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  1                                 

  2         An act relating to mobile homes; amending s.

  3         215.559, F.S.; specifying the amount of funds

  4         to be used to inspect and improve tie-downs for

  5         mobile homes; requiring the Department of

  6         Community Affairs to contract with a public

  7         higher educational institution to serve as an

  8         administrative entity and fiscal agent for

  9         certain purposes; establishing responsibilities

10         for such administrative entity; requiring a

11         certain Type I Center to develop a work plan

12         for certain purposes; revising the process for

13         establishing an advisory council; requiring an

14         annual report; amending s. 723.003, F.S.;

15         defining the term "proportionate share";

16         amending s. 723.011, F.S.; requiring the

17         Division of Florida Land Sales, Condominiums,

18         and Mobile Homes to maintain specified records;

19         requiring that copies be provided within a

20         specified time after written request; amending

21         s. 723.012, F.S.; revising provisions relating

22         to statements in a prospectus; amending s.

23         723.037, F.S.; revising procedures for meetings

24         that determine the status of changes in lot

25         rentals; amending s. 723.061, F.S.; revising

26         timeframes for giving notice of changes in lot

27         rental amounts and use of mobile home parks;

28         creating s. 723.0611, F.S.; creating the

29         Florida Mobile Home Relocation Corporation;

30         providing for a board of directors to be

31         appointed by the Secretary of Business and


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  1         Professional Regulation; providing for terms of

  2         office; specifying powers and duties of the

  3         board; authorizing the corporation to borrow

  4         from private finance sources; creating s.

  5         723.0612, F.S.; providing for the payment of

  6         relocation expenses if a mobile home owner is

  7         required to move due to a change in use of the

  8         mobile home park; providing exceptions;

  9         specifying procedures for payments upon

10         approval of the corporation; authorizing a

11         mobile home owner to abandon the mobile home

12         and collect one-fourth the amount of relocation

13         expenses; providing a penalty; providing for

14         recognition of existing contracts; providing an

15         effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Section 215.559, Florida Statutes, is

20  amended to read:

21         215.559  Hurricane Loss Mitigation Program.--

22         (1)  There is created a Hurricane Loss Mitigation

23  Program. The Legislature shall annually appropriate $10

24  million of the moneys authorized for appropriation under s.

25  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to

26  the Department of Community Affairs for the purposes set forth

27  in this section.

28         (2)(a)  Seven million dollars in funds provided in

29  subsection (1) shall be used for programs to improve the wind

30  resistance of residences and mobile homes, including loans,

31  subsidies, grants, demonstration projects, and direct


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  1  assistance; cooperative programs with local governments and

  2  the Federal Government; and other efforts to prevent or reduce

  3  losses or reduce the cost of rebuilding after a disaster.

  4         (b)  Three million dollars in funds provided in

  5  subsection (1) shall be used to retrofit existing facilities

  6  used as public hurricane shelters. The department must

  7  prioritize the use of these funds for projects included in the

  8  September 1, 2000, version of the Shelter Retrofit Report

  9  prepared in accordance with s. 252.385(3), and each annual

10  report thereafter. The department must give funding priority

11  to projects in regional planning council regions that have

12  shelter deficits and to projects that maximize use of state

13  funds.

14         (3)  Forty At least 40 percent of the total

15  appropriation in paragraph (2)(a) shall be used to inspect and

16  improve tie-downs for mobile homes. Within 30 days after the

17  effective date of that appropriation, the department shall

18  contract with a public higher educational institution in this

19  state which has previous experience in administering the

20  programs set forth in this subsection to serve as the

21  administrative entity and fiscal agent pursuant to s. 216.346

22  for the purpose of administering the programs set forth in

23  this subsection in accordance with established policy and

24  procedures for loans, subsidies, grants, demonstration

25  projects, and direct assistance for the first year of the

26  programs shall be used for mobile homes, including programs to

27  inspect and improve tie-downs, construct and provide safety

28  structures, and provide other means to reduce losses. In the

29  second year of the programs, at least 30 percent of the total

30  appropriation shall be used for mobile homes, and thereafter

31  at least 20 percent shall be used for such purposes. The


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  1  administrative entity working with the advisory council set up

  2  under subsection (5) shall develop a list of mobile home parks

  3  and counties that may be eligible to participte in the

  4  tie-down program.

  5         (4)  Of moneys provided to the Department of Community

  6  Affairs in paragraph (2)(a), 10 percent shall be allocated to

  7  a the Operations and Maintenance Trust Fund in the general

  8  office of the Board of Regents, to be used by the Type I

  9  Center within the State University System dedicated to

10  hurricane research. The Type I Center shall develop a

11  preliminary work plan approved by the advisory council set

12  forth in subsection (5) to eliminate the state and local

13  barriers to upgrading existing mobile homes and communities,

14  research and develop a program for the recycling of existing

15  older mobile homes, and to support programs of research and

16  development relating to hurricane loss reduction devices and

17  techniques for site-built residences and mobile homes and

18  relating to the development of credible data on potential loss

19  reductions. The State University System also shall consult

20  with the Department of Community Affairs and assist the

21  department with the report required under subsection (7).

22         (5)  Except for the program set forth in subsection

23  (3), the Department of Community Affairs shall develop the

24  programs set forth in this section in consultation with an

25  advisory council appointed by the secretary consisting of a

26  representative designated by of the Department of Insurance, a

27  representative designated by the Florida Home Builders

28  Association of home builders, a representative designated by

29  the Florida Insurance Council of insurance companies, a

30  representative designated by of the Federation of Manufactured

31  Mobile Home Owners, a representative designated by of the


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  1  Florida Association of Counties, and a representative

  2  designated by of the Florida Manufactured Housing Association

  3  who is a mobile home manufacturer or supplier.

  4         (6)  Moneys provided to the Department of Community

  5  Affairs under this section are intended to supplement other

  6  funding sources of the Department of Community Affairs and may

  7  not supplant other funding sources of the Department of

  8  Community Affairs.

  9         (7)  On January 1st of each year 2001 and 2002, the

10  Department of Community Affairs shall provide a full report

11  and accounting of activities under this section and an

12  evaluation of such activities to the Speaker of the House of

13  Representatives, the President of the Senate, and the Majority

14  and Minority Leaders of the House of Representatives and the

15  Senate.

16         (8)  This section is repealed June 30,2006 2002.

17         Section 2.  Subsections (11) through (14) of section

18  723.003, Florida Statutes, are renumbered as subsections (12)

19  through (15), respectively, and a new subsection (11) is added

20  to said section to read:

21         723.003  Definitions.--As used in this chapter, the

22  following words and terms have the following meanings unless

23  clearly indicated otherwise:

24         (11)  The term "proportionate share" as used in

25  subsection (10) means an amount calculated by dividing equally

26  among the affected developed lots in the park the total costs

27  for the necessary and actual direct costs and impact or hookup

28  fees incurred for governmentally mandated capital improvements

29  serving the recreational and common areas and all affected

30  developed lots in the park.

31  


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  1         Section 3.  Subsection (1) of section 723.011, Florida

  2  Statutes, is amended to read:

  3         723.011  Disclosure prior to rental of a mobile home

  4  lot; prospectus, filing, approval.--

  5         (1)(a)  In a mobile home park containing 26 or more

  6  lots, the park owner shall file a prospectus with the

  7  division.  Prior to entering into an enforceable rental

  8  agreement for a mobile home lot, the park owner shall deliver

  9  to the homeowner a prospectus approved by the division.  This

10  subsection does shall not be construed to invalidate those lot

11  rental agreements for which an approved prospectus was

12  required to be delivered and which was delivered on or before

13  July 1, 1986, if the mobile home park owner had:

14         1.  Filed a prospectus with the division prior to

15  entering into the lot rental agreement;

16         2.  Made a good faith effort to correct deficiencies

17  cited by the division by responding within the time limit set

18  by the division, if one was set; and

19         3.  Delivered the approved prospectus to the mobile

20  home owner within 45 days of approval by the division.

21  

22  This paragraph does shall not preclude the finding that a lot

23  rental agreement is invalid on other grounds and does shall

24  not be construed to limit any rights of a mobile home owner or

25  to preclude a mobile home owner from seeking any remedies

26  allowed by this chapter, including a determination that the

27  lot rental agreement or any part thereof is unreasonable.

28         (b)  The division shall determine whether the proposed

29  prospectus or offering circular is adequate to meet the

30  requirements of this chapter and shall notify the park owner

31  by mail, within 45 days after of receipt of the document, that


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  1  the division has found that either approved the prospectus or

  2  offering circular is adequate or has found specified

  3  deficiencies.  If In the event the division does not make

  4  either finding approve the prospectus or advise the park owner

  5  of deficiencies within 45 days, the prospectus shall be deemed

  6  to have been found adequate be approved.

  7         (c)1.  Filings for mobile home parks in which lots have

  8  not been offered for lease prior to June 4, 1984, shall be

  9  accompanied by a filing fee of $10 per lot offered for lease

10  by the park owner; however, the fee shall not be less than

11  $100.

12         2.  Filings for mobile home parks in which lots have

13  been offered for lease prior to the effective date of this

14  chapter shall be accompanied by a filing fee as follows:

15         a.  For a park in which there are 26-50 lots: $100.

16         b.  For a park in which there are 51-100 lots: $150.

17         c.  For a park in which there are 101-150 lots: $200.

18         d.  For a park in which there are 151-200 lots: $250.

19         e.  For a park in which there are 201 or more lots:

20  $300.

21         (d)  The division shall maintain copies of each

22  prospectus and all amendments to each prospectus which are

23  considered adequate by the division. The division shall

24  provide copies of documents requested in writing under this

25  subsection within 10 days after the written request is

26  received.

27         Section 4.  Subsection (1) of section 723.012, Florida

28  Statutes, is amended to read:

29         723.012  Prospectus or offering circular.--The

30  prospectus or offering circular, which is required to be

31  


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  1  provided by s. 723.011, must contain the following

  2  information:

  3         (1)  The front cover or the first page must contain

  4  only:

  5         (a)  The name of the mobile home park.

  6         (b)  The following statements in conspicuous type:

  7         1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS VERY

  8  IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND YOUR

  9  FINANCIAL OBLIGATIONS MATTERS TO BE CONSIDERED IN LEASING A

10  MOBILE HOME LOT. MAKE SURE THAT YOU READ THE ENTIRE DOCUMENT

11  AND SEEK LEGAL ADVICE IF YOU HAVE ANY QUESTIONS REGARDING THE

12  INFORMATION SET FORTH IN THIS DOCUMENT.

13         2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN

14  NATURE.  A PROSPECTIVE LESSEE SHOULD REFER TO ALL REFERENCES,

15  ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES

16  MATERIALS.

17         3.  ORAL REPRESENTATIONS SHOULD NOT BE RELIED UPON AS

18  CORRECTLY STATING THE REPRESENTATIONS OF THE PARK OWNER OR

19  OPERATOR.  REFER TO THIS PROSPECTUS (OFFERING CIRCULAR) AND

20  ITS EXHIBITS FOR CORRECT REPRESENTATIONS.

21         4.  UPON DELIVERY OF THE PROSPECTUS TO A PROSPECTIVE

22  LESSEE, THE RENTAL AGREEMENT IS VOIDABLE BY THE LESSEE FOR A

23  PERIOD OF 15 DAYS.

24         Section 5.  Subsection (4) and paragraph (a) of

25  subsection (5) of section 723.037, Florida Statutes, are

26  amended to read:

27         723.037  Lot rental increases; reduction in services or

28  utilities; change in rules and regulations; mediation.--

29         (4)(a)  A committee, not to exceed five in number,

30  designated by a majority of the affected mobile home owners or

31  by the board of directors of the homeowners' association, if


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  1  applicable, and the park owner shall meet, at a mutually

  2  convenient time and place within 30 days after receipt by the

  3  homeowners of the notice of change, to discuss the reasons for

  4  the increase in lot rental amount, reduction in services or

  5  utilities, or change in rules and regulations.

  6         (b)  At the meeting, the park owner or subdivision

  7  developer shall in good faith disclose and explain all

  8  material factors resulting in the decision to increase the lot

  9  rental amount, reduce services or utilities, or change rules

10  and regulations, including how those factors justify the

11  specific change proposed. The park owner or subdivision

12  developer may not limit the discussion of the reasons for the

13  change to generalities only, such as, but not limited to,

14  increases in operational costs, changes in economic

15  conditions, or rents charged by comparable mobile home parks.

16  For example, if the reason for an increase in lot rental

17  amount is an increase in operational costs, the park owner

18  must disclose the item or items which have increased, the

19  amount of the increase, any similar item or items which have

20  decreased, and the amount of the decrease. If an increase is

21  based upon the lot rental amount charged by comparable mobile

22  home parks, the park owner shall disclose, and provide in

23  writing to the committee at or before the meeting, the name,

24  address, lot rental amount, and any other relevant factors

25  relied upon by the park owner, such as facilities, services,

26  and amenities, concerning the comparable mobile home parks

27  relied upon by the park owner. The park owner shall prepare a

28  written summary of the material factors and retain a copy for

29  3 years. The park owner shall provide the committee a copy of

30  the summary at or before the meeting.

31  


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  1         (c)  If the committee disagrees with a park owner's lot

  2  rental amount increase based upon comparable mobile home

  3  parks, the committee shall disclose to the park owner the

  4  name, address, lot rental amount, and any other relevant

  5  factors relied upon by the committee, such as facilities,

  6  services, and amenities, concerning the comparable mobile home

  7  parks.  The committee shall provide to the park owner the

  8  disclosure, in writing, within 15 days after the meeting with

  9  the park owner, together with a request for a second meeting.

10         (d)  The committee and the park owner may mutually

11  agree, in writing, to extend or continue any meetings required

12  by this section.

13         (e)  Either party may prepare and use additional

14  information to support its position during or subsequent to

15  the meetings required by this section.

16         (5)(a)  Within 30 days after the date of the last

17  scheduled meeting described in subsection (4), the homeowners

18  may petition the division to initiate mediation of the dispute

19  pursuant to s. 723.038 if a majority of the affected

20  homeowners have designated, in writing, that:

21         1.  The rental increase is unreasonable;

22         2.  The rental increase has made the lot rental amount

23  unreasonable;

24         3.  The decrease in services or utilities is not

25  accompanied by a corresponding decrease in rent or is

26  otherwise unreasonable; or

27         4.  The change in the rules and regulations is

28  unreasonable.

29         Section 6.  Section 723.061, Florida Statutes, is

30  amended to read:

31         723.061  Eviction; grounds, proceedings.--


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  1         (1)  A mobile home park owner may evict a mobile home

  2  owner or a mobile home only on one or more of the grounds

  3  provided in this section.

  4         (a)  Nonpayment of lot rental amount.  If a mobile home

  5  owner fails to pay the lot rental amount when due and if the

  6  default continues for 5 days after delivery of a written

  7  demand by the mobile home park owner for payment of the lot

  8  rental amount, the park owner may terminate the tenancy.

  9  However, if the mobile home owner pays the lot rental amount

10  due, including any late charges, court costs, and attorney's

11  fees, the court may, for good cause, deny the order of

12  eviction, provided such nonpayment has not occurred more than

13  twice.

14         (b)  Conviction of a violation of a federal or state

15  law or local ordinance, which violation may be deemed

16  detrimental to the health, safety, or welfare of other

17  residents of the mobile home park.

18         (c)  Violation of a park rule or regulation, the rental

19  agreement, or this chapter.

20         1.  For the first violation of any properly promulgated

21  rule or regulation, rental agreement provision, or this

22  chapter which is found by any court having jurisdiction

23  thereof to have been an act which endangered the life, health,

24  safety, or property of the park residents or the peaceful

25  enjoyment of the mobile home park by its residents, the mobile

26  home park owner may terminate the rental agreement, and the

27  mobile home owner will have 7 days from the date that the

28  notice is delivered to vacate the premises.

29         2.  For a second violation of the same properly

30  promulgated rule or regulation, rental agreement provision, or

31  this chapter within 12 months, the mobile home park owner may


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  1  terminate the tenancy if she or he has given the mobile home

  2  owner written notice within 30 days of the first violation,

  3  which notice specified the actions of the mobile home owner

  4  which caused the violation and gave the mobile home owner 7

  5  days to correct the noncompliance. The mobile home owner must

  6  have received written notice of the ground upon which she or

  7  he is to be evicted at least 30 days prior to the date on

  8  which she or he is required to vacate.  A second violation of

  9  a properly promulgated rule or regulation, rental agreement

10  provision, or this chapter within 12 months of the first

11  violation is unequivocally a ground for eviction, and it is

12  not a defense to any eviction proceeding that a violation has

13  been cured after the second violation.  Violation of a rule or

14  regulation, rental agreement provision, or this chapter after

15  the passage of 1 year from the first violation of the same

16  rule or regulation, rental agreement provision, or this

17  chapter does not constitute a ground for eviction under this

18  section.

19  

20  No properly promulgated rule or regulation may be arbitrarily

21  applied and used as a ground for eviction.

22         (d)  Change in use of the land comprising the mobile

23  home park, or the portion thereof from which mobile homes are

24  to be evicted, from mobile home lot rentals to some other use,

25  provided all tenants affected are given at least 6 months' 1

26  year's notice of the projected change of use and of their need

27  to secure other accommodations. The park owner may not give a

28  notice of increase in lot rental amount within 90 days before

29  giving notice of a change in use.

30         (e)  Failure of the purchaser of a mobile home situated

31  in the mobile home park to be qualified as, and to obtain


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  1  approval to become, a tenant, if such approval is required by

  2  a properly promulgated rule.

  3         (2)  In the event of eviction for change of land use,

  4  homeowners must object to the change in land use by

  5  petitioning for administrative or judicial remedies within 90

  6  days of the date of the notice or they will be barred from

  7  taking any subsequent action to contest the change in land

  8  use. This provision shall not be construed to prevent any

  9  homeowner from objecting to a zoning change at any time.

10         (a)  Within 90 days from the time the park owner gives

11  the 1-year notice, she or he shall notify the homeowner of her

12  or his election to either buy the mobile home, relocate the

13  mobile home to another park owned by the park owner, or pay to

14  relocate the mobile home to another mobile home park, as

15  follows:

16         1.  Pay as damages the actual cost, including setup

17  fees, to move an evicted mobile home, with comparable and any

18  required appurtenances, to a comparable mobile home park

19  within a 50-mile radius of the mobile home park or other

20  distance agreed upon by the park owner and mobile home owner.

21  Since the amount of damages that a homeowner will suffer due

22  to the change in land use by the park owner cannot be easily

23  estimated and would be difficult and expensive to determine,

24  it is the intent of the Legislature that the payment contained

25  herein be considered in the nature of liquidated damages and

26  not a penalty.  It is the intent of the Legislature that the

27  liquidated damages to which the mobile home owner is entitled

28  be limited to the damages defined in this subparagraph only

29  for so long as this subsection remains in effect. The

30  liquidated damages apply only to the harm incurred by the

31  homeowner for having to relocate, and this provision shall not


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  1  preclude incidental damages that might occur in relocating the

  2  mobile home;

  3         2.  Purchase the mobile home and all appurtenances

  4  thereto at a value to be determined as follows:

  5         a.  A mutually agreed upon appraiser will assess the

  6  book value of the mobile home and cash value of all

  7  appurtenances thereto and the market value of the mobile home

  8  as situated immediately prior to the notice of change in land

  9  use.  Any nationally recognized publication for valuation of

10  mobile and manufactured homes shall be used as a guide for

11  determining such value.

12         b.  The homeowner will be entitled to the book value of

13  the mobile home and cash value of the appurtenances.

14         c.  The homeowner will also be entitled to the

15  following portion of the difference between the book value and

16  cash value of the appurtenances and the market value of the

17  mobile home.  If the homeowner has resided in the mobile home

18  at the time of notice of land use change by the park owner:

19         0 years up to 5 years........................40 percent

20         5 years up to 15 years.......................60 percent

21         15 years up to 20 years......................80 percent

22         20 years or more............................100 percent

23         d.  The homeowner who has become a resident of the park

24  within 0-5 years of the notice of change in land use shall be

25  entitled, in addition to the compensation set forth above, to

26  60 percent of the difference between the book value and the

27  market value of the mobile home.

28         e.  Between the date of the appraisals referred to in

29  this subsection and the delivery of title and possession of

30  the mobile home and all appurtenances thereto to the park

31  owner, the mobile home and the appurtenances shall be


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  1  maintained by the homeowner in the condition existing on the

  2  date of the appraisals, ordinary wear and tear excepted; or

  3         3.  Reach a mutually agreed to settlement between the

  4  park owner and the homeowner.

  5         (b)  Either the mobile home owner or the park owner may

  6  apply to the circuit court in the county where the mobile home

  7  lot is located for purposes of selecting an appraiser to

  8  determine the value of the mobile home and appurtenances or

  9  for resolution of any other dispute arising under this

10  subsection.

11         (c)  In any dispute in a circuit court regarding the

12  value of the mobile home as appraised pursuant to this

13  subsection, the court shall determine the amount to be

14  deposited into the registry of the court as will fully secure

15  and fully compensate the homeowner as ultimately determined by

16  the final judgment.  The court shall fix the time within which

17  and the terms upon which the homeowner shall be required to

18  surrender possession and title to the park owner. The order of

19  the court shall not become effective unless the deposit of the

20  required sum is made in the registry of the court.

21         (3)(d)  The provisions of s. 723.083 shall not be

22  applicable to any park where the provisions of this subsection

23  apply.

24         (4)(3)  A mobile home park owner applying for the

25  removal of a mobile home owner or a mobile home, or both,

26  shall file, in the county court in the county where the mobile

27  home lot is situated, a complaint describing the lot and

28  stating the facts that authorize the removal of the mobile

29  home owner and the mobile home.  The park owner is entitled to

30  the summary procedure provided in s. 51.011, and the court

31  shall advance the cause on the calendar.


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  1         (5)(4)  Any notice required by this section must be in

  2  writing, and must be posted on the premises and sent to the

  3  mobile home owner by certified or registered mail, return

  4  receipt requested, addressed to the mobile home owner at her

  5  or his last known address.  Delivery of the mailed notice

  6  shall be deemed given 5 days after the date of postmark.

  7         Section 7.  Section 723.0611, Florida Statutes, is

  8  created to read:

  9         723.0611  Florida Mobile Home Relocation Corporation.--

10         (1)  There is created the Florida Mobile Home

11  Relocation Corporation. The corporation shall be administered

12  by a board of directors made up of six members, three of whom

13  shall be appointed by the Secretary of Business and

14  Professional Regulation from a list of nominees submitted by

15  the largest nonprofit association representing mobile home

16  owners in this state, and three of whom shall be appointed by

17  the Secretary of Business and Professional Regulation from a

18  list of nominees submitted by the largest nonprofit

19  association representing the manufactured housing industry in

20  this state. All members of the board of directors, including

21  the chair, shall be appointed to serve for staggered 3-year

22  terms.

23         (2)(a)  The board of directors may employ or retain

24  such persons as are necessary to perform the administrative

25  and financial transactions and responsibilities of the

26  corporation and to perform other necessary and proper

27  functions not prohibited by law.

28         (b)  Members of the board of directors may be

29  reimbursed from moneys of the corporation for actual and

30  necessary expenses incurred by them as members but may not

31  otherwise be compensated for their services.


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  1         (c)  There shall be no liability on the part of, and no

  2  cause of action of any nature shall arise against, agents or

  3  employees of the corporation, members of the board of

  4  directors of the corporation, or representatives of the

  5  Division of Florida Land Sales, Condominiums, and Mobile Homes

  6  for any act or omission of the board of directors in the

  7  performance of their powers and duties under this section,

  8  unless such act or omission by such person is in intentional

  9  disregard of the rights of the claimant.

10         (d)  Meetings of the board of directors are subject to

11  the provisions of s. 286.011.

12         (3)  The board of directors shall:

13         (a)  Adopt a plan of operation and articles, bylaws,

14  and operating rules.

15         (b)  Establish procedures under which applicants for

16  payments from the corporation may have grievances reviewed by

17  an impartial body and reported to the board of directors.

18         (4)  The corporation may:

19         (a)  Sue or be sued.

20         (b)  Borrow from private finance sources in order to

21  meet the demands of the relocation program established in s.

22  723.0612.

23         Section 8.  Section 723.0612, Florida Statutes, is

24  created to read:

25         723.0612  Change in use; relocation expenses; payments

26  by park owner.--

27         (1)  If a mobile home owner is required to move due to

28  a change in use of the land comprising the mobile home park as

29  set forth in s. 723.061(1)(d) and complies with the

30  requirements of this section, the mobile home owner is

31  


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  1  entitled to payment from the Florida Mobile Home Relocation

  2  Corporation of:

  3         (a)  The amount of actual moving expenses of relocating

  4  the mobile home to a new location within a 50-mile radius of

  5  the vacated park, or

  6         (b)  The amount of $5,000 for a single-section mobile

  7  home or $10,000 for a multisection mobile home,

  8  

  9  whichever is less. Moving expenses include the cost of taking

10  down, moving, and setting up the mobile home in a new

11  location.

12         (2)  A mobile home owner shall not be entitled to

13  compensation under subsection (1) when:

14         (a)  The park owner moves a mobile home owner to

15  another space in the mobile home park or to another mobile

16  home park at the park owner's expense;

17         (b)  A mobile home owner is vacating the premises and

18  has informed the park owner or manager before notice of the

19  change in use has been given; or

20         (c)  A mobile home owner abandons the mobile home as

21  set forth in subsection (7).

22         (3)  Except as provided in subsection (7), in order to

23  obtain payment from the Florida Mobile Home Relocation

24  Corporation, the mobile home owner shall submit to the

25  corporation, with a copy to the park owner, an application for

26  payment which includes:

27         (a)  A copy of the notice of eviction due to change in

28  use; and

29         (b)  A contract with a moving or towing contractor for

30  the moving expenses for the mobile home.

31  


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  1         (4)  The Florida Mobile Home Relocation Corporation

  2  must approve payment within 15 days after receipt of the

  3  information set forth in subsection (3), or payment is deemed

  4  approved. A copy of the approval must be forwarded to the park

  5  owner with an invoice for payment. Upon approval, the

  6  corporation shall issue a voucher in the amount of the

  7  contract price for relocating the mobile home. The moving

  8  contractor may redeem the voucher from the corporation

  9  following completion of the relocation and upon approval of

10  the relocation by the mobile home owner.

11         (5)  Actions of the Florida Mobile Home Relocation

12  Corporation under this section are not subject to the

13  provisions of chapter 120 but are reviewable only by writ of

14  certiorari in the circuit court in the county in which the

15  claimant resides in the manner and within the time provided by

16  the Florida Rules of Appellate Procedure.

17         (6)  This section does not apply to any proceeding in

18  eminent domain under chapter 73 or chapter 74.

19         (7)  In lieu of collecting payment from the Florida

20  Mobile Home Relocation Corporation as set forth in subsection

21  (1), a mobile home owner may abandon the mobile home in the

22  mobile home park and collect an amount equal to one-fourth of

23  the maximum allowable moving expenses from the corporation as

24  long as the mobile home owner delivers to the park owner the

25  current title to the mobile home duly endorsed by the owner of

26  record and valid releases of all liens shown on the title. If

27  a mobile home owner chooses this option, the park owner shall

28  make payment to the corporation in an amount equal to

29  one-fourth of the maximum allowable moving expenses.

30         (8)  The Florida Mobile Home Relocation Corporation

31  shall not be liable to any person for recovery if funds are


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  1  insufficient to pay the amounts claimed. In any such event,

  2  the corporation shall keep a record of the time and date of

  3  its approval of payment to a claimant. If sufficient funds

  4  become available, the corporation shall pay the claimant whose

  5  unpaid claim is the earliest by time and date of approval.

  6         (9)  It is unlawful for any person or his or her agent

  7  to file any notice, statement, or other document required

  8  under this section which is false or contains any material

  9  misstatement of fact. Any person who violates this subsection

10  commits a misdemeanor of the second degree, punishable as

11  provided in s. 775.082 or s. 775.083.

12         Section 9.  Sections 6 and 7 of this act shall not

13  impair the contract providing for the method of purchase of

14  the mobile homes where the contracts for purchase were entered

15  into between the mobile home park owner and the mobile home

16  owners prior to the effective date of this act and the notices

17  of eviction are appropriately provided as required by chapter

18  723, Florida Statutes.

19         Section 10.  This act shall take effect July 1, 2001.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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