This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0557.RRS
DATE: 1/22/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 557 Movable Tiny Homes
SPONSOR(S): Stevenson
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
Wright Anstead
2) Transportation & Modals Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Under Florida law, a tiny house affixed to a permanent foundation must meet Florida Building Code standards
applicable to tiny houses. A movable tiny home built on a chassis or flatbed trailer must be registered as a
“park trailer” under the purview of the Department of Highway Safety and Motor Vehicles (DHSMV).
A “tiny house” is a dwelling that is 400 square feet or less in floor area excluding lofts and must be built to the
tiny house standards in the Florida Building Code.
Florida law considers a “park trailer” as a subcategory of recreational vehicles and is described as a
transportable unit which is designed to provide seasonal or temporary living quarters. The body width of a park
trailer may not exceed 14-feet, and the total area of the park trailer may not exceed either 400 square feet
when constructed to American National Standards Institute (ANSI) standards, and 500 square feet when
constructed to United States Department of Housing and Urban Development (HUD) standards. The DHSMV
has adopted rules setting forth uniform standards for park trailers that are used as a dwelling place in a
particular location for more than 45 days, including requirements for anchors and tie-downs.
Because park trailers are considered seasonal or temporary living quarters, movable tiny homes are not
permitted to stay in RV and mobile home parks year-round. The bill would allow a certain type of “park trailer”,
when built in accordance with the Florida Building Code, to be utilized for year-round living.
The bill allows a park trailer to be used as permanent living quarters for no more than one household when
connected to utilities necessary for the operation of installed fixtures and appliances. The total area of such
unit may not exceed 400 square feet when constructed to ANSI standards, and 500 square feet when
constructed to HUD standards. A park trailer meeting this definition is a “movable tiny home.”
The bill requires that a movable tiny home be constructed and inspected in accordance with the Florida
Building Code, and each movable tiny home must have a sticker or other documentation certifying that the
movable tiny home was inspected and certified for compliance with the Florida Building Code by a professional
engineer or architect licensed in Florida or by a third-party inspector who is qualified to inspect for compliance
with the Florida Building Code.
The bill also requires the Florida Building Commission to review and adopt any updates to specified codes for
movable tiny homes.
The bill does not appear to have a fiscal impact on state or local governments.
The bill has an effective date of October 1, 2024. STORAGE NAME: h0557.RRS PAGE: 2
DATE: 1/22/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Tiny Houses v. Movable Tiny Homes
Under current Florida law, a tiny house affixed to a permanent foundation must meet Florida Building
Code standards applicable to tiny houses.
1
A movable tiny home built on a chassis or flatbed trailer
must be registered as a “park trailer” under the purview of the Department of Highway Safety and Motor
Vehicles (DHSMV).
2
Park Trailers
Chapter 320, F.S., defines “park trailer” as a type of recreational vehicle that is transportable with a
body width not exceeding 14 feet, which is built on a single chassis and is designed to provide
seasonal or temporary living quarters when connected to utilities necessary for operation of installed
fixtures and appliances.
3
The total area of the unit in a setup mode, when measured from the exterior
surface of the exterior stud walls at the level of maximum dimensions, not including any bay window,
does not exceed 400 square feet when constructed to American National Standards Institute (ANSI)
4
A-119.5 standards, and 500 square feet when constructed to United States Department of Housing and
Urban Development (HUD) Standards.
5
The DHSMV has adopted rules setting forth uniform standards for the installation of a mobile home,
manufactured home, or park trailer that is being used as a dwelling place and that is located on a
particular location for a period of time exceeding 14 days, for a mobile or manufactured home, or 45
days, for a park trailer.
6
The must ensure that the home or park trailer is installed on a permanent
foundation that resists wind, flood, flotation, overturning, sliding, and lateral movement of the home or
park trailer.
7
Such rules are in ch. 15C-1, F.A.C., and include requirements for anchors and tie-downs.
8
A county or municipality is responsible for the onsite inspection of each park trailer installation located
within its jurisdiction in order to ensure compliance with the DHSMV’s uniform installation standards.
9
As stated above, the definition of “park trailer” contemplates that it is used as “seasonal or temporary
living quarters.” Some people live in movable tiny homes year-round but must periodically leave RV
and mobile home parks because of the seasonal/temporary nature of their registration as a “park
trailer.”
Building Standards for Mobile Homes and Recreational Vehicles
For purposes of mobile homes and recreational vehicles, Florida law defines the term “code” to mean
the appropriate standards found in:
The Federal Manufactured Housing Construction and Safety Standards for single-family mobile
homes, adopted by HUD;
1
FBC, Residential, Appendix Q (8th Ed. 2023), https://up.codes/viewer/florida/fl-residential-code-2020/chapter/Q/tiny-houses#AQ102
(last visited Jan. 19, 2024).
2
S. 320.01(1)(b)7., F.S.
3
Id.
4
The American National Standards Institute (ANSI) is a private, non-profit organization that administers and coordinates the U.S.
voluntary standards and conformity assessment system. The Institute works in close collaboration with stakeholders from industry and
government to identify and develop standards- and conformance-based solutions to national and global priorities. American National
Standards Institute, Introduction, https://www.ansi.org/about/introduction (last visited Jan. 19, 2024).
5
S. 320.01(1)(b)7., F.S.
6
S. 320.8325(1)&(5), F.S.
7
Id.
8
Ch. 15C-1, F.A.C., available at https://www.flrules.org/gateway/ChapterHome.asp?Chapter=15c-1.
9
S. 320.8285(1)&(7), F.S. STORAGE NAME: h0557.RRS PAGE: 3
DATE: 1/22/2024
The Uniform Standards Code, as ANSI A-119.2 for recreational vehicles, ANSI A-119.5 for park
trailers, and the HUD standard for park trailers; or
The Mobile and Manufactured Home Repair and Remodeling Code and the Used Recreational
Vehicle Code.
10
Under Florida law, each recreational vehicle-type unit, including park trailers, manufactured in this state
or manufactured outside this state but sold or offered for sale in this state must meet the Uniform
Standards Code ANSI book A-119.2 or A-119.5, as applicable, approved by the American National
Standards Institute. Such standards must include, but are not limited to, standards for the installation of
plumbing, heating, and electrical systems and fire and life safety in recreational vehicle-type units and
park trailers. However, those park trailers exceeding 400 square feet must meet the Federal
Manufactured Home Construction and Safety Standards and have a HUD label.
11
Tie-Downs
In general, tie-downs are systems of heavy-duty straps and ground anchors that stabilize manufactured
homes or trailers during high winds. Failure to properly install and maintain tie-downs results in reduced
capacity to resist sliding and overturning.
12
Building Standards for Tiny Homes
Florida Building Code Provisions Related to Tiny Houses
The 2020 Edition of the Florida Building Code (Building Code) incorporated Appendix Q to outline tiny
house standards statewide,
13
which defines “tiny house” as a permanent residential dwelling that is 400
square feet or less in floor area excluding lofts and must be built to the tiny house standards in the
Florida Building Code.
14
As a tiny house is a type of residential dwelling, it must be on and permanently
affixed to a foundation and comply with building requirements for the superstructure.
15
Florida Building Code
Since 2000, Florida has operated under a uniform statewide building code. Prior to that, different
counties had different building codes.
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum standards were met. Local governments could
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired.
16
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study’s commission
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Building Code, and that
10
S. 320.822(2), F.S.
11
S. 320.8231(1), F.S.
12
Nick Gromicko and Kenton Shepard, Tie-Downs for Manufactured Homes, International Association of Certified Home Inspectors,
https://www.nachi.org/manufactured-home-tie-
downs.htm#:~:text=Tie%2Ddowns%20are%20systems%20of,to%20resist%20sliding%20and%20overturni ng. (last visited Jan. 19,
2024).
13
FBC, Residential, Appendix Q (8th Ed. 2023).
14
S. AQ101.1, FBC, Residential (8th Ed. 2023).
15
S. R401.1, FBC, Residential (8th Ed. 2023).
16
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan. 19, 2024). STORAGE NAME: h0557.RRS PAGE: 4
DATE: 1/22/2024
first edition replaced all local codes on March 1, 2002.
17
The current edition of the Building Code is the
eighth edition, which is referred to as the 2023 Florida Building Code.
18
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent
of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Building Code must be applied, administered,
and enforced uniformly and consistently from jurisdiction to jurisdiction.
19
The Florida Building Commission (Commission) was statutorily created to implement the Building
Code. The Commission, which is housed within the Department of Business and Professional
Regulation (DBPR), is a 19-member technical body made up of design professionals, contractors, and
government experts in various disciplines covered by the Building Code. The Commission reviews
several International Codes published by the International Code Council,
20
the National Electric Code,
and other nationally adopted model codes to determine if the Building Code needs to be updated and
adopts an updated Building Code every three years.
21
Building Permits
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare.
22
Every local government must enforce the Building Code and issue building permits.
23
A building permit
is an official document or certificate issued by the local building official that authorizes performance of a
specific activity.
24
Any construction work that requires a building permit also requires the review of
building plans and inspections of the progress of work completed by the building official, inspector, or
plans examiner to ensure the work complies with the Building Code.
25
It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
building without first obtaining a building permit from the local government or from such persons as
may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
as set forth in a schedule of fees adopted by the enforcing agency.
26
To obtain a permit, an applicant must complete an application for the proposed work on the form
furnished by the local enforcing agency.
27
A local enforcing agency may not issue a permit until the
building official or plans reviewer has reviewed the building plans and determined that they comply with
the Building Code.
28
A certificate of completion for a building or structure may be issued when such
work passes its final building inspection.
29
Substructure and Superstructure
The part of the structure that is buried underground is referred to as the substructure, and includes the
foundation. The building’s weight is dispersed throughout the substructure and the ground underneath
17
Id.
18
Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 19, 2024).
19
See s. 553.72(1), F.S.
20
The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and
compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Council, About the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 19, 2024).
21
S. 553.73(7)(a), F.S.
22
S. 553.72, F.S.
23
Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
24
S. 468.603(2), F.S; S. 202, FBC, Building (8th Ed. 2023).
25
Ss. 107, 110.1, and 110.3, FBC, Building (8th Ed. 2023).
26
See ss. 125.56(4)(a) and 553.79(1), F.S.
27
Ss. 125.56(4)(b), 553.79(1), and 713.135(5) and (6), F.S.
28
S. 553.79(2), F.S.
29
Passage of a final building inspection includes obtaining approvals for all permits issued for the project (such as building and fire
permits and sub-permits such as electrical, mechanical, elevator, plumbing, and roof permits). S. 553.79(17)(a), F.S.; S. 110, Fla. Bldg.
Code, 7th Ed. (2020). STORAGE NAME: h0557.RRS PAGE: 5
DATE: 1/22/2024
it.
30
A building’s foundation serves to transmit loads from the superstructure to the ground underneath.
The Building Code requires foundations to be capable of resisting all loads from roof uplift and building
overturn.
31
The superstructure is the whole part of a structure that is above ground or above the foundation.
Beams, columns, finishes, windows, doors, the roof, and floors, are considered to be part of the
superstructure.
32
Effect of the Bill
The bill would allow a certain type of “park trailer”, when built in accordance with the Florida Building
Code, to be utilized for year-round living.
The bill amends s. 320.01(1)(b)7, F.S., defining the term “park trailer” to incorporate the permanent
nature of some movable tiny homes. Under the bill, a park trailer may be used as permanent living
quarters for no more than one household when connected to utilities necessary for the operation of
installed fixtures and appliances. The total area of such unit may not exceed 400 square feet when
constructed to standards specified below, and 500 square feet when constructed to HUD Standards. A
park trailer meeting this definition may be referred to as a “movable tiny home.”
The bill amends the statutory definition of the term “code” to incorporate standards for movable tiny
homes.
The bill requires that a movable tiny home be constructed and inspected in accordance with the Florida
Building Code, and each movable tiny home must have a sticker or other documentation certifying that
the movable tiny home was inspected and certified for compliance with the Florida Building Code by a
professional engineer or architect licensed in Florida or by a third-party inspector who is qualified to
inspect for compliance with the Florida Building Code.
The bill also requires the Florida Building Commission to review and adopt any updates to specified
codes which pertain to the superstructure requirements for movable tiny homes.
The bill has an effective date of October 1, 2024.
B. SECTION DIRECTORY:
Section 1 Amends s. 320.01, F.S., relating to definitions, general.
Section 2 Amends s. 320.822, F.S., relating to definitions; ss. 320.822-320.862.
Section 3 Amends s. 320.8231, F.S., relating to establishment of uniform standards for
recreational vehicle-type units and park trailers.
Section 4 Amends s. 553.73, F.S., relating to Florida Building Code.
Section 5 Provides an effective date of October 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
30
Civil Engineering Forum, WHAT IS SUPERSTRUCTURE AND SUBSTRUCTURE? , Nov. 20, 2022,
https://www.civilengineeringforum.me/superstructure-and-substructure/ (last visited Jan. 19, 2024).
31
S. R401.2, FBC, Residential (8th Ed. 2023).
32
Civil Engineering Forum, supra note 33. STORAGE NAME: h0557.RRS PAGE: 6
DATE: 1/22/2024
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Individuals who live in a movable tiny home may be able to live in one location for as long as they
choose.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
DHSMV will likely need to amend its rules regarding park trailers to conform to provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
Since DHSMV regulations provide requirements for foundations, anchors, and tie downs for park
trailers, including movable tiny homes, lines 123-125 should be amended to clarify that the only the
superstructure of a movable tiny home must be constructed and inspected in accordance with the
Florida Building Code. The sponsor has indicated an intent to make this clarification.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES