Senate Bill sb0442

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 442

    By Senators Latvala, Brown-Waite, Pruitt, Cowin, Posey,
    Carlton, Saunders, Campbell, Lee, Wasserman Schultz, Sullivan,
    Dyer, Burt, Geller, Sebesta, Miller, Mitchell, Constantine,
    Bronson and Crist


    19-193B-01

  1                      A bill to be entitled

  2         An act relating to the Florida Mobile Home Act;

  3         creating s. 723.0025, F.S.; establishing the

  4         mobile home owners' bill of rights; amending s.

  5         723.003, F.S.; defining the term "proportionate

  6         share"; amending s. 723.005, F.S.; providing

  7         for regulation by the Division of Florida Land

  8         Sales, Condominiums, and Mobile Homes; amending

  9         s. 723.006, F.S.; providing for additional

10         duties of the division; amending s. 723.011,

11         F.S.; requiring park owners and the division to

12         maintain specified records; amending s.

13         723.012, F.S.; providing that additional

14         information be included in a prospectus;

15         creating s. 723.015, F.S.; providing for notice

16         of rental agreements, rules and regulations,

17         and prospectuses; amending s. 723.021, F.S.;

18         authorizing the division to impose a civil

19         penalty for failure to meet the obligation of

20         good-faith and fair dealings; amending s.

21         723.022, F.S.; requiring maintenance of trees

22         and other vegetation by a mobile home park

23         owner; amending s. 723.033, F.S.; declaring

24         certain rental increases to be unreasonable;

25         amending s. 723.035, F.S.; authorizing

26         injunctive relief and a civil penalty; amending

27         s. 723.037, F.S.; providing procedures for

28         meetings that determine the status of changes

29         in lot rentals, services, utilities, or rules

30         and regulations; authorizing homeowners or park

31         owners to petition the division to investigate

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1         the obligation of good-faith and fair dealings;

  2         amending s. 723.059, F.S.; providing for the

  3         rights of a purchaser of a mobile home within a

  4         mobile home park; amending s. 723.061, F.S.;

  5         revising standards for determining a

  6         homeowner's rights when there is an eviction

  7         for change in land use; amending s. 723.071,

  8         F.S.; providing procedures for the sale of

  9         mobile home parks; amending s. 723.072, F.S.;

10         providing for an affidavit of compliance with

11         certain statutory requirements; amending s.

12         723.078, F.S.; providing quorum requirements

13         for homeowners' associations; amending s.

14         320.77, F.S.; redefining the term "mobile home

15         broker"; providing an effective date.

16

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

18

19         Section 1.  Section 723.0025, Florida Statutes, is

20  created to read:

21         723.0025  Moble home owners' bill of rights.--Mobile

22  home owners governed by this chapter are assured the following

23  basic rights as further set forth in this chapter:

24         (1)  The right to have full and fair disclosure of the

25  terms and conditions governing the occupancy of a mobile home

26  lot in a mobile home park and the right of access to records

27  and disclosure documents setting forth the terms and

28  conditions of occupancy.

29         (2)  The right to fair dealings in all leases, rental

30  increases, and rule changes and the right to full and fair

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1  participation in all discussions and negotiations with the

  2  owner of the mobile home park consistent with this act.

  3         (3)  The right to have full, fair, and accurate

  4  disclosure of the current and future financial obligations

  5  governing tenancy in the mobile home park.

  6         (4)  The right to protection of the personal property

  7  of mobile homeowners located in the park, including the right

  8  to just compensation if the use of the land is changed; the

  9  right for the mobile home owner to sell the mobile home

10  without interference from the mobile home park owner; and the

11  option to purchase the mobile home park if the park is offered

12  for sale by the owner or is proposed to be sold by the park

13  owner to an unsolicited buyer.

14         (5)  The right to use the common areas in the mobile

15  home park at reasonable times and for reasonable purposes free

16  from interference by the park owner and the right to organize

17  among mobile home owners without interference from the mobile

18  home park owner.

19         (6)  The right to enjoy a safe and peaceful park

20  environment and the right to have rules and regulations

21  applied equally, uniformly, and impartially to all who are

22  entitled to occupy the park.

23         Section 2.  Present subsections (11), (12), (13), and

24  (14) of section 723.003, Florida Statutes, are redesignated as

25  subsections (12), (13), (14), and (15), respectively, and a

26  new subsection (11) is added to that section to read:

27         723.003  Definitions.--As used in this chapter, the

28  following words and terms have the following meanings unless

29  clearly indicated otherwise:

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

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

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1  among the developed lots in the park the total costs for the

  2  necessary and actual direct costs and impact or hookup fees

  3  incurred for governmentally mandated capital improvements

  4  serving the recreational and common areas and all developed

  5  lots in the park.

  6         Section 3.  Section 723.005, Florida Statutes, is

  7  amended to read:

  8         723.005  Regulation by division.--The division has the

  9  power and duty to enforce and ensure compliance with the

10  provisions of this chapter and rules promulgated pursuant

11  hereto relating to the rental, development, and sale of mobile

12  home parks.  However, the division does not have the power or

13  duty to enforce mobile home park rules and regulations or to

14  enforce the provisions of ss. 723.022 and, 723.023, and

15  723.033.

16         Section 4.  Subsection (10) of section 723.006, Florida

17  Statutes, is amended and subsection (12) is added to that

18  section to read:

19         723.006  Powers and duties of division.--In performing

20  its duties, the division has the following powers and duties:

21         (10)  The division is authorized to require disclosures

22  to fully and fairly disclose all matters required by this

23  chapter. Among the disclosures, the division shall require

24  sample calculations of maximum rents to illustrate the

25  applicability of the prospectus provisions concerning rents on

26  a form provided by the division. If a park owner or operator,

27  in good faith, has attempted to comply with the requirements

28  of this chapter, and if, in fact, the park owner or operator

29  has substantially complied with the disclosure requirements of

30  this chapter, nonmaterial errors or omissions in the

31  disclosure materials shall not be actionable.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1         (12)  The division shall make annual, on-site

  2  inspections of the records of the park owner which are

  3  required to be kept and filed under this chapter.

  4         Section 5.  Subsection (1) of section 723.011, Florida

  5  Statutes, is amended to read:

  6         723.011  Disclosure prior to rental of a mobile home

  7  lot; prospectus, filing, approval.--

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

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

10  division.  Prior to entering into an enforceable rental

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

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

13  subsection does shall not be construed to invalidate those lot

14  rental agreements for which an approved prospectus was

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

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

17         1.  Filed a prospectus with the division prior to

18  entering into the lot rental agreement;

19         2.  Made a good faith effort to correct deficiencies

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

21  by the division, if one was set; and

22         3.  Delivered the approved prospectus to the mobile

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

24

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

26  rental agreement is invalid on other grounds and does shall

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

28  to preclude a mobile home owner from seeking any remedies

29  allowed by this chapter, including a determination that the

30  lot rental agreement or any part thereof is unreasonable.

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1         (b)  The division shall determine whether the proposed

  2  prospectus or offering circular is adequate to meet the

  3  requirements of this chapter and shall notify the park owner

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

  5  the division has found that either approved the prospectus or

  6  offering circular is adequate or has found specified

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

  8  either finding approve the prospectus or advise the park owner

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

10  to have been found adequate be approved.

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

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

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

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

15  $100.

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

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

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

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

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

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

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

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

24  $300.

25         (d)  The park owner shall maintain a copy of the rental

26  agreement, rules and regulations, and prospectus that applies

27  to each home owner or lot and shall maintain in the park a

28  copy of each prospectus for the park which is considered

29  adequate by the division and any amendments to the prospectus.

30

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1         (e)  The division shall maintain copies of each

  2  prospectus and all amendments to each prospectus which are

  3  considered adequate by the division.

  4         Section 6.  Paragraph (d) is added to subsection (9) of

  5  section 723.012, Florida Statutes, to read:

  6         723.012  Prospectus or offering circular.--The

  7  prospectus or offering circular, which is required to be

  8  provided by s. 723.011, must contain the following

  9  information:

10         (9)  An explanation of the manner in which the lot

11  rental amount will be raised, including, but not limited to:

12         (a)  Notification of the mobile home owner at least 90

13  days in advance of the increase.

14         (b)  Disclosure of any factors which may affect the lot

15  rental amount, including, but not limited to:

16         1.  Water rates.

17         2.  Sewer rates.

18         3.  Waste disposal rates.

19         4.  Maintenance costs, including costs of deferred

20  maintenance.

21         5.  Management costs.

22         6.  Property taxes.

23         7.  Major repairs or improvements.

24         8.  Any other fees, costs, entrance fees, or charges to

25  which the mobile home owner may be subjected.

26         (c)  Disclosure of the manner in which the pass-through

27  charges will be assessed.

28         (d)  A sample calculation of the maximum increases in

29  the lot rental amount permitted by the prospectus which may

30  occur over a 5-year period, commencing on the date that the

31  mobile home owner first occupies a lot in the mobile home

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1  park. The sample calculations must be made on a form

  2  prescribed by the division.

  3         Section 7.  Section 723.015, Florida Statutes, is

  4  created to read:

  5         723.015  Notice of rental agreement, rules, and

  6  prospectus.--

  7         (1)  Before January 1, 2002, and permanently

  8  thereafter, a copy of the applicable rental agreement, rules

  9  and regulations, and prospectus as to each home owner or lot

10  must be maintained by the park owner and be available for

11  inspection in the park office or in a central information

12  site, such as the recreation hall or club house.

13         (2)  The home owner may request that the park owner

14  provide a copy of the rental agreement, rules and regulations,

15  and prospectus applicable to his or her lot.

16         (3)  The park owner may charge the home owner for the

17  actual costs of preparing and copying any copy provided, and

18  the home owner may be required to sign a receipt acknowledging

19  delivery of the prospectus, rules and regulations, and rental

20  agreement. Within 14 days after the date of receipt by the

21  home owner, the home owner shall notify the park owner in

22  writing of any differences in the rental agreement, rules and

23  regulations, and prospectus deemed by the park owner to be

24  applicable to the home owner under s. 723.011(2). The home

25  owner shall provide a copy of the documents to the park owner

26  which the home owner contends are applicable to the mobile

27  home owner.

28         (4)  Within 14 days after receipt of the home owner's

29  written objections, the park owner shall notify the home owner

30  in writing by certified mail, return receipt requested, that

31  the documents provided by the home owner are the appropriate

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1  prospectus, rental agreement, and rules and regulations

  2  delivered under s. 723.011(2) or that the park owner agrees in

  3  part or disagrees with the home owner's position.

  4         (5)  This section is intended to correct problems

  5  concerning prospectus recordkeeping experienced by the

  6  division, park owners, and home owners.

  7         (6)  The division, park owners, and home owners shall

  8  cooperate to assure that a complete and accurate copy of the

  9  prospectus, rental agreement, and rules and regulations

10  applicable to each lot is obtained by the park owner, is

11  available to the home owner, and is filed with the division.

12         Section 8.  Section 723.021, Florida Statutes, is

13  amended to read:

14         723.021  Obligation of good faith and fair dealings;

15  civil penalty.--Every rental agreement or duty within this

16  chapter imposes an obligation of good faith and fair dealings

17  in its performance or enforcement. If the division determines

18  that a party has failed to meet the obligation of good-faith

19  and fair dealings as required by this section, it may impose a

20  civil penalty against the party failing to meet the obligation

21  in an amount not to exceed $5,000. If either party to a

22  dispute under this chapter seeks may seek an order from a

23  court of competent jurisdiction finding the other party has

24  not complied with the obligations of good faith and fair

25  dealings and if there is. Upon such a finding, the court shall

26  award reasonable costs and attorney's fees to the prevailing

27  party for proving the noncompliance.

28         Section 9.  Subsection (2) of section 723.022, Florida

29  Statutes, is amended to read:

30         723.022  Mobile home park owner's general

31  obligations.--A mobile home park owner shall at all times:

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1         (2)  Maintain buildings and improvements in common

  2  areas in a good state of repair and maintenance and maintain

  3  the common areas in a good state of appearance, safety, and

  4  cleanliness. Maintain the trees and other vegetation not

  5  planted by a mobile home owner and assume responsibility for

  6  the removal of any vegetation or trees that threaten the

  7  safety of a mobile home.

  8         Section 10.  Subsection (5) of section 723.033, Florida

  9  Statutes, is amended to read:

10         723.033  Unreasonable lot rental agreements; increases,

11  changes.--

12         (5)  In determining market rent, the court may consider

13  rents charged by comparable mobile home parks in its

14  competitive area.  To be comparable, a mobile home park may

15  not be owned by the same park owner, and the park must offer

16  similar facilities, services, amenities, and management. A

17  rental increase that is not authorized by this section is

18  unreasonable, and if it is determined that the rental increase

19  was based upon a corporate policy, directive, or decision of

20  the park owner not authorized by this section, the increase

21  must be considered unreasonable.

22         Section 11.  Section 723.035, Florida Statutes, is

23  amended to read:

24         723.035  Rules and regulations; injunctive relief;

25  civil penalty.--

26         (1)  A copy of all rules and regulations shall be

27  posted in the recreation hall, if any, or in some other

28  conspicuous place in the park.

29         (2)  No rule or regulation shall provide for payment of

30  any fee, fine, assessment, or charge, except as otherwise

31  provided in the prospectus or offering circular filed under s.

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1  723.012, if one is required to be provided, and until after

  2  the park owner has complied with the procedure set forth in s.

  3  723.037.

  4         (3)  A mobile home owner, a mobile home homeowners'

  5  association, or a park owner may seek an injunction from the

  6  county court to prohibit a park owner, a mobile home owner, or

  7  a mobile home homeowners' association from violating the park

  8  rules and regulations. For purposes of this section, a mobile

  9  home owner, a mobile homeowners' association, or park owner is

10  not required to prove irreparable harm in order to obtain the

11  injunction, and the court may dispense with the requirement

12  for posting a bond. The injunction may be enforced by a civil

13  penalty of up to $100 per day and by contempt of court. This

14  section does not preclude a party to such an action from

15  seeking any other civil or criminal remedy available at law.

16         Section 12.  Subsections (4) and (5) of section

17  723.037, Florida Statutes, are amended to read:

18         723.037  Lot rental increases; reduction in services or

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

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

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

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

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

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

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

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

27  utilities, or change in rules and regulations. The committee

28  and the park owner may mutually agree, in writing, to extend

29  the time for the meeting or to continue the meeting beyond the

30  30 days.

31

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




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

  2  developer shall in good faith disclose and explain all

  3  material factors resulting in the decision to increase the lot

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

  5  and regulations, including how those factors justify the

  6  specific change proposed. The park owner or subdivision

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

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

  9  increases in operational costs, changes in economic

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

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

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

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

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

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

16  based upon the lot rental amount charged by comparable mobile

17  home parks, the park owner shall disclose the name, address,

18  lot rental amount, facilities, services, amenities,

19  management, and any other relevant factors concerning the

20  mobile home parks relied upon by the park owner. Comparable

21  mobile home parks may include those mobile home parks in the

22  competitive area of the subject park and must include any

23  comparable parks within 25 miles of the subject park. The park

24  owner is not required to list more than five comparable parks

25  within 25 miles of the subject park. The park owner shall

26  prepare a written summary of the material factors, deliver a

27  copy to the committee at or before the meeting, and retain a

28  copy for 3 years. The park owner shall provide the committee a

29  copy of the summary at the meeting.

30         (c)  If the committee disagrees with the park owner,

31  the committee shall provide a written response to the park

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1  owner identifying those matters that the committee has relied

  2  upon to determine that the lot rental amount increase is

  3  unreasonable, the change in the rules and regulations is

  4  unreasonable, or the reduction in services or utilities is

  5  unreasonable. If the committee based its decision on

  6  comparable mobile home parks, the committee shall disclose the

  7  name, address, lot rental amount, facilities, services,

  8  amenities, management, and any other relevant factors

  9  concerning the mobile home parks relied upon by the committee.

10  The committee shall provide the disclosure and written

11  responses to the park owner within 30 days after the meeting

12  with the park owner and request a second meeting with the park

13  owner, which must be held within 15 days after the park

14  owner's receipt of the committee's written response.

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

16  scheduled meeting date described in subsection (4), the

17  homeowners may petition the division to initiate mediation of

18  the dispute pursuant to s. 723.038 if a majority of the

19  affected homeowners have designated, in writing, that:

20         1.  The rental increase is unreasonable;

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

22  unreasonable;

23         3.  The decrease in services or utilities is not

24  accompanied by a corresponding decrease in rent or is

25  otherwise unreasonable; or

26         4.  The change in the rules and regulations is

27  unreasonable.

28         (b)  A park owner, within the same time period, may

29  also petition the division to initiate mediation of the

30  dispute.

31

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1         (c)  When a dispute involves a rental increase for

  2  different home owners and there are different rates or

  3  different rental terms for those home owners, all such rent

  4  increases in a calendar year for one mobile home park may be

  5  considered in one mediation proceeding.

  6         (d)  The homeowner or the park owner may petition the

  7  division to initiate an investigation to determine whether the

  8  other party has failed to meet its obligation of good-faith

  9  and fair dealings, and upon a determination that such

10  obligation has not been fulfilled, levy a fine as provided in

11  s. 723.021.

12         Section 13.  Subsections (1) and (3) of 723.059,

13  Florida Statutes, are amended to read:

14         723.059  Rights of purchaser.--

15         (1)  The purchaser of a mobile home within a mobile

16  home park may become a tenant of the park if such purchaser

17  would otherwise qualify with the requirements of entry into

18  the park under the park rules and regulations, subject to the

19  approval of the park owner, but such approval may not be

20  unreasonably withheld.

21         (3)  The purchaser of a mobile home who becomes a

22  resident of the mobile home park in accordance with this

23  section has the right to assume the remainder of the term of

24  any rental agreement then in effect between the mobile home

25  park owner and the seller and shall be entitled to rely on the

26  terms and conditions of the prospectus or offering circular as

27  delivered to the initial recipient. The seller shall provide

28  to the purchaser a prospectus governing the rental agreement

29  in effect on the date of the sale.

30         Section 14.  Paragraph (a) of subsection (2) of section

31  723.061, Florida Statutes, is amended to read:

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1         723.061  Eviction; grounds, proceedings.--

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

  3  homeowners must object to the change in land use by

  4  petitioning for administrative or judicial remedies within 90

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

  6  taking any subsequent action to contest the change in land

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

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

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

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

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

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

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

14  follows:

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

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

17  required appurtenances, to a comparable mobile home park

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

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

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

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

22  estimated and would be difficult and expensive to determine,

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

24  herein be considered in the nature of liquidated damages and

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

26  liquidated damages to which the mobile home owner is entitled

27  be limited to the damages defined in this subparagraph only

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

29  liquidated damages apply only to the harm incurred by the

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

31

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  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

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  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         Section 15.  Section 723.071, Florida Statutes, is

  6  amended to read:

  7         723.071  Sale of mobile home parks.--

  8         (1)(a)  If a mobile home park owner offers a mobile

  9  home park for sale, or receives a bona fide offer to purchase

10  the park which the owner intends to consider or make a

11  counteroffer to, she or he shall notify the officers of the

12  homeowners' association created pursuant to ss.

13  723.075-723.079 of the offer, stating the price and the terms

14  and conditions of sale.

15         (b)  The mobile home owners, by and through the

16  association defined in s. 723.075, shall have the right to

17  purchase the park if, provided the home owners meet the price

18  and terms and conditions of the offer to purchase or the offer

19  by the mobile home park owner to sell by executing a contract

20  with the park owner within 45 days, unless agreed to

21  otherwise, from the date of mailing of the notice and if

22  provided they have complied with ss. 723.075-723.079.  If a

23  contract between the park owner and the association is not

24  executed within the such 45-day period, then, unless the park

25  owner thereafter elects to offer the park at a price lower

26  than the price specified in the her or his notice to the

27  officers of the homeowners' association, the park owner has no

28  further obligations under this subsection, and has her or his

29  only the obligation shall be as set forth in subsection (2).

30         (c)  If the bona fide offer of purchase includes other

31  property or more than one mobile home park, the mobile home

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1  owners have the right to purchase the park in which they

  2  reside for the price, terms, and conditions as they relate to

  3  that park separate and apart from the other properties. The

  4  park owner shall notify the homeowners' association as

  5  required in paragraph (a), and shall separately state the

  6  price, terms, and conditions of each park that is a part of an

  7  offer consisting of more than one park.

  8         (2)(c)  If the park owner thereafter elects to offer

  9  the park at a price lower than the price specified in the her

10  or his notice to the home owners, the home owners, by and

11  through the association, must be given will have an additional

12  10 days to meet the price and terms and conditions of the park

13  owner by executing a contract.

14         (2)  If a mobile home park owner receives a bona fide

15  offer to purchase the park that she or he intends to consider

16  or make a counteroffer to, the park owner's only obligation

17  shall be to notify the officers of the homeowners' association

18  that she or he has received an offer and disclose the price

19  and material terms and conditions upon which she or he would

20  consider selling the park and consider any offer made by the

21  home owners, provided the home owners have complied with ss.

22  723.075-723.079. The park owner shall be under no obligation

23  to sell to the home owners or to interrupt or delay other

24  negotiations and shall be free at any time to execute a

25  contract for the sale of the park to a party or parties other

26  than the home owners or the association.

27         (3)(a)  As used in subsection subsections (1) and (2),

28  the term "notify" means the mailing placing of a notice by

29  certified in the United States mail addressed to the officers

30  of the homeowners' association. Each such notice is considered

31

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1  shall be deemed to have been given upon the deposit of the

  2  notice in the United States mail.

  3         (b)  As used in subsection (1), the term "offer" means

  4  any solicitation by the park owner to the general public.

  5         (4)  This section does not apply to:

  6         (a)  Any sale or transfer to a person who would be

  7  included within the table of descent and distribution if the

  8  park owner were to die intestate.

  9         (b)  Any transfer by gift, devise, or operation of law.

10         (c)  Any transfer by a corporation to an affiliate.  As

11  used herein, the term "affiliate" means any shareholder of the

12  transferring corporation; any corporation or entity owned or

13  controlled, directly or indirectly, by the transferring

14  corporation; or any other corporation or entity owned or

15  controlled, directly or indirectly, by any shareholder of the

16  transferring corporation.

17         (d)  Any transfer by a partnership to any of its

18  partners.

19         (e)  Any conveyance of an interest in a mobile home

20  park incidental to the financing of such mobile home park.

21         (f)  Any conveyance resulting from the foreclosure of a

22  mortgage, deed of trust, or other instrument encumbering a

23  mobile home park or any deed given in lieu of such

24  foreclosure.

25         (g)  Any sale or transfer between or among joint

26  tenants or tenants in common owning a mobile home park.

27         (h)  Any exchange of a mobile home park for other real

28  property, whether or not such exchange also involves the

29  payment of cash or other boot.

30         (i)  The purchase of a mobile home park by a

31  governmental entity under its powers of eminent domain.

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1         Section 16.  Subsection (1) of section 723.072, Florida

  2  Statutes, is amended to read:

  3         723.072  Affidavit of compliance with statutory

  4  requirements.--

  5         (1)  A park owner may at any time record, in the

  6  official records of the county where a mobile home park is

  7  situated, an affidavit in which the park owner certifies that:

  8         (a)  With reference to an offer by him or her for the

  9  sale of such park, he or she has complied with the provisions

10  of s. 723.071(1) and (2);

11         (b)  With reference to an offer received by him or her

12  for the purchase of such park, or with reference to a

13  counteroffer which he or she intends to make, or has made, for

14  the sale of such park, he or she has complied with the

15  provisions of s. 723.071 (1) and (2);

16         (c)  Notwithstanding his or her compliance with the

17  provisions of either subsection (1) or subsection (2) of s.

18  723.071, no contract has been executed for the sale of such

19  park between himself or herself and the park homeowners'

20  association;

21         (d)  The provisions of subsections (1) and (2) of s.

22  723.071 are inapplicable to a particular sale or transfer of

23  such park by him or her, and compliance with such subsections

24  is not required; or

25         (e)  A particular sale or transfer of such park is

26  exempted from the provisions of this section and s. 723.071.

27

28  Any party acquiring an interest in a mobile home park, and any

29  and all title insurance companies and attorneys preparing,

30  furnishing, or examining any evidence of title, have the

31  absolute right to rely on the truth and accuracy of all

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1  statements appearing in such affidavit and are under no

  2  obligation to inquire further as to any matter or fact

  3  relating to the park owner's compliance with the provisions of

  4  s. 723.071.

  5         Section 17.  Paragraph (b) of subsection (2) of section

  6  723.078, Florida Statutes, is amended to read:

  7         723.078  Bylaws of homeowners' associations.--In order

  8  for a homeowners' association to exercise the rights provided

  9  in s. 723.071, the bylaws of the association shall provide for

10  the following:

11         (2)  The bylaws shall provide and, if they do not,

12  shall be deemed to include, the following provisions:

13         (b)  A majority of the members shall constitute a

14  quorum unless the bylaws of the homeowners' association

15  provide that a lesser number of members constitute a quorum.

16  Decisions shall be made by a majority of members represented

17  at a meeting at which a quorum is present.  In addition,

18  provision shall be made in the bylaws for definition and use

19  of proxy.  Any proxy given shall be effective only for the

20  specific meeting for which originally given and any lawfully

21  adjourned meetings thereof.  In no event shall any proxy be

22  valid for a period longer than 120 days after the date of the

23  first meeting for which it was given. Every proxy shall be

24  revocable at any time at the pleasure of the member executing

25  it.

26         Section 18.  Paragraph (b) of subsection (1) of section

27  320.77, Florida Statutes, is amended to read:

28         320.77  License required of mobile home dealers.--

29         (1)  DEFINITIONS.--As used in this section:

30         (b)  "Mobile home broker" means any person who is

31  licensed under chapter 475 or is engaged in the business of

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 442
    19-193B-01




  1  offering to procure or procuring used mobile homes for the

  2  general public; who holds himself or herself out through

  3  solicitation, advertisement, or otherwise as one who offers to

  4  procure or procures used mobile homes for the general public;

  5  or who acts as the agent or intermediary on behalf of the

  6  owner or seller of a used mobile home which is for sale or who

  7  assists or represents the seller in finding a buyer for the

  8  mobile home.

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

10

11            *****************************************

12                          SENATE SUMMARY

13    Creates a mobile home owners' bill of rights within the
      Florida Mobile Home Act and amends various sections of
14    the act to comply with the bill of rights.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  22

CODING: Words stricken are deletions; words underlined are additions.