HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 1 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to movable tiny homes; amending s. 2
320.01, F.S.; revising and providing definitions; 3
creating s. 320.018, F.S.; providing for taxation of a 4
movable tiny home according to its classification; 5
providing classification requirements; providing 6
applicability; amending ss. 320.02, 320.03, 320.031, 7
and 320.04, F.S.; including movable tiny homes in 8
provisions relating to mobile home registration; 9
amending s. 320.05, F.S.; including movable tiny homes 10
in provisions relating to inspection of records o f the 11
Department of Highway Safety and Motor Vehicles; 12
amending s. 320.055, F.S.; conforming cross -13
references; amending s. 320.0607, F.S.; providing for 14
replacement of a movable tiny home sticker; amending 15
s. 320.0609, F.S.; providing for exchange of such 16
sticker upon transfer of a movable tiny home; amending 17
s. 320.061, F.S.; prohibiting alteration of a movable 18
tiny home sticker; amending s. 320.07, F.S.; including 19
movable tiny homes in provisions relating to 20
expiration and renewal of registration; providi ng 21
penalties; amending s. 320.071, F.S.; providing for 22
advance registration renewal for movable tiny homes; 23
providing penalties; amending s. 320.08, F.S.; 24
including movable tiny home dealers and manufacturers 25
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 2 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
in provisions relating to license taxes for dea ler and 26
manufacturer license plates; amending ss. 320.0802, 27
320.0804, and 320.08046, F.S.; conforming cross -28
references; amending s. 320.081, F.S.; requiring 29
issuance of a sticker indicating payment of the annual 30
license tax; amending s. 320.0815, F.S.; req uiring 31
issuance of movable tiny home stickers to certain 32
movable tiny homes; providing an exception; amending 33
s. 320.10, F.S.; exempting certain movable tiny homes 34
from such license tax; amending s. 320.13, F.S.; 35
authorizing a licensed movable tiny home de aler to 36
secure dealer license plates; amending s. 320.131, 37
F.S.; authorizing use of temporary tags to transport 38
movable tiny homes; amending s. 320.15, F.S.; 39
authorizing a registration credit or refund of license 40
taxes for movable tiny homes under certain 41
circumstances; amending s. 320.17, F.S.; authorizing 42
the department to classify and assess license taxes 43
for movable tiny homes; amending s. 320.18, F.S.; 44
authorizing withholding of registration of a movable 45
tiny home under certain circumstances; amending s. 46
320.19, F.S.; providing for a tax lien upon a movable 47
tiny home; amending s. 320.203, F.S.; conforming 48
cross-references; amending s. 320.26, F.S.; 49
prohibiting counterfeiting of movable tiny home 50
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 3 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
stickers; providing penalties; amending s. 320.261, 51
F.S.; providing penalties for attaching to a movable 52
tiny home a license plate or validation sticker not 53
issued to the movable tiny home; amending s. 320.27, 54
F.S.; revising the definition of the term "motor 55
vehicle"; authorizing denial, suspension, or 56
revocation of a license for a violation of certain 57
provisions relating to dealing in or repairing movable 58
tiny homes; amending s. 320.28, F.S.; requiring a 59
nonresident dealer in secondhand movable tiny homes to 60
apply for a certificate of title for a movable tiny 61
home before selling, offering for sale, or advertising 62
the sale of such movable tiny home; amending s. 63
320.37, F.S.; excluding certain movable tiny homes 64
owned by nonresidents from the exemption from 65
registration requirements; amending s. 320.71, F.S.; 66
requiring a nonresident movable tiny home dealer to 67
register with the Department of Revenue for a sales 68
tax dealer registration number; amending s. 320.771, 69
F.S.; authorizing licensed recreational vehicle 70
dealers to sell movable tiny homes; creating s. 71
320.772, F.S.; defining the terms "dealer" and 72
"movable tiny home broker"; providing conditions under 73
which a licensed dealer may transact business in 74
movable tiny homes; requiring certain licensure; 75
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 4 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
providing license application requirements; 76
authorizing the Depar tment of Highway Safety and Motor 77
Vehicles to investigate facts set forth in an 78
application; providing for denial of license and 79
notification thereof; authorizing a public hearing; 80
providing for issuance of a license certificate under 81
certain circumstances ; authorizing supplemental 82
licenses under certain circumstances; authorizing a 83
mobile home dealer to apply for a license endorsement 84
to sell movable tiny homes; requiring recordkeeping; 85
requiring a licensee to possess evidence of title; 86
providing requirements for setup operations; providing 87
a penalty; authorizing the department to apply for an 88
injunction under certain circumstances; requiring 89
suspension or revocation of a license upon certain 90
findings; authorizing administrative fines; requiring 91
an applicant to deliver a surety bond in a certain 92
amount to the department before issuance or renewal of 93
a license; prohibiting sharing in the commission on 94
the sale of insurance coverage under certain 95
circumstances; amending s. 320.781, F.S.; renaming the 96
Mobile Home and Recreational Vehicle Protection Trust 97
Fund as the "Mobile Home, Movable Tiny Home, and 98
Recreational Vehicle Protection Trust Fund"; including 99
movable tiny homes in applicable provisions relating 100
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 5 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to the trust fund; providing penalties; amending s. 101
320.822, F.S.; revising and providing definitions; 102
amending s. 320.8225, F.S.; requiring annual licensure 103
for each factory location within and outside this 104
state which manufactures movable tiny homes; requiring 105
submission of a surety bond to the department; 106
providing the period of licensure; authorizing denial, 107
and requiring revocation or suspension, of a license 108
under certain circumstances; creating s. 320.82315, 109
F.S.; establishing uniform standards for 110
manufacturing, inspection, and certification of 111
movable tiny homes; amending s. 320.8245, F.S.; 112
limiting alterations or modifications to movable tiny 113
homes; providing for effect of alteration or 114
modification on a movable tiny home warranty; 115
providing requirements for designation as a person 116
qualified to alter or modify a movable tiny home; 117
amending s. 320.8285, F.S.; subjecting movable tiny 118
homes to onsite inspection; amending s. 320.8325, 119
F.S.; requiring the department to adopt rules setting 120
forth uniform standards for the installation of 121
movable tiny homes; a mending s. 320.835, F.S.; 122
requiring manufacturer, dealer, installer, and 123
supplier warranties for new movable tiny homes; 124
amending ss. 205.193, 212.0601, 320.06, 320.133, 125
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 6 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
320.77, and 320.8249, F.S.; conforming cross -126
references; providing contingent effectiv e dates. 127
128
Be It Enacted by the Legislature of the State of Florida: 129
130
Section 1. Subsections (3), (19), and (21) of section 131
320.01, Florida Statutes, are amended, and subsection (46) is 132
added to that section, to read: 133
320.01 Definitions, general. —As used in the Florida 134
Statutes, except as otherwise provided, the term: 135
(3) "Owner" means any person, firm, corporation, or 136
association controlling any motor vehicle , movable tiny home, or 137
mobile home by right of purchase, gift, lease, or otherwise. 138
(19)(a) "Registration period" means a period of 12 months 139
or 24 months during which a motor vehicle , movable tiny home, or 140
mobile home registration is valid. 141
(b) "Extended registration period" means a period of 24 142
months during which a motor vehicle , movable tiny home, or 143
mobile home registration is valid. 144
(21) "Renewal period" means the period during which 145
renewal of a motor vehicle registration , movable tiny home 146
registration, or mobile home registration is required, as 147
provided in s. 320.055. 148
(46)(a) "Movable tiny home" means a transportable unit 149
that has a body width of not more than 14 feet, that is built on 150
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 7 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a single chassis, and that is designed to provide separate, 151
independent living quarters of one household for year -round 152
residence with permane nt provisions for living, sleeping, 153
eating, cooking, and sanitation when connected to utilities 154
necessary for operation of installed fixtures and appliances. A 155
movable tiny home is a single unit and is not built in sections 156
to be assembled on a site. In ad dition, a movable tiny home is 157
designed and built so that the exterior has the appearance of a 158
conventional single-family dwelling unit, using conventional 159
building materials, and is thus architecturally distinct from 160
traditional mobile homes and recreatio nal vehicles. 161
(b) The total area of a movable tiny home in setup mode, 162
when measured from the exterior surface of the exterior stud 163
walls at the level of maximum dimensions, not including any bay 164
window, does not exceed 400 square feet when constructed i n 165
accordance with standards provided in s. 320.82315. A movable 166
tiny home must be built according to such standards and 167
inspected and certified by a professional engineer licensed in 168
this state or by a qualified third party who inspects for 169
compliance with the American National Standards Institute and 170
who is accredited pursuant to American Society for Testing and 171
Materials Appendix E699 or ISO/IEC 17020. 172
(c)1. A movable tiny home's wheels and leveling support 173
jacks must be situated on a surface sufficient to support the 174
weight of the home. The governing body of the county or 175
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 8 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
municipality in which the movable tiny home is sited is 176
responsible for permits and inspections regarding the pad or 177
foundation on which the movable tiny home is situated. 178
2. If the movable tiny home's wheels are removed so that 179
the home may be situated on a foundation, the governing body of 180
the county or municipality in which the home is sited is 181
responsible for permits and inspections for such foundation in 182
accordance with s. 320.83 25(1). 183
(d) "Length of a movable tiny home" means the distance 184
from the exterior of the front of the body, nearest to the 185
drawbar and coupling mechanism, to the exterior of the rear of 186
the body, at the opposite end of the body, including any 187
protrusions. 188
Section 2. Section 320.018, Florida Statutes, is created 189
to read: 190
320.018 Taxation 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 tr avel over highways shall be taxed 200
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 9 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 sec urity 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 movabl e 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 217
registration; forms. — 218
(3) Before Prior to the registration in this state of a 219
any vehicle registered outside the state, the application must 220
be 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 t he 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
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 10 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
been made of the motor vehicle by the owner and by a duly 226
constituted police officer of any state, a licen sed 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 numb er 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, subj ect to 250
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 11 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 da ys 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 elec tronic 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
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 12 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. For derelict or salvage motor vehicles, process title 276
transactions, derelict motor vehicle certif icates, 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 280
decals; 281
4. Electronically transfer fees due for the title and 282
registration process; and 283
5. Perform inquiries for t itle, registration, and 284
lienholder verification and certification of service providers , 285
286
is expressly preempted to the state, and the department shall 287
have regulatory authority over the system. The electronic filing 288
system shall be available for use statew ide and applied 289
uniformly throughout the state. 290
Section 5. Section 320.031, Florida Statutes, is amended 291
to read: 292
320.031 Mailing of registration certificates, license 293
plates, and validation stickers. — 294
(1) The department and the tax collectors of t he several 295
counties of the state may at the request of the applicant use 296
United States mail service to deliver registration certificates 297
and renewals thereof, license plates, mobile home stickers, 298
movable tiny home stickers, and validation stickers to 299
applicants. 300
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 13 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) A mail service charge may be collected for each 301
registration certificate, license plate, mobile home sticker, 302
movable tiny home sticker, and validation sticker mailed by the 303
department or any tax collector. Each registration certificate, 304
license plate, mobile home sticker, movable tiny home sticker, 305
and validation sticker shall be mailed by first -class mail 306
unless otherwise requested by the applicant. The amount of the 307
mail service charge shall be the actual postage required, 308
rounded to the nearest 5 cents, plus a 25 -cent handling charge. 309
The mail service charge is in addition to the service charge 310
provided by s. 320.04. All charges collected by the department 311
under this section shall be deposited into the Highway Safety 312
Operating Trust Fund. 313
Section 6. Paragraphs (a) and (b) of subsection (1) of 314
section 320.04, Florida Statutes, are amended to read: 315
320.04 Registration service charge. — 316
(1)(a) A service charge of $2.50 shall be imposed on each 317
application that is handled in connection wi th original 318
issuance, duplicate issuance, or transfer of a license plate, 319
mobile home sticker, movable tiny home sticker, or validation 320
sticker or with transfer or duplicate issuance of a registration 321
certificate. This service charge shall be retained by t he 322
department or by the tax collector, as the case may be, as other 323
fees accruing to those offices. 324
(b) A service charge of $1 shall also be imposed for the 325
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 14 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
issuance of each license plate validation sticker, vessel decal, 326
and mobile home sticker, and movable tiny home sticker issued 327
from an automated vending facility or printer dispenser machine. 328
This service charge is payable to the department and shall be 329
used to provide for automated vending facilities or printer 330
dispenser machines that are used to dis pense such stickers and 331
decals by each tax collector's or license tag agent's employee. 332
Section 7. Subsection (2) and paragraphs (b) and (e) of 333
subsection (3) of section 320.05, Florida Statutes, are amended 334
to read: 335
320.05 Records of the department; inspection procedure; 336
lists and searches; fees. — 337
(2) Upon receipt of an application for the registration of 338
a motor vehicle, vessel, movable tiny home, or mobile home, as 339
herein provided for, the department shall register the motor 340
vehicle, vessel, movable tiny home, or mobile home under the 341
distinctive number assigned to such motor vehicle, vessel, 342
movable tiny home, or mobile home by the department. Electronic 343
registration records shall be open to the inspection of the 344
public during business hours. Inf ormation on a motor vehicle or 345
vessel registration may not be made available to a person unless 346
the person requesting the information furnishes positive proof 347
of identification. The agency that furnishes a motor vehicle or 348
vessel registration record shall record the name and address of 349
any person other than a representative of a law enforcement 350
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 15 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
agency who requests and receives information from a motor 351
vehicle or vessel registration record and shall also record the 352
name and address of the person who is the s ubject of the inquiry 353
or other information identifying the entity about which 354
information is requested. A record of each such inquiry must be 355
maintained for a period of 6 months from the date upon which the 356
information was released to the inquirer. Nothing in This 357
section does not shall prohibit a any financial institution, 358
insurance company, motor vehicle dealer, licensee under chapter 359
493, attorney, or other agency which the department determines 360
has the right to know from obtaining, for professional or 361
business use only, information in such records from the 362
department through any means of telecommunication pursuant to a 363
code developed by the department providing all fees specified in 364
subsection (3) have been paid. The department shall disclose 365
records or information to the child support enforcement agency 366
to assist in the location of individuals who owe or potentially 367
owe support, as defined in s. 409.2554, or to whom such an 368
obligation is owed pursuant to Title IV -D of the Social Security 369
Act. 370
(3) 371
(b) Fees therefor shall be charged and collected as 372
follows: 373
1. For providing lists of motor vehicle or vessel records 374
for the entire state, or any part or parts thereof, divided 375
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 16 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
according to counties, a sum computed at a rate of not less than 376
1 cent nor more than 5 cents per item. 377
2. For providing noncertified photographic copies of motor 378
vehicle or vessel documents, $1 per page. 379
3. For providing noncertified photographic copies of 380
micrographic records, $1 per page. 381
4. For providing certified copies of motor vehicle or 382
vessel records, $3 per record. 383
5. For providing noncertified computer -generated printouts 384
of motor vehicle or vessel records, 50 cents per record. 385
6. For providing certified computer -generated printouts of 386
motor vehicle or vessel reco rds, $3 per record. 387
7. For providing electronic access to motor vehicle, 388
vessel, movable tiny home, and mobile home registration data 389
requested by tag, vehicle identification number, title number, 390
or decal number, 50 cents per item. 391
8. For providing el ectronic access to driver license 392
status report by name, sex, and date of birth or by driver 393
license number, 50 cents per item. 394
9. For providing lists of licensed mobile home dealers and 395
manufacturers, movable tiny home dealers and manufacturers, and 396
recreational vehicle dealers and manufacturers, $15 per list. 397
10. For providing lists of licensed motor vehicle dealers, 398
$25 per list. 399
11. For each copy of a videotape record, $15 per tape. 400
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 17 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12. For each copy of the Division of Motorist Services 401
Procedures Manual, $25. 402
(e) When motor vehicle, vessel, movable tiny home, or 403
mobile home registration data is provided by electronic access 404
through a tax collector's office, the applicable fee as provided 405
in paragraph (b) must be collected and deposited pursuan t to 406
paragraph (c). However, when such registration data is obtained 407
through an electronic system described in s. 320.03(10), s. 408
320.0609, or s. 320.131 and results in the issuance of a title 409
certificate or the registration credential, such fee does shall 410
not apply. 411
Section 8. Paragraph (b) of subsection (1) and subsections 412
(2) through (5) of section 320.055, Florida Statutes, are 413
amended to read: 414
320.055 Registration periods; renewal periods. —The 415
following registration periods and renewal periods are 416
established: 417
(1) 418
(b) A motor vehicle , or mobile home, or movable tiny home 419
that is subject to registration under s. 320.08(1), (2), (3), 420
(4)(a) or (b), (6), (7), (8), (9), (10), or (11), or (12) is 421
eligible for an extended registration period as define d in s. 422
320.01(19)(b). 423
(2) For a vehicle subject to registration under s. 424
320.08(11) or (12), the registration period begins January 1 and 425
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 18 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ends December 31. For a vehicle subject to this registration 426
period, the renewal period is the 31 -day period before prior to 427
expiration. 428
(3) For a vehicle subject to registration under s. 320.08 429
(13) s. 320.08(12), the registration period runs concurrently 430
with the licensing period. For a vehicle subject to this 431
registration period, the renewal period is the first mo nth of 432
the licensing period. 433
(4) For a vehicle subject to registration under s. 434
320.08(14) s. 320.08(13), for vehicles subject to registration 435
under s. 320.08(6)(a) that are short -term rental vehicles, and 436
for any vehicle for which a registration period is not otherwise 437
specified, the registration period begins June 1 and ends May 438
31. For a vehicle subject to this registration period, the 439
renewal period is the 30 -day period beginning June 1. 440
(5) For a vehicle subject to apportioned registration 441
under s. 320.08(4)(c)-(n), (5)(a)1. or (e), (6)(b), or (15) 442
(14), the registration period shall be a period of 12 months 443
beginning in a month designated by the department and ending on 444
the last day of the 12th month. For a vehicle subject to this 445
registration period, the renewal period is the last month of the 446
registration period. The registration period may be shortened or 447
extended at the discretion of the department, on receipt of the 448
appropriate prorated fees, in order to evenly distribute such 449
registrations on a monthly basis. For a vehicle subject to 450
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 19 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
nonapportioned registration under s. 320.08(4)(c) -(n), (5)(a)1., 451
(6)(b), or (15) (14), the registration period begins December 1 452
and ends November 30. The renewal period is the 31 -day period 453
beginning December 1. 454
Section 9. Effective September 1, 2023, subsection (2) of 455
section 320.055, Florida Statutes, as amended by chapter 2022 -456
123, Laws of Florida, is amended to read: 457
320.055 Registration periods; renewal periods. —The 458
following registration periods and ren ewal periods are 459
established: 460
(2) For a vehicle subject to registration under s. 461
320.08(11) or (12) and not owned by a natural person, the 462
registration period begins January 1 and ends December 31. For a 463
vehicle subject to this registration period, the r enewal period 464
is the 31-day period before expiration. 465
Section 10. Subsection (2) of section 320.0607, Florida 466
Statutes, is amended to read: 467
320.0607 Replacement license plates, validation decal, 468
movable tiny home sticker, or mobile home sticker. — 469
(2) When a license plate, mobile home sticker, movable 470
tiny home sticker, or validation decal has been lost, stolen, or 471
destroyed, the owner of the motor vehicle , or mobile home, or 472
movable tiny home for which the plate, sticker, or decal was 473
issued shall make application to the department for a 474
replacement. The application shall contain the plate, sticker, 475
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 20 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or decal number being replaced and a statement that the item was 476
lost, stolen, or destroyed. If the application includes a copy 477
of the police report pr epared in response to a report of a 478
stolen plate, sticker, or decal, such plate, sticker, or decal 479
must be replaced at no charge. 480
Section 11. Subsection (6) of section 320.0609, Florida 481
Statutes, is amended to read: 482
320.0609 Transfer and exchange of registration license 483
plates; transfer fee. — 484
(6) Upon a sale, trade, transfer, or other disposition of 485
a mobile home or movable tiny home , the owner shall remove the 486
sticker therefrom and may exchange it for another sticker to be 487
applied to a replacement mobile home or replacement movable tiny 488
home. Such exchange shall be without cost to the owner. A No 489
credit will not be given toward the purchase of a license plate 490
for any other type of vehicle. The department shall ensure that 491
there is adequate internal control of mobile home or movable 492
tiny home stickers that have been removed for exchange or 493
refund. 494
Section 12. Section 320.061, Florida Statutes, is amended 495
to read: 496
320.061 Unlawful to alter motor vehicle registration 497
certificates, license plates, temporary license plates, mobile 498
home stickers, movable tiny home stickers, or validation 499
stickers or to obscure license plates; penalty. —A person may not 500
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 21 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
alter the original appearance of a vehicle registration 501
certificate, license plate, temporary license plate, mobile home 502
sticker, movable tiny home sticker, or validation sticker issued 503
for and assigned to a motor vehicle , or mobile home, or movable 504
tiny home, whether by mutilation, alteration, defacement, or 505
change of color or in any other manner. A pers on may not apply 506
or attach a substance, reflective matter, illuminated device, 507
spray, coating, covering, or other material onto or around any 508
license plate which interferes with the legibility, angular 509
visibility, or detectability of any feature or detail on the 510
license plate or interferes with the ability to record any 511
feature or detail on the license plate. A person who violates 512
this section commits a noncriminal traffic infraction, 513
punishable as a moving violation as provided in chapter 318. 514
Section 13. Subsections (1), (2), (3), and (5) of section 515
320.07, Florida Statutes, are amended to read: 516
320.07 Expiration of registration; renewal required; 517
penalties.— 518
(1) The registration of a motor vehicle , or mobile home, 519
or movable tiny home expires at midnight on the last day of the 520
registration or extended registration period , or, for a motor 521
vehicle owner, or mobile home owner, or movable tiny home owner 522
who is a natural person, at midnight on the owner's birthday. A 523
vehicle may not be operated on the roads of this state after 524
expiration of the renewal period, or, for a natural person, at 525
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 22 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
midnight on the owner's birthday, unless the registration has 526
been renewed according to law. 527
(2) Registration shall be renewed semiannually, annually, 528
or biennially, as provided in this subsection, during the 529
applicable renewal period, upon payment of the applicable 530
license tax amounts required by s. 320.08, service charges 531
required by s. 320.04, and any additional fees required by law. 532
(a) A Any person who owns a motor vehicle registered under 533
s. 320.08(4)(c)-(n), (6)(b), or (14) (13) may register 534
semiannually as provided in s. 320.0705. 535
(b) A Any person who owns a motor vehicle , or mobile home, 536
or movable tiny home registered under s. 320.08(1), (2), (3), 537
(4)(a) or (b), (6), (7), (8), (9), (10), or (11), or (12) may 538
renew the vehicle registration biennially during the applicable 539
renewal period upon payment of the 2 -year cumulative total of 540
all applicable license tax amounts required by s. 320.08 and 541
service charges or surcharges required by ss. 320.03, 320.04, 542
320.0801, 320.08015, 320.0802, 320.0804, 320.0805, 320.08046, 543
and 320.08056 and payment of the 2 -year cumulative total of any 544
additional fees required by law for an annual registration. 545
(3) The operation of a any motor vehicle without having 546
attached thereto a registration license plate and validation 547
stickers, or the use of a any mobile home or movable tiny home 548
without having attached thereto a mobile home sticker or movable 549
tiny home sticker, for the current registration period subjects 550
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 23 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
shall subject the owner thereof, if he or she is present, or, if 551
the owner is not present, the operator thereof to the following 552
penalties penalty provisions: 553
(a) A Any person whose motor vehicle , or mobile home, or 554
movable tiny home registration has been expired for a period of 555
6 months or less commits a noncriminal traffic infraction, 556
punishable as a nonmoving violation as provided in chapter 318. 557
However, a law enforcement officer may not issue a citation for 558
a violation under this paragraph until midnight on the last day 559
of the owner's birth month of the year the registration expires. 560
(b) A Any person whose motor vehicle , or mobile home, or 561
movable tiny home registration has been expired for more than 6 562
months, upon a first offense, is subject to the penalty provided 563
in s. 318.14. 564
(c) A Any person whose motor vehicle , or mobile home, or 565
movable tiny home registration has been expired for more than 6 566
months, upon a second or subsequent offense, commits a 567
misdemeanor of the second degree, punishable as provided in s. 568
775.082 or s. 775.083. 569
(d) However, an operator shall not be charged with a 570
violation of this subsection if the operator can show, pursuant 571
to a valid lease agreement, that the vehicle had been lease d for 572
a period of 30 days or less at the time of the offense. 573
(e) A Any servicemember, as defined in s. 250.01 , whose 574
mobile home or movable tiny home registration expired while he 575
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 24 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or she was serving on active duty or state active duty shall not 576
be charged with a violation of this subsection if, at the time 577
of the offense, the servicemember was serving on active duty or 578
state active duty 35 miles or more from the mobile home or 579
movable tiny home. The servicemember must present to the 580
department either a c opy of the official military orders or a 581
written verification signed by the servicemember's commanding 582
officer to receive a waiver of charges. 583
(f) The owner of a leased motor vehicle is not responsible 584
for any penalty specified in this subsection if the motor 585
vehicle is registered in the name of the lessee of the motor 586
vehicle. 587
(5) A Any servicemember, as defined in s. 250.01 , whose 588
motor vehicle, or mobile home, or movable tiny home registration 589
has expired while he or she was serving on active duty or state 590
active duty may renew his or her registration upon return from 591
active duty or state active duty without penalty , if the 592
servicemember served on active duty or state active duty 35 593
miles or more from the servicemember's home of record before 594
prior to entering active duty or state active duty. The 595
servicemember must provide to the department either a copy of 596
the official military orders or a written verification signed by 597
the servicemember's commanding officer to receive a waiver of 598
delinquent fees. 599
Section 14. Section 320.071, Florida Statutes, is amended 600
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 25 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to read: 601
320.071 Advance registration renewal; procedures. — 602
(1)(a) The owner of a any motor vehicle, or mobile home, 603
or movable tiny home currently registered in this state may file 604
an application for renewal of registration with the department, 605
or its authorized agent in the county wherein the owner resides, 606
any time during the 3 months preceding the date of expiration of 607
the registration period. The registration period may not exceed 608
27 months. 609
(b) The owner of any apportionable vehicle currently 610
registered in this state under the International Registration 611
Plan may file an application for renewal of registration with 612
the department any time during the 3 months preceding the date 613
of expiration of the registration period. 614
(2) Upon the filing of the application and payment of the 615
appropriate license tax under s. 320.08, service charges 616
required by s. 320.04, and any additional fees required by law, 617
the department or its agent shall issue to t he owner of the 618
motor vehicle, or mobile home, or movable tiny home a validation 619
sticker, or mobile home sticker, or movable tiny home sticker, 620
as appropriate, which, when affixed to the license plate , or 621
mobile home, or movable tiny home, shall renew the registration 622
for the appropriate registration period. 623
(3) A Any person who uses a mobile home sticker , movable 624
tiny home sticker, or validation sticker without lawful 625
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 26 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
authority or who willfully violates a any rule of the department 626
relating to this section commits is guilty of a misdemeanor of 627
the second degree, punishable as provided in s. 775.082 or s. 628
775.083. 629
Section 15. Subsection (12) of section 320.08, Florida 630
Statutes, is amended to read: 631
320.08 License taxes. —Except as otherwise provided herein, 632
there are hereby levied and imposed annual license taxes for the 633
operation of motor vehicles, mopeds, tri -vehicles as defined in 634
s. 316.003, and mobile homes as defined in s. 320.01, which 635
shall be paid to and collected by the depart ment or its agent 636
upon the registration or renewal of registration of the 637
following: 638
(12) DEALER AND MANUFACTURER LICENSE PLATES. —A franchised 639
motor vehicle dealer, independent motor vehicle dealer, marine 640
boat trailer dealer, or mobile home dealer and m anufacturer, or 641
movable tiny home dealer and manufacturer license plate: $17 642
flat. For additional fees as set forth in s. 320.08056, dealers 643
may purchase specialty license plates in lieu of the standard 644
dealer license plates. Dealers shall be responsible f or all 645
costs associated with the specialty license plate, including all 646
annual use fees, processing fees, fees associated with switching 647
license plate types, and any other applicable fees. 648
Section 16. Section 320.0802, Florida Statutes, is amended 649
to read: 650
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 27 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
320.0802 Surcharge on license tax. —There is hereby levied 651
and imposed on each license tax imposed under s. 320.08, except 652
those set forth in s. 320.08(11) and (12), a surcharge in the 653
amount of $1, which shall be collected in the same manner as the 654
license tax and deposited into the State Agency Law Enforcement 655
Radio System Trust Fund of the Department of Management 656
Services. 657
Section 17. Section 320.0804, Florida Statutes, is amended 658
to read: 659
320.0804 Surcharge on license tax. —A surcharge of $2 shall 660
be imposed on each license tax imposed under s. 320.08, except 661
those set forth in s. 320.08(11) and (12), which shall be 662
collected in the same manner as the license tax. This surcharge 663
shall be further reduced to $1.20 on September 1, 2014, in order 664
to negate the license plate increase of 80 cents imposed by 665
chapter 2009-71, Laws of Florida. Of this amount, $1 shall be 666
deposited into the State Transportation Trust Fund, and 20 cents 667
shall be deposited into the Highway Safety Operating Trust Fund. 668
Section 18. Section 320.08046, Florida Statutes, is 669
amended to read: 670
320.08046 Juvenile programs surcharge on license tax. —A 671
surcharge of $1 shall be imposed on each license tax imposed 672
under s. 320.08, except those set forth in s. 320.08(11) and 673
(12), which shall be collected in the same manner as the license 674
tax and deposited into the Grants and Donations Trust Fund in 675
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 28 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the Department of Juvenile Justice to fund the juvenile crime 676
prevention programs and the community juvenile justice 677
partnership grants program. 678
Section 19. Subsections (1), (2), and (3) of section 679
320.081, Florida Statutes, are amended to read: 680
320.081 Collection and distribution of annual license tax 681
imposed on the following type units. — 682
(1) The provisions of This section applies shall apply to 683
all mobile homes, movable tiny homes, and park trailers, and to 684
all travel trailers and fifth -wheel trailers exceeding 35 feet 685
in body length. 686
(2) The annual license tax prescribed in s. 320.08(10) , 687
and (11), and (12) is in lieu of ad valorem taxes, and a 688
sticker, as appropriate, shall be issued to evidence payment 689
thereof. It is permissible in this state to transport units 690
governed by this section, registered hereunder, without a 691
corresponding state license plate on the towing vehicle. 692
(3) The owner shall make application for such sticker in 693
the manner provided in s. 320.02, and the tax collectors in the 694
several counties of the state shall collect the license taxes 695
imposed by s. 320.08(10) , and (11), and (12) and the license tax 696
surcharge imposed by s. 320.08015 in the same manner and under 697
the same conditions and requirements as provided in s. 320.03. 698
Section 20. Subsection (2) of section 320.0815, Florida 699
Statutes, is amended to read: 700
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 29 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
320.0815 Mobile homes , movable tiny homes, and 701
recreational vehicle -type units required to have appropriate 702
license plates or stickers. — 703
(2) A mobile home or recreational vehicle -type unit that 704
which is permanently affixed to the land shall be issued a 705
mobile home sticker at the fee prescribed in s . 320.08(11), and 706
a movable tiny home that is permanently affixed to land shall be 707
issued a movable tiny home sticker at the fee prescribed in s. 708
320.08(12), unless the mobile home , movable tiny home, or 709
recreational vehicle -type unit is qualified and taxe d as real 710
property, in which case the mobile home , movable tiny home, or 711
recreational vehicle -type unit shall be issued an "RP" series 712
sticker. Series "RP" stickers shall be provided by the 713
department to the tax collectors, and such a sticker will be 714
issued by the tax collector to the registered owner of such a 715
mobile home, movable tiny home, or recreational vehicle -type 716
unit upon the production of a certificate of the respective 717
property appraiser that such mobile home , movable tiny home, or 718
recreational vehicle-type unit is included in an assessment of 719
the property of such registered owner for ad valorem taxation. 720
An "RP" series sticker shall be issued by the tax collector for 721
an aggregate fee of $3 each, to be distributed as follows: $2.50 722
shall be retained by the tax collector as a service charge; 25 723
cents shall be remitted to the property appraiser; and 25 cents 724
shall be remitted to the department to defray the cost of 725
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 30 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
manufacture and handling. Mobile home stickers , movable tiny 726
home stickers, and "RP" series stickers shall be of a size to be 727
determined by the department. A mobile home sticker , movable 728
tiny home sticker, or "RP" series sticker shall be affixed to 729
the lower left corner of the window closest to the street or 730
road providing access to such residence. 731
Section 21. Paragraph (a) of subsection (1) and subsection 732
(2) of section 320.10, Florida Statutes, are amended to read: 733
320.10 Exemptions.— 734
(1) The provisions of s. 320.08 do not apply to: 735
(a) Any motor vehicle , or mobile home, or movable tiny 736
home owned by, and operated exclusively for the personal use of, 737
any member of the United States Armed Forces who is not a 738
resident of this state and who is stationed in the state while 739
in compliance with military or naval orders; 740
(2) Any such vehicle, or mobile home, or movable tiny 741
home, except one owned or operated exclusively by the Federal 742
Government, shall be furnished a license plate, validation 743
sticker, or mobile home sticker, or movable tiny home sticker 744
upon the proper applica tion to the department and upon the 745
payment of $3 to cover the cost of same . For any motor vehicle , 746
or mobile home, or movable tiny home that which is exempt under 747
paragraph (1)(a), there shall be issued a license plate, 748
validation sticker, or mobile home sticker, or movable tiny home 749
sticker prescribed by s. 320.06; and for any vehicle that which 750
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 31 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
is exempt under paragraphs (1)(c) -(h), there shall be issued a 751
license plate under series "X." Vehicles exempt under this 752
provision must be equipped with proper l icense plates showing 753
such exempt status. 754
Section 22. Subsections (1) and (2) of section 320.13, 755
Florida Statutes, are amended to read: 756
320.13 Dealer and manufacturer license plates and 757
alternative method of registration. — 758
(1)(a) A Any licensed motor vehicle dealer, a and any 759
licensed mobile home dealer , and a licensed movable tiny home 760
dealer may, upon payment of the license tax imposed by s. 761
320.08(13) s. 320.08(12), secure one or more dealer license 762
plates, which are valid for use on motor vehicl es, or mobile 763
homes, or movable tiny homes owned by the dealer to whom such 764
plates are issued while the motor vehicles are in inventory and 765
for sale, or while being operated in connection with such 766
dealer's business, but are not valid for use for hire. Dea ler 767
license plates may not be used on a any tow truck or wrecker 768
unless the tow truck or wrecker is being demonstrated for sale, 769
and the dealer license plates may not be used on a vehicle used 770
to transport another motor vehicle for the motor vehicle dealer . 771
(b)1. Marine boat trailer dealers and manufacturers may, 772
upon payment of the license taxes imposed by s. 320.08(13) s. 773
320.08(12), secure one or more dealer plates, which are valid 774
for use on boat trailers owned by the dealer to whom such plates 775
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 32 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
are issued while being used in connection with such dealer's 776
business, but are not valid for use for hire. 777
2. It is the intent of the Legislature that the method 778
currently used to license marine boat trailer dealers to do 779
business in the state, that is, by an occupational license 780
issued by the city or county, not be changed. The department 781
shall not interpret this act to mean that it is empowered to 782
license such dealers to do business. An occupational license tax 783
certificate shall be sufficient proof upon which the department 784
may issue dealer license plates. 785
(c) A dealer of heavy trucks as defined in s. 320.01(10), 786
upon payment of the license tax imposed by s. 320.08(13) s. 787
320.08(12), may secure one or more dealer license plates that 788
are valid for use on vehi cles owned by the dealer to whom such 789
plates are issued while the heavy trucks are in inventory and 790
for sale and are being used only in the state for demonstration 791
purposes. The license plates may be used for demonstration 792
purposes for a period not to exce ed 24 hours. The license plates 793
must be validated on a form prescribed by the department and 794
must be retained in the vehicle being operated. 795
(2) A licensed manufacturer, importer, or distributor of 796
motor vehicles may, upon payment of the license tax impo sed by 797
s. 320.08(13) s. 320.08(12), secure one or more manufacturer 798
license plates, which are valid for use on motor vehicles owned 799
by the manufacturer, importer, or distributor to whom such 800
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 33 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
plates are issued while the motor vehicles are in inventory and 801
for sale, being operated for demonstration purposes, or in 802
connection with the manufacturer's business, but are not valid 803
for use for hire. 804
Section 23. Paragraphs (c) and (l) of subsection (1) of 805
section 320.131, Florida Statutes, are amended to read: 806
320.131 Temporary tags. — 807
(1) The department is authorized and empowered to design, 808
issue, and regulate the use of temporary tags to be designated 809
"temporary tags" for use in the following cases: 810
(c) For certified common carriers or driveaway companies 811
who transport motor vehicles, mobile homes, movable tiny homes, 812
or recreational vehicles from one place to another for persons 813
other than themselves. 814
(l) For use by licensed dealers to transport motor 815
vehicles, and recreational vehicles , and movable tiny homes from 816
the dealer's licensed location to an off -premise sales location 817
and return. Temporary tags used for such purposes shall be 818
issued to the licensed dealer who owns the vehicles. 819
820
Further, the department is authorized to disallow the purchase 821
of temporary tags by licensed dealers, common carriers, or 822
financial institutions in those cases where abuse has occurred. 823
Section 24. Section 320.15, Florida Statutes, is amended 824
to read: 825
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 34 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
320.15 Refund of license tax. — 826
(1) A Any resident owner of a motor vehicle , or mobile 827
home, or movable tiny home that has been destroyed or 828
permanently removed from the state shall, upon application to 829
the department and surrender of the license plate , or mobile 830
home sticker, or movable tiny hom e sticker issued for such 831
vehicle, be entitled to a credit to apply to registration of any 832
other vehicle in the name of the owner, if the amount is $3 or 833
more, for the unexpired period of the license. However, if the 834
license plate surrendered is a "for -hire" license plate, the 835
amount of credit may not be more than one -half of the annual 836
license tax amount. A credit is not valid after the expiration 837
date of the license plate which is current on the date of the 838
credit, as provided in s. 320.07. 839
(2) A motor vehicle registrant, or mobile home owner, or 840
movable tiny home owner who has renewed a motor vehicle 841
registration during the advance renewal period pursuant to s. 842
320.071 and who surrenders the license plate for the vehicle 843
before the end of the renewal pe riod may apply for a refund of 844
the license taxes assessed in s. 320.08. 845
Section 25. Section 320.17, Florida Statutes, is amended 846
to read: 847
320.17 Classification of vehicles , and mobile homes, and 848
movable tiny homes; assessment of license tax by depart ment.—The 849
department may, in accordance with the provisions of this 850
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 35 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
chapter, determine the classification of, and the amount of 851
license tax due on, a any motor vehicle, or mobile home, or 852
movable tiny home required to be registered under the laws of 853
this state and may, in accordance with the provisions of this 854
chapter, fix, determine, and assess the amount of license tax 855
and fees to be paid for registration or renewal of registration. 856
A determination of the department, when certified in writing, is 857
prima facie evidence of the validity, regularity, and propriety 858
thereof and of the liability of the vehicle involved therein to 859
the classification and tax so determined, fixed, and assessed. 860
No Such a determination when made by the department may not be 861
disregarded or set aside in any court, except when clearly shown 862
to be unwarranted in law or in fact. 863
Section 26. Subsections (1) and (3) of section 320.18, 864
Florida Statutes, are amended to read: 865
320.18 Withholding registration. — 866
(1) The department may withh old the registration of any 867
motor vehicle, or mobile home, or movable tiny home the owner or 868
co-owner of which has failed to register it under the provisions 869
of law for any previous period or periods for which it appears 870
registration should have been made in this state until the tax 871
for such period or periods is paid. The department may cancel 872
any vehicle or vessel registration, driver license, 873
identification card, or fuel -use tax decal if the owner or co -874
owner pays for any vehicle or vessel registration, d river 875
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 36 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
license, identification card, or fuel -use tax decal; pays any 876
administrative, delinquency, or reinstatement fee; or pays any 877
tax liability, penalty, or interest specified in chapter 207 by 878
a dishonored check, or if the vehicle owner or motor carrier has 879
failed to pay a penalty for a weight or safety violation issued 880
by the Department of Transportation or the Department of Highway 881
Safety and Motor Vehicles. The Department of Transportation and 882
the Department of Highway Safety and Motor Vehicles may imp ound 883
any commercial motor vehicle that has a canceled license plate 884
or fuel-use tax decal until the tax liability, penalty, and 885
interest specified in chapter 207, the license tax, or the fuel -886
use decal fee, and applicable administrative fees have been paid 887
for by certified funds. 888
(3) In the case of repossession, a mobile home or movable 889
tiny home is exempt from registration when the dwelling is not 890
transferred or titled for occupancy. 891
Section 27. Section 320.19, Florida Statutes, is amended 892
to read: 893
320.19 Tax lien; enforcement. —The license tax required 894
under this chapter, when not paid, constitutes a first lien upon 895
the motor vehicle, or mobile home, or movable tiny home on which 896
the tax is due. Such lien is superior to all other liens upon 897
such motor vehicle, mobile home, or movable tiny home . If the 898
amount of the license tax due remains unpaid for more than 30 899
days, the department may, in addition to any other remedy 900
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 37 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
provided by law, enforce the lien by issuance of a tax warrant. 901
The sheriff or other person to whom such warrant is directed 902
shall proceed upon the warrant in the manner and with like 903
effect as is prescribed by law for executions issued against 904
property upon judgments of record. 905
Section 28. Subsection (1) of section 320.203, Florida 906
Statutes, is amended to read: 907
320.203 Disposition of biennial license tax moneys. — 908
(1) Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or 909
(b), (6), (7), (8), (9), (10), or (11), or (12), 320.08058, and 910
328.76 and pursuant to s. 216.351, after the prov isions of s. 911
320.20(1), (2), (3), (4), and (5) are fulfilled, an amount equal 912
to 50 percent of revenues collected from the biennial 913
registrations created in s. 320.07 shall be retained in the 914
Motor Vehicle License Clearing Trust Fund, authorized in s. 915
215.32(2)(b)2.f., until July 1. After July 1 of the subsequent 916
fiscal year, an amount equal to 50 percent of revenues collected 917
from the biennial registrations created in s. 320.07 shall be 918
distributed according to ss. 320.08(1), (2), (3), (4)(a) or (b), 919
(6), (7), (8), (9), (10), or (11), or (12), 320.08058, 328.76, 920
and 320.20(1), (2), (3), (4), and (5). 921
Section 29. Section 320.26, Florida Statutes, is amended 922
to read: 923
320.26 Counterfeiting license plates, validation stickers, 924
mobile home stickers, movable tiny home stickers, cab cards, 925
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 38 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
trip permits, or special temporary operational permits 926
prohibited; penalty. — 927
(1)(a) A No person may not shall counterfeit registration 928
license plates, validation stickers, or mobile home stickers, or 929
movable tiny home stickers, or have in his or her possession any 930
such plates or stickers; nor shall a any person manufacture, 931
sell, or dispose of registration license plates, validation 932
stickers, or mobile home stickers , or movable tiny home stickers 933
in the state without first having obtained the permission and 934
authority of the department in writing. 935
(b) A No person may not shall counterfeit, alter, or 936
manufacture International Registration Plan cab cards, trip 937
permits, special temporary permits, or temporary operationa l 938
permits; nor shall a any person sell or dispose of International 939
Registration Plan cab cards, trip permits, special temporary 940
permits, or temporary operational permits without first having 941
obtained the permission and authority of the department in 942
writing. 943
(2) A Any person who violates this section commits is 944
guilty of a felony of the third degree. 945
(a) If the violator is a natural person, he or she is 946
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 947
(b) If the violator is an associat ion or corporation, it 948
is punishable as provided in s. 775.083, and the official of the 949
association or corporation under whose direction or with whose 950
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 39 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
knowledge, consent, or acquiescence such violation occurred may 951
be punished as provided in s. 775.082, in addition to the fine 952
that which may be imposed upon such association or corporation. 953
Section 30. Section 320.261, Florida Statutes, is amended 954
to read: 955
320.261 Attaching registration license plate not assigned 956
unlawful; penalty.—A Any person who knowingly attaches to a any 957
motor vehicle, or mobile home, or movable tiny home a any 958
registration license plate, or who knowingly attaches a any 959
validation sticker, or mobile home sticker, or movable tiny home 960
sticker to a registration license plate, which p late or sticker 961
was not issued and assigned or lawfully transferred to such 962
motor vehicle, mobile home, or movable tiny home commits is 963
guilty of a misdemeanor of the second degree, punishable as 964
provided in s. 775.082 or s. 775.083. 965
Section 31. Paragraph (b) of subsection (1) and paragraph 966
(b) of subsection (9) of section 320.27, Florida Statutes, are 967
amended to read: 968
320.27 Motor vehicle dealers. — 969
(1) DEFINITIONS.—The following words, terms, and phrases 970
when used in this section have the meanings respectively 971
ascribed to them in this subsection, except where the context 972
clearly indicates a different meaning: 973
(b) "Motor vehicle" means any motor vehicle of the type 974
and kind required to be registered and titled under chapter 319 975
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 40 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and this chapter, ex cept a recreational vehicle, moped, 976
motorcycle powered by a motor with a displacement of 50 cubic 977
centimeters or less, or mobile home, or movable tiny home . 978
(9) DENIAL, SUSPENSION, OR REVOCATION. — 979
(b) The department may deny, suspend, or revoke any 980
license issued hereunder or under the provisions of s. 320.77 or 981
s. 320.771 upon proof that a licensee has committed, with 982
sufficient frequency so as to establish a pattern of wrongdoing 983
on the part of a licensee, violations of one or more of the 984
following activities: 985
1. Representation that a demonstrator is a new motor 986
vehicle, or the attempt to sell or the sale of a demonstrator as 987
a new motor vehicle without written notice to the purchaser that 988
the vehicle is a demonstrator. For the purposes of this secti on, 989
a "demonstrator," a "new motor vehicle," and a "used motor 990
vehicle" shall be defined as under s. 320.60. 991
2. Unjustifiable refusal to comply with a licensee's 992
responsibility under the terms of the new motor vehicle warranty 993
issued by its respective ma nufacturer, distributor, or importer. 994
However, if such refusal is at the direction of the 995
manufacturer, distributor, or importer, such refusal shall not 996
be a ground under this section. 997
3. Misrepresentation or false, deceptive, or misleading 998
statements with regard to the sale or financing of motor 999
vehicles which any motor vehicle dealer has, or causes to have, 1000
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 41 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
advertised, printed, displayed, published, distributed, 1001
broadcast, televised, or made in any manner with regard to the 1002
sale or financing of motor ve hicles. 1003
4. Failure by any motor vehicle dealer to provide a 1004
customer or purchaser with an odometer disclosure statement and 1005
a copy of any bona fide written, executed sales contract or 1006
agreement of purchase connected with the purchase of the motor 1007
vehicle purchased by the customer or purchaser. 1008
5. Failure of any motor vehicle dealer to comply with the 1009
terms of any bona fide written, executed agreement, pursuant to 1010
the sale of a motor vehicle. 1011
6. Failure to apply for transfer of a title as prescribed 1012
in s. 319.23(6). 1013
7. Use of the dealer license identification number by any 1014
person other than the licensed dealer or his or her designee. 1015
8. Failure to continually meet the requirements of the 1016
licensure law. 1017
9. Representation to a customer or any advert isement to 1018
the public representing or suggesting that a motor vehicle is a 1019
new motor vehicle if such vehicle lawfully cannot be titled in 1020
the name of the customer or other member of the public by the 1021
seller using a manufacturer's statement of origin as per mitted 1022
in s. 319.23(1). 1023
10. Requirement by any motor vehicle dealer that a 1024
customer or purchaser accept equipment on his or her motor 1025
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 42 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicle which was not ordered by the customer or purchaser. 1026
11. Requirement by any motor vehicle dealer that any 1027
customer or purchaser finance a motor vehicle with a specific 1028
financial institution or company. 1029
12. Requirement by any motor vehicle dealer that the 1030
purchaser of a motor vehicle contract with the dealer for 1031
physical damage insurance. 1032
13. Perpetration of a f raud upon any person as a result of 1033
dealing in motor vehicles, including, without limitation, the 1034
misrepresentation to any person by the licensee of the 1035
licensee's relationship to any manufacturer, importer, or 1036
distributor. 1037
14. Violation of any of the pr ovisions of s. 319.35 by any 1038
motor vehicle dealer. 1039
15. Sale by a motor vehicle dealer of a vehicle offered in 1040
trade by a customer prior to consummation of the sale, exchange, 1041
or transfer of a newly acquired vehicle to the customer, unless 1042
the customer provides written authorization for the sale of the 1043
trade-in vehicle prior to delivery of the newly acquired 1044
vehicle. 1045
16. Willful failure to comply with any administrative rule 1046
adopted by the department or the provisions of s. 320.131(8). 1047
17. Violation of chapter 319, this chapter, or ss. 1048
559.901-559.9221, which has to do with dealing in or repairing 1049
motor vehicles, or mobile homes, or movable tiny homes . 1050
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 43 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Additionally, in the case of used motor vehicles, the willful 1051
violation of the federal law and rule in 15 U.S.C. s. 2304, 16 1052
C.F.R. part 455, pertaining to the consumer sales window form. 1053
18. Failure to maintain evidence of notification to the 1054
owner or co-owner of a vehicle regarding registration or titling 1055
fees owed as required in s. 320.02(17). 1056
19. Failure to register a mobile home salesperson or 1057
movable tiny home salesperson with the department as required by 1058
this section. 1059
Section 32. Section 320.28, Florida Statutes, is amended 1060
to read: 1061
320.28 Nonresident dealers in secondhand motor vehicles, 1062
recreational vehicles, movable tiny homes, or mobile homes.—1063
Every dealer in used or secondhand motor vehicles, recreational 1064
vehicles, movable tiny homes, or mobile homes who is a 1065
nonresident of the state, does not have a permanent place of 1066
business in this state, and has not qualified as a dealer under 1067
the provisions of ss. 320.27, 320.77, and 320.771, and 320.772, 1068
and any person other than a dealer qualified under the 1069
provisions of said ss. 320.27, 320.77, and 320.771, and 320.772, 1070
who brings any used or s econdhand motor vehicle, recreational 1071
vehicle, movable tiny home, or mobile home into the state for 1072
the purpose of sale, except to a dealer licensed under the 1073
provisions of ss. 320.27, 320.77, and 320.771, and 320.772, 1074
shall, at least 10 days before prior to the sale of said 1075
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 44 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicle, the offering of said vehicle for sale, or the 1076
advertising of said vehicle for sale of such vehicle, make and 1077
file with the department the official application for a 1078
certificate of title for such said vehicle as provided by law. 1079
Any person who has had one or more transactions involving the 1080
sale of three or more used or secondhand motor vehicles, 1081
recreational vehicles, movable tiny homes, or mobile homes in 1082
Florida during any 12 -month period shall be deemed to be a 1083
secondhand dealer in motor vehicles, recreational vehicles, 1084
movable tiny homes, or mobile homes. 1085
Section 33. Paragraph (c) of subsection (2) of section 1086
320.37, Florida Statutes, is amended to read: 1087
320.37 Registration not to apply to nonresidents. — 1088
(2) The exemption granted by this section does not apply 1089
to: 1090
(c) Recreational vehicles , movable tiny homes, or mobile 1091
homes located in this state for at least 6 consecutive months; 1092
or 1093
Section 34. Subsection (1) of section 320.71, Florida 1094
Statutes, is amended to read: 1095
320.71 Nonresident motor vehicle, mobile home, movable 1096
tiny home, or recreational vehicle dealer's license. — 1097
(1) A Any person who is a nonresident of the state, who 1098
does not have a dealer's contract from the manufacturer or 1099
manufacturer's distrib utor of motor vehicles, mobile homes, 1100
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 45 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
movable tiny homes, or recreational vehicles authorizing the 1101
sale thereof in definite Florida territory, and who sells or 1102
engages in the business of selling such said vehicles at retail 1103
within the state shall register with the Department of Revenue 1104
for a sales tax dealer registration number , and comply with 1105
chapter 212, and pay a license tax of $2,000 per annum in each 1106
county where such sales are made . Of such tax,; $1,250 of said 1107
tax shall be transmitted to the Departm ent of Financial Services 1108
to be deposited in the General Revenue Fund of the state, and 1109
$750 thereof shall be returned to the county. The license tax 1110
shall cover the period from January 1 to the following December 1111
31, and no such license may not shall be issued for any 1112
fractional part of a year. 1113
Section 35. Subsection (11) of section 320.771, Florida 1114
Statutes, is amended, and subsection (18) is added to that 1115
section, to read: 1116
320.771 License required of recreational vehicle dealers. — 1117
(11) SETUP OPERATIONS.—Each licensee may perform setup 1118
operations only as defined in s. 320.822(16) s. 320.822, and the 1119
department shall provide by rule for the uniform application of 1120
all existing statutory provisions relating to licensing and 1121
setup operations. 1122
(18) MOVABLE TINY HOMES.—A licensed recreational vehicle 1123
dealer may also sell movable tiny homes. 1124
Section 36. Section 320.772, Florida Statutes, is created 1125
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 46 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to read: 1126
320.772 License required of movable tiny home dealers. — 1127
(1) DEFINITIONS.—As used in this section, the term: 1128
(a)1. "Dealer" means a person engaged in the business of 1129
buying, selling, or dealing in movable tiny homes or offering or 1130
displaying movable tiny homes for sale. The term "dealer" 1131
includes a movable tiny home broker. A person who buys , sells, 1132
deals in, or offers or displays for sale, or who acts as the 1133
agent for the sale of, one or more movable tiny homes in any 12 -1134
month period shall be prima facie presumed to be a dealer. The 1135
terms "selling" and "sale" include lease -purchase transactions. 1136
The term "dealer" does not include banks, credit unions, and 1137
finance companies that acquire movable tiny homes as an incident 1138
to their regular business and does not include mobile home 1139
rental and leasing companies that sell movable tiny homes to 1140
dealers licensed under this section. 1141
2. A licensed dealer may transact business in movable tiny 1142
homes with a motor vehicle auction as defined in s. 1143
320.27(1)(c)4. Further, a licensed dealer may, at retail or 1144
wholesale, sell a motor vehicle, as described in s. 1145
320.01(1)(a), acquired in exchange for the sale of a movable 1146
tiny home if the acquisition is incidental to the principal 1147
business of being a movable tiny home dealer. However, a movable 1148
tiny home dealer may not buy a motor vehicle for the purpose of 1149
resale unless licensed as a motor vehicle dealer pursuant to s. 1150
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 47 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
320.27. A dealer may apply for a certificate of title to a 1151
movable tiny home required to be registered under s. 320.08(12), 1152
using a manufacturer's statement of origin as permitted by s. 1153
319.23(1), only if the dealer is authorized by a 1154
manufacturer/dealer agreement, as defined in s. 320.3202, on 1155
file with the department, to buy, sell, or deal in that 1156
particular line-make of movable tiny home and the dealer is 1157
authorized by the manufacturer/dealer agr eement to perform 1158
delivery and preparation obligations and warranty defect 1159
adjustments on that line -make. 1160
(b) "Movable tiny home broker" means a person who is 1161
engaged in the business of offering to procure or procuring used 1162
movable tiny homes for the gen eral public; who holds himself or 1163
herself out through solicitation, advertisement, or otherwise as 1164
one who offers to procure or procures used movable tiny homes 1165
for the general public; or who acts as the agent or intermediary 1166
on behalf of the owner or sell er of a used movable tiny home 1167
that is for sale or who assists or represents the seller in 1168
finding a buyer for the movable tiny home. 1169
(2) LICENSE REQUIRED. —A person may not engage in business 1170
as, or serve in the capacity of, a dealer in this state unless 1171
such person possesses a valid, current license as provided in 1172
this section. Motor vehicle dealers licensed under s. 320.27 1173
shall not be required to obtain the license provided in this 1174
section to sell motor vehicles as defined in s. 320.01(1)(b)4., 1175
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 48 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
5., and 6. 1176
(3) APPLICATION.—The application for such license shall be 1177
in the form prescribed by the department and subject to such 1178
rules as may be prescribed by it. The application shall be 1179
verified by oath or affirmation and shall contain: 1180
(a) A full statement of the name and the date of birth of 1181
the person or persons applying therefor. 1182
(b) The name of the firm or copartnership with the names 1183
and places of residence of all its members, if the applicant is 1184
a firm or copartnership. 1185
(c) The names and places of residence of the principal 1186
officers, if the applicant is a body corporate or other 1187
artificial body. 1188
(d) The name of the state under the laws of which the 1189
corporation is organized. 1190
(e) The former place or places of residence of the 1191
applicant. 1192
(f) The prior businesses in which the applicant has been 1193
engaged, the dates during which the applicant was engaged in 1194
such businesses, and the locations thereof. 1195
(g) A description of the exact location of the place of 1196
business, when it was acquired, and wheth er it is owned in fee 1197
simple by the applicant. If leased, a true copy of the lease 1198
shall be attached to the application. 1199
(h) Certification by the applicant that the location is a 1200
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 49 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
permanent one, not a tent or a temporary stand or other 1201
temporary quarters; that the location affords sufficient 1202
unoccupied space to store all movable tiny homes offered and 1203
displayed for sale; and that the location is a suitable place in 1204
which the applicant can in good faith carry on business and keep 1205
and maintain books, records , and files necessary to conduct such 1206
business, which will be available at all reasonable hours to 1207
inspection by the department or any of its inspectors or other 1208
employees. 1209
(i) Certification by the applicant that the business of a 1210
movable tiny home deale r is the principal business that shall be 1211
conducted at that location; however, this paragraph does not 1212
apply to movable tiny home or mobile home park operators 1213
licensed as mobile home or movable tiny home dealers. 1214
(j) A statement that the applicant is in sured under a 1215
garage liability insurance policy, which shall include, at a 1216
minimum, $25,000 combined single -limit liability coverage, 1217
including bodily injury and property damage protection, and 1218
$10,000 personal injury protection, if the applicant is to be 1219
licensed as a dealer in, or intends to sell, movable tiny homes. 1220
However, a garage liability policy is not required for the 1221
licensure of a mobile home dealer who sells only park trailers. 1222
(k) A statement that the applicant for a movable tiny home 1223
license issued pursuant to this section has not and will not 1224
enter into any agreements, written or oral, with any other 1225
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 50 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
person or business entity which would constitute an unfair or 1226
deceptive trade practice in violation of part II of chapter 501. 1227
(l) Such other relevant information as may be required by 1228
the department. Each applicant, general partner in the case of a 1229
partnership, or corporate officer and director in the case of a 1230
corporate applicant must file a set of fingerprints with the 1231
department for the pur pose of determining any prior criminal 1232
record or any outstanding warrants. The department shall submit 1233
the fingerprinting to the Department of Law Enforcement for 1234
state processing and forwarding to the Federal Bureau of 1235
Investigation for federal processing . The department may issue a 1236
license to an applicant pending the results of the fingerprint 1237
investigation, which license is fully revocable if the 1238
department subsequently determines that any facts set forth in 1239
the application are not true or correctly repr esented. 1240
1241
The department shall, if it deems necessary, cause an 1242
investigation to be made to ascertain whether the facts set 1243
forth in the application are true and shall not issue a license 1244
to the applicant until it is satisfied that the facts set forth 1245
in the application are true. 1246
(4) DENIAL OF LICENSE. —The department may deny any 1247
applicant a license on the ground that: 1248
(a) The applicant has made a material misstatement in the 1249
application for a license. 1250
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 51 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) The applicant has failed to comply with any applicable 1251
provision of this chapter. 1252
(c) The applicant has failed to provide warranty service. 1253
(d) The applicant or one or more of the applicant's 1254
principals or agents has violated any law, rule, or regulation 1255
relating to the sale of movable tiny home s. 1256
(e) The department has proof of unfitness of the 1257
applicant. 1258
(f) The applicant has engaged in previous conduct in any 1259
state which would have been a ground for revocation or 1260
suspension of a license in this state. 1261
(g) The applicant has violated any o f the provisions of 1262
the National Mobile Home Construction and Safety Standards Act 1263
of 1974 or any rule or regulation of the Department of Housing 1264
and Urban Development adopted thereunder. 1265
1266
Upon denial of a license, the department shall notify the 1267
applicant within 10 days, stating in writing its grounds for 1268
denial. The applicant is entitled to a public hearing and may 1269
request that such hearing be held within 45 days after denial of 1270
the license. All proceedings shall be pursuant to chapter 120. 1271
(5) LICENSE CERTIFICATE.—A license certificate shall be 1272
issued by the department in accordance with the application when 1273
the application is regular in form and in compliance with this 1274
section. The license certificate may be in the form of a 1275
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 52 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
document or a computerized card as determined by the department. 1276
The license, when issued, shall entitle the licensee to carry on 1277
and conduct the business of a movable tiny home dealer at the 1278
location set forth in the license for 1 or 2 years from October 1279
1 preceding the date of iss uance. Each initial application 1280
received by the department shall be accompanied by verification 1281
that, within the preceding 6 months, the applicant or one or 1282
more of his or her designated employees has attended a training 1283
and information seminar conducted b y the department or by a 1284
public or private provider approved by the department. Such 1285
seminar shall include, but not be limited to, statutory dealer 1286
requirements, which requirements include required bookkeeping 1287
and recording procedures, requirements for the collection of 1288
sales and use taxes, and such other information that in the 1289
opinion of the department will promote good business practices. 1290
(6) SUPPLEMENTAL LICENSE. —A person licensed under this 1291
section shall be entitled to operate one or more additional 1292
places of business under a supplemental license for each such 1293
business if the ownership of each such business is identical to 1294
that of the principal business for which the original license is 1295
issued. Each supplemental license shall run concurrently with 1296
the original license and shall be issued upon application by the 1297
licensee on a form to be furnished by the department. Only one 1298
licensed dealer shall operate at the same place of business. A 1299
supplemental license authorizing off -premises sales shall be 1300
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 53 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
issued, at no charge to the dealer, for up to 10 consecutive 1301
days. A licensed dealer who conducts an off -premises sale not in 1302
conjunction with a public vehicle show, as defined in s. 1303
320.3203(5)(c), shall: 1304
(a) Notify the applicable local department office of th e 1305
specific dates and location for which such license is requested. 1306
(b) Provide staff to work at the temporary location for 1307
the duration of the off -premises sale. 1308
(c) Meet all local government permit requirements. 1309
(d) Have the permission of the proper ty owner to operate 1310
at that location. 1311
(e) Conspicuously display a sign at the licensed location 1312
which clearly identifies the dealer's name and business address 1313
as listed on the dealer's original license. 1314
(f) Prominently include the dealer's name and bu siness 1315
address, as listed on the dealer's original license, in all 1316
advertisements associated with such sale. 1317
(7) LICENSE ENDORSEMENT. —A mobile home dealer licensed 1318
under s. 320.77 may apply to the department for authority to 1319
sell movable tiny homes. The mobile home dealer shall file an 1320
application required by this section and shall be governed by 1321
the licensing provisions contained in this section. Additional 1322
license fees or bond shall not be required for issuance of this 1323
endorsement to the mobile home dea ler's license. 1324
(8) RECORDS TO BE KEPT BY LICENSEE. —Each licensee shall 1325
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 54 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
keep records in such form as shall be prescribed by the 1326
department. Such records shall include: 1327
(a) A record of the purchase, sale, or exchange, or 1328
receipt for the purpose of sale, of any movable tiny home. 1329
(b) The description of each such movable tiny home, 1330
including the identification or serial number and such other 1331
numbers or identification marks as may be thereon, and a 1332
statement that a number has been obliterated, defaced, or 1333
changed, if such fact is apparent. 1334
(c) The name and address of the seller, the purchaser, and 1335
the alleged owner or other person from whom the movable tiny 1336
home was purchased or received and the person to whom it was 1337
sold or delivered, as the case may be. 1338
(9) EVIDENCE OF TITLE REQUIRED. — 1339
(a) The licensee shall also have in his or her possession 1340
for each new movable tiny home a manufacturer's invoice or 1341
statement of origin. 1342
(b) For each used movable tiny home in the possession of a 1343
licensee and offered for sale by him or her, the licensee shall 1344
have in his or her possession or control a duly assigned 1345
certificate of title from the owner in accordance with chapter 1346
319, or a registration certificate if the used movable tiny home 1347
was previously registered in a nontitle state, from the time 1348
when the movable tiny home is delivered to the licensee and 1349
offered for sale by him or her until it has been disposed of by 1350
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 55 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the licensee, or shall have reasonable indicia of ownership or 1351
right of possession, or shall have made proper application for a 1352
certificate of title or duplicate certificate of title in 1353
accordance with chapter 319. A dealer may not sell or offer for 1354
sale a movable tiny home in his or her possession unless the 1355
dealer satisfies the requirements of this subsection. Reasonable 1356
indicia of ownership includes a duly assigned certificate of 1357
title; in the case of a new movable tiny home, a manufacturer's 1358
certificate of origin issued to or reassigned to the dealer; a 1359
consignment contract between the owner and th e dealer along with 1360
a secure power of attorney from the owner to the dealer 1361
authorizing the dealer to apply for a duplicate certificate of 1362
title and assign the title on behalf of the owner; a court order 1363
awarding title to the movable tiny home to the deale r; a salvage 1364
certificate of title; a photocopy of a duly assigned certificate 1365
of title being held by a financial institution as collateral for 1366
a business loan of money to the dealer ("floor plan"); a copy of 1367
a canceled check or other documentation evidenci ng that an 1368
outstanding lien on a movable tiny home taken in trade by a 1369
licensed dealer has been satisfied and that the certificate of 1370
title will be, but has not yet been, received by the dealer; or 1371
a vehicle purchase order or installment contract for a spe cific 1372
movable tiny home identifying that movable tiny home as a trade -1373
in on a replacement movable tiny home. 1374
(10) SETUP OPERATIONS. —Each licensee may perform setup 1375
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 56 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
operations only as defined in s. 320.822(16), and the department 1376
shall provide by rule for the uniform application of all 1377
existing statutory provisions relating to licensing and setup 1378
operations. 1379
(11) PENALTY.—A violation of this section is a misdemeanor 1380
of the second degree, punishable as provided in s. 775.082 or s. 1381
775.083. 1382
(12) INJUNCTION.—In addition to the remedies provided in 1383
this chapter, and notwithstanding the existence of any adequate 1384
remedy at law, the department may make application to a circuit 1385
court of the state, and the circuit court shall have 1386
jurisdiction, upon a hearing an d for cause shown, to grant a 1387
temporary or permanent injunction restraining a person from 1388
acting as a movable tiny home dealer under this section who is 1389
not properly licensed or who violates or fails or refuses to 1390
comply with any of the provisions of chapt er 319 and this 1391
chapter or any rule or regulation adopted thereunder. Such 1392
injunction shall be issued without bond. A single act in 1393
violation of chapter 319 or this chapter shall be sufficient to 1394
authorize the issuance of an injunction. 1395
(13) SUSPENSION OR REVOCATION. —The department shall, as it 1396
deems necessary, suspend or revoke a license issued under this 1397
section upon a finding that the licensee violated any provision 1398
of this section or of any other law of this state having to do 1399
with dealing in movable tiny homes or perpetrated a fraud upon a 1400
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 57 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
person as a result of such dealing in movable tiny homes. 1401
(14) ADMINISTRATIVE FINES. —In addition to the exercise of 1402
other powers provided in this section, the department may 1403
assess, impose, levy, and collect by legal process fines, in an 1404
amount not to exceed $1,000 for each violation, against a 1405
licensee if it finds that the licensee has violated any 1406
provision of this section or any other law of this state having 1407
to do with dealing in movable tiny homes. A licensee is entitled 1408
to a hearing pursuant to chapter 120 should the licensee wish to 1409
contest the fine levied, or about to be levied, upon him or her. 1410
(15) BOND.— 1411
(a) Before a license is issued or renewed, the applicant 1412
shall deliver to the de partment a good and sufficient surety 1413
bond, executed by the applicant as principal and by a surety 1414
company qualified to do business in the state as surety. The 1415
bond shall be in a form to be approved by the department and 1416
shall be conditioned upon the deale r's complying with the 1417
conditions of any written contract made by that dealer in 1418
connection with the sale, exchange, or improvement of any 1419
movable tiny home and his or her not violating any of the 1420
provisions of chapter 319 or this chapter in the conduct of the 1421
business for which he or she is licensed. The bond shall be to 1422
the department and in favor of any retail customer who suffers 1423
any loss as a result of any violation of the conditions 1424
hereinabove contained. The bond shall be for the license period, 1425
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 58 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and a new bond or a proper continuation certificate shall be 1426
delivered to the department at the beginning of each license 1427
period. However, the aggregate liability of the surety in any 1428
one license year shall in no event exceed the sum of such bond. 1429
The amount of the bond required shall be as follows: 1430
1. A single dealer who buys, sells, or deals in movable 1431
tiny homes and has four or fewer supplemental licenses shall 1432
provide a surety bond in the amount of $10,000. 1433
2. A single dealer who buys, sells, or deals i n movable 1434
tiny homes and has more than four supplemental licenses shall 1435
provide a surety bond in the amount of $20,000. 1436
1437
For purposes of this paragraph, a person who buys, sells, or 1438
deals in both mobile homes and movable tiny homes shall provide 1439
the same surety bond required of dealers who buy, sell, or deal 1440
in mobile homes only. 1441
(b) The department shall, upon denial, suspension, or 1442
revocation of a license, notify the surety company of the 1443
licensee, in writing, that the license has been denied, 1444
suspended, or revoked and shall state the reason for such 1445
denial, suspension, or revocation. 1446
(c) A surety company that pays a claim against the bond of 1447
a licensee shall notify the department, in writing, that it has 1448
paid such a claim and shall state the amount of the claim. 1449
(d) A surety company that cancels the bond of a licensee 1450
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 59 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
shall notify the department, in writing, of such cancellation 1451
and shall state the reason for the cancellation. 1452
(16) PROHIBITED COMMISSION SHARING. —In accordance with s. 1453
626.753, a dealer or movable tiny home broker, as defined in 1454
this section, who is not a licensed insurance agent may not 1455
share in the commission on the sale of insurance coverage on the 1456
types of movable tiny homes defined in s. 320.01(46) by the 1457
creation of a foreign par tnership, corporation, or other entity 1458
that is controlled by a person or entity not licensed as an 1459
insurance agent. 1460
Section 37. Section 320.781, Florida Statutes, is amended 1461
to read: 1462
320.781 Mobile Home , Movable Tiny Home, and Recreational 1463
Vehicle Protection Trust Fund. — 1464
(1) There is hereby established a Mobile Home , Movable 1465
Tiny Home, and Recreational Vehicle Protection Trust Fund. The 1466
trust fund shall be administered and managed by the Department 1467
of Highway Safety and Motor Vehicles. The expenses incurred by 1468
the department in administering this section shall be paid only 1469
from appropriations made from the trust fund. 1470
(2) Beginning October 1, 1990, The department shall charge 1471
and collect an additional fee of $1 for each new mobile home , 1472
new movable tiny home, and new recreational vehicle title 1473
transaction for which it charges a fee. This additional fee 1474
shall be deposited into the trust fund. The Department of 1475
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 60 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Highway Safety and Motor Vehicles shall charge a fee of $40 per 1476
annual dealer and manufactu rer license and license renewal, 1477
which shall be deposited into the trust fund. The sums deposited 1478
in the trust fund shall be used exclusively for carrying out the 1479
purposes of this section. These sums may be invested and 1480
reinvested by the Chief Financial Of ficer under the same 1481
limitations as apply to investment of other state funds, with 1482
all interest from these investments deposited to the credit of 1483
the trust fund. 1484
(3) The trust fund shall be used to satisfy any judgment 1485
or claim by any person, as provided by this section, against a 1486
mobile home, movable tiny home, or recreational vehicle dealer 1487
or broker for damages, restitution, or expenses, including 1488
reasonable attorney attorney's fees, resulting from a cause of 1489
action directly related to the conditions o f any written 1490
contract made by him or her in connection with the sale, 1491
exchange, or improvement of any mobile home , movable tiny home, 1492
or recreational vehicle, or for any violation of chapter 319 or 1493
this chapter. 1494
(4) The trust fund shall not be liable fo r any judgment, 1495
or part thereof, resulting from any tort claim except as 1496
expressly provided in subsection (3), nor for any punitive, 1497
exemplary, double, or treble damages. A person, the state, or 1498
any political subdivision thereof may recover against the mob ile 1499
home, movable tiny home, or recreational vehicle dealer, broker, 1500
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 61 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or surety, jointly and severally, for such damages, restitution, 1501
or expenses.; provided, However, that in no event shall the 1502
trust fund or the surety shall not be liable for an amount in 1503
excess of actual damages, restitution, or expenses. 1504
(5) Subject to the limitations and requirements of this 1505
section, the trust fund shall be used by the department to 1506
compensate persons who have unsatisfied judgments, or in certain 1507
limited circumstances unsatisfied claims, against a mobile home , 1508
movable tiny home, or recreational vehicle dealer or broker. The 1509
following conditions must exist for a person to be eligible to 1510
file a claim against the trust fund: 1511
(a) The claimant has obtained a final judgment that is 1512
unsatisfied against the mobile home , movable tiny home, or 1513
recreational vehicle dealer or broker or its surety jointly and 1514
severally, or against the mobile home or movable tiny home 1515
dealer or broker only, if the court found that the surety was 1516
not liable due to prior payment of valid claims against the bond 1517
in an amount equal to, or greater than, the face amount of the 1518
applicable bond; or the claimant is prohibited from filing a 1519
claim in a lawsuit because a bankruptcy proceeding is pending by 1520
the dealer or broker, and the claimant has filed a claim in that 1521
bankruptcy proceeding; or the dealer or broker has closed his or 1522
her business and cannot be found or located within the 1523
jurisdiction of the state; and 1524
(b) A claim has been made in a lawsuit agai nst the surety 1525
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 62 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and a judgment obtained is unsatisfied; a claim has been made in 1526
a lawsuit against the surety which has been stayed or discharged 1527
in a bankruptcy proceeding; or a claimant is prohibited from 1528
filing a claim in a lawsuit because a bankruptcy p roceeding is 1529
pending by surety or the surety is not liable due to the prior 1530
payment of valid claims against the bond in an amount equal to, 1531
or greater than, the face amount of the applicable bond. 1532
However, a claimant may not recover against the trust fund if 1533
the claimant has recovered from the surety an amount that is 1534
equal to or greater than the total loss. 1535
(6) In order to recover from the trust fund, the person 1536
must file an application and verified claim with the department. 1537
(a) If the claimant has ob tained a judgment that is 1538
unsatisfied against the mobile home , movable tiny home, or 1539
recreational vehicle dealer or broker or its surety as set forth 1540
in this section, the verified claim must specify the following: 1541
1.a. That the judgment against the mobil e home, movable 1542
tiny home, or recreational vehicle dealer or broker and its 1543
surety has been entered; or 1544
b. That the judgment against the mobile home , movable tiny 1545
home, or recreational vehicle dealer or broker contains a 1546
specific finding that the surety has no liability, that 1547
execution has been returned unsatisfied, and that a judgment 1548
lien has been perfected; 1549
2. The amount of actual damages broken down by category as 1550
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 63 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
awarded by the court or jury in the cause which resulted in the 1551
unsatisfied judgment, and the amount of attorney attorney's fees 1552
set forth in the unsatisfied judgment; 1553
3. The amount of payment or other consideration received, 1554
if any, from the mobile home , movable tiny home, or recreational 1555
vehicle dealer or broker or its surety; 1556
4. The amount that may be realized, if any, from the sale 1557
of real or personal property or other assets of the judgment 1558
debtor liable to be sold or applied in satisfaction of the 1559
judgment and the balance remaining due on the judgment after 1560
application of the amoun t which has been realized and a 1561
certification that the claimant has made a good faith effort to 1562
collect the judgment; 1563
5. An assignment by the claimant of rights, title, or 1564
interest in the unsatisfied judgment lien to the department; and 1565
6. Such other information as the department requires. 1566
(b) If the claimant has alleged a claim as set forth in 1567
paragraph (5)(a) and for the reasons set forth therein has not 1568
been able to secure a judgment, the verified claim must contain 1569
the following: 1570
1. A true copy of the pleadings in the lawsuit that was 1571
stayed or discharged by the bankruptcy court and the order of 1572
the bankruptcy court staying those proceedings or a true copy of 1573
the claim that was filed in the bankruptcy court proceedings; 1574
2. Allegations of the a cts or omissions by the mobile 1575
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 64 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
home, movable tiny home, or recreational vehicle dealer or 1576
broker setting forth the specific acts or omissions complained 1577
of which resulted in actual damage to the person, along with the 1578
actual dollar amount necessary to reim burse or compensate the 1579
person for costs or expenses resulting from the acts or 1580
omissions of which the person complained; 1581
3. True copies of all purchase agreements, notices, 1582
service or repair orders or papers or documents of any kind 1583
whatsoever which the person received in connection with the 1584
purchase, exchange, or lease -purchase of the mobile home , 1585
movable tiny home, or recreational vehicle from which the 1586
person's cause of action arises; 1587
4. An assignment by the claimant of rights, title, or 1588
interest in the claim to the department; and 1589
5. Such other information as the department requires. 1590
(c) The department may require such proof as it deems 1591
necessary to document the matters set forth in the claim. 1592
(7) Within 90 days after receipt of the applicatio n and 1593
verified claim, the department shall issue its determination on 1594
the claim. Such determination shall not be subject to the 1595
provisions of chapter 120, but shall be reviewable only by writ 1596
of certiorari in the circuit court in the county in which the 1597
claimant resides in the manner and within the time provided by 1598
the Florida Rules of Appellate Procedure. The claim must be paid 1599
within 45 days after the determination , or, if judicial review 1600
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 65 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
is sought, within 45 days after the review becomes final. A 1601
person may not be paid an amount from the fund in excess of 1602
$25,000 per mobile home , movable tiny home, or recreational 1603
vehicle, which includes any damages, restitution, payments 1604
received as the result of a claim against the surety bond, or 1605
expenses, including re asonable attorney attorney's fees. Before 1606
Prior to payment, the person must execute an assignment to the 1607
department of all the person's rights and title to, and interest 1608
in, the unsatisfied judgment and judgment lien or the claim 1609
against the dealer or brok er and its surety. 1610
(8) The department, in its discretion and where feasible, 1611
may try to recover from the mobile home , movable tiny home, or 1612
recreational vehicle dealer or broker, or the judgment debtor or 1613
its surety, all sums paid to persons from the tru st fund. Any 1614
sums recovered shall be deposited to the credit of the trust 1615
fund. The department shall be awarded a reasonable attorney 1616
attorney's fee for all actions taken to recover any sums paid to 1617
persons from the trust fund pursuant to this section. 1618
(9) This section does not apply to any claim, and a person 1619
may not recover against the trust fund as the result of any 1620
claim, against a mobile home , movable tiny home, or recreational 1621
vehicle dealer or broker resulting from a cause of action 1622
directly related to the sale, lease -purchase, exchange, 1623
brokerage, or installation of a mobile home , movable tiny home, 1624
or recreational vehicle before prior to July 1, 2006. 1625
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 66 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(10) Neither the department , nor the trust fund shall be 1626
liable to any person for recovery if t he trust fund does not 1627
have the moneys necessary to pay amounts claimed. If the trust 1628
fund does not have sufficient assets to pay the claimant, it 1629
shall log the time and date of its determination for payment to 1630
a claimant. If moneys become available, the d epartment shall pay 1631
the claimant whose unpaid claim is the earliest by time and date 1632
of determination. 1633
(11) A It is unlawful for any person or his or her agent 1634
may not to file a any notice, statement, or other document 1635
required under this section which i s false or contains any 1636
material misstatement of fact. A Any person who violates this 1637
subsection commits is guilty of a misdemeanor of the second 1638
degree, punishable as provided in s. 775.082 or s. 775.083. 1639
Section 38. Section 320.822, Florida Statutes, is amended 1640
to read: 1641
320.822 Definitions; ss. 320.822 -320.862.—In construing 1642
ss. 320.822-320.862, unless the context otherwise requires, the 1643
following words or phrases have the following meanings: 1644
(1) "Buyer" means a person who purchases at retail from a 1645
dealer or manufacturer a mobile home , movable tiny home, or 1646
recreational vehicle for his or her own use as a residence , or 1647
other related use. 1648
(2) "Code" means the appropriate standards found in: 1649
(a) The Federal Manufactured Housing Construction and 1650
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 67 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Safety Standards for single -family mobile homes, adopted 1651
promulgated by the Department of Housing and Urban Development; 1652
(b) The Uniform Standards Code approved by the American 1653
National Standards Institute, ANSI A -119.2 for recreational 1654
vehicles and ANSI A-119.5 for park trailers or the United States 1655
Department of Housing and Urban Development standard for park 1656
trailers certified as meeting that standard; or 1657
(c) The Mobile and Manufactured Home Repair and Remodeling 1658
Code and the Used Recreational Vehicl e Code; or 1659
(d) Code requirements specified in s. 320.82315 for 1660
movable tiny homes and certified to meet those standards . 1661
(3) "Construction" means the minimum requirements for 1662
materials, products, equipment, and workmanship needed to ensure 1663
assure that the mobile home, movable tiny home, or recreational 1664
vehicle will provide structural strength and rigidity; 1665
protection against corrosion, decay, and other similar 1666
destructive forces; resistance to the elements; and durability 1667
and economy of maintenance. 1668
(4) "Institute" means the United States of America 1669
Standards Institute. 1670
(5) "Length," for purposes of transportation only, means 1671
the distance from the extreme front of the mobile home , movable 1672
tiny home, or recreational vehicle, to the extreme rear, 1673
including the drawbar and coupling mechanism, but not including 1674
expandable features that do not project from the body during 1675
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 68 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
transportation. 1676
(6) "Length of a mobile home or movable tiny home " means 1677
the distance from the exterior of the front wall (nearest to the 1678
drawbar and coupling mechanism) to the exterior of the rear wall 1679
(at the opposite end of the home) where such walls enclose 1680
living or other interior space and such distance includes 1681
expandable rooms but not bay windows, porches, drawbars, 1682
couplings, hitches, wall and roof extensions, or other 1683
attachments. 1684
(7) "Licensee" means a any person licensed or required to 1685
be licensed under s. 320.8225. 1686
(8) "Mobile home dealer" means a any person engaged in the 1687
business of buying, selling, or dealing in mobile homes or 1688
offering or displaying mobile homes for sale. A Any person who 1689
buys, sells, or deals in one or more mobile homes in any 12 -1690
month period or who offers or displays for sale one or more 1691
mobile homes in any 12 -month period shall be prima facie 1692
presumed to be engaged in the business of a mobile home dealer. 1693
The terms "selling" and "sale" include lease -purchase 1694
transactions. The term "mobile home dealer" does not include a 1695
bank, credit union, or finance company that acquires mobile 1696
homes as an incident to its regular business, does not include a 1697
mobile home rental or leasing company that sells mobile homes to 1698
mobile home dealers licensed under s. 320.77, and does not 1699
include persons who are selling their own mobile homes. 1700
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 69 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(9) "Movable tiny home dealer" means a person engaged in 1701
the business of buying, selling, or dealing in movable tiny 1702
homes or offering or displaying movable tiny homes for sale. The 1703
term "dealer" includes a movable tiny home broker. A person who 1704
buys, sells, deals in, or offers or disp lays for sale, or who 1705
acts as the agent for the sale of, one or more movable tiny 1706
homes in any 12-month period shall be prima facie presumed to be 1707
a dealer. The terms "selling" and "sale" include lease -purchase 1708
transactions. The term "dealer" does not incl ude banks, credit 1709
unions, and finance companies that acquire movable tiny homes as 1710
an incident to their regular business and does not include 1711
mobile home rental and leasing companies that sell movable tiny 1712
homes to dealers licensed under s. 320.772. 1713
(10)(9) "Recreational vehicle dealer" means a any person 1714
engaged in the business of buying, selling, or dealing in 1715
recreational vehicles or offering or displaying recreational 1716
vehicles for sale. The term "dealer" includes a recreational 1717
vehicle broker. A Any person who buys, sells, deals in, or 1718
offers or displays for sale, or who acts as the agent for the 1719
sale of, one or more recreational vehicles in any 12 -month 1720
period shall be prima facie presumed to be a dealer. The terms 1721
"selling" and "sale" include lease -purchase transactions. The 1722
term "dealer" does not include banks, credit unions, and finance 1723
companies that acquire recreational vehicles as an incident to 1724
their regular business and does not include mobile home rental 1725
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 70 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and leasing companies that sell recrea tional vehicles to dealers 1726
licensed under s. 320.771. 1727
(11)(10) "Mobile home manufacturer" means a any person, 1728
resident or nonresident, who, as a trade or commerce, 1729
manufactures or assembles mobile homes. 1730
(12) "Movable tiny home manufacturer" means a person, 1731
resident or nonresident, who, as a trade or commerce, 1732
manufactures or assembles movable tiny homes in such manner that 1733
they then qualify as movable tiny homes for sale in this state. 1734
(13)(11) "Recreational vehicle manufacturer" means a any 1735
person, resident or nonresident, who, as a trade or commerce, 1736
manufactures or assembles recreational vehicles or van -type 1737
vehicles in such manner that they then qualify as recreational 1738
vehicles, for sale in this state. 1739
(14)(12) "Responsible party" means a manu facturer, dealer, 1740
or supplier. 1741
(15)(13) "Seal" or "label" means a device issued by the 1742
department certifying that a mobile home , movable tiny home, or 1743
recreational vehicle meets the appropriate code, which device is 1744
to be displayed on the exterior of the mobile home, movable tiny 1745
home, or recreational vehicle. 1746
(16)(14) "Setup" or "installation" means the operations 1747
performed at the occupancy site which render a mobile home , 1748
movable tiny home, or park trailer fit for habitation. Such 1749
operations include, but are not limited to, transporting; 1750
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 71 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
positioning; blocking; leveling, supporting, installing 1751
foundation products, components, and systems; connecting utility 1752
systems; making minor adjustments; or assembling multiple or 1753
expandable units. 1754
(17)(15) "Substantial defect" means: 1755
(a) A Any substantial deficiency or defect in materials or 1756
workmanship occurring to a mobile home , movable tiny home, or 1757
recreational vehicle which has been reasonably maintained and 1758
cared for in normal use. 1759
(b) A Any structural element, utility system, or component 1760
of the mobile home, movable tiny home, or recreational vehicle , 1761
which fails to comply with the code. 1762
(18)(16) "Supplier" means the original producer of 1763
completed components, including refrigerators, stoves, hot water 1764
heaters, dishwashers, cabinets, air conditioners, heating units, 1765
and similar components, which are furnished to a manufacturer or 1766
dealer for installation in the mobile home , movable tiny home, 1767
or recreational vehicle before prior to sale to a buyer. 1768
(19)(17) "Width of a mobile home or movable tiny home " 1769
means the distance from the exterior of one side wall to the 1770
exterior of the opposite side wall where such walls enclose 1771
living or other interior space and such distance includes 1772
expandable rooms but not ba y windows, porches, wall and roof 1773
extensions, or other attachments. 1774
(20)(18) "Body size" of a movable tiny home, park trailer, 1775
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 72 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
travel trailer, or fifth -wheel trailer means the distance from 1776
the exterior side or end to the opposite exterior side or end of 1777
the body. Such distance includes expandable rooms, bay windows, 1778
wall and roof extensions, or other extrusions in the travel 1779
mode. The following exceptions apply: 1780
(a) Travel trailers may shall not exceed 320 square feet. 1781
All square footage measurements a re of the exterior when in 1782
setup mode, including bay windows. 1783
(b) Park trailers constructed to ANSI A -119.5 may shall 1784
not exceed 400 square feet. Park trailers constructed to the 1785
United States Department of Housing and Urban Development 1786
standard may shall not exceed 500 square feet. All square 1787
footage measurements are of the exterior when in setup mode and 1788
do not include bay windows. 1789
(c) Fifth-wheel trailers may not exceed 400 square feet. 1790
All square footage measurements are of the exterior when in 1791
setup mode, including bay windows. 1792
(d) Movable tiny homes constructed to code requirements 1793
specified in s. 320.82315 may not exceed 400 square feet. 1794
Movable tiny homes constructed to the United States Department 1795
of Housing and Urban Development standard may not exceed 500 1796
square feet. All square footage measurements are of the exterior 1797
when in setup mode and do not include bay windows. 1798
Section 39. Subsection (1), paragraph (b) of subsection 1799
(5), and subsections (6), (7), and (8) of section 320.8225, 1800
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 73 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida Statutes, are amended to read: 1801
320.8225 Mobile home , movable tiny home, and recreational 1802
vehicle manufacturer, distributor, and importer license. — 1803
(1) LICENSE REQUIRED. —A Any person who engages in the 1804
business of a mobile home manufacturer , a movable tiny home 1805
manufacturer, or a recreational vehicle manufacturer, 1806
distributor, or importer in this state, or who manufactures 1807
mobile homes, movable tiny homes, or recreational vehicles out 1808
of state which are ultimately offered for sale in this state, 1809
shall obtain annually a license for each factory location in 1810
this state and for each factory location out of state which 1811
manufactures mobile homes , movable tiny homes, or recreational 1812
vehicles for sale in this state before, prior to distributing or 1813
importing mobile homes, movable tiny homes, or recreational 1814
vehicles for sale in this state. 1815
(5) REQUIREMENT OF ASSURANCE. — 1816
(b) Annually, before prior to the receipt of a license to 1817
manufacture, distribute, or import recreational vehicles or 1818
movable tiny homes, the applicant or licensee shall submit a 1819
surety bond, or a proper continuation certificate, sufficient to 1820
assure satisfaction of claims against the licensee for failure 1821
to comply with appropriate code standards, failure to provide 1822
warranty service, or vi olation of any provisions of this 1823
section. The amount of the surety bond must be $10,000 per year. 1824
The surety bond must be to the department, in favor of any 1825
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 74 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
retail customer who suffers loss arising out of noncompliance 1826
with code standards or failure to ho nor or provide warranty 1827
service. The department may disapprove any bond that does not 1828
provide assurance as provided in this section. Within 10 1829
calendar days after any renewal or continuation of or material 1830
change in such surety bond or issuance of a new su rety bond, a 1831
licensee shall deliver to the department, in a manner prescribed 1832
by the department, a copy of such renewed, continued, changed, 1833
or new surety bond. 1834
(6) LICENSE PERIOD. —A license issued to a mobile home 1835
manufacturer, a movable tiny home manuf acturer, or a 1836
recreational vehicle manufacturer, distributor, or importer 1837
entitles the licensee to conduct business for a period of 1 or 2 1838
years beginning October 1 preceding the date of issuance. 1839
(7) DENIAL OF LICENSE. —The department may deny a mobile 1840
home manufacturer, a movable tiny home manufacturer, or a 1841
recreational vehicle manufacturer, distributor, or importer 1842
license on the ground that: 1843
(a) The applicant has made a material misstatement in his 1844
or her application for a license. 1845
(b) The applicant has failed to comply with any applicable 1846
provision of this chapter. 1847
(c) The applicant has failed to provide warranty service. 1848
(d) The applicant or one or more of his or her principals 1849
or agents has violated any law, rule, or regulation relating to 1850
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 75 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the manufacture or sale of mobile homes , movable tiny homes, or 1851
recreational vehicles. 1852
(e) The department has proof of the unfitness of the 1853
applicant. 1854
(f) The applicant or licensee has engaged in previous 1855
conduct in any state which would have been a gro und for 1856
revocation or suspension of a license in this state. 1857
(g) The applicant or licensee has violated any provision 1858
of the National Mobile Home Construction and Safety Standards 1859
Act of 1974 or any related rule or regulation adopted by the 1860
Department of Housing and Urban Development. 1861
1862
Upon denial of a license, the department shall notify the 1863
applicant within 10 days, stating in writing its grounds for 1864
denial. The applicant is entitled to an administrative hearing 1865
and may request that such hearing be held within 45 days after 1866
of denial of the license. All proceedings must be pursuant to 1867
chapter 120. 1868
(8) REVOCATION OR SUSPENSION OF LICENSE. —The department 1869
shall suspend or, in the case of a subsequent offense, shall 1870
revoke a any license upon a finding that the licensee violated 1871
any provision of this chapter or any other law of this state 1872
regarding the manufacture, warranty, or sale of mobile homes , 1873
movable tiny homes, or recreational vehicles. The department may 1874
reinstate the license if it finds that the fo rmer licensee has 1875
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 76 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
complied with all applicable requirements of this chapter and an 1876
application for a license is refiled pursuant to this section. 1877
Section 40. Section 320.82315, Florida Statutes, is 1878
created to read: 1879
320.82315 Establishment of uniform standards for movable 1880
tiny homes.— 1881
(1) Each movable tiny home, as defined in s. 320.01(46), 1882
manufactured in this state or manufactured outside this state 1883
but sold or offered for sale in this state shall meet the 1884
Uniform Standards Code ANSI book A -119.2 or A-119.5, as 1885
applicable, approved by the American National Standards 1886
Institute. Such standards shall include, but are not limited to, 1887
standards for the installation of plumbing, heating, and 1888
electrical systems and fire and life safety in movable tiny 1889
homes. Each movable tiny home shall also be manufactured with: 1890
(a) Insulation with a thermal resistance value of at least 1891
R-13 in the walls and at least R -19 in the ceiling. 1892
(b) Residential-grade insulated doors and windows. 1893
(c) An electrical system that meets National Fire 1894
Protection Association (NFPA) 70, National Electrical Code, 1895
article 551 or article 552, as applicable. 1896
(d) Low-voltage electrical systems that meet the 1897
requirements of the ANSI/RVIA Low Voltage Systems in Conversion 1898
and RVs Standard. 1899
(e) Wall framing consisting of studs that are between 16 1900
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 77 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and 24 inches on center, which studs are at least 2 inches by 4 1901
inches of wood or metal, or equivalent structural insulated 1902
panels. 1903
(2) Each movable tiny home must be inspected and certified 1904
by a professional engineer licensed in this state or a qualified 1905
third-party inspector for compliance with subsection (1). 1906
However, a movable tiny home that exceeds 400 square feet must 1907
comply with federal manufactured home construction and safety 1908
standards contained in 42 U.S.C. ss. 5401 -5426 and must be given 1909
a United States Department of Housing and Urban Development 1910
label. 1911
(3) Trailer hitches or other trailer connecting devices 1912
manufactured, sold, or offered for sale in this state for use 1913
with a trailer governed by this section must conform to the 1914
certification standards in Vehicle Equipment Safety Commission 1915
Regulation V-5. 1916
Section 41. Section 320.8245, Florida Statutes, is amended 1917
to read: 1918
320.8245 Limitation of alteration or modification to 1919
mobile homes, movable tiny homes, or recreational vehicles. — 1920
(1) LIMITATION OF ALTERATIONS OR MODIFICATIONS. —An No 1921
alteration or modification may not shall be made to a mobile 1922
home, movable tiny home, or recreational vehicle by a licensed 1923
dealer after shipmen t from the manufacturer's plant unless such 1924
alteration or modification is authorized in this section. 1925
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 78 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) EFFECT ON MOBILE HOME OR MOVABLE TINY HOME WARRANTY.—1926
Unless an alteration or modification is performed by a qualified 1927
person as defined in subsectio n (4), the warranty responsibility 1928
of the manufacturer as to the altered or modified item shall be 1929
void. 1930
(a) An alteration or modification performed by a mobile 1931
home, movable tiny home, or recreational vehicle dealer or his 1932
or her agent or employee shall place warranty responsibility for 1933
the altered or modified item upon the dealer. If the 1934
manufacturer fulfills, or is required to fulfill, the warranty 1935
on the altered or modified item, he or she shall be entitled to 1936
recover damages in the amount of his or h er costs and attorney 1937
attorneys' fees from the dealer. 1938
(b) An alteration or modification performed by a mobile 1939
home, movable tiny home, or recreational vehicle owner or his or 1940
her agent shall render the manufacturer's warranty as to that 1941
item void. A statement shall be displayed clearly and 1942
conspicuously on the face of the warranty that the warranty is 1943
void as to the altered or modified item if the alteration or 1944
modification is performed by other than a qualified person. 1945
Failure to display such statement shall result in warranty 1946
responsibility on the manufacturer. 1947
(3) AUTHORITY OF THE DEPARTMENT. —The department may adopt 1948
is authorized to promulgate rules and regulations pursuant to 1949
chapter 120 which define the alterations or modifications that 1950
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 79 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
which must be made by qualified personnel. The department may 1951
regulate only those alterations and modifications that which 1952
substantially impair the structural integrity or safety of the 1953
mobile home. 1954
(4) DESIGNATION AS A QUALIFIED PERSON. — 1955
(a) In order to be designated as a person qualified to 1956
alter or modify a mobile home , movable tiny home, or 1957
recreational vehicle, a person must comply with local or county 1958
licensing or competency requirements in skills relevant to 1959
performing alterations or modifications on mobile homes, movable 1960
tiny homes, or recreational vehicles. 1961
(b) When no local or county licensing or competency 1962
requirements exist, the department may certify persons to 1963
perform mobile home alterations or modifications. The department 1964
shall by rule or regulation determine what skills and competency 1965
requirements are requisite to the issuance of a certification. A 1966
fee sufficient to cover the costs of issuing certifications may 1967
be charged by the department. The certification shall be valid 1968
for a period that which terminates when the county or other 1969
local governmental unit enacts relevant competency or licensing 1970
requirements. The certification shall be valid only in counties 1971
or localities without licensing or competency requirements. 1972
(c) The department shall determine which counties and 1973
localities have licensing or competency requirements adequate to 1974
eliminate the requirement of certification. This determination 1975
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 80 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
shall be based on a review of the relevant county or local 1976
standards for adequacy in regulating pe rsons who perform 1977
alterations or modifications to mobile homes. The department 1978
shall find local or county standards adequate when minimal 1979
licensing or competency standards are provided. 1980
Section 42. Subsection (7) of section 320.8285, Florida 1981
Statutes, is amended to read: 1982
320.8285 Onsite inspection. — 1983
(7) Park trailers and movable tiny homes are subject to 1984
inspection in the same manner as are mobile homes pursuant to 1985
this section. 1986
Section 43. Subsection (1) of section 320.8325, Florida 1987
Statutes, is amended to read: 1988
320.8325 Mobile homes, movable tiny homes, manufactured 1989
homes, and park trailers; uniform installation standards; 1990
injunctions; penalty. — 1991
(1) The department shall adopt rules setting forth uniform 1992
standards for the installation of mobile homes, movable tiny 1993
homes, manufactured homes, and park trailers and for the 1994
manufacture of components, products, or systems used in the 1995
installation of mobile homes, movable tiny homes, manufactured 1996
homes, and park trailers. The rules shall ensure that the home 1997
or park trailer is installed on a permanent foundation that 1998
resists wind, flood, flotation, overturning, sliding, and 1999
lateral movement of the home o r park trailer. Only No entity, 2000
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 81 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other than the department may, has authority to amend these 2001
uniform standards. The owner of the mobile home, movable tiny 2002
home, manufactured home, or park trailer is shall be responsible 2003
for the installation in accordance wi th department rules. 2004
Section 44. Section 320.835, Florida Statutes, is amended 2005
to read: 2006
320.835 Mobile home , movable tiny home, and recreational 2007
vehicle warranties.—Each manufacturer, dealer, installer, and 2008
supplier of mobile homes , movable tiny homes, or recreational 2009
vehicles shall warrant each new mobile home , movable tiny home, 2010
or recreational vehicle sold in this state and the setup of each 2011
such mobile home, in accordance with the warranty requirements 2012
prescribed by this section, for a period of a t least 12 months, 2013
measured from the date of delivery of the mobile home to the 2014
buyer or the date of sale of the movable tiny home or 2015
recreational vehicle in the case of a manufacturer or dealer, or 2016
from the date of receipt of a certificate of occupancy in the 2017
case of an installer. The warranty requirements of each 2018
manufacturer, dealer, installer, and supplier of mobile homes , 2019
movable tiny homes, or recreational vehicles are as follows: 2020
(1) The manufacturer warrants: 2021
(a) For a mobile home , movable tiny home, or recreational 2022
vehicle, that all structural elements; plumbing systems; 2023
heating, cooling, and fuel -burning systems; electrical systems; 2024
fire prevention systems; and any other components or conditions 2025
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 82 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
included by the manufacturer are free from substa ntial defect. 2026
(b) That 100-ampere electrical service exists in the 2027
mobile home. 2028
(2) The dealer warrants: 2029
(a) That any modifications or alterations made to the 2030
mobile home, movable tiny home, or recreational vehicle by the 2031
dealer or authorized by the dealer shall be free from 2032
substantial defect. Alterations or modifications made by a 2033
dealer shall relieve the manufacturer of warranty responsibility 2034
only as to the item altered or modified. 2035
(b) That setup operations performed on the mobile home are 2036
performed in compliance with s. 320.8325. 2037
(c) That substantial defects do not occur to the mobile 2038
home during setup or by transporting it to the occupancy site. 2039
2040
When the setup of a mobile home is performed by a person who is 2041
not an employee or agent of the mobile home manufacturer or 2042
dealer and is not compensated or authorized by, or connected 2043
with, such manufacturer or dealer, then the warranty 2044
responsibility of the manufacturer or dealer as to setup shall 2045
be limited to transporting the mobile home to the o ccupancy site 2046
free from substantial defect. 2047
(3) The installer warrants that the setup operations 2048
performed on the mobile home are performed in compliance with s. 2049
320.8325 and department rules governing the installation. 2050
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 83 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4) The supplier warrants that a ny warranties generally 2051
offered in the ordinary sale of his or her product to consumers 2052
shall be extended to buyers of mobile homes , movable tiny homes, 2053
and recreational vehicles. When a no warranty is not extended by 2054
suppliers, the manufacturer shall assu me warranty responsibility 2055
for that component. 2056
(5) The department may adopt rules under chapter 120 to 2057
resolve disputes that may arise among the mobile home 2058
manufacturer, dealer, installer, or supplier. Those rules must 2059
comply with the dispute resolution process as set forth in the 2060
federal Manufactured Housing Improvement Act. 2061
Section 45. Section 205.193, Florida Statutes, is amended 2062
to read: 2063
205.193 Mobile home setup operations; local business tax 2064
receipt prohibited; exception. —A county, municipali ty, or other 2065
unit of local government may not require a licensed mobile home 2066
dealer or a licensed mobile home manufacturer, or an employee of 2067
a dealer or manufacturer, who performs setup operations as 2068
defined in s. 320.822(16) s. 320.822 to be a business tax 2069
receiptholder to engage in such operations. However, such dealer 2070
or manufacturer must obtain a local receipt for his or her 2071
permanent business location or branch office, which receipt 2072
shall not require for its issuance any conditions other than 2073
those required by chapter 320. 2074
Section 46. Subsections (1) and (2) of section 212.0601, 2075
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 84 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida Statutes, are amended to read: 2076
212.0601 Use taxes of vehicle dealers. — 2077
(1) Each motor vehicle dealer who is required by s. 2078
320.08(13) s. 320.08(12) to purchase one or more dealer license 2079
plates shall pay an annual use tax of $27 for each dealer 2080
license plate purchased under that subsection, in addition to 2081
the license tax imposed by that subsection. The use tax shall be 2082
for the year for which the dealer license pl ate was purchased. 2083
(2) There shall be no additional tax imposed by this 2084
chapter for the use of a dealer license plate for which, after 2085
July 1, 1987, a dealer use tax has been paid under this section. 2086
This exemption shall apply to the time period before t he sale or 2087
any other disposition of the vehicle throughout the year for 2088
which the dealer license plate required by s. 320.08(13) s. 2089
320.08(12) is purchased. 2090
Section 47. Paragraph (a) of subsection (3) of section 2091
320.06, Florida Statutes, is amended to read: 2092
320.06 Registration certificates, license plates, and 2093
validation stickers generally. — 2094
(3)(a) Registration license plates must be made of metal 2095
specially treated with a retroreflection material, as specified 2096
by the department. The registration lic ense plate is designed to 2097
increase nighttime visibility and legibility and must be at 2098
least 6 inches wide and not less than 12 inches in length, 2099
unless a plate with reduced dimensions is deemed necessary by 2100
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 85 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the department to accommodate motorcycles, mopeds , or similar 2101
smaller vehicles. Validation stickers must also be treated with 2102
a retroreflection material, must be of such size as specified by 2103
the department, and must adhere to the license plate. The 2104
registration license plate must be imprinted with a comb ination 2105
of bold letters and numerals or numerals, not to exceed seven 2106
digits, to identify the registration license plate number. The 2107
license plate must be imprinted with the word "Florida" at the 2108
top and the name of the county in which it is sold, the stat e 2109
motto, or the words "Sunshine State" at the bottom. Apportioned 2110
license plates must have the word "Apportioned" at the bottom, 2111
and license plates issued for vehicles taxed under s. 2112
320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (15) (14) must 2113
have the word "Restricted" at the bottom. License plates issued 2114
for vehicles taxed under s. 320.08(13) s. 320.08(12) must be 2115
imprinted with the word "Florida" at the top and the word 2116
"Dealer" at the bottom unless the license plate is a specialty 2117
license plate as authorized in s. 320.08056. Manufacturer 2118
license plates issued for vehicles taxed under s. 320.08(13) s. 2119
320.08(12) must be imprinted with the word "Florida" at the top 2120
and the word "Manufacturer" at the bottom. License plates issued 2121
for vehicles taxed under s. 320.08(5)(d) or (e) must be 2122
imprinted with the word "Wrecker" at the bottom. Any county may, 2123
upon majority vote of the county commission, elect to have the 2124
county name removed from the license plates sold in that county. 2125
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 86 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
The state motto or the words "Sunshine State" shall be printed 2126
in lieu thereof. A license plate issued for a vehicle taxed 2127
under s. 320.08(6) may not be assigned a registration license 2128
number, or be issued with any other distinctive character or 2129
designation, that distingu ishes the motor vehicle as a for -hire 2130
motor vehicle. 2131
Section 48. Subsection (1) of section 320.133, Florida 2132
Statutes, is amended to read: 2133
320.133 Transporter license plates. — 2134
(1) The department may is authorized to issue a 2135
transporter license plate to an any applicant who, incidental to 2136
the conduct of his or her business, engages in the transporting 2137
of motor vehicles that which are not currently registered to any 2138
owner and that which do not have license plates, upon payment of 2139
the license tax impose d by s. 320.08(16) s. 320.08(15) for each 2140
such license plate and upon proof of liability insurance 2141
coverage in the amount of $100,000 or more. Such a transporter 2142
license plate is valid for use on any motor vehicle in the 2143
possession of the transporter while the motor vehicle is being 2144
transported in the course of the transporter's business. 2145
Section 49. Subsection (11) of section 320.77, Florida 2146
Statutes, is amended to read: 2147
320.77 License required of mobile home dealers. — 2148
(11) SETUP OPERATIONS. —Each licensee may perform setup 2149
operations only as defined in s. 320.822(16) s. 320.822, and the 2150
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 87 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
department shall provide by rule for the uniform application of 2151
all existing statutory provisions relating to licensing and 2152
setup operations. 2153
Section 50. Subsections (6), (12), and (15) of section 2154
320.8249, Florida Statutes, are amended to read: 2155
320.8249 Mobile home installers license. — 2156
(6) For purposes of this section, the term "installation," 2157
has the same meaning as the term as used herein, is synonymous 2158
with "setup" as defined in s. 320.822(16) s. 320.822(14). 2159
(12) A county, municipality, or other unit of local 2160
government may not require additional licensing, bonding, or 2161
insurance of a duly licensed installer who performs setu p 2162
operations as defined in s. 320.822(16) s. 320.822. However, a 2163
county, municipality, or other unit of local government may 2164
require an installer to obtain a local occupational license, 2165
which license shall not require for its issuance any conditions 2166
other than those required by this chapter and payment of the 2167
appropriate occupational license fee. 2168
(15) In performing the installation, installers shall not 2169
perform plumbing or electrical activities prohibited by 2170
department rules related to setup operations pu rsuant to s. 2171
320.822(16) s. 320.822. 2172
Section 51. Except as otherwise expressly provided in this 2173
act, this act shall take effect July 1, 2023, but only if HB 323 2174
or similar legislation takes effect , if such legislation is 2175
HB 321 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 88 of 88
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
adopted in the same legislati ve session or an extension thereof 2176
and becomes a law. 2177