Florida 2023 Regular Session

Florida House Bill H0321 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	~~CS/~~HB 321 2023
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10	10		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
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12	12
13	13
14	14		A bill to be entitled 1
15	15		An act relating to movable tiny homes; amending s. 2
16		-	320.01, F.S.; revising definitions; providing that a 3
17		-	park trailer may be used as permanent living quarters 4
18		-	under specified circumstances; providing that such a 5
19		-	park trailer may be referred to as a "movable tiny 6
20		-	home"; amending s. 320.822, F.S.; revising the 7
21		-	definition of the term "code"; amending s. 320.8231, 8
22		-	F.S.; establishing uniform standards for the 9
23		-	construction and inspection of a movable tiny home; 10
24		-	providing an effective date. 11
25		-	12
26		-	Be It Enacted by the Legislature of the State of Florida: 13
27		-	14
28		-	Section 1. Paragraph (b) of subsection (1) of section 15
29		-	320.01, Florida Statutes, is amended to read: 16
30		-	320.01 Definitions, general.—As used in the Florida 17
31		-	Statutes, except as otherwise provided, the term: 18
32		-	(1) "Motor vehicle" means: 19
33		-	(b) A recreational vehicle -type unit primarily designed as 20
34		-	temporary living quarters for recreational, camping, or travel 21
35		-	use, or designed to be used as provided in sub -sub-subparagraph 22
36		-	7.a.(II), which either has its own motive power or is mounted on 23
37		-	or drawn by another vehicle. Recreational vehicle -type units, 24
38		-	when traveling on the public roadways of this state, must comply 25
39		-
40		-	CS/HB 321 2023
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47		-	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
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51		-	with the length and width provisions of s. 316.515, as that 26
52		-	section may hereafter be amended. As defined below, the basic 27
53		-	entities are: 28
54		-	1. The "travel trailer," which is a vehicular portable 29
55		-	unit, mounted on wheels, of such a size or weight as not to 30
56		-	require special highway movement permits when drawn by a 31
57		-	motorized vehicle. It is primarily designed and constructed to 32
58		-	provide temporary living quarters for recreational, camping, or 33
59		-	travel use. It has a body width of no more than 8 1/2 feet and 34
60		-	an overall body length of no more than 40 feet when factory -35
61		-	equipped for the road. 36
62		-	2. The "camping trailer," which is a vehicular portable 37
63		-	unit mounted on wheels and constructed with collapsible partial 38
64		-	sidewalls which fold for towing by another vehicle and unfold at 39
65		-	the campsite to provide temporary living quarters for 40
66		-	recreational, camping, or travel use. 41
67		-	3. The "truck camper," which is a truck equipped with a 42
68		-	portable unit designed to be loaded onto, or affixed to, the bed 43
69		-	or chassis of the truck and constructed to provide t emporary 44
70		-	living quarters for recreational, camping, or travel use. 45
71		-	4. The "motor home," which is a vehicular unit which does 46
72		-	not exceed the length, height, and width limitations provided in 47
73		-	s. 316.515, is a self -propelled motor vehicle, and is primarily 48
74		-	designed to provide temporary living quarters for recreational, 49
75		-	camping, or travel use. 50
76		-
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84		-	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
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88		-	5. The "private motor coach," which is a vehicular unit 51
89		-	which does not exceed the length, width, and height limitations 52
90		-	provided in s. 316.515(9), is built on a self -propelled bus type 53
91		-	chassis having no fewer than three load -bearing axles, and is 54
92		-	primarily designed to provide temporary living quarters for 55
93		-	recreational, camping, or travel use. 56
94		-	6. The "van conversion," which is a vehicular unit which 57
95		-	does not exceed the length and width limitations provided in s. 58
96		-	316.515, is built on a self -propelled motor vehicle chassis, and 59
97		-	is designed for recreation, camping, and travel use. 60
98		-	7.a. The "park trailer," which is a transportable unit 61
99		-	that which has a body width not exc eeding 14 feet and that which 62
100		-	is built on a single chassis and is : 63
101		-	(I) Designed to provide seasonal or temporary living 64
102		-	quarters when connected to utilities necessary for operation of 65
103		-	installed fixtures and appliances. The total area of such the 66
104		-	unit may in a setup mode, when measured from the exterior 67
105		-	surface of the exterior stud walls at the level of maximum 68
106		-	dimensions, not including any bay window, does not exceed 400 69
107		-	square feet when constructed to ANSI A -119.5 standards, and 500 70
108		-	square feet when cons tructed to United States Department of 71
109		-	Housing and Urban Development Standards ; or 72
110		-	(II) Used as permanent living quarters for no more than 73
111		-	one household when connected to utilities necessary for 74
112		-	operation of installed fixtures and appliances. The total area 75
113		-
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121		-	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
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125		-	of such unit may not exceed 400 square feet when constructed to 76
126		-	standards specified in s. 320.8231(3), and 500 square feet when 77
127		-	constructed to United States Department of Housing and Urban 78
128		-	Development Standards. A park trailer under this sub -sub-79
129		-	subparagraph may be referred to as a "movable tiny home." 80
130		-	b. The total area of a park trailer is measured from the 81
131		-	exterior surface of the exterior stud walls at the level of 82
132		-	maximum dimensions, not in cluding any bay window, when the unit 83
133		-	is in setup mode. The length of a park trailer means the 84
134		-	distance from the exterior of the front of the body (nearest to 85
135		-	the drawbar and coupling mechanism) to the exterior of the rear 86
136		-	of the body (at the opposite end of the body), including any 87
137		-	protrusions. 88
138		-	8. The "fifth-wheel trailer," which is a vehicular unit 89
139		-	mounted on wheels, designed to provide temporary living quarters 90
140		-	for recreational, camping, or travel use, of such size or weight 91
141		-	as not to require a special highway movement permit, of gross 92
142		-	trailer area not to exceed 400 square feet in the setup mode, 93
143		-	and designed to be towed by a motorized vehicle that contains a 94
144		-	towing mechanism that is mounted above or forward of the tow 95
145		-	vehicle's rear axle. 96
146		-	Section 2. Subsection (2) of section 320.822, Florida 97
147		-	Statutes, is amended to read: 98
148		-	320.822 Definitions; ss. 320.822 -320.862.—In construing 99
149		-	ss. 320.822-320.862, unless the context otherwise requires, the 100
150		-
151		-	CS/HB 321 2023
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158		-	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
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160		-
161		-
162		-	following words or phrases have the following meanings: 101
163		-	(2) "Code" means the appropriate standards found in: 102
164		-	(a) The Federal Manufactured Housing Construction and 103
165		-	Safety Standards for single -family mobile homes, adopted 104
166		-	promulgated by the Department of Housing and Urban Development; 105
167		-	(b) The Uniform Standards Code approved by the American 106
168		-	National Standards Institute, ANSI A -119.2 for recreational 107
169		-	vehicles and ANSI A-119.5 for park trailers or the United States 108
170		-	Department of Housing and Urban Development standard for park 109
171		-	trailers certified as meeting that sta ndard; or 110
172		-	(c) The Mobile and Manufactured Home Repair and Remodeling 111
173		-	Code and the Used Recreational Vehicle Code ; or 112
174		-	(d) The standards provided in s. 320.8231(3). 113
175		-	Section 3. Subsection s (3) and (4) are added to section 114
176		-	320.8231, Florida Statutes, t o read: 115
177		-	320.8231 Establishment of uniform standards for 116
178		-	recreational vehicle -type units and park trailers. — 117
179		-	(3) A movable tiny home described in s. 118
180		-	320.01(1)(b)7.a.(II) must, in addition to complying with 119
181		-	subsection (1), be constructed with at least al l of the 120
182		-	following: 121
183		-	(a) Insulation with a thermal resistance value of at least 122
184		-	R-13 in the walls and at least R -19 in the ceiling. 123
185		-	(b) Residential-grade insulated doors and windows. 124
186		-	(c) An electrical system that meets National Fire 125
187		-
188		-	CS/HB 321 2023
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195		-	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
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197		-
198		-
199		-	Protection Association (NFPA) 70, National Electrical Code, 126
200		-	article 551 or article 552, as applicable. 127
201		-	(d) Low-voltage electrical systems that meet the 128
202		-	requirements of the ANSI/RVIA Low Voltage Systems in Conversion 129
203		-	and RVs Standard. 130
204		-	(e) Wall framing consisting of structural rated studs that 131
205		-	are between 16 and 24 inches on center, which studs are at least 132
206		-	2 inches by 4 inches of wood or metal, or equivalent structural 133
207		-	insulated panels. 134
208		-	(4) Each movable tiny home described in s. 135
209		-	320.01(1)(b)7.a.(II) mu st have a sticker or other documentation 136
210		-	certifying that the movable tiny home was inspected and 137
211		-	certified for compliance with subsection (3) by a professional 138
212		-	engineer licensed in this state or by a third -party inspector 139
213		-	who is qualified to inspect for AN SI compliance and is 140
214		-	accredited pursuant to either the American Society for Testing 141
215		-	and Materials Appendix E541 or ISO/IEC 17020. 142
216		-	Section 4. This act shall take effect October 1, 2023. 143
	16	+	320.01, F.S.; revising and providing definitions; 3
	17	+	creating s. 320.018, F.S.; providing for taxation of a 4
	18	+	movable tiny home according to its classification; 5
	19	+	providing classification requirements; providing 6
	20	+	applicability; amending ss. 320.02, 320.03, 320.031, 7
	21	+	and 320.04, F.S.; including movable tiny homes in 8
	22	+	provisions relating to mobile home registration; 9
	23	+	amending s. 320.05, F.S.; including movable tiny homes 10
	24	+	in provisions relating to inspection of records o f the 11
	25	+	Department of Highway Safety and Motor Vehicles; 12
	26	+	amending s. 320.055, F.S.; conforming cross -13
	27	+	references; amending s. 320.0607, F.S.; providing for 14
	28	+	replacement of a movable tiny home sticker; amending 15
	29	+	s. 320.0609, F.S.; providing for exchange of such 16
	30	+	sticker upon transfer of a movable tiny home; amending 17
	31	+	s. 320.061, F.S.; prohibiting alteration of a movable 18
	32	+	tiny home sticker; amending s. 320.07, F.S.; including 19
	33	+	movable tiny homes in provisions relating to 20
	34	+	expiration and renewal of registration; providi ng 21
	35	+	penalties; amending s. 320.071, F.S.; providing for 22
	36	+	advance registration renewal for movable tiny homes; 23
	37	+	providing penalties; amending s. 320.08, F.S.; 24
	38	+	including movable tiny home dealers and manufacturers 25
	39	+
	40	+	HB 321 2023
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	47	+	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
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	51	+	in provisions relating to license taxes for dea ler and 26
	52	+	manufacturer license plates; amending ss. 320.0802, 27
	53	+	320.0804, and 320.08046, F.S.; conforming cross -28
	54	+	references; amending s. 320.081, F.S.; requiring 29
	55	+	issuance of a sticker indicating payment of the annual 30
	56	+	license tax; amending s. 320.0815, F.S.; req uiring 31
	57	+	issuance of movable tiny home stickers to certain 32
	58	+	movable tiny homes; providing an exception; amending 33
	59	+	s. 320.10, F.S.; exempting certain movable tiny homes 34
	60	+	from such license tax; amending s. 320.13, F.S.; 35
	61	+	authorizing a licensed movable tiny home de aler to 36
	62	+	secure dealer license plates; amending s. 320.131, 37
	63	+	F.S.; authorizing use of temporary tags to transport 38
	64	+	movable tiny homes; amending s. 320.15, F.S.; 39
	65	+	authorizing a registration credit or refund of license 40
	66	+	taxes for movable tiny homes under certain 41
	67	+	circumstances; amending s. 320.17, F.S.; authorizing 42
	68	+	the department to classify and assess license taxes 43
	69	+	for movable tiny homes; amending s. 320.18, F.S.; 44
	70	+	authorizing withholding of registration of a movable 45
	71	+	tiny home under certain circumstances; amending s. 46
	72	+	320.19, F.S.; providing for a tax lien upon a movable 47
	73	+	tiny home; amending s. 320.203, F.S.; conforming 48
	74	+	cross-references; amending s. 320.26, F.S.; 49
	75	+	prohibiting counterfeiting of movable tiny home 50
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	84	+	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
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	88	+	stickers; providing penalties; amending s. 320.261, 51
	89	+	F.S.; providing penalties for attaching to a movable 52
	90	+	tiny home a license plate or validation sticker not 53
	91	+	issued to the movable tiny home; amending s. 320.27, 54
	92	+	F.S.; revising the definition of the term "motor 55
	93	+	vehicle"; authorizing denial, suspension, or 56
	94	+	revocation of a license for a violation of certain 57
	95	+	provisions relating to dealing in or repairing movable 58
	96	+	tiny homes; amending s. 320.28, F.S.; requiring a 59
	97	+	nonresident dealer in secondhand movable tiny homes to 60
	98	+	apply for a certificate of title for a movable tiny 61
	99	+	home before selling, offering for sale, or advertising 62
	100	+	the sale of such movable tiny home; amending s. 63
	101	+	320.37, F.S.; excluding certain movable tiny homes 64
	102	+	owned by nonresidents from the exemption from 65
	103	+	registration requirements; amending s. 320.71, F.S.; 66
	104	+	requiring a nonresident movable tiny home dealer to 67
	105	+	register with the Department of Revenue for a sales 68
	106	+	tax dealer registration number; amending s. 320.771, 69
	107	+	F.S.; authorizing licensed recreational vehicle 70
	108	+	dealers to sell movable tiny homes; creating s. 71
	109	+	320.772, F.S.; defining the terms "dealer" and 72
	110	+	"movable tiny home broker"; providing conditions under 73
	111	+	which a licensed dealer may transact business in 74
	112	+	movable tiny homes; requiring certain licensure; 75
	113	+
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	121	+	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
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	125	+	providing license application requirements; 76
	126	+	authorizing the Depar tment of Highway Safety and Motor 77
	127	+	Vehicles to investigate facts set forth in an 78
	128	+	application; providing for denial of license and 79
	129	+	notification thereof; authorizing a public hearing; 80
	130	+	providing for issuance of a license certificate under 81
	131	+	certain circumstances ; authorizing supplemental 82
	132	+	licenses under certain circumstances; authorizing a 83
	133	+	mobile home dealer to apply for a license endorsement 84
	134	+	to sell movable tiny homes; requiring recordkeeping; 85
	135	+	requiring a licensee to possess evidence of title; 86
	136	+	providing requirements for setup operations; providing 87
	137	+	a penalty; authorizing the department to apply for an 88
	138	+	injunction under certain circumstances; requiring 89
	139	+	suspension or revocation of a license upon certain 90
	140	+	findings; authorizing administrative fines; requiring 91
	141	+	an applicant to deliver a surety bond in a certain 92
	142	+	amount to the department before issuance or renewal of 93
	143	+	a license; prohibiting sharing in the commission on 94
	144	+	the sale of insurance coverage under certain 95
	145	+	circumstances; amending s. 320.781, F.S.; renaming the 96
	146	+	Mobile Home and Recreational Vehicle Protection Trust 97
	147	+	Fund as the "Mobile Home, Movable Tiny Home, and 98
	148	+	Recreational Vehicle Protection Trust Fund"; including 99
	149	+	movable tiny homes in applicable provisions relating 100
	150	+
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	162	+	to the trust fund; providing penalties; amending s. 101
	163	+	320.822, F.S.; revising and providing definitions; 102
	164	+	amending s. 320.8225, F.S.; requiring annual licensure 103
	165	+	for each factory location within and outside this 104
	166	+	state which manufactures movable tiny homes; requiring 105
	167	+	submission of a surety bond to the department; 106
	168	+	providing the period of licensure; authorizing denial, 107
	169	+	and requiring revocation or suspension, of a license 108
	170	+	under certain circumstances; creating s. 320.82315, 109
	171	+	F.S.; establishing uniform standards for 110
	172	+	manufacturing, inspection, and certification of 111
	173	+	movable tiny homes; amending s. 320.8245, F.S.; 112
	174	+	limiting alterations or modifications to movable tiny 113
	175	+	homes; providing for effect of alteration or 114
	176	+	modification on a movable tiny home warranty; 115
	177	+	providing requirements for designation as a person 116
	178	+	qualified to alter or modify a movable tiny home; 117
	179	+	amending s. 320.8285, F.S.; subjecting movable tiny 118
	180	+	homes to onsite inspection; amending s. 320.8325, 119
	181	+	F.S.; requiring the department to adopt rules setting 120
	182	+	forth uniform standards for the installation of 121
	183	+	movable tiny homes; a mending s. 320.835, F.S.; 122
	184	+	requiring manufacturer, dealer, installer, and 123
	185	+	supplier warranties for new movable tiny homes; 124
	186	+	amending ss. 205.193, 212.0601, 320.06, 320.133, 125
	187	+
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	195	+	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
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	199	+	320.77, and 320.8249, F.S.; conforming cross -126
	200	+	references; providing contingent effectiv e dates. 127
	201	+	128
	202	+	Be It Enacted by the Legislature of the State of Florida: 129
	203	+	130
	204	+	Section 1. Subsections (3), (19), and (21) of section 131
	205	+	320.01, Florida Statutes, are amended, and subsection (46) is 132
	206	+	added to that section, to read: 133
	207	+	320.01 Definitions, general. —As used in the Florida 134
	208	+	Statutes, except as otherwise provided, the term: 135
	209	+	(3) "Owner" means any person, firm, corporation, or 136
	210	+	association controlling any motor vehicle , movable tiny home, or 137
	211	+	mobile home by right of purchase, gift, lease, or otherwise. 138
	212	+	(19)(a) "Registration period" means a period of 12 months 139
	213	+	or 24 months during which a motor vehicle , movable tiny home, or 140
	214	+	mobile home registration is valid. 141
	215	+	(b) "Extended registration period" means a period of 24 142
	216	+	months during which a motor vehicle , movable tiny home, or 143
	217	+	mobile home registration is valid. 144
	218	+	(21) "Renewal period" means the period during which 145
	219	+	renewal of a motor vehicle registration , movable tiny home 146
	220	+	registration, or mobile home registration is required, as 147
	221	+	provided in s. 320.055. 148
	222	+	(46)(a) "Movable tiny home" means a transportable unit 149
	223	+	that has a body width of not more than 14 feet, that is built on 150
	224	+
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	232	+	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
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	236	+	a single chassis, and that is designed to provide separate, 151
	237	+	independent living quarters of one household for year -round 152
	238	+	residence with permane nt provisions for living, sleeping, 153
	239	+	eating, cooking, and sanitation when connected to utilities 154
	240	+	necessary for operation of installed fixtures and appliances. A 155
	241	+	movable tiny home is a single unit and is not built in sections 156
	242	+	to be assembled on a site. In ad dition, a movable tiny home is 157
	243	+	designed and built so that the exterior has the appearance of a 158
	244	+	conventional single-family dwelling unit, using conventional 159
	245	+	building materials, and is thus architecturally distinct from 160
	246	+	traditional mobile homes and recreatio nal vehicles. 161
	247	+	(b) The total area of a movable tiny home in setup mode, 162
	248	+	when measured from the exterior surface of the exterior stud 163
	249	+	walls at the level of maximum dimensions, not including any bay 164
	250	+	window, does not exceed 400 square feet when constructed i n 165
	251	+	accordance with standards provided in s. 320.82315. A movable 166
	252	+	tiny home must be built according to such standards and 167
	253	+	inspected and certified by a professional engineer licensed in 168
	254	+	this state or by a qualified third party who inspects for 169
	255	+	compliance with the American National Standards Institute and 170
	256	+	who is accredited pursuant to American Society for Testing and 171
	257	+	Materials Appendix E699 or ISO/IEC 17020. 172
	258	+	(c)1. A movable tiny home's wheels and leveling support 173
	259	+	jacks must be situated on a surface sufficient to support the 174
	260	+	weight of the home. The governing body of the county or 175
	261	+
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	269	+	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
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	272	+
	273	+	municipality in which the movable tiny home is sited is 176
	274	+	responsible for permits and inspections regarding the pad or 177
	275	+	foundation on which the movable tiny home is situated. 178
	276	+	2. If the movable tiny home's wheels are removed so that 179
	277	+	the home may be situated on a foundation, the governing body of 180
	278	+	the county or municipality in which the home is sited is 181
	279	+	responsible for permits and inspections for such foundation in 182
	280	+	accordance with s. 320.83 25(1). 183
	281	+	(d) "Length of a movable tiny home" means the distance 184
	282	+	from the exterior of the front of the body, nearest to the 185
	283	+	drawbar and coupling mechanism, to the exterior of the rear of 186
	284	+	the body, at the opposite end of the body, including any 187
	285	+	protrusions. 188
	286	+	Section 2. Section 320.018, Florida Statutes, is created 189
	287	+	to read: 190
	288	+	320.018 Taxation of movable tiny homes. — 191
	289	+	(1) A movable tiny home as defined in s. 320.01(46), 192
	290	+	regardless of its actual use, is subject only to a license tax 193
	291	+	unless classified and taxed as real property. A movable tiny 194
	292	+	home is considered real property only when the owner of the 195
	293	+	movable tiny home is also the owner of the land on which the 196
	294	+	movable tiny home is situated and such movable tiny home is 197
	295	+	permanently affixed thereto. A prefabricated or modular housing 198
	296	+	unit or portion thereof not manufactured upon an integral 199
	297	+	chassis or undercarriage for tr avel over highways shall be taxed 200
	298	+
	299	+	HB 321 2023
	300	+
	301	+
	302	+
	303	+	CODING: Words stricken are deletions; words underlined are additions.
	304	+	hb0321-00
	305	+	Page 9 of 88
	306	+	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
	307	+
	308	+
	309	+
	310	+	as real property once it is permanently affixed to real 201
	311	+	property. This subsection does not apply to a display home or 202
	312	+	other inventory being held for sale by a manufacturer or dealer 203
	313	+	of modular housing units. 204
	314	+	(2) Notwithstanding subsection (1), a movable tiny home 205
	315	+	classified by a seller or a lender as personal property at the 206
	316	+	time a security interest was granted therein to secure an 207
	317	+	obligation shall continue to be so classified for all purposes 208
	318	+	relating to the loan and sec urity interest, at least as long as 209
	319	+	any part of such obligation, or any extension or renewal 210
	320	+	thereof, remains outstanding. Classification of a movable tiny 211
	321	+	home as personal property by a seller or a lender does not 212
	322	+	prohibit the owner from having the movabl e tiny home classified 213
	323	+	and taxed as real property under subsection (1). 214
	324	+	Section 3. Subsection (3) of section 320.02, Florida 215
	325	+	Statutes, is amended to read: 216
	326	+	320.02 Registration required; application for 217
	327	+	registration; forms. — 218
	328	+	(3) Before Prior to the registration in this state of a 219
	329	+	any vehicle registered outside the state, the application must 220
	330	+	be accompanied by either a sworn affidavit from the seller and 221
	331	+	purchaser verifying that the vehicle identification number shown 222
	332	+	on the affidavit is identical to t he vehicle identification 223
	333	+	number shown on the motor vehicle or a copy of the appropriate 224
	334	+	departmental form evidencing that a physical examination has 225
	335	+
	336	+	HB 321 2023
	337	+
	338	+
	339	+
	340	+	CODING: Words stricken are deletions; words underlined are additions.
	341	+	hb0321-00
	342	+	Page 10 of 88
	343	+	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
	344	+
	345	+
	346	+
	347	+	been made of the motor vehicle by the owner and by a duly 226
	348	+	constituted police officer of any state, a licen sed motor 227
	349	+	vehicle dealer, a license inspector as provided by s. 320.58, or 228
	350	+	a notary public commissioned by any state and that the vehicle 229
	351	+	identification number shown on the applicable form and the 230
	352	+	application is identical to the vehicle identification numb er 231
	353	+	shown on the motor vehicle. Vehicle identification number 232
	354	+	verification is not required for a any new vehicle sold in this 233
	355	+	state by a licensed motor vehicle dealer, a any mobile home, a 234
	356	+	movable tiny home, a any trailer or semitrailer with a net 235
	357	+	weight of less than 2,000 pounds, or a any travel trailer or 236
	358	+	camping trailer. 237
	359	+	Section 4. Subsections (1) and (3) and paragraph (a) of 238
	360	+	subsection (10) of section 320.03, Florida Statutes, are amended 239
	361	+	to read: 240
	362	+	320.03 Registration; duties of tax collectors; 241
	363	+	International Registration Plan. — 242
	364	+	(1) The tax collectors in the several counties of the 243
	365	+	state, as authorized agents of the department, shall issue 244
	366	+	registration certificates, registration license plates, 245
	367	+	validation stickers, movable tiny home stickers, and mobile home 246
	368	+	stickers to applicants , and shall provide to applicants for each 247
	369	+	the option to register emergency contact information and the 248
	370	+	option to be contacted with information about state and federal 249
	371	+	benefits available as a result of military service, subj ect to 250
	372	+
	373	+	HB 321 2023
	374	+
	375	+
	376	+
	377	+	CODING: Words stricken are deletions; words underlined are additions.
	378	+	hb0321-00
	379	+	Page 11 of 88
	380	+	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
	381	+
	382	+
	383	+
	384	+	the requirements of law, in accordance with rules of the 251
	385	+	department. A Any person, firm, or corporation representing 252
	386	+	itself, through advertising or naming of the business, to be an 253
	387	+	authorized agent of the department commits shall be deemed 254
	388	+	guilty of an unfair and deceptive trade practice as defined in 255
	389	+	part II of chapter 501. No Such person, firm, or corporation may 256
	390	+	not shall use either the state or county name as a part of its 257
	391	+	their business name when such use can reasonably be interpreted 258
	392	+	as an official state or county office. 259
	393	+	(3) Each tax collector shall keep a full and complete 260
	394	+	record and account of all validation stickers, movable tiny home 261
	395	+	stickers, mobile home stickers, or other properties received by 262
	396	+	him or her from the department , or from any other source. 263
	397	+	Notwithstanding chapter 116, every county officer within this 264
	398	+	state authorized to collect funds provided for in this chapter 265
	399	+	shall pay all sums officially received by the officer into the 266
	400	+	State Treasury no later than 5 working da ys after the close of 267
	401	+	the business day in which the officer received the funds. 268
	402	+	Payment by county officers to the state shall be made by means 269
	403	+	of electronic funds transfer. 270
	404	+	(10)(a) Jurisdiction over the electronic filing system for 271
	405	+	use by authorized elec tronic filing system agents to: 272
	406	+	1. Electronically title or register motor vehicles, 273
	407	+	vessels, mobile homes, movable tiny homes, or off-highway 274
	408	+	vehicles; 275
	409	+
	410	+	HB 321 2023
	411	+
	412	+
	413	+
	414	+	CODING: Words stricken are deletions; words underlined are additions.
	415	+	hb0321-00
	416	+	Page 12 of 88
	417	+	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
	418	+
	419	+
	420	+
	421	+	2. For derelict or salvage motor vehicles, process title 276
	422	+	transactions, derelict motor vehicle certif icates, or 277
	423	+	certificates of destruction, pursuant to s. 319.30(2), (3), (7), 278
	424	+	or (8); 279
	425	+	3. Issue or transfer registration license plates or 280
	426	+	decals; 281
	427	+	4. Electronically transfer fees due for the title and 282
	428	+	registration process; and 283
	429	+	5. Perform inquiries for t itle, registration, and 284
	430	+	lienholder verification and certification of service providers , 285
	431	+	286
	432	+	is expressly preempted to the state, and the department shall 287
	433	+	have regulatory authority over the system. The electronic filing 288
	434	+	system shall be available for use statew ide and applied 289
	435	+	uniformly throughout the state. 290
	436	+	Section 5. Section 320.031, Florida Statutes, is amended 291
	437	+	to read: 292
	438	+	320.031 Mailing of registration certificates, license 293
	439	+	plates, and validation stickers. — 294
	440	+	(1) The department and the tax collectors of t he several 295
	441	+	counties of the state may at the request of the applicant use 296
	442	+	United States mail service to deliver registration certificates 297
	443	+	and renewals thereof, license plates, mobile home stickers, 298
	444	+	movable tiny home stickers, and validation stickers to 299
	445	+	applicants. 300
	446	+
	447	+	HB 321 2023
	448	+
	449	+
	450	+
	451	+	CODING: Words stricken are deletions; words underlined are additions.
	452	+	hb0321-00
	453	+	Page 13 of 88
	454	+	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
	455	+
	456	+
	457	+
	458	+	(2) A mail service charge may be collected for each 301
	459	+	registration certificate, license plate, mobile home sticker, 302
	460	+	movable tiny home sticker, and validation sticker mailed by the 303
	461	+	department or any tax collector. Each registration certificate, 304
	462	+	license plate, mobile home sticker, movable tiny home sticker, 305
	463	+	and validation sticker shall be mailed by first -class mail 306
	464	+	unless otherwise requested by the applicant. The amount of the 307
	465	+	mail service charge shall be the actual postage required, 308
	466	+	rounded to the nearest 5 cents, plus a 25 -cent handling charge. 309
	467	+	The mail service charge is in addition to the service charge 310
	468	+	provided by s. 320.04. All charges collected by the department 311
	469	+	under this section shall be deposited into the Highway Safety 312
	470	+	Operating Trust Fund. 313
	471	+	Section 6. Paragraphs (a) and (b) of subsection (1) of 314
	472	+	section 320.04, Florida Statutes, are amended to read: 315
	473	+	320.04 Registration service charge. — 316
	474	+	(1)(a) A service charge of $2.50 shall be imposed on each 317
	475	+	application that is handled in connection wi th original 318
	476	+	issuance, duplicate issuance, or transfer of a license plate, 319
	477	+	mobile home sticker, movable tiny home sticker, or validation 320
	478	+	sticker or with transfer or duplicate issuance of a registration 321
	479	+	certificate. This service charge shall be retained by t he 322
	480	+	department or by the tax collector, as the case may be, as other 323
	481	+	fees accruing to those offices. 324
	482	+	(b) A service charge of $1 shall also be imposed for the 325
	483	+
	484	+	HB 321 2023
	485	+
	486	+
	487	+
	488	+	CODING: Words stricken are deletions; words underlined are additions.
	489	+	hb0321-00
	490	+	Page 14 of 88
	491	+	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
	492	+
	493	+
	494	+
	495	+	issuance of each license plate validation sticker, vessel decal, 326
	496	+	and mobile home sticker, and movable tiny home sticker issued 327
	497	+	from an automated vending facility or printer dispenser machine. 328
	498	+	This service charge is payable to the department and shall be 329
	499	+	used to provide for automated vending facilities or printer 330
	500	+	dispenser machines that are used to dis pense such stickers and 331
	501	+	decals by each tax collector's or license tag agent's employee. 332
	502	+	Section 7. Subsection (2) and paragraphs (b) and (e) of 333
	503	+	subsection (3) of section 320.05, Florida Statutes, are amended 334
	504	+	to read: 335
	505	+	320.05 Records of the department; inspection procedure; 336
	506	+	lists and searches; fees. — 337
	507	+	(2) Upon receipt of an application for the registration of 338
	508	+	a motor vehicle, vessel, movable tiny home, or mobile home, as 339
	509	+	herein provided for, the department shall register the motor 340
	510	+	vehicle, vessel, movable tiny home, or mobile home under the 341
	511	+	distinctive number assigned to such motor vehicle, vessel, 342
	512	+	movable tiny home, or mobile home by the department. Electronic 343
	513	+	registration records shall be open to the inspection of the 344
	514	+	public during business hours. Inf ormation on a motor vehicle or 345
	515	+	vessel registration may not be made available to a person unless 346
	516	+	the person requesting the information furnishes positive proof 347
	517	+	of identification. The agency that furnishes a motor vehicle or 348
	518	+	vessel registration record shall record the name and address of 349
	519	+	any person other than a representative of a law enforcement 350
	520	+
	521	+	HB 321 2023
	522	+
	523	+
	524	+
	525	+	CODING: Words stricken are deletions; words underlined are additions.
	526	+	hb0321-00
	527	+	Page 15 of 88
	528	+	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
	529	+
	530	+
	531	+
	532	+	agency who requests and receives information from a motor 351
	533	+	vehicle or vessel registration record and shall also record the 352
	534	+	name and address of the person who is the s ubject of the inquiry 353
	535	+	or other information identifying the entity about which 354
	536	+	information is requested. A record of each such inquiry must be 355
	537	+	maintained for a period of 6 months from the date upon which the 356
	538	+	information was released to the inquirer. Nothing in This 357
	539	+	section does not shall prohibit a any financial institution, 358
	540	+	insurance company, motor vehicle dealer, licensee under chapter 359
	541	+	493, attorney, or other agency which the department determines 360
	542	+	has the right to know from obtaining, for professional or 361
	543	+	business use only, information in such records from the 362
	544	+	department through any means of telecommunication pursuant to a 363
	545	+	code developed by the department providing all fees specified in 364
	546	+	subsection (3) have been paid. The department shall disclose 365
	547	+	records or information to the child support enforcement agency 366
	548	+	to assist in the location of individuals who owe or potentially 367
	549	+	owe support, as defined in s. 409.2554, or to whom such an 368
	550	+	obligation is owed pursuant to Title IV -D of the Social Security 369
	551	+	Act. 370
	552	+	(3) 371
	553	+	(b) Fees therefor shall be charged and collected as 372
	554	+	follows: 373
	555	+	1. For providing lists of motor vehicle or vessel records 374
	556	+	for the entire state, or any part or parts thereof, divided 375
	557	+
	558	+	HB 321 2023
	559	+
	560	+
	561	+
	562	+	CODING: Words stricken are deletions; words underlined are additions.
	563	+	hb0321-00
	564	+	Page 16 of 88
	565	+	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
	566	+
	567	+
	568	+
	569	+	according to counties, a sum computed at a rate of not less than 376
	570	+	1 cent nor more than 5 cents per item. 377
	571	+	2. For providing noncertified photographic copies of motor 378
	572	+	vehicle or vessel documents, $1 per page. 379
	573	+	3. For providing noncertified photographic copies of 380
	574	+	micrographic records, $1 per page. 381
	575	+	4. For providing certified copies of motor vehicle or 382
	576	+	vessel records, $3 per record. 383
	577	+	5. For providing noncertified computer -generated printouts 384
	578	+	of motor vehicle or vessel records, 50 cents per record. 385
	579	+	6. For providing certified computer -generated printouts of 386
	580	+	motor vehicle or vessel reco rds, $3 per record. 387
	581	+	7. For providing electronic access to motor vehicle, 388
	582	+	vessel, movable tiny home, and mobile home registration data 389
	583	+	requested by tag, vehicle identification number, title number, 390
	584	+	or decal number, 50 cents per item. 391
	585	+	8. For providing el ectronic access to driver license 392
	586	+	status report by name, sex, and date of birth or by driver 393
	587	+	license number, 50 cents per item. 394
	588	+	9. For providing lists of licensed mobile home dealers and 395
	589	+	manufacturers, movable tiny home dealers and manufacturers, and 396
	590	+	recreational vehicle dealers and manufacturers, $15 per list. 397
	591	+	10. For providing lists of licensed motor vehicle dealers, 398
	592	+	$25 per list. 399
	593	+	11. For each copy of a videotape record, $15 per tape. 400
	594	+
	595	+	HB 321 2023
	596	+
	597	+
	598	+
	599	+	CODING: Words stricken are deletions; words underlined are additions.
	600	+	hb0321-00
	601	+	Page 17 of 88
	602	+	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
	603	+
	604	+
	605	+
	606	+	12. For each copy of the Division of Motorist Services 401
	607	+	Procedures Manual, $25. 402
	608	+	(e) When motor vehicle, vessel, movable tiny home, or 403
	609	+	mobile home registration data is provided by electronic access 404
	610	+	through a tax collector's office, the applicable fee as provided 405
	611	+	in paragraph (b) must be collected and deposited pursuan t to 406
	612	+	paragraph (c). However, when such registration data is obtained 407
	613	+	through an electronic system described in s. 320.03(10), s. 408
	614	+	320.0609, or s. 320.131 and results in the issuance of a title 409
	615	+	certificate or the registration credential, such fee does shall 410
	616	+	not apply. 411
	617	+	Section 8. Paragraph (b) of subsection (1) and subsections 412
	618	+	(2) through (5) of section 320.055, Florida Statutes, are 413
	619	+	amended to read: 414
	620	+	320.055 Registration periods; renewal periods. —The 415
	621	+	following registration periods and renewal periods are 416
	622	+	established: 417
	623	+	(1) 418
	624	+	(b) A motor vehicle , or mobile home, or movable tiny home 419
	625	+	that is subject to registration under s. 320.08(1), (2), (3), 420
	626	+	(4)(a) or (b), (6), (7), (8), (9), (10), or (11), or (12) is 421
	627	+	eligible for an extended registration period as define d in s. 422
	628	+	320.01(19)(b). 423
	629	+	(2) For a vehicle subject to registration under s. 424
	630	+	320.08(11) or (12), the registration period begins January 1 and 425
	631	+
	632	+	HB 321 2023
	633	+
	634	+
	635	+
	636	+	CODING: Words stricken are deletions; words underlined are additions.
	637	+	hb0321-00
	638	+	Page 18 of 88
	639	+	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
	640	+
	641	+
	642	+
	643	+	ends December 31. For a vehicle subject to this registration 426
	644	+	period, the renewal period is the 31 -day period before prior to 427
	645	+	expiration. 428
	646	+	(3) For a vehicle subject to registration under s. 320.08 429
	647	+	(13) s. 320.08(12), the registration period runs concurrently 430
	648	+	with the licensing period. For a vehicle subject to this 431
	649	+	registration period, the renewal period is the first mo nth of 432
	650	+	the licensing period. 433
	651	+	(4) For a vehicle subject to registration under s. 434
	652	+	320.08(14) s. 320.08(13), for vehicles subject to registration 435
	653	+	under s. 320.08(6)(a) that are short -term rental vehicles, and 436
	654	+	for any vehicle for which a registration period is not otherwise 437
	655	+	specified, the registration period begins June 1 and ends May 438
	656	+	31. For a vehicle subject to this registration period, the 439
	657	+	renewal period is the 30 -day period beginning June 1. 440
	658	+	(5) For a vehicle subject to apportioned registration 441
	659	+	under s. 320.08(4)(c)-(n), (5)(a)1. or (e), (6)(b), or (15) 442
	660	+	(14), the registration period shall be a period of 12 months 443
	661	+	beginning in a month designated by the department and ending on 444
	662	+	the last day of the 12th month. For a vehicle subject to this 445
	663	+	registration period, the renewal period is the last month of the 446
	664	+	registration period. The registration period may be shortened or 447
	665	+	extended at the discretion of the department, on receipt of the 448
	666	+	appropriate prorated fees, in order to evenly distribute such 449
	667	+	registrations on a monthly basis. For a vehicle subject to 450
	668	+
	669	+	HB 321 2023
	670	+
	671	+
	672	+
	673	+	CODING: Words stricken are deletions; words underlined are additions.
	674	+	hb0321-00
	675	+	Page 19 of 88
	676	+	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
	677	+
	678	+
	679	+
	680	+	nonapportioned registration under s. 320.08(4)(c) -(n), (5)(a)1., 451
	681	+	(6)(b), or (15) (14), the registration period begins December 1 452
	682	+	and ends November 30. The renewal period is the 31 -day period 453
	683	+	beginning December 1. 454
	684	+	Section 9. Effective September 1, 2023, subsection (2) of 455
	685	+	section 320.055, Florida Statutes, as amended by chapter 2022 -456
	686	+	123, Laws of Florida, is amended to read: 457
	687	+	320.055 Registration periods; renewal periods. —The 458
	688	+	following registration periods and ren ewal periods are 459
	689	+	established: 460
	690	+	(2) For a vehicle subject to registration under s. 461
	691	+	320.08(11) or (12) and not owned by a natural person, the 462
	692	+	registration period begins January 1 and ends December 31. For a 463
	693	+	vehicle subject to this registration period, the r enewal period 464
	694	+	is the 31-day period before expiration. 465
	695	+	Section 10. Subsection (2) of section 320.0607, Florida 466
	696	+	Statutes, is amended to read: 467
	697	+	320.0607 Replacement license plates, validation decal, 468
	698	+	movable tiny home sticker, or mobile home sticker. — 469
	699	+	(2) When a license plate, mobile home sticker, movable 470
	700	+	tiny home sticker, or validation decal has been lost, stolen, or 471
	701	+	destroyed, the owner of the motor vehicle , or mobile home, or 472
	702	+	movable tiny home for which the plate, sticker, or decal was 473
	703	+	issued shall make application to the department for a 474
	704	+	replacement. The application shall contain the plate, sticker, 475
	705	+
	706	+	HB 321 2023
	707	+
	708	+
	709	+
	710	+	CODING: Words stricken are deletions; words underlined are additions.
	711	+	hb0321-00
	712	+	Page 20 of 88
	713	+	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
	714	+
	715	+
	716	+
	717	+	or decal number being replaced and a statement that the item was 476
	718	+	lost, stolen, or destroyed. If the application includes a copy 477
	719	+	of the police report pr epared in response to a report of a 478
	720	+	stolen plate, sticker, or decal, such plate, sticker, or decal 479
	721	+	must be replaced at no charge. 480
	722	+	Section 11. Subsection (6) of section 320.0609, Florida 481
	723	+	Statutes, is amended to read: 482
	724	+	320.0609 Transfer and exchange of registration license 483
	725	+	plates; transfer fee. — 484
	726	+	(6) Upon a sale, trade, transfer, or other disposition of 485
	727	+	a mobile home or movable tiny home , the owner shall remove the 486
	728	+	sticker therefrom and may exchange it for another sticker to be 487
	729	+	applied to a replacement mobile home or replacement movable tiny 488
	730	+	home. Such exchange shall be without cost to the owner. A No 489
	731	+	credit will not be given toward the purchase of a license plate 490
	732	+	for any other type of vehicle. The department shall ensure that 491
	733	+	there is adequate internal control of mobile home or movable 492
	734	+	tiny home stickers that have been removed for exchange or 493
	735	+	refund. 494
	736	+	Section 12. Section 320.061, Florida Statutes, is amended 495
	737	+	to read: 496
	738	+	320.061 Unlawful to alter motor vehicle registration 497
	739	+	certificates, license plates, temporary license plates, mobile 498
	740	+	home stickers, movable tiny home stickers, or validation 499
	741	+	stickers or to obscure license plates; penalty. —A person may not 500
	742	+
	743	+	HB 321 2023
	744	+
	745	+
	746	+
	747	+	CODING: Words stricken are deletions; words underlined are additions.
	748	+	hb0321-00
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	750	+	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
	751	+
	752	+
	753	+
	754	+	alter the original appearance of a vehicle registration 501
	755	+	certificate, license plate, temporary license plate, mobile home 502
	756	+	sticker, movable tiny home sticker, or validation sticker issued 503
	757	+	for and assigned to a motor vehicle , or mobile home, or movable 504
	758	+	tiny home, whether by mutilation, alteration, defacement, or 505
	759	+	change of color or in any other manner. A pers on may not apply 506
	760	+	or attach a substance, reflective matter, illuminated device, 507
	761	+	spray, coating, covering, or other material onto or around any 508
	762	+	license plate which interferes with the legibility, angular 509
	763	+	visibility, or detectability of any feature or detail on the 510
	764	+	license plate or interferes with the ability to record any 511
	765	+	feature or detail on the license plate. A person who violates 512
	766	+	this section commits a noncriminal traffic infraction, 513
	767	+	punishable as a moving violation as provided in chapter 318. 514
	768	+	Section 13. Subsections (1), (2), (3), and (5) of section 515
	769	+	320.07, Florida Statutes, are amended to read: 516
	770	+	320.07 Expiration of registration; renewal required; 517
	771	+	penalties.— 518
	772	+	(1) The registration of a motor vehicle , or mobile home, 519
	773	+	or movable tiny home expires at midnight on the last day of the 520
	774	+	registration or extended registration period , or, for a motor 521
	775	+	vehicle owner, or mobile home owner, or movable tiny home owner 522
	776	+	who is a natural person, at midnight on the owner's birthday. A 523
	777	+	vehicle may not be operated on the roads of this state after 524
	778	+	expiration of the renewal period, or, for a natural person, at 525
	779	+
	780	+	HB 321 2023
	781	+
	782	+
	783	+
	784	+	CODING: Words stricken are deletions; words underlined are additions.
	785	+	hb0321-00
	786	+	Page 22 of 88
	787	+	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
	788	+
	789	+
	790	+
	791	+	midnight on the owner's birthday, unless the registration has 526
	792	+	been renewed according to law. 527
	793	+	(2) Registration shall be renewed semiannually, annually, 528
	794	+	or biennially, as provided in this subsection, during the 529
	795	+	applicable renewal period, upon payment of the applicable 530
	796	+	license tax amounts required by s. 320.08, service charges 531
	797	+	required by s. 320.04, and any additional fees required by law. 532
	798	+	(a) A Any person who owns a motor vehicle registered under 533
	799	+	s. 320.08(4)(c)-(n), (6)(b), or (14) (13) may register 534
	800	+	semiannually as provided in s. 320.0705. 535
	801	+	(b) A Any person who owns a motor vehicle , or mobile home, 536
	802	+	or movable tiny home registered under s. 320.08(1), (2), (3), 537
	803	+	(4)(a) or (b), (6), (7), (8), (9), (10), or (11), or (12) may 538
	804	+	renew the vehicle registration biennially during the applicable 539
	805	+	renewal period upon payment of the 2 -year cumulative total of 540
	806	+	all applicable license tax amounts required by s. 320.08 and 541
	807	+	service charges or surcharges required by ss. 320.03, 320.04, 542
	808	+	320.0801, 320.08015, 320.0802, 320.0804, 320.0805, 320.08046, 543
	809	+	and 320.08056 and payment of the 2 -year cumulative total of any 544
	810	+	additional fees required by law for an annual registration. 545
	811	+	(3) The operation of a any motor vehicle without having 546
	812	+	attached thereto a registration license plate and validation 547
	813	+	stickers, or the use of a any mobile home or movable tiny home 548
	814	+	without having attached thereto a mobile home sticker or movable 549
	815	+	tiny home sticker, for the current registration period subjects 550
	816	+
	817	+	HB 321 2023
	818	+
	819	+
	820	+
	821	+	CODING: Words stricken are deletions; words underlined are additions.
	822	+	hb0321-00
	823	+	Page 23 of 88
	824	+	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
	825	+
	826	+
	827	+
	828	+	shall subject the owner thereof, if he or she is present, or, if 551
	829	+	the owner is not present, the operator thereof to the following 552
	830	+	penalties penalty provisions: 553
	831	+	(a) A Any person whose motor vehicle , or mobile home, or 554
	832	+	movable tiny home registration has been expired for a period of 555
	833	+	6 months or less commits a noncriminal traffic infraction, 556
	834	+	punishable as a nonmoving violation as provided in chapter 318. 557
	835	+	However, a law enforcement officer may not issue a citation for 558
	836	+	a violation under this paragraph until midnight on the last day 559
	837	+	of the owner's birth month of the year the registration expires. 560
	838	+	(b) A Any person whose motor vehicle , or mobile home, or 561
	839	+	movable tiny home registration has been expired for more than 6 562
	840	+	months, upon a first offense, is subject to the penalty provided 563
	841	+	in s. 318.14. 564
	842	+	(c) A Any person whose motor vehicle , or mobile home, or 565
	843	+	movable tiny home registration has been expired for more than 6 566
	844	+	months, upon a second or subsequent offense, commits a 567
	845	+	misdemeanor of the second degree, punishable as provided in s. 568
	846	+	775.082 or s. 775.083. 569
	847	+	(d) However, an operator shall not be charged with a 570
	848	+	violation of this subsection if the operator can show, pursuant 571
	849	+	to a valid lease agreement, that the vehicle had been lease d for 572
	850	+	a period of 30 days or less at the time of the offense. 573
	851	+	(e) A Any servicemember, as defined in s. 250.01 , whose 574
	852	+	mobile home or movable tiny home registration expired while he 575
	853	+
	854	+	HB 321 2023
	855	+
	856	+
	857	+
	858	+	CODING: Words stricken are deletions; words underlined are additions.
	859	+	hb0321-00
	860	+	Page 24 of 88
	861	+	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
	862	+
	863	+
	864	+
	865	+	or she was serving on active duty or state active duty shall not 576
	866	+	be charged with a violation of this subsection if, at the time 577
	867	+	of the offense, the servicemember was serving on active duty or 578
	868	+	state active duty 35 miles or more from the mobile home or 579
	869	+	movable tiny home. The servicemember must present to the 580
	870	+	department either a c opy of the official military orders or a 581
	871	+	written verification signed by the servicemember's commanding 582
	872	+	officer to receive a waiver of charges. 583
	873	+	(f) The owner of a leased motor vehicle is not responsible 584
	874	+	for any penalty specified in this subsection if the motor 585
	875	+	vehicle is registered in the name of the lessee of the motor 586
	876	+	vehicle. 587
	877	+	(5) A Any servicemember, as defined in s. 250.01 , whose 588
	878	+	motor vehicle, or mobile home, or movable tiny home registration 589
	879	+	has expired while he or she was serving on active duty or state 590
	880	+	active duty may renew his or her registration upon return from 591
	881	+	active duty or state active duty without penalty , if the 592
	882	+	servicemember served on active duty or state active duty 35 593
	883	+	miles or more from the servicemember's home of record before 594
	884	+	prior to entering active duty or state active duty. The 595
	885	+	servicemember must provide to the department either a copy of 596
	886	+	the official military orders or a written verification signed by 597
	887	+	the servicemember's commanding officer to receive a waiver of 598
	888	+	delinquent fees. 599
	889	+	Section 14. Section 320.071, Florida Statutes, is amended 600
	890	+
	891	+	HB 321 2023
	892	+
	893	+
	894	+
	895	+	CODING: Words stricken are deletions; words underlined are additions.
	896	+	hb0321-00
	897	+	Page 25 of 88
	898	+	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
	899	+
	900	+
	901	+
	902	+	to read: 601
	903	+	320.071 Advance registration renewal; procedures. — 602
	904	+	(1)(a) The owner of a any motor vehicle, or mobile home, 603
	905	+	or movable tiny home currently registered in this state may file 604
	906	+	an application for renewal of registration with the department, 605
	907	+	or its authorized agent in the county wherein the owner resides, 606
	908	+	any time during the 3 months preceding the date of expiration of 607
	909	+	the registration period. The registration period may not exceed 608
	910	+	27 months. 609
	911	+	(b) The owner of any apportionable vehicle currently 610
	912	+	registered in this state under the International Registration 611
	913	+	Plan may file an application for renewal of registration with 612
	914	+	the department any time during the 3 months preceding the date 613
	915	+	of expiration of the registration period. 614
	916	+	(2) Upon the filing of the application and payment of the 615
	917	+	appropriate license tax under s. 320.08, service charges 616
	918	+	required by s. 320.04, and any additional fees required by law, 617
	919	+	the department or its agent shall issue to t he owner of the 618
	920	+	motor vehicle, or mobile home, or movable tiny home a validation 619
	921	+	sticker, or mobile home sticker, or movable tiny home sticker, 620
	922	+	as appropriate, which, when affixed to the license plate , or 621
	923	+	mobile home, or movable tiny home, shall renew the registration 622
	924	+	for the appropriate registration period. 623
	925	+	(3) A Any person who uses a mobile home sticker , movable 624
	926	+	tiny home sticker, or validation sticker without lawful 625
	927	+
	928	+	HB 321 2023
	929	+
	930	+
	931	+
	932	+	CODING: Words stricken are deletions; words underlined are additions.
	933	+	hb0321-00
	934	+	Page 26 of 88
	935	+	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
	936	+
	937	+
	938	+
	939	+	authority or who willfully violates a any rule of the department 626
	940	+	relating to this section commits is guilty of a misdemeanor of 627
	941	+	the second degree, punishable as provided in s. 775.082 or s. 628
	942	+	775.083. 629
	943	+	Section 15. Subsection (12) of section 320.08, Florida 630
	944	+	Statutes, is amended to read: 631
	945	+	320.08 License taxes. —Except as otherwise provided herein, 632
	946	+	there are hereby levied and imposed annual license taxes for the 633
	947	+	operation of motor vehicles, mopeds, tri -vehicles as defined in 634
	948	+	s. 316.003, and mobile homes as defined in s. 320.01, which 635
	949	+	shall be paid to and collected by the depart ment or its agent 636
	950	+	upon the registration or renewal of registration of the 637
	951	+	following: 638
	952	+	(12) DEALER AND MANUFACTURER LICENSE PLATES. —A franchised 639
	953	+	motor vehicle dealer, independent motor vehicle dealer, marine 640
	954	+	boat trailer dealer, or mobile home dealer and m anufacturer, or 641
	955	+	movable tiny home dealer and manufacturer license plate: $17 642
	956	+	flat. For additional fees as set forth in s. 320.08056, dealers 643
	957	+	may purchase specialty license plates in lieu of the standard 644
	958	+	dealer license plates. Dealers shall be responsible f or all 645
	959	+	costs associated with the specialty license plate, including all 646
	960	+	annual use fees, processing fees, fees associated with switching 647
	961	+	license plate types, and any other applicable fees. 648
	962	+	Section 16. Section 320.0802, Florida Statutes, is amended 649
	963	+	to read: 650
	964	+
	965	+	HB 321 2023
	966	+
	967	+
	968	+
	969	+	CODING: Words stricken are deletions; words underlined are additions.
	970	+	hb0321-00
	971	+	Page 27 of 88
	972	+	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
	973	+
	974	+
	975	+
	976	+	320.0802 Surcharge on license tax. —There is hereby levied 651
	977	+	and imposed on each license tax imposed under s. 320.08, except 652
	978	+	those set forth in s. 320.08(11) and (12), a surcharge in the 653
	979	+	amount of $1, which shall be collected in the same manner as the 654
	980	+	license tax and deposited into the State Agency Law Enforcement 655
	981	+	Radio System Trust Fund of the Department of Management 656
	982	+	Services. 657
	983	+	Section 17. Section 320.0804, Florida Statutes, is amended 658
	984	+	to read: 659
	985	+	320.0804 Surcharge on license tax. —A surcharge of $2 shall 660
	986	+	be imposed on each license tax imposed under s. 320.08, except 661
	987	+	those set forth in s. 320.08(11) and (12), which shall be 662
	988	+	collected in the same manner as the license tax. This surcharge 663
	989	+	shall be further reduced to $1.20 on September 1, 2014, in order 664
	990	+	to negate the license plate increase of 80 cents imposed by 665
	991	+	chapter 2009-71, Laws of Florida. Of this amount, $1 shall be 666
	992	+	deposited into the State Transportation Trust Fund, and 20 cents 667
	993	+	shall be deposited into the Highway Safety Operating Trust Fund. 668
	994	+	Section 18. Section 320.08046, Florida Statutes, is 669
	995	+	amended to read: 670
	996	+	320.08046 Juvenile programs surcharge on license tax. —A 671
	997	+	surcharge of $1 shall be imposed on each license tax imposed 672
	998	+	under s. 320.08, except those set forth in s. 320.08(11) and 673
	999	+	(12), which shall be collected in the same manner as the license 674
	1000	+	tax and deposited into the Grants and Donations Trust Fund in 675
	1001	+
	1002	+	HB 321 2023
	1003	+
	1004	+
	1005	+
	1006	+	CODING: Words stricken are deletions; words underlined are additions.
	1007	+	hb0321-00
	1008	+	Page 28 of 88
	1009	+	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
	1010	+
	1011	+
	1012	+
	1013	+	the Department of Juvenile Justice to fund the juvenile crime 676
	1014	+	prevention programs and the community juvenile justice 677
	1015	+	partnership grants program. 678
	1016	+	Section 19. Subsections (1), (2), and (3) of section 679
	1017	+	320.081, Florida Statutes, are amended to read: 680
	1018	+	320.081 Collection and distribution of annual license tax 681
	1019	+	imposed on the following type units. — 682
	1020	+	(1) The provisions of This section applies shall apply to 683
	1021	+	all mobile homes, movable tiny homes, and park trailers, and to 684
	1022	+	all travel trailers and fifth -wheel trailers exceeding 35 feet 685
	1023	+	in body length. 686
	1024	+	(2) The annual license tax prescribed in s. 320.08(10) , 687
	1025	+	and (11), and (12) is in lieu of ad valorem taxes, and a 688
	1026	+	sticker, as appropriate, shall be issued to evidence payment 689
	1027	+	thereof. It is permissible in this state to transport units 690
	1028	+	governed by this section, registered hereunder, without a 691
	1029	+	corresponding state license plate on the towing vehicle. 692
	1030	+	(3) The owner shall make application for such sticker in 693
	1031	+	the manner provided in s. 320.02, and the tax collectors in the 694
	1032	+	several counties of the state shall collect the license taxes 695
	1033	+	imposed by s. 320.08(10) , and (11), and (12) and the license tax 696
	1034	+	surcharge imposed by s. 320.08015 in the same manner and under 697
	1035	+	the same conditions and requirements as provided in s. 320.03. 698
	1036	+	Section 20. Subsection (2) of section 320.0815, Florida 699
	1037	+	Statutes, is amended to read: 700
	1038	+
	1039	+	HB 321 2023
	1040	+
	1041	+
	1042	+
	1043	+	CODING: Words stricken are deletions; words underlined are additions.
	1044	+	hb0321-00
	1045	+	Page 29 of 88
	1046	+	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
	1047	+
	1048	+
	1049	+
	1050	+	320.0815 Mobile homes , movable tiny homes, and 701
	1051	+	recreational vehicle -type units required to have appropriate 702
	1052	+	license plates or stickers. — 703
	1053	+	(2) A mobile home or recreational vehicle -type unit that 704
	1054	+	which is permanently affixed to the land shall be issued a 705
	1055	+	mobile home sticker at the fee prescribed in s . 320.08(11), and 706
	1056	+	a movable tiny home that is permanently affixed to land shall be 707
	1057	+	issued a movable tiny home sticker at the fee prescribed in s. 708
	1058	+	320.08(12), unless the mobile home , movable tiny home, or 709
	1059	+	recreational vehicle -type unit is qualified and taxe d as real 710
	1060	+	property, in which case the mobile home , movable tiny home, or 711
	1061	+	recreational vehicle -type unit shall be issued an "RP" series 712
	1062	+	sticker. Series "RP" stickers shall be provided by the 713
	1063	+	department to the tax collectors, and such a sticker will be 714
	1064	+	issued by the tax collector to the registered owner of such a 715
	1065	+	mobile home, movable tiny home, or recreational vehicle -type 716
	1066	+	unit upon the production of a certificate of the respective 717
	1067	+	property appraiser that such mobile home , movable tiny home, or 718
	1068	+	recreational vehicle-type unit is included in an assessment of 719
	1069	+	the property of such registered owner for ad valorem taxation. 720
	1070	+	An "RP" series sticker shall be issued by the tax collector for 721
	1071	+	an aggregate fee of $3 each, to be distributed as follows: $2.50 722
	1072	+	shall be retained by the tax collector as a service charge; 25 723
	1073	+	cents shall be remitted to the property appraiser; and 25 cents 724
	1074	+	shall be remitted to the department to defray the cost of 725
	1075	+
	1076	+	HB 321 2023
	1077	+
	1078	+
	1079	+
	1080	+	CODING: Words stricken are deletions; words underlined are additions.
	1081	+	hb0321-00
	1082	+	Page 30 of 88
	1083	+	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
	1084	+
	1085	+
	1086	+
	1087	+	manufacture and handling. Mobile home stickers , movable tiny 726
	1088	+	home stickers, and "RP" series stickers shall be of a size to be 727
	1089	+	determined by the department. A mobile home sticker , movable 728
	1090	+	tiny home sticker, or "RP" series sticker shall be affixed to 729
	1091	+	the lower left corner of the window closest to the street or 730
	1092	+	road providing access to such residence. 731
	1093	+	Section 21. Paragraph (a) of subsection (1) and subsection 732
	1094	+	(2) of section 320.10, Florida Statutes, are amended to read: 733
	1095	+	320.10 Exemptions.— 734
	1096	+	(1) The provisions of s. 320.08 do not apply to: 735
	1097	+	(a) Any motor vehicle , or mobile home, or movable tiny 736
	1098	+	home owned by, and operated exclusively for the personal use of, 737
	1099	+	any member of the United States Armed Forces who is not a 738
	1100	+	resident of this state and who is stationed in the state while 739
	1101	+	in compliance with military or naval orders; 740
	1102	+	(2) Any such vehicle, or mobile home, or movable tiny 741
	1103	+	home, except one owned or operated exclusively by the Federal 742
	1104	+	Government, shall be furnished a license plate, validation 743
	1105	+	sticker, or mobile home sticker, or movable tiny home sticker 744
	1106	+	upon the proper applica tion to the department and upon the 745
	1107	+	payment of $3 to cover the cost of same . For any motor vehicle , 746
	1108	+	or mobile home, or movable tiny home that which is exempt under 747
	1109	+	paragraph (1)(a), there shall be issued a license plate, 748
	1110	+	validation sticker, or mobile home sticker, or movable tiny home 749
	1111	+	sticker prescribed by s. 320.06; and for any vehicle that which 750
	1112	+
	1113	+	HB 321 2023
	1114	+
	1115	+
	1116	+
	1117	+	CODING: Words stricken are deletions; words underlined are additions.
	1118	+	hb0321-00
	1119	+	Page 31 of 88
	1120	+	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
	1121	+
	1122	+
	1123	+
	1124	+	is exempt under paragraphs (1)(c) -(h), there shall be issued a 751
	1125	+	license plate under series "X." Vehicles exempt under this 752
	1126	+	provision must be equipped with proper l icense plates showing 753
	1127	+	such exempt status. 754
	1128	+	Section 22. Subsections (1) and (2) of section 320.13, 755
	1129	+	Florida Statutes, are amended to read: 756
	1130	+	320.13 Dealer and manufacturer license plates and 757
	1131	+	alternative method of registration. — 758
	1132	+	(1)(a) A Any licensed motor vehicle dealer, a and any 759
	1133	+	licensed mobile home dealer , and a licensed movable tiny home 760
	1134	+	dealer may, upon payment of the license tax imposed by s. 761
	1135	+	320.08(13) s. 320.08(12), secure one or more dealer license 762
	1136	+	plates, which are valid for use on motor vehicl es, or mobile 763
	1137	+	homes, or movable tiny homes owned by the dealer to whom such 764
	1138	+	plates are issued while the motor vehicles are in inventory and 765
	1139	+	for sale, or while being operated in connection with such 766
	1140	+	dealer's business, but are not valid for use for hire. Dea ler 767
	1141	+	license plates may not be used on a any tow truck or wrecker 768
	1142	+	unless the tow truck or wrecker is being demonstrated for sale, 769
	1143	+	and the dealer license plates may not be used on a vehicle used 770
	1144	+	to transport another motor vehicle for the motor vehicle dealer . 771
	1145	+	(b)1. Marine boat trailer dealers and manufacturers may, 772
	1146	+	upon payment of the license taxes imposed by s. 320.08(13) s. 773
	1147	+	320.08(12), secure one or more dealer plates, which are valid 774
	1148	+	for use on boat trailers owned by the dealer to whom such plates 775
	1149	+
	1150	+	HB 321 2023
	1151	+
	1152	+
	1153	+
	1154	+	CODING: Words stricken are deletions; words underlined are additions.
	1155	+	hb0321-00
	1156	+	Page 32 of 88
	1157	+	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
	1158	+
	1159	+
	1160	+
	1161	+	are issued while being used in connection with such dealer's 776
	1162	+	business, but are not valid for use for hire. 777
	1163	+	2. It is the intent of the Legislature that the method 778
	1164	+	currently used to license marine boat trailer dealers to do 779
	1165	+	business in the state, that is, by an occupational license 780
	1166	+	issued by the city or county, not be changed. The department 781
	1167	+	shall not interpret this act to mean that it is empowered to 782
	1168	+	license such dealers to do business. An occupational license tax 783
	1169	+	certificate shall be sufficient proof upon which the department 784
	1170	+	may issue dealer license plates. 785
	1171	+	(c) A dealer of heavy trucks as defined in s. 320.01(10), 786
	1172	+	upon payment of the license tax imposed by s. 320.08(13) s. 787
	1173	+	320.08(12), may secure one or more dealer license plates that 788
	1174	+	are valid for use on vehi cles owned by the dealer to whom such 789
	1175	+	plates are issued while the heavy trucks are in inventory and 790
	1176	+	for sale and are being used only in the state for demonstration 791
	1177	+	purposes. The license plates may be used for demonstration 792
	1178	+	purposes for a period not to exce ed 24 hours. The license plates 793
	1179	+	must be validated on a form prescribed by the department and 794
	1180	+	must be retained in the vehicle being operated. 795
	1181	+	(2) A licensed manufacturer, importer, or distributor of 796
	1182	+	motor vehicles may, upon payment of the license tax impo sed by 797
	1183	+	s. 320.08(13) s. 320.08(12), secure one or more manufacturer 798
	1184	+	license plates, which are valid for use on motor vehicles owned 799
	1185	+	by the manufacturer, importer, or distributor to whom such 800
	1186	+
	1187	+	HB 321 2023
	1188	+
	1189	+
	1190	+
	1191	+	CODING: Words stricken are deletions; words underlined are additions.
	1192	+	hb0321-00
	1193	+	Page 33 of 88
	1194	+	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
	1195	+
	1196	+
	1197	+
	1198	+	plates are issued while the motor vehicles are in inventory and 801
	1199	+	for sale, being operated for demonstration purposes, or in 802
	1200	+	connection with the manufacturer's business, but are not valid 803
	1201	+	for use for hire. 804
	1202	+	Section 23. Paragraphs (c) and (l) of subsection (1) of 805
	1203	+	section 320.131, Florida Statutes, are amended to read: 806
	1204	+	320.131 Temporary tags. — 807
	1205	+	(1) The department is authorized and empowered to design, 808
	1206	+	issue, and regulate the use of temporary tags to be designated 809
	1207	+	"temporary tags" for use in the following cases: 810
	1208	+	(c) For certified common carriers or driveaway companies 811
	1209	+	who transport motor vehicles, mobile homes, movable tiny homes, 812
	1210	+	or recreational vehicles from one place to another for persons 813
	1211	+	other than themselves. 814
	1212	+	(l) For use by licensed dealers to transport motor 815
	1213	+	vehicles, and recreational vehicles , and movable tiny homes from 816
	1214	+	the dealer's licensed location to an off -premise sales location 817
	1215	+	and return. Temporary tags used for such purposes shall be 818
	1216	+	issued to the licensed dealer who owns the vehicles. 819
	1217	+	820
	1218	+	Further, the department is authorized to disallow the purchase 821
	1219	+	of temporary tags by licensed dealers, common carriers, or 822
	1220	+	financial institutions in those cases where abuse has occurred. 823
	1221	+	Section 24. Section 320.15, Florida Statutes, is amended 824
	1222	+	to read: 825
	1223	+
	1224	+	HB 321 2023
	1225	+
	1226	+
	1227	+
	1228	+	CODING: Words stricken are deletions; words underlined are additions.
	1229	+	hb0321-00
	1230	+	Page 34 of 88
	1231	+	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
	1232	+
	1233	+
	1234	+
	1235	+	320.15 Refund of license tax. — 826
	1236	+	(1) A Any resident owner of a motor vehicle , or mobile 827
	1237	+	home, or movable tiny home that has been destroyed or 828
	1238	+	permanently removed from the state shall, upon application to 829
	1239	+	the department and surrender of the license plate , or mobile 830
	1240	+	home sticker, or movable tiny hom e sticker issued for such 831
	1241	+	vehicle, be entitled to a credit to apply to registration of any 832
	1242	+	other vehicle in the name of the owner, if the amount is $3 or 833
	1243	+	more, for the unexpired period of the license. However, if the 834
	1244	+	license plate surrendered is a "for -hire" license plate, the 835
	1245	+	amount of credit may not be more than one -half of the annual 836
	1246	+	license tax amount. A credit is not valid after the expiration 837
	1247	+	date of the license plate which is current on the date of the 838
	1248	+	credit, as provided in s. 320.07. 839
	1249	+	(2) A motor vehicle registrant, or mobile home owner, or 840
	1250	+	movable tiny home owner who has renewed a motor vehicle 841
	1251	+	registration during the advance renewal period pursuant to s. 842
	1252	+	320.071 and who surrenders the license plate for the vehicle 843
	1253	+	before the end of the renewal pe riod may apply for a refund of 844
	1254	+	the license taxes assessed in s. 320.08. 845
	1255	+	Section 25. Section 320.17, Florida Statutes, is amended 846
	1256	+	to read: 847
	1257	+	320.17 Classification of vehicles , and mobile homes, and 848
	1258	+	movable tiny homes; assessment of license tax by depart ment.—The 849
	1259	+	department may, in accordance with the provisions of this 850
	1260	+
	1261	+	HB 321 2023
	1262	+
	1263	+
	1264	+
	1265	+	CODING: Words stricken are deletions; words underlined are additions.
	1266	+	hb0321-00
	1267	+	Page 35 of 88
	1268	+	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
	1269	+
	1270	+
	1271	+
	1272	+	chapter, determine the classification of, and the amount of 851
	1273	+	license tax due on, a any motor vehicle, or mobile home, or 852
	1274	+	movable tiny home required to be registered under the laws of 853
	1275	+	this state and may, in accordance with the provisions of this 854
	1276	+	chapter, fix, determine, and assess the amount of license tax 855
	1277	+	and fees to be paid for registration or renewal of registration. 856
	1278	+	A determination of the department, when certified in writing, is 857
	1279	+	prima facie evidence of the validity, regularity, and propriety 858
	1280	+	thereof and of the liability of the vehicle involved therein to 859
	1281	+	the classification and tax so determined, fixed, and assessed. 860
	1282	+	No Such a determination when made by the department may not be 861
	1283	+	disregarded or set aside in any court, except when clearly shown 862
	1284	+	to be unwarranted in law or in fact. 863
	1285	+	Section 26. Subsections (1) and (3) of section 320.18, 864
	1286	+	Florida Statutes, are amended to read: 865
	1287	+	320.18 Withholding registration. — 866
	1288	+	(1) The department may withh old the registration of any 867
	1289	+	motor vehicle, or mobile home, or movable tiny home the owner or 868
	1290	+	co-owner of which has failed to register it under the provisions 869
	1291	+	of law for any previous period or periods for which it appears 870
	1292	+	registration should have been made in this state until the tax 871
	1293	+	for such period or periods is paid. The department may cancel 872
	1294	+	any vehicle or vessel registration, driver license, 873
	1295	+	identification card, or fuel -use tax decal if the owner or co -874
	1296	+	owner pays for any vehicle or vessel registration, d river 875
	1297	+
	1298	+	HB 321 2023
	1299	+
	1300	+
	1301	+
	1302	+	CODING: Words stricken are deletions; words underlined are additions.
	1303	+	hb0321-00
	1304	+	Page 36 of 88
	1305	+	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
	1306	+
	1307	+
	1308	+
	1309	+	license, identification card, or fuel -use tax decal; pays any 876
	1310	+	administrative, delinquency, or reinstatement fee; or pays any 877
	1311	+	tax liability, penalty, or interest specified in chapter 207 by 878
	1312	+	a dishonored check, or if the vehicle owner or motor carrier has 879
	1313	+	failed to pay a penalty for a weight or safety violation issued 880
	1314	+	by the Department of Transportation or the Department of Highway 881
	1315	+	Safety and Motor Vehicles. The Department of Transportation and 882
	1316	+	the Department of Highway Safety and Motor Vehicles may imp ound 883
	1317	+	any commercial motor vehicle that has a canceled license plate 884
	1318	+	or fuel-use tax decal until the tax liability, penalty, and 885
	1319	+	interest specified in chapter 207, the license tax, or the fuel -886
	1320	+	use decal fee, and applicable administrative fees have been paid 887
	1321	+	for by certified funds. 888
	1322	+	(3) In the case of repossession, a mobile home or movable 889
	1323	+	tiny home is exempt from registration when the dwelling is not 890
	1324	+	transferred or titled for occupancy. 891
	1325	+	Section 27. Section 320.19, Florida Statutes, is amended 892
	1326	+	to read: 893
	1327	+	320.19 Tax lien; enforcement. —The license tax required 894
	1328	+	under this chapter, when not paid, constitutes a first lien upon 895
	1329	+	the motor vehicle, or mobile home, or movable tiny home on which 896
	1330	+	the tax is due. Such lien is superior to all other liens upon 897
	1331	+	such motor vehicle, mobile home, or movable tiny home . If the 898
	1332	+	amount of the license tax due remains unpaid for more than 30 899
	1333	+	days, the department may, in addition to any other remedy 900
	1334	+
	1335	+	HB 321 2023
	1336	+
	1337	+
	1338	+
	1339	+	CODING: Words stricken are deletions; words underlined are additions.
	1340	+	hb0321-00
	1341	+	Page 37 of 88
	1342	+	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
	1343	+
	1344	+
	1345	+
	1346	+	provided by law, enforce the lien by issuance of a tax warrant. 901
	1347	+	The sheriff or other person to whom such warrant is directed 902
	1348	+	shall proceed upon the warrant in the manner and with like 903
	1349	+	effect as is prescribed by law for executions issued against 904
	1350	+	property upon judgments of record. 905
	1351	+	Section 28. Subsection (1) of section 320.203, Florida 906
	1352	+	Statutes, is amended to read: 907
	1353	+	320.203 Disposition of biennial license tax moneys. — 908
	1354	+	(1) Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or 909
	1355	+	(b), (6), (7), (8), (9), (10), or (11), or (12), 320.08058, and 910
	1356	+	328.76 and pursuant to s. 216.351, after the prov isions of s. 911
	1357	+	320.20(1), (2), (3), (4), and (5) are fulfilled, an amount equal 912
	1358	+	to 50 percent of revenues collected from the biennial 913
	1359	+	registrations created in s. 320.07 shall be retained in the 914
	1360	+	Motor Vehicle License Clearing Trust Fund, authorized in s. 915
	1361	+	215.32(2)(b)2.f., until July 1. After July 1 of the subsequent 916
	1362	+	fiscal year, an amount equal to 50 percent of revenues collected 917
	1363	+	from the biennial registrations created in s. 320.07 shall be 918
	1364	+	distributed according to ss. 320.08(1), (2), (3), (4)(a) or (b), 919
	1365	+	(6), (7), (8), (9), (10), or (11), or (12), 320.08058, 328.76, 920
	1366	+	and 320.20(1), (2), (3), (4), and (5). 921
	1367	+	Section 29. Section 320.26, Florida Statutes, is amended 922
	1368	+	to read: 923
	1369	+	320.26 Counterfeiting license plates, validation stickers, 924
	1370	+	mobile home stickers, movable tiny home stickers, cab cards, 925
	1371	+
	1372	+	HB 321 2023
	1373	+
	1374	+
	1375	+
	1376	+	CODING: Words stricken are deletions; words underlined are additions.
	1377	+	hb0321-00
	1378	+	Page 38 of 88
	1379	+	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
	1380	+
	1381	+
	1382	+
	1383	+	trip permits, or special temporary operational permits 926
	1384	+	prohibited; penalty. — 927
	1385	+	(1)(a) A No person may not shall counterfeit registration 928
	1386	+	license plates, validation stickers, or mobile home stickers, or 929
	1387	+	movable tiny home stickers, or have in his or her possession any 930
	1388	+	such plates or stickers; nor shall a any person manufacture, 931
	1389	+	sell, or dispose of registration license plates, validation 932
	1390	+	stickers, or mobile home stickers , or movable tiny home stickers 933
	1391	+	in the state without first having obtained the permission and 934
	1392	+	authority of the department in writing. 935
	1393	+	(b) A No person may not shall counterfeit, alter, or 936
	1394	+	manufacture International Registration Plan cab cards, trip 937
	1395	+	permits, special temporary permits, or temporary operationa l 938
	1396	+	permits; nor shall a any person sell or dispose of International 939
	1397	+	Registration Plan cab cards, trip permits, special temporary 940
	1398	+	permits, or temporary operational permits without first having 941
	1399	+	obtained the permission and authority of the department in 942
	1400	+	writing. 943
	1401	+	(2) A Any person who violates this section commits is 944
	1402	+	guilty of a felony of the third degree. 945
	1403	+	(a) If the violator is a natural person, he or she is 946
	1404	+	punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 947
	1405	+	(b) If the violator is an associat ion or corporation, it 948
	1406	+	is punishable as provided in s. 775.083, and the official of the 949
	1407	+	association or corporation under whose direction or with whose 950
	1408	+
	1409	+	HB 321 2023
	1410	+
	1411	+
	1412	+
	1413	+	CODING: Words stricken are deletions; words underlined are additions.
	1414	+	hb0321-00
	1415	+	Page 39 of 88
	1416	+	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
	1417	+
	1418	+
	1419	+
	1420	+	knowledge, consent, or acquiescence such violation occurred may 951
	1421	+	be punished as provided in s. 775.082, in addition to the fine 952
	1422	+	that which may be imposed upon such association or corporation. 953
	1423	+	Section 30. Section 320.261, Florida Statutes, is amended 954
	1424	+	to read: 955
	1425	+	320.261 Attaching registration license plate not assigned 956
	1426	+	unlawful; penalty.—A Any person who knowingly attaches to a any 957
	1427	+	motor vehicle, or mobile home, or movable tiny home a any 958
	1428	+	registration license plate, or who knowingly attaches a any 959
	1429	+	validation sticker, or mobile home sticker, or movable tiny home 960
	1430	+	sticker to a registration license plate, which p late or sticker 961
	1431	+	was not issued and assigned or lawfully transferred to such 962
	1432	+	motor vehicle, mobile home, or movable tiny home commits is 963
	1433	+	guilty of a misdemeanor of the second degree, punishable as 964
	1434	+	provided in s. 775.082 or s. 775.083. 965
	1435	+	Section 31. Paragraph (b) of subsection (1) and paragraph 966
	1436	+	(b) of subsection (9) of section 320.27, Florida Statutes, are 967
	1437	+	amended to read: 968
	1438	+	320.27 Motor vehicle dealers. — 969
	1439	+	(1) DEFINITIONS.—The following words, terms, and phrases 970
	1440	+	when used in this section have the meanings respectively 971
	1441	+	ascribed to them in this subsection, except where the context 972
	1442	+	clearly indicates a different meaning: 973
	1443	+	(b) "Motor vehicle" means any motor vehicle of the type 974
	1444	+	and kind required to be registered and titled under chapter 319 975
	1445	+
	1446	+	HB 321 2023
	1447	+
	1448	+
	1449	+
	1450	+	CODING: Words stricken are deletions; words underlined are additions.
	1451	+	hb0321-00
	1452	+	Page 40 of 88
	1453	+	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
	1454	+
	1455	+
	1456	+
	1457	+	and this chapter, ex cept a recreational vehicle, moped, 976
	1458	+	motorcycle powered by a motor with a displacement of 50 cubic 977
	1459	+	centimeters or less, or mobile home, or movable tiny home . 978
	1460	+	(9) DENIAL, SUSPENSION, OR REVOCATION. — 979
	1461	+	(b) The department may deny, suspend, or revoke any 980
	1462	+	license issued hereunder or under the provisions of s. 320.77 or 981
	1463	+	s. 320.771 upon proof that a licensee has committed, with 982
	1464	+	sufficient frequency so as to establish a pattern of wrongdoing 983
	1465	+	on the part of a licensee, violations of one or more of the 984
	1466	+	following activities: 985
	1467	+	1. Representation that a demonstrator is a new motor 986
	1468	+	vehicle, or the attempt to sell or the sale of a demonstrator as 987
	1469	+	a new motor vehicle without written notice to the purchaser that 988
	1470	+	the vehicle is a demonstrator. For the purposes of this secti on, 989
	1471	+	a "demonstrator," a "new motor vehicle," and a "used motor 990
	1472	+	vehicle" shall be defined as under s. 320.60. 991
	1473	+	2. Unjustifiable refusal to comply with a licensee's 992
	1474	+	responsibility under the terms of the new motor vehicle warranty 993
	1475	+	issued by its respective ma nufacturer, distributor, or importer. 994
	1476	+	However, if such refusal is at the direction of the 995
	1477	+	manufacturer, distributor, or importer, such refusal shall not 996
	1478	+	be a ground under this section. 997
	1479	+	3. Misrepresentation or false, deceptive, or misleading 998
	1480	+	statements with regard to the sale or financing of motor 999
	1481	+	vehicles which any motor vehicle dealer has, or causes to have, 1000
	1482	+
	1483	+	HB 321 2023
	1484	+
	1485	+
	1486	+
	1487	+	CODING: Words stricken are deletions; words underlined are additions.
	1488	+	hb0321-00
	1489	+	Page 41 of 88
	1490	+	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
	1491	+
	1492	+
	1493	+
	1494	+	advertised, printed, displayed, published, distributed, 1001
	1495	+	broadcast, televised, or made in any manner with regard to the 1002
	1496	+	sale or financing of motor ve hicles. 1003
	1497	+	4. Failure by any motor vehicle dealer to provide a 1004
	1498	+	customer or purchaser with an odometer disclosure statement and 1005
	1499	+	a copy of any bona fide written, executed sales contract or 1006
	1500	+	agreement of purchase connected with the purchase of the motor 1007
	1501	+	vehicle purchased by the customer or purchaser. 1008
	1502	+	5. Failure of any motor vehicle dealer to comply with the 1009
	1503	+	terms of any bona fide written, executed agreement, pursuant to 1010
	1504	+	the sale of a motor vehicle. 1011
	1505	+	6. Failure to apply for transfer of a title as prescribed 1012
	1506	+	in s. 319.23(6). 1013
	1507	+	7. Use of the dealer license identification number by any 1014
	1508	+	person other than the licensed dealer or his or her designee. 1015
	1509	+	8. Failure to continually meet the requirements of the 1016
	1510	+	licensure law. 1017
	1511	+	9. Representation to a customer or any advert isement to 1018
	1512	+	the public representing or suggesting that a motor vehicle is a 1019
	1513	+	new motor vehicle if such vehicle lawfully cannot be titled in 1020
	1514	+	the name of the customer or other member of the public by the 1021
	1515	+	seller using a manufacturer's statement of origin as per mitted 1022
	1516	+	in s. 319.23(1). 1023
	1517	+	10. Requirement by any motor vehicle dealer that a 1024
	1518	+	customer or purchaser accept equipment on his or her motor 1025
	1519	+
	1520	+	HB 321 2023
	1521	+
	1522	+
	1523	+
	1524	+	CODING: Words stricken are deletions; words underlined are additions.
	1525	+	hb0321-00
	1526	+	Page 42 of 88
	1527	+	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
	1528	+
	1529	+
	1530	+
	1531	+	vehicle which was not ordered by the customer or purchaser. 1026
	1532	+	11. Requirement by any motor vehicle dealer that any 1027
	1533	+	customer or purchaser finance a motor vehicle with a specific 1028
	1534	+	financial institution or company. 1029
	1535	+	12. Requirement by any motor vehicle dealer that the 1030
	1536	+	purchaser of a motor vehicle contract with the dealer for 1031
	1537	+	physical damage insurance. 1032
	1538	+	13. Perpetration of a f raud upon any person as a result of 1033
	1539	+	dealing in motor vehicles, including, without limitation, the 1034
	1540	+	misrepresentation to any person by the licensee of the 1035
	1541	+	licensee's relationship to any manufacturer, importer, or 1036
	1542	+	distributor. 1037
	1543	+	14. Violation of any of the pr ovisions of s. 319.35 by any 1038
	1544	+	motor vehicle dealer. 1039
	1545	+	15. Sale by a motor vehicle dealer of a vehicle offered in 1040
	1546	+	trade by a customer prior to consummation of the sale, exchange, 1041
	1547	+	or transfer of a newly acquired vehicle to the customer, unless 1042
	1548	+	the customer provides written authorization for the sale of the 1043
	1549	+	trade-in vehicle prior to delivery of the newly acquired 1044
	1550	+	vehicle. 1045
	1551	+	16. Willful failure to comply with any administrative rule 1046
	1552	+	adopted by the department or the provisions of s. 320.131(8). 1047
	1553	+	17. Violation of chapter 319, this chapter, or ss. 1048
	1554	+	559.901-559.9221, which has to do with dealing in or repairing 1049
	1555	+	motor vehicles, or mobile homes, or movable tiny homes . 1050
	1556	+
	1557	+	HB 321 2023
	1558	+
	1559	+
	1560	+
	1561	+	CODING: Words stricken are deletions; words underlined are additions.
	1562	+	hb0321-00
	1563	+	Page 43 of 88
	1564	+	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
	1565	+
	1566	+
	1567	+
	1568	+	Additionally, in the case of used motor vehicles, the willful 1051
	1569	+	violation of the federal law and rule in 15 U.S.C. s. 2304, 16 1052
	1570	+	C.F.R. part 455, pertaining to the consumer sales window form. 1053
	1571	+	18. Failure to maintain evidence of notification to the 1054
	1572	+	owner or co-owner of a vehicle regarding registration or titling 1055
	1573	+	fees owed as required in s. 320.02(17). 1056
	1574	+	19. Failure to register a mobile home salesperson or 1057
	1575	+	movable tiny home salesperson with the department as required by 1058
	1576	+	this section. 1059
	1577	+	Section 32. Section 320.28, Florida Statutes, is amended 1060
	1578	+	to read: 1061
	1579	+	320.28 Nonresident dealers in secondhand motor vehicles, 1062
	1580	+	recreational vehicles, movable tiny homes, or mobile homes.—1063
	1581	+	Every dealer in used or secondhand motor vehicles, recreational 1064
	1582	+	vehicles, movable tiny homes, or mobile homes who is a 1065
	1583	+	nonresident of the state, does not have a permanent place of 1066
	1584	+	business in this state, and has not qualified as a dealer under 1067
	1585	+	the provisions of ss. 320.27, 320.77, and 320.771, and 320.772, 1068
	1586	+	and any person other than a dealer qualified under the 1069
	1587	+	provisions of said ss. 320.27, 320.77, and 320.771, and 320.772, 1070
	1588	+	who brings any used or s econdhand motor vehicle, recreational 1071
	1589	+	vehicle, movable tiny home, or mobile home into the state for 1072
	1590	+	the purpose of sale, except to a dealer licensed under the 1073
	1591	+	provisions of ss. 320.27, 320.77, and 320.771, and 320.772, 1074
	1592	+	shall, at least 10 days before prior to the sale of said 1075
	1593	+
	1594	+	HB 321 2023
	1595	+
	1596	+
	1597	+
	1598	+	CODING: Words stricken are deletions; words underlined are additions.
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	1601	+	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
	1602	+
	1603	+
	1604	+
	1605	+	vehicle, the offering of said vehicle for sale, or the 1076
	1606	+	advertising of said vehicle for sale of such vehicle, make and 1077
	1607	+	file with the department the official application for a 1078
	1608	+	certificate of title for such said vehicle as provided by law. 1079
	1609	+	Any person who has had one or more transactions involving the 1080
	1610	+	sale of three or more used or secondhand motor vehicles, 1081
	1611	+	recreational vehicles, movable tiny homes, or mobile homes in 1082
	1612	+	Florida during any 12 -month period shall be deemed to be a 1083
	1613	+	secondhand dealer in motor vehicles, recreational vehicles, 1084
	1614	+	movable tiny homes, or mobile homes. 1085
	1615	+	Section 33. Paragraph (c) of subsection (2) of section 1086
	1616	+	320.37, Florida Statutes, is amended to read: 1087
	1617	+	320.37 Registration not to apply to nonresidents. — 1088
	1618	+	(2) The exemption granted by this section does not apply 1089
	1619	+	to: 1090
	1620	+	(c) Recreational vehicles , movable tiny homes, or mobile 1091
	1621	+	homes located in this state for at least 6 consecutive months; 1092
	1622	+	or 1093
	1623	+	Section 34. Subsection (1) of section 320.71, Florida 1094
	1624	+	Statutes, is amended to read: 1095
	1625	+	320.71 Nonresident motor vehicle, mobile home, movable 1096
	1626	+	tiny home, or recreational vehicle dealer's license. — 1097
	1627	+	(1) A Any person who is a nonresident of the state, who 1098
	1628	+	does not have a dealer's contract from the manufacturer or 1099
	1629	+	manufacturer's distrib utor of motor vehicles, mobile homes, 1100
	1630	+
	1631	+	HB 321 2023
	1632	+
	1633	+
	1634	+
	1635	+	CODING: Words stricken are deletions; words underlined are additions.
	1636	+	hb0321-00
	1637	+	Page 45 of 88
	1638	+	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
	1639	+
	1640	+
	1641	+
	1642	+	movable tiny homes, or recreational vehicles authorizing the 1101
	1643	+	sale thereof in definite Florida territory, and who sells or 1102
	1644	+	engages in the business of selling such said vehicles at retail 1103
	1645	+	within the state shall register with the Department of Revenue 1104
	1646	+	for a sales tax dealer registration number , and comply with 1105
	1647	+	chapter 212, and pay a license tax of $2,000 per annum in each 1106
	1648	+	county where such sales are made . Of such tax,; $1,250 of said 1107
	1649	+	tax shall be transmitted to the Departm ent of Financial Services 1108
	1650	+	to be deposited in the General Revenue Fund of the state, and 1109
	1651	+	$750 thereof shall be returned to the county. The license tax 1110
	1652	+	shall cover the period from January 1 to the following December 1111
	1653	+	31, and no such license may not shall be issued for any 1112
	1654	+	fractional part of a year. 1113
	1655	+	Section 35. Subsection (11) of section 320.771, Florida 1114
	1656	+	Statutes, is amended, and subsection (18) is added to that 1115
	1657	+	section, to read: 1116
	1658	+	320.771 License required of recreational vehicle dealers. — 1117
	1659	+	(11) SETUP OPERATIONS.—Each licensee may perform setup 1118
	1660	+	operations only as defined in s. 320.822(16) s. 320.822, and the 1119
	1661	+	department shall provide by rule for the uniform application of 1120
	1662	+	all existing statutory provisions relating to licensing and 1121
	1663	+	setup operations. 1122
	1664	+	(18) MOVABLE TINY HOMES.—A licensed recreational vehicle 1123
	1665	+	dealer may also sell movable tiny homes. 1124
	1666	+	Section 36. Section 320.772, Florida Statutes, is created 1125
	1667	+
	1668	+	HB 321 2023
	1669	+
	1670	+
	1671	+
	1672	+	CODING: Words stricken are deletions; words underlined are additions.
	1673	+	hb0321-00
	1674	+	Page 46 of 88
	1675	+	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
	1676	+
	1677	+
	1678	+
	1679	+	to read: 1126
	1680	+	320.772 License required of movable tiny home dealers. — 1127
	1681	+	(1) DEFINITIONS.—As used in this section, the term: 1128
	1682	+	(a)1. "Dealer" means a person engaged in the business of 1129
	1683	+	buying, selling, or dealing in movable tiny homes or offering or 1130
	1684	+	displaying movable tiny homes for sale. The term "dealer" 1131
	1685	+	includes a movable tiny home broker. A person who buys , sells, 1132
	1686	+	deals in, or offers or displays for sale, or who acts as the 1133
	1687	+	agent for the sale of, one or more movable tiny homes in any 12 -1134
	1688	+	month period shall be prima facie presumed to be a dealer. The 1135
	1689	+	terms "selling" and "sale" include lease -purchase transactions. 1136
	1690	+	The term "dealer" does not include banks, credit unions, and 1137
	1691	+	finance companies that acquire movable tiny homes as an incident 1138
	1692	+	to their regular business and does not include mobile home 1139
	1693	+	rental and leasing companies that sell movable tiny homes to 1140
	1694	+	dealers licensed under this section. 1141
	1695	+	2. A licensed dealer may transact business in movable tiny 1142
	1696	+	homes with a motor vehicle auction as defined in s. 1143
	1697	+	320.27(1)(c)4. Further, a licensed dealer may, at retail or 1144
	1698	+	wholesale, sell a motor vehicle, as described in s. 1145
	1699	+	320.01(1)(a), acquired in exchange for the sale of a movable 1146
	1700	+	tiny home if the acquisition is incidental to the principal 1147
	1701	+	business of being a movable tiny home dealer. However, a movable 1148
	1702	+	tiny home dealer may not buy a motor vehicle for the purpose of 1149
	1703	+	resale unless licensed as a motor vehicle dealer pursuant to s. 1150
	1704	+
	1705	+	HB 321 2023
	1706	+
	1707	+
	1708	+
	1709	+	CODING: Words stricken are deletions; words underlined are additions.
	1710	+	hb0321-00
	1711	+	Page 47 of 88
	1712	+	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
	1713	+
	1714	+
	1715	+
	1716	+	320.27. A dealer may apply for a certificate of title to a 1151
	1717	+	movable tiny home required to be registered under s. 320.08(12), 1152
	1718	+	using a manufacturer's statement of origin as permitted by s. 1153
	1719	+	319.23(1), only if the dealer is authorized by a 1154
	1720	+	manufacturer/dealer agreement, as defined in s. 320.3202, on 1155
	1721	+	file with the department, to buy, sell, or deal in that 1156
	1722	+	particular line-make of movable tiny home and the dealer is 1157
	1723	+	authorized by the manufacturer/dealer agr eement to perform 1158
	1724	+	delivery and preparation obligations and warranty defect 1159
	1725	+	adjustments on that line -make. 1160
	1726	+	(b) "Movable tiny home broker" means a person who is 1161
	1727	+	engaged in the business of offering to procure or procuring used 1162
	1728	+	movable tiny homes for the gen eral public; who holds himself or 1163
	1729	+	herself out through solicitation, advertisement, or otherwise as 1164
	1730	+	one who offers to procure or procures used movable tiny homes 1165
	1731	+	for the general public; or who acts as the agent or intermediary 1166
	1732	+	on behalf of the owner or sell er of a used movable tiny home 1167
	1733	+	that is for sale or who assists or represents the seller in 1168
	1734	+	finding a buyer for the movable tiny home. 1169
	1735	+	(2) LICENSE REQUIRED. —A person may not engage in business 1170
	1736	+	as, or serve in the capacity of, a dealer in this state unless 1171
	1737	+	such person possesses a valid, current license as provided in 1172
	1738	+	this section. Motor vehicle dealers licensed under s. 320.27 1173
	1739	+	shall not be required to obtain the license provided in this 1174
	1740	+	section to sell motor vehicles as defined in s. 320.01(1)(b)4., 1175
	1741	+
	1742	+	HB 321 2023
	1743	+
	1744	+
	1745	+
	1746	+	CODING: Words stricken are deletions; words underlined are additions.
	1747	+	hb0321-00
	1748	+	Page 48 of 88
	1749	+	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
	1750	+
	1751	+
	1752	+
	1753	+	5., and 6. 1176
	1754	+	(3) APPLICATION.—The application for such license shall be 1177
	1755	+	in the form prescribed by the department and subject to such 1178
	1756	+	rules as may be prescribed by it. The application shall be 1179
	1757	+	verified by oath or affirmation and shall contain: 1180
	1758	+	(a) A full statement of the name and the date of birth of 1181
	1759	+	the person or persons applying therefor. 1182
	1760	+	(b) The name of the firm or copartnership with the names 1183
	1761	+	and places of residence of all its members, if the applicant is 1184
	1762	+	a firm or copartnership. 1185
	1763	+	(c) The names and places of residence of the principal 1186
	1764	+	officers, if the applicant is a body corporate or other 1187
	1765	+	artificial body. 1188
	1766	+	(d) The name of the state under the laws of which the 1189
	1767	+	corporation is organized. 1190
	1768	+	(e) The former place or places of residence of the 1191
	1769	+	applicant. 1192
	1770	+	(f) The prior businesses in which the applicant has been 1193
	1771	+	engaged, the dates during which the applicant was engaged in 1194
	1772	+	such businesses, and the locations thereof. 1195
	1773	+	(g) A description of the exact location of the place of 1196
	1774	+	business, when it was acquired, and wheth er it is owned in fee 1197
	1775	+	simple by the applicant. If leased, a true copy of the lease 1198
	1776	+	shall be attached to the application. 1199
	1777	+	(h) Certification by the applicant that the location is a 1200
	1778	+
	1779	+	HB 321 2023
	1780	+
	1781	+
	1782	+
	1783	+	CODING: Words stricken are deletions; words underlined are additions.
	1784	+	hb0321-00
	1785	+	Page 49 of 88
	1786	+	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
	1787	+
	1788	+
	1789	+
	1790	+	permanent one, not a tent or a temporary stand or other 1201
	1791	+	temporary quarters; that the location affords sufficient 1202
	1792	+	unoccupied space to store all movable tiny homes offered and 1203
	1793	+	displayed for sale; and that the location is a suitable place in 1204
	1794	+	which the applicant can in good faith carry on business and keep 1205
	1795	+	and maintain books, records , and files necessary to conduct such 1206
	1796	+	business, which will be available at all reasonable hours to 1207
	1797	+	inspection by the department or any of its inspectors or other 1208
	1798	+	employees. 1209
	1799	+	(i) Certification by the applicant that the business of a 1210
	1800	+	movable tiny home deale r is the principal business that shall be 1211
	1801	+	conducted at that location; however, this paragraph does not 1212
	1802	+	apply to movable tiny home or mobile home park operators 1213
	1803	+	licensed as mobile home or movable tiny home dealers. 1214
	1804	+	(j) A statement that the applicant is in sured under a 1215
	1805	+	garage liability insurance policy, which shall include, at a 1216
	1806	+	minimum, $25,000 combined single -limit liability coverage, 1217
	1807	+	including bodily injury and property damage protection, and 1218
	1808	+	$10,000 personal injury protection, if the applicant is to be 1219
	1809	+	licensed as a dealer in, or intends to sell, movable tiny homes. 1220
	1810	+	However, a garage liability policy is not required for the 1221
	1811	+	licensure of a mobile home dealer who sells only park trailers. 1222
	1812	+	(k) A statement that the applicant for a movable tiny home 1223
	1813	+	license issued pursuant to this section has not and will not 1224
	1814	+	enter into any agreements, written or oral, with any other 1225
	1815	+
	1816	+	HB 321 2023
	1817	+
	1818	+
	1819	+
	1820	+	CODING: Words stricken are deletions; words underlined are additions.
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	1822	+	Page 50 of 88
	1823	+	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
	1824	+
	1825	+
	1826	+
	1827	+	person or business entity which would constitute an unfair or 1226
	1828	+	deceptive trade practice in violation of part II of chapter 501. 1227
	1829	+	(l) Such other relevant information as may be required by 1228
	1830	+	the department. Each applicant, general partner in the case of a 1229
	1831	+	partnership, or corporate officer and director in the case of a 1230
	1832	+	corporate applicant must file a set of fingerprints with the 1231
	1833	+	department for the pur pose of determining any prior criminal 1232
	1834	+	record or any outstanding warrants. The department shall submit 1233
	1835	+	the fingerprinting to the Department of Law Enforcement for 1234
	1836	+	state processing and forwarding to the Federal Bureau of 1235
	1837	+	Investigation for federal processing . The department may issue a 1236
	1838	+	license to an applicant pending the results of the fingerprint 1237
	1839	+	investigation, which license is fully revocable if the 1238
	1840	+	department subsequently determines that any facts set forth in 1239
	1841	+	the application are not true or correctly repr esented. 1240
	1842	+	1241
	1843	+	The department shall, if it deems necessary, cause an 1242
	1844	+	investigation to be made to ascertain whether the facts set 1243
	1845	+	forth in the application are true and shall not issue a license 1244
	1846	+	to the applicant until it is satisfied that the facts set forth 1245
	1847	+	in the application are true. 1246
	1848	+	(4) DENIAL OF LICENSE. —The department may deny any 1247
	1849	+	applicant a license on the ground that: 1248
	1850	+	(a) The applicant has made a material misstatement in the 1249
	1851	+	application for a license. 1250
	1852	+
	1853	+	HB 321 2023
	1854	+
	1855	+
	1856	+
	1857	+	CODING: Words stricken are deletions; words underlined are additions.
	1858	+	hb0321-00
	1859	+	Page 51 of 88
	1860	+	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
	1861	+
	1862	+
	1863	+
	1864	+	(b) The applicant has failed to comply with any applicable 1251
	1865	+	provision of this chapter. 1252
	1866	+	(c) The applicant has failed to provide warranty service. 1253
	1867	+	(d) The applicant or one or more of the applicant's 1254
	1868	+	principals or agents has violated any law, rule, or regulation 1255
	1869	+	relating to the sale of movable tiny home s. 1256
	1870	+	(e) The department has proof of unfitness of the 1257
	1871	+	applicant. 1258
	1872	+	(f) The applicant has engaged in previous conduct in any 1259
	1873	+	state which would have been a ground for revocation or 1260
	1874	+	suspension of a license in this state. 1261
	1875	+	(g) The applicant has violated any o f the provisions of 1262
	1876	+	the National Mobile Home Construction and Safety Standards Act 1263
	1877	+	of 1974 or any rule or regulation of the Department of Housing 1264
	1878	+	and Urban Development adopted thereunder. 1265
	1879	+	1266
	1880	+	Upon denial of a license, the department shall notify the 1267
	1881	+	applicant within 10 days, stating in writing its grounds for 1268
	1882	+	denial. The applicant is entitled to a public hearing and may 1269
	1883	+	request that such hearing be held within 45 days after denial of 1270
	1884	+	the license. All proceedings shall be pursuant to chapter 120. 1271
	1885	+	(5) LICENSE CERTIFICATE.—A license certificate shall be 1272
	1886	+	issued by the department in accordance with the application when 1273
	1887	+	the application is regular in form and in compliance with this 1274
	1888	+	section. The license certificate may be in the form of a 1275
	1889	+
	1890	+	HB 321 2023
	1891	+
	1892	+
	1893	+
	1894	+	CODING: Words stricken are deletions; words underlined are additions.
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	1896	+	Page 52 of 88
	1897	+	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
	1898	+
	1899	+
	1900	+
	1901	+	document or a computerized card as determined by the department. 1276
	1902	+	The license, when issued, shall entitle the licensee to carry on 1277
	1903	+	and conduct the business of a movable tiny home dealer at the 1278
	1904	+	location set forth in the license for 1 or 2 years from October 1279
	1905	+	1 preceding the date of iss uance. Each initial application 1280
	1906	+	received by the department shall be accompanied by verification 1281
	1907	+	that, within the preceding 6 months, the applicant or one or 1282
	1908	+	more of his or her designated employees has attended a training 1283
	1909	+	and information seminar conducted b y the department or by a 1284
	1910	+	public or private provider approved by the department. Such 1285
	1911	+	seminar shall include, but not be limited to, statutory dealer 1286
	1912	+	requirements, which requirements include required bookkeeping 1287
	1913	+	and recording procedures, requirements for the collection of 1288
	1914	+	sales and use taxes, and such other information that in the 1289
	1915	+	opinion of the department will promote good business practices. 1290
	1916	+	(6) SUPPLEMENTAL LICENSE. —A person licensed under this 1291
	1917	+	section shall be entitled to operate one or more additional 1292
	1918	+	places of business under a supplemental license for each such 1293
	1919	+	business if the ownership of each such business is identical to 1294
	1920	+	that of the principal business for which the original license is 1295
	1921	+	issued. Each supplemental license shall run concurrently with 1296
	1922	+	the original license and shall be issued upon application by the 1297
	1923	+	licensee on a form to be furnished by the department. Only one 1298
	1924	+	licensed dealer shall operate at the same place of business. A 1299
	1925	+	supplemental license authorizing off -premises sales shall be 1300
	1926	+
	1927	+	HB 321 2023
	1928	+
	1929	+
	1930	+
	1931	+	CODING: Words stricken are deletions; words underlined are additions.
	1932	+	hb0321-00
	1933	+	Page 53 of 88
	1934	+	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
	1935	+
	1936	+
	1937	+
	1938	+	issued, at no charge to the dealer, for up to 10 consecutive 1301
	1939	+	days. A licensed dealer who conducts an off -premises sale not in 1302
	1940	+	conjunction with a public vehicle show, as defined in s. 1303
	1941	+	320.3203(5)(c), shall: 1304
	1942	+	(a) Notify the applicable local department office of th e 1305
	1943	+	specific dates and location for which such license is requested. 1306
	1944	+	(b) Provide staff to work at the temporary location for 1307
	1945	+	the duration of the off -premises sale. 1308
	1946	+	(c) Meet all local government permit requirements. 1309
	1947	+	(d) Have the permission of the proper ty owner to operate 1310
	1948	+	at that location. 1311
	1949	+	(e) Conspicuously display a sign at the licensed location 1312
	1950	+	which clearly identifies the dealer's name and business address 1313
	1951	+	as listed on the dealer's original license. 1314
	1952	+	(f) Prominently include the dealer's name and bu siness 1315
	1953	+	address, as listed on the dealer's original license, in all 1316
	1954	+	advertisements associated with such sale. 1317
	1955	+	(7) LICENSE ENDORSEMENT. —A mobile home dealer licensed 1318
	1956	+	under s. 320.77 may apply to the department for authority to 1319
	1957	+	sell movable tiny homes. The mobile home dealer shall file an 1320
	1958	+	application required by this section and shall be governed by 1321
	1959	+	the licensing provisions contained in this section. Additional 1322
	1960	+	license fees or bond shall not be required for issuance of this 1323
	1961	+	endorsement to the mobile home dea ler's license. 1324
	1962	+	(8) RECORDS TO BE KEPT BY LICENSEE. —Each licensee shall 1325
	1963	+
	1964	+	HB 321 2023
	1965	+
	1966	+
	1967	+
	1968	+	CODING: Words stricken are deletions; words underlined are additions.
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	1970	+	Page 54 of 88
	1971	+	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
	1972	+
	1973	+
	1974	+
	1975	+	keep records in such form as shall be prescribed by the 1326
	1976	+	department. Such records shall include: 1327
	1977	+	(a) A record of the purchase, sale, or exchange, or 1328
	1978	+	receipt for the purpose of sale, of any movable tiny home. 1329
	1979	+	(b) The description of each such movable tiny home, 1330
	1980	+	including the identification or serial number and such other 1331
	1981	+	numbers or identification marks as may be thereon, and a 1332
	1982	+	statement that a number has been obliterated, defaced, or 1333
	1983	+	changed, if such fact is apparent. 1334
	1984	+	(c) The name and address of the seller, the purchaser, and 1335
	1985	+	the alleged owner or other person from whom the movable tiny 1336
	1986	+	home was purchased or received and the person to whom it was 1337
	1987	+	sold or delivered, as the case may be. 1338
	1988	+	(9) EVIDENCE OF TITLE REQUIRED. — 1339
	1989	+	(a) The licensee shall also have in his or her possession 1340
	1990	+	for each new movable tiny home a manufacturer's invoice or 1341
	1991	+	statement of origin. 1342
	1992	+	(b) For each used movable tiny home in the possession of a 1343
	1993	+	licensee and offered for sale by him or her, the licensee shall 1344
	1994	+	have in his or her possession or control a duly assigned 1345
	1995	+	certificate of title from the owner in accordance with chapter 1346
	1996	+	319, or a registration certificate if the used movable tiny home 1347
	1997	+	was previously registered in a nontitle state, from the time 1348
	1998	+	when the movable tiny home is delivered to the licensee and 1349
	1999	+	offered for sale by him or her until it has been disposed of by 1350
	2000	+
	2001	+	HB 321 2023
	2002	+
	2003	+
	2004	+
	2005	+	CODING: Words stricken are deletions; words underlined are additions.
	2006	+	hb0321-00
	2007	+	Page 55 of 88
	2008	+	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
	2009	+
	2010	+
	2011	+
	2012	+	the licensee, or shall have reasonable indicia of ownership or 1351
	2013	+	right of possession, or shall have made proper application for a 1352
	2014	+	certificate of title or duplicate certificate of title in 1353
	2015	+	accordance with chapter 319. A dealer may not sell or offer for 1354
	2016	+	sale a movable tiny home in his or her possession unless the 1355
	2017	+	dealer satisfies the requirements of this subsection. Reasonable 1356
	2018	+	indicia of ownership includes a duly assigned certificate of 1357
	2019	+	title; in the case of a new movable tiny home, a manufacturer's 1358
	2020	+	certificate of origin issued to or reassigned to the dealer; a 1359
	2021	+	consignment contract between the owner and th e dealer along with 1360
	2022	+	a secure power of attorney from the owner to the dealer 1361
	2023	+	authorizing the dealer to apply for a duplicate certificate of 1362
	2024	+	title and assign the title on behalf of the owner; a court order 1363
	2025	+	awarding title to the movable tiny home to the deale r; a salvage 1364
	2026	+	certificate of title; a photocopy of a duly assigned certificate 1365
	2027	+	of title being held by a financial institution as collateral for 1366
	2028	+	a business loan of money to the dealer ("floor plan"); a copy of 1367
	2029	+	a canceled check or other documentation evidenci ng that an 1368
	2030	+	outstanding lien on a movable tiny home taken in trade by a 1369
	2031	+	licensed dealer has been satisfied and that the certificate of 1370
	2032	+	title will be, but has not yet been, received by the dealer; or 1371
	2033	+	a vehicle purchase order or installment contract for a spe cific 1372
	2034	+	movable tiny home identifying that movable tiny home as a trade -1373
	2035	+	in on a replacement movable tiny home. 1374
	2036	+	(10) SETUP OPERATIONS. —Each licensee may perform setup 1375
	2037	+
	2038	+	HB 321 2023
	2039	+
	2040	+
	2041	+
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	2045	+	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
	2046	+
	2047	+
	2048	+
	2049	+	operations only as defined in s. 320.822(16), and the department 1376
	2050	+	shall provide by rule for the uniform application of all 1377
	2051	+	existing statutory provisions relating to licensing and setup 1378
	2052	+	operations. 1379
	2053	+	(11) PENALTY.—A violation of this section is a misdemeanor 1380
	2054	+	of the second degree, punishable as provided in s. 775.082 or s. 1381
	2055	+	775.083. 1382
	2056	+	(12) INJUNCTION.—In addition to the remedies provided in 1383
	2057	+	this chapter, and notwithstanding the existence of any adequate 1384
	2058	+	remedy at law, the department may make application to a circuit 1385
	2059	+	court of the state, and the circuit court shall have 1386
	2060	+	jurisdiction, upon a hearing an d for cause shown, to grant a 1387
	2061	+	temporary or permanent injunction restraining a person from 1388
	2062	+	acting as a movable tiny home dealer under this section who is 1389
	2063	+	not properly licensed or who violates or fails or refuses to 1390
	2064	+	comply with any of the provisions of chapt er 319 and this 1391
	2065	+	chapter or any rule or regulation adopted thereunder. Such 1392
	2066	+	injunction shall be issued without bond. A single act in 1393
	2067	+	violation of chapter 319 or this chapter shall be sufficient to 1394
	2068	+	authorize the issuance of an injunction. 1395
	2069	+	(13) SUSPENSION OR REVOCATION. —The department shall, as it 1396
	2070	+	deems necessary, suspend or revoke a license issued under this 1397
	2071	+	section upon a finding that the licensee violated any provision 1398
	2072	+	of this section or of any other law of this state having to do 1399
	2073	+	with dealing in movable tiny homes or perpetrated a fraud upon a 1400
	2074	+
	2075	+	HB 321 2023
	2076	+
	2077	+
	2078	+
	2079	+	CODING: Words stricken are deletions; words underlined are additions.
	2080	+	hb0321-00
	2081	+	Page 57 of 88
	2082	+	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
	2083	+
	2084	+
	2085	+
	2086	+	person as a result of such dealing in movable tiny homes. 1401
	2087	+	(14) ADMINISTRATIVE FINES. —In addition to the exercise of 1402
	2088	+	other powers provided in this section, the department may 1403
	2089	+	assess, impose, levy, and collect by legal process fines, in an 1404
	2090	+	amount not to exceed $1,000 for each violation, against a 1405
	2091	+	licensee if it finds that the licensee has violated any 1406
	2092	+	provision of this section or any other law of this state having 1407
	2093	+	to do with dealing in movable tiny homes. A licensee is entitled 1408
	2094	+	to a hearing pursuant to chapter 120 should the licensee wish to 1409
	2095	+	contest the fine levied, or about to be levied, upon him or her. 1410
	2096	+	(15) BOND.— 1411
	2097	+	(a) Before a license is issued or renewed, the applicant 1412
	2098	+	shall deliver to the de partment a good and sufficient surety 1413
	2099	+	bond, executed by the applicant as principal and by a surety 1414
	2100	+	company qualified to do business in the state as surety. The 1415
	2101	+	bond shall be in a form to be approved by the department and 1416
	2102	+	shall be conditioned upon the deale r's complying with the 1417
	2103	+	conditions of any written contract made by that dealer in 1418
	2104	+	connection with the sale, exchange, or improvement of any 1419
	2105	+	movable tiny home and his or her not violating any of the 1420
	2106	+	provisions of chapter 319 or this chapter in the conduct of the 1421
	2107	+	business for which he or she is licensed. The bond shall be to 1422
	2108	+	the department and in favor of any retail customer who suffers 1423
	2109	+	any loss as a result of any violation of the conditions 1424
	2110	+	hereinabove contained. The bond shall be for the license period, 1425
	2111	+
	2112	+	HB 321 2023
	2113	+
	2114	+
	2115	+
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	2119	+	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
	2120	+
	2121	+
	2122	+
	2123	+	and a new bond or a proper continuation certificate shall be 1426
	2124	+	delivered to the department at the beginning of each license 1427
	2125	+	period. However, the aggregate liability of the surety in any 1428
	2126	+	one license year shall in no event exceed the sum of such bond. 1429
	2127	+	The amount of the bond required shall be as follows: 1430
	2128	+	1. A single dealer who buys, sells, or deals in movable 1431
	2129	+	tiny homes and has four or fewer supplemental licenses shall 1432
	2130	+	provide a surety bond in the amount of $10,000. 1433
	2131	+	2. A single dealer who buys, sells, or deals i n movable 1434
	2132	+	tiny homes and has more than four supplemental licenses shall 1435
	2133	+	provide a surety bond in the amount of $20,000. 1436
	2134	+	1437
	2135	+	For purposes of this paragraph, a person who buys, sells, or 1438
	2136	+	deals in both mobile homes and movable tiny homes shall provide 1439
	2137	+	the same surety bond required of dealers who buy, sell, or deal 1440
	2138	+	in mobile homes only. 1441
	2139	+	(b) The department shall, upon denial, suspension, or 1442
	2140	+	revocation of a license, notify the surety company of the 1443
	2141	+	licensee, in writing, that the license has been denied, 1444
	2142	+	suspended, or revoked and shall state the reason for such 1445
	2143	+	denial, suspension, or revocation. 1446
	2144	+	(c) A surety company that pays a claim against the bond of 1447
	2145	+	a licensee shall notify the department, in writing, that it has 1448
	2146	+	paid such a claim and shall state the amount of the claim. 1449
	2147	+	(d) A surety company that cancels the bond of a licensee 1450
	2148	+
	2149	+	HB 321 2023
	2150	+
	2151	+
	2152	+
	2153	+	CODING: Words stricken are deletions; words underlined are additions.
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	2156	+	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
	2157	+
	2158	+
	2159	+
	2160	+	shall notify the department, in writing, of such cancellation 1451
	2161	+	and shall state the reason for the cancellation. 1452
	2162	+	(16) PROHIBITED COMMISSION SHARING. —In accordance with s. 1453
	2163	+	626.753, a dealer or movable tiny home broker, as defined in 1454
	2164	+	this section, who is not a licensed insurance agent may not 1455
	2165	+	share in the commission on the sale of insurance coverage on the 1456
	2166	+	types of movable tiny homes defined in s. 320.01(46) by the 1457
	2167	+	creation of a foreign par tnership, corporation, or other entity 1458
	2168	+	that is controlled by a person or entity not licensed as an 1459
	2169	+	insurance agent. 1460
	2170	+	Section 37. Section 320.781, Florida Statutes, is amended 1461
	2171	+	to read: 1462
	2172	+	320.781 Mobile Home , Movable Tiny Home, and Recreational 1463
	2173	+	Vehicle Protection Trust Fund. — 1464
	2174	+	(1) There is hereby established a Mobile Home , Movable 1465
	2175	+	Tiny Home, and Recreational Vehicle Protection Trust Fund. The 1466
	2176	+	trust fund shall be administered and managed by the Department 1467
	2177	+	of Highway Safety and Motor Vehicles. The expenses incurred by 1468
	2178	+	the department in administering this section shall be paid only 1469
	2179	+	from appropriations made from the trust fund. 1470
	2180	+	(2) Beginning October 1, 1990, The department shall charge 1471
	2181	+	and collect an additional fee of $1 for each new mobile home , 1472
	2182	+	new movable tiny home, and new recreational vehicle title 1473
	2183	+	transaction for which it charges a fee. This additional fee 1474
	2184	+	shall be deposited into the trust fund. The Department of 1475
	2185	+
	2186	+	HB 321 2023
	2187	+
	2188	+
	2189	+
	2190	+	CODING: Words stricken are deletions; words underlined are additions.
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	2193	+	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
	2194	+
	2195	+
	2196	+
	2197	+	Highway Safety and Motor Vehicles shall charge a fee of $40 per 1476
	2198	+	annual dealer and manufactu rer license and license renewal, 1477
	2199	+	which shall be deposited into the trust fund. The sums deposited 1478
	2200	+	in the trust fund shall be used exclusively for carrying out the 1479
	2201	+	purposes of this section. These sums may be invested and 1480
	2202	+	reinvested by the Chief Financial Of ficer under the same 1481
	2203	+	limitations as apply to investment of other state funds, with 1482
	2204	+	all interest from these investments deposited to the credit of 1483
	2205	+	the trust fund. 1484
	2206	+	(3) The trust fund shall be used to satisfy any judgment 1485
	2207	+	or claim by any person, as provided by this section, against a 1486
	2208	+	mobile home, movable tiny home, or recreational vehicle dealer 1487
	2209	+	or broker for damages, restitution, or expenses, including 1488
	2210	+	reasonable attorney attorney's fees, resulting from a cause of 1489
	2211	+	action directly related to the conditions o f any written 1490
	2212	+	contract made by him or her in connection with the sale, 1491
	2213	+	exchange, or improvement of any mobile home , movable tiny home, 1492
	2214	+	or recreational vehicle, or for any violation of chapter 319 or 1493
	2215	+	this chapter. 1494
	2216	+	(4) The trust fund shall not be liable fo r any judgment, 1495
	2217	+	or part thereof, resulting from any tort claim except as 1496
	2218	+	expressly provided in subsection (3), nor for any punitive, 1497
	2219	+	exemplary, double, or treble damages. A person, the state, or 1498
	2220	+	any political subdivision thereof may recover against the mob ile 1499
	2221	+	home, movable tiny home, or recreational vehicle dealer, broker, 1500
	2222	+
	2223	+	HB 321 2023
	2224	+
	2225	+
	2226	+
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	2230	+	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
	2231	+
	2232	+
	2233	+
	2234	+	or surety, jointly and severally, for such damages, restitution, 1501
	2235	+	or expenses.; provided, However, that in no event shall the 1502
	2236	+	trust fund or the surety shall not be liable for an amount in 1503
	2237	+	excess of actual damages, restitution, or expenses. 1504
	2238	+	(5) Subject to the limitations and requirements of this 1505
	2239	+	section, the trust fund shall be used by the department to 1506
	2240	+	compensate persons who have unsatisfied judgments, or in certain 1507
	2241	+	limited circumstances unsatisfied claims, against a mobile home , 1508
	2242	+	movable tiny home, or recreational vehicle dealer or broker. The 1509
	2243	+	following conditions must exist for a person to be eligible to 1510
	2244	+	file a claim against the trust fund: 1511
	2245	+	(a) The claimant has obtained a final judgment that is 1512
	2246	+	unsatisfied against the mobile home , movable tiny home, or 1513
	2247	+	recreational vehicle dealer or broker or its surety jointly and 1514
	2248	+	severally, or against the mobile home or movable tiny home 1515
	2249	+	dealer or broker only, if the court found that the surety was 1516
	2250	+	not liable due to prior payment of valid claims against the bond 1517
	2251	+	in an amount equal to, or greater than, the face amount of the 1518
	2252	+	applicable bond; or the claimant is prohibited from filing a 1519
	2253	+	claim in a lawsuit because a bankruptcy proceeding is pending by 1520
	2254	+	the dealer or broker, and the claimant has filed a claim in that 1521
	2255	+	bankruptcy proceeding; or the dealer or broker has closed his or 1522
	2256	+	her business and cannot be found or located within the 1523
	2257	+	jurisdiction of the state; and 1524
	2258	+	(b) A claim has been made in a lawsuit agai nst the surety 1525
	2259	+
	2260	+	HB 321 2023
	2261	+
	2262	+
	2263	+
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	2267	+	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
	2268	+
	2269	+
	2270	+
	2271	+	and a judgment obtained is unsatisfied; a claim has been made in 1526
	2272	+	a lawsuit against the surety which has been stayed or discharged 1527
	2273	+	in a bankruptcy proceeding; or a claimant is prohibited from 1528
	2274	+	filing a claim in a lawsuit because a bankruptcy p roceeding is 1529
	2275	+	pending by surety or the surety is not liable due to the prior 1530
	2276	+	payment of valid claims against the bond in an amount equal to, 1531
	2277	+	or greater than, the face amount of the applicable bond. 1532
	2278	+	However, a claimant may not recover against the trust fund if 1533
	2279	+	the claimant has recovered from the surety an amount that is 1534
	2280	+	equal to or greater than the total loss. 1535
	2281	+	(6) In order to recover from the trust fund, the person 1536
	2282	+	must file an application and verified claim with the department. 1537
	2283	+	(a) If the claimant has ob tained a judgment that is 1538
	2284	+	unsatisfied against the mobile home , movable tiny home, or 1539
	2285	+	recreational vehicle dealer or broker or its surety as set forth 1540
	2286	+	in this section, the verified claim must specify the following: 1541
	2287	+	1.a. That the judgment against the mobil e home, movable 1542
	2288	+	tiny home, or recreational vehicle dealer or broker and its 1543
	2289	+	surety has been entered; or 1544
	2290	+	b. That the judgment against the mobile home , movable tiny 1545
	2291	+	home, or recreational vehicle dealer or broker contains a 1546
	2292	+	specific finding that the surety has no liability, that 1547
	2293	+	execution has been returned unsatisfied, and that a judgment 1548
	2294	+	lien has been perfected; 1549
	2295	+	2. The amount of actual damages broken down by category as 1550
	2296	+
	2297	+	HB 321 2023
	2298	+
	2299	+
	2300	+
	2301	+	CODING: Words stricken are deletions; words underlined are additions.
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	2304	+	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
	2305	+
	2306	+
	2307	+
	2308	+	awarded by the court or jury in the cause which resulted in the 1551
	2309	+	unsatisfied judgment, and the amount of attorney attorney's fees 1552
	2310	+	set forth in the unsatisfied judgment; 1553
	2311	+	3. The amount of payment or other consideration received, 1554
	2312	+	if any, from the mobile home , movable tiny home, or recreational 1555
	2313	+	vehicle dealer or broker or its surety; 1556
	2314	+	4. The amount that may be realized, if any, from the sale 1557
	2315	+	of real or personal property or other assets of the judgment 1558
	2316	+	debtor liable to be sold or applied in satisfaction of the 1559
	2317	+	judgment and the balance remaining due on the judgment after 1560
	2318	+	application of the amoun t which has been realized and a 1561
	2319	+	certification that the claimant has made a good faith effort to 1562
	2320	+	collect the judgment; 1563
	2321	+	5. An assignment by the claimant of rights, title, or 1564
	2322	+	interest in the unsatisfied judgment lien to the department; and 1565
	2323	+	6. Such other information as the department requires. 1566
	2324	+	(b) If the claimant has alleged a claim as set forth in 1567
	2325	+	paragraph (5)(a) and for the reasons set forth therein has not 1568
	2326	+	been able to secure a judgment, the verified claim must contain 1569
	2327	+	the following: 1570
	2328	+	1. A true copy of the pleadings in the lawsuit that was 1571
	2329	+	stayed or discharged by the bankruptcy court and the order of 1572
	2330	+	the bankruptcy court staying those proceedings or a true copy of 1573
	2331	+	the claim that was filed in the bankruptcy court proceedings; 1574
	2332	+	2. Allegations of the a cts or omissions by the mobile 1575
	2333	+
	2334	+	HB 321 2023
	2335	+
	2336	+
	2337	+
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	2341	+	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
	2342	+
	2343	+
	2344	+
	2345	+	home, movable tiny home, or recreational vehicle dealer or 1576
	2346	+	broker setting forth the specific acts or omissions complained 1577
	2347	+	of which resulted in actual damage to the person, along with the 1578
	2348	+	actual dollar amount necessary to reim burse or compensate the 1579
	2349	+	person for costs or expenses resulting from the acts or 1580
	2350	+	omissions of which the person complained; 1581
	2351	+	3. True copies of all purchase agreements, notices, 1582
	2352	+	service or repair orders or papers or documents of any kind 1583
	2353	+	whatsoever which the person received in connection with the 1584
	2354	+	purchase, exchange, or lease -purchase of the mobile home , 1585
	2355	+	movable tiny home, or recreational vehicle from which the 1586
	2356	+	person's cause of action arises; 1587
	2357	+	4. An assignment by the claimant of rights, title, or 1588
	2358	+	interest in the claim to the department; and 1589
	2359	+	5. Such other information as the department requires. 1590
	2360	+	(c) The department may require such proof as it deems 1591
	2361	+	necessary to document the matters set forth in the claim. 1592
	2362	+	(7) Within 90 days after receipt of the applicatio n and 1593
	2363	+	verified claim, the department shall issue its determination on 1594
	2364	+	the claim. Such determination shall not be subject to the 1595
	2365	+	provisions of chapter 120, but shall be reviewable only by writ 1596
	2366	+	of certiorari in the circuit court in the county in which the 1597
	2367	+	claimant resides in the manner and within the time provided by 1598
	2368	+	the Florida Rules of Appellate Procedure. The claim must be paid 1599
	2369	+	within 45 days after the determination , or, if judicial review 1600
	2370	+
	2371	+	HB 321 2023
	2372	+
	2373	+
	2374	+
	2375	+	CODING: Words stricken are deletions; words underlined are additions.
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	2378	+	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
	2379	+
	2380	+
	2381	+
	2382	+	is sought, within 45 days after the review becomes final. A 1601
	2383	+	person may not be paid an amount from the fund in excess of 1602
	2384	+	$25,000 per mobile home , movable tiny home, or recreational 1603
	2385	+	vehicle, which includes any damages, restitution, payments 1604
	2386	+	received as the result of a claim against the surety bond, or 1605
	2387	+	expenses, including re asonable attorney attorney's fees. Before 1606
	2388	+	Prior to payment, the person must execute an assignment to the 1607
	2389	+	department of all the person's rights and title to, and interest 1608
	2390	+	in, the unsatisfied judgment and judgment lien or the claim 1609
	2391	+	against the dealer or brok er and its surety. 1610
	2392	+	(8) The department, in its discretion and where feasible, 1611
	2393	+	may try to recover from the mobile home , movable tiny home, or 1612
	2394	+	recreational vehicle dealer or broker, or the judgment debtor or 1613
	2395	+	its surety, all sums paid to persons from the tru st fund. Any 1614
	2396	+	sums recovered shall be deposited to the credit of the trust 1615
	2397	+	fund. The department shall be awarded a reasonable attorney 1616
	2398	+	attorney's fee for all actions taken to recover any sums paid to 1617
	2399	+	persons from the trust fund pursuant to this section. 1618
	2400	+	(9) This section does not apply to any claim, and a person 1619
	2401	+	may not recover against the trust fund as the result of any 1620
	2402	+	claim, against a mobile home , movable tiny home, or recreational 1621
	2403	+	vehicle dealer or broker resulting from a cause of action 1622
	2404	+	directly related to the sale, lease -purchase, exchange, 1623
	2405	+	brokerage, or installation of a mobile home , movable tiny home, 1624
	2406	+	or recreational vehicle before prior to July 1, 2006. 1625
	2407	+
	2408	+	HB 321 2023
	2409	+
	2410	+
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	2415	+	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
	2416	+
	2417	+
	2418	+
	2419	+	(10) Neither the department , nor the trust fund shall be 1626
	2420	+	liable to any person for recovery if t he trust fund does not 1627
	2421	+	have the moneys necessary to pay amounts claimed. If the trust 1628
	2422	+	fund does not have sufficient assets to pay the claimant, it 1629
	2423	+	shall log the time and date of its determination for payment to 1630
	2424	+	a claimant. If moneys become available, the d epartment shall pay 1631
	2425	+	the claimant whose unpaid claim is the earliest by time and date 1632
	2426	+	of determination. 1633
	2427	+	(11) A It is unlawful for any person or his or her agent 1634
	2428	+	may not to file a any notice, statement, or other document 1635
	2429	+	required under this section which i s false or contains any 1636
	2430	+	material misstatement of fact. A Any person who violates this 1637
	2431	+	subsection commits is guilty of a misdemeanor of the second 1638
	2432	+	degree, punishable as provided in s. 775.082 or s. 775.083. 1639
	2433	+	Section 38. Section 320.822, Florida Statutes, is amended 1640
	2434	+	to read: 1641
	2435	+	320.822 Definitions; ss. 320.822 -320.862.—In construing 1642
	2436	+	ss. 320.822-320.862, unless the context otherwise requires, the 1643
	2437	+	following words or phrases have the following meanings: 1644
	2438	+	(1) "Buyer" means a person who purchases at retail from a 1645
	2439	+	dealer or manufacturer a mobile home , movable tiny home, or 1646
	2440	+	recreational vehicle for his or her own use as a residence , or 1647
	2441	+	other related use. 1648
	2442	+	(2) "Code" means the appropriate standards found in: 1649
	2443	+	(a) The Federal Manufactured Housing Construction and 1650
	2444	+
	2445	+	HB 321 2023
	2446	+
	2447	+
	2448	+
	2449	+	CODING: Words stricken are deletions; words underlined are additions.
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	2452	+	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
	2453	+
	2454	+
	2455	+
	2456	+	Safety Standards for single -family mobile homes, adopted 1651
	2457	+	promulgated by the Department of Housing and Urban Development; 1652
	2458	+	(b) The Uniform Standards Code approved by the American 1653
	2459	+	National Standards Institute, ANSI A -119.2 for recreational 1654
	2460	+	vehicles and ANSI A-119.5 for park trailers or the United States 1655
	2461	+	Department of Housing and Urban Development standard for park 1656
	2462	+	trailers certified as meeting that standard; or 1657
	2463	+	(c) The Mobile and Manufactured Home Repair and Remodeling 1658
	2464	+	Code and the Used Recreational Vehicl e Code; or 1659
	2465	+	(d) Code requirements specified in s. 320.82315 for 1660
	2466	+	movable tiny homes and certified to meet those standards . 1661
	2467	+	(3) "Construction" means the minimum requirements for 1662
	2468	+	materials, products, equipment, and workmanship needed to ensure 1663
	2469	+	assure that the mobile home, movable tiny home, or recreational 1664
	2470	+	vehicle will provide structural strength and rigidity; 1665
	2471	+	protection against corrosion, decay, and other similar 1666
	2472	+	destructive forces; resistance to the elements; and durability 1667
	2473	+	and economy of maintenance. 1668
	2474	+	(4) "Institute" means the United States of America 1669
	2475	+	Standards Institute. 1670
	2476	+	(5) "Length," for purposes of transportation only, means 1671
	2477	+	the distance from the extreme front of the mobile home , movable 1672
	2478	+	tiny home, or recreational vehicle, to the extreme rear, 1673
	2479	+	including the drawbar and coupling mechanism, but not including 1674
	2480	+	expandable features that do not project from the body during 1675
	2481	+
	2482	+	HB 321 2023
	2483	+
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	2490	+
	2491	+
	2492	+
	2493	+	transportation. 1676
	2494	+	(6) "Length of a mobile home or movable tiny home " means 1677
	2495	+	the distance from the exterior of the front wall (nearest to the 1678
	2496	+	drawbar and coupling mechanism) to the exterior of the rear wall 1679
	2497	+	(at the opposite end of the home) where such walls enclose 1680
	2498	+	living or other interior space and such distance includes 1681
	2499	+	expandable rooms but not bay windows, porches, drawbars, 1682
	2500	+	couplings, hitches, wall and roof extensions, or other 1683
	2501	+	attachments. 1684
	2502	+	(7) "Licensee" means a any person licensed or required to 1685
	2503	+	be licensed under s. 320.8225. 1686
	2504	+	(8) "Mobile home dealer" means a any person engaged in the 1687
	2505	+	business of buying, selling, or dealing in mobile homes or 1688
	2506	+	offering or displaying mobile homes for sale. A Any person who 1689
	2507	+	buys, sells, or deals in one or more mobile homes in any 12 -1690
	2508	+	month period or who offers or displays for sale one or more 1691
	2509	+	mobile homes in any 12 -month period shall be prima facie 1692
	2510	+	presumed to be engaged in the business of a mobile home dealer. 1693
	2511	+	The terms "selling" and "sale" include lease -purchase 1694
	2512	+	transactions. The term "mobile home dealer" does not include a 1695
	2513	+	bank, credit union, or finance company that acquires mobile 1696
	2514	+	homes as an incident to its regular business, does not include a 1697
	2515	+	mobile home rental or leasing company that sells mobile homes to 1698
	2516	+	mobile home dealers licensed under s. 320.77, and does not 1699
	2517	+	include persons who are selling their own mobile homes. 1700
	2518	+
	2519	+	HB 321 2023
	2520	+
	2521	+
	2522	+
	2523	+	CODING: Words stricken are deletions; words underlined are additions.
	2524	+	hb0321-00
	2525	+	Page 69 of 88
	2526	+	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
	2527	+
	2528	+
	2529	+
	2530	+	(9) "Movable tiny home dealer" means a person engaged in 1701
	2531	+	the business of buying, selling, or dealing in movable tiny 1702
	2532	+	homes or offering or displaying movable tiny homes for sale. The 1703
	2533	+	term "dealer" includes a movable tiny home broker. A person who 1704
	2534	+	buys, sells, deals in, or offers or disp lays for sale, or who 1705
	2535	+	acts as the agent for the sale of, one or more movable tiny 1706
	2536	+	homes in any 12-month period shall be prima facie presumed to be 1707
	2537	+	a dealer. The terms "selling" and "sale" include lease -purchase 1708
	2538	+	transactions. The term "dealer" does not incl ude banks, credit 1709
	2539	+	unions, and finance companies that acquire movable tiny homes as 1710
	2540	+	an incident to their regular business and does not include 1711
	2541	+	mobile home rental and leasing companies that sell movable tiny 1712
	2542	+	homes to dealers licensed under s. 320.772. 1713
	2543	+	(10)(9) "Recreational vehicle dealer" means a any person 1714
	2544	+	engaged in the business of buying, selling, or dealing in 1715
	2545	+	recreational vehicles or offering or displaying recreational 1716
	2546	+	vehicles for sale. The term "dealer" includes a recreational 1717
	2547	+	vehicle broker. A Any person who buys, sells, deals in, or 1718
	2548	+	offers or displays for sale, or who acts as the agent for the 1719
	2549	+	sale of, one or more recreational vehicles in any 12 -month 1720
	2550	+	period shall be prima facie presumed to be a dealer. The terms 1721
	2551	+	"selling" and "sale" include lease -purchase transactions. The 1722
	2552	+	term "dealer" does not include banks, credit unions, and finance 1723
	2553	+	companies that acquire recreational vehicles as an incident to 1724
	2554	+	their regular business and does not include mobile home rental 1725
	2555	+
	2556	+	HB 321 2023
	2557	+
	2558	+
	2559	+
	2560	+	CODING: Words stricken are deletions; words underlined are additions.
	2561	+	hb0321-00
	2562	+	Page 70 of 88
	2563	+	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
	2564	+
	2565	+
	2566	+
	2567	+	and leasing companies that sell recrea tional vehicles to dealers 1726
	2568	+	licensed under s. 320.771. 1727
	2569	+	(11)(10) "Mobile home manufacturer" means a any person, 1728
	2570	+	resident or nonresident, who, as a trade or commerce, 1729
	2571	+	manufactures or assembles mobile homes. 1730
	2572	+	(12) "Movable tiny home manufacturer" means a person, 1731
	2573	+	resident or nonresident, who, as a trade or commerce, 1732
	2574	+	manufactures or assembles movable tiny homes in such manner that 1733
	2575	+	they then qualify as movable tiny homes for sale in this state. 1734
	2576	+	(13)(11) "Recreational vehicle manufacturer" means a any 1735
	2577	+	person, resident or nonresident, who, as a trade or commerce, 1736
	2578	+	manufactures or assembles recreational vehicles or van -type 1737
	2579	+	vehicles in such manner that they then qualify as recreational 1738
	2580	+	vehicles, for sale in this state. 1739
	2581	+	(14)(12) "Responsible party" means a manu facturer, dealer, 1740
	2582	+	or supplier. 1741
	2583	+	(15)(13) "Seal" or "label" means a device issued by the 1742
	2584	+	department certifying that a mobile home , movable tiny home, or 1743
	2585	+	recreational vehicle meets the appropriate code, which device is 1744
	2586	+	to be displayed on the exterior of the mobile home, movable tiny 1745
	2587	+	home, or recreational vehicle. 1746
	2588	+	(16)(14) "Setup" or "installation" means the operations 1747
	2589	+	performed at the occupancy site which render a mobile home , 1748
	2590	+	movable tiny home, or park trailer fit for habitation. Such 1749
	2591	+	operations include, but are not limited to, transporting; 1750
	2592	+
	2593	+	HB 321 2023
	2594	+
	2595	+
	2596	+
	2597	+	CODING: Words stricken are deletions; words underlined are additions.
	2598	+	hb0321-00
	2599	+	Page 71 of 88
	2600	+	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
	2601	+
	2602	+
	2603	+
	2604	+	positioning; blocking; leveling, supporting, installing 1751
	2605	+	foundation products, components, and systems; connecting utility 1752
	2606	+	systems; making minor adjustments; or assembling multiple or 1753
	2607	+	expandable units. 1754
	2608	+	(17)(15) "Substantial defect" means: 1755
	2609	+	(a) A Any substantial deficiency or defect in materials or 1756
	2610	+	workmanship occurring to a mobile home , movable tiny home, or 1757
	2611	+	recreational vehicle which has been reasonably maintained and 1758
	2612	+	cared for in normal use. 1759
	2613	+	(b) A Any structural element, utility system, or component 1760
	2614	+	of the mobile home, movable tiny home, or recreational vehicle , 1761
	2615	+	which fails to comply with the code. 1762
	2616	+	(18)(16) "Supplier" means the original producer of 1763
	2617	+	completed components, including refrigerators, stoves, hot water 1764
	2618	+	heaters, dishwashers, cabinets, air conditioners, heating units, 1765
	2619	+	and similar components, which are furnished to a manufacturer or 1766
	2620	+	dealer for installation in the mobile home , movable tiny home, 1767
	2621	+	or recreational vehicle before prior to sale to a buyer. 1768
	2622	+	(19)(17) "Width of a mobile home or movable tiny home " 1769
	2623	+	means the distance from the exterior of one side wall to the 1770
	2624	+	exterior of the opposite side wall where such walls enclose 1771
	2625	+	living or other interior space and such distance includes 1772
	2626	+	expandable rooms but not ba y windows, porches, wall and roof 1773
	2627	+	extensions, or other attachments. 1774
	2628	+	(20)(18) "Body size" of a movable tiny home, park trailer, 1775
	2629	+
	2630	+	HB 321 2023
	2631	+
	2632	+
	2633	+
	2634	+	CODING: Words stricken are deletions; words underlined are additions.
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	2637	+	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
	2638	+
	2639	+
	2640	+
	2641	+	travel trailer, or fifth -wheel trailer means the distance from 1776
	2642	+	the exterior side or end to the opposite exterior side or end of 1777
	2643	+	the body. Such distance includes expandable rooms, bay windows, 1778
	2644	+	wall and roof extensions, or other extrusions in the travel 1779
	2645	+	mode. The following exceptions apply: 1780
	2646	+	(a) Travel trailers may shall not exceed 320 square feet. 1781
	2647	+	All square footage measurements a re of the exterior when in 1782
	2648	+	setup mode, including bay windows. 1783
	2649	+	(b) Park trailers constructed to ANSI A -119.5 may shall 1784
	2650	+	not exceed 400 square feet. Park trailers constructed to the 1785
	2651	+	United States Department of Housing and Urban Development 1786
	2652	+	standard may shall not exceed 500 square feet. All square 1787
	2653	+	footage measurements are of the exterior when in setup mode and 1788
	2654	+	do not include bay windows. 1789
	2655	+	(c) Fifth-wheel trailers may not exceed 400 square feet. 1790
	2656	+	All square footage measurements are of the exterior when in 1791
	2657	+	setup mode, including bay windows. 1792
	2658	+	(d) Movable tiny homes constructed to code requirements 1793
	2659	+	specified in s. 320.82315 may not exceed 400 square feet. 1794
	2660	+	Movable tiny homes constructed to the United States Department 1795
	2661	+	of Housing and Urban Development standard may not exceed 500 1796
	2662	+	square feet. All square footage measurements are of the exterior 1797
	2663	+	when in setup mode and do not include bay windows. 1798
	2664	+	Section 39. Subsection (1), paragraph (b) of subsection 1799
	2665	+	(5), and subsections (6), (7), and (8) of section 320.8225, 1800
	2666	+
	2667	+	HB 321 2023
	2668	+
	2669	+
	2670	+
	2671	+	CODING: Words stricken are deletions; words underlined are additions.
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	2674	+	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
	2675	+
	2676	+
	2677	+
	2678	+	Florida Statutes, are amended to read: 1801
	2679	+	320.8225 Mobile home , movable tiny home, and recreational 1802
	2680	+	vehicle manufacturer, distributor, and importer license. — 1803
	2681	+	(1) LICENSE REQUIRED. —A Any person who engages in the 1804
	2682	+	business of a mobile home manufacturer , a movable tiny home 1805
	2683	+	manufacturer, or a recreational vehicle manufacturer, 1806
	2684	+	distributor, or importer in this state, or who manufactures 1807
	2685	+	mobile homes, movable tiny homes, or recreational vehicles out 1808
	2686	+	of state which are ultimately offered for sale in this state, 1809
	2687	+	shall obtain annually a license for each factory location in 1810
	2688	+	this state and for each factory location out of state which 1811
	2689	+	manufactures mobile homes , movable tiny homes, or recreational 1812
	2690	+	vehicles for sale in this state before, prior to distributing or 1813
	2691	+	importing mobile homes, movable tiny homes, or recreational 1814
	2692	+	vehicles for sale in this state. 1815
	2693	+	(5) REQUIREMENT OF ASSURANCE. — 1816
	2694	+	(b) Annually, before prior to the receipt of a license to 1817
	2695	+	manufacture, distribute, or import recreational vehicles or 1818
	2696	+	movable tiny homes, the applicant or licensee shall submit a 1819
	2697	+	surety bond, or a proper continuation certificate, sufficient to 1820
	2698	+	assure satisfaction of claims against the licensee for failure 1821
	2699	+	to comply with appropriate code standards, failure to provide 1822
	2700	+	warranty service, or vi olation of any provisions of this 1823
	2701	+	section. The amount of the surety bond must be $10,000 per year. 1824
	2702	+	The surety bond must be to the department, in favor of any 1825
	2703	+
	2704	+	HB 321 2023
	2705	+
	2706	+
	2707	+
	2708	+	CODING: Words stricken are deletions; words underlined are additions.
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	2711	+	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
	2712	+
	2713	+
	2714	+
	2715	+	retail customer who suffers loss arising out of noncompliance 1826
	2716	+	with code standards or failure to ho nor or provide warranty 1827
	2717	+	service. The department may disapprove any bond that does not 1828
	2718	+	provide assurance as provided in this section. Within 10 1829
	2719	+	calendar days after any renewal or continuation of or material 1830
	2720	+	change in such surety bond or issuance of a new su rety bond, a 1831
	2721	+	licensee shall deliver to the department, in a manner prescribed 1832
	2722	+	by the department, a copy of such renewed, continued, changed, 1833
	2723	+	or new surety bond. 1834
	2724	+	(6) LICENSE PERIOD. —A license issued to a mobile home 1835
	2725	+	manufacturer, a movable tiny home manuf acturer, or a 1836
	2726	+	recreational vehicle manufacturer, distributor, or importer 1837
	2727	+	entitles the licensee to conduct business for a period of 1 or 2 1838
	2728	+	years beginning October 1 preceding the date of issuance. 1839
	2729	+	(7) DENIAL OF LICENSE. —The department may deny a mobile 1840
	2730	+	home manufacturer, a movable tiny home manufacturer, or a 1841
	2731	+	recreational vehicle manufacturer, distributor, or importer 1842
	2732	+	license on the ground that: 1843
	2733	+	(a) The applicant has made a material misstatement in his 1844
	2734	+	or her application for a license. 1845
	2735	+	(b) The applicant has failed to comply with any applicable 1846
	2736	+	provision of this chapter. 1847
	2737	+	(c) The applicant has failed to provide warranty service. 1848
	2738	+	(d) The applicant or one or more of his or her principals 1849
	2739	+	or agents has violated any law, rule, or regulation relating to 1850
	2740	+
	2741	+	HB 321 2023
	2742	+
	2743	+
	2744	+
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	2748	+	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
	2749	+
	2750	+
	2751	+
	2752	+	the manufacture or sale of mobile homes , movable tiny homes, or 1851
	2753	+	recreational vehicles. 1852
	2754	+	(e) The department has proof of the unfitness of the 1853
	2755	+	applicant. 1854
	2756	+	(f) The applicant or licensee has engaged in previous 1855
	2757	+	conduct in any state which would have been a gro und for 1856
	2758	+	revocation or suspension of a license in this state. 1857
	2759	+	(g) The applicant or licensee has violated any provision 1858
	2760	+	of the National Mobile Home Construction and Safety Standards 1859
	2761	+	Act of 1974 or any related rule or regulation adopted by the 1860
	2762	+	Department of Housing and Urban Development. 1861
	2763	+	1862
	2764	+	Upon denial of a license, the department shall notify the 1863
	2765	+	applicant within 10 days, stating in writing its grounds for 1864
	2766	+	denial. The applicant is entitled to an administrative hearing 1865
	2767	+	and may request that such hearing be held within 45 days after 1866
	2768	+	of denial of the license. All proceedings must be pursuant to 1867
	2769	+	chapter 120. 1868
	2770	+	(8) REVOCATION OR SUSPENSION OF LICENSE. —The department 1869
	2771	+	shall suspend or, in the case of a subsequent offense, shall 1870
	2772	+	revoke a any license upon a finding that the licensee violated 1871
	2773	+	any provision of this chapter or any other law of this state 1872
	2774	+	regarding the manufacture, warranty, or sale of mobile homes , 1873
	2775	+	movable tiny homes, or recreational vehicles. The department may 1874
	2776	+	reinstate the license if it finds that the fo rmer licensee has 1875
	2777	+
	2778	+	HB 321 2023
	2779	+
	2780	+
	2781	+
	2782	+	CODING: Words stricken are deletions; words underlined are additions.
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	2785	+	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
	2786	+
	2787	+
	2788	+
	2789	+	complied with all applicable requirements of this chapter and an 1876
	2790	+	application for a license is refiled pursuant to this section. 1877
	2791	+	Section 40. Section 320.82315, Florida Statutes, is 1878
	2792	+	created to read: 1879
	2793	+	320.82315 Establishment of uniform standards for movable 1880
	2794	+	tiny homes.— 1881
	2795	+	(1) Each movable tiny home, as defined in s. 320.01(46), 1882
	2796	+	manufactured in this state or manufactured outside this state 1883
	2797	+	but sold or offered for sale in this state shall meet the 1884
	2798	+	Uniform Standards Code ANSI book A -119.2 or A-119.5, as 1885
	2799	+	applicable, approved by the American National Standards 1886
	2800	+	Institute. Such standards shall include, but are not limited to, 1887
	2801	+	standards for the installation of plumbing, heating, and 1888
	2802	+	electrical systems and fire and life safety in movable tiny 1889
	2803	+	homes. Each movable tiny home shall also be manufactured with: 1890
	2804	+	(a) Insulation with a thermal resistance value of at least 1891
	2805	+	R-13 in the walls and at least R -19 in the ceiling. 1892
	2806	+	(b) Residential-grade insulated doors and windows. 1893
	2807	+	(c) An electrical system that meets National Fire 1894
	2808	+	Protection Association (NFPA) 70, National Electrical Code, 1895
	2809	+	article 551 or article 552, as applicable. 1896
	2810	+	(d) Low-voltage electrical systems that meet the 1897
	2811	+	requirements of the ANSI/RVIA Low Voltage Systems in Conversion 1898
	2812	+	and RVs Standard. 1899
	2813	+	(e) Wall framing consisting of studs that are between 16 1900
	2814	+
	2815	+	HB 321 2023
	2816	+
	2817	+
	2818	+
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	2820	+	hb0321-00
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	2822	+	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
	2823	+
	2824	+
	2825	+
	2826	+	and 24 inches on center, which studs are at least 2 inches by 4 1901
	2827	+	inches of wood or metal, or equivalent structural insulated 1902
	2828	+	panels. 1903
	2829	+	(2) Each movable tiny home must be inspected and certified 1904
	2830	+	by a professional engineer licensed in this state or a qualified 1905
	2831	+	third-party inspector for compliance with subsection (1). 1906
	2832	+	However, a movable tiny home that exceeds 400 square feet must 1907
	2833	+	comply with federal manufactured home construction and safety 1908
	2834	+	standards contained in 42 U.S.C. ss. 5401 -5426 and must be given 1909
	2835	+	a United States Department of Housing and Urban Development 1910
	2836	+	label. 1911
	2837	+	(3) Trailer hitches or other trailer connecting devices 1912
	2838	+	manufactured, sold, or offered for sale in this state for use 1913
	2839	+	with a trailer governed by this section must conform to the 1914
	2840	+	certification standards in Vehicle Equipment Safety Commission 1915
	2841	+	Regulation V-5. 1916
	2842	+	Section 41. Section 320.8245, Florida Statutes, is amended 1917
	2843	+	to read: 1918
	2844	+	320.8245 Limitation of alteration or modification to 1919
	2845	+	mobile homes, movable tiny homes, or recreational vehicles. — 1920
	2846	+	(1) LIMITATION OF ALTERATIONS OR MODIFICATIONS. —An No 1921
	2847	+	alteration or modification may not shall be made to a mobile 1922
	2848	+	home, movable tiny home, or recreational vehicle by a licensed 1923
	2849	+	dealer after shipmen t from the manufacturer's plant unless such 1924
	2850	+	alteration or modification is authorized in this section. 1925
	2851	+
	2852	+	HB 321 2023
	2853	+
	2854	+
	2855	+
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	2859	+	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
	2860	+
	2861	+
	2862	+
	2863	+	(2) EFFECT ON MOBILE HOME OR MOVABLE TINY HOME WARRANTY.—1926
	2864	+	Unless an alteration or modification is performed by a qualified 1927
	2865	+	person as defined in subsectio n (4), the warranty responsibility 1928
	2866	+	of the manufacturer as to the altered or modified item shall be 1929
	2867	+	void. 1930
	2868	+	(a) An alteration or modification performed by a mobile 1931
	2869	+	home, movable tiny home, or recreational vehicle dealer or his 1932
	2870	+	or her agent or employee shall place warranty responsibility for 1933
	2871	+	the altered or modified item upon the dealer. If the 1934
	2872	+	manufacturer fulfills, or is required to fulfill, the warranty 1935
	2873	+	on the altered or modified item, he or she shall be entitled to 1936
	2874	+	recover damages in the amount of his or h er costs and attorney 1937
	2875	+	attorneys' fees from the dealer. 1938
	2876	+	(b) An alteration or modification performed by a mobile 1939
	2877	+	home, movable tiny home, or recreational vehicle owner or his or 1940
	2878	+	her agent shall render the manufacturer's warranty as to that 1941
	2879	+	item void. A statement shall be displayed clearly and 1942
	2880	+	conspicuously on the face of the warranty that the warranty is 1943
	2881	+	void as to the altered or modified item if the alteration or 1944
	2882	+	modification is performed by other than a qualified person. 1945
	2883	+	Failure to display such statement shall result in warranty 1946
	2884	+	responsibility on the manufacturer. 1947
	2885	+	(3) AUTHORITY OF THE DEPARTMENT. —The department may adopt 1948
	2886	+	is authorized to promulgate rules and regulations pursuant to 1949
	2887	+	chapter 120 which define the alterations or modifications that 1950
	2888	+
	2889	+	HB 321 2023
	2890	+
	2891	+
	2892	+
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	2896	+	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
	2897	+
	2898	+
	2899	+
	2900	+	which must be made by qualified personnel. The department may 1951
	2901	+	regulate only those alterations and modifications that which 1952
	2902	+	substantially impair the structural integrity or safety of the 1953
	2903	+	mobile home. 1954
	2904	+	(4) DESIGNATION AS A QUALIFIED PERSON. — 1955
	2905	+	(a) In order to be designated as a person qualified to 1956
	2906	+	alter or modify a mobile home , movable tiny home, or 1957
	2907	+	recreational vehicle, a person must comply with local or county 1958
	2908	+	licensing or competency requirements in skills relevant to 1959
	2909	+	performing alterations or modifications on mobile homes, movable 1960
	2910	+	tiny homes, or recreational vehicles. 1961
	2911	+	(b) When no local or county licensing or competency 1962
	2912	+	requirements exist, the department may certify persons to 1963
	2913	+	perform mobile home alterations or modifications. The department 1964
	2914	+	shall by rule or regulation determine what skills and competency 1965
	2915	+	requirements are requisite to the issuance of a certification. A 1966
	2916	+	fee sufficient to cover the costs of issuing certifications may 1967
	2917	+	be charged by the department. The certification shall be valid 1968
	2918	+	for a period that which terminates when the county or other 1969
	2919	+	local governmental unit enacts relevant competency or licensing 1970
	2920	+	requirements. The certification shall be valid only in counties 1971
	2921	+	or localities without licensing or competency requirements. 1972
	2922	+	(c) The department shall determine which counties and 1973
	2923	+	localities have licensing or competency requirements adequate to 1974
	2924	+	eliminate the requirement of certification. This determination 1975
	2925	+
	2926	+	HB 321 2023
	2927	+
	2928	+
	2929	+
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	2933	+	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
	2934	+
	2935	+
	2936	+
	2937	+	shall be based on a review of the relevant county or local 1976
	2938	+	standards for adequacy in regulating pe rsons who perform 1977
	2939	+	alterations or modifications to mobile homes. The department 1978
	2940	+	shall find local or county standards adequate when minimal 1979
	2941	+	licensing or competency standards are provided. 1980
	2942	+	Section 42. Subsection (7) of section 320.8285, Florida 1981
	2943	+	Statutes, is amended to read: 1982
	2944	+	320.8285 Onsite inspection. — 1983
	2945	+	(7) Park trailers and movable tiny homes are subject to 1984
	2946	+	inspection in the same manner as are mobile homes pursuant to 1985
	2947	+	this section. 1986
	2948	+	Section 43. Subsection (1) of section 320.8325, Florida 1987
	2949	+	Statutes, is amended to read: 1988
	2950	+	320.8325 Mobile homes, movable tiny homes, manufactured 1989
	2951	+	homes, and park trailers; uniform installation standards; 1990
	2952	+	injunctions; penalty. — 1991
	2953	+	(1) The department shall adopt rules setting forth uniform 1992
	2954	+	standards for the installation of mobile homes, movable tiny 1993
	2955	+	homes, manufactured homes, and park trailers and for the 1994
	2956	+	manufacture of components, products, or systems used in the 1995
	2957	+	installation of mobile homes, movable tiny homes, manufactured 1996
	2958	+	homes, and park trailers. The rules shall ensure that the home 1997
	2959	+	or park trailer is installed on a permanent foundation that 1998
	2960	+	resists wind, flood, flotation, overturning, sliding, and 1999
	2961	+	lateral movement of the home o r park trailer. Only No entity, 2000
	2962	+
	2963	+	HB 321 2023
	2964	+
	2965	+
	2966	+
	2967	+	CODING: Words stricken are deletions; words underlined are additions.
	2968	+	hb0321-00
	2969	+	Page 81 of 88
	2970	+	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
	2971	+
	2972	+
	2973	+
	2974	+	other than the department may, has authority to amend these 2001
	2975	+	uniform standards. The owner of the mobile home, movable tiny 2002
	2976	+	home, manufactured home, or park trailer is shall be responsible 2003
	2977	+	for the installation in accordance wi th department rules. 2004
	2978	+	Section 44. Section 320.835, Florida Statutes, is amended 2005
	2979	+	to read: 2006
	2980	+	320.835 Mobile home , movable tiny home, and recreational 2007
	2981	+	vehicle warranties.—Each manufacturer, dealer, installer, and 2008
	2982	+	supplier of mobile homes , movable tiny homes, or recreational 2009
	2983	+	vehicles shall warrant each new mobile home , movable tiny home, 2010
	2984	+	or recreational vehicle sold in this state and the setup of each 2011
	2985	+	such mobile home, in accordance with the warranty requirements 2012
	2986	+	prescribed by this section, for a period of a t least 12 months, 2013
	2987	+	measured from the date of delivery of the mobile home to the 2014
	2988	+	buyer or the date of sale of the movable tiny home or 2015
	2989	+	recreational vehicle in the case of a manufacturer or dealer, or 2016
	2990	+	from the date of receipt of a certificate of occupancy in the 2017
	2991	+	case of an installer. The warranty requirements of each 2018
	2992	+	manufacturer, dealer, installer, and supplier of mobile homes , 2019
	2993	+	movable tiny homes, or recreational vehicles are as follows: 2020
	2994	+	(1) The manufacturer warrants: 2021
	2995	+	(a) For a mobile home , movable tiny home, or recreational 2022
	2996	+	vehicle, that all structural elements; plumbing systems; 2023
	2997	+	heating, cooling, and fuel -burning systems; electrical systems; 2024
	2998	+	fire prevention systems; and any other components or conditions 2025
	2999	+
	3000	+	HB 321 2023
	3001	+
	3002	+
	3003	+
	3004	+	CODING: Words stricken are deletions; words underlined are additions.
	3005	+	hb0321-00
	3006	+	Page 82 of 88
	3007	+	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
	3008	+
	3009	+
	3010	+
	3011	+	included by the manufacturer are free from substa ntial defect. 2026
	3012	+	(b) That 100-ampere electrical service exists in the 2027
	3013	+	mobile home. 2028
	3014	+	(2) The dealer warrants: 2029
	3015	+	(a) That any modifications or alterations made to the 2030
	3016	+	mobile home, movable tiny home, or recreational vehicle by the 2031
	3017	+	dealer or authorized by the dealer shall be free from 2032
	3018	+	substantial defect. Alterations or modifications made by a 2033
	3019	+	dealer shall relieve the manufacturer of warranty responsibility 2034
	3020	+	only as to the item altered or modified. 2035
	3021	+	(b) That setup operations performed on the mobile home are 2036
	3022	+	performed in compliance with s. 320.8325. 2037
	3023	+	(c) That substantial defects do not occur to the mobile 2038
	3024	+	home during setup or by transporting it to the occupancy site. 2039
	3025	+	2040
	3026	+	When the setup of a mobile home is performed by a person who is 2041
	3027	+	not an employee or agent of the mobile home manufacturer or 2042
	3028	+	dealer and is not compensated or authorized by, or connected 2043
	3029	+	with, such manufacturer or dealer, then the warranty 2044
	3030	+	responsibility of the manufacturer or dealer as to setup shall 2045
	3031	+	be limited to transporting the mobile home to the o ccupancy site 2046
	3032	+	free from substantial defect. 2047
	3033	+	(3) The installer warrants that the setup operations 2048
	3034	+	performed on the mobile home are performed in compliance with s. 2049
	3035	+	320.8325 and department rules governing the installation. 2050
	3036	+
	3037	+	HB 321 2023
	3038	+
	3039	+
	3040	+
	3041	+	CODING: Words stricken are deletions; words underlined are additions.
	3042	+	hb0321-00
	3043	+	Page 83 of 88
	3044	+	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
	3045	+
	3046	+
	3047	+
	3048	+	(4) The supplier warrants that a ny warranties generally 2051
	3049	+	offered in the ordinary sale of his or her product to consumers 2052
	3050	+	shall be extended to buyers of mobile homes , movable tiny homes, 2053
	3051	+	and recreational vehicles. When a no warranty is not extended by 2054
	3052	+	suppliers, the manufacturer shall assu me warranty responsibility 2055
	3053	+	for that component. 2056
	3054	+	(5) The department may adopt rules under chapter 120 to 2057
	3055	+	resolve disputes that may arise among the mobile home 2058
	3056	+	manufacturer, dealer, installer, or supplier. Those rules must 2059
	3057	+	comply with the dispute resolution process as set forth in the 2060
	3058	+	federal Manufactured Housing Improvement Act. 2061
	3059	+	Section 45. Section 205.193, Florida Statutes, is amended 2062
	3060	+	to read: 2063
	3061	+	205.193 Mobile home setup operations; local business tax 2064
	3062	+	receipt prohibited; exception. —A county, municipali ty, or other 2065
	3063	+	unit of local government may not require a licensed mobile home 2066
	3064	+	dealer or a licensed mobile home manufacturer, or an employee of 2067
	3065	+	a dealer or manufacturer, who performs setup operations as 2068
	3066	+	defined in s. 320.822(16) s. 320.822 to be a business tax 2069
	3067	+	receiptholder to engage in such operations. However, such dealer 2070
	3068	+	or manufacturer must obtain a local receipt for his or her 2071
	3069	+	permanent business location or branch office, which receipt 2072
	3070	+	shall not require for its issuance any conditions other than 2073
	3071	+	those required by chapter 320. 2074
	3072	+	Section 46. Subsections (1) and (2) of section 212.0601, 2075
	3073	+
	3074	+	HB 321 2023
	3075	+
	3076	+
	3077	+
	3078	+	CODING: Words stricken are deletions; words underlined are additions.
	3079	+	hb0321-00
	3080	+	Page 84 of 88
	3081	+	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
	3082	+
	3083	+
	3084	+
	3085	+	Florida Statutes, are amended to read: 2076
	3086	+	212.0601 Use taxes of vehicle dealers. — 2077
	3087	+	(1) Each motor vehicle dealer who is required by s. 2078
	3088	+	320.08(13) s. 320.08(12) to purchase one or more dealer license 2079
	3089	+	plates shall pay an annual use tax of $27 for each dealer 2080
	3090	+	license plate purchased under that subsection, in addition to 2081
	3091	+	the license tax imposed by that subsection. The use tax shall be 2082
	3092	+	for the year for which the dealer license pl ate was purchased. 2083
	3093	+	(2) There shall be no additional tax imposed by this 2084
	3094	+	chapter for the use of a dealer license plate for which, after 2085
	3095	+	July 1, 1987, a dealer use tax has been paid under this section. 2086
	3096	+	This exemption shall apply to the time period before t he sale or 2087
	3097	+	any other disposition of the vehicle throughout the year for 2088
	3098	+	which the dealer license plate required by s. 320.08(13) s. 2089
	3099	+	320.08(12) is purchased. 2090
	3100	+	Section 47. Paragraph (a) of subsection (3) of section 2091
	3101	+	320.06, Florida Statutes, is amended to read: 2092
	3102	+	320.06 Registration certificates, license plates, and 2093
	3103	+	validation stickers generally. — 2094
	3104	+	(3)(a) Registration license plates must be made of metal 2095
	3105	+	specially treated with a retroreflection material, as specified 2096
	3106	+	by the department. The registration lic ense plate is designed to 2097
	3107	+	increase nighttime visibility and legibility and must be at 2098
	3108	+	least 6 inches wide and not less than 12 inches in length, 2099
	3109	+	unless a plate with reduced dimensions is deemed necessary by 2100
	3110	+
	3111	+	HB 321 2023
	3112	+
	3113	+
	3114	+
	3115	+	CODING: Words stricken are deletions; words underlined are additions.
	3116	+	hb0321-00
	3117	+	Page 85 of 88
	3118	+	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
	3119	+
	3120	+
	3121	+
	3122	+	the department to accommodate motorcycles, mopeds , or similar 2101
	3123	+	smaller vehicles. Validation stickers must also be treated with 2102
	3124	+	a retroreflection material, must be of such size as specified by 2103
	3125	+	the department, and must adhere to the license plate. The 2104
	3126	+	registration license plate must be imprinted with a comb ination 2105
	3127	+	of bold letters and numerals or numerals, not to exceed seven 2106
	3128	+	digits, to identify the registration license plate number. The 2107
	3129	+	license plate must be imprinted with the word "Florida" at the 2108
	3130	+	top and the name of the county in which it is sold, the stat e 2109
	3131	+	motto, or the words "Sunshine State" at the bottom. Apportioned 2110
	3132	+	license plates must have the word "Apportioned" at the bottom, 2111
	3133	+	and license plates issued for vehicles taxed under s. 2112
	3134	+	320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (15) (14) must 2113
	3135	+	have the word "Restricted" at the bottom. License plates issued 2114
	3136	+	for vehicles taxed under s. 320.08(13) s. 320.08(12) must be 2115
	3137	+	imprinted with the word "Florida" at the top and the word 2116
	3138	+	"Dealer" at the bottom unless the license plate is a specialty 2117
	3139	+	license plate as authorized in s. 320.08056. Manufacturer 2118
	3140	+	license plates issued for vehicles taxed under s. 320.08(13) s. 2119
	3141	+	320.08(12) must be imprinted with the word "Florida" at the top 2120
	3142	+	and the word "Manufacturer" at the bottom. License plates issued 2121
	3143	+	for vehicles taxed under s. 320.08(5)(d) or (e) must be 2122
	3144	+	imprinted with the word "Wrecker" at the bottom. Any county may, 2123
	3145	+	upon majority vote of the county commission, elect to have the 2124
	3146	+	county name removed from the license plates sold in that county. 2125
	3147	+
	3148	+	HB 321 2023
	3149	+
	3150	+
	3151	+
	3152	+	CODING: Words stricken are deletions; words underlined are additions.
	3153	+	hb0321-00
	3154	+	Page 86 of 88
	3155	+	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
	3156	+
	3157	+
	3158	+
	3159	+	The state motto or the words "Sunshine State" shall be printed 2126
	3160	+	in lieu thereof. A license plate issued for a vehicle taxed 2127
	3161	+	under s. 320.08(6) may not be assigned a registration license 2128
	3162	+	number, or be issued with any other distinctive character or 2129
	3163	+	designation, that distingu ishes the motor vehicle as a for -hire 2130
	3164	+	motor vehicle. 2131
	3165	+	Section 48. Subsection (1) of section 320.133, Florida 2132
	3166	+	Statutes, is amended to read: 2133
	3167	+	320.133 Transporter license plates. — 2134
	3168	+	(1) The department may is authorized to issue a 2135
	3169	+	transporter license plate to an any applicant who, incidental to 2136
	3170	+	the conduct of his or her business, engages in the transporting 2137
	3171	+	of motor vehicles that which are not currently registered to any 2138
	3172	+	owner and that which do not have license plates, upon payment of 2139
	3173	+	the license tax impose d by s. 320.08(16) s. 320.08(15) for each 2140
	3174	+	such license plate and upon proof of liability insurance 2141
	3175	+	coverage in the amount of $100,000 or more. Such a transporter 2142
	3176	+	license plate is valid for use on any motor vehicle in the 2143
	3177	+	possession of the transporter while the motor vehicle is being 2144
	3178	+	transported in the course of the transporter's business. 2145
	3179	+	Section 49. Subsection (11) of section 320.77, Florida 2146
	3180	+	Statutes, is amended to read: 2147
	3181	+	320.77 License required of mobile home dealers. — 2148
	3182	+	(11) SETUP OPERATIONS. —Each licensee may perform setup 2149
	3183	+	operations only as defined in s. 320.822(16) s. 320.822, and the 2150
	3184	+
	3185	+	HB 321 2023
	3186	+
	3187	+
	3188	+
	3189	+	CODING: Words stricken are deletions; words underlined are additions.
	3190	+	hb0321-00
	3191	+	Page 87 of 88
	3192	+	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
	3193	+
	3194	+
	3195	+
	3196	+	department shall provide by rule for the uniform application of 2151
	3197	+	all existing statutory provisions relating to licensing and 2152
	3198	+	setup operations. 2153
	3199	+	Section 50. Subsections (6), (12), and (15) of section 2154
	3200	+	320.8249, Florida Statutes, are amended to read: 2155
	3201	+	320.8249 Mobile home installers license. — 2156
	3202	+	(6) For purposes of this section, the term "installation," 2157
	3203	+	has the same meaning as the term as used herein, is synonymous 2158
	3204	+	with "setup" as defined in s. 320.822(16) s. 320.822(14). 2159
	3205	+	(12) A county, municipality, or other unit of local 2160
	3206	+	government may not require additional licensing, bonding, or 2161
	3207	+	insurance of a duly licensed installer who performs setu p 2162
	3208	+	operations as defined in s. 320.822(16) s. 320.822. However, a 2163
	3209	+	county, municipality, or other unit of local government may 2164
	3210	+	require an installer to obtain a local occupational license, 2165
	3211	+	which license shall not require for its issuance any conditions 2166
	3212	+	other than those required by this chapter and payment of the 2167
	3213	+	appropriate occupational license fee. 2168
	3214	+	(15) In performing the installation, installers shall not 2169
	3215	+	perform plumbing or electrical activities prohibited by 2170
	3216	+	department rules related to setup operations pu rsuant to s. 2171
	3217	+	320.822(16) s. 320.822. 2172
	3218	+	Section 51. Except as otherwise expressly provided in this 2173
	3219	+	act, this act shall take effect July 1, 2023, but only if HB 323 2174
	3220	+	or similar legislation takes effect , if such legislation is 2175
	3221	+
	3222	+	HB 321 2023
	3223	+
	3224	+
	3225	+
	3226	+	CODING: Words stricken are deletions; words underlined are additions.
	3227	+	hb0321-00
	3228	+	Page 88 of 88
	3229	+	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
	3230	+
	3231	+
	3232	+
	3233	+	adopted in the same legislati ve session or an extension thereof 2176
	3234	+	and becomes a law. 2177