Florida Senate - 2024                             CS for SB 1140
       
       
        
       By the Committee on Regulated Industries; and Senator Burton
       
       
       
       
       
       580-02617-24                                          20241140c1
    1                        A bill to be entitled                      
    2         An act relating to mobile homes; amending s. 720.037,
    3         F.S.; requiring that a petition for mediation be filed
    4         with the Division of Florida Condominiums, Timeshares,
    5         and Mobile Homes of the Department of Business and
    6         Professional Regulation to determine the adequacy and
    7         conformance of the homeowners’ petition to initiate
    8         mediation; requiring mobile home owners to provide
    9         specified documents to the park owner in a specified
   10         manner; authorizing the park owner and mobile home
   11         owners, by mutual agreement, to select a mediator
   12         pursuant to specified provisions; requiring the
   13         division to dismiss a petition for mediation under
   14         certain circumstances; authorizing the park owner to
   15         file objections to the petition for mediation within a
   16         specified timeframe; requiring the division to assign
   17         a mediator in certain circumstances within a specified
   18         timeframe; amending s. 723.038, F.S.; authorizing
   19         parties to disputes to jointly select a mediator and
   20         initiate mediation proceedings; conforming provisions
   21         to changes made by the act; making a technical change;
   22         amending s. 723.0381, F.S.; prohibiting the initiation
   23         of civil action unless the dispute has been submitted
   24         to mediation; amending s. 723.051, F.S.; requiring
   25         that specified live-in health care aides have ingress
   26         and egress to and from a mobile home owner’s site
   27         without having to pay charges; providing that the
   28         mobile home owner must pay the cost of any necessary
   29         background check of such aides; providing that live-in
   30         heath care aides have no rights of tenancy in the
   31         park; requiring the mobile home owner to notify the
   32         park owner or manager of certain information related
   33         to such aides; providing that the mobile home owner is
   34         responsible for removing such aides if it becomes
   35         necessary and must cover related costs; amending s.
   36         723.0611, F.S.; providing the purpose of the Florida
   37         Mobile Home Relocation Corporation; amending s.
   38         723.0612, F.S.; revising the amounts a mobile home
   39         owner is entitled to receive from the corporation for
   40         single-section and multisection mobile homes in
   41         certain circumstances; revising the timeframe during
   42         which a mobile home moving contractor may redeem a
   43         voucher for the contract price for relocating a mobile
   44         home; revising the amount a mobile home owner may
   45         receive when he or she abandons the mobile home inside
   46         the mobile home park in lieu of collecting payment
   47         from the corporation; revising the amount a park owner
   48         must pay the corporation under certain circumstances;
   49         making technical changes; requiring the division to
   50         adopt rules; providing an effective date.
   51          
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Present paragraphs (b), (c), and (d) of
   55  subsection (5) of section 723.037, Florida Statutes, are
   56  redesignated as paragraphs (c), (e), and (f), respectively, new
   57  paragraphs (b) and (d) and paragraphs (g) and (h) are added to
   58  that subsection, and present paragraph (b) of that subsection is
   59  amended, to read:
   60         723.037 Lot rental increases; reduction in services or
   61  utilities; change in rules and regulations; mediation.—
   62         (5)
   63         (b) A petition for mediation must be filed with the
   64  division in all cases for a determination of adequacy and
   65  conformance of the petition with the requirements of paragraph
   66  (a). Upon filing the petition with the division, the mobile home
   67  owners must provide to the park owner, by certified mail, return
   68  receipt requested, a copy of the following:
   69         1. The homeowners’ petition for mediation on a form adopted
   70  by rule of the division;
   71         2. The written designation required by this subsection,
   72  which must include lot identification for each signature;
   73         3. The notice or notices of lot rental increase, reduction
   74  in services or utilities, or change in rules and regulations
   75  that is being challenged as unreasonable; and
   76         4. The records that verify the selection of the homeowners’
   77  committee in accordance with subsection (4).
   78         (c)(b) A park owner, within the same time period, may also
   79  petition the division to initiate mediation of the dispute
   80  pursuant to s. 723.038.
   81         (d) As an alternative to the appointment of a mediator by
   82  the division, the park owner and the mobile home owners may, by
   83  mutual agreement, select a mediator pursuant to s. 723.038(2)
   84  and (4).
   85         (g) The division shall dismiss a petition for mediation in
   86  the event that the park owner and mobile home owners fail to
   87  comply with this section.
   88         (h) Within 10 days after receipt of the petition from the
   89  homeowners, the park owner may file objections to the petition
   90  with the division. The division shall dismiss any petition that
   91  is not timely filed, that does not meet the requirements of this
   92  subsection, or that is otherwise found deficient by the
   93  division. If a mediator has not been selected pursuant to
   94  paragraph (d), the division must assign a mediator within 10
   95  days after receipt of the petition by the park owner.
   96  
   97  The purpose of this subsection is to encourage discussion and
   98  evaluation by the parties of the comparable mobile home parks in
   99  the competitive market area. The requirements of this subsection
  100  are not intended to be enforced by civil or administrative
  101  action. Rather, the meetings and discussions are intended to be
  102  in the nature of settlement discussions prior to the parties
  103  proceeding to litigation of any dispute.
  104         Section 2. Subsections (1), (2), (4), and (9) of section
  105  723.038, Florida Statutes, are amended to read:
  106         723.038 Dispute settlement; mediation.—
  107         (1) Either party may petition the division to appoint a
  108  mediator and initiate mediation proceedings, or the parties may
  109  agree to immediately select a mediator and initiate mediation
  110  proceedings pursuant to the criteria outlined in subsections (2)
  111  and (4).
  112         (2) The division, upon receipt of a petition, shall appoint
  113  a qualified mediator to conduct mediation proceedings and notify
  114  the parties within 20 days after such appointment, unless the
  115  parties timely notify the division in writing that they have
  116  selected a mediator. A person appointed by the division or
  117  selected by the parties must shall be a qualified mediator from
  118  a list of circuit court mediators in each judicial circuit who
  119  has met training and educational requirements established by the
  120  Supreme Court. If such mediators are not available, the division
  121  or the parties may select a mediator from the list maintained by
  122  the Florida Growth Management Conflict Resolution Consortium.
  123  The division shall promulgate rules of procedure to govern such
  124  proceedings in accordance with the rules of practice and
  125  procedure adopted by the Supreme Court. The division shall also
  126  establish, by rule, the fee to be charged by a mediator which
  127  shall not exceed the fee authorized by the circuit court.
  128         (4) Following the date of the last scheduled meeting held
  129  pursuant to s. 723.037(4), the parties to a dispute may agree
  130  immediately to select a mediator and initiate mediation
  131  proceedings pursuant to this section Upon receiving a petition
  132  to mediate a dispute, the division shall, within 20 days, notify
  133  the parties that a mediator has been appointed by the division.
  134  The parties may accept the mediator appointed by the division
  135  or, within 30 days, select a mediator to mediate the dispute
  136  pursuant to subsection (2). The parties shall each pay a $250
  137  filing fee to the mediator appointed by the division or selected
  138  by the parties, within 30 days after the division notifies the
  139  parties of the appointment of the mediator. The $250 filing fee
  140  shall be used by the mediator to defray the hourly rate charged
  141  for mediation of the dispute. Any portion of the filing fee not
  142  used shall be refunded to the parties.
  143         (9) A mediator appointed by the division or selected by the
  144  parties pursuant to this section shall have judicial immunity in
  145  the same manner and to the same extent as a judge.
  146         Section 3. Subsection (1) of section 723.0381, Florida
  147  Statutes, is amended to read:
  148         723.0381 Civil actions; arbitration.—
  149         (1) A civil action may not be initiated unless the dispute
  150  has been submitted to mediation pursuant to s. 723.037(5). After
  151  mediation of a dispute pursuant to s. 723.038 has failed to
  152  provide a resolution of the dispute, either party may file an
  153  action in the circuit court.
  154         Section 4. Subsection (1) of section 723.051, Florida
  155  Statutes, is amended to read:
  156         723.051 Invitees; rights and obligations.—
  157         (1) An invitee of a mobile home owner, or a live-in health
  158  care aide as provided for in the Federal Fair Housing Act, must
  159  shall have ingress and egress to and from the mobile home
  160  owner’s site without the mobile home owner, or invitee, or live
  161  in health care aide being required to pay additional rent, a
  162  fee, or any charge whatsoever, except that the mobile home owner
  163  must pay the cost of a background check for the live-in health
  164  care aide if one is required. Any mobile home park rule or
  165  regulation providing for fees or charges contrary to the terms
  166  of this section is null and void. The live-in health care aide
  167  does not have any rights of tenancy in the park, and the mobile
  168  home owner must notify the park owner or park manager of the
  169  name of the live-in health care aide and provide the information
  170  required to have the background check, if one is necessary. The
  171  mobile home owner has the responsibility to remove the live-in
  172  health care aide should it become necessary and to cover the
  173  costs associated with the removal.
  174         Section 5. Paragraph (a) of subsection (1) of section
  175  723.0611, Florida Statutes, is amended to read:
  176         723.0611 Florida Mobile Home Relocation Corporation.—
  177         (1)(a) There is created the Florida Mobile Home Relocation
  178  Corporation. The purpose of the corporation is to address the
  179  voluntary closure of mobile home parks due to a change in use of
  180  the land. The corporation shall be administered by a board of
  181  directors made up of six members, three of whom shall be
  182  appointed by the Secretary of Business and Professional
  183  Regulation from a list of nominees submitted by the largest
  184  nonprofit association representing mobile home owners in this
  185  state, and three of whom shall be appointed by the Secretary of
  186  Business and Professional Regulation from a list of nominees
  187  submitted by the largest nonprofit association representing the
  188  manufactured housing industry in this state. All members of the
  189  board of directors, including the chair, shall be appointed to
  190  serve for staggered 3-year terms.
  191         Section 6. Subsections (1), (4), and (7) of section
  192  723.0612, Florida Statutes, are amended to read:
  193         723.0612 Change in use; relocation expenses; payments by
  194  park owner.—
  195         (1) If a mobile home owner is required to move due to a
  196  change in use of the land comprising the mobile home park as set
  197  forth in s. 723.061(1)(d) and complies with the requirements of
  198  this section, the mobile home owner is entitled to payment from
  199  the Florida Mobile Home Relocation Corporation of:
  200         (a) The amount of actual moving expenses of relocating the
  201  mobile home to a new location within a 50-mile radius of the
  202  vacated park, or
  203         (b) The amount of $6,500 $3,000 for a single-section mobile
  204  home or $11,500 $6,000 for a multisection mobile home, whichever
  205  is less. Moving expenses include the cost of taking down,
  206  moving, and setting up the mobile home in a new location.
  207         (4) The Florida Mobile Home Relocation Corporation must
  208  approve payment within 45 days after receipt of the information
  209  set forth in subsection (3), or payment is deemed approved. A
  210  copy of the approval must be forwarded to the park owner with an
  211  invoice for payment. Upon approval, the corporation shall issue
  212  a voucher in the amount of the contract price for relocating the
  213  mobile home. The moving contractor may redeem the voucher from
  214  the corporation following completion of the relocation and upon
  215  approval of the relocation by the mobile home owner for up to 2
  216  years after the date of issuance.
  217         (7) In lieu of collecting payment from the Florida Mobile
  218  Home Relocation Corporation as set forth in subsection (1), a
  219  mobile home owner may abandon the mobile home in the mobile home
  220  park and collect $3,000 $1,375 for a single section and $5,000
  221  $2,750 for a multisection from the corporation as long as the
  222  mobile home owner delivers to the park owner the current title
  223  to the mobile home duly endorsed by the owner of record and
  224  valid releases of all liens shown on the title. If a mobile home
  225  owner chooses this option, the park owner must shall make
  226  payment to the corporation of $1,375 for a single section and
  227  $2,750 for a multisection in an amount equal to the amount the
  228  mobile home owner is entitled to under this subsection. The
  229  mobile home owner’s application for funds under this subsection
  230  requires shall require the submission of a document signed by
  231  the park owner stating that the home has been abandoned under
  232  this subsection and that the park owner agrees to make payment
  233  to the corporation in the amount provided to the home owner
  234  under this subsection. However, in the event that the required
  235  documents are not submitted with the application, the
  236  corporation may consider the facts and circumstances surrounding
  237  the abandonment of the home to determine whether the mobile home
  238  owner is entitled to payment pursuant to this subsection. The
  239  mobile home owner is not entitled to any compensation under this
  240  subsection if there is a pending eviction action for nonpayment
  241  of lot rental amount pursuant to s. 723.061(1)(a) which was
  242  filed against him or her prior to the mailing date of the notice
  243  of change in the use of the mobile home park given pursuant to
  244  s. 723.061(1)(d).
  245         Section 7. The division shall adopt rules to implement and
  246  administer this act.
  247         Section 8. This act shall take effect July 1, 2024.