Florida Senate - 2011                                     SB 650
       
       
       
       By Senator Jones
       
       
       
       
       13-00366A-11                                           2011650__
    1                        A bill to be entitled                      
    2         An act relating to mobile home park lot tenancies;
    3         creating s. 723.024, F.S.; providing for local
    4         enforcement of violations of provisions establishing
    5         the obligations of mobile home park owners and mobile
    6         home owners; prohibiting liens, penalties, fines, or
    7         other administrative or civil proceedings against one
    8         party or that party’s property for a duty or
    9         responsibility of the other party; amending s.
   10         723.061, F.S.; revising provisions relating to grounds
   11         and proceedings for eviction; revising procedures for
   12         mobile home owners being provided eviction notice due
   13         to a change in use of the land comprising the mobile
   14         home park or the portion thereof from which mobile
   15         homes are to be evicted; providing requirements of the
   16         park owner and requirements and rights of an
   17         applicable homeowners’ association with respect to the
   18         sale of the mobile home park under a change in use
   19         eviction; deleting a provision relating to
   20         governmental action affecting the removal of mobile
   21         home owners; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 723.024, Florida Statutes, is created to
   26  read:
   27         723.024 Compliance by mobile home park owners and mobile
   28  home owners.—Notwithstanding any other provision of this chapter
   29  or of any local law, ordinance, or code:
   30         (1) If a unit of local government finds that a violation of
   31  s. 723.022 or s. 723.023 has occurred, the unit of local
   32  government shall cite the responsible party for the violation
   33  and enforce the citation under its local code and ordinance
   34  enforcement authority.
   35         (2) A lien, penalty, fine, or other administrative or civil
   36  proceeding may not be brought against a mobile home owner or
   37  mobile home for any duty or responsibility of the mobile home
   38  park owner under s. 723.022 or against a mobile home park owner
   39  or mobile home park property for any duty or responsibility of
   40  the mobile home owner under s. 723.023.
   41         Section 2. Section 723.061, Florida Statutes, is amended to
   42  read:
   43         723.061 Eviction; grounds, proceedings.—
   44         (1) A mobile home park owner may evict a mobile home owner,
   45  a mobile home tenant, a mobile home occupant, or a mobile home
   46  only on one or more of the following grounds: provided in this
   47  section.
   48         (a) Nonpayment of the lot rental amount. If a mobile home
   49  owner or tenant, whichever is responsible, fails to pay the lot
   50  rental amount when due and if the default continues for 5 days
   51  after delivery of a written demand by the mobile home park owner
   52  for payment of the lot rental amount, the park owner may
   53  terminate the tenancy. However, if the mobile home owner or
   54  tenant, whichever is responsible, pays the lot rental amount
   55  due, including any late charges, court costs, and attorney’s
   56  fees, the court may, for good cause, deny the order of eviction,
   57  if provided such nonpayment has not occurred more than twice.
   58         (b) Conviction of a violation of a federal or state law or
   59  local ordinance, if the which violation is may be deemed
   60  detrimental to the health, safety, or welfare of other residents
   61  of the mobile home park. The mobile home owner or mobile home
   62  tenant must vacate the premises within will have 7 days after
   63  from the date the that notice to vacate is delivered to vacate
   64  the premises. This paragraph constitutes shall be grounds to
   65  deny an initial tenancy of a purchaser of a home under pursuant
   66  to paragraph (e) or to evict an unapproved occupant of a home.
   67         (c) Violation of a park rule or regulation, the rental
   68  agreement, or this chapter.
   69         1. For the first violation of any properly promulgated rule
   70  or regulation, rental agreement provision, or this chapter which
   71  is found by any court of competent having jurisdiction thereof
   72  to have been an act that which endangered the life, health,
   73  safety, or property of the park residents or employees or the
   74  peaceful enjoyment of the mobile home park by its residents, the
   75  mobile home park owner may terminate the rental agreement, and
   76  the mobile home owner, tenant, or occupant must vacate the
   77  premises within will have 7 days after from the date that the
   78  notice to vacate is delivered to vacate the premises.
   79         2. For a second violation of the same properly promulgated
   80  rule or regulation, rental agreement provision, or this chapter
   81  within 12 months, the mobile home park owner may terminate the
   82  tenancy if she or he has given the mobile home owner, tenant, or
   83  occupant written notice, within 30 days after of the first
   84  violation, which notice specified the actions of the mobile home
   85  owner, tenant, or occupant that which caused the violation and
   86  gave the mobile home owner, tenant, or occupant 7 days to
   87  correct the noncompliance. The mobile home owner, tenant, or
   88  occupant must have received written notice of the ground upon
   89  which she or he is to be evicted at least 30 days prior to the
   90  date on which she or he is required to vacate. A second
   91  violation of a properly promulgated rule or regulation, rental
   92  agreement provision, or this chapter within 12 months of the
   93  first violation is unequivocally a ground for eviction, and it
   94  is not a defense to any eviction proceeding that a violation has
   95  been cured after the second violation. Violation of a rule or
   96  regulation, rental agreement provision, or this chapter more
   97  than after the passage of 1 year after from the first violation
   98  of the same rule or regulation, rental agreement provision, or
   99  this chapter does not constitute a ground for eviction under
  100  this section.
  101  
  102  A No properly promulgated rule or regulation may not be
  103  arbitrarily applied and used as a ground for eviction.
  104         (d) Change in use of the land comprising the mobile home
  105  park, or the portion thereof from which mobile homes are to be
  106  evicted, from mobile home lot rentals to some other use, if:
  107         1. The park owner gives written notice to the homeowners’
  108  association formed and operating under ss. 723.075-723.079 of
  109  its right to purchase the mobile home park, if the land
  110  comprising the mobile home park is changing use from mobile home
  111  lot rentals to a different use, at the price and under the terms
  112  and conditions set forth in the written notice.
  113         a. The notice shall be delivered to the officers of the
  114  homeowners’ association by United States mail. Within 45 days
  115  after the date of mailing of the notice, the homeowners’
  116  association may execute and deliver a contract to the park owner
  117  to purchase the mobile home park at the price and under the
  118  terms and conditions set forth in the notice. If the contract
  119  between the park owner and the homeowners’ association is not
  120  executed and delivered to the park owner within the 45-day
  121  period, the park owner is under no further obligation to the
  122  homeowners’ association except as provided in sub-subparagraph
  123  b.
  124         b. If the park owner elects to offer or sell the mobile
  125  home park at a price lower than the price specified in her or
  126  his initial notice to the officers of the homeowners’
  127  association, the homeowners’ association has an additional 10
  128  days to meet the revised price, terms, and conditions of the
  129  park owner by executing and delivering a revised contract to the
  130  park owner.
  131         c. The park owner is not obligated under this subparagraph
  132  or s. 723.071 to give any other notice to, or to further
  133  negotiate with, the homeowners’ association for the sale of the
  134  mobile home park to the homeowners’ association after 6 months
  135  after the date of the mailing of the initial notice under sub
  136  subparagraph a.
  137         2. The park owner gives the affected mobile home owners and
  138  tenants provided all tenants affected are given at least 6
  139  months’ notice of the eviction due to the projected change in of
  140  use and of their need to secure other accommodations.
  141         a. The notice of eviction due to a change in use of the
  142  land must shall include in a font no smaller than the body of
  143  the notice the following statement:
  144  
  145         YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA
  146         MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE
  147         FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC).
  148         FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE
  149         FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL
  150         REGULATION.
  151  
  152         b. The park owner may not give a notice of increase in lot
  153  rental amount within 90 days before giving notice of a change in
  154  use.
  155         (e) Failure of the purchaser, prospective tenant, or
  156  occupant of a mobile home situated in the mobile home park to be
  157  qualified as, and to obtain approval to become, a tenant or
  158  occupant of the home, if such approval is required by a properly
  159  promulgated rule. If a purchaser or prospective tenant of a
  160  mobile home situated in the mobile home park occupies the mobile
  161  home before such approval is granted, the mobile home owner or
  162  mobile home tenant must vacate the premises within shall have 7
  163  days after from the date the notice of the failure to be
  164  approved for tenancy is delivered to vacate the premises.
  165         (2) In the event of eviction for a change in of use,
  166  homeowners must object to the change in use by petitioning for
  167  administrative or judicial remedies within 90 days after of the
  168  date of the notice or they will be barred from taking any
  169  subsequent action to contest the change in use. This subsection
  170  does provision shall not be construed to prevent any homeowner
  171  from objecting to a zoning change at any time.
  172         (3) The provisions of s. 723.083 shall not be applicable to
  173  any park where the provisions of this subsection apply.
  174         (3)(4) A mobile home park owner applying for the removal of
  175  a mobile home owner, tenant, or occupant, or a mobile home shall
  176  file, in the county court in the county where the mobile home
  177  lot is situated, a complaint describing the lot and stating the
  178  facts that authorize the removal of the mobile home owner,
  179  tenant, or occupant, or the mobile home. The park owner is
  180  entitled to the summary procedure provided in s. 51.011, and the
  181  court shall advance the cause on the calendar.
  182         (4)(5)Except for the notice to the officers of the
  183  homeowners’ association under subparagraph (1)(d)1., any notice
  184  required by this section must be in writing, and must be posted
  185  on the premises and sent to the mobile home owner and tenant or
  186  occupant, as appropriate, by certified or registered mail,
  187  return receipt requested, addressed to the mobile home owner and
  188  tenant or occupant, as appropriate, at her or his last known
  189  address. Delivery of the mailed notice shall be deemed given 5
  190  days after the date of postmark.
  191         Section 3. This act shall take effect upon becoming a law.