Senate Bill sb1414c1
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Florida Senate - 2004 CS for SB 1414
By the Committee on Regulated Industries; and Senator Diaz de
la Portilla
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1 A bill to be entitled
2 An act relating to mobile and manufactured
3 homes; amending s. 319.261, F.S.; deleting a
4 requirement that the manufacturer's certificate
5 of origin be recorded with the clerk of court
6 in order for the Department of Highway Safety
7 and Motor Vehicles to retire the title to a
8 mobile home; amending s. 320.822, F.S.;
9 defining the term "installation"; amending s.
10 320.823, F.S.; requiring that mobile and
11 manufactured homes sold in this state be
12 constructed to meet certain standards; amending
13 s. 320.8249, F.S.; revising penalties imposed
14 against mobile home installers who engage in
15 certain prohibited activities; prohibiting a
16 local government from requiring an installer to
17 obtain an additional bond or insurance;
18 requiring installers to maintain a location
19 log; creating s. 320.8251, F.S.; requiring a
20 person or entity that manufactures mobile home
21 installation components, products, or systems
22 to obtain a certificate of approval from the
23 Department of Highway Safety and Motor
24 Vehicles; providing requirements for
25 certification; authorizing the department to
26 revoke or suspend the certification under
27 certain circumstances; providing that products,
28 components, or systems currently used in the
29 installation of mobile homes need not be
30 certified until a certain date; amending s.
31 320.8285, F.S.; requiring each county or
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1 municipality to be responsible for the onsite
2 inspection of mobile home installation within
3 its jurisdiction; revising competency
4 requirements for performing onsite inspections;
5 providing requirements for a county or
6 municipality in issuing a permit for the
7 installation of a mobile home and issuing a
8 certificate of occupancy; amending s. 320.8325,
9 F.S.; deleting provisions requiring the use of
10 tie-downs and anchors; revising requirements of
11 the department with respect to rules setting
12 forth standards for the installation of mobile
13 homes, manufactured homes, and park trailers;
14 providing that owners are responsible for
15 installation pursuant to department rules;
16 amending s. 320.834, F.S.; providing
17 legislative intent that mobile homes be an
18 affordable housing resource in this state;
19 amending s. 320.835, F.S.; requiring installers
20 to warrant the installation of a new mobile
21 home from the date of receipt of a certificate
22 of occupancy for a certain period; authorizing
23 the department to adopt rules to resolve
24 disputes between mobile home manufacturers,
25 dealers, installers, or suppliers; amending s.
26 215.559, F.S.; extending the repeal date of the
27 Hurricane Loss Mitigation Program; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsections (2), (3), and (6) of section
2 319.261, Florida Statutes, are amended to read:
3 319.261 Real property transactions; retiring title to
4 mobile home.--
5 (2) The title to the mobile home may be retired by the
6 department if the owner of the real property records the
7 following documents in the official records of the clerk of
8 court in the county in which the real property is located:
9 (a) The original title to the mobile home, or for a
10 new home the manufacturers' certificate of origin, which
11 document shall include a description of the mobile home,
12 including model year, make, width, length, and vehicle
13 identification number, and a statement by any recorded
14 lienholder on the title that the security interest in the home
15 has been released, or that such security interest will be
16 released upon retirement of the title as set forth in this
17 section.
18 (b) The legal description of the real property, and in
19 the case of a leasehold interest, a copy of the lease
20 agreement.
21 (c) A sworn statement by the owner of the real
22 property, as shown on the real property deed or lease, that he
23 or she is the owner of the mobile home and that the home is
24 permanently affixed to the real property in accordance with
25 state law.
26 (3) The clerk of court, upon receipt of the documents
27 set forth in subsection (2), shall record said documents
28 against the real property and provide a copy of the recorded
29 title or manufacturers' certificate of origin to the owner of
30 the real property with a copy of all the documents recorded
31 pursuant to subsection (2).
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1 (6) The owner of the real property with a recorded and
2 retired title shall file an application with the department to
3 issue a new title to the mobile home, if the mobile home is to
4 be removed from the real property. The department shall issue
5 a new title upon receipt of an application from the owner of
6 the real property containing the following information:
7 (a) An affidavit signed by the owners of the land and
8 all secured parties and other lienholders consenting to the
9 removal of the home.
10 (b) A certification from a title insurance company
11 listing the owners and all secured parties and other
12 lienholders, which is dated within 10 days of after the date
13 of application for a new title under this subsection.
14 Section 2. Subsection (14) of section 320.822, Florida
15 Statutes, is amended to read:
16 320.822 Definitions; ss. 320.822-320.862.--In
17 construing ss. 320.822-320.862, unless the context otherwise
18 requires, the following words or phrases have the following
19 meanings:
20 (14) "Setup" or "installation" means the operations
21 performed at the occupancy site which render a mobile home or
22 park trailer fit for habitation. Such operations include, but
23 are not limited to, transporting;, positioning;, blocking;,
24 leveling, supporting, installing foundation products,
25 components, and systems; tying down, connecting utility
26 systems;, making minor adjustments;, or assembling multiple or
27 expandable units.
28 Section 3. Section 320.823, Florida Statutes, is
29 amended to read:
30 320.823 Establishment of uniform mobile home
31 standards.--Each new single-family or duplex mobile or
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1 manufactured home manufactured in this state or manufactured
2 outside this state but sold or offered for sale in this state
3 must be constructed to shall meet the Manufactured the Federal
4 Mobile Home Construction and Safety Standards, promulgated by
5 the Department of Housing and Urban Development, pursuant to
6 the Manufactured Housing Improvement Act. Each duplex mobile
7 home manufactured in this state or manufactured outside this
8 state but sold or offered for sale in this state shall be
9 constructed to meet the Federal Mobile Home Construction and
10 Safety Standards. Construction requirements shall include a
11 1-hour-fire-rated wall separating the two units. Such
12 standards must shall include, but need not be limited to,
13 standards for body and frame construction and the installation
14 of plumbing, HVAC heating, and electrical systems.
15 Section 4. Subsections (1), (9), (10), and (12) of
16 section 320.8249, Florida Statutes, are amended, present
17 subsections (14), (15), and (16) of that section are
18 redesignated as subsections (15), (16), and (17),
19 respectively, and a new subsection (14) is added to that
20 section, to read:
21 320.8249 Mobile home installers license.--
22 (1) Any person who installs a engages in mobile home
23 installation shall obtain a mobile home installers license
24 from the Bureau of Mobile Home and Recreational Vehicle
25 Construction of the Department of Highway Safety and Motor
26 Vehicles pursuant to this section. Said license shall be
27 renewed annually, and each licensee shall pay a fee of $150.
28 (9) A No licensed person or nor licensed applicant may
29 not shall:
30 (a) Obtain a mobile home installers license by fraud
31 or misrepresentation.
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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 law or rule relating to installing,
6 repairing, or dealing in mobile homes or any lawful order of
7 the department.
8 (d) Commit fraud or deceit in the practice of
9 contracting.
10 (e) Commit incompetence or misconduct in the practice
11 of contracting.
12 (f) Commit gross negligence, repeated negligence, or
13 negligence resulting in a significant danger to life or
14 property.
15 (g) Commit violations of the installation standards
16 for mobile homes or manufactured homes contained in rules
17 15C-1.0102 to 15C-1.0104, Florida Administrative Code.
18 (10) Any licensed person or license applicant who
19 violates subsection (7) or any provision of subsection (9) may
20 have any of the following disciplinary penalties imposed by
21 the department, at its discretion:
22 (a) License revocation;
23 (b) License suspension;
24 (c) A fine not to exceed $1,000 per violation
25 involving a single installation and not to exceed $5,000 for a
26 violation involving the total setup;
27 (d) A requirement to take and pass, or retake and
28 pass, the department-approved examination;
29 (e) Probation;
30 (f) Probation subject to such restriction of practice
31 as the department chooses to impose;
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1 (g) A notice of noncompliance; or
2 (h) Refusal of licensure application.
3 (12) A No county, municipality, or other unit of local
4 government may not require additional licensing, bonding, or
5 insurance of a duly licensed installer who performs setup
6 operations as defined in s. 320.822. However, a county,
7 municipality, or other unit of local government may require an
8 installer to obtain a local occupational license, which
9 license shall not require for its issuance any conditions
10 other than those required by this chapter act and payment of
11 the appropriate occupational license fee.
12 (14) Each installer shall maintain a location log for
13 each decal for 2 years. This requirement must not take effect
14 until the department develops an acceptable format for the log
15 and provides a sample of the acceptable format to each
16 licensed installer.
17 Section 5. Section 320.8251, Florida Statutes, is
18 created to read:
19 320.8251 Mobile home installation products; product
20 approval.--
21 (1) Each person or entity that engages in the
22 manufacture of mobile home installation components, products,
23 or systems must obtain a certification from the department
24 which affirms that such component, product, or system is
25 approved for use in the installation of mobile homes in this
26 state.
27 (2) The department shall certify for use in this state
28 any mobile home installation component, product, or system for
29 which a person or entity applies to the department and which
30 complies with subsection (3).
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1 (3) In order to obtain the certification set forth in
2 this section, a manufacturer must submit to the department a
3 report certifying that the mobile home installation component,
4 product, or system meets the mobile home installation
5 standards set forth in this section and in department rules.
6 The report must be signed and sealed by a professional
7 engineer registered in this state. In accordance with chapter
8 120, the department shall review the report and approve or
9 deny the certification of the installation component, product,
10 or system for use in the installation of mobile homes in this
11 state.
12 (4) The certification set forth in this subsection is
13 subject to suspension or revocation, and the person or entity
14 that obtained the certification is subject to a fine set by
15 department rules upon a finding by the department that the
16 person or entity has obtained the certification by
17 misrepresentation or fraud or that the product, component, or
18 system does not meet the mobile home installation standards
19 set forth in this chapter or in department rules.
20 (5) Any product, component, or system subject to this
21 section which is currently being used in the installation of
22 mobile homes in this state is not required to be certified in
23 accordance with this section until July 1, 2009.
24 Section 6. Section 320.8285, Florida Statutes, is
25 amended to read:
26 320.8285 Onsite inspection.--
27 (1) Each county or municipality in this state shall be
28 responsible for the prepare and adopt a plan providing for an
29 onsite inspection of each mobile home installation located
30 within the jurisdiction of such entity. The onsite inspection
31 shall ensure compliance with the department's uniform
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1 installation standards set forth in this chapter and in
2 department rules. state and local building codes, ordinances,
3 and regulations regarding such functions as blocking and
4 leveling, tie-downs, utility connections, conversions of
5 appliances, and external improvements on the mobile home. If a
6 mobile home is manufactured in conformity with the code, as
7 established in s. 320.823, a county may not require
8 modification of the mobile home in order to comply with local
9 tie-down regulations.
10 (2) When a county or municipality has not prepared and
11 adopted a plan providing for onsite inspection, the department
12 shall prepare a minimum onsite inspection plan for such
13 county. The department may promulgate reasonable rules and
14 regulations pursuant to chapter 120 in preparing and enforcing
15 such a minimum onsite inspection plan.
16 (2)(3) Each county or municipality may designate the
17 persons who are to perform the onsite inspection. If a county
18 or municipality does not so designate, the department shall
19 designate the persons who are to perform the onsite
20 inspection. A No person may not shall be designated to perform
21 onsite inspections unless that such person is competent in the
22 area areas of mobile home installation. blocking and leveling,
23 tie-downs, utility connections, conversions of appliances, and
24 external improvements. Pursuant to the onsite inspection, each
25 mobile home shall be issued a certificate of occupancy if the
26 mobile home complies with state and local building codes,
27 ordinances, and regulations regarding such functions as
28 blocking and leveling, tie-downs, utility connections,
29 conversion of appliances, and external improvements to the
30 mobile home.
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1 (3) The county or municipality issuing a permit for
2 the installation of a mobile home shall issue such permit only
3 to a licensed mobile home installer or to a licensed mobile
4 home dealer or manufactured home owner if the dealer or owner
5 demonstrates on the face of the application that a licensed
6 installer will be performing the actual work. In the case of
7 issuance to an owner, the permit must reflect the name and the
8 license number of the licensed installer performing the work.
9 (4) Pursuant to the onsite inspection, each mobile
10 home shall be issued a certificate of occupancy if the mobile
11 home complies with department rules regarding the installation
12 of mobile homes.
13 (5)(4) Fees for onsite inspections and certificates of
14 occupancy of mobile homes shall be reasonable for the services
15 performed. A guideline for fee schedules shall be issued by
16 the department.
17 (6)(5) The Department of Highway Safety and Motor
18 Vehicles shall enforce every provision of this section and the
19 rules regulations adopted pursuant hereto, except that local
20 land use and zoning requirements, fire zones, building setback
21 and side and rear yard requirements, site development and
22 property line requirements, subdivision control, and onsite
23 installation inspection requirements, as well as review and
24 regulation of architectural and aesthetic requirements, are
25 hereby specifically and entirely reserved to local
26 jurisdictions. However, any architectural or aesthetic
27 requirement imposed on the mobile home structure itself may
28 pertain only to roofing and siding materials. Such local
29 requirements and regulations and others for manufactured homes
30 must be reasonable, uniformly applied, and enforced without
31 distinctions as to whether such housing is manufactured,
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1 located in a mobile home park or a mobile home subdivision, or
2 built in a conventional manner. No local jurisdiction shall
3 prohibit siting or resiting of used mobile homes based solely
4 on the date the unit was manufactured.
5 (7)(6) Park trailers are subject to inspection in the
6 same manner as are mobile homes pursuant to this section.
7 Section 7. Section 320.8325, Florida Statutes, is
8 amended to read:
9 320.8325 Mobile homes, manufactured homes, and park
10 trailers; uniform tie-down requirements; minimum installation
11 standards; injunctions; penalty.--
12 (1) The owner of a mobile home or park trailer shall
13 secure the mobile home or park trailer to the ground by the
14 use of anchors and tie-downs so as to resist wind overturning
15 and sliding. However, nothing herein shall be construed as
16 requiring that anchors and tie-downs be installed to secure
17 mobile homes or park trailers which are permanently attached
18 to a permanent structure. A permanent structure shall have a
19 foundation and such other structural elements as are required
20 pursuant to rules and regulations promulgated by the
21 department which assure the rigidity and stability of the
22 mobile home or park trailer.
23 (a) A mobile home or park trailer manufactured in
24 accordance with the code standards and labeled "hurricane and
25 windstorm resistive" shall be anchored to each anchor point
26 provided on the mobile home or park trailer. A mobile home or
27 park trailer which does not meet these standards must be
28 anchored with anchor points spaced as required by the
29 department starting at each end of the mobile home or park
30 trailer.
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1 (b) In addition, each mobile home or park trailer
2 shall be tied down by one of the following means:
3 1. A mobile home or park trailer having built-in,
4 over-the-roof ties shall be secured by the tie-down points,
5 provided such built-in ties and points meet the standards
6 promulgated by the department.
7 2. A mobile home or park trailer not having built-in,
8 over-the-roof ties and tie-down points which meet department
9 standards shall be secured in accordance with standards
10 promulgated by the department.
11 (1)(2) The department shall adopt promulgate rules and
12 regulations setting forth uniform standards for the
13 installation of mobile homes, manufactured homes, and park
14 trailers and for the manufacture of components, products, or
15 systems used in the installation of mobile homes, manufactured
16 homes, and park trailers. The rules shall ensure that the home
17 or park trailer is installed on a permanent foundation that
18 resists wind, flood, flotation, overturning, sliding, and
19 lateral movement of the home or park trailer. manufacture or
20 installation of anchors, tie-downs, over-the-roof ties, or
21 other reliable methods of securing mobile homes or park
22 trailers when over-the-roof ties are not suitable due to
23 factors such as unreasonable cost, design of the mobile home
24 or park trailer, or potential damage to the mobile home or
25 park trailer. No entity, other than the department, has
26 authority to amend these uniform standards. The owner of the
27 mobile home, manufactured home, or park trailer shall be
28 responsible for the installation in accordance with department
29 rules. Such devices required under this section, when properly
30 installed, shall cause the mobile home or park trailer to
31 resist wind overturning and sliding. In promulgating such
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1 rules and regulations, the department may make such
2 discriminations regarding mobile home or park trailer tie-down
3 requirements as are reasonable when factors such as age,
4 location, and practicality of tying down a mobile home or park
5 trailer are considered.
6 (2)(3)(a) Persons licensed in this state to engage in
7 the business of insuring mobile homes, manufactured homes, or
8 park trailers that are subject to the provisions of this
9 section against damage from windstorm shall issue such
10 insurance only if the mobile home, manufactured home, or park
11 trailer has been installed anchored and tied down in
12 accordance with the requirements provisions of this chapter
13 and department rules section.
14 (b) If In the event that a mobile home, manufactured
15 home, or park trailer is insured against damage caused by
16 windstorm and subsequently sustains windstorm damage of a
17 nature that indicates that the mobile home, manufactured home,
18 or park trailer was not installed anchored or tied down in the
19 manner required by this chapter and department rules section,
20 the person issuing the policy shall not be relieved from
21 meeting the obligations specified in the insurance policy with
22 respect to such damage on the basis that the mobile home or
23 park trailer was not properly installed anchored or tied down.
24 (3)(4) Whenever a person or entity that who engages in
25 the business of manufactured housing installation or
26 installing anchors, tie-downs, or over-the-roof ties or who
27 engages in the business of manufacturing components, products,
28 or systems, distributing, or dealing in such devices for use
29 in this state and does so in a manner that is not in
30 accordance with the uniform minimum standards set forth by the
31 department, a person or entity aggrieved thereby may bring an
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1 action in the appropriate court for actual damages. In
2 addition, the court may provide appropriate equitable relief,
3 including the enjoining of a violator from engaging in the
4 business or from engaging in further violations. Whenever it
5 is established to the satisfaction of the court that a willful
6 violation has occurred, the court shall award punitive damages
7 to the aggrieved party. The losing party may be liable for
8 court costs and reasonable attorney's fees incurred by the
9 prevailing party.
10 (4)(5) In addition to other penalties provided in this
11 section, the department or the state attorneys and their
12 assistants are authorized to apply to the circuit courts
13 within their respective jurisdictions, and such courts shall
14 have jurisdiction, upon hearing and for cause shown, to grant
15 temporary or permanent injunctions restraining any person or
16 entity persons engaging in the business of manufactured
17 housing installation or the manufacturing of components,
18 products, or systems manufacturing, distributing, or dealing
19 in anchors, tie-downs, or over-the-roof ties from installing
20 homes or manufacturing or selling such components, products,
21 or systems devices in a manner not in accordance with the
22 uniform minimum standards set forth by the department or
23 restraining any persons in the business of installing such
24 components, products, or systems anchors, tie-downs, or
25 over-the-roof ties from using utilizing devices that do not
26 meet the uniform minimum standards set forth by the department
27 or from installing such components, products, or systems
28 devices in a manner not in accordance with the uniform minimum
29 standards set forth by the department, whether or not there
30 exists an adequate remedy at law, and such injunctions shall
31 issue without bond.
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1 (5)(6) This section only applies only to a mobile
2 home, manufactured home, or park trailer that is being used as
3 a dwelling place and that is located on a particular location
4 for a period of time exceeding 14 days, for a mobile or
5 manufactured home, or 45 days, for a park trailer.
6 (6)(7) For the purposes of this section, the
7 definitions set forth in s. 320.822 apply.
8 Section 8. Section 320.834, Florida Statutes, is
9 amended to read:
10 320.834 Purpose.--It is the intent of the Legislature
11 to ensure the safety and welfare of residents of mobile homes
12 through an inspection program conducted by the Department of
13 Highway Safety and Motor Vehicles. Mobile homes are a primary
14 affordable housing resource of many of the residents of the
15 state and satisfy a large segment of statewide housing needs.
16 It is the further intent of the Legislature that the
17 department, mobile home dealers, and mobile home manufacturers
18 continue to work together to meet the applicable code
19 requirements for mobile homes and that such dealers and
20 manufacturers share the responsibilities of warranting mobile
21 homes in accordance with applicable codes and resolving
22 legitimate consumer complaints in a timely, efficient manner.
23 Section 9. Section 320.835, Florida Statutes, is
24 amended to read:
25 320.835 Mobile home and recreational vehicle
26 warranties.--Each manufacturer, dealer, installer, and
27 supplier of mobile homes or recreational vehicles shall
28 warrant each new mobile home or recreational vehicle sold in
29 this state and the setup of each such mobile home, in
30 accordance with the warranty requirements prescribed by this
31 section, for a period of at least 12 months, measured from the
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1 date of delivery of the mobile home to the buyer or the date
2 of sale of the recreational vehicle in the case of a
3 manufacturer or dealer, or from the date of receipt of a
4 certificate of occupancy in the case of an installer. The
5 warranty requirements of each manufacturer, dealer, installer,
6 and supplier of mobile homes or recreational vehicles are as
7 follows:
8 (1) The manufacturer warrants:
9 (a) For a mobile home or recreational vehicle, that
10 all structural elements; plumbing systems; heating, cooling,
11 and fuel-burning systems; electrical systems; fire prevention
12 systems; and any other components or conditions included by
13 the manufacturer are free from substantial defect.
14 (b) That 100-ampere electrical service exists in the
15 mobile home.
16 (2) The dealer warrants:
17 (a) That any modifications or alterations made to the
18 mobile home or recreational vehicle by the dealer or
19 authorized by the dealer shall be free from substantial
20 defect. Alterations or modifications made by a dealer shall
21 relieve the manufacturer of warranty responsibility only as to
22 the item altered or modified.
23 (b) That setup operations performed on the mobile home
24 are performed in compliance with s. 320.8325.
25 (c) That substantial defects do not occur to the
26 mobile home during setup or by transporting it to the
27 occupancy site.
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29 When the setup of a mobile home is performed by a person who
30 is not an employee or agent of the mobile home manufacturer or
31 dealer and is not compensated or authorized by, or connected
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1 with, such manufacturer or dealer, then the warranty
2 responsibility of the manufacturer or dealer as to setup shall
3 be limited to transporting the mobile home to the occupancy
4 site free from substantial defect.
5 (3) The installer warrants that the setup operations
6 performed on the mobile home are performed in compliance with
7 s. 320.8325 and department rules governing the installation.
8 (4)(3) The supplier warrants that any warranties
9 generally offered in the ordinary sale of his or her product
10 to consumers shall be extended to buyers of mobile homes and
11 recreational vehicles. When no warranty is extended by
12 suppliers, the manufacturer shall assume warranty
13 responsibility for that component.
14 (5) The department may adopt rules under chapter 120
15 to resolve disputes that may arise among the mobile home
16 manufacturer, dealer, installer, or supplier. Those rules must
17 comply with the dispute resolution process as set forth in the
18 federal Manufactured Housing Improvement Act.
19 Section 10. Subsection (8) of section 215.559, Florida
20 Statutes, is amended to read:
21 215.559 Hurricane Loss Mitigation Program.--
22 (8) This section is repealed June 30, 2011 2006.
23 Section 11. This act shall take effect upon becoming a
24 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1414
3
4 The committee substitute makes the following changes: in s.
320.8249(12), F.S., the term "act" is deleted and replaced
5 with the term "chapter," in s. 320.8249(14), F.S., the term
"will" is deleted and replaced with the term "must," in s.
6 320.8285(6), F.S., the term "and others" is deleted, and in s.
320.8325, F.S., the term "manufactured homes" is added to the
7 catch line. The committee substitute amends s. 215.559(8),
F.S., to extend the repeal date of the Hurricane Loss
8 Mitigation Program.
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