AB720, s. 101
1Section
101. 101.94 (2) of the statutes is amended to read:
AB720,42,82
101.94
(2) No person may manufacture, assemble, distribute or sell a
3manufactured home unless the manufactured home complies with
42 USC 5401 to
45425 and applicable regulations
as in effect on June 15, 1976. The department may
5establish, by rule, standards for the safe and sanitary design and construction of
6manufactured homes for the purpose of enforcement of this subchapter, and those
7standards may include standards in addition to any standards established by the
8secretary of housing and urban development under 42 USC 5401 to 5425.
AB720, s. 102
9Section
102. 101.94 (3) of the statutes is repealed.
AB720, s. 103
10Section
103. 101.94 (4) of the statutes is repealed.
AB720, s. 104
11Section
104. 101.94 (5) of the statutes is repealed.
AB720, s. 105
12Section
105. 101.94 (6) of the statutes is amended to read:
AB720,42,1513
101.94
(6) Fees for
review of plans, construction inspections, department labels
14and licensing of manufacturers shall be established by department rule under s.
15101.19.
AB720, s. 106
16Section
106. 101.94 (7) of the statutes is amended to read:
AB720,42,1917
101.94
(7) The department shall hear and decide petitions brought under ss.
18101.90 101.91 to
101.96 101.95 in the manner provided under s. 101.02 (6) (e) to (i)
19and (8) for petitions concerning property.
AB720, s. 107
20Section
107. 101.95 of the statutes is amended to read:
AB720,42,24
21101.95 (title)
Manufactured home and mobile home manufacturers
22regulated. The department shall by rule prescribe the manner by which a
23manufacturer shall be licensed for the manufacture, distribution or selling of
24manufactured homes
or mobile homes in this state.
AB720, s. 109
1Section
109. 138.052 (1) (b) of the statutes is amended to read:
AB720,43,62
138.052
(1) (b) "Loan" means a loan secured by a first lien real estate mortgage
3on, or an equivalent security interest in, a one-to 4-family dwelling which the
4borrower uses as his or her principal place of residence and which is made,
5refinanced, renewed, extended or modified on or after November 1, 1981, but does
6not include a
mobile manufactured home transaction as defined in s. 138.056 (1) (c).
AB720, s. 110
7Section
110. 138.056 (1) (b) of the statutes is amended to read:
AB720,43,98
138.056
(1) (b) "Dwelling" includes a cooperative housing unit and a mobile
9home
or manufactured home as defined in s.
218.10 (2) 101.91.
AB720, s. 111
10Section
111. 138.056 (1) (c) of the statutes is amended to read:
AB720,43,1411
138.056
(1) (c)
"Mobile "
Manufactured home transaction" means a consumer
12credit sale, as defined in s. 421.301 (9), of or a consumer loan, as defined in s. 421.301
13(12), secured by a first lien or equivalent security interest in a mobile home
or
14manufactured home as defined in s.
218.10 (2)
101.91.
AB720, s. 112
15Section
112. 138.056 (1) (d) of the statutes is amended to read:
AB720,43,1816
138.056
(1) (d) "Variable rate loan" means a
mobile manufactured home
17transaction or a loan as defined in s. 138.052 (1) (b), the terms of which permits the
18interest rate to be increased or decreased.
AB720, s. 113
19Section
113. 138.056 (3) (a) of the statutes is amended to read:
AB720,44,220
138.056
(3) (a) A variable rate loan involving a
mobile manufactured home
21transaction or using an approved index may be prepaid at any time in whole or in part
22without penalty. Other variable rate loans may be prepaid in whole or part without
23penalty within 30 days after notice of an increase in the interest rate and with the
24prepayment penalty under s. 138.052 (2) (a) 2. and 3. if prepayment is made before
1or after the 30-day period. This paragraph controls if there is a conflict with s.
2138.052 (2) (a).
AB720, s. 114
3Section
114. 144.30 (3r) of the statutes is amended to read:
AB720,44,64
144.30
(3r) "Architectural coating" means a coating applied to a stationary
5structure, including a parking lot, and its appurtenances or to a mobile home
or
6manufactured home.
AB720, s. 115
7Section
115. 214.485 (10) of the statutes is amended to read:
AB720,44,88
214.485
(10) For the purpose of mobile home
or manufactured home financing.
AB720, s. 116
9Section
116. 215.205 (1) of the statutes is amended to read:
AB720,44,1110
215.205
(1) Loans or obligations, or interests therein, for the purpose of mobile
11home
or manufactured home financing.
AB720, s. 117
12Section
117. 218.01 (6) (bn) 3. of the statutes is amended to read:
AB720,44,1813
218.01
(6) (bn) 3. For any retail instalment sale of a mobile home
or
14manufactured home as defined in s.
218.10 (2)
101.91 made on or after November 1,
151981 and before November 1, 1984, or for any refinancing, renewal, extension or
16modification on or after November 1, 1981 and before November 1, 1984, of any such
17retail instalment sale, the maximum finance charges under pars. (b) and (bm) do not
18apply.
AB720, s. 118
19Section
118. Subchapter VI (title) of chapter 218 [precedes 218.10] of the
20statutes is amended to read:
AB720,44,2121
CHAPTER 218
AB720,44,2422
Subchapter VI
23mobile home Recreational
24vehicle dealers
AB720, s. 119
1Section
119. 218.10 (1) of the statutes is renumbered 218.10 (1m) and
2amended to read:
AB720,45,53
218.10
(1m) "Delivery date" means the date on which a
mobile home 4recreational vehicle is physically delivered to the site chosen by the
mobile home 5recreational vehicle owner.
AB720, s. 120
6Section
120. 218.10 (2) of the statutes is amended to read:
AB720,45,127
218.10
(2) "Mobile home"
means a vehicle designed to be towed as a single unit
8or in sections upon a highway by a motor vehicle and equipped and used, or intended
9to be used, primarily for human habitation, with walls of rigid uncollapsible
10construction. "Mobile home" includes the mobile home structure, including the
11plumbing, heating and electrical systems and all appliances and all other equipment
12carrying a manufacturer's warranty has the meaning given in s. 101.91 (1).
AB720, s. 121
13Section
121. 218.10 (3) of the statutes is renumbered 218.10 (1g), and 218.10
14(1g) (intro.) and (e), as renumbered, are amended to read:
AB720,45,2015
218.10
(1g) (intro.)
"Mobile home dealer "Dealer" means a person who, for a
16commission or other thing of value, sells, exchanges, buys or rents, or offers or
17attempts to negotiate a sale or exchange of an interest in
mobile homes recreational
18vehicles or who is engaged wholly or in part in the business of selling
mobile homes 19recreational vehicles, whether or not the
mobile homes recreational vehicles are
20owned by the person, but does not include:
AB720,45,2321
(e) A person transferring a
mobile home recreational vehicle registered in that
22person's name and used for that person's personal, family or household purposes, if
23the transfer is an occasional sale and is not part of the business of the transferor.
AB720, s. 122
24Section
122. 218.10 (4) of the statutes is renumbered 218.10 (1x) and amended
25to read:
AB720,46,3
1218.10
(4) "Mobile home manufacturer "Manufacturer" means any person
2within or without this state who manufactures or assembles
mobile homes 3recreational vehicles for sale in this state.
AB720, s. 123
4Section
123. 218.10 (5) of the statutes is amended to read:
AB720,46,75
218.10
(5) "Mobile home owner
"Owner" means any person
or lessee thereof 6who purchases a
mobile home recreational vehicle primarily for use for personal,
7family or household purposes.
AB720, s. 124
8Section
124. 218.10 (6) of the statutes is renumbered 218.10 (8t) and amended
9to read:
AB720,46,1210
218.10
(8t) "Mobile home salesperson "Salesperson" means any person who is
11employed by a
mobile home manufacturer or dealer to sell or lease
mobile homes 12recreational vehicles.
AB720, s. 125
13Section
125. 218.10 (7) of the statutes is amended to read:
AB720,46,1614
218.10
(7) "New
mobile home recreational vehicle" means a
mobile home 15recreational vehicle which has never been occupied, used or sold for personal or
16business use.
AB720, s. 126
17Section
126. 218.10 (8) of the statutes is repealed.
AB720, s. 127
18Section
127. 218.10 (8m) of the statutes is amended to read:
AB720,46,2019
218.10
(8m) "Recreational vehicle" means a mobile home that does not exceed
20the statutory size under s. 348.07
or a travel trailer, as defined in s. 340.01 (72r).
AB720, s. 128
21Section
128. 218.10 (9) of the statutes is amended to read:
AB720,46,2422
218.10
(9) "Used
mobile home
recreational vehicle" means a
mobile home 23recreational vehicle which has previously been occupied, used or sold for personal or
24business use.
AB720, s. 129
25Section
129. 218.101 (1) of the statutes is repealed.
AB720, s. 130
1Section
130. 218.101 (2) of the statutes is renumbered 218.101 and amended
2to read:
AB720,47,5
3218.101 Administering department. The department of transportation
4shall administer this subchapter
as it relates to those mobile home dealers and
5mobile home salespersons engaged in the sale of recreational vehicles.
AB720, s. 131
6Section
131. 218.11 (title) of the statutes is amended to read:
AB720,47,7
7218.11 (title)
Mobile home
Recreational vehicle dealers regulated.
AB720, s. 132
8Section
132. 218.11 (1) of the statutes is amended to read:
AB720,47,119
218.11
(1) No person may engage in the business of selling
mobile homes 10recreational vehicles to the ultimate consumer or to the retail market in this state
11unless first licensed to do so by the licensor as herein provided.
AB720, s. 133
12Section
133. 218.11 (6) (n) of the statutes is amended to read:
AB720,47,1413
218.11
(6) (n) Having violated any law relating to the sale, distribution or
14financing of
mobile homes recreational vehicles.
AB720, s. 134
15Section
134. 218.12 (title) of the statutes is amended to read:
AB720,47,17
16218.12 (title)
Mobile home dealer Recreational vehicle salespersons
17regulated.
AB720, s. 135
18Section
135. 218.12 (1) of the statutes is amended to read:
AB720,47,2319
218.12
(1) No person may engage in the business of selling
mobile homes 20recreational vehicles to the ultimate consumer or to the retail market in this state
21without a license therefor from the licensor. If a
mobile home dealer acts as a
mobile
22home salesperson the dealer shall secure a
mobile home salesperson's license in
23addition to the license for engaging as a
mobile home dealer.
AB720, s. 136
24Section
136. 218.12 (2) (a) of the statutes is amended to read:
AB720,48,5
1218.12
(2) (a) Applications for
mobile home a salesperson's license and
2renewals thereof shall be made to the licensor on such forms as the licensor
3prescribes and furnishes and shall be accompanied by the license fee required under
4par. (c) or (d). The application shall require such pertinent information as the
5licensor requires.
AB720, s. 137
6Section
137. 218.12 (5) of the statutes is amended to read:
AB720,48,97
218.12
(5) The provision of s. 218.01 (3) relating to the denial, suspension and
8revocation of a motor vehicle salesperson's license shall apply to the denial,
9suspension and revocation of a
mobile home salesperson's license so far as applicable.
AB720, s. 138
10Section
138. 218.12 (6) of the statutes is amended to read:
AB720,48,1311
218.12
(6) The provisions of s. 218.01 (3) (g) and (5) shall apply to this section,
12mobile home recreational vehicle sales practices and the regulation of
travel trailer
13or mobile home recreational vehicle salespersons, as far as applicable.
AB720, s. 140
15Section
140. 218.15 of the statutes is amended to read:
AB720,48,20
16218.15 (title)
Sale or lease of used primary housing units recreational
17vehicles. In the sale or lease of any used
primary housing unit recreational vehicles,
18the sales invoice or lease agreement shall contain the point of manufacture of the
19used
primary housing unit recreational vehicle, the name of the manufacturer and
20the name and address of the previous owner.
AB720, s. 142
22Section
142. 218.165 of the statutes is repealed.
AB720, s. 143
23Section
143. 218.17 (1) of the statutes is repealed.
AB720, s. 144
24Section
144. 218.17 (3) of the statutes is amended to read:
AB720,49,6
1218.17
(3) Nothing in this subchapter prohibits the bringing of a civil action
2against a
mobile home manufacturer, dealer or salesperson by an aggrieved
3customer. If judgment is rendered for the customer based on an act or omission by
4the manufacturer, dealer or salesperson, which constituted a violation of this
5subchapter, the plaintiff shall recover actual and proper attorney fees in addition to
6costs otherwise recoverable.
AB720, s. 145
7Section
145. 227.43 (1) (bg) of the statutes is amended to read:
AB720,49,138
227.43
(1) (bg) Assign a hearing examiner to preside over any hearing or review
9under ss.
16.996 (7) (a) and (b), 16.997 (6), 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073
10(3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05
11(4) (b), 194.145 (1), 194.46, 218.01 (2) (bd) 2 and (c) 2., (3) (b), (c), (f) 1., (fm) 1. and
12(h) and (3c) (d), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b),
13218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69 and 348.25 (9).
AB720, s. 146
14Section
146. 234.622 (7) of the statutes is amended to read:
AB720,49,2315
234.622
(7) "Qualifying dwelling unit" means a dwelling unit, not including a
16mobile home as defined in s.
66.058 101.91 (1), located in this state, habitable as a
17permanent residence and to which property taxes or special assessments are, or may
18conveniently be, allocated and up to one acre of land appertaining to it held in the
19same ownership as the dwelling unit. For purposes of ss. 234.621 to 234.626,
20"qualifying dwelling unit" includes a unit in a condominium or in a cooperative or in
21a multi-unit dwelling with 4 or fewer units, but in all of these 3 cases only the portion
22of taxes or special assessments allocable to the unit lived in by the participant may
23qualify for loans under ss. 234.621 to 234.626.
AB720, s. 147
24Section
147. 340.01 (11) (intro.) of the statutes is amended to read:
AB720,50,7
1340.01
(11) (intro.) "Dealer" means a person who, for a commission or other
2thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale
3or exchange of an interest in motor vehicles, mobile homes,
manufactured homes,
4recreational vehicles, trailers or semitrailers, or who is engaged wholly or in part in
5the business of selling motor vehicles, mobile homes,
manufactured homes,
6recreational vehicles, trailers or semitrailers, whether or not such vehicles are
7owned by that person, but not including:
AB720, s. 148
8Section
148. 340.01 (14) of the statutes is amended to read:
AB720,50,129
340.01
(14) "Distributor" means a person who in whole or in part sells or
10distributes motor vehicles, mobile homes,
manufactured homes, recreational
11vehicles, trailers or semitrailers to dealers, or who maintains distributor
12representatives.