Florida Senate - 2023                                    SB 1404
       
       
        
       By Senator Trumbull
       
       
       
       
       
       2-01158-23                                            20231404__
    1                        A bill to be entitled                      
    2         An act relating to movable tiny homes; amending s.
    3         320.01, F.S.; revising and providing definitions;
    4         creating s. 320.018, F.S.; providing for taxation of a
    5         movable tiny home according to its classification;
    6         providing classification requirements; providing
    7         applicability; amending ss. 320.02, 320.03, 320.031,
    8         and 320.04, F.S.; including movable tiny homes in
    9         provisions relating to mobile home registration;
   10         amending s. 320.05, F.S.; including movable tiny homes
   11         in provisions relating to inspection of records of the
   12         Department of Highway Safety and Motor Vehicles;
   13         amending s. 320.055, F.S.; conforming cross
   14         references; amending s. 320.0607, F.S.; providing for
   15         replacement of a movable tiny home sticker; amending
   16         s. 320.0609, F.S.; providing for exchange of such
   17         sticker upon transfer of a movable tiny home; amending
   18         s. 320.061, F.S.; prohibiting alteration of a movable
   19         tiny home sticker; amending s. 320.07, F.S.; including
   20         movable tiny homes in provisions relating to
   21         expiration and renewal of registration; providing
   22         penalties; amending s. 320.071, F.S.; providing for
   23         advance registration renewal for movable tiny homes;
   24         providing penalties; amending s. 320.08, F.S.;
   25         including movable tiny home dealers and manufacturers
   26         in provisions relating to license taxes for dealer and
   27         manufacturer license plates; amending ss. 320.0802,
   28         320.0804, and 320.08046, F.S.; conforming cross
   29         references; amending s. 320.081, F.S.; requiring
   30         issuance of a sticker indicating payment of the annual
   31         license tax; amending s. 320.0815, F.S.; requiring
   32         issuance of movable tiny home stickers to certain
   33         movable tiny homes; providing an exception; amending
   34         s. 320.10, F.S.; exempting certain movable tiny homes
   35         from such license tax; amending s. 320.13, F.S.;
   36         authorizing a licensed movable tiny home dealer to
   37         secure dealer license plates; amending s. 320.131,
   38         F.S.; authorizing use of temporary tags to transport
   39         movable tiny homes; amending s. 320.15, F.S.;
   40         authorizing a registration credit or refund of license
   41         taxes for movable tiny homes under certain
   42         circumstances; amending s. 320.17, F.S.; authorizing
   43         the department to classify and assess license taxes
   44         for movable tiny homes; amending s. 320.18, F.S.;
   45         authorizing withholding of registration of a movable
   46         tiny home under certain circumstances; amending s.
   47         320.19, F.S.; providing for a tax lien upon a movable
   48         tiny home; amending s. 320.203, F.S.; conforming
   49         cross-references; amending s. 320.26, F.S.;
   50         prohibiting counterfeiting of movable tiny home
   51         stickers; providing penalties; amending s. 320.261,
   52         F.S.; providing penalties for attaching to a movable
   53         tiny home a license plate or validation sticker not
   54         issued to the movable tiny home; amending s. 320.27,
   55         F.S.; revising the definition of the term “motor
   56         vehicle”; authorizing denial, suspension, or
   57         revocation of a license for a violation of certain
   58         provisions relating to dealing in or repairing movable
   59         tiny homes; amending s. 320.28, F.S.; requiring a
   60         nonresident dealer in secondhand movable tiny homes to
   61         apply for a certificate of title for a movable tiny
   62         home before selling, offering for sale, or advertising
   63         the sale of such movable tiny home; amending s.
   64         320.37, F.S.; excluding certain movable tiny homes
   65         owned by nonresidents from the exemption from
   66         registration requirements; amending s. 320.71, F.S.;
   67         requiring a nonresident movable tiny home dealer to
   68         register with the Department of Revenue for a sales
   69         tax dealer registration number; amending s. 320.771,
   70         F.S.; authorizing licensed recreational vehicle
   71         dealers to sell movable tiny homes; creating s.
   72         320.772, F.S.; defining the terms “dealer” and
   73         “movable tiny home broker”; providing conditions under
   74         which a licensed dealer may transact business in
   75         movable tiny homes; requiring certain licensure;
   76         providing license application requirements;
   77         authorizing the Department of Highway Safety and Motor
   78         Vehicles to investigate facts set forth in an
   79         application; providing for denial of license and
   80         notification thereof; authorizing a public hearing;
   81         providing for issuance of a license certificate under
   82         certain circumstances; authorizing supplemental
   83         licenses under certain circumstances; authorizing a
   84         mobile home dealer to apply for a license endorsement
   85         to sell movable tiny homes; requiring recordkeeping;
   86         requiring a licensee to possess evidence of title;
   87         providing requirements for setup operations; providing
   88         a penalty; authorizing the department to apply for an
   89         injunction under certain circumstances; requiring
   90         suspension or revocation of a license upon certain
   91         findings; authorizing administrative fines; requiring
   92         an applicant to deliver a surety bond in a certain
   93         amount to the department before issuance or renewal of
   94         a license; prohibiting sharing in the commission on
   95         the sale of insurance coverage under certain
   96         circumstances; amending s. 320.781, F.S.; renaming the
   97         Mobile Home and Recreational Vehicle Protection Trust
   98         Fund as the “Mobile Home, Movable Tiny Home, and
   99         Recreational Vehicle Protection Trust Fund”; including
  100         movable tiny homes in applicable provisions relating
  101         to the trust fund; providing penalties; amending s.
  102         320.822, F.S.; revising and providing definitions;
  103         amending s. 320.8225, F.S.; requiring annual licensure
  104         for each factory location within and outside this
  105         state which manufactures movable tiny homes; requiring
  106         submission of a surety bond to the department;
  107         providing the period of licensure; authorizing denial,
  108         and requiring revocation or suspension, of a license
  109         under certain circumstances; creating s. 320.82315,
  110         F.S.; establishing uniform standards for
  111         manufacturing, inspection, and certification of
  112         movable tiny homes; amending s. 320.8245, F.S.;
  113         limiting alterations or modifications to movable tiny
  114         homes; providing for effect of alteration or
  115         modification on a movable tiny home warranty;
  116         providing requirements for designation as a person
  117         qualified to alter or modify a movable tiny home;
  118         amending s. 320.8285, F.S.; subjecting movable tiny
  119         homes to onsite inspection; amending s. 320.8325,
  120         F.S.; requiring the department to adopt rules setting
  121         forth uniform standards for the installation of
  122         movable tiny homes; amending s. 320.835, F.S.;
  123         requiring manufacturer, dealer, installer, and
  124         supplier warranties for new movable tiny homes;
  125         amending ss. 205.193, 212.0601, 320.06, 320.133,
  126         320.77, and 320.8249, F.S.; conforming cross
  127         references; providing contingent effective dates.
  128          
  129  Be It Enacted by the Legislature of the State of Florida:
  130  
  131         Section 1. Subsections (3), (19), and (21) of section
  132  320.01, Florida Statutes, are amended, and subsection (46) is
  133  added to that section, to read:
  134         320.01 Definitions, general.—As used in the Florida
  135  Statutes, except as otherwise provided, the term:
  136         (3) “Owner” means any person, firm, corporation, or
  137  association controlling any motor vehicle, movable tiny home, or
  138  mobile home by right of purchase, gift, lease, or otherwise.
  139         (19)(a) “Registration period” means a period of 12 months
  140  or 24 months during which a motor vehicle, movable tiny home, or
  141  mobile home registration is valid.
  142         (b) “Extended registration period” means a period of 24
  143  months during which a motor vehicle, movable tiny home, or
  144  mobile home registration is valid.
  145         (21) “Renewal period” means the period during which renewal
  146  of a motor vehicle registration, movable tiny home registration,
  147  or mobile home registration is required, as provided in s.
  148  320.055.
  149         (46)(a)“Movable tiny home” means a transportable unit that
  150  has a body width of not more than 14 feet, that is built on a
  151  single chassis, and that is designed to provide separate,
  152  independent living quarters of one household for year-round
  153  residence with permanent provisions for living, sleeping,
  154  eating, cooking, and sanitation when connected to utilities
  155  necessary for operation of installed fixtures and appliances. A
  156  movable tiny home is a single unit and is not built in sections
  157  to be assembled on a site. In addition, a movable tiny home is
  158  designed and built so that the exterior has the appearance of a
  159  conventional single-family dwelling unit, using conventional
  160  building materials, and is thus architecturally distinct from
  161  traditional mobile homes and recreational vehicles.
  162         (b)The total area of a movable tiny home in setup mode,
  163  when measured from the exterior surface of the exterior stud
  164  walls at the level of maximum dimensions, not including any bay
  165  window, does not exceed 400 square feet when constructed in
  166  accordance with standards provided in s. 320.82315. A movable
  167  tiny home must be built according to such standards and
  168  inspected and certified by a professional engineer licensed in
  169  this state or by a qualified third party who inspects for
  170  compliance with the American National Standards Institute and
  171  who is accredited pursuant to American Society for Testing and
  172  Materials Appendix E699 or ISO/IEC 17020.
  173         (c)1.A movable tiny home’s wheels and leveling support
  174  jacks must be situated on a surface sufficient to support the
  175  weight of the home. The governing body of the county or
  176  municipality in which the movable tiny home is sited is
  177  responsible for permits and inspections regarding the pad or
  178  foundation on which the movable tiny home is situated.
  179         2.If the movable tiny home’s wheels are removed so that
  180  the home may be situated on a foundation, the governing body of
  181  the county or municipality in which the home is sited is
  182  responsible for permits and inspections for such foundation in
  183  accordance with s. 320.8325(1).
  184         (d)“Length of a movable tiny home” means the distance from
  185  the exterior of the front of the body, nearest to the drawbar
  186  and coupling mechanism, to the exterior of the rear of the body,
  187  at the opposite end of the body, including any protrusions.
  188         Section 2. Section 320.018, Florida Statutes, is created to
  189  read:
  190         320.018Taxation of movable tiny homes.—
  191         (1)A movable tiny home as defined in s. 320.01(46),
  192  regardless of its actual use, is subject only to a license tax
  193  unless classified and taxed as real property. A movable tiny
  194  home is considered real property only when the owner of the
  195  movable tiny home is also the owner of the land on which the
  196  movable tiny home is situated and such movable tiny home is
  197  permanently affixed thereto. A prefabricated or modular housing
  198  unit or portion thereof not manufactured upon an integral
  199  chassis or undercarriage for travel over highways shall be taxed
  200  as real property once it is permanently affixed to real
  201  property. This subsection does not apply to a display home or
  202  other inventory being held for sale by a manufacturer or dealer
  203  of modular housing units.
  204         (2)Notwithstanding subsection (1), a movable tiny home
  205  classified by a seller or a lender as personal property at the
  206  time a security interest was granted therein to secure an
  207  obligation shall continue to be so classified for all purposes
  208  relating to the loan and security interest, at least as long as
  209  any part of such obligation, or any extension or renewal
  210  thereof, remains outstanding. Classification of a movable tiny
  211  home as personal property by a seller or a lender does not
  212  prohibit the owner from having the movable tiny home classified
  213  and taxed as real property under subsection (1).
  214         Section 3. Subsection (3) of section 320.02, Florida
  215  Statutes, is amended to read:
  216         320.02 Registration required; application for registration;
  217  forms.—
  218         (3) Before Prior to the registration in this state of a any
  219  vehicle registered outside the state, the application must be
  220  accompanied by either a sworn affidavit from the seller and
  221  purchaser verifying that the vehicle identification number shown
  222  on the affidavit is identical to the vehicle identification
  223  number shown on the motor vehicle or a copy of the appropriate
  224  departmental form evidencing that a physical examination has
  225  been made of the motor vehicle by the owner and by a duly
  226  constituted police officer of any state, a licensed motor
  227  vehicle dealer, a license inspector as provided by s. 320.58, or
  228  a notary public commissioned by any state and that the vehicle
  229  identification number shown on the applicable form and the
  230  application is identical to the vehicle identification number
  231  shown on the motor vehicle. Vehicle identification number
  232  verification is not required for a any new vehicle sold in this
  233  state by a licensed motor vehicle dealer, a any mobile home, a
  234  movable tiny home, a any trailer or semitrailer with a net
  235  weight of less than 2,000 pounds, or a any travel trailer or
  236  camping trailer.
  237         Section 4. Subsections (1) and (3) and paragraph (a) of
  238  subsection (10) of section 320.03, Florida Statutes, are amended
  239  to read:
  240         320.03 Registration; duties of tax collectors;
  241  International Registration Plan.—
  242         (1) The tax collectors in the several counties of the
  243  state, as authorized agents of the department, shall issue
  244  registration certificates, registration license plates,
  245  validation stickers, movable tiny home stickers, and mobile home
  246  stickers to applicants, and shall provide to applicants for each
  247  the option to register emergency contact information and the
  248  option to be contacted with information about state and federal
  249  benefits available as a result of military service, subject to
  250  the requirements of law, in accordance with rules of the
  251  department. A Any person, firm, or corporation representing
  252  itself, through advertising or naming of the business, to be an
  253  authorized agent of the department commits shall be deemed
  254  guilty of an unfair and deceptive trade practice as defined in
  255  part II of chapter 501. No Such person, firm, or corporation may
  256  not shall use either the state or county name as a part of its
  257  their business name when such use can reasonably be interpreted
  258  as an official state or county office.
  259         (3) Each tax collector shall keep a full and complete
  260  record and account of all validation stickers, movable tiny home
  261  stickers, mobile home stickers, or other properties received by
  262  him or her from the department, or from any other source.
  263  Notwithstanding chapter 116, every county officer within this
  264  state authorized to collect funds provided for in this chapter
  265  shall pay all sums officially received by the officer into the
  266  State Treasury no later than 5 working days after the close of
  267  the business day in which the officer received the funds.
  268  Payment by county officers to the state shall be made by means
  269  of electronic funds transfer.
  270         (10)(a) Jurisdiction over the electronic filing system for
  271  use by authorized electronic filing system agents to:
  272         1. Electronically title or register motor vehicles,
  273  vessels, mobile homes, movable tiny homes, or off-highway
  274  vehicles;
  275         2. For derelict or salvage motor vehicles, process title
  276  transactions, derelict motor vehicle certificates, or
  277  certificates of destruction, pursuant to s. 319.30(2), (3), (7),
  278  or (8);
  279         3. Issue or transfer registration license plates or decals;
  280         4. Electronically transfer fees due for the title and
  281  registration process; and
  282         5. Perform inquiries for title, registration, and
  283  lienholder verification and certification of service providers,
  284  
  285  is expressly preempted to the state, and the department shall
  286  have regulatory authority over the system. The electronic filing
  287  system shall be available for use statewide and applied
  288  uniformly throughout the state.
  289         Section 5. Section 320.031, Florida Statutes, is amended to
  290  read:
  291         320.031 Mailing of registration certificates, license
  292  plates, and validation stickers.—
  293         (1) The department and the tax collectors of the several
  294  counties of the state may at the request of the applicant use
  295  United States mail service to deliver registration certificates
  296  and renewals thereof, license plates, mobile home stickers,
  297  movable tiny home stickers, and validation stickers to
  298  applicants.
  299         (2) A mail service charge may be collected for each
  300  registration certificate, license plate, mobile home sticker,
  301  movable tiny home sticker, and validation sticker mailed by the
  302  department or any tax collector. Each registration certificate,
  303  license plate, mobile home sticker, movable tiny home sticker,
  304  and validation sticker shall be mailed by first-class mail
  305  unless otherwise requested by the applicant. The amount of the
  306  mail service charge shall be the actual postage required,
  307  rounded to the nearest 5 cents, plus a 25-cent handling charge.
  308  The mail service charge is in addition to the service charge
  309  provided by s. 320.04. All charges collected by the department
  310  under this section shall be deposited into the Highway Safety
  311  Operating Trust Fund.
  312         Section 6. Paragraphs (a) and (b) of subsection (1) of
  313  section 320.04, Florida Statutes, are amended to read:
  314         320.04 Registration service charge.—
  315         (1)(a) A service charge of $2.50 shall be imposed on each
  316  application that is handled in connection with original
  317  issuance, duplicate issuance, or transfer of a license plate,
  318  mobile home sticker, movable tiny home sticker, or validation
  319  sticker or with transfer or duplicate issuance of a registration
  320  certificate. This service charge shall be retained by the
  321  department or by the tax collector, as the case may be, as other
  322  fees accruing to those offices.
  323         (b) A service charge of $1 shall also be imposed for the
  324  issuance of each license plate validation sticker, vessel decal,
  325  and mobile home sticker, and movable tiny home sticker issued
  326  from an automated vending facility or printer dispenser machine.
  327  This service charge is payable to the department and shall be
  328  used to provide for automated vending facilities or printer
  329  dispenser machines that are used to dispense such stickers and
  330  decals by each tax collector’s or license tag agent’s employee.
  331         Section 7. Subsection (2) and paragraphs (b) and (e) of
  332  subsection (3) of section 320.05, Florida Statutes, are amended
  333  to read:
  334         320.05 Records of the department; inspection procedure;
  335  lists and searches; fees.—
  336         (2) Upon receipt of an application for the registration of
  337  a motor vehicle, vessel, movable tiny home, or mobile home, as
  338  herein provided for, the department shall register the motor
  339  vehicle, vessel, movable tiny home, or mobile home under the
  340  distinctive number assigned to such motor vehicle, vessel,
  341  movable tiny home, or mobile home by the department. Electronic
  342  registration records shall be open to the inspection of the
  343  public during business hours. Information on a motor vehicle or
  344  vessel registration may not be made available to a person unless
  345  the person requesting the information furnishes positive proof
  346  of identification. The agency that furnishes a motor vehicle or
  347  vessel registration record shall record the name and address of
  348  any person other than a representative of a law enforcement
  349  agency who requests and receives information from a motor
  350  vehicle or vessel registration record and shall also record the
  351  name and address of the person who is the subject of the inquiry
  352  or other information identifying the entity about which
  353  information is requested. A record of each such inquiry must be
  354  maintained for a period of 6 months from the date upon which the
  355  information was released to the inquirer. Nothing in This
  356  section does not shall prohibit a any financial institution,
  357  insurance company, motor vehicle dealer, licensee under chapter
  358  493, attorney, or other agency which the department determines
  359  has the right to know from obtaining, for professional or
  360  business use only, information in such records from the
  361  department through any means of telecommunication pursuant to a
  362  code developed by the department providing all fees specified in
  363  subsection (3) have been paid. The department shall disclose
  364  records or information to the child support enforcement agency
  365  to assist in the location of individuals who owe or potentially
  366  owe support, as defined in s. 409.2554, or to whom such an
  367  obligation is owed pursuant to Title IV-D of the Social Security
  368  Act.
  369         (3)
  370         (b) Fees therefor shall be charged and collected as
  371  follows:
  372         1. For providing lists of motor vehicle or vessel records
  373  for the entire state, or any part or parts thereof, divided
  374  according to counties, a sum computed at a rate of not less than
  375  1 cent nor more than 5 cents per item.
  376         2. For providing noncertified photographic copies of motor
  377  vehicle or vessel documents, $1 per page.
  378         3. For providing noncertified photographic copies of
  379  micrographic records, $1 per page.
  380         4. For providing certified copies of motor vehicle or
  381  vessel records, $3 per record.
  382         5. For providing noncertified computer-generated printouts
  383  of motor vehicle or vessel records, 50 cents per record.
  384         6. For providing certified computer-generated printouts of
  385  motor vehicle or vessel records, $3 per record.
  386         7. For providing electronic access to motor vehicle,
  387  vessel, movable tiny home, and mobile home registration data
  388  requested by tag, vehicle identification number, title number,
  389  or decal number, 50 cents per item.
  390         8. For providing electronic access to driver license status
  391  report by name, sex, and date of birth or by driver license
  392  number, 50 cents per item.
  393         9. For providing lists of licensed mobile home dealers and
  394  manufacturers, movable tiny home dealers and manufacturers, and
  395  recreational vehicle dealers and manufacturers, $15 per list.
  396         10. For providing lists of licensed motor vehicle dealers,
  397  $25 per list.
  398         11. For each copy of a videotape record, $15 per tape.
  399         12. For each copy of the Division of Motorist Services
  400  Procedures Manual, $25.
  401         (e) When motor vehicle, vessel, movable tiny home, or
  402  mobile home registration data is provided by electronic access
  403  through a tax collector’s office, the applicable fee as provided
  404  in paragraph (b) must be collected and deposited pursuant to
  405  paragraph (c). However, when such registration data is obtained
  406  through an electronic system described in s. 320.03(10), s.
  407  320.0609, or s. 320.131 and results in the issuance of a title
  408  certificate or the registration credential, such fee does shall
  409  not apply.
  410         Section 8. Paragraph (b) of subsection (1) and subsections
  411  (2) through (5) of section 320.055, Florida Statutes, are
  412  amended to read:
  413         320.055 Registration periods; renewal periods.—The
  414  following registration periods and renewal periods are
  415  established:
  416         (1)
  417         (b) A motor vehicle, or mobile home, or movable tiny home
  418  that is subject to registration under s. 320.08(1), (2), (3),
  419  (4)(a) or (b), (6), (7), (8), (9), (10), or (11), or (12) is
  420  eligible for an extended registration period as defined in s.
  421  320.01(19)(b).
  422         (2) For a vehicle subject to registration under s.
  423  320.08(11) or (12), the registration period begins January 1 and
  424  ends December 31. For a vehicle subject to this registration
  425  period, the renewal period is the 31-day period before prior to
  426  expiration.
  427         (3) For a vehicle subject to registration under s. 320.08
  428  (13) s. 320.08(12), the registration period runs concurrently
  429  with the licensing period. For a vehicle subject to this
  430  registration period, the renewal period is the first month of
  431  the licensing period.
  432         (4) For a vehicle subject to registration under s.
  433  320.08(14) s. 320.08(13), for vehicles subject to registration
  434  under s. 320.08(6)(a) that are short-term rental vehicles, and
  435  for any vehicle for which a registration period is not otherwise
  436  specified, the registration period begins June 1 and ends May
  437  31. For a vehicle subject to this registration period, the
  438  renewal period is the 30-day period beginning June 1.
  439         (5) For a vehicle subject to apportioned registration under
  440  s. 320.08(4)(c)-(n), (5)(a)1. or (e), (6)(b), or (15) (14), the
  441  registration period shall be a period of 12 months beginning in
  442  a month designated by the department and ending on the last day
  443  of the 12th month. For a vehicle subject to this registration
  444  period, the renewal period is the last month of the registration
  445  period. The registration period may be shortened or extended at
  446  the discretion of the department, on receipt of the appropriate
  447  prorated fees, in order to evenly distribute such registrations
  448  on a monthly basis. For a vehicle subject to nonapportioned
  449  registration under s. 320.08(4)(c)-(n), (5)(a)1., (6)(b), or
  450  (15) (14), the registration period begins December 1 and ends
  451  November 30. The renewal period is the 31-day period beginning
  452  December 1.
  453         Section 9. Effective September 1, 2023, subsection (2) of
  454  section 320.055, Florida Statutes, as amended by chapter 2022
  455  123, Laws of Florida, is amended to read:
  456         320.055 Registration periods; renewal periods.—The
  457  following registration periods and renewal periods are
  458  established:
  459         (2) For a vehicle subject to registration under s.
  460  320.08(11) or (12) and not owned by a natural person, the
  461  registration period begins January 1 and ends December 31. For a
  462  vehicle subject to this registration period, the renewal period
  463  is the 31-day period before expiration.
  464         Section 10. Subsection (2) of section 320.0607, Florida
  465  Statutes, is amended to read:
  466         320.0607 Replacement license plates, validation decal,
  467  movable tiny home sticker, or mobile home sticker.—
  468         (2) When a license plate, mobile home sticker, movable tiny
  469  home sticker, or validation decal has been lost, stolen, or
  470  destroyed, the owner of the motor vehicle, or mobile home, or
  471  movable tiny home for which the plate, sticker, or decal was
  472  issued shall make application to the department for a
  473  replacement. The application shall contain the plate, sticker,
  474  or decal number being replaced and a statement that the item was
  475  lost, stolen, or destroyed. If the application includes a copy
  476  of the police report prepared in response to a report of a
  477  stolen plate, sticker, or decal, such plate, sticker, or decal
  478  must be replaced at no charge.
  479         Section 11. Subsection (6) of section 320.0609, Florida
  480  Statutes, is amended to read:
  481         320.0609 Transfer and exchange of registration license
  482  plates; transfer fee.—
  483         (6) Upon a sale, trade, transfer, or other disposition of a
  484  mobile home or movable tiny home, the owner shall remove the
  485  sticker therefrom and may exchange it for another sticker to be
  486  applied to a replacement mobile home or replacement movable tiny
  487  home. Such exchange shall be without cost to the owner. A No
  488  credit will not be given toward the purchase of a license plate
  489  for any other type of vehicle. The department shall ensure that
  490  there is adequate internal control of mobile home or movable
  491  tiny home stickers that have been removed for exchange or
  492  refund.
  493         Section 12. Section 320.061, Florida Statutes, is amended
  494  to read:
  495         320.061 Unlawful to alter motor vehicle registration
  496  certificates, license plates, temporary license plates, mobile
  497  home stickers, movable tiny home stickers, or validation
  498  stickers or to obscure license plates; penalty.—A person may not
  499  alter the original appearance of a vehicle registration
  500  certificate, license plate, temporary license plate, mobile home
  501  sticker, movable tiny home sticker, or validation sticker issued
  502  for and assigned to a motor vehicle, or mobile home, or movable
  503  tiny home, whether by mutilation, alteration, defacement, or
  504  change of color or in any other manner. A person may not apply
  505  or attach a substance, reflective matter, illuminated device,
  506  spray, coating, covering, or other material onto or around any
  507  license plate which interferes with the legibility, angular
  508  visibility, or detectability of any feature or detail on the
  509  license plate or interferes with the ability to record any
  510  feature or detail on the license plate. A person who violates
  511  this section commits a noncriminal traffic infraction,
  512  punishable as a moving violation as provided in chapter 318.
  513         Section 13. Subsections (1), (2), (3), and (5) of section
  514  320.07, Florida Statutes, are amended to read:
  515         320.07 Expiration of registration; renewal required;
  516  penalties.—
  517         (1) The registration of a motor vehicle, or mobile home, or
  518  movable tiny home expires at midnight on the last day of the
  519  registration or extended registration period, or, for a motor
  520  vehicle owner, or mobile home owner, or movable tiny home owner
  521  who is a natural person, at midnight on the owner’s birthday. A
  522  vehicle may not be operated on the roads of this state after
  523  expiration of the renewal period, or, for a natural person, at
  524  midnight on the owner’s birthday, unless the registration has
  525  been renewed according to law.
  526         (2) Registration shall be renewed semiannually, annually,
  527  or biennially, as provided in this subsection, during the
  528  applicable renewal period, upon payment of the applicable
  529  license tax amounts required by s. 320.08, service charges
  530  required by s. 320.04, and any additional fees required by law.
  531         (a) A Any person who owns a motor vehicle registered under
  532  s. 320.08(4)(c)-(n), (6)(b), or (14) (13) may register
  533  semiannually as provided in s. 320.0705.
  534         (b) A Any person who owns a motor vehicle, or mobile home,
  535  or movable tiny home registered under s. 320.08(1), (2), (3),
  536  (4)(a) or (b), (6), (7), (8), (9), (10), or (11), or (12) may
  537  renew the vehicle registration biennially during the applicable
  538  renewal period upon payment of the 2-year cumulative total of
  539  all applicable license tax amounts required by s. 320.08 and
  540  service charges or surcharges required by ss. 320.03, 320.04,
  541  320.0801, 320.08015, 320.0802, 320.0804, 320.0805, 320.08046,
  542  and 320.08056 and payment of the 2-year cumulative total of any
  543  additional fees required by law for an annual registration.
  544         (3) The operation of a any motor vehicle without having
  545  attached thereto a registration license plate and validation
  546  stickers, or the use of a any mobile home or movable tiny home
  547  without having attached thereto a mobile home sticker or movable
  548  tiny home sticker, for the current registration period subjects
  549  shall subject the owner thereof, if he or she is present, or, if
  550  the owner is not present, the operator thereof to the following
  551  penalties penalty provisions:
  552         (a) A Any person whose motor vehicle, or mobile home, or
  553  movable tiny home registration has been expired for a period of
  554  6 months or less commits a noncriminal traffic infraction,
  555  punishable as a nonmoving violation as provided in chapter 318.
  556  However, a law enforcement officer may not issue a citation for
  557  a violation under this paragraph until midnight on the last day
  558  of the owner’s birth month of the year the registration expires.
  559         (b) A Any person whose motor vehicle, or mobile home, or
  560  movable tiny home registration has been expired for more than 6
  561  months, upon a first offense, is subject to the penalty provided
  562  in s. 318.14.
  563         (c) A Any person whose motor vehicle, or mobile home, or
  564  movable tiny home registration has been expired for more than 6
  565  months, upon a second or subsequent offense, commits a
  566  misdemeanor of the second degree, punishable as provided in s.
  567  775.082 or s. 775.083.
  568         (d) However, an operator shall not be charged with a
  569  violation of this subsection if the operator can show, pursuant
  570  to a valid lease agreement, that the vehicle had been leased for
  571  a period of 30 days or less at the time of the offense.
  572         (e) A Any servicemember, as defined in s. 250.01, whose
  573  mobile home or movable tiny home registration expired while he
  574  or she was serving on active duty or state active duty shall not
  575  be charged with a violation of this subsection if, at the time
  576  of the offense, the servicemember was serving on active duty or
  577  state active duty 35 miles or more from the mobile home or
  578  movable tiny home. The servicemember must present to the
  579  department either a copy of the official military orders or a
  580  written verification signed by the servicemember’s commanding
  581  officer to receive a waiver of charges.
  582         (f) The owner of a leased motor vehicle is not responsible
  583  for any penalty specified in this subsection if the motor
  584  vehicle is registered in the name of the lessee of the motor
  585  vehicle.
  586         (5) A Any servicemember, as defined in s. 250.01, whose
  587  motor vehicle, or mobile home, or movable tiny home registration
  588  has expired while he or she was serving on active duty or state
  589  active duty may renew his or her registration upon return from
  590  active duty or state active duty without penalty, if the
  591  servicemember served on active duty or state active duty 35
  592  miles or more from the servicemember’s home of record before
  593  prior to entering active duty or state active duty. The
  594  servicemember must provide to the department either a copy of
  595  the official military orders or a written verification signed by
  596  the servicemember’s commanding officer to receive a waiver of
  597  delinquent fees.
  598         Section 14. Section 320.071, Florida Statutes, is amended
  599  to read:
  600         320.071 Advance registration renewal; procedures.—
  601         (1)(a) The owner of a any motor vehicle, or mobile home, or
  602  movable tiny home currently registered in this state may file an
  603  application for renewal of registration with the department, or
  604  its authorized agent in the county wherein the owner resides,
  605  any time during the 3 months preceding the date of expiration of
  606  the registration period. The registration period may not exceed
  607  27 months.
  608         (b) The owner of any apportionable vehicle currently
  609  registered in this state under the International Registration
  610  Plan may file an application for renewal of registration with
  611  the department any time during the 3 months preceding the date
  612  of expiration of the registration period.
  613         (2) Upon the filing of the application and payment of the
  614  appropriate license tax under s. 320.08, service charges
  615  required by s. 320.04, and any additional fees required by law,
  616  the department or its agent shall issue to the owner of the
  617  motor vehicle, or mobile home, or movable tiny home a validation
  618  sticker, or mobile home sticker, or movable tiny home sticker,
  619  as appropriate, which, when affixed to the license plate, or
  620  mobile home, or movable tiny home, shall renew the registration
  621  for the appropriate registration period.
  622         (3) A Any person who uses a mobile home sticker, movable
  623  tiny home sticker, or validation sticker without lawful
  624  authority or who willfully violates a any rule of the department
  625  relating to this section commits is guilty of a misdemeanor of
  626  the second degree, punishable as provided in s. 775.082 or s.
  627  775.083.
  628         Section 15. Subsection (12) of section 320.08, Florida
  629  Statutes, is amended to read:
  630         320.08 License taxes.—Except as otherwise provided herein,
  631  there are hereby levied and imposed annual license taxes for the
  632  operation of motor vehicles, mopeds, tri-vehicles as defined in
  633  s. 316.003, and mobile homes as defined in s. 320.01, which
  634  shall be paid to and collected by the department or its agent
  635  upon the registration or renewal of registration of the
  636  following:
  637         (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
  638  motor vehicle dealer, independent motor vehicle dealer, marine
  639  boat trailer dealer, or mobile home dealer and manufacturer, or
  640  movable tiny home dealer and manufacturer license plate: $17
  641  flat. For additional fees as set forth in s. 320.08056, dealers
  642  may purchase specialty license plates in lieu of the standard
  643  dealer license plates. Dealers shall be responsible for all
  644  costs associated with the specialty license plate, including all
  645  annual use fees, processing fees, fees associated with switching
  646  license plate types, and any other applicable fees.
  647         Section 16. Section 320.0802, Florida Statutes, is amended
  648  to read:
  649         320.0802 Surcharge on license tax.—There is hereby levied
  650  and imposed on each license tax imposed under s. 320.08, except
  651  those set forth in s. 320.08(11) and (12), a surcharge in the
  652  amount of $1, which shall be collected in the same manner as the
  653  license tax and deposited into the State Agency Law Enforcement
  654  Radio System Trust Fund of the Department of Management
  655  Services.
  656         Section 17. Section 320.0804, Florida Statutes, is amended
  657  to read:
  658         320.0804 Surcharge on license tax.—A surcharge of $2 shall
  659  be imposed on each license tax imposed under s. 320.08, except
  660  those set forth in s. 320.08(11) and (12), which shall be
  661  collected in the same manner as the license tax. This surcharge
  662  shall be further reduced to $1.20 on September 1, 2014, in order
  663  to negate the license plate increase of 80 cents imposed by
  664  chapter 2009-71, Laws of Florida. Of this amount, $1 shall be
  665  deposited into the State Transportation Trust Fund, and 20 cents
  666  shall be deposited into the Highway Safety Operating Trust Fund.
  667         Section 18. Section 320.08046, Florida Statutes, is amended
  668  to read:
  669         320.08046 Juvenile programs surcharge on license tax.—A
  670  surcharge of $1 shall be imposed on each license tax imposed
  671  under s. 320.08, except those set forth in s. 320.08(11) and
  672  (12), which shall be collected in the same manner as the license
  673  tax and deposited into the Grants and Donations Trust Fund in
  674  the Department of Juvenile Justice to fund the juvenile crime
  675  prevention programs and the community juvenile justice
  676  partnership grants program.
  677         Section 19. Subsections (1), (2), and (3) of section
  678  320.081, Florida Statutes, are amended to read:
  679         320.081 Collection and distribution of annual license tax
  680  imposed on the following type units.—
  681         (1) The provisions of This section applies shall apply to
  682  all mobile homes, movable tiny homes, and park trailers, and to
  683  all travel trailers and fifth-wheel trailers exceeding 35 feet
  684  in body length.
  685         (2) The annual license tax prescribed in s. 320.08(10), and
  686  (11), and (12) is in lieu of ad valorem taxes, and a sticker, as
  687  appropriate, shall be issued to evidence payment thereof. It is
  688  permissible in this state to transport units governed by this
  689  section, registered hereunder, without a corresponding state
  690  license plate on the towing vehicle.
  691         (3) The owner shall make application for such sticker in
  692  the manner provided in s. 320.02, and the tax collectors in the
  693  several counties of the state shall collect the license taxes
  694  imposed by s. 320.08(10), and (11), and (12) and the license tax
  695  surcharge imposed by s. 320.08015 in the same manner and under
  696  the same conditions and requirements as provided in s. 320.03.
  697         Section 20. Subsection (2) of section 320.0815, Florida
  698  Statutes, is amended to read:
  699         320.0815 Mobile homes, movable tiny homes, and recreational
  700  vehicle-type units required to have appropriate license plates
  701  or stickers.—
  702         (2) A mobile home or recreational vehicle-type unit that
  703  which is permanently affixed to the land shall be issued a
  704  mobile home sticker at the fee prescribed in s. 320.08(11), and
  705  a movable tiny home that is permanently affixed to land shall be
  706  issued a movable tiny home sticker at the fee prescribed in s.
  707  320.08(12), unless the mobile home, movable tiny home, or
  708  recreational vehicle-type unit is qualified and taxed as real
  709  property, in which case the mobile home, movable tiny home, or
  710  recreational vehicle-type unit shall be issued an “RP” series
  711  sticker. Series “RP” stickers shall be provided by the
  712  department to the tax collectors, and such a sticker will be
  713  issued by the tax collector to the registered owner of such a
  714  mobile home, movable tiny home, or recreational vehicle-type
  715  unit upon the production of a certificate of the respective
  716  property appraiser that such mobile home, movable tiny home, or
  717  recreational vehicle-type unit is included in an assessment of
  718  the property of such registered owner for ad valorem taxation.
  719  An “RP” series sticker shall be issued by the tax collector for
  720  an aggregate fee of $3 each, to be distributed as follows: $2.50
  721  shall be retained by the tax collector as a service charge; 25
  722  cents shall be remitted to the property appraiser; and 25 cents
  723  shall be remitted to the department to defray the cost of
  724  manufacture and handling. Mobile home stickers, movable tiny
  725  home stickers, and “RP” series stickers shall be of a size to be
  726  determined by the department. A mobile home sticker, movable
  727  tiny home sticker, or “RP” series sticker shall be affixed to
  728  the lower left corner of the window closest to the street or
  729  road providing access to such residence.
  730         Section 21. Paragraph (a) of subsection (1) and subsection
  731  (2) of section 320.10, Florida Statutes, are amended to read:
  732         320.10 Exemptions.—
  733         (1) The provisions of s. 320.08 do not apply to:
  734         (a) Any motor vehicle, or mobile home, or movable tiny home
  735  owned by, and operated exclusively for the personal use of, any
  736  member of the United States Armed Forces who is not a resident
  737  of this state and who is stationed in the state while in
  738  compliance with military or naval orders;
  739         (2) Any such vehicle, or mobile home, or movable tiny home,
  740  except one owned or operated exclusively by the Federal
  741  Government, shall be furnished a license plate, validation
  742  sticker, or mobile home sticker, or movable tiny home sticker
  743  upon the proper application to the department and upon the
  744  payment of $3 to cover the cost of same. For any motor vehicle,
  745  or mobile home, or movable tiny home that which is exempt under
  746  paragraph (1)(a), there shall be issued a license plate,
  747  validation sticker, or mobile home sticker, or movable tiny home
  748  sticker prescribed by s. 320.06; and for any vehicle that which
  749  is exempt under paragraphs (1)(c)-(h), there shall be issued a
  750  license plate under series “X.” Vehicles exempt under this
  751  provision must be equipped with proper license plates showing
  752  such exempt status.
  753         Section 22. Subsections (1) and (2) of section 320.13,
  754  Florida Statutes, are amended to read:
  755         320.13 Dealer and manufacturer license plates and
  756  alternative method of registration.—
  757         (1)(a) A Any licensed motor vehicle dealer, a and any
  758  licensed mobile home dealer, and a licensed movable tiny home
  759  dealer may, upon payment of the license tax imposed by s.
  760  320.08(13) s. 320.08(12), secure one or more dealer license
  761  plates, which are valid for use on motor vehicles, or mobile
  762  homes, or movable tiny homes owned by the dealer to whom such
  763  plates are issued while the motor vehicles are in inventory and
  764  for sale, or while being operated in connection with such
  765  dealer’s business, but are not valid for use for hire. Dealer
  766  license plates may not be used on a any tow truck or wrecker
  767  unless the tow truck or wrecker is being demonstrated for sale,
  768  and the dealer license plates may not be used on a vehicle used
  769  to transport another motor vehicle for the motor vehicle dealer.
  770         (b)1. Marine boat trailer dealers and manufacturers may,
  771  upon payment of the license taxes imposed by s. 320.08(13) s.
  772  320.08(12), secure one or more dealer plates, which are valid
  773  for use on boat trailers owned by the dealer to whom such plates
  774  are issued while being used in connection with such dealer’s
  775  business, but are not valid for use for hire.
  776         2. It is the intent of the Legislature that the method
  777  currently used to license marine boat trailer dealers to do
  778  business in the state, that is, by an occupational license
  779  issued by the city or county, not be changed. The department
  780  shall not interpret this act to mean that it is empowered to
  781  license such dealers to do business. An occupational license tax
  782  certificate shall be sufficient proof upon which the department
  783  may issue dealer license plates.
  784         (c) A dealer of heavy trucks as defined in s. 320.01(10),
  785  upon payment of the license tax imposed by s. 320.08(13) s.
  786  320.08(12), may secure one or more dealer license plates that
  787  are valid for use on vehicles owned by the dealer to whom such
  788  plates are issued while the heavy trucks are in inventory and
  789  for sale and are being used only in the state for demonstration
  790  purposes. The license plates may be used for demonstration
  791  purposes for a period not to exceed 24 hours. The license plates
  792  must be validated on a form prescribed by the department and
  793  must be retained in the vehicle being operated.
  794         (2) A licensed manufacturer, importer, or distributor of
  795  motor vehicles may, upon payment of the license tax imposed by
  796  s. 320.08(13) s. 320.08(12), secure one or more manufacturer
  797  license plates, which are valid for use on motor vehicles owned
  798  by the manufacturer, importer, or distributor to whom such
  799  plates are issued while the motor vehicles are in inventory and
  800  for sale, being operated for demonstration purposes, or in
  801  connection with the manufacturer’s business, but are not valid
  802  for use for hire.
  803         Section 23. Paragraphs (c) and (l) of subsection (1) of
  804  section 320.131, Florida Statutes, are amended to read:
  805         320.131 Temporary tags.—
  806         (1) The department is authorized and empowered to design,
  807  issue, and regulate the use of temporary tags to be designated
  808  “temporary tags” for use in the following cases:
  809         (c) For certified common carriers or driveaway companies
  810  who transport motor vehicles, mobile homes, movable tiny homes,
  811  or recreational vehicles from one place to another for persons
  812  other than themselves.
  813         (l) For use by licensed dealers to transport motor
  814  vehicles, and recreational vehicles, and movable tiny homes from
  815  the dealer’s licensed location to an off-premise sales location
  816  and return. Temporary tags used for such purposes shall be
  817  issued to the licensed dealer who owns the vehicles.
  818  
  819  Further, the department is authorized to disallow the purchase
  820  of temporary tags by licensed dealers, common carriers, or
  821  financial institutions in those cases where abuse has occurred.
  822         Section 24. Section 320.15, Florida Statutes, is amended to
  823  read:
  824         320.15 Refund of license tax.—
  825         (1) A Any resident owner of a motor vehicle, or mobile
  826  home, or movable tiny home that has been destroyed or
  827  permanently removed from the state shall, upon application to
  828  the department and surrender of the license plate, or mobile
  829  home sticker, or movable tiny home sticker issued for such
  830  vehicle, be entitled to a credit to apply to registration of any
  831  other vehicle in the name of the owner, if the amount is $3 or
  832  more, for the unexpired period of the license. However, if the
  833  license plate surrendered is a “for-hire” license plate, the
  834  amount of credit may not be more than one-half of the annual
  835  license tax amount. A credit is not valid after the expiration
  836  date of the license plate which is current on the date of the
  837  credit, as provided in s. 320.07.
  838         (2) A motor vehicle registrant, or mobile home owner, or
  839  movable tiny home owner who has renewed a motor vehicle
  840  registration during the advance renewal period pursuant to s.
  841  320.071 and who surrenders the license plate for the vehicle
  842  before the end of the renewal period may apply for a refund of
  843  the license taxes assessed in s. 320.08.
  844         Section 25. Section 320.17, Florida Statutes, is amended to
  845  read:
  846         320.17 Classification of vehicles, and mobile homes, and
  847  movable tiny homes; assessment of license tax by department.—The
  848  department may, in accordance with the provisions of this
  849  chapter, determine the classification of, and the amount of
  850  license tax due on, a any motor vehicle, or mobile home, or
  851  movable tiny home required to be registered under the laws of
  852  this state and may, in accordance with the provisions of this
  853  chapter, fix, determine, and assess the amount of license tax
  854  and fees to be paid for registration or renewal of registration.
  855  A determination of the department, when certified in writing, is
  856  prima facie evidence of the validity, regularity, and propriety
  857  thereof and of the liability of the vehicle involved therein to
  858  the classification and tax so determined, fixed, and assessed.
  859  No Such a determination when made by the department may not be
  860  disregarded or set aside in any court, except when clearly shown
  861  to be unwarranted in law or in fact.
  862         Section 26. Subsections (1) and (3) of section 320.18,
  863  Florida Statutes, are amended to read:
  864         320.18 Withholding registration.—
  865         (1) The department may withhold the registration of any
  866  motor vehicle, or mobile home, or movable tiny home the owner or
  867  co-owner of which has failed to register it under the provisions
  868  of law for any previous period or periods for which it appears
  869  registration should have been made in this state until the tax
  870  for such period or periods is paid. The department may cancel
  871  any vehicle or vessel registration, driver license,
  872  identification card, or fuel-use tax decal if the owner or co
  873  owner pays for any vehicle or vessel registration, driver
  874  license, identification card, or fuel-use tax decal; pays any
  875  administrative, delinquency, or reinstatement fee; or pays any
  876  tax liability, penalty, or interest specified in chapter 207 by
  877  a dishonored check, or if the vehicle owner or motor carrier has
  878  failed to pay a penalty for a weight or safety violation issued
  879  by the Department of Transportation or the Department of Highway
  880  Safety and Motor Vehicles. The Department of Transportation and
  881  the Department of Highway Safety and Motor Vehicles may impound
  882  any commercial motor vehicle that has a canceled license plate
  883  or fuel-use tax decal until the tax liability, penalty, and
  884  interest specified in chapter 207, the license tax, or the fuel
  885  use decal fee, and applicable administrative fees have been paid
  886  for by certified funds.
  887         (3) In the case of repossession, a mobile home or movable
  888  tiny home is exempt from registration when the dwelling is not
  889  transferred or titled for occupancy.
  890         Section 27. Section 320.19, Florida Statutes, is amended to
  891  read:
  892         320.19 Tax lien; enforcement.—The license tax required
  893  under this chapter, when not paid, constitutes a first lien upon
  894  the motor vehicle, or mobile home, or movable tiny home on which
  895  the tax is due. Such lien is superior to all other liens upon
  896  such motor vehicle, mobile home, or movable tiny home. If the
  897  amount of the license tax due remains unpaid for more than 30
  898  days, the department may, in addition to any other remedy
  899  provided by law, enforce the lien by issuance of a tax warrant.
  900  The sheriff or other person to whom such warrant is directed
  901  shall proceed upon the warrant in the manner and with like
  902  effect as is prescribed by law for executions issued against
  903  property upon judgments of record.
  904         Section 28. Subsection (1) of section 320.203, Florida
  905  Statutes, is amended to read:
  906         320.203 Disposition of biennial license tax moneys.—
  907         (1) Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or (b),
  908  (6), (7), (8), (9), (10), or (11), or (12), 320.08058, and
  909  328.76 and pursuant to s. 216.351, after the provisions of s.
  910  320.20(1), (2), (3), (4), and (5) are fulfilled, an amount equal
  911  to 50 percent of revenues collected from the biennial
  912  registrations created in s. 320.07 shall be retained in the
  913  Motor Vehicle License Clearing Trust Fund, authorized in s.
  914  215.32(2)(b)2.f., until July 1. After July 1 of the subsequent
  915  fiscal year, an amount equal to 50 percent of revenues collected
  916  from the biennial registrations created in s. 320.07 shall be
  917  distributed according to ss. 320.08(1), (2), (3), (4)(a) or (b),
  918  (6), (7), (8), (9), (10), or (11), or (12), 320.08058, 328.76,
  919  and 320.20(1), (2), (3), (4), and (5).
  920         Section 29. Section 320.26, Florida Statutes, is amended to
  921  read:
  922         320.26 Counterfeiting license plates, validation stickers,
  923  mobile home stickers, movable tiny home stickers, cab cards,
  924  trip permits, or special temporary operational permits
  925  prohibited; penalty.—
  926         (1)(a) A No person may not shall counterfeit registration
  927  license plates, validation stickers, or mobile home stickers, or
  928  movable tiny home stickers, or have in his or her possession any
  929  such plates or stickers; nor shall a any person manufacture,
  930  sell, or dispose of registration license plates, validation
  931  stickers, or mobile home stickers, or movable tiny home stickers
  932  in the state without first having obtained the permission and
  933  authority of the department in writing.
  934         (b) A No person may not shall counterfeit, alter, or
  935  manufacture International Registration Plan cab cards, trip
  936  permits, special temporary permits, or temporary operational
  937  permits; nor shall a any person sell or dispose of International
  938  Registration Plan cab cards, trip permits, special temporary
  939  permits, or temporary operational permits without first having
  940  obtained the permission and authority of the department in
  941  writing.
  942         (2) A Any person who violates this section commits is
  943  guilty of a felony of the third degree.
  944         (a) If the violator is a natural person, he or she is
  945  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  946         (b) If the violator is an association or corporation, it is
  947  punishable as provided in s. 775.083, and the official of the
  948  association or corporation under whose direction or with whose
  949  knowledge, consent, or acquiescence such violation occurred may
  950  be punished as provided in s. 775.082, in addition to the fine
  951  that which may be imposed upon such association or corporation.
  952         Section 30. Section 320.261, Florida Statutes, is amended
  953  to read:
  954         320.261 Attaching registration license plate not assigned
  955  unlawful; penalty.—A Any person who knowingly attaches to a any
  956  motor vehicle, or mobile home, or movable tiny home a any
  957  registration license plate, or who knowingly attaches a any
  958  validation sticker, or mobile home sticker, or movable tiny home
  959  sticker to a registration license plate, which plate or sticker
  960  was not issued and assigned or lawfully transferred to such
  961  motor vehicle, mobile home, or movable tiny home commits is
  962  guilty of a misdemeanor of the second degree, punishable as
  963  provided in s. 775.082 or s. 775.083.
  964         Section 31. Paragraph (b) of subsection (1) and paragraph
  965  (b) of subsection (9) of section 320.27, Florida Statutes, are
  966  amended to read:
  967         320.27 Motor vehicle dealers.—
  968         (1) DEFINITIONS.—The following words, terms, and phrases
  969  when used in this section have the meanings respectively
  970  ascribed to them in this subsection, except where the context
  971  clearly indicates a different meaning:
  972         (b) “Motor vehicle” means any motor vehicle of the type and
  973  kind required to be registered and titled under chapter 319 and
  974  this chapter, except a recreational vehicle, moped, motorcycle
  975  powered by a motor with a displacement of 50 cubic centimeters
  976  or less, or mobile home, or movable tiny home.
  977         (9) DENIAL, SUSPENSION, OR REVOCATION.—
  978         (b) The department may deny, suspend, or revoke any license
  979  issued hereunder or under the provisions of s. 320.77 or s.
  980  320.771 upon proof that a licensee has committed, with
  981  sufficient frequency so as to establish a pattern of wrongdoing
  982  on the part of a licensee, violations of one or more of the
  983  following activities:
  984         1. Representation that a demonstrator is a new motor
  985  vehicle, or the attempt to sell or the sale of a demonstrator as
  986  a new motor vehicle without written notice to the purchaser that
  987  the vehicle is a demonstrator. For the purposes of this section,
  988  a “demonstrator,” a “new motor vehicle,” and a “used motor
  989  vehicle” shall be defined as under s. 320.60.
  990         2. Unjustifiable refusal to comply with a licensee’s
  991  responsibility under the terms of the new motor vehicle warranty
  992  issued by its respective manufacturer, distributor, or importer.
  993  However, if such refusal is at the direction of the
  994  manufacturer, distributor, or importer, such refusal shall not
  995  be a ground under this section.
  996         3. Misrepresentation or false, deceptive, or misleading
  997  statements with regard to the sale or financing of motor
  998  vehicles which any motor vehicle dealer has, or causes to have,
  999  advertised, printed, displayed, published, distributed,
 1000  broadcast, televised, or made in any manner with regard to the
 1001  sale or financing of motor vehicles.
 1002         4. Failure by any motor vehicle dealer to provide a
 1003  customer or purchaser with an odometer disclosure statement and
 1004  a copy of any bona fide written, executed sales contract or
 1005  agreement of purchase connected with the purchase of the motor
 1006  vehicle purchased by the customer or purchaser.
 1007         5. Failure of any motor vehicle dealer to comply with the
 1008  terms of any bona fide written, executed agreement, pursuant to
 1009  the sale of a motor vehicle.
 1010         6. Failure to apply for transfer of a title as prescribed
 1011  in s. 319.23(6).
 1012         7. Use of the dealer license identification number by any
 1013  person other than the licensed dealer or his or her designee.
 1014         8. Failure to continually meet the requirements of the
 1015  licensure law.
 1016         9. Representation to a customer or any advertisement to the
 1017  public representing or suggesting that a motor vehicle is a new
 1018  motor vehicle if such vehicle lawfully cannot be titled in the
 1019  name of the customer or other member of the public by the seller
 1020  using a manufacturer’s statement of origin as permitted in s.
 1021  319.23(1).
 1022         10. Requirement by any motor vehicle dealer that a customer
 1023  or purchaser accept equipment on his or her motor vehicle which
 1024  was not ordered by the customer or purchaser.
 1025         11. Requirement by any motor vehicle dealer that any
 1026  customer or purchaser finance a motor vehicle with a specific
 1027  financial institution or company.
 1028         12. Requirement by any motor vehicle dealer that the
 1029  purchaser of a motor vehicle contract with the dealer for
 1030  physical damage insurance.
 1031         13. Perpetration of a fraud upon any person as a result of
 1032  dealing in motor vehicles, including, without limitation, the
 1033  misrepresentation to any person by the licensee of the
 1034  licensee’s relationship to any manufacturer, importer, or
 1035  distributor.
 1036         14. Violation of any of the provisions of s. 319.35 by any
 1037  motor vehicle dealer.
 1038         15. Sale by a motor vehicle dealer of a vehicle offered in
 1039  trade by a customer prior to consummation of the sale, exchange,
 1040  or transfer of a newly acquired vehicle to the customer, unless
 1041  the customer provides written authorization for the sale of the
 1042  trade-in vehicle prior to delivery of the newly acquired
 1043  vehicle.
 1044         16. Willful failure to comply with any administrative rule
 1045  adopted by the department or the provisions of s. 320.131(8).
 1046         17. Violation of chapter 319, this chapter, or ss. 559.901
 1047  559.9221, which has to do with dealing in or repairing motor
 1048  vehicles, or mobile homes, or movable tiny homes. Additionally,
 1049  in the case of used motor vehicles, the willful violation of the
 1050  federal law and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455,
 1051  pertaining to the consumer sales window form.
 1052         18. Failure to maintain evidence of notification to the
 1053  owner or co-owner of a vehicle regarding registration or titling
 1054  fees owed as required in s. 320.02(17).
 1055         19. Failure to register a mobile home salesperson or
 1056  movable tiny home salesperson with the department as required by
 1057  this section.
 1058         Section 32. Section 320.28, Florida Statutes, is amended to
 1059  read:
 1060         320.28 Nonresident dealers in secondhand motor vehicles,
 1061  recreational vehicles, movable tiny homes, or mobile homes.
 1062  Every dealer in used or secondhand motor vehicles, recreational
 1063  vehicles, movable tiny homes, or mobile homes who is a
 1064  nonresident of the state, does not have a permanent place of
 1065  business in this state, and has not qualified as a dealer under
 1066  the provisions of ss. 320.27, 320.77, and 320.771, and 320.772,
 1067  and any person other than a dealer qualified under the
 1068  provisions of said ss. 320.27, 320.77, and 320.771, and 320.772,
 1069  who brings any used or secondhand motor vehicle, recreational
 1070  vehicle, movable tiny home, or mobile home into the state for
 1071  the purpose of sale, except to a dealer licensed under the
 1072  provisions of ss. 320.27, 320.77, and 320.771, and 320.772,
 1073  shall, at least 10 days before prior to the sale of said
 1074  vehicle, the offering of said vehicle for sale, or the
 1075  advertising of said vehicle for sale of such vehicle, make and
 1076  file with the department the official application for a
 1077  certificate of title for such said vehicle as provided by law.
 1078  Any person who has had one or more transactions involving the
 1079  sale of three or more used or secondhand motor vehicles,
 1080  recreational vehicles, movable tiny homes, or mobile homes in
 1081  Florida during any 12-month period shall be deemed to be a
 1082  secondhand dealer in motor vehicles, recreational vehicles,
 1083  movable tiny homes, or mobile homes.
 1084         Section 33. Paragraph (c) of subsection (2) of section
 1085  320.37, Florida Statutes, is amended to read:
 1086         320.37 Registration not to apply to nonresidents.—
 1087         (2) The exemption granted by this section does not apply
 1088  to:
 1089         (c) Recreational vehicles, movable tiny homes, or mobile
 1090  homes located in this state for at least 6 consecutive months;
 1091  or
 1092         Section 34. Subsection (1) of section 320.71, Florida
 1093  Statutes, is amended to read:
 1094         320.71 Nonresident motor vehicle, mobile home, movable tiny
 1095  home, or recreational vehicle dealer’s license.—
 1096         (1) A Any person who is a nonresident of the state, who
 1097  does not have a dealer’s contract from the manufacturer or
 1098  manufacturer’s distributor of motor vehicles, mobile homes,
 1099  movable tiny homes, or recreational vehicles authorizing the
 1100  sale thereof in definite Florida territory, and who sells or
 1101  engages in the business of selling such said vehicles at retail
 1102  within the state shall register with the Department of Revenue
 1103  for a sales tax dealer registration number, and comply with
 1104  chapter 212, and pay a license tax of $2,000 per annum in each
 1105  county where such sales are made. Of such tax,; $1,250 of said
 1106  tax shall be transmitted to the Department of Financial Services
 1107  to be deposited in the General Revenue Fund of the state, and
 1108  $750 thereof shall be returned to the county. The license tax
 1109  shall cover the period from January 1 to the following December
 1110  31, and no such license may not shall be issued for any
 1111  fractional part of a year.
 1112         Section 35. Subsection (11) of section 320.771, Florida
 1113  Statutes, is amended, and subsection (18) is added to that
 1114  section, to read:
 1115         320.771 License required of recreational vehicle dealers.—
 1116         (11) SETUP OPERATIONS.—Each licensee may perform setup
 1117  operations only as defined in s. 320.822(16) s. 320.822, and the
 1118  department shall provide by rule for the uniform application of
 1119  all existing statutory provisions relating to licensing and
 1120  setup operations.
 1121         (18)MOVABLE TINY HOMES.—A licensed recreational vehicle
 1122  dealer may also sell movable tiny homes.
 1123         Section 36. Section 320.772, Florida Statutes, is created
 1124  to read:
 1125         320.772License required of movable tiny home dealers.—
 1126         (1)DEFINITIONS.—As used in this section, the term:
 1127         (a)1.“Dealer” means a person engaged in the business of
 1128  buying, selling, or dealing in movable tiny homes or offering or
 1129  displaying movable tiny homes for sale. The term “dealer”
 1130  includes a movable tiny home broker. A person who buys, sells,
 1131  deals in, or offers or displays for sale, or who acts as the
 1132  agent for the sale of, one or more movable tiny homes in any 12
 1133  month period shall be prima facie presumed to be a dealer. The
 1134  terms “selling” and “sale” include lease-purchase transactions.
 1135  The term “dealer” does not include banks, credit unions, and
 1136  finance companies that acquire movable tiny homes as an incident
 1137  to their regular business and does not include mobile home
 1138  rental and leasing companies that sell movable tiny homes to
 1139  dealers licensed under this section.
 1140         2.A licensed dealer may transact business in movable tiny
 1141  homes with a motor vehicle auction as defined in s.
 1142  320.27(1)(c)4. Further, a licensed dealer may, at retail or
 1143  wholesale, sell a motor vehicle, as described in s.
 1144  320.01(1)(a), acquired in exchange for the sale of a movable
 1145  tiny home if the acquisition is incidental to the principal
 1146  business of being a movable tiny home dealer. However, a movable
 1147  tiny home dealer may not buy a motor vehicle for the purpose of
 1148  resale unless licensed as a motor vehicle dealer pursuant to s.
 1149  320.27. A dealer may apply for a certificate of title to a
 1150  movable tiny home required to be registered under s. 320.08(12),
 1151  using a manufacturer’s statement of origin as permitted by s.
 1152  319.23(1), only if the dealer is authorized by a
 1153  manufacturer/dealer agreement, as defined in s. 320.3202, on
 1154  file with the department, to buy, sell, or deal in that
 1155  particular line-make of movable tiny home and the dealer is
 1156  authorized by the manufacturer/dealer agreement to perform
 1157  delivery and preparation obligations and warranty defect
 1158  adjustments on that line-make.
 1159         (b)“Movable tiny home broker” means a person who is
 1160  engaged in the business of offering to procure or procuring used
 1161  movable tiny homes for the general public; who holds himself or
 1162  herself out through solicitation, advertisement, or otherwise as
 1163  one who offers to procure or procures used movable tiny homes
 1164  for the general public; or who acts as the agent or intermediary
 1165  on behalf of the owner or seller of a used movable tiny home
 1166  that is for sale or who assists or represents the seller in
 1167  finding a buyer for the movable tiny home.
 1168         (2)LICENSE REQUIRED.—A person may not engage in business
 1169  as, or serve in the capacity of, a dealer in this state unless
 1170  such person possesses a valid, current license as provided in
 1171  this section. Motor vehicle dealers licensed under s. 320.27
 1172  shall not be required to obtain the license provided in this
 1173  section to sell motor vehicles as defined in s. 320.01(1)(b)4.,
 1174  5., and 6.
 1175         (3)APPLICATION.—The application for such license shall be
 1176  in the form prescribed by the department and subject to such
 1177  rules as may be prescribed by it. The application shall be
 1178  verified by oath or affirmation and shall contain:
 1179         (a)A full statement of the name and the date of birth of
 1180  the person or persons applying therefor.
 1181         (b)The name of the firm or copartnership with the names
 1182  and places of residence of all its members, if the applicant is
 1183  a firm or copartnership.
 1184         (c)The names and places of residence of the principal
 1185  officers, if the applicant is a body corporate or other
 1186  artificial body.
 1187         (d)The name of the state under the laws of which the
 1188  corporation is organized.
 1189         (e)The former place or places of residence of the
 1190  applicant.
 1191         (f)The prior businesses in which the applicant has been
 1192  engaged, the dates during which the applicant was engaged in
 1193  such businesses, and the locations thereof.
 1194         (g)A description of the exact location of the place of
 1195  business, when it was acquired, and whether it is owned in fee
 1196  simple by the applicant. If leased, a true copy of the lease
 1197  shall be attached to the application.
 1198         (h)Certification by the applicant that the location is a
 1199  permanent one, not a tent or a temporary stand or other
 1200  temporary quarters; that the location affords sufficient
 1201  unoccupied space to store all movable tiny homes offered and
 1202  displayed for sale; and that the location is a suitable place in
 1203  which the applicant can in good faith carry on business and keep
 1204  and maintain books, records, and files necessary to conduct such
 1205  business, which will be available at all reasonable hours to
 1206  inspection by the department or any of its inspectors or other
 1207  employees.
 1208         (i)Certification by the applicant that the business of a
 1209  movable tiny home dealer is the principal business that shall be
 1210  conducted at that location; however, this paragraph does not
 1211  apply to movable tiny home or mobile home park operators
 1212  licensed as mobile home or movable tiny home dealers.
 1213         (j)A statement that the applicant is insured under a
 1214  garage liability insurance policy, which shall include, at a
 1215  minimum, $25,000 combined single-limit liability coverage,
 1216  including bodily injury and property damage protection, and
 1217  $10,000 personal injury protection, if the applicant is to be
 1218  licensed as a dealer in, or intends to sell, movable tiny homes.
 1219  However, a garage liability policy is not required for the
 1220  licensure of a mobile home dealer who sells only park trailers.
 1221         (k)A statement that the applicant for a movable tiny home
 1222  license issued pursuant to this section has not and will not
 1223  enter into any agreements, written or oral, with any other
 1224  person or business entity which would constitute an unfair or
 1225  deceptive trade practice in violation of part II of chapter 501.
 1226         (l)Such other relevant information as may be required by
 1227  the department. Each applicant, general partner in the case of a
 1228  partnership, or corporate officer and director in the case of a
 1229  corporate applicant must file a set of fingerprints with the
 1230  department for the purpose of determining any prior criminal
 1231  record or any outstanding warrants. The department shall submit
 1232  the fingerprinting to the Department of Law Enforcement for
 1233  state processing and forwarding to the Federal Bureau of
 1234  Investigation for federal processing. The department may issue a
 1235  license to an applicant pending the results of the fingerprint
 1236  investigation, which license is fully revocable if the
 1237  department subsequently determines that any facts set forth in
 1238  the application are not true or correctly represented.
 1239  
 1240  The department shall, if it deems necessary, cause an
 1241  investigation to be made to ascertain whether the facts set
 1242  forth in the application are true and shall not issue a license
 1243  to the applicant until it is satisfied that the facts set forth
 1244  in the application are true.
 1245         (4)DENIAL OF LICENSE.—The department may deny any
 1246  applicant a license on the ground that:
 1247         (a)The applicant has made a material misstatement in the
 1248  application for a license.
 1249         (b)The applicant has failed to comply with any applicable
 1250  provision of this chapter.
 1251         (c)The applicant has failed to provide warranty service.
 1252         (d)The applicant or one or more of the applicant’s
 1253  principals or agents has violated any law, rule, or regulation
 1254  relating to the sale of movable tiny homes.
 1255         (e)The department has proof of unfitness of the applicant.
 1256         (f)The applicant has engaged in previous conduct in any
 1257  state which would have been a ground for revocation or
 1258  suspension of a license in this state.
 1259         (g)The applicant has violated any of the provisions of the
 1260  National Mobile Home Construction and Safety Standards Act of
 1261  1974 or any rule or regulation of the Department of Housing and
 1262  Urban Development adopted thereunder.
 1263  
 1264  Upon denial of a license, the department shall notify the
 1265  applicant within 10 days, stating in writing its grounds for
 1266  denial. The applicant is entitled to a public hearing and may
 1267  request that such hearing be held within 45 days after denial of
 1268  the license. All proceedings shall be pursuant to chapter 120.
 1269         (5)LICENSE CERTIFICATE.—A license certificate shall be
 1270  issued by the department in accordance with the application when
 1271  the application is regular in form and in compliance with this
 1272  section. The license certificate may be in the form of a
 1273  document or a computerized card as determined by the department.
 1274  The license, when issued, shall entitle the licensee to carry on
 1275  and conduct the business of a movable tiny home dealer at the
 1276  location set forth in the license for 1 or 2 years from October
 1277  1 preceding the date of issuance. Each initial application
 1278  received by the department shall be accompanied by verification
 1279  that, within the preceding 6 months, the applicant or one or
 1280  more of his or her designated employees has attended a training
 1281  and information seminar conducted by the department or by a
 1282  public or private provider approved by the department. Such
 1283  seminar shall include, but not be limited to, statutory dealer
 1284  requirements, which requirements include required bookkeeping
 1285  and recording procedures, requirements for the collection of
 1286  sales and use taxes, and such other information that in the
 1287  opinion of the department will promote good business practices.
 1288         (6)SUPPLEMENTAL LICENSE.—A person licensed under this
 1289  section shall be entitled to operate one or more additional
 1290  places of business under a supplemental license for each such
 1291  business if the ownership of each such business is identical to
 1292  that of the principal business for which the original license is
 1293  issued. Each supplemental license shall run concurrently with
 1294  the original license and shall be issued upon application by the
 1295  licensee on a form to be furnished by the department. Only one
 1296  licensed dealer shall operate at the same place of business. A
 1297  supplemental license authorizing off-premises sales shall be
 1298  issued, at no charge to the dealer, for up to 10 consecutive
 1299  days. A licensed dealer who conducts an off-premises sale not in
 1300  conjunction with a public vehicle show, as defined in s.
 1301  320.3203(5)(c), shall:
 1302         (a)Notify the applicable local department office of the
 1303  specific dates and location for which such license is requested.
 1304         (b)Provide staff to work at the temporary location for the
 1305  duration of the off-premises sale.
 1306         (c)Meet all local government permit requirements.
 1307         (d)Have the permission of the property owner to operate at
 1308  that location.
 1309         (e)Conspicuously display a sign at the licensed location
 1310  which clearly identifies the dealer’s name and business address
 1311  as listed on the dealer’s original license.
 1312         (f)Prominently include the dealer’s name and business
 1313  address, as listed on the dealer’s original license, in all
 1314  advertisements associated with such sale.
 1315         (7)LICENSE ENDORSEMENT.—A mobile home dealer licensed
 1316  under s. 320.77 may apply to the department for authority to
 1317  sell movable tiny homes. The mobile home dealer shall file an
 1318  application required by this section and shall be governed by
 1319  the licensing provisions contained in this section. Additional
 1320  license fees or bond shall not be required for issuance of this
 1321  endorsement to the mobile home dealer’s license.
 1322         (8)RECORDS TO BE KEPT BY LICENSEE.—Each licensee shall
 1323  keep records in such form as shall be prescribed by the
 1324  department. Such records shall include:
 1325         (a)A record of the purchase, sale, or exchange, or receipt
 1326  for the purpose of sale, of any movable tiny home.
 1327         (b)The description of each such movable tiny home,
 1328  including the identification or serial number and such other
 1329  numbers or identification marks as may be thereon, and a
 1330  statement that a number has been obliterated, defaced, or
 1331  changed, if such fact is apparent.
 1332         (c)The name and address of the seller, the purchaser, and
 1333  the alleged owner or other person from whom the movable tiny
 1334  home was purchased or received and the person to whom it was
 1335  sold or delivered, as the case may be.
 1336         (9)EVIDENCE OF TITLE REQUIRED.—
 1337         (a)The licensee shall also have in his or her possession
 1338  for each new movable tiny home a manufacturer’s invoice or
 1339  statement of origin.
 1340         (b)For each used movable tiny home in the possession of a
 1341  licensee and offered for sale by him or her, the licensee shall
 1342  have in his or her possession or control a duly assigned
 1343  certificate of title from the owner in accordance with chapter
 1344  319, or a registration certificate if the used movable tiny home
 1345  was previously registered in a nontitle state, from the time
 1346  when the movable tiny home is delivered to the licensee and
 1347  offered for sale by him or her until it has been disposed of by
 1348  the licensee, or shall have reasonable indicia of ownership or
 1349  right of possession, or shall have made proper application for a
 1350  certificate of title or duplicate certificate of title in
 1351  accordance with chapter 319. A dealer may not sell or offer for
 1352  sale a movable tiny home in his or her possession unless the
 1353  dealer satisfies the requirements of this subsection. Reasonable
 1354  indicia of ownership includes a duly assigned certificate of
 1355  title; in the case of a new movable tiny home, a manufacturer’s
 1356  certificate of origin issued to or reassigned to the dealer; a
 1357  consignment contract between the owner and the dealer along with
 1358  a secure power of attorney from the owner to the dealer
 1359  authorizing the dealer to apply for a duplicate certificate of
 1360  title and assign the title on behalf of the owner; a court order
 1361  awarding title to the movable tiny home to the dealer; a salvage
 1362  certificate of title; a photocopy of a duly assigned certificate
 1363  of title being held by a financial institution as collateral for
 1364  a business loan of money to the dealer (“floor plan”); a copy of
 1365  a canceled check or other documentation evidencing that an
 1366  outstanding lien on a movable tiny home taken in trade by a
 1367  licensed dealer has been satisfied and that the certificate of
 1368  title will be, but has not yet been, received by the dealer; or
 1369  a vehicle purchase order or installment contract for a specific
 1370  movable tiny home identifying that movable tiny home as a trade
 1371  in on a replacement movable tiny home.
 1372         (10)SETUP OPERATIONS.—Each licensee may perform setup
 1373  operations only as defined in s. 320.822(16), and the department
 1374  shall provide by rule for the uniform application of all
 1375  existing statutory provisions relating to licensing and setup
 1376  operations.
 1377         (11)PENALTY.—A violation of this section is a misdemeanor
 1378  of the second degree, punishable as provided in s. 775.082 or s.
 1379  775.083.
 1380         (12)INJUNCTION.—In addition to the remedies provided in
 1381  this chapter, and notwithstanding the existence of any adequate
 1382  remedy at law, the department may make application to a circuit
 1383  court of the state, and the circuit court shall have
 1384  jurisdiction, upon a hearing and for cause shown, to grant a
 1385  temporary or permanent injunction restraining a person from
 1386  acting as a movable tiny home dealer under this section who is
 1387  not properly licensed or who violates or fails or refuses to
 1388  comply with any of the provisions of chapter 319 and this
 1389  chapter or any rule or regulation adopted thereunder. Such
 1390  injunction shall be issued without bond. A single act in
 1391  violation of chapter 319 or this chapter shall be sufficient to
 1392  authorize the issuance of an injunction.
 1393         (13)SUSPENSION OR REVOCATION.—The department shall, as it
 1394  deems necessary, suspend or revoke a license issued under this
 1395  section upon a finding that the licensee violated any provision
 1396  of this section or of any other law of this state having to do
 1397  with dealing in movable tiny homes or perpetrated a fraud upon a
 1398  person as a result of such dealing in movable tiny homes.
 1399         (14)ADMINISTRATIVE FINES.—In addition to the exercise of
 1400  other powers provided in this section, the department may
 1401  assess, impose, levy, and collect by legal process fines, in an
 1402  amount not to exceed $1,000 for each violation, against a
 1403  licensee if it finds that the licensee has violated any
 1404  provision of this section or any other law of this state having
 1405  to do with dealing in movable tiny homes. A licensee is entitled
 1406  to a hearing pursuant to chapter 120 should the licensee wish to
 1407  contest the fine levied, or about to be levied, upon him or her.
 1408         (15)BOND.—
 1409         (a)Before a license is issued or renewed, the applicant
 1410  shall deliver to the department a good and sufficient surety
 1411  bond, executed by the applicant as principal and by a surety
 1412  company qualified to do business in the state as surety. The
 1413  bond shall be in a form to be approved by the department and
 1414  shall be conditioned upon the dealer’s complying with the
 1415  conditions of any written contract made by that dealer in
 1416  connection with the sale, exchange, or improvement of any
 1417  movable tiny home and his or her not violating any of the
 1418  provisions of chapter 319 or this chapter in the conduct of the
 1419  business for which he or she is licensed. The bond shall be to
 1420  the department and in favor of any retail customer who suffers
 1421  any loss as a result of any violation of the conditions
 1422  hereinabove contained. The bond shall be for the license period,
 1423  and a new bond or a proper continuation certificate shall be
 1424  delivered to the department at the beginning of each license
 1425  period. However, the aggregate liability of the surety in any
 1426  one license year shall in no event exceed the sum of such bond.
 1427  The amount of the bond required shall be as follows:
 1428         1.A single dealer who buys, sells, or deals in movable
 1429  tiny homes and has four or fewer supplemental licenses shall
 1430  provide a surety bond in the amount of $10,000.
 1431         2.A single dealer who buys, sells, or deals in movable
 1432  tiny homes and has more than four supplemental licenses shall
 1433  provide a surety bond in the amount of $20,000.
 1434  
 1435  For purposes of this paragraph, a person who buys, sells, or
 1436  deals in both mobile homes and movable tiny homes shall provide
 1437  the same surety bond required of dealers who buy, sell, or deal
 1438  in mobile homes only.
 1439         (b)The department shall, upon denial, suspension, or
 1440  revocation of a license, notify the surety company of the
 1441  licensee, in writing, that the license has been denied,
 1442  suspended, or revoked and shall state the reason for such
 1443  denial, suspension, or revocation.
 1444         (c)A surety company that pays a claim against the bond of
 1445  a licensee shall notify the department, in writing, that it has
 1446  paid such a claim and shall state the amount of the claim.
 1447         (d)A surety company that cancels the bond of a licensee
 1448  shall notify the department, in writing, of such cancellation
 1449  and shall state the reason for the cancellation.
 1450         (16)PROHIBITED COMMISSION SHARING.—In accordance with s.
 1451  626.753, a dealer or movable tiny home broker, as defined in
 1452  this section, who is not a licensed insurance agent may not
 1453  share in the commission on the sale of insurance coverage on the
 1454  types of movable tiny homes defined in s. 320.01(46) by the
 1455  creation of a foreign partnership, corporation, or other entity
 1456  that is controlled by a person or entity not licensed as an
 1457  insurance agent.
 1458         Section 37. Section 320.781, Florida Statutes, is amended
 1459  to read:
 1460         320.781 Mobile Home, Movable Tiny Home, and Recreational
 1461  Vehicle Protection Trust Fund.—
 1462         (1) There is hereby established a Mobile Home, Movable Tiny
 1463  Home, and Recreational Vehicle Protection Trust Fund. The trust
 1464  fund shall be administered and managed by the Department of
 1465  Highway Safety and Motor Vehicles. The expenses incurred by the
 1466  department in administering this section shall be paid only from
 1467  appropriations made from the trust fund.
 1468         (2) Beginning October 1, 1990, The department shall charge
 1469  and collect an additional fee of $1 for each new mobile home,
 1470  new movable tiny home, and new recreational vehicle title
 1471  transaction for which it charges a fee. This additional fee
 1472  shall be deposited into the trust fund. The Department of
 1473  Highway Safety and Motor Vehicles shall charge a fee of $40 per
 1474  annual dealer and manufacturer license and license renewal,
 1475  which shall be deposited into the trust fund. The sums deposited
 1476  in the trust fund shall be used exclusively for carrying out the
 1477  purposes of this section. These sums may be invested and
 1478  reinvested by the Chief Financial Officer under the same
 1479  limitations as apply to investment of other state funds, with
 1480  all interest from these investments deposited to the credit of
 1481  the trust fund.
 1482         (3) The trust fund shall be used to satisfy any judgment or
 1483  claim by any person, as provided by this section, against a
 1484  mobile home, movable tiny home, or recreational vehicle dealer
 1485  or broker for damages, restitution, or expenses, including
 1486  reasonable attorney attorney’s fees, resulting from a cause of
 1487  action directly related to the conditions of any written
 1488  contract made by him or her in connection with the sale,
 1489  exchange, or improvement of any mobile home, movable tiny home,
 1490  or recreational vehicle, or for any violation of chapter 319 or
 1491  this chapter.
 1492         (4) The trust fund shall not be liable for any judgment, or
 1493  part thereof, resulting from any tort claim except as expressly
 1494  provided in subsection (3), nor for any punitive, exemplary,
 1495  double, or treble damages. A person, the state, or any political
 1496  subdivision thereof may recover against the mobile home, movable
 1497  tiny home, or recreational vehicle dealer, broker, or surety,
 1498  jointly and severally, for such damages, restitution, or
 1499  expenses.; provided, However, that in no event shall the trust
 1500  fund or the surety shall not be liable for an amount in excess
 1501  of actual damages, restitution, or expenses.
 1502         (5) Subject to the limitations and requirements of this
 1503  section, the trust fund shall be used by the department to
 1504  compensate persons who have unsatisfied judgments, or in certain
 1505  limited circumstances unsatisfied claims, against a mobile home,
 1506  movable tiny home, or recreational vehicle dealer or broker. The
 1507  following conditions must exist for a person to be eligible to
 1508  file a claim against the trust fund:
 1509         (a) The claimant has obtained a final judgment that is
 1510  unsatisfied against the mobile home, movable tiny home, or
 1511  recreational vehicle dealer or broker or its surety jointly and
 1512  severally, or against the mobile home or movable tiny home
 1513  dealer or broker only, if the court found that the surety was
 1514  not liable due to prior payment of valid claims against the bond
 1515  in an amount equal to, or greater than, the face amount of the
 1516  applicable bond; or the claimant is prohibited from filing a
 1517  claim in a lawsuit because a bankruptcy proceeding is pending by
 1518  the dealer or broker, and the claimant has filed a claim in that
 1519  bankruptcy proceeding; or the dealer or broker has closed his or
 1520  her business and cannot be found or located within the
 1521  jurisdiction of the state; and
 1522         (b) A claim has been made in a lawsuit against the surety
 1523  and a judgment obtained is unsatisfied; a claim has been made in
 1524  a lawsuit against the surety which has been stayed or discharged
 1525  in a bankruptcy proceeding; or a claimant is prohibited from
 1526  filing a claim in a lawsuit because a bankruptcy proceeding is
 1527  pending by surety or the surety is not liable due to the prior
 1528  payment of valid claims against the bond in an amount equal to,
 1529  or greater than, the face amount of the applicable bond.
 1530  However, a claimant may not recover against the trust fund if
 1531  the claimant has recovered from the surety an amount that is
 1532  equal to or greater than the total loss.
 1533         (6) In order to recover from the trust fund, the person
 1534  must file an application and verified claim with the department.
 1535         (a) If the claimant has obtained a judgment that is
 1536  unsatisfied against the mobile home, movable tiny home, or
 1537  recreational vehicle dealer or broker or its surety as set forth
 1538  in this section, the verified claim must specify the following:
 1539         1.a. That the judgment against the mobile home, movable
 1540  tiny home, or recreational vehicle dealer or broker and its
 1541  surety has been entered; or
 1542         b. That the judgment against the mobile home, movable tiny
 1543  home, or recreational vehicle dealer or broker contains a
 1544  specific finding that the surety has no liability, that
 1545  execution has been returned unsatisfied, and that a judgment
 1546  lien has been perfected;
 1547         2. The amount of actual damages broken down by category as
 1548  awarded by the court or jury in the cause which resulted in the
 1549  unsatisfied judgment, and the amount of attorney attorney’s fees
 1550  set forth in the unsatisfied judgment;
 1551         3. The amount of payment or other consideration received,
 1552  if any, from the mobile home, movable tiny home, or recreational
 1553  vehicle dealer or broker or its surety;
 1554         4. The amount that may be realized, if any, from the sale
 1555  of real or personal property or other assets of the judgment
 1556  debtor liable to be sold or applied in satisfaction of the
 1557  judgment and the balance remaining due on the judgment after
 1558  application of the amount which has been realized and a
 1559  certification that the claimant has made a good faith effort to
 1560  collect the judgment;
 1561         5. An assignment by the claimant of rights, title, or
 1562  interest in the unsatisfied judgment lien to the department; and
 1563         6. Such other information as the department requires.
 1564         (b) If the claimant has alleged a claim as set forth in
 1565  paragraph (5)(a) and for the reasons set forth therein has not
 1566  been able to secure a judgment, the verified claim must contain
 1567  the following:
 1568         1. A true copy of the pleadings in the lawsuit that was
 1569  stayed or discharged by the bankruptcy court and the order of
 1570  the bankruptcy court staying those proceedings or a true copy of
 1571  the claim that was filed in the bankruptcy court proceedings;
 1572         2. Allegations of the acts or omissions by the mobile home,
 1573  movable tiny home, or recreational vehicle dealer or broker
 1574  setting forth the specific acts or omissions complained of which
 1575  resulted in actual damage to the person, along with the actual
 1576  dollar amount necessary to reimburse or compensate the person
 1577  for costs or expenses resulting from the acts or omissions of
 1578  which the person complained;
 1579         3. True copies of all purchase agreements, notices, service
 1580  or repair orders or papers or documents of any kind whatsoever
 1581  which the person received in connection with the purchase,
 1582  exchange, or lease-purchase of the mobile home, movable tiny
 1583  home, or recreational vehicle from which the person’s cause of
 1584  action arises;
 1585         4. An assignment by the claimant of rights, title, or
 1586  interest in the claim to the department; and
 1587         5. Such other information as the department requires.
 1588         (c) The department may require such proof as it deems
 1589  necessary to document the matters set forth in the claim.
 1590         (7) Within 90 days after receipt of the application and
 1591  verified claim, the department shall issue its determination on
 1592  the claim. Such determination shall not be subject to the
 1593  provisions of chapter 120, but shall be reviewable only by writ
 1594  of certiorari in the circuit court in the county in which the
 1595  claimant resides in the manner and within the time provided by
 1596  the Florida Rules of Appellate Procedure. The claim must be paid
 1597  within 45 days after the determination, or, if judicial review
 1598  is sought, within 45 days after the review becomes final. A
 1599  person may not be paid an amount from the fund in excess of
 1600  $25,000 per mobile home, movable tiny home, or recreational
 1601  vehicle, which includes any damages, restitution, payments
 1602  received as the result of a claim against the surety bond, or
 1603  expenses, including reasonable attorney attorney’s fees. Before
 1604  Prior to payment, the person must execute an assignment to the
 1605  department of all the person’s rights and title to, and interest
 1606  in, the unsatisfied judgment and judgment lien or the claim
 1607  against the dealer or broker and its surety.
 1608         (8) The department, in its discretion and where feasible,
 1609  may try to recover from the mobile home, movable tiny home, or
 1610  recreational vehicle dealer or broker, or the judgment debtor or
 1611  its surety, all sums paid to persons from the trust fund. Any
 1612  sums recovered shall be deposited to the credit of the trust
 1613  fund. The department shall be awarded a reasonable attorney
 1614  attorney’s fee for all actions taken to recover any sums paid to
 1615  persons from the trust fund pursuant to this section.
 1616         (9) This section does not apply to any claim, and a person
 1617  may not recover against the trust fund as the result of any
 1618  claim, against a mobile home, movable tiny home, or recreational
 1619  vehicle dealer or broker resulting from a cause of action
 1620  directly related to the sale, lease-purchase, exchange,
 1621  brokerage, or installation of a mobile home, movable tiny home,
 1622  or recreational vehicle before prior to July 1, 2006.
 1623         (10) Neither the department, nor the trust fund shall be
 1624  liable to any person for recovery if the trust fund does not
 1625  have the moneys necessary to pay amounts claimed. If the trust
 1626  fund does not have sufficient assets to pay the claimant, it
 1627  shall log the time and date of its determination for payment to
 1628  a claimant. If moneys become available, the department shall pay
 1629  the claimant whose unpaid claim is the earliest by time and date
 1630  of determination.
 1631         (11) A It is unlawful for any person or his or her agent
 1632  may not to file a any notice, statement, or other document
 1633  required under this section which is false or contains any
 1634  material misstatement of fact. A Any person who violates this
 1635  subsection commits is guilty of a misdemeanor of the second
 1636  degree, punishable as provided in s. 775.082 or s. 775.083.
 1637         Section 38. Section 320.822, Florida Statutes, is amended
 1638  to read:
 1639         320.822 Definitions; ss. 320.822-320.862.—In construing ss.
 1640  320.822-320.862, unless the context otherwise requires, the
 1641  following words or phrases have the following meanings:
 1642         (1) “Buyer” means a person who purchases at retail from a
 1643  dealer or manufacturer a mobile home, movable tiny home, or
 1644  recreational vehicle for his or her own use as a residence, or
 1645  other related use.
 1646         (2) “Code” means the appropriate standards found in:
 1647         (a) The Federal Manufactured Housing Construction and
 1648  Safety Standards for single-family mobile homes, adopted
 1649  promulgated by the Department of Housing and Urban Development;
 1650         (b) The Uniform Standards Code approved by the American
 1651  National Standards Institute, ANSI A-119.2 for recreational
 1652  vehicles and ANSI A-119.5 for park trailers or the United States
 1653  Department of Housing and Urban Development standard for park
 1654  trailers certified as meeting that standard; or
 1655         (c) The Mobile and Manufactured Home Repair and Remodeling
 1656  Code and the Used Recreational Vehicle Code; or
 1657         (d)Code requirements specified in s. 320.82315 for movable
 1658  tiny homes certified to meet those standards.
 1659         (3) “Construction” means the minimum requirements for
 1660  materials, products, equipment, and workmanship needed to ensure
 1661  assure that the mobile home, movable tiny home, or recreational
 1662  vehicle will provide structural strength and rigidity;
 1663  protection against corrosion, decay, and other similar
 1664  destructive forces; resistance to the elements; and durability
 1665  and economy of maintenance.
 1666         (4) “Institute” means the United States of America
 1667  Standards Institute.
 1668         (5) “Length,” for purposes of transportation only, means
 1669  the distance from the extreme front of the mobile home, movable
 1670  tiny home, or recreational vehicle, to the extreme rear,
 1671  including the drawbar and coupling mechanism, but not including
 1672  expandable features that do not project from the body during
 1673  transportation.
 1674         (6) “Length of a mobile home or movable tiny home” means
 1675  the distance from the exterior of the front wall (nearest to the
 1676  drawbar and coupling mechanism) to the exterior of the rear wall
 1677  (at the opposite end of the home) where such walls enclose
 1678  living or other interior space and such distance includes
 1679  expandable rooms but not bay windows, porches, drawbars,
 1680  couplings, hitches, wall and roof extensions, or other
 1681  attachments.
 1682         (7) “Licensee” means a any person licensed or required to
 1683  be licensed under s. 320.8225.
 1684         (8) “Mobile home dealer” means a any person engaged in the
 1685  business of buying, selling, or dealing in mobile homes or
 1686  offering or displaying mobile homes for sale. A Any person who
 1687  buys, sells, or deals in one or more mobile homes in any 12
 1688  month period or who offers or displays for sale one or more
 1689  mobile homes in any 12-month period shall be prima facie
 1690  presumed to be engaged in the business of a mobile home dealer.
 1691  The terms “selling” and “sale” include lease-purchase
 1692  transactions. The term “mobile home dealer” does not include a
 1693  bank, credit union, or finance company that acquires mobile
 1694  homes as an incident to its regular business, does not include a
 1695  mobile home rental or leasing company that sells mobile homes to
 1696  mobile home dealers licensed under s. 320.77, and does not
 1697  include persons who are selling their own mobile homes.
 1698         (9)“Movable tiny home dealer” means a person engaged in
 1699  the business of buying, selling, or dealing in movable tiny
 1700  homes or offering or displaying movable tiny homes for sale. The
 1701  term “dealer” includes a movable tiny home broker. A person who
 1702  buys, sells, deals in, or offers or displays for sale, or who
 1703  acts as the agent for the sale of, one or more movable tiny
 1704  homes in any 12-month period shall be prima facie presumed to be
 1705  a dealer. The terms “selling” and “sale” include lease-purchase
 1706  transactions. The term “dealer” does not include banks, credit
 1707  unions, and finance companies that acquire movable tiny homes as
 1708  an incident to their regular business and does not include
 1709  mobile home rental and leasing companies that sell movable tiny
 1710  homes to dealers licensed under s. 320.772.
 1711         (10)(9) “Recreational vehicle dealer” means a any person
 1712  engaged in the business of buying, selling, or dealing in
 1713  recreational vehicles or offering or displaying recreational
 1714  vehicles for sale. The term “dealer” includes a recreational
 1715  vehicle broker. A Any person who buys, sells, deals in, or
 1716  offers or displays for sale, or who acts as the agent for the
 1717  sale of, one or more recreational vehicles in any 12-month
 1718  period shall be prima facie presumed to be a dealer. The terms
 1719  “selling” and “sale” include lease-purchase transactions. The
 1720  term “dealer” does not include banks, credit unions, and finance
 1721  companies that acquire recreational vehicles as an incident to
 1722  their regular business and does not include mobile home rental
 1723  and leasing companies that sell recreational vehicles to dealers
 1724  licensed under s. 320.771.
 1725         (11)(10) “Mobile home manufacturer” means a any person,
 1726  resident or nonresident, who, as a trade or commerce,
 1727  manufactures or assembles mobile homes.
 1728         (12)“Movable tiny home manufacturer” means a person,
 1729  resident or nonresident, who, as a trade or commerce,
 1730  manufactures or assembles movable tiny homes in such manner that
 1731  they then qualify as movable tiny homes for sale in this state.
 1732         (13)(11) “Recreational vehicle manufacturer” means a any
 1733  person, resident or nonresident, who, as a trade or commerce,
 1734  manufactures or assembles recreational vehicles or van-type
 1735  vehicles in such manner that they then qualify as recreational
 1736  vehicles, for sale in this state.
 1737         (14)(12) “Responsible party” means a manufacturer, dealer,
 1738  or supplier.
 1739         (15)(13) “Seal” or “label” means a device issued by the
 1740  department certifying that a mobile home, movable tiny home, or
 1741  recreational vehicle meets the appropriate code, which device is
 1742  to be displayed on the exterior of the mobile home, movable tiny
 1743  home, or recreational vehicle.
 1744         (16)(14) “Setup” or “installation” means the operations
 1745  performed at the occupancy site which render a mobile home,
 1746  movable tiny home, or park trailer fit for habitation. Such
 1747  operations include, but are not limited to, transporting;
 1748  positioning; blocking; leveling, supporting, installing
 1749  foundation products, components, and systems; connecting utility
 1750  systems; making minor adjustments; or assembling multiple or
 1751  expandable units.
 1752         (17)(15) “Substantial defect” means:
 1753         (a) A Any substantial deficiency or defect in materials or
 1754  workmanship occurring to a mobile home, movable tiny home, or
 1755  recreational vehicle which has been reasonably maintained and
 1756  cared for in normal use.
 1757         (b) A Any structural element, utility system, or component
 1758  of the mobile home, movable tiny home, or recreational vehicle,
 1759  which fails to comply with the code.
 1760         (18)(16) “Supplier” means the original producer of
 1761  completed components, including refrigerators, stoves, hot water
 1762  heaters, dishwashers, cabinets, air conditioners, heating units,
 1763  and similar components, which are furnished to a manufacturer or
 1764  dealer for installation in the mobile home, movable tiny home,
 1765  or recreational vehicle before prior to sale to a buyer.
 1766         (19)(17) “Width of a mobile home or movable tiny home”
 1767  means the distance from the exterior of one side wall to the
 1768  exterior of the opposite side wall where such walls enclose
 1769  living or other interior space and such distance includes
 1770  expandable rooms but not bay windows, porches, wall and roof
 1771  extensions, or other attachments.
 1772         (20)(18) “Body size” of a movable tiny home, park trailer,
 1773  travel trailer, or fifth-wheel trailer means the distance from
 1774  the exterior side or end to the opposite exterior side or end of
 1775  the body. Such distance includes expandable rooms, bay windows,
 1776  wall and roof extensions, or other extrusions in the travel
 1777  mode. The following exceptions apply:
 1778         (a) Travel trailers may shall not exceed 320 square feet.
 1779  All square footage measurements are of the exterior when in
 1780  setup mode, including bay windows.
 1781         (b) Park trailers constructed to ANSI A-119.5 may shall not
 1782  exceed 400 square feet. Park trailers constructed to the United
 1783  States Department of Housing and Urban Development standard may
 1784  shall not exceed 500 square feet. All square footage
 1785  measurements are of the exterior when in setup mode and do not
 1786  include bay windows.
 1787         (c) Fifth-wheel trailers may not exceed 400 square feet.
 1788  All square footage measurements are of the exterior when in
 1789  setup mode, including bay windows.
 1790         (d)Movable tiny homes constructed to code requirements
 1791  specified in s. 320.82315 may not exceed 400 square feet.
 1792  Movable tiny homes constructed to the United States Department
 1793  of Housing and Urban Development standard may not exceed 500
 1794  square feet. All square footage measurements are of the exterior
 1795  when in setup mode and do not include bay windows.
 1796         Section 39. Subsection (1), paragraph (b) of subsection
 1797  (5), and subsections (6), (7), and (8) of section 320.8225,
 1798  Florida Statutes, are amended to read:
 1799         320.8225 Mobile home, movable tiny home, and recreational
 1800  vehicle manufacturer, distributor, and importer license.—
 1801         (1) LICENSE REQUIRED.—A Any person who engages in the
 1802  business of a mobile home manufacturer, a movable tiny home
 1803  manufacturer, or a recreational vehicle manufacturer,
 1804  distributor, or importer in this state, or who manufactures
 1805  mobile homes, movable tiny homes, or recreational vehicles out
 1806  of state which are ultimately offered for sale in this state,
 1807  shall obtain annually a license for each factory location in
 1808  this state and for each factory location out of state which
 1809  manufactures mobile homes, movable tiny homes, or recreational
 1810  vehicles for sale in this state before, prior to distributing or
 1811  importing mobile homes, movable tiny homes, or recreational
 1812  vehicles for sale in this state.
 1813         (5) REQUIREMENT OF ASSURANCE.—
 1814         (b) Annually, before prior to the receipt of a license to
 1815  manufacture, distribute, or import recreational vehicles or
 1816  movable tiny homes, the applicant or licensee shall submit a
 1817  surety bond, or a proper continuation certificate, sufficient to
 1818  assure satisfaction of claims against the licensee for failure
 1819  to comply with appropriate code standards, failure to provide
 1820  warranty service, or violation of any provisions of this
 1821  section. The amount of the surety bond must be $10,000 per year.
 1822  The surety bond must be to the department, in favor of any
 1823  retail customer who suffers loss arising out of noncompliance
 1824  with code standards or failure to honor or provide warranty
 1825  service. The department may disapprove any bond that does not
 1826  provide assurance as provided in this section. Within 10
 1827  calendar days after any renewal or continuation of or material
 1828  change in such surety bond or issuance of a new surety bond, a
 1829  licensee shall deliver to the department, in a manner prescribed
 1830  by the department, a copy of such renewed, continued, changed,
 1831  or new surety bond.
 1832         (6) LICENSE PERIOD.—A license issued to a mobile home
 1833  manufacturer, a movable tiny home manufacturer, or a
 1834  recreational vehicle manufacturer, distributor, or importer
 1835  entitles the licensee to conduct business for a period of 1 or 2
 1836  years beginning October 1 preceding the date of issuance.
 1837         (7) DENIAL OF LICENSE.—The department may deny a mobile
 1838  home manufacturer, a movable tiny home manufacturer, or a
 1839  recreational vehicle manufacturer, distributor, or importer
 1840  license on the ground that:
 1841         (a) The applicant has made a material misstatement in his
 1842  or her application for a license.
 1843         (b) The applicant has failed to comply with any applicable
 1844  provision of this chapter.
 1845         (c) The applicant has failed to provide warranty service.
 1846         (d) The applicant or one or more of his or her principals
 1847  or agents has violated any law, rule, or regulation relating to
 1848  the manufacture or sale of mobile homes, movable tiny homes, or
 1849  recreational vehicles.
 1850         (e) The department has proof of the unfitness of the
 1851  applicant.
 1852         (f) The applicant or licensee has engaged in previous
 1853  conduct in any state which would have been a ground for
 1854  revocation or suspension of a license in this state.
 1855         (g) The applicant or licensee has violated any provision of
 1856  the National Mobile Home Construction and Safety Standards Act
 1857  of 1974 or any related rule or regulation adopted by the
 1858  Department of Housing and Urban Development.
 1859  
 1860  Upon denial of a license, the department shall notify the
 1861  applicant within 10 days, stating in writing its grounds for
 1862  denial. The applicant is entitled to an administrative hearing
 1863  and may request that such hearing be held within 45 days after
 1864  of denial of the license. All proceedings must be pursuant to
 1865  chapter 120.
 1866         (8) REVOCATION OR SUSPENSION OF LICENSE.—The department
 1867  shall suspend or, in the case of a subsequent offense, shall
 1868  revoke a any license upon a finding that the licensee violated
 1869  any provision of this chapter or any other law of this state
 1870  regarding the manufacture, warranty, or sale of mobile homes,
 1871  movable tiny homes, or recreational vehicles. The department may
 1872  reinstate the license if it finds that the former licensee has
 1873  complied with all applicable requirements of this chapter and an
 1874  application for a license is refiled pursuant to this section.
 1875         Section 40. Section 320.82315, Florida Statutes, is created
 1876  to read:
 1877         320.82315Establishment of uniform standards for movable
 1878  tiny homes.—
 1879         (1)Each movable tiny home, as defined in s. 320.01(46),
 1880  manufactured in this state or manufactured outside this state
 1881  but sold or offered for sale in this state shall meet the
 1882  Uniform Standards Code ANSI book A-119.2 or A-119.5, as
 1883  applicable, approved by the American National Standards
 1884  Institute. Such standards shall include, but are not limited to,
 1885  standards for the installation of plumbing, heating, and
 1886  electrical systems and fire and life safety in movable tiny
 1887  homes. Each movable tiny home shall also be manufactured with:
 1888         (a)Insulation with a thermal resistance value of at least
 1889  R-13 in the walls and at least R-19 in the ceiling.
 1890         (b)Residential-grade insulated doors and windows.
 1891         (c)An electrical system that meets National Fire
 1892  Protection Association (NFPA) 70, National Electrical Code
 1893  article 551 or article 552, as applicable.
 1894         (d)Low-voltage electrical systems that meet the
 1895  requirements of the ANSI/RVIA Low Voltage Systems in Conversion
 1896  and RVs Standard.
 1897         (e)Wall framing consisting of studs that are between 16
 1898  and 24 inches on center, which studs are at least 2 inches by 4
 1899  inches of wood or metal, or equivalent structural insulated
 1900  panels.
 1901         (2)Each movable tiny home must be inspected and certified
 1902  by a professional engineer licensed in this state or a qualified
 1903  third-party inspector for compliance with subsection (1).
 1904  However, a movable tiny home that exceeds 400 square feet must
 1905  comply with federal manufactured home construction and safety
 1906  standards contained in 42 U.S.C. ss. 5401-5426 and must be given
 1907  a United States Department of Housing and Urban Development
 1908  label.
 1909         (3)Trailer hitches or other trailer connecting devices
 1910  manufactured, sold, or offered for sale in this state for use
 1911  with a trailer governed by this section must conform to the
 1912  certification standards in Vehicle Equipment Safety Commission
 1913  Regulation V-5.
 1914         Section 41. Section 320.8245, Florida Statutes, is amended
 1915  to read:
 1916         320.8245 Limitation of alteration or modification to mobile
 1917  homes, movable tiny homes, or recreational vehicles.—
 1918         (1) LIMITATION OF ALTERATIONS OR MODIFICATIONS.—An No
 1919  alteration or modification may not shall be made to a mobile
 1920  home, movable tiny home, or recreational vehicle by a licensed
 1921  dealer after shipment from the manufacturer’s plant unless such
 1922  alteration or modification is authorized in this section.
 1923         (2) EFFECT ON MOBILE HOME OR MOVABLE TINY HOME WARRANTY.
 1924  Unless an alteration or modification is performed by a qualified
 1925  person as defined in subsection (4), the warranty responsibility
 1926  of the manufacturer as to the altered or modified item shall be
 1927  void.
 1928         (a) An alteration or modification performed by a mobile
 1929  home, movable tiny home, or recreational vehicle dealer or his
 1930  or her agent or employee shall place warranty responsibility for
 1931  the altered or modified item upon the dealer. If the
 1932  manufacturer fulfills, or is required to fulfill, the warranty
 1933  on the altered or modified item, he or she shall be entitled to
 1934  recover damages in the amount of his or her costs and attorney
 1935  attorneys’ fees from the dealer.
 1936         (b) An alteration or modification performed by a mobile
 1937  home, movable tiny home, or recreational vehicle owner or his or
 1938  her agent shall render the manufacturer’s warranty as to that
 1939  item void. A statement shall be displayed clearly and
 1940  conspicuously on the face of the warranty that the warranty is
 1941  void as to the altered or modified item if the alteration or
 1942  modification is performed by other than a qualified person.
 1943  Failure to display such statement shall result in warranty
 1944  responsibility on the manufacturer.
 1945         (3) AUTHORITY OF THE DEPARTMENT.—The department may adopt
 1946  is authorized to promulgate rules and regulations pursuant to
 1947  chapter 120 which define the alterations or modifications that
 1948  which must be made by qualified personnel. The department may
 1949  regulate only those alterations and modifications that which
 1950  substantially impair the structural integrity or safety of the
 1951  mobile home.
 1952         (4) DESIGNATION AS A QUALIFIED PERSON.—
 1953         (a) In order to be designated as a person qualified to
 1954  alter or modify a mobile home, movable tiny home, or
 1955  recreational vehicle, a person must comply with local or county
 1956  licensing or competency requirements in skills relevant to
 1957  performing alterations or modifications on mobile homes, movable
 1958  tiny homes, or recreational vehicles.
 1959         (b) When no local or county licensing or competency
 1960  requirements exist, the department may certify persons to
 1961  perform mobile home alterations or modifications. The department
 1962  shall by rule or regulation determine what skills and competency
 1963  requirements are requisite to the issuance of a certification. A
 1964  fee sufficient to cover the costs of issuing certifications may
 1965  be charged by the department. The certification shall be valid
 1966  for a period that which terminates when the county or other
 1967  local governmental unit enacts relevant competency or licensing
 1968  requirements. The certification shall be valid only in counties
 1969  or localities without licensing or competency requirements.
 1970         (c) The department shall determine which counties and
 1971  localities have licensing or competency requirements adequate to
 1972  eliminate the requirement of certification. This determination
 1973  shall be based on a review of the relevant county or local
 1974  standards for adequacy in regulating persons who perform
 1975  alterations or modifications to mobile homes. The department
 1976  shall find local or county standards adequate when minimal
 1977  licensing or competency standards are provided.
 1978         Section 42. Subsection (7) of section 320.8285, Florida
 1979  Statutes, is amended to read:
 1980         320.8285 Onsite inspection.—
 1981         (7) Park trailers and movable tiny homes are subject to
 1982  inspection in the same manner as are mobile homes pursuant to
 1983  this section.
 1984         Section 43. Subsection (1) of section 320.8325, Florida
 1985  Statutes, is amended to read:
 1986         320.8325 Mobile homes, movable tiny homes, manufactured
 1987  homes, and park trailers; uniform installation standards;
 1988  injunctions; penalty.—
 1989         (1) The department shall adopt rules setting forth uniform
 1990  standards for the installation of mobile homes, movable tiny
 1991  homes, manufactured homes, and park trailers and for the
 1992  manufacture of components, products, or systems used in the
 1993  installation of mobile homes, movable tiny homes, manufactured
 1994  homes, and park trailers. The rules shall ensure that the home
 1995  or park trailer is installed on a permanent foundation that
 1996  resists wind, flood, flotation, overturning, sliding, and
 1997  lateral movement of the home or park trailer. Only No entity,
 1998  other than the department may, has authority to amend these
 1999  uniform standards. The owner of the mobile home, movable tiny
 2000  home, manufactured home, or park trailer is shall be responsible
 2001  for the installation in accordance with department rules.
 2002         Section 44. Section 320.835, Florida Statutes, is amended
 2003  to read:
 2004         320.835 Mobile home, movable tiny home, and recreational
 2005  vehicle warranties.—Each manufacturer, dealer, installer, and
 2006  supplier of mobile homes, movable tiny homes, or recreational
 2007  vehicles shall warrant each new mobile home, movable tiny home,
 2008  or recreational vehicle sold in this state and the setup of each
 2009  such mobile home, in accordance with the warranty requirements
 2010  prescribed by this section, for a period of at least 12 months,
 2011  measured from the date of delivery of the mobile home to the
 2012  buyer or the date of sale of the movable tiny home or
 2013  recreational vehicle in the case of a manufacturer or dealer, or
 2014  from the date of receipt of a certificate of occupancy in the
 2015  case of an installer. The warranty requirements of each
 2016  manufacturer, dealer, installer, and supplier of mobile homes,
 2017  movable tiny homes, or recreational vehicles are as follows:
 2018         (1) The manufacturer warrants:
 2019         (a) For a mobile home, movable tiny home, or recreational
 2020  vehicle, that all structural elements; plumbing systems;
 2021  heating, cooling, and fuel-burning systems; electrical systems;
 2022  fire prevention systems; and any other components or conditions
 2023  included by the manufacturer are free from substantial defect.
 2024         (b) That 100-ampere electrical service exists in the mobile
 2025  home.
 2026         (2) The dealer warrants:
 2027         (a) That any modifications or alterations made to the
 2028  mobile home, movable tiny home, or recreational vehicle by the
 2029  dealer or authorized by the dealer shall be free from
 2030  substantial defect. Alterations or modifications made by a
 2031  dealer shall relieve the manufacturer of warranty responsibility
 2032  only as to the item altered or modified.
 2033         (b) That setup operations performed on the mobile home are
 2034  performed in compliance with s. 320.8325.
 2035         (c) That substantial defects do not occur to the mobile
 2036  home during setup or by transporting it to the occupancy site.
 2037  
 2038  When the setup of a mobile home is performed by a person who is
 2039  not an employee or agent of the mobile home manufacturer or
 2040  dealer and is not compensated or authorized by, or connected
 2041  with, such manufacturer or dealer, then the warranty
 2042  responsibility of the manufacturer or dealer as to setup shall
 2043  be limited to transporting the mobile home to the occupancy site
 2044  free from substantial defect.
 2045         (3) The installer warrants that the setup operations
 2046  performed on the mobile home are performed in compliance with s.
 2047  320.8325 and department rules governing the installation.
 2048         (4) The supplier warrants that any warranties generally
 2049  offered in the ordinary sale of his or her product to consumers
 2050  shall be extended to buyers of mobile homes, movable tiny homes,
 2051  and recreational vehicles. When a no warranty is not extended by
 2052  suppliers, the manufacturer shall assume warranty responsibility
 2053  for that component.
 2054         (5) The department may adopt rules under chapter 120 to
 2055  resolve disputes that may arise among the mobile home
 2056  manufacturer, dealer, installer, or supplier. Those rules must
 2057  comply with the dispute resolution process as set forth in the
 2058  federal Manufactured Housing Improvement Act.
 2059         Section 45. Section 205.193, Florida Statutes, is amended
 2060  to read:
 2061         205.193 Mobile home setup operations; local business tax
 2062  receipt prohibited; exception.—A county, municipality, or other
 2063  unit of local government may not require a licensed mobile home
 2064  dealer or a licensed mobile home manufacturer, or an employee of
 2065  a dealer or manufacturer, who performs setup operations as
 2066  defined in s. 320.822(16) s. 320.822 to be a business tax
 2067  receiptholder to engage in such operations. However, such dealer
 2068  or manufacturer must obtain a local receipt for his or her
 2069  permanent business location or branch office, which receipt
 2070  shall not require for its issuance any conditions other than
 2071  those required by chapter 320.
 2072         Section 46. Subsections (1) and (2) of section 212.0601,
 2073  Florida Statutes, are amended to read:
 2074         212.0601 Use taxes of vehicle dealers.—
 2075         (1) Each motor vehicle dealer who is required by s.
 2076  320.08(13) s. 320.08(12) to purchase one or more dealer license
 2077  plates shall pay an annual use tax of $27 for each dealer
 2078  license plate purchased under that subsection, in addition to
 2079  the license tax imposed by that subsection. The use tax shall be
 2080  for the year for which the dealer license plate was purchased.
 2081         (2) There shall be no additional tax imposed by this
 2082  chapter for the use of a dealer license plate for which, after
 2083  July 1, 1987, a dealer use tax has been paid under this section.
 2084  This exemption shall apply to the time period before the sale or
 2085  any other disposition of the vehicle throughout the year for
 2086  which the dealer license plate required by s. 320.08(13) s.
 2087  320.08(12) is purchased.
 2088         Section 47. Paragraph (a) of subsection (3) of section
 2089  320.06, Florida Statutes, is amended to read:
 2090         320.06 Registration certificates, license plates, and
 2091  validation stickers generally.—
 2092         (3)(a) Registration license plates must be made of metal
 2093  specially treated with a retroreflection material, as specified
 2094  by the department. The registration license plate is designed to
 2095  increase nighttime visibility and legibility and must be at
 2096  least 6 inches wide and not less than 12 inches in length,
 2097  unless a plate with reduced dimensions is deemed necessary by
 2098  the department to accommodate motorcycles, mopeds, or similar
 2099  smaller vehicles. Validation stickers must also be treated with
 2100  a retroreflection material, must be of such size as specified by
 2101  the department, and must adhere to the license plate. The
 2102  registration license plate must be imprinted with a combination
 2103  of bold letters and numerals or numerals, not to exceed seven
 2104  digits, to identify the registration license plate number. The
 2105  license plate must be imprinted with the word “Florida” at the
 2106  top and the name of the county in which it is sold, the state
 2107  motto, or the words “Sunshine State” at the bottom. Apportioned
 2108  license plates must have the word “Apportioned” at the bottom,
 2109  and license plates issued for vehicles taxed under s.
 2110  320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (15) (14) must
 2111  have the word “Restricted” at the bottom. License plates issued
 2112  for vehicles taxed under s. 320.08(13) s. 320.08(12) must be
 2113  imprinted with the word “Florida” at the top and the word
 2114  “Dealer” at the bottom unless the license plate is a specialty
 2115  license plate as authorized in s. 320.08056. Manufacturer
 2116  license plates issued for vehicles taxed under s. 320.08(13) s.
 2117  320.08(12) must be imprinted with the word “Florida” at the top
 2118  and the word “Manufacturer” at the bottom. License plates issued
 2119  for vehicles taxed under s. 320.08(5)(d) or (e) must be
 2120  imprinted with the word “Wrecker” at the bottom. Any county may,
 2121  upon majority vote of the county commission, elect to have the
 2122  county name removed from the license plates sold in that county.
 2123  The state motto or the words “Sunshine State” shall be printed
 2124  in lieu thereof. A license plate issued for a vehicle taxed
 2125  under s. 320.08(6) may not be assigned a registration license
 2126  number, or be issued with any other distinctive character or
 2127  designation, that distinguishes the motor vehicle as a for-hire
 2128  motor vehicle.
 2129         Section 48. Subsection (1) of section 320.133, Florida
 2130  Statutes, is amended to read:
 2131         320.133 Transporter license plates.—
 2132         (1) The department may is authorized to issue a transporter
 2133  license plate to an any applicant who, incidental to the conduct
 2134  of his or her business, engages in the transporting of motor
 2135  vehicles that which are not currently registered to any owner
 2136  and that which do not have license plates, upon payment of the
 2137  license tax imposed by s. 320.08(16) s. 320.08(15) for each such
 2138  license plate and upon proof of liability insurance coverage in
 2139  the amount of $100,000 or more. Such a transporter license plate
 2140  is valid for use on any motor vehicle in the possession of the
 2141  transporter while the motor vehicle is being transported in the
 2142  course of the transporter’s business.
 2143         Section 49. Subsection (11) of section 320.77, Florida
 2144  Statutes, is amended to read:
 2145         320.77 License required of mobile home dealers.—
 2146         (11) SETUP OPERATIONS.—Each licensee may perform setup
 2147  operations only as defined in s. 320.822(16) s. 320.822, and the
 2148  department shall provide by rule for the uniform application of
 2149  all existing statutory provisions relating to licensing and
 2150  setup operations.
 2151         Section 50. Subsections (6), (12), and (15) of section
 2152  320.8249, Florida Statutes, are amended to read:
 2153         320.8249 Mobile home installers license.—
 2154         (6) For purposes of this section, the term “installation,”
 2155  has the same meaning as the term as used herein, is synonymous
 2156  with “setup” as defined in s. 320.822(16) s. 320.822(14).
 2157         (12) A county, municipality, or other unit of local
 2158  government may not require additional licensing, bonding, or
 2159  insurance of a duly licensed installer who performs setup
 2160  operations as defined in s. 320.822(16) s. 320.822. However, a
 2161  county, municipality, or other unit of local government may
 2162  require an installer to obtain a local occupational license,
 2163  which license shall not require for its issuance any conditions
 2164  other than those required by this chapter and payment of the
 2165  appropriate occupational license fee.
 2166         (15) In performing the installation, installers shall not
 2167  perform plumbing or electrical activities prohibited by
 2168  department rules related to setup operations pursuant to s.
 2169  320.822(16) s. 320.822.
 2170         Section 51. Except as otherwise expressly provided in this
 2171  act, this act shall take effect July 1, 2023, but only if SB ___
 2172  or similar legislation takes effect, if such legislation is
 2173  adopted in the same legislative session or an extension thereof
 2174  and becomes a law.