AB720: Bill Text

AB720,40,21 101.91 Definitions. (intro.) In ss. 101.90 101.91 to 101.96 101.95:

AB720, s. 91 Section 91. 101.91 (2) (intro.) and (a) of the statutes are consolidated, renumbered 101.91 (2) and amended to read:

AB720,41,5 101.91 (2) "Manufactured home" means either of the following: (a) A a structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities which complies with the standards established under 42 USC 5401 to 5425.

AB720, s. 92 Section 92. 101.91 (2) (b) of the statutes is repealed.

AB720, s. 93 Section 93. 101.92 (1) of the statutes is repealed.

AB720, s. 94 Section 94. 101.92 (3) of the statutes is amended to read:

AB720,41,11 101.92 (3) Shall review annually the rules adopted under ss. 101.90 101.91 to 101.96, and may revise rules upon recommendation by the advisory committee appointed under s. 101.96 101.95.

AB720, s. 95 Section 95. 101.92 (4) of the statutes is amended to read:

AB720,41,16 101.92 (4) Shall provide for announced or unannounced inspection of manufacturing facilities, processes, fabrication and assembly of manufactured homes and mobile homes to ensure compliance with the rules adopted under ss. 101.90 101.91 to 101.96 101.95.

AB720, s. 96 Section 96. 101.92 (5) of the statutes is repealed.

AB720, s. 97 Section 97. 101.92 (6) of the statutes is repealed.

AB720, s. 98 Section 98. 101.92 (7) of the statutes is amended to read:

AB720,41,21 101.92 (7) Shall establish within the division of safety and buildings a staff for the administration and enforcement of ss. 101.90 101.91 to 101.96 101.95.

AB720, s. 99 Section 99. 101.92 (8) of the statutes is amended to read:

AB720,41,24 101.92 (8) May revoke the license of any manufacturer who violates ss. 101.90 101.91 to 101.96 101.95 or any rules promulgated thereunder.

AB720, s. 100 Section 100. 101.93 of the statutes is repealed.

AB720, s. 101 Section 101. 101.94 (2) of the statutes is amended to read:

AB720,42,8 101.94 (2) No person may manufacture, assemble, distribute or sell a manufactured home unless the manufactured home complies with 42 USC 5401 to 5425 and applicable regulations as in effect on June 15, 1976. The department may establish, by rule, standards for the safe and sanitary design and construction of manufactured homes for the purpose of enforcement of this subchapter, and those standards may include standards in addition to any standards established by the secretary of housing and urban development under 42 USC 5401 to 5425.

AB720, s. 102 Section 102. 101.94 (3) of the statutes is repealed.

AB720, s. 103 Section 103. 101.94 (4) of the statutes is repealed.

AB720, s. 104 Section 104. 101.94 (5) of the statutes is repealed.

AB720, s. 105 Section 105. 101.94 (6) of the statutes is amended to read:

AB720,42,15 101.94 (6) Fees for review of plans, construction inspections, department labels and licensing of manufacturers shall be established by department rule under s. 101.19.

AB720, s. 106 Section 106. 101.94 (7) of the statutes is amended to read:

AB720,42,19 101.94 (7) The department shall hear and decide petitions brought under ss. 101.90 101.91 to 101.96 101.95 in the manner provided under s. 101.02 (6) (e) to (i) and (8) for petitions concerning property.

AB720, s. 107 Section 107. 101.95 of the statutes is amended to read:

AB720,42,24 101.95 (title) Manufactured home and mobile home manufacturers regulated. The department shall by rule prescribe the manner by which a manufacturer shall be licensed for the manufacture, distribution or selling of manufactured homes or mobile homes in this state.

AB720, s. 108 Section 108. 101.96 of the statutes is repealed.

AB720, s. 109 Section 109. 138.052 (1) (b) of the statutes is amended to read:

AB720,43,6 138.052 (1) (b) "Loan" means a loan secured by a first lien real estate mortgage on, or an equivalent security interest in, a one-to 4-family dwelling which the borrower uses as his or her principal place of residence and which is made, refinanced, renewed, extended or modified on or after November 1, 1981, but does not include a mobile manufactured home transaction as defined in s. 138.056 (1) (c).

AB720, s. 110 Section 110. 138.056 (1) (b) of the statutes is amended to read:

AB720,43,9 138.056 (1) (b) "Dwelling" includes a cooperative housing unit and a mobile home or manufactured home as defined in s. 218.10 (2) 101.91.

AB720, s. 111 Section 111. 138.056 (1) (c) of the statutes is amended to read:

AB720,43,14 138.056 (1) (c) "Mobile " Manufactured home transaction" means a consumer credit sale, as defined in s. 421.301 (9), of or a consumer loan, as defined in s. 421.301 (12), secured by a first lien or equivalent security interest in a mobile home or manufactured home as defined in s. 218.10 (2) 101.91.

AB720, s. 112 Section 112. 138.056 (1) (d) of the statutes is amended to read:

AB720,43,18 138.056 (1) (d) "Variable rate loan" means a mobile manufactured home transaction or a loan as defined in s. 138.052 (1) (b), the terms of which permits the interest rate to be increased or decreased.

AB720, s. 113 Section 113. 138.056 (3) (a) of the statutes is amended to read:

AB720,44,2 138.056 (3) (a) A variable rate loan involving a mobile manufactured home transaction or using an approved index may be prepaid at any time in whole or in part without penalty. Other variable rate loans may be prepaid in whole or part without penalty within 30 days after notice of an increase in the interest rate and with the prepayment penalty under s. 138.052 (2) (a) 2. and 3. if prepayment is made before or after the 30-day period. This paragraph controls if there is a conflict with s. 138.052 (2) (a).

AB720, s. 114 Section 114. 144.30 (3r) of the statutes is amended to read:

AB720,44,6 144.30 (3r) "Architectural coating" means a coating applied to a stationary structure, including a parking lot, and its appurtenances or to a mobile home or manufactured home.

AB720, s. 115 Section 115. 214.485 (10) of the statutes is amended to read:

AB720,44,8 214.485 (10) For the purpose of mobile home or manufactured home financing.

AB720, s. 116 Section 116. 215.205 (1) of the statutes is amended to read:

AB720,44,11 215.205 (1) Loans or obligations, or interests therein, for the purpose of mobile home or manufactured home financing.

AB720, s. 117 Section 117. 218.01 (6) (bn) 3. of the statutes is amended to read:

AB720,44,18 218.01 (6) (bn) 3. For any retail instalment sale of a mobile home or manufactured home as defined in s. 218.10 (2) 101.91 made on or after November 1, 1981 and before November 1, 1984, or for any refinancing, renewal, extension or modification on or after November 1, 1981 and before November 1, 1984, of any such retail instalment sale, the maximum finance charges under pars. (b) and (bm) do not apply.

AB720, s. 118 Section 118. Subchapter VI (title) of chapter 218 [precedes 218.10] of the statutes is amended to read:

AB720,44,21 CHAPTER 218

AB720,44,24 Subchapter VI mobile home Recreational vehicle dealers

AB720, s. 119 Section 119. 218.10 (1) of the statutes is renumbered 218.10 (1m) and amended to read:

AB720,45,5 218.10 (1m) "Delivery date" means the date on which a mobile home recreational vehicle is physically delivered to the site chosen by the mobile home recreational vehicle owner.

AB720, s. 120 Section 120. 218.10 (2) of the statutes is amended to read:

AB720,45,12 218.10 (2) "Mobile home" means a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction. "Mobile home" includes the mobile home structure, including the plumbing, heating and electrical systems and all appliances and all other equipment carrying a manufacturer's warranty has the meaning given in s. 101.91 (1).

AB720, s. 121 Section 121. 218.10 (3) of the statutes is renumbered 218.10 (1g), and 218.10 (1g) (intro.) and (e), as renumbered, are amended to read:

AB720,45,20 218.10 (1g) (intro.) "Mobile home dealer "Dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in mobile homes recreational vehicles or who is engaged wholly or in part in the business of selling mobile homes recreational vehicles, whether or not the mobile homes recreational vehicles are owned by the person, but does not include:

AB720,45,23 (e) A person transferring a mobile home recreational vehicle registered in that person's name and used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.

AB720, s. 122 Section 122. 218.10 (4) of the statutes is renumbered 218.10 (1x) and amended to read:

AB720,46,3 218.10 (4) "Mobile home manufacturer "Manufacturer" means any person within or without this state who manufactures or assembles mobile homes recreational vehicles for sale in this state.

AB720, s. 123 Section 123. 218.10 (5) of the statutes is amended to read:

AB720,46,7 218.10 (5) "Mobile home owner "Owner" means any person or lessee thereof who purchases a mobile home recreational vehicle primarily for use for personal, family or household purposes.

AB720, s. 124 Section 124. 218.10 (6) of the statutes is renumbered 218.10 (8t) and amended to read:

AB720,46,12 218.10 (8t) "Mobile home salesperson "Salesperson" means any person who is employed by a mobile home manufacturer or dealer to sell or lease mobile homes recreational vehicles.

AB720, s. 125 Section 125. 218.10 (7) of the statutes is amended to read:

AB720,46,16 218.10 (7) "New mobile home recreational vehicle" means a mobile home recreational vehicle which has never been occupied, used or sold for personal or business use.

AB720, s. 126 Section 126. 218.10 (8) of the statutes is repealed.

AB720, s. 127 Section 127. 218.10 (8m) of the statutes is amended to read:

AB720,46,20 218.10 (8m) "Recreational vehicle" means a mobile home that does not exceed the statutory size under s. 348.07 or a travel trailer, as defined in s. 340.01 (72r).

AB720, s. 128 Section 128. 218.10 (9) of the statutes is amended to read:

AB720,46,24 218.10 (9) "Used mobile home recreational vehicle" means a mobile home recreational vehicle which has previously been occupied, used or sold for personal or business use.

AB720, s. 129 Section 129. 218.101 (1) of the statutes is repealed.

AB720, s. 130 Section 130. 218.101 (2) of the statutes is renumbered 218.101 and amended to read:

AB720,47,5 218.101 Administering department. The department of transportation shall administer this subchapter as it relates to those mobile home dealers and mobile home salespersons engaged in the sale of recreational vehicles.

AB720, s. 131 Section 131. 218.11 (title) of the statutes is amended to read:

AB720,47,7 218.11 (title) Mobile home Recreational vehicle dealers regulated.

AB720, s. 132 Section 132. 218.11 (1) of the statutes is amended to read:

AB720,47,11 218.11 (1) No person may engage in the business of selling mobile homes recreational vehicles to the ultimate consumer or to the retail market in this state unless first licensed to do so by the licensor as herein provided.

AB720, s. 133 Section 133. 218.11 (6) (n) of the statutes is amended to read:

AB720,47,14 218.11 (6) (n) Having violated any law relating to the sale, distribution or financing of mobile homes recreational vehicles.

AB720, s. 134 Section 134. 218.12 (title) of the statutes is amended to read:

AB720,47,17 218.12 (title) Mobile home dealer Recreational vehicle salespersons regulated.

AB720, s. 135 Section 135. 218.12 (1) of the statutes is amended to read:

AB720,47,23 218.12 (1) No person may engage in the business of selling mobile homes recreational vehicles to the ultimate consumer or to the retail market in this state without a license therefor from the licensor. If a mobile home dealer acts as a mobile home salesperson the dealer shall secure a mobile home salesperson's license in addition to the license for engaging as a mobile home dealer.

AB720, s. 136 Section 136. 218.12 (2) (a) of the statutes is amended to read:

AB720,48,5 218.12 (2) (a) Applications for mobile home a salesperson's license and renewals thereof shall be made to the licensor on such forms as the licensor prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). The application shall require such pertinent information as the licensor requires.

AB720, s. 137 Section 137. 218.12 (5) of the statutes is amended to read:

AB720,48,9 218.12 (5) The provision of s. 218.01 (3) relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a mobile home salesperson's license so far as applicable.

AB720, s. 138 Section 138. 218.12 (6) of the statutes is amended to read:

AB720,48,13 218.12 (6) The provisions of s. 218.01 (3) (g) and (5) shall apply to this section, mobile home recreational vehicle sales practices and the regulation of travel trailer or mobile home recreational vehicle salespersons, as far as applicable.

AB720, s. 139 Section 139. 218.14 of the statutes is repealed.