| 1 | A bill to be entitled |
| 2 | An act relating to mobile and manufactured homes; amending |
| 3 | s. 319.261, F.S.; deleting a requirement that the |
| 4 | manufacturer's certificate of origin be recorded with the |
| 5 | clerk of court in order for the Department of Highway |
| 6 | Safety and Motor Vehicles to retire the title to a mobile |
| 7 | home; amending s. 320.822, F.S.; defining the term |
| 8 | "installation"; amending s. 320.823, F.S.; requiring that |
| 9 | mobile and manufactured homes sold in this state be |
| 10 | constructed to meet certain standards; amending s. |
| 11 | 320.8249, F.S.; revising penalties imposed against mobile |
| 12 | home installers who engage in certain prohibited |
| 13 | activities; prohibiting a local government from requiring |
| 14 | an installer to obtain an additional bond or insurance; |
| 15 | requiring installers to maintain a location log; creating |
| 16 | s. 320.8251, F.S.; requiring a person or entity that |
| 17 | manufactures mobile home installation components, |
| 18 | products, or systems to obtain a certificate of approval |
| 19 | from the Department of Highway Safety and Motor Vehicles; |
| 20 | providing requirements for certification; authorizing the |
| 21 | department to suspend or revoke the certification under |
| 22 | certain circumstances; providing that products, |
| 23 | components, or systems currently used in the installation |
| 24 | of mobile homes need not be certified until a certain |
| 25 | date; amending s. 320.8285, F.S.; requiring each county or |
| 26 | municipality to be responsible for the onsite inspection |
| 27 | of mobile home installation within its jurisdiction; |
| 28 | revising competency requirements for performing onsite |
| 29 | inspections; providing requirements for a county or |
| 30 | municipality in issuing a permit for the installation of a |
| 31 | mobile home and issuing a certificate of occupancy; |
| 32 | amending s. 320.8325, F.S.; deleting provisions requiring |
| 33 | the use of tie-downs and anchors; revising requirements of |
| 34 | the department with respect to rules setting forth |
| 35 | standards for the installation of mobile homes, |
| 36 | manufactured homes, and park trailers; providing that |
| 37 | owners are responsible for installation pursuant to |
| 38 | department rules; amending s. 320.834, F.S.; providing |
| 39 | legislative intent that mobile homes be an affordable |
| 40 | housing resource in this state; amending s. 320.835, F.S.; |
| 41 | requiring installers to warrant the installation of a new |
| 42 | mobile home from the date of receipt of a certificate of |
| 43 | occupancy for a certain period; authorizing the department |
| 44 | to adopt rules to resolve disputes between mobile home |
| 45 | manufacturers, dealers, installers, or suppliers; amending |
| 46 | s. 215.559, F.S., relating to the Hurricane Loss |
| 47 | Mitigation Program, to extend the repeal date of said |
| 48 | section; providing an effective date. |
| 49 |
|
| 50 | Be It Enacted by the Legislature of the State of Florida: |
| 51 |
|
| 52 | Section 1. Subsections (2), (3), and (6) of section |
| 53 | 319.261, Florida Statutes, are amended to read: |
| 54 | 319.261 Real property transactions; retiring title to |
| 55 | mobile home.-- |
| 56 | (2) The title to the mobile home may be retired by the |
| 57 | department if the owner of the real property records the |
| 58 | following documents in the official records of the clerk of |
| 59 | court in the county in which the real property is located: |
| 60 | (a) The original title to the mobile home, or for a new |
| 61 | home the manufacturers' certificate of origin, which document |
| 62 | shall include a description of the mobile home, including model |
| 63 | year, make, width, length, and vehicle identification number, |
| 64 | and a statement by any recorded lienholder on the title that the |
| 65 | security interest in the home has been released, or that such |
| 66 | security interest will be released upon retirement of the title |
| 67 | as set forth in this section. |
| 68 | (b) The legal description of the real property, and in the |
| 69 | case of a leasehold interest, a copy of the lease agreement. |
| 70 | (c) A sworn statement by the owner of the real property, |
| 71 | as shown on the real property deed or lease, that he or she is |
| 72 | the owner of the mobile home and that the home is permanently |
| 73 | affixed to the real property in accordance with state law. |
| 74 | (3) The clerk of court, upon receipt of the documents set |
| 75 | forth in subsection (2), shall record said documents against the |
| 76 | real property and provide a copy of the recorded title or |
| 77 | manufacturers' certificate of origin to the owner of the real |
| 78 | property with a copy of all the documents recorded pursuant to |
| 79 | subsection (2). |
| 80 | (6) The owner of the real property with a recorded and |
| 81 | retired title shall file an application with the department to |
| 82 | issue a new title to the mobile home, if the mobile home is to |
| 83 | be removed from the real property. The department shall issue a |
| 84 | new title upon receipt of an application from the owner of the |
| 85 | real property containing the following information: |
| 86 | (a) An affidavit signed by the owners of the land and all |
| 87 | secured parties and other lienholders consenting to the removal |
| 88 | of the home. |
| 89 | (b) A certification from a title insurance company listing |
| 90 | the owners and all secured parties and other lienholders, which |
| 91 | is dated within 10 days of after the date of application for a |
| 92 | new title under this subsection. |
| 93 | Section 2. Subsection (14) of section 320.822, Florida |
| 94 | Statutes, is amended to read: |
| 95 | 320.822 Definitions; ss. 320.822-320.862.--In construing |
| 96 | ss. 320.822-320.862, unless the context otherwise requires, the |
| 97 | following words or phrases have the following meanings: |
| 98 | (14) "Setup" or "installation" means the operations |
| 99 | performed at the occupancy site which render a mobile home or |
| 100 | park trailer fit for habitation. Such operations include, but |
| 101 | are not limited to, transporting;, positioning;, blocking;, |
| 102 | leveling, supporting, and installing foundation products, |
| 103 | components, and systems; tying down, connecting utility |
| 104 | systems;, making minor adjustments;, or assembling multiple or |
| 105 | expandable units. |
| 106 | Section 3. Section 320.823, Florida Statutes, is amended |
| 107 | to read: |
| 108 | 320.823 Establishment of uniform mobile home |
| 109 | standards.--Each new single-family or duplex mobile or |
| 110 | Each new single-family or duplex mobile or manufactured home |
| 111 | manufactured in this state or manufactured outside this state |
| 112 | but sold or offered for sale in this state must be constructed |
| 113 | to shall meet the Manufactured Federal Mobile Home Construction |
| 114 | and Safety Standards, promulgated by the Department of Housing |
| 115 | and Urban Development, pursuant to the Manufactured Housing |
| 116 | Improvement Act. Each duplex mobile home manufactured in this |
| 117 | state or manufactured outside this state but sold or offered for |
| 118 | sale in this state shall be constructed to meet the Federal |
| 119 | Mobile Home Construction and Safety Standards. Construction |
| 120 | requirements shall include a 1-hour-fire-rated wall separating |
| 121 | the two units. Such standards must shall include, but need not |
| 122 | be limited to, standards for body and frame construction and the |
| 123 | installation of plumbing, HVAC heating, and electrical systems. |
| 124 | Section 4. Subsections (1), (9), (10), and (12) of section |
| 125 | 320.8249, Florida Statutes, are amended, present subsections |
| 126 | (14), (15), and (16) are renumbered as subsections (15), (16), |
| 127 | and (17), respectively, and a new subsection (14) is added to |
| 128 | said section, to read: |
| 129 | 320.8249 Mobile home installers license.-- |
| 130 | (1) Any person who installs a engages in mobile home |
| 131 | installation shall obtain a mobile home installers license from |
| 132 | the Bureau of Mobile Home and Recreational Vehicle Construction |
| 133 | of the Department of Highway Safety and Motor Vehicles pursuant |
| 134 | to this section. Said license shall be renewed annually, and |
| 135 | each licensee shall pay a fee of $150. |
| 136 | (9) A No licensed person or nor licensed applicant may not |
| 137 | shall: |
| 138 | (a) Obtain a mobile home installers license by fraud or |
| 139 | misrepresentation. |
| 140 | (b) Be convicted or found guilty of, or enter a plea of |
| 141 | nolo contendere to, regardless of adjudication, a crime in any |
| 142 | jurisdiction which directly relates to the practice of mobile |
| 143 | home installation or the ability to practice. |
| 144 | (c) Violate any law or rule relating to installing, |
| 145 | repairing, or dealing in mobile homes or any lawful order of the |
| 146 | department. |
| 147 | (d) Commit fraud or deceit in the practice of contracting. |
| 148 | (e) Commit incompetence or misconduct in the practice of |
| 149 | contracting. |
| 150 | (f) Commit gross negligence, repeated negligence, or |
| 151 | negligence resulting in a significant danger to life or |
| 152 | property. |
| 153 | (g) Commit violations of the installation standards for |
| 154 | mobile homes or manufactured homes contained in rules 15C-1.0102 |
| 155 | to 15C-1.0104, Florida Administrative Code. |
| 156 | (10) Any licensed person or license applicant who violates |
| 157 | subsection (7) or any provision of subsection (9) may have any |
| 158 | of the following disciplinary penalties imposed by the |
| 159 | department, at its discretion: |
| 160 | (a) License revocation; |
| 161 | (b) License suspension; |
| 162 | (c) A fine not to exceed $1,000 per violation involving a |
| 163 | single installation and not to exceed $5,000 for a violation |
| 164 | involving the total setup; |
| 165 | (d) A requirement to take and pass, or retake and pass, |
| 166 | the department-approved examination; |
| 167 | (e) Probation; |
| 168 | (f) Probation subject to such restriction of practice as |
| 169 | the department chooses to impose; |
| 170 | (g) A notice of noncompliance; or |
| 171 | (h) Refusal of licensure application. |
| 172 | (12) A No county, municipality, or other unit of local |
| 173 | government may not require additional licensing, bonding, or |
| 174 | insurance of a duly licensed installer who performs setup |
| 175 | operations as defined in s. 320.822. However, a county, |
| 176 | municipality, or other unit of local government may require an |
| 177 | installer to obtain a local occupational license, which license |
| 178 | shall not require for its issuance any conditions other than |
| 179 | those required by this chapter act and payment of the |
| 180 | appropriate occupational license fee. |
| 181 | (14) Each installer shall maintain a location log for each |
| 182 | decal for 2 years. This requirement shall not take effect until |
| 183 | the department develops an acceptable format for the log and |
| 184 | provides a sample of the acceptable format to each licensed |
| 185 | installer. |
| 186 | Section 5. Section 320.8251, Florida Statutes, is created |
| 187 | to read: |
| 188 | 320.8251 Mobile home installation products; product |
| 189 | approval.-- |
| 190 | (1) Each person or entity that engages in the manufacture |
| 191 | of mobile home installation components, products, or systems |
| 192 | must obtain a certification from the department which affirms |
| 193 | that such component, product, or system is approved for use in |
| 194 | the installation of mobile homes in this state. |
| 195 | (2) The department shall certify for use in this state any |
| 196 | mobile home installation component, product, or system for which |
| 197 | a person or entity applies to the department and which complies |
| 198 | with subsection (3). |
| 199 | (3) In order to obtain the certification set forth in this |
| 200 | section, a manufacturer must submit to the department a report |
| 201 | certifying that the mobile home installation component, product, |
| 202 | or system meets the mobile home installation standards set forth |
| 203 | in this section and in department rules. The report must be |
| 204 | signed and sealed by a professional engineer registered in this |
| 205 | state. In accordance with chapter 120, the department shall |
| 206 | review the report and approve or deny the certification of the |
| 207 | installation component, product, or system for use in the |
| 208 | installation of mobile homes in this state. |
| 209 | (4) The certification set forth in this subsection is |
| 210 | subject to suspension or revocation, and the person or entity |
| 211 | that obtained the certification is subject to a fine set by |
| 212 | department rules upon a finding by the department that the |
| 213 | person or entity has obtained the certification by |
| 214 | misrepresentation or fraud or that the product, component, or |
| 215 | system does not meet the mobile home installation standards set |
| 216 | forth in this chapter or in department rules. |
| 217 | (5) Any product, component, or system subject to this |
| 218 | section which is currently being used in the installation of |
| 219 | mobile homes in this state is not required to be certified in |
| 220 | accordance with this section until July 1, 2009. |
| 221 | Section 6. Section 320.8285, Florida Statutes, is amended |
| 222 | to read: |
| 223 | 320.8285 Onsite inspection.-- |
| 224 | (1) Each county or municipality in this state shall be |
| 225 | responsible for the prepare and adopt a plan providing for an |
| 226 | onsite inspection of each mobile home installation located |
| 227 | within the jurisdiction of such entity. The onsite inspection |
| 228 | shall ensure compliance with the department's uniform |
| 229 | installation standards set forth in this chapter and in |
| 230 | department rules. state and local building codes, ordinances, |
| 231 | and regulations regarding such functions as blocking and |
| 232 | leveling, tie-downs, utility connections, conversions of |
| 233 | appliances, and external improvements on the mobile home. If a |
| 234 | mobile home is manufactured in conformity with the code, as |
| 235 | established in s. 320.823, a county may not require modification |
| 236 | of the mobile home in order to comply with local tie-down |
| 237 | regulations. |
| 238 | (2) When a county or municipality has not prepared and |
| 239 | adopted a plan providing for onsite inspection, the department |
| 240 | shall prepare a minimum onsite inspection plan for such county. |
| 241 | The department may promulgate reasonable rules and regulations |
| 242 | pursuant to chapter 120 in preparing and enforcing such a |
| 243 | minimum onsite inspection plan. |
| 244 | (2)(3) Each county or municipality may designate the |
| 245 | persons who are to perform the onsite inspection. If a county or |
| 246 | municipality does not so designate, the department shall |
| 247 | designate the persons who are to perform the onsite inspection. |
| 248 | A No person may not shall be designated to perform onsite |
| 249 | inspections unless that such person is competent in the area |
| 250 | areas of mobile home installation. blocking and leveling, tie- |
| 251 | downs, utility connections, conversions of appliances, and |
| 252 | external improvements. Pursuant to the onsite inspection, each |
| 253 | mobile home shall be issued a certificate of occupancy if the |
| 254 | mobile home complies with state and local building codes, |
| 255 | ordinances, and regulations regarding such functions as blocking |
| 256 | and leveling, tie-downs, utility connections, conversion of |
| 257 | appliances, and external improvements to the mobile home. |
| 258 | (3) The county or municipality issuing a permit for the |
| 259 | installation of a mobile home shall issue such permit only to a |
| 260 | licensed mobile home installer or to a licensed mobile home |
| 261 | dealer or manufactured home owner if the dealer or owner |
| 262 | demonstrates on the face of the application that a licensed |
| 263 | installer will be performing the actual work. In the case of |
| 264 | issuance to an owner, the permit must reflect the name and the |
| 265 | license number of the licensed installer performing the work. |
| 266 | (4) Pursuant to the onsite inspection, each mobile home |
| 267 | shall be issued a certificate of occupancy if the mobile home |
| 268 | complies with department rules regarding the installation of |
| 269 | mobile homes. |
| 270 | (5)(4) Fees for onsite inspections and certificates of |
| 271 | occupancy of mobile homes shall be reasonable for the services |
| 272 | performed. A guideline for fee schedules shall be issued by the |
| 273 | department. |
| 274 | (6)(5) The Department of Highway Safety and Motor Vehicles |
| 275 | shall enforce every provision of this section and the rules |
| 276 | regulations adopted pursuant hereto, except that local land use |
| 277 | and zoning requirements, fire zones, building setback and side |
| 278 | and rear yard requirements, site development and property line |
| 279 | requirements, subdivision control, and onsite installation |
| 280 | inspection requirements, as well as review and regulation of |
| 281 | architectural and aesthetic requirements, are hereby |
| 282 | specifically and entirely reserved to local jurisdictions. |
| 283 | However, any architectural or aesthetic requirement imposed on |
| 284 | the mobile home structure itself may pertain only to roofing and |
| 285 | siding materials. Such local requirements and regulations and |
| 286 | others for manufactured homes must be reasonable, uniformly |
| 287 | applied, and enforced without distinctions as to whether such |
| 288 | housing is manufactured, located in a mobile home park or a |
| 289 | mobile home subdivision, or built in a conventional manner. No |
| 290 | local jurisdiction shall prohibit siting or resiting of used |
| 291 | mobile homes based solely on the date the unit was manufactured. |
| 292 | (7)(6) Park trailers are subject to inspection in the same |
| 293 | manner as are mobile homes pursuant to this section. |
| 294 | Section 7. Section 320.8325, Florida Statutes, is amended |
| 295 | to read: |
| 296 | 320.8325 Mobile homes, manufactured homes, and park |
| 297 | trailers; uniform tie-down requirements; minimum installation |
| 298 | standards; injunctions; penalty.-- |
| 299 | (1) The owner of a mobile home or park trailer shall |
| 300 | secure the mobile home or park trailer to the ground by the use |
| 301 | of anchors and tie-downs so as to resist wind overturning and |
| 302 | sliding. However, nothing herein shall be construed as requiring |
| 303 | that anchors and tie-downs be installed to secure mobile homes |
| 304 | or park trailers which are permanently attached to a permanent |
| 305 | structure. A permanent structure shall have a foundation and |
| 306 | such other structural elements as are required pursuant to rules |
| 307 | and regulations promulgated by the department which assure the |
| 308 | rigidity and stability of the mobile home or park trailer. |
| 309 | (a) A mobile home or park trailer manufactured in |
| 310 | accordance with the code standards and labeled "hurricane and |
| 311 | windstorm resistive" shall be anchored to each anchor point |
| 312 | provided on the mobile home or park trailer. A mobile home or |
| 313 | park trailer which does not meet these standards must be |
| 314 | anchored with anchor points spaced as required by the department |
| 315 | starting at each end of the mobile home or park trailer. |
| 316 | (b) In addition, each mobile home or park trailer shall be |
| 317 | tied down by one of the following means: |
| 318 | 1. A mobile home or park trailer having built-in, over- |
| 319 | the-roof ties shall be secured by the tie-down points, provided |
| 320 | such built-in ties and points meet the standards promulgated by |
| 321 | the department. |
| 322 | 2. A mobile home or park trailer not having built-in, |
| 323 | over-the-roof ties and tie-down points which meet department |
| 324 | standards shall be secured in accordance with standards |
| 325 | promulgated by the department. |
| 326 | (1)(2) The department shall adopt promulgate rules and |
| 327 | regulations setting forth uniform standards for the installation |
| 328 | of mobile homes, manufactured homes, and park trailers and for |
| 329 | the manufacture of components, products, or systems used in the |
| 330 | installation of mobile homes, manufactured homes, and park |
| 331 | trailers. The rules shall ensure that the home or park trailer |
| 332 | is installed on a permanent foundation that resists wind, flood, |
| 333 | flotation, overturning, sliding, and lateral movement of the |
| 334 | home or park trailer. manufacture or installation of anchors, |
| 335 | tie-downs, over-the-roof ties, or other reliable methods of |
| 336 | securing mobile homes or park trailers when over-the-roof ties |
| 337 | are not suitable due to factors such as unreasonable cost, |
| 338 | design of the mobile home or park trailer, or potential damage |
| 339 | to the mobile home or park trailer. No entity, other than the |
| 340 | department, has authority to amend these uniform standards. The |
| 341 | owner of the mobile home, manufactured home, or park trailer |
| 342 | shall be responsible for the installation in accordance with |
| 343 | department rules. Such devices required under this section, when |
| 344 | properly installed, shall cause the mobile home or park trailer |
| 345 | to resist wind overturning and sliding. In promulgating such |
| 346 | rules and regulations, the department may make such |
| 347 | discriminations regarding mobile home or park trailer tie-down |
| 348 | requirements as are reasonable when factors such as age, |
| 349 | location, and practicality of tying down a mobile home or park |
| 350 | trailer are considered. |
| 351 | (2)(3)(a) Persons licensed in this state to engage in the |
| 352 | business of insuring mobile homes, manufactured homes, or park |
| 353 | trailers that are subject to the provisions of this section |
| 354 | against damage from windstorm shall issue such insurance only if |
| 355 | the mobile home, manufactured home, or park trailer has been |
| 356 | installed anchored and tied down in accordance with the |
| 357 | requirements provisions of this chapter and department rules |
| 358 | section. |
| 359 | (b) If In the event that a mobile home, manufactured home, |
| 360 | or park trailer is insured against damage caused by windstorm |
| 361 | and subsequently sustains windstorm damage of a nature that |
| 362 | indicates that the mobile home, manufactured home, or park |
| 363 | trailer was not installed anchored or tied down in the manner |
| 364 | required by this chapter and department rules section, the |
| 365 | person issuing the policy shall not be relieved from meeting the |
| 366 | obligations specified in the insurance policy with respect to |
| 367 | such damage on the basis that the mobile home or park trailer |
| 368 | was not properly installed anchored or tied down. |
| 369 | (3)(4) Whenever a person or entity that who engages in the |
| 370 | business of manufactured housing installation or installing |
| 371 | anchors, tie-downs, or over-the-roof ties or who engages in the |
| 372 | business of manufacturing components, products, or systems, |
| 373 | distributing, or dealing in such devices for use in this state |
| 374 | and does so in a manner that is not in accordance with the |
| 375 | uniform minimum standards set forth by the department, a person |
| 376 | or entity aggrieved thereby may bring an action in the |
| 377 | appropriate court for actual damages. In addition, the court may |
| 378 | provide appropriate equitable relief, including the enjoining of |
| 379 | a violator from engaging in the business or from engaging in |
| 380 | further violations. Whenever it is established to the |
| 381 | satisfaction of the court that a willful violation has occurred, |
| 382 | the court shall award punitive damages to the aggrieved party. |
| 383 | The losing party may be liable for court costs and reasonable |
| 384 | attorney's fees incurred by the prevailing party. |
| 385 | (4)(5) In addition to other penalties provided in this |
| 386 | section, the department or the state attorneys and their |
| 387 | assistants are authorized to apply to the circuit courts within |
| 388 | their respective jurisdictions, and such courts shall have |
| 389 | jurisdiction, upon hearing and for cause shown, to grant |
| 390 | temporary or permanent injunctions restraining any person or |
| 391 | entity persons engaging in the business of manufactured housing |
| 392 | installation or the manufacturing of components, products, or |
| 393 | systems manufacturing, distributing, or dealing in anchors, tie- |
| 394 | downs, or over-the-roof ties from installing homes or |
| 395 | manufacturing or selling such components, products, or systems |
| 396 | devices in a manner not in accordance with the uniform minimum |
| 397 | standards set forth by the department or restraining any persons |
| 398 | in the business of installing such components, products, or |
| 399 | systems anchors, tie-downs, or over-the-roof ties from using |
| 400 | utilizing devices that do not meet the uniform minimum standards |
| 401 | set forth by the department or from installing such components, |
| 402 | products, or systems devices in a manner not in accordance with |
| 403 | the uniform minimum standards set forth by the department, |
| 404 | whether or not there exists an adequate remedy at law, and such |
| 405 | injunctions shall issue without bond. |
| 406 | (5)(6) This section only applies only to a mobile home, |
| 407 | manufactured home, or park trailer that is being used as a |
| 408 | dwelling place and that is located on a particular location for |
| 409 | a period of time exceeding 14 days, for a mobile or manufactured |
| 410 | home, or 45 days, for a park trailer. |
| 411 | (6)(7) For the purposes of this section, the definitions |
| 412 | set forth in s. 320.822 apply. |
| 413 | Section 8. Section 320.834, Florida Statutes, is amended |
| 414 | to read: |
| 415 | 320.834 Purpose.--It is the intent of the Legislature to |
| 416 | ensure the safety and welfare of residents of mobile homes |
| 417 | through an inspection program conducted by the Department of |
| 418 | Highway Safety and Motor Vehicles. Mobile homes are a primary |
| 419 | affordable housing resource of many of the residents of the |
| 420 | state and satisfy a large segment of statewide housing needs. It |
| 421 | is the further intent of the Legislature that the department, |
| 422 | mobile home dealers, and mobile home manufacturers continue to |
| 423 | work together to meet the applicable code requirements for |
| 424 | mobile homes and that such dealers and manufacturers share the |
| 425 | responsibilities of warranting mobile homes in accordance with |
| 426 | applicable codes and resolving legitimate consumer complaints in |
| 427 | a timely, efficient manner. |
| 428 | Section 9. Section 320.835, Florida Statutes, is amended |
| 429 | to read: |
| 430 | 320.835 Mobile home and recreational vehicle |
| 431 | warranties.--Each manufacturer, dealer, installer, and supplier |
| 432 | Each manufacturer, dealer, installer, and supplier of mobile |
| 433 | homes or recreational vehicles shall warrant each new mobile |
| 434 | home or recreational vehicle sold in this state and the setup of |
| 435 | each such mobile home, in accordance with the warranty |
| 436 | requirements prescribed by this section, for a period of at |
| 437 | least 12 months, measured from the date of delivery of the |
| 438 | mobile home to the buyer or the date of sale of the recreational |
| 439 | vehicle in the case of a manufacturer or dealer, or from the |
| 440 | date of receipt of a certificate of occupancy in the case of an |
| 441 | installer. The warranty requirements of each manufacturer, |
| 442 | dealer, installer, and supplier of mobile homes or recreational |
| 443 | vehicles are as follows: |
| 444 | (1) The manufacturer warrants: |
| 445 | (a) For a mobile home or recreational vehicle, that all |
| 446 | structural elements; plumbing systems; heating, cooling, and |
| 447 | fuel-burning systems; electrical systems; fire prevention |
| 448 | systems; and any other components or conditions included by the |
| 449 | manufacturer are free from substantial defect. |
| 450 | (b) That 100-ampere electrical service exists in the |
| 451 | mobile home. |
| 452 | (2) The dealer warrants: |
| 453 | (a) That any modifications or alterations made to the |
| 454 | mobile home or recreational vehicle by the dealer or authorized |
| 455 | by the dealer shall be free from substantial defect. Alterations |
| 456 | or modifications made by a dealer shall relieve the manufacturer |
| 457 | of warranty responsibility only as to the item altered or |
| 458 | modified. |
| 459 | (b) That setup operations performed on the mobile home are |
| 460 | performed in compliance with s. 320.8325. |
| 461 | (c) That substantial defects do not occur to the mobile |
| 462 | home during setup or by transporting it to the occupancy site. |
| 463 |
|
| 464 | When the setup of a mobile home is performed by a person who is |
| 465 | not an employee or agent of the mobile home manufacturer or |
| 466 | dealer and is not compensated or authorized by, or connected |
| 467 | with, such manufacturer or dealer, then the warranty |
| 468 | responsibility of the manufacturer or dealer as to setup shall |
| 469 | be limited to transporting the mobile home to the occupancy site |
| 470 | free from substantial defect. |
| 471 | (3) The installer warrants that the setup operations |
| 472 | performed on the mobile home are performed in compliance with s. |
| 473 | 320.8325 and department rules governing the installation. |
| 474 | (4)(3) The supplier warrants that any warranties generally |
| 475 | offered in the ordinary sale of his or her product to consumers |
| 476 | shall be extended to buyers of mobile homes and recreational |
| 477 | vehicles. When no warranty is extended by suppliers, the |
| 478 | manufacturer shall assume warranty responsibility for that |
| 479 | component. |
| 480 | (5) The department may adopt rules under chapter 120 to |
| 481 | resolve disputes that may arise among the mobile home |
| 482 | manufacturer, dealer, installer, or supplier. Those rules must |
| 483 | comply with the dispute resolution process as set forth in the |
| 484 | federal Manufactured Housing Improvement Act. |
| 485 | Section 10. Subsection (8) of section 215.559, Florida |
| 486 | Statutes, is amended to read: |
| 487 | 215.559 Hurricane Loss Mitigation Program.-- |
| 488 | (8) This section is repealed June 30, 2011 2006. |
| 489 | Section 11. This act shall take effect upon becoming a |
| 490 | law. |