues, or other assets of

23  the association created or purported to be created pursuant to

24  any financing documents to secure any bonds or other

25  indebtedness of the association shall be and remain valid and

26  enforceable, notwithstanding the commencement of and during

27  the continuation of, and after, any rehabilitation,

28  insolvency, liquidation, bankruptcy, receivership,

29  conservatorship, reorganization, or similar proceeding against

30  the association under the laws of this state or any other

31  applicable laws.


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  1         b.  No such proceeding shall relieve the association of

  2  its obligation, or otherwise affect its ability to perform its

  3  obligation, to continue to collect, or levy and collect,

  4  assessments, market equalization or other surcharges,

  5  projected recoveries from the Florida Hurricane Catastrophe

  6  Fund, reinsurance recoverables, or any other rights, revenues,

  7  or other assets of the association pledged.

  8         c.  Each such pledge or sale of, lien upon, and

  9  security interest in, including the priority of such pledge,

10  lien, or security interest, any such assessments, emergency

11  assessments, market equalization or renewal surcharges,

12  projected recoveries from the Florida Hurricane Catastrophe

13  Fund, reinsurance recoverables, or other rights, revenues, or

14  other assets which are collected, or levied and collected,

15  after the commencement of and during the pendency of or after

16  any such proceeding shall continue unaffected by such

17  proceeding.

18         d.  As used in this subsection, the term "financing

19  documents" means any agreement, instrument, or other document

20  now existing or hereafter created evidencing any bonds or

21  other indebtedness of the association or pursuant to which any

22  such bonds or other indebtedness has been or may be issued and

23  pursuant to which any rights, revenues, or other assets of the

24  association are pledged or sold to secure the repayment of

25  such bonds or indebtedness, together with the payment of

26  interest on such bonds or such indebtedness, or the payment of

27  any other obligation of the association related to such bonds

28  or indebtedness.

29         e.  Any such pledge or sale of assessments, revenues,

30  contract rights or other rights or assets of the association

31  shall constitute a lien and security interest, or sale, as the


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                                         HB 4765, Second Engrossed



  1  case may be, that is immediately effective and attaches to

  2  such assessments, revenues, contract, or other rights or

  3  assets, whether or not imposed or collected at the time the

  4  pledge or sale is made. Any such pledge or sale is effective,

  5  valid, binding, and enforceable against the association or

  6  other entity making such pledge or sale, and valid and binding

  7  against and superior to any competing claims or obligations

  8  owed to any other person or entity, including policyholders in

  9  this state, asserting rights in any such assessments,

10  revenues, contract, or other rights or assets to the extent

11  set forth in and in accordance with the terms of the pledge or

12  sale contained in the applicable financing documents, whether

13  or not any such person or entity has notice of such pledge or

14  sale and without the need for any physical delivery,

15  recordation, filing, or other action.

16         f.  There shall be no liability on the part of, and no

17  cause of action of any nature shall arise against, any member

18  insurer or its agents or employees, agents or employees of the

19  association, members of the board of directors of the

20  association, or the department or its representatives, for any

21  action taken by them in the performance of their duties or

22  responsibilities under this subsection. Such immunity does not

23  apply to actions for breach of any contract or agreement

24  pertaining to insurance, or any willful tort.

25         Section 80.  Effective January 1, 1999, subsections (8)

26  and (11) of section 320.771, Florida Statutes, are repealed.

27         Section 81.  Subsection (3) of section 322.1615,

28  Florida Statutes, is amended to read:

29         322.1615  Learner's driver's license.--

30         (3)  A person who holds a learner's driver's license

31  may operate a vehicle only during daytime daylight hours,


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                                         HB 4765, Second Engrossed



  1  except that the holder of a learner's driver's license may

  2  operate a vehicle during nighttime hours, but no later than 10

  3  p.m., between the hours of 7 p.m. and 10 p.m. 3 months after

  4  the issuance of the learner's driver's license.

  5         Section 82.  Section 331.304, Florida Statutes, is

  6  amended to read:

  7         331.304  Spaceport territory.--The following property

  8  shall constitute spaceport territory:

  9         (1)  Certain real property located in Brevard County

10  that is included within the 1997 boundaries of Patrick Air

11  Force Base, Cape Canaveral Air Station, John F. Kennedy Space

12  Center with the following boundaries:

13         (a)  Northern boundary--Latitude 28°32'30" North.

14         (b)  Eastern boundary--The mean high water line of the

15  shore along the Atlantic Ocean.

16         (c)  Western boundary--Cape Road (State Road 401).

17         (d)  Southern boundary--Latitude 28°26' North.

18         (2)  Certain real property located in Gulf County with

19  the following boundaries:

20         (a)  Northern boundary--Latitude 29°40'45" North from

21  longitude 85°20' West in a westerly direction to the mean high

22  water line of the Gulf of Mexico.

23         (b)  Eastern boundary--Longitude 85°20' West.

24         (c)  Western boundary--The mean high water line of the

25  shore along the Gulf of Mexico.

26         (d)  Southern boundary--The mean high water line of the

27  shore along the Gulf of Mexico.

28         (3)  Certain real property located in Santa Rosa,

29  Okaloosa, and Walton Counties that is included within the 1997

30  boundaries of Eglin Air Force Base.

31


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  1         Section 83.  Subsection (6) of section 322.28, Florida

  2  Statutes, is amended to read:

  3         322.28  Period of suspension or revocation.--

  4         (6)  No court shall stay the administrative suspension

  5  of a driving privilege under s. 322.2615 or s. 322.2616 shall

  6  be stayed upon a request for during judicial review of the

  7  departmental order that resulted in such suspension and,

  8  except as provided in former s. 322.261, no suspension or

  9  revocation of a driving privilege shall be stayed upon an

10  appeal of the conviction or order that resulted therein.

11         Section 84.  Section 332.003, Florida Statutes, is

12  amended to read:

13         332.003  Florida Airport Development and Assistance

14  Act; short title.--Sections 332.003-332.009 332.003-332.007

15  may be cited as the "Florida Airport Development and

16  Assistance Act."

17         Section 85.  Subsections (1) and (5) of section

18  332.004, Florida Statutes, are amended to read:

19         332.004  Definitions of terms used in ss.

20  332.003-332.007.--As used in ss. 332.003-332.007, the term:

21         (1)  "Airport" means any area of land or water, or any

22  manmade object or facility located therein, which is used, or

23  intended for public use, for the landing and takeoff of

24  aircraft, including reusable launch vehicles and other space

25  transportation systems, and any appurtenant areas which are

26  used, or intended for public use, for airport buildings or

27  other airport facilities or rights-of-way.

28         (5)  "Airport or aviation discretionary capacity

29  improvement projects" or "discretionary capacity improvement

30  projects" means capacity improvements which are consistent, to

31  the maximum extent feasible, with the approved local


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                                         HB 4765, Second Engrossed



  1  government comprehensive plans of the units of local

  2  government in which the airport is located, and which enhance

  3  intercontinental or space transportation capacity at airports

  4  which:

  5         (a)  Are international airports with United States

  6  Customs Service or a spaceport as defined in s. 331.303(19);

  7         (b)  Had one or more orbital flights or regularly

  8  scheduled intercontinental flights during the previous

  9  calendar year or have an agreement in writing for installation

10  of one or more orbital flights or regularly scheduled

11  intercontinental flights upon the commitment of funds for

12  stipulated airport capital improvements; and

13         (c)  Have available or planned public ground

14  transportation between the airport and other major

15  transportation facilities.

16         Section 86.  Paragraph (a) of subsection (7) of section

17  332.007, Florida Statutes, is amended to read:

18         332.007  Administration and financing of aviation and

19  airport programs and projects; state plan.--

20         (7)  Subject to the availability of appropriated funds

21  in addition to aviation fuel tax revenues, the department may

22  participate in the capital cost of eligible public airport and

23  aviation discretionary capacity improvement projects.  The

24  annual legislative budget request shall be based on the

25  funding required for discretionary capacity improvement

26  projects in the aviation and airport work program.

27         (a)  The department shall provide priority funding in

28  support of:

29         1.  Land acquisition which provides additional capacity

30  at the qualifying international airport or at that airport's

31  supplemental air carrier airport.


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                                         HB 4765, Second 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 87.  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 88.  Present subsections (15) through (30) of

18  section 334.044, Florida Statutes, are renumbered as

19  subsections (16) through (31), respectively, and a new

20  subsection (15) is added to that section, to read:

21         334.044  Department; powers and duties.--The department

22  shall have the following general powers and duties:

23         (15)  To regulate and prescribe conditions for the

24  transfer of stormwater to the state right-of-way as a result

25  of man-made changes to adjacent properties.

26         (a)  Such regulation shall be through a permitting

27  process designed to ensure the safety and integrity of the

28  Department of Transportation facilities and to prevent an

29  unreasonable burden on lower properties.

30         (b)  The department is specifically authorized to adopt

31  rules which set forth the purpose, necessary definitions,


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                                         HB 4765, Second Engrossed



  1  permit exceptions, permit and assurance requirements, permit

  2  application procedures, permit forms, general conditions for a

  3  drainage permit, provisions for suspension or revocation of a

  4  permit, and provisions for department recovery of fines,

  5  penalties and costs incurred due to permittee actions.  In

  6  order to avoid duplication and overlap with other units of

  7  government, the department shall accept a surface water

  8  management permit issued by a water management district, the

  9  Department of Environmental Protection, a surface water

10  management permit issued by a delegated local government or a

11  permit issued pursuant to an approved Stormwater Management

12  Plan or Master Drainage Plan; provided issuance is based on

13  requirements equal to or more stringent than those of the

14  department.

15         Section 89.  Subsection (15) of section 334.044,

16  Florida Statutes, as created by section 1 of Committee

17  Substitute for Senate Bill 846 as enacted by the Legislature

18  during 1998 Regular Session is repealed.

19         Section 90.  Subsection (1) of section 334.0445,

20  Florida Statutes, is amended to read:

21         334.0445  Model career service classification and

22  compensation plan.--

23         (1)  Effective July 1, 1994, the Legislature grants to

24  the Department of Transportation in consultation with the

25  Department of Management Services, the Executive Office of the

26  Governor, legislative appropriations committees, legislative

27  personnel committees, and the affected certified bargaining

28  unions, the authority on a pilot basis to develop and

29  implement a model career service classification and

30  compensation system. Such system shall be developed for use by

31  all state agencies. Authorization for this program will end


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                                         HB 4765, Second Engrossed



  1  June 30, 2000 be for 3 fiscal years beginning July 1, 1994,

  2  and ending June 30, 1997; however, the department may elect or

  3  be directed by the Legislature to return to the current system

  4  at anytime during this period if the model system does not

  5  meet the stated goals and objectives.

  6         Section 91.  Subsection (1) of section 335.0415,

  7  Florida Statutes, is amended to read:

  8         335.0415  Public road jurisdiction and transfer

  9  process.--

10         (1)  The jurisdiction of public roads and the

11  responsibility for operation and maintenance within the

12  right-of-way of any road within the state, county, and

13  municipal road system shall be that which existed on June 10,

14  1995 exists on July 1, 1995.

15         Section 92.  Section 335.165, Florida Statutes, is

16  repealed.

17         Section 93.  Paragraph (a) of subsection (8) of section

18  337.11, Florida Statutes, is amended to read:

19         337.11  Contracting authority of department; bids;

20  emergency repairs, supplemental agreements, and change orders;

21  combined design and construction contracts; progress payments;

22  records; requirements of vehicle registration.--

23         (8)(a)  The department shall permit the use of written

24  supplemental agreements and written change orders to any

25  contract entered into by the department. Any supplemental

26  agreement shall be reduced to written contract form, approved

27  by the contractor's surety, and executed by the contractor and

28  the department. Any supplemental agreement modifying any item

29  in the original contract must be approved by the head of the

30  department, or his or her designee, and executed by the

31  appropriate person designated by him or her.


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                                         HB 4765, Second Engrossed



  1         Section 94.  Section 337.185, Florida Statutes, is

  2  amended to read:

  3         337.185  State Arbitration Board.--

  4         (1)  To facilitate the prompt settlement of claims for

  5  additional compensation arising out of construction contracts

  6  between the department and the various contractors with whom

  7  it transacts business, the Legislature does hereby establish

  8  the State Arbitration Board, referred to in this section as

  9  the "board." For the purpose of this section, "claim" shall

10  mean the aggregate of all outstanding claims by a party

11  arising out of a construction contract.  Every contractual

12  claim in an amount up to $250,000 $100,000 per contract or, at

13  the claimant's option, up to $500,000 $250,000 per contract

14  that cannot be resolved by negotiation between the department

15  and the contractor shall be arbitrated by the board after

16  acceptance of the project by the department.  As an exception,

17  either party to the dispute may request that the claim be

18  submitted to binding private arbitration.  A court of law may

19  not consider the settlement of such a claim until the process

20  established by this section has been exhausted.

21         (2)  The board shall be composed of three members.  One

22  member shall be appointed by the head of the department, and

23  one member shall be elected by those construction companies

24  who are under contract with the department.  The third member

25  shall be chosen by agreement of the other two members.

26  Whenever the third member has a conflict of interest regarding

27  affiliation with one of the parties, the other two members

28  shall select an alternate member for that hearing. The head of

29  the department may select an alternative or substitute to

30  serve as the department member for any hearing or term. Each

31  member shall serve a 2-year term. The board shall elect a


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                                         HB 4765, Second Engrossed



  1  chair, each term, who shall be the administrator of the board

  2  and custodian of its records.

  3         (3)  A hearing may be requested by the department or by

  4  a contractor who has a dispute with the department which,

  5  under the rules of the board, may be the subject of

  6  arbitration.  The board shall conduct the hearing within 45

  7  days of the request.  The party requesting the board's

  8  consideration shall give notice of the hearing to each member.

  9  If the board finds that a third party is necessary to resolve

10  the dispute, the board may vote to dismiss the claim, which

11  may thereafter be pursued in accordance with the laws of the

12  State of Florida a court of law.

13         (4)  All members shall be necessary to conduct a

14  meeting. Upon being called into session, the board shall

15  promptly proceed to a determination of the issue or issues in

16  dispute.

17         (5)  When a valid contract is in effect defining the

18  rights, duties, and liabilities of the parties with respect to

19  any matter in dispute, the board shall have power only to

20  determine the proper interpretation and application of the

21  contract provisions which are involved.  Any investigation

22  made by less than the whole membership of the board shall be

23  by authority of a written directive by the chair, and such

24  investigation shall be summarized in writing and considered by

25  the board as part of the record of its proceedings.

26         (6)  The board shall hand down its order within 60 days

27  after it is called into session.  If all three members of the

28  board do not agree, the order of the majority will constitute

29  the order of the board.

30         (7)  The members member of the board elected by

31  construction companies and the third member of the board may


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                                         HB 4765, Second Engrossed



  1  receive compensation for the performance of their duties

  2  hereunder, from administrative fees received by the board,

  3  except that no employee of the department may receive

  4  compensation from the board. The compensation amount shall be

  5  determined by the board, but shall not exceed $125 per hour,

  6  up to a maximum of $1,000 $750 per day for each member

  7  authorized to receive compensation.  Nothing in this section

  8  shall prevent the member elected by construction companies

  9  from being an employee of an association affiliated with the

10  industry, even if the sole responsibility of that member is

11  service on the board. Travel expenses for the industry member

12  may be paid by an industry association, if necessary. The

13  board may allocate funds annually for clerical and other

14  administrative services.

15         (8)  The party requesting arbitration shall pay a fee

16  to the board in accordance with a schedule established by it,

17  not to exceed $500 per claim which is $25,000 or less, not to

18  exceed $1,000 per claim which is in excess of $25,000 but not

19  exceeding $50,000, not to exceed $1,500 per claim which is in

20  excess of $50,000 but not exceeding $100,000, not to exceed

21  $2,000 per claim which is in excess of $100,000 but not

22  exceeding $200,000, and not to exceed $3,000 $2,500 per claim

23  which is in excess of $200,000 but not exceeding $300,000

24  $250,000, not to exceed $4,000 per claim which is in excess of

25  $300,000 but not exceeding $400,000, and not to exceed $5,000

26  per claim which is in excess of $400,000 but not exceeding

27  $500,000, to cover the cost of administration and compensation

28  of the board.

29         (9)  The board in its order may apportion the fee set

30  out in subsection (8), and the cost of recording and preparing

31


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                                         HB 4765, Second Engrossed



  1  a transcript of the hearing, among the parties in accordance

  2  with the board's finding of liability.

  3         Section 95.  Subsection (1) of section 337.19, Florida

  4  Statutes, is amended to read:

  5         337.19  Suits by and against department; limitation of

  6  actions; forum.--

  7         (1)  Suits at law and in equity may be brought and

  8  maintained by and against the department on any contract claim

  9  arising from the breach of an express provision or an implied

10  covenant of a written agreement or a written directive issued

11  by the department pursuant to the written agreement. In any

12  such suit, the department and the contractor shall have all of

13  the same rights, obligations, remedies, and defenses as a

14  private person under a like contract, except that no liability

15  may be based on an oral modification of the written contract

16  or written directive. However, this section shall not be

17  construed to in any way prohibit the department from limiting

18  its liability or damages through provisions in its contracts.

19  Notwithstanding anything to the contrary contained herein, no

20  employee or agent of the department may be held personally

21  liable to an extent greater than that under s. 768.28 under

22  contract for work done; provided, that no suit sounding in

23  tort shall be maintained against the department.

24         Section 96.  Subsection (1) of section 337.403, Florida

25  Statutes, is amended to read:

26         337.403  Relocation of utility; expenses.--

27         (1)  Any utility heretofore or hereafter placed upon,

28  under, over, or along any public road or publicly owned rail

29  corridor that is found by the authority to be unreasonably

30  interfering in any way with the convenient, safe, or

31  continuous use, or the maintenance, improvement, extension, or


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                                         HB 4765, Second Engrossed



  1  expansion, of such public road or publicly owned rail corridor

  2  shall, upon 30 days' written notice to the utility or its

  3  agent by the authority, be removed or relocated by such

  4  utility at its own expense except as provided in paragraphs

  5  (a), and (b), and (c).

  6         (a)  If the relocation of utility facilities, as

  7  referred to in s. 111 of the Federal-Aid Highway Act of 1956,

  8  Pub. L. No. 627 of the 84th Congress, is necessitated by the

  9  construction of a project on the federal-aid interstate

10  system, including extensions thereof within urban areas, and

11  the cost of such project is eligible and approved for

12  reimbursement by the Federal Government to the extent of 90

13  percent or more under the Federal Aid Highway Act, or any

14  amendment thereof, then in that event the utility owning or

15  operating such facilities shall relocate such facilities upon

16  order of the department, and the state shall pay the entire

17  expense properly attributable to such relocation after

18  deducting therefrom any increase in the value of the new

19  facility and any salvage value derived from the old facility.

20         (b)  When a joint agreement between the department and

21  the utility is executed for utility improvement, relocation,

22  or removal work to be accomplished as part of a contract for

23  construction of a transportation facility, the department may

24  participate in those utility improvement, relocation, or

25  removal costs that exceed the department's official estimate

26  of the cost of such work by more than 10 percent. The amount

27  of such participation shall be limited to the difference

28  between the official estimate of all the work in the joint

29  agreement plus 10 percent and the amount awarded for this work

30  in the construction contract for such work. The department may

31  not participate in any utility improvement, relocation, or


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                                         HB 4765, Second Engrossed



  1  removal costs that occur as a result of changes or additions

  2  during the course of the contract.

  3         (c)  When an agreement between the department and

  4  utility is executed for utility improvement, relocation, or

  5  removal work to be accomplished in advance of a contract for

  6  construction of a transportation facility, the department may

  7  participate in the cost of clearing and grubbing necessary to

  8  perform such work.

  9         Section 97.  Section 338.229, Florida Statutes, is

10  amended to read:

11         338.229  Pledge to bondholders not to restrict certain

12  rights of department.--The state does pledge to, and agree

13  with, the holders of the bonds issued pursuant to ss.

14  338.22-338.241 338.22-338.244 that the state will not limit or

15  restrict the rights vested in the department to construct,

16  reconstruct, maintain, and operate any turnpike project as

17  defined in ss. 338.22-338.241 338.22-338.244 or to establish

18  and collect such tolls or other charges as may be convenient

19  or necessary to produce sufficient revenues to meet the

20  expenses of maintenance and operation of the turnpike system

21  and to fulfill the terms of any agreements made with the

22  holders of bonds authorized by this act and that the state

23  will not in any way impair the rights or remedies of the

24  holders of such bonds until the bonds, together with interest

25  on the bonds, are fully paid and discharged. In implementing

26  this section, the department is specifically authorized to

27  provide for further restrictions on the sale, transfer, lease,

28  or other disposition or operation of any portion of the

29  turnpike system, which reduces the revenue available for

30  payment to bondholders.

31


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                                         HB 4765, Second Engrossed



  1         Section 98.  Subsections (3) and (23) of section

  2  479.01, Florida Statutes, are amended to read:

  3         479.01  Definitions.--As used in this chapter, the

  4  term:

  5         (3)  "Commercial or industrial zone" means a parcel of

  6  land an area within 660 feet of the nearest edge of the

  7  right-of-way of the interstate or federal-aid primary system

  8  designated predominately for commercial or industrial use

  9  under both the future land use map of the comprehensive plan

10  and the land use development regulations adopted pursuant to

11  chapter 163. Where a parcel is located in an area designated

12  for multiple uses on the future land use map of the

13  comprehensive plan, and the land development regulations do

14  not clearly designate the parcel for a specific use, the area

15  will be considered an unzoned commercial or industrial area if

16  it meets the criteria of subsection (23) Where a local

17  governmental entity has not enacted a comprehensive plan by

18  local ordinance but has zoning regulations governing the area,

19  the zoning of an area shall determine whether the area is

20  designated predominately for commercial or industrial uses.

21         (23)(a)  "Unzoned commercial or industrial area" means

22  a parcel of land designated by the an area within 660 feet of

23  the nearest edge of the right-of-way of the interstate or

24  federal-aid primary system where the land use is not covered

25  by a future land use map of the comprehensive plan for

26  multiple uses, including commercial or industrial uses, but

27  not specifically designated for commerical or industrial uses

28  under the land development regulations or zoning regulation

29  pursuant to subsection (2), in which there are located three

30  or more separate and distinct conforming industrial or

31  commercial activities such that:


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                                         HB 4765, Second 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, Second Engrossed



  1         Section 99.  Paragraph (b) of subsection (8) of section

  2  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, Second 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 100.  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, Second Engrossed



  1  department that implementation will adversely affect the

  2  allocation of federal funds to the department.

  3         Section 101.  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 102.  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, Second 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 103.  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, Second 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, Second 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, Second 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 104.  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, Second Engrossed



  1  any travel trailer, camping trailer, truck camper, or

  2  fifth-wheel recreation trailer.

  3         Section 105.  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 106.  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, Second 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, Second 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, Second 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 107.    Funds included in appropriation Item

30  1916C of Chapter 94-357, Laws of Florida, may be used to

31


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                                         HB 4765, Second Engrossed



  1  purchase land at the Florida Highway Patrol station in Cross

  2  City, Dixie County.

  3         Section 108.  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 109.  Except as otherwise provided herein, this

15  act shall take effect upon becoming a law.

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