HB 835

1
A bill to be entitled
2An act relating to affordable housing; creating s.
3163.31772, F.S.; providing legislative findings and intent
4relating to changes in land use affecting mobile home
5parks; providing definitions; providing requirements for
6local governments and community redevelopment agencies
7regarding specified funding sources to assist certain
8mobile home owners; requiring local governments to permit
9and approve rezoning of property for the development of
10new mobile home parks; providing that a local government
11or redevelopment agency may enter into a development
12agreement with the owner of a mobile home park to
13encourage its continued use for affordable housing;
14limiting the length of certain development agreements;
15amending s. 420.5088, F.S.; providing down payment
16assistance under the Florida Homeownership Assistance
17Program to certain persons employed as K-12 classroom
18teachers in the schools in this state; requiring the
19Florida Housing Finance Corporation to develop eligibility
20criteria; providing conditions for counties under which
21funds may be distributed; providing for a lien to be
22placed on a recipient's property if the recipient does not
23fulfill a specified commitment; encouraging counties to
24develop annual county housing plans that emphasize the
25recruitment and retention of certain classroom teachers;
26requiring the corporation to encourage and review county
27housing plans; amending s. 723.06116, F.S.; providing for
28late fees if a mobile home park owner does not make
29payments to the Florida Mobile Home Relocation Corporation
30within the required time period; amending s. 723.0612,
31F.S.; prohibiting approval of certain applications for
32funding submitted by persons who have settled certain
33claims or causes of action; providing certain time periods
34within which an application for funding for relocation
35expenses must be submitted to the corporation; amending s.
36723.071, F.S.; providing legislative findings relating to
37the sale of mobile home parks; amending s. 723.072, F.S.,
38relating to an affidavit of compliance by an owner of a
39mobile home park; conforming cross-references; amending s.
40723.083, F.S.; requiring an agency of municipal, local,
41county, or state government to provide a report that
42substantiates the existence of adequate mobile home parks
43before approving the removal or relocation of a park;
44requiring a written estimate of fiscal benefits; requiring
45certain reports to be made available to the public within
46a specified time period; providing an appropriation;
47providing effective dates.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Section 163.31772, Florida Statutes, is created
52to read:
53     163.31772  Mobile home parks; change in use of land;
54legislative findings and intent.--
55     (1)  The Legislature finds that:
56     (a)  Mobile home parks provide safe and affordable housing
57to many residents of this state;
58     (b)  The rising price of real estate in this state is
59causing significant loss of affordable housing, including mobile
60home parks;
61     (c)  Some mobile home park residents are being evicted and
62forced to relocate from their communities due to the change in
63the use of land from mobile home park rentals to some other use;
64     (d)  The loss of this type of affordable housing is of
65statewide concern; and
66     (e)  Local governments benefit significantly from the
67redevelopment of these mobile home parks through increased local
68and state tax revenues but may not have authority to use all
69available funding and revenue sources to assist these displaced
70residents.
71     (2)  It is the intent of the Legislature that local
72governments and redevelopment agencies assist in the relocation
73of and the provision of assistance to mobile home owners and are
74authorized to use all available funding sources so that the
75state's most needy residents are protected.
76     (3)  As used in this section, the term:
77     (a)  "Affordable" has the same meaning as provided in s.
78420.602.
79     (b)  "Community redevelopment agency" has the same meaning
80as provided in s. 163.340.
81     (c)  "Local government" means a county or municipality.
82     (d)  "Mobile home park" has the same meaning as provided in
83s. 723.003.
84     (4)  Any local government or community redevelopment agency
85having jurisdiction over a mobile home park that is being closed
86due to a change in the use of land shall use all available
87funding sources to:
88     (a)  Assist homeowners with the cost of relocating their
89homes;
90     (b)  Assist homeowners in purchasing new manufactured or
91mobile homes if the home they are currently occupying is not
92capable of being moved to another location;
93     (c)  Assist homeowners in relocating to any other adequate
94and suitable housing; and
95     (d)  To the greatest extent possible, assist in the
96relocation of the homes of the mobile home owners to a mobile
97home park in the same neighborhood or community.
98     (5)  Notwithstanding any other provision of law, a local
99government or community redevelopment agency is authorized to
100and shall, for the purposes described in subsection (4), use
101revenues derived from sources that include, but need not be
102limited to, tax increment financing pursuant to s. 163.387,
103urban infill and redevelopment funds pursuant to s. 163.2523,
104general revenue funding, housing loan assistance programs,
105documentary stamp tax revenues derived from the redevelopment of
106the property which are available to the local government, and
107impact and permit fees derived from the redevelopment of the
108property.
109     (6)  A local government shall take action to permit and
110approve the rezoning of property for development of new mobile
111home parks for the purpose of providing new homes or affordable
112housing or for the relocation of mobile home owners who are
113displaced by a change in the use of land.
114     (7)  Any local government or community redevelopment agency
115having jurisdiction over a mobile home park providing affordable
116housing as defined in this section may enter into a development
117agreement with the owner of the mobile home park to encourage
118the continued use of the mobile home park for affordable housing
119by incentives, including, but not limited to:
120     (a)  Awarding transferable development credits to the
121community. The Department of Community Affairs shall provide
122technical assistance to local governments in order to promote
123the transfer of development rights for mobile home park owners
124who provide affordable housing. The department may adopt rules
125to administer this paragraph;
126     (b)  Providing tax incentives, such as property tax
127abatement, for providing affordable housing; and
128     (c)  Providing housing assistance to the mobile home park
129owner for the difference between the lot rental amount paid by
130the homeowners and either the lot rental amount charged in
131comparable mobile home parks that have similar facilities,
132services, amenities, and management or based upon the rental
133value of the property being dedicated to affordable housing
134based upon the property's fair market value. The Department of
135Community Affairs shall provide technical assistance to local
136governments in order to promote housing assistance to mobile
137home park owners who provide affordable housing in urban areas.
138The department shall adopt rules to administer this paragraph.
139
140Any development agreement entered into under this subsection
141shall have a term that does not exceed 10 years.
142     Section 2.  Subsection (7) is added to section 420.5088,
143Florida Statutes, to read:
144     420.5088  Florida Homeownership Assistance Program.--There
145is created the Florida Homeownership Assistance Program for the
146purpose of assisting low-income persons in purchasing a home by
147reducing the cost of the home with below-market construction
148financing, by reducing the amount of down payment and closing
149costs paid by the borrower to a maximum of 5 percent of the
150purchase price, or by reducing the monthly payment to an
151affordable amount for the purchaser. Loans shall be made
152available at an interest rate that does not exceed 3 percent.
153The balance of any loan is due at closing if the property is
154sold or transferred.
155     (7)(a)  The program shall provide down payment assistance
156to each person who is employed as a K-12 classroom teacher and
157certified in a critical need area in this state.
158     (b)  The corporation shall develop criteria to determine
159which persons are eligible to receive down payment assistance,
160including the following criteria:
161     1.  The person shall be employed as a K-12 classroom
162teacher in this state.
163     2.  The person shall be state certified in a critical need
164area of exceptional student education, mathematics, science, or
165reading.
166     3.  The person shall declare his or her homestead and
167maintain residency at his or her homestead.
168     4.  The person shall be employed in a full-time, permanent
169capacity.
170     5.  The person shall demonstrate a 5-year minimum
171commitment to continued employment as a K-12 classroom teacher
172in a school within the county of current employment.
173     (c)1.  The program shall provide $4,000 as down payment
174assistance if all city, county, or appropriate governmental
175subdivisions or agencies within which an eligible recipient is
176employed and resides waives any impact fees that occur
177incidental to the recipient's home purchase.
178     2.  In addition to the amount provided under subparagraph
1791., the program shall provide matching funds up to $4,000 as
180down payment assistance if the county within which an eligible
181recipient is employed provides State Housing Initiatives
182Partnership Program funds to the eligible recipient under ss.
183420.907-420.9079.
184     (d)  A lien shall be placed on the recipient's property if
185the recipient does not fulfill his or her 5-year commitment
186specified in subparagraph (b)5.
187     (e)  Each county is encouraged to develop an annual county
188housing plan that emphasizes the recruitment and retention of
189classroom teachers certified in critical need areas. The
190corporation shall review and encourage such plans as a part of
191the overall housing assistance effort of counties. Such plans
192shall not affect any formulas relating to low or very low income
193assistance programs approved by the corporation.
194     Section 3.  Subsection (1) of section 723.06116, Florida
195Statutes, is amended to read:
196     723.06116  Payments to the Florida Mobile Home Relocation
197Corporation.--
198     (1)  If a mobile home owner is required to move due to a
199change in use of the land comprising a mobile home park as set
200forth in s. 723.061(1)(d), the mobile home park owner shall,
201upon such change in use, pay to the Florida Mobile Home
202Relocation Corporation for deposit in the Florida Mobile Home
203Relocation Trust Fund $2,750 for each single-section mobile home
204and $3,750 for each multisection mobile home for which a mobile
205home owner has made application for payment of moving expenses.
206The mobile home park owner shall make the payments required by
207this section and by s. 723.0612(7) to the corporation within 30
208days after receipt from the corporation of the invoice for
209payment. Failure to make such payment within the required time
210period shall result in a late fee being imposed.
211     (a)  If payment is not submitted within 30 days after
212receipt of the invoice, a 10-percent late fee shall be assessed.
213     (b)  If payment is not submitted within 60 days after
214receipt of the invoice, a 15-percent late fee shall be assessed.
215     (c)  If payment is not submitted within 90 days after
216receipt of the invoice, a 20-percent late fee shall be assessed.
217     (d)  Any payment received 120 days or more after receipt of
218the invoice shall include a 25-percent late fee.
219     Section 4.  Subsection (9) of section 723.0612, Florida
220Statutes, is amended, and subsection (12) is added to that
221section, to read:
222     723.0612  Change in use; relocation expenses; payments by
223park owner.--
224     (9)  Any person whose application for funding pursuant to
225subsection (1) or subsection (7) is approved for payment by the
226corporation shall be barred from asserting any claim or cause of
227action under this chapter directly relating to or arising out of
228the change in use of the mobile home park against the
229corporation, the park owner, or the park owner's successors in
230interest. No application for funding pursuant to subsection (1)
231or subsection (7) shall be approved by the corporation if the
232applicant has either filed a claim or cause of action, is
233actively pursuing a claim or cause of action, has settled a
234claim or cause of action, or has a judgment against the
235corporation, the park owner, or the park owner's successors in
236interest under this chapter directly relating to or arising out
237of the change in use of the mobile home park, unless such claim
238or cause of action is dismissed with prejudice.
239     (12)  An application to the corporation for compensation
240under subsection (1) or subsection (7) must be received within 1
241year after the expiration of the eviction period as established
242in the notice required under s. 723.061(1)(d). If the applicant
243files a claim or cause of action that disqualifies the applicant
244under subsection (9) and the claim is subsequently dismissed,
245the application must be received by the corporation within 6
246months following filing of the dismissal with prejudice as
247required under subsection (9). However, such an applicant must
248apply within 2 years after the expiration of the eviction period
249as established in the notice required under s. 723.061(1)(d).
250     Section 5.  Section 723.071, Florida Statutes, is amended
251to read:
252     723.071  Sale of mobile home parks; legislative findings.--
253     (1)  The Legislature finds that a right of first refusal to
254purchase a mobile home park is a property right that should be
255negotiated between two parties at arm's length and for due
256consideration. The Legislature further finds that this chapter
257does not preclude mobile home owners from purchasing a right of
258first refusal from a willing park owner. The Legislature
259therefore encourages mobile home owners to organize as a
260homeowners' association in accordance with this chapter for the
261purpose of negotiating a right of first refusal with a park
262owner.
263     (2)(1)(a)  If a mobile home park owner offers a mobile home
264park for sale, she or he shall notify the officers of the
265homeowners' association created pursuant to ss. 723.075-723.079
266of the offer, stating the price and the terms and conditions of
267sale.
268     (b)  The mobile home owners, by and through the association
269defined in s. 723.075, shall have the right to purchase the
270park, provided the home owners meet the price and terms and
271conditions of the mobile home park owner by executing a contract
272with the park owner within 45 days, unless agreed to otherwise,
273from the date of mailing of the notice and provided they have
274complied with ss. 723.075-723.079. If a contract between the
275park owner and the association is not executed within such 45-
276day period, then, unless the park owner thereafter elects to
277offer the park at a price lower than the price specified in her
278or his notice to the officers of the homeowners' association,
279the park owner has no further obligations under this subsection,
280and her or his only obligation shall be as set forth in
281subsection (3) (2).
282     (c)  If the park owner thereafter elects to offer the park
283at a price lower than the price specified in her or his notice
284to the home owners, the home owners, by and through the
285association, will have an additional 10 days to meet the price
286and terms and conditions of the park owner by executing a
287contract.
288     (3)(2)  If a mobile home park owner receives a bona fide
289offer to purchase the park that she or he intends to consider or
290make a counteroffer to, the park owner's only obligation shall
291be to notify the officers of the homeowners' association that
292she or he has received an offer and disclose the price and
293material terms and conditions upon which she or he would
294consider selling the park and consider any offer made by the
295home owners, provided the home owners have complied with ss.
296723.075-723.079. The park owner shall be under no obligation to
297sell to the home owners or to interrupt or delay other
298negotiations and shall be free at any time to execute a contract
299for the sale of the park to a party or parties other than the
300home owners or the association.
301     (4)(3)(a)  As used in subsections (2) (1) and (3) (2), the
302term "notify" means the placing of a notice in the United States
303mail addressed to the officers of the homeowners' association.
304Each such notice shall be deemed to have been given upon the
305deposit of the notice in the United States mail.
306     (b)  As used in subsection (2) (1), the term "offer" means
307any solicitation by the park owner to the general public.
308     (5)(4)  This section does not apply to:
309     (a)  Any sale or transfer to a person who would be included
310within the table of descent and distribution if the park owner
311were to die intestate.
312     (b)  Any transfer by gift, devise, or operation of law.
313     (c)  Any transfer by a corporation to an affiliate. As used
314herein, the term "affiliate" means any shareholder of the
315transferring corporation; any corporation or entity owned or
316controlled, directly or indirectly, by the transferring
317corporation; or any other corporation or entity owned or
318controlled, directly or indirectly, by any shareholder of the
319transferring corporation.
320     (d)  Any transfer by a partnership to any of its partners.
321     (e)  Any conveyance of an interest in a mobile home park
322incidental to the financing of such mobile home park.
323     (f)  Any conveyance resulting from the foreclosure of a
324mortgage, deed of trust, or other instrument encumbering a
325mobile home park or any deed given in lieu of such foreclosure.
326     (g)  Any sale or transfer between or among joint tenants or
327tenants in common owning a mobile home park.
328     (h)  Any exchange of a mobile home park for other real
329property, whether or not such exchange also involves the payment
330of cash or other boot.
331     (i)  The purchase of a mobile home park by a governmental
332entity under its powers of eminent domain.
333     Section 6.  Subsection (1) of section 723.072, Florida
334Statutes, is amended to read:
335     723.072  Affidavit of compliance with statutory
336requirements.--
337     (1)  A park owner may at any time record, in the official
338records of the county where a mobile home park is situated, an
339affidavit in which the park owner certifies that:
340     (a)  With reference to an offer by him or her for the sale
341of such park, he or she has complied with the provisions of s.
342723.071(2)(1);
343     (b)  With reference to an offer received by him or her for
344the purchase of such park, or with reference to a counteroffer
345which he or she intends to make, or has made, for the sale of
346such park, he or she has complied with the provisions of s.
347723.071(3)(2);
348     (c)  Notwithstanding his or her compliance with the
349provisions of either subsection (2) (1) or subsection (3) (2) of
350s. 723.071, no contract has been executed for the sale of such
351park between himself or herself and the park homeowners'
352association;
353     (d)  The provisions of subsections (2) (1) and (3) (2) of
354s. 723.071 are inapplicable to a particular sale or transfer of
355such park by him or her, and compliance with such subsections is
356not required; or
357     (e)  A particular sale or transfer of such park is exempted
358from the provisions of this section and s. 723.071.
359
360Any party acquiring an interest in a mobile home park, and any
361and all title insurance companies and attorneys preparing,
362furnishing, or examining any evidence of title, have the
363absolute right to rely on the truth and accuracy of all
364statements appearing in such affidavit and are under no
365obligation to inquire further as to any matter or fact relating
366to the park owner's compliance with the provisions of s.
367723.071.
368     Section 7.  Section 723.083, Florida Statutes, is amended
369to read:
370     723.083  Governmental action affecting removal of mobile
371home owners.--
372     (1)  No agency of municipal, local, county, or state
373government shall approve any application for rezoning, or take
374any other official action, which would result in the removal or
375relocation of mobile home owners residing in a mobile home park
376without first determining that adequate mobile home parks or
377other suitable facilities exist for the relocation of the mobile
378home owners. The existence of adequate mobile home parks or
379other suitable facilities shall be substantiated in a written
380document provided by the agency.
381     (2)  The agency of municipal, local, county, or state
382government considering an application for rezoning or other
383official action shall make a written good faith estimate of the
384fiscal benefits of rezoning or official action. The good faith
385estimate shall include, but need not be limited to, annual
386increases in property taxes or other revenue sources and any
387nonrecurring revenues or fees, including, but not limited to,
388impact fees, permit fees, connection fees, utility charges, or
389other revenues.
390     (3)  The written reports required under this section shall
391be made available to the public for inspection and copying at
392least 10 days prior to the scheduled meeting for consideration
393of any such rezoning or other official act.
394     Section 8.  The sum of $50,000,000 is appropriated for
395fiscal year 2006-2007 from the State Housing Trust Fund to the
396Florida Homeownership Assistance Program for the purposes of s.
397420.5088(7), Florida Statutes, as created by this act. This
398section shall take effect July 1, 2006.
399     Section 9.  Except as otherwise expressly provided in this
400act, this act shall take effect upon becoming a law.


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