HB 1065 2003
1	CHAMBER ACTION
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6	The Committee on Finance & Tax recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to mobile home owners; amending s. 48.183,
12	F.S.; providing for service of process in an action for
13	possession of residential premises; creating s. 320.08015,
14	F.S.; providing for a license tax surcharge for deposit in
15	the Florida Mobile Home Relocation Trust Fund; amending s.
16	320.081, F.S.; conforming to the act; amending s. 715.101,
17	F.S.; including a reference to chapter 723, F.S., in the
18	Disposition of Personal Property Landlord and Tenant Act;
19	amending s. 723.007, F.S.; providing a surcharge under the
20	Florida Mobile Home Act on certain mobile home lots for
21	deposit in the Florida Mobile Home Relocation Trust Fund;
22	amending s. 723.023, F.S.; authorizing mobile home park
23	owners to charge a fee for the cost of cleanup or repair
24	of a mobile home or lot under certain circumstances;
25	amending s. 723.037, F.S.; prohibiting the filing of
26	certain actions in circuit court in the event that a
27	request for mediation has not been filed; amending s.
28	723.041, F.S.; providing for the placement of any size
29	used or new mobile home on a mobile home lot under certain
30	circumstances; amending s. 723.061, F.S.; revising
31	language to include reference to the eviction of a mobile
32	home tenant or a mobile home occupant; amending s.
33	723.0611, F.S.; providing that persons who receive
34	compensation from the Florida Mobile Home Relocation
35	Corporation shall not have a claim or cause of action
36	against the corporation or the park owner under certain
37	circumstances; amending s. 723.06115, F.S.; revising
38	language with respect to the Florida Mobile Home
39	Relocation Trust Fund; providing reference to the deposit
40	of certain surcharges into the trust fund; amending s.
41	723.06116, F.S.; increasing certain fees; providing an
42	additional situation in which a mobile home park owner is
43	not required to make certain payments and is not entitled
44	to certain compensation from the Florida Mobile Home
45	Relocation Corporation; amending s. 723.0612, F.S.;
46	revising language with respect to compensation from the
47	Florida Mobile Home Relocation Corporation; providing an
48	effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1. Subsection (1) of section 48.183, Florida
53	Statutes, is amended to read:
54	48.183 Service of process in action for possession of
55	premises.--
56	(1) In an action for possession of anyresidential
57	premises, including those under chapters 83, 723, and 513,or
58	nonresidential premises, if the tenant cannot be found in the
59	county or there is no person 15 years of age or older residing
60	at the tenant's usual place of abode in the county after at
61	least two attempts to obtain service as provided above in this
62	subsection, summons may be served by attaching a copy to a
63	conspicuous place on the property described in the complaint or
64	summons. The minimum time delay between the two attempts to
65	obtain service shall be 6 hours. Nothing herein shall be
66	construed as prohibiting service of process on a tenant as is
67	otherwise provided on defendants in civil cases.
68	Section 2. Section 320.08015, Florida Statutes, is created
69	to read:
70	320.08015 License tax surcharge.--
71	(1) Except as provided in subsection (2), there is levied
72	on each license tax imposed under s. 320.08(11), a surcharge in
73	the amount of $1, which shall be collected in the same manner as
74	the license tax and shall be deposited in the Florida Mobile
75	Home Relocation Trust Fund as created in s. 723.06115. This
76	surcharge may not be imposed during the next registration and
77	renewal period if the balance of the Florida Mobile Home
78	Relocation Trust Fund exceeds $10 million on June 30. The
79	surcharge shall be reinstated in the next registration and
80	renewal period if the balance of the Florida Mobile Home
81	Relocation Trust Fund is below $6 million on June 30.
82	(2) Any mobile home which is not located in a mobile home
83	park regulated under chapter 723 is exempt from the surcharge.
84	Section 3. Subsections (3), (4), and (5) of section
85	320.081, Florida Statutes, are amended to read:
86	320.081 Collection and distribution of annual license tax
87	imposed on the following type units.--
88	(3) The owner shall make application for such sticker in
89	the manner provided in s. 320.02, and the tax collectors in the
90	several counties of the state shall collect the license taxes
91	imposed by s. 320.08(10) and (11) and the license tax surcharge
92	imposed by s. 320.08015in the same manner and under the same
93	conditions and requirements as provided in s. 320.03.
94	(4) Each tax collector shall make prompt remittance of all
95	moneys collected by him or her to the department at such times
96	and in such manner as provided by law. Upon receipt of the
97	license taxes collected from the tax collectors of the several
98	counties, the department shall pay into the State Treasury for
99	deposit in the General Revenue Fund the sum of $1.50 on each
100	such sticker issued, and shall pay into the State Treasury for
101	deposit in the Florida Mobile Home Relocation Trust Fund $1 on
102	each sticker issued as provided in s. 320.08015. The balance
103	remaining shall be paid into a trust fund in the State Treasury
104	designated "License Tax Collection Trust Fund," and the moneys
105	so deposited shall be paid to the respective counties and cities
106	wherein such units governed by the provisions of this section
107	are located, regardless of where the license taxes are
108	collected, in the manner hereinafter provided.
109	(5) The department shall keep records showing the total
110	number of stickers issued to each type unit governed by this
111	section, the total amount of license taxes collected, and the
112	county or city wherein each such unit is located and shall from
113	month to month certify to the Chief Financial Officer
114	Comptrollerthe amount derived from license taxes in each county
115	and each city within the county. Such amount, less the amount of
116	$1.50 collected on each license and the $1 license tax surcharge
117	imposed by s. 320.08015, shall be paid to the counties and
118	cities within the counties wherein the unit or units are located
119	as follows: one-half to the district school board and the
120	remainder either to the board of county commissioners, for units
121	which are located within the unincorporated areas of the county,
122	or to any city within such county, for units which are located
123	within its corporate limits. Payment shall be by warrant drawn
124	by the Chief Financial OfficerComptrollerupon the treasury,
125	which amount is hereby appropriated monthly out of the License
126	Tax Collection Trust Fund.
127	Section 4. Subsection (1) of section 715.101, Florida
128	Statutes, is amended to read:
129	715.101 Application of ss. 715.10-715.111.--
130	(1) Sections 715.10-715.111 apply to all tenancies to
131	which chapter 723 orpart I or part II of chapter 83 are
132	applicable.
133	Section 5. Section 723.007, Florida Statutes, is amended
134	to read:
135	723.007 Annual fees; surcharge.--
136	(1)Each mobile home park owner shall pay to the division,
137	on or before October 1 of each year, an annual fee of $4 for
138	each mobile home lot within a mobile home park which he or she
139	owns. The division may, after December 31, 1993, by rule,
140	increase the amount of the annual fee to an amount not to exceed
141	$5 for each mobile home lot to fund operation of the division.
142	If the fee is not paid by December 31, the mobile home park
143	owner shall be assessed a penalty of 10 percent of the amount
144	due, and he or she shall not have standing to maintain or defend
145	any action in the courts of this state until the amount due,
146	plus any penalty, is paid.
147	(2) There is levied on each annual fee imposed under
148	subsection (1) a surcharge in the amount of $1. The surcharge
149	shall be collected in the same manner as the annual fee and
150	shall be deposited in the Florida Mobile Home Relocation Trust
151	Fund. Collection of the surcharge shall begin during the first
152	calendar year after this subsection takes effect. This surcharge
153	may not be imposed during the next calendar year if the balance
154	in the trust fund exceeds $10 million on June 30. The surcharge
155	shall be reinstated in the next calendar year if the balance in
156	the trust fund is below $6 million on June 30. The surcharge
157	imposed by this subsection may not be imposed as a separate
158	charge, regardless of any disclosure in the prospectus.
159	Section 6. Section 723.023, Florida Statutes, is amended
160	to read:
161	723.023 Mobile home owner's general obligations.--
162	(1)A mobile home owner shall at all times:
163	(a)(1)Comply with all obligations imposed on mobile home
164	owners by applicable provisions of building, housing, and health
165	codes.
166	(b)(2)Keep the mobile home lot which he or she occupies
167	clean and sanitary.
168	(c)(3)Comply with properly promulgated park rules and
169	regulations and require other persons on the premises with his
170	or her consent to comply therewith and to conduct themselves in
171	a manner that does not unreasonably disturb other residents of
172	the park or constitute a breach of the peace.
173	(2) Notwithstanding any other provision of this chapter, a
174	park owner may charge a fee for the cost of cleanup or repair of
175	the exterior of the mobile home, the appurtenances to the mobile
176	home, or any improvements to the mobile home lot, so long as
177	such obligation to maintain the exterior of the mobile home, the
178	appurtenances to the mobile home, or the mobile home lot is an
179	obligation imposed upon the mobile home owners by a promulgated
180	rule or regulation, the rental agreement, or the prospectus, and
181	notice has been mailed to the mobile home owner at least 14 days
182	prior to cleanup or repair of the exterior of the mobile home,
183	the appurtenances to the mobile home, or the mobile home lot.
184	The park owner’s remedy for the home owner’s failure to pay such
185	a charge shall be by an action in county court in an amount of
186	money up to the jurisdiction of small claims.
187	Section 7. Subsection (6) of section 723.037, Florida
188	Statutes, is amended to read:
189	723.037 Lot rental increases; reduction in services or
190	utilities; change in rules and regulations; mediation.--
191	(6) If a party requests mediation and the opposing party
192	refuses to agree to mediate upon proper request, the party
193	refusing to mediate shall not be entitled to attorney's fees in
194	any action relating to a dispute described in this section. In
195	the event that mediation of a dispute concerning any matters
196	addressed in this section was not requested in accordance with
197	this section, neither party shall have the right to file an
198	action in circuit court, as provided in s. 723.0381, on such
199	matters. This section is intended to require the resolution of
200	disputes by mediation and to require that a timely request for
201	mediation be made by any party who is disputing any of the
202	matters addressed in this section.
203	Section 8. Subsection (4) is added to section 723.041,
204	Florida Statutes, to read:
205	723.041 Entrance fees; refunds; exit fees prohibited;
206	replacement homes.--
207	(4) Except as expressly preempted by the requirements of
208	the Department of Highway Safety and Motor Vehicles, a mobile
209	home owner or the park owner shall be authorized pursuant to
210	this section to site any size new or used mobile home and
211	appurtenances on a mobile home lot in accordance with the lot
212	sizes, separation and setback distances, and other requirements
213	in effect at the time of the approval of the mobile home park.
214	Section 9. Subsections (1), (4), and (5) of section
215	723.061, Florida Statutes, are amended to read:
216	723.061 Eviction; grounds, proceedings.--
217	(1) A mobile home park owner may evict a mobile home
218	owner, a mobile home tenant, a mobile home occupant,or a mobile
219	home only on one or more of the grounds provided in this
220	section.
221	(a) Nonpayment of lot rental amount. If a mobile home
222	owner or tenant, whoever is responsible,fails to pay the lot
223	rental amount when due and if the default continues for 5 days
224	after delivery of a written demand by the mobile home park owner
225	for payment of the lot rental amount, the park owner may
226	terminate the tenancy. However, if the mobile home owner or
227	tenant, whoever is responsible,pays the lot rental amount due,
228	including any late charges, court costs, and attorney's fees,
229	the court may, for good cause, deny the order of eviction,
230	provided such nonpayment has not occurred more than twice.
231	(b) Conviction of a violation of a federal or state law or
232	local ordinance, which violation may be deemed detrimental to
233	the health, safety, or welfare of other residents of the mobile
234	home park. The mobile home owner or mobile home tenant will have
235	7 days from the date that notice to vacate is delivered to
236	vacate the premises. This paragraph shall be grounds to deny an
237	initial tenancy of a purchaser of a home pursuant to paragraph
238	(e) or to evict an unapproved occupant of a home.
239	(c) Violation of a park rule or regulation, the rental
240	agreement, or this chapter.
241	1. For the first violation of any properly promulgated
242	rule or regulation, rental agreement provision, or this chapter
243	which is found by any court having jurisdiction thereof to have
244	been an act which endangered the life, health, safety, or
245	property of the park residents or employeesor the peaceful
246	enjoyment of the mobile home park by its residents, the mobile
247	home park owner may terminate the rental agreement, and the
248	mobile home owner, tenant, or occupantwill have 7 days from the
249	date that the notice is delivered to vacate the premises.
250	2. For a second violation of the same properly promulgated
251	rule or regulation, rental agreement provision, or this chapter
252	within 12 months, the mobile home park owner may terminate the
253	tenancy if she or he has given the mobile home owner, tenant, or
254	occupantwritten notice within 30 days of the first violation,
255	which notice specified the actions of the mobile home owner,
256	tenant, or occupantwhich caused the violation and gave the
257	mobile home owner, tenant, or occupant7 days to correct the
258	noncompliance. The mobile home owner, tenant, or occupantmust
259	have received written notice of the ground upon which she or he
260	is to be evicted at least 30 days prior to the date on which she
261	or he is required to vacate. A second violation of a properly
262	promulgated rule or regulation, rental agreement provision, or
263	this chapter within 12 months of the first violation is
264	unequivocally a ground for eviction, and it is not a defense to
265	any eviction proceeding that a violation has been cured after
266	the second violation. Violation of a rule or regulation, rental
267	agreement provision, or this chapter after the passage of 1 year
268	from the first violation of the same rule or regulation, rental
269	agreement provision, or this chapter does not constitute a
270	ground for eviction under this section.
271
272	No properly promulgated rule or regulation may be arbitrarily
273	applied and used as a ground for eviction.
274	(d) Change in use of the land comprising the mobile home
275	park, or the portion thereof from which mobile homes are to be
276	evicted, from mobile home lot rentals to some other use,
277	provided all tenants affected are given at least 6 months'
278	notice of the projected change of use and of their need to
279	secure other accommodations. The park owner may not give a
280	notice of increase in lot rental amount within 90 days before
281	giving notice of a change in use.
282	(e) Failure of the purchaser, prospective tenant, or
283	occupantof a mobile home situated in the mobile home park to be
284	qualified as, and to obtain approval to become, a tenant or
285	occupant of the home, if such approval is required by a properly
286	promulgated rule. If a purchaser or prospective tenant of a
287	mobile home situated in the mobile home park occupies the mobile
288	home before approval is granted, the mobile home owner or mobile
289	home tenant will have 7 days from the date the notice of the
290	failure to be approved for tenancy is delivered to vacate the
291	premises.
292	(4) A mobile home park owner applying for the removal of a
293	mobile home owner, tenant, occupant, or a mobile home, or both,
294	shall file, in the county court in the county where the mobile
295	home lot is situated, a complaint describing the lot and stating
296	the facts that authorize the removal of the mobile home owner,
297	tenant, occupant, orandthe mobile home. The park owner is
298	entitled to the summary procedure provided in s. 51.011, and the
299	court shall advance the cause on the calendar.
300	(5) Any notice required by this section must be in
301	writing, and must be posted on the premises and sent to the
302	mobile home owner and tenant or occupant, as appropriate,by
303	certified or registered mail, return receipt requested,
304	addressed to the mobile home owner, tenant, or occupant, as
305	appropriate,at her or his last known address. Delivery of the
306	mailed notice shall be deemed given 5 days after the date of
307	postmark.
308	Section 10. Paragraph (e) is added to subsection (2) of
309	section 723.0611, Florida Statutes, to read:
310	723.0611 Florida Mobile Home Relocation Corporation.--
311	(2)
312	(e) Any person who receives compensation from the
313	corporation or the park owner pursuant to ss. 723.061-723.0612
314	shall not have a cause of action against the corporation or the
315	park owner for any claim arising under the rights, duties, and
316	obligations of the corporation or park owner in ss. 723.061-
317	723.0612.
318	Section 11. Subsection (1) of section 723.06115, Florida
319	Statutes, is amended to read:
320	723.06115 Florida Mobile Home Relocation Trust Fund.--
321	(1) There is established within the Department of Business
322	and Professional Regulation the Florida Mobile Home Relocation
323	Trust Fund, to be used by the department for the purpose of
324	funding the administration and operations of the Florida Mobile
325	Home Relocation Corporation. All interest earned from the
326	investment or deposit of moneys in the trust fund shall be
327	deposited in the trust fund. The trust fund shall be funded from
328	the moneys collected by the department under s. 723.06116 from
329	mobile home park owners who change the use of their mobile home
330	parks; the surcharge collected by the department under s.
331	723.007(2); the surcharge collected by the Department of Highway
332	Safety and Motor Vehicles;and by other appropriated funds.
333	Section 12. Subsection (1) of section 723.06116, Florida
334	Statutes, is amended and paragraph (d) is added to subsection
335	(2) of said section, to read:
336	723.06116 Payments to the Florida Mobile Home Relocation
337	Corporation.--
338	(1) If a mobile home owner is required to move due to
339	a change in use of the land comprising a mobile home park as set
340	forth in s. 723.061(1)(d), the mobile home park owner shall,
341	upon such change in use, pay to the Florida Mobile Home
342	Relocation Corporation for deposit in the Florida Mobile Home
343	Relocation Trust Fund $2,750$2,000for each single-section
344	mobile home and $3,750$2,500for each multisection mobile home
345	for which a mobile home owner has made application for payment
346	of moving expenses. The mobile home park shall make the payments
347	required by this section and by s. 723.0612(7) to the
348	corporation within 30 days after receipt from the corporation of
349	the invoice for payment.
350	(2) A mobile home park owner is not required to make the
351	payment prescribed in subsection (1), nor is the mobile home
352	owner entitled to compensation under s. 723.0612(1), when:
353	(d) The mobile home owner has a pending eviction action
354	for nonpayment of lot rental amount pursuant to s. 723.061(1)(a)
355	which was filed against him or her prior to the mailing date of
356	the notice of change in use of the mobile home park given
357	pursuant to s. 723.061(1)(d).
358	Section 13. Section 723.0612, Florida Statutes, is amended
359	to read:
360	723.0612 Change in use; relocation expenses; payments by
361	park owner.--
362	(1) If a mobile home owner is required to move due to a
363	change in use of the land comprising the mobile home park as set
364	forth in s. 723.061(1)(d) and complies with the requirements of
365	this section, the mobile home owner is entitled to payment from
366	the Florida Mobile Home Relocation Corporation of:
367	(a) The amount of actual moving expenses of relocating the
368	mobile home to a new location within a 50-mile radius of the
369	vacated park, or
370	(b) The amount of $3,000$5,000for a single-section
371	mobile home or $6,000$10,000for a multisection mobile home,
372	whichever is less. Moving expenses include the cost of taking
373	down, moving, and setting up the mobile home in a new location.
374	(2) A mobile home owner shall not be entitled to
375	compensation under subsection (1) when:
376	(a) The park owner moves a mobile home owner to another
377	space in the mobile home park or to another mobile home park at
378	the park owner's expense;
379	(b) A mobile home owner is vacating the premises and has
380	informed the park owner or manager before notice of the change
381	in use has been given; or
382	(c) A mobile home owner abandons the mobile home as set
383	forth in subsection (7); or
384	(d) The mobile home owner has a pending eviction action
385	for nonpayment of lot rental amount pursuant to s. 723.061(1)(a)
386	which was filed against him or her prior to the mailing date of
387	the notice of change in use of the mobile home park given
388	pursuant to s. 723.061(1)(d).
389	(3) Except as provided in subsection (7), in order to
390	obtain payment from the Florida Mobile Home Relocation
391	Corporation, the mobile home owner shall submit to the
392	corporation, with a copy to the park owner, an application for
393	payment which includes:
394	(a) A copy of the notice of eviction due to change in use;
395	and
396	(b) A contract with a moving or towing contractor for the
397	moving expenses for the mobile home.
398	(4) The Florida Mobile Home Relocation Corporation must
399	approve payment within 45 days after receipt of the information
400	set forth in subsection (3), or payment is deemed approved. A
401	copy of the approval must be forwarded to the park owner with an
402	invoice for payment. Upon approval, the corporation shall issue
403	a voucher in the amount of the contract price for relocating the
404	mobile home. The moving contractor may redeem the voucher from
405	the corporation following completion of the relocation and upon
406	approval of the relocation by the mobile home owner.
407	(5) Actions of the Florida Mobile Home Relocation
408	Corporation under this section are not subject to the provisions
409	of chapter 120 but are reviewable only by writ of certiorari in
410	the circuit court in the county in which the claimant resides in
411	the manner and within the time provided by the Florida Rules of
412	Appellate Procedure.
413	(6) This section does not apply to any proceeding in
414	eminent domain under chapter 73 or chapter 74.
415	(7) In lieu of collecting payment from the Florida Mobile
416	Home Relocation Corporation as set forth in subsection (1), a
417	mobile home owner may abandon the mobile home in the mobile home
418	park and collect $1,375 for a single section and $2,750 for a
419	multisectionan amount equal to one-fourth of the maximum
420	allowable moving expensesfrom the corporation as long as the
421	mobile home owner delivers to the park owner the current title
422	to the mobile home duly endorsed by the owner of record and
423	valid releases of all liens shown on the title. If a mobile home
424	owner chooses this option, the park owner shall make payment to
425	the corporation in an amount equal to one-fourth of the maximum
426	allowable moving expenses. The mobile home owner’s application
427	for funds under this subsection shall require the submission of
428	a document signed by the park owner stating that the home has
429	been abandoned under this subsection and that the park owner
430	agrees to make payment to the corporation in the amount provided
431	to the home owner under this section. However, in the event
432	that the required documents are not submitted with the
433	application, the corporation may consider the facts and
434	circumstances surrounding the abandonment of the home to
435	determine whether the mobile home owner is entitled to payment
436	pursuant to this section.
437	(8) The Florida Mobile Home Relocation Corporation shall
438	not be liable to any person for recovery if funds are
439	insufficient to pay the amounts claimed. In any such event, the
440	corporation shall keep a record of the time and date of its
441	approval of payment to a claimant. If sufficient funds become
442	available, the corporation shall pay the claimant whose unpaid
443	claim is the earliest by time and date of approval.
444	(9) Any person whose application for funding pursuant to
445	subsection (1) or subsection (7) is approved for payment by the
446	corporation shall be barred from asserting any claim or cause of
447	action under this chapter directly relating to or arising out of
448	the change in use of the mobile home park against the
449	corporation, the park owner, or the park owner’s successors in
450	interest. No application for funding pursuant to subsection (1)
451	or subsection (7) shall be approved by the corporation if the
452	applicant has either filed a claim or cause of action, is
453	actively pursuing a claim or cause of action, or has a judgment
454	against the corporation, the park owner, or the park owner’s
455	successors in interest under this chapter directly relating to
456	or arising out of the change in use of the mobile home park,
457	unless such claim or cause of action is dismissed with
458	prejudice.
459	(10)(9)It is unlawful for any person or his or her agent
460	to file any notice, statement, or other document required under
461	this section which is false or contains any material
462	misstatement of fact. Any person who violates this subsection
463	commits a misdemeanor of the second degree, punishable as
464	provided in s. 775.082 or s. 775.083.
465	Section 14. This act shall take effect upon becoming a
466	law.
467