Florida Senate - 2009                                    SB 1298
       
       
       
       By Senator Detert
       
       
       
       
       23-01031-09                                           20091298__
    1                        A bill to be entitled                      
    2         An act relating to mobile home park lot tenancies;
    3         amending s. 723.0381, F.S.; authorizing the court to
    4         refer actions to binding arbitration; amending s.
    5         723.061, F.S., relating to grounds and proceedings for
    6         eviction; providing for nonapplicability of certain
    7         provisions to certain persons approved for payment by
    8         the Florida Mobile Home Relocation Corporation;
    9         amending s. 723.0612, F.S., relating to relocation
   10         expenses; revising payment amounts mobile home owners
   11         are entitled to from the corporation under certain
   12         circumstances; increasing the amounts mobile home
   13         owners abandoning their mobile homes may collect from
   14         the corporation; amending s. 723.071, F.S.; requiring
   15         mobile home park owners receiving a bona fide offer
   16         for purchase to notify the officers of the homeowners'
   17         association; requiring a homeowners' association
   18         purchasing a mobile home park to execute a contract
   19         for only the park that it represents; authorizing a
   20         time extension for home owners when a park owner
   21         changes the terms and conditions of the offer to
   22         purchase the park; revising requirements with respect
   23         to unsolicited offers; providing the homeowners'
   24         association with the right of first refusal to
   25         purchase the park in the event of an unsolicited
   26         offer; encouraging mobile home owners to organize as
   27         homeowners' associations to negotiate a right of first
   28         refusal with a park owner; redefining the term “offer”
   29         for such purposes; providing a limitation on an
   30         exception relating to transfers by partnerships;
   31         amending s. 723.083, F.S.; revising procedures
   32         providing for the removal or relocation of mobile home
   33         owners; providing an effective date.
   34         
   35  Be It Enacted by the Legislature of the State of Florida:
   36         
   37         Section 1. Subsection (2) of section 723.0381, Florida
   38  Statutes, is amended to read:
   39         723.0381 Civil actions; arbitration.—
   40         (2) The court may refer the action to nonbinding
   41  arbitration pursuant to s. 44.103 or, with the consent of both
   42  parties, to binding arbitration pursuant to s. 44.104 and the
   43  Florida Rules of Civil Procedure. The court shall order the
   44  hearing to be held informally with presentation of testimony
   45  kept to a minimum and matters presented to the arbitrators
   46  primarily through the statements and arguments of counsel. The
   47  court shall assess the parties equally to pay the compensation
   48  awarded to the arbitrators if neither party requests a trial de
   49  novo. If a party has filed for a trial de novo, the party shall
   50  be assessed the arbitration costs, court costs, and other
   51  reasonable costs of the opposing party, including attorney's
   52  fees, investigation expenses, and expenses for expert or other
   53  testimony or evidence incurred after the arbitration hearing if
   54  the judgment upon the trial de novo is not more favorable than
   55  the arbitration decision. If subsequent to arbitration a party
   56  files for a trial de novo, the arbitration decision may be made
   57  known to the judge only after he or she has entered his or her
   58  order on the merits.
   59         Section 2. Subsection (3) of section 723.061, Florida
   60  Statutes, is amended to read:
   61         723.061 Eviction; grounds, proceedings.—
   62         (3) The provisions of s. 723.083 shall not be applicable to
   63  any person whose application for funding pursuant to s.
   64  723.0612(1) or (7) is approved for payment by the Florida Mobile
   65  Home Relocation Corporation park where the provisions of this
   66  subsection apply.
   67         Section 3. Paragraph (b) of subsection (1) and subsection
   68  (7) of section 723.0612, Florida Statutes, are amended to read:
   69         723.0612 Change in use; relocation expenses; payments by
   70  park owner.—
   71         (1) If a mobile home owner is required to move due to a
   72  change in use of the land comprising the mobile home park as set
   73  forth in s. 723.061(1)(d) and complies with the requirements of
   74  this section, the mobile home owner is entitled to payment from
   75  the Florida Mobile Home Relocation Corporation of:
   76         (b) An amount equal to 60 percent of the lesser of three
   77  written estimates of moving expenses provided by the mobile home
   78  owner to the Florida Mobile Home Relocation Corporation. The
   79  amount of $3,000 for a single-section mobile home or $6,000 for
   80  a multisection mobile home, whichever is less. Moving expenses
   81  include the cost of taking down, moving, and setting up the
   82  mobile home in a new location.
   83         (7) In lieu of collecting payment from the Florida Mobile
   84  Home Relocation Corporation as set forth in subsection (1), a
   85  mobile home owner may abandon the mobile home in the mobile home
   86  park and collect $2,800 $1,375 for a single section and $5,600
   87  $2,750 for a multisection from the corporation as long as the
   88  mobile home owner delivers to the park owner the current title
   89  to the mobile home duly endorsed by the owner of record and
   90  valid releases of all liens shown on the title. If a mobile home
   91  owner chooses this option, the park owner shall make payment to
   92  the corporation in an amount equal to the amount the mobile home
   93  owner is entitled to under this subsection. The mobile home
   94  owner's application for funds under this subsection shall
   95  require the submission of a document signed by the park owner
   96  stating that the home has been abandoned under this subsection
   97  and that the park owner agrees to make payment to the
   98  corporation in the amount provided to the home owner under this
   99  subsection. However, in the event that the required documents
  100  are not submitted with the application, the corporation may
  101  consider the facts and circumstances surrounding the abandonment
  102  of the home to determine whether the mobile home owner is
  103  entitled to payment pursuant to this subsection. The mobile home
  104  owner is not entitled to any compensation under this subsection
  105  if there is a pending eviction action for nonpayment of lot
  106  rental amount pursuant to s. 723.061(1)(a) which was filed
  107  against him or her prior to the mailing date of the notice of
  108  change in the use of the mobile home park given pursuant to s.
  109  723.061(1)(d).
  110         Section 4. Subsections (1) through (3) and paragraph (d) of
  111  subsection (4) of section 723.071, Florida Statutes, are amended
  112  to read:
  113         723.071 Sale of mobile home parks.—
  114         (1)(a) If a mobile home park owner offers a mobile home
  115  park for sale or receives a bona fide offer for purchase, she or
  116  he shall notify the officers of the homeowners' association
  117  created pursuant to ss. 723.075-723.079 of the offer, stating
  118  the price and the terms and conditions of sale.
  119         (b) The mobile home owners, by and through the association
  120  defined in s. 723.075, shall have the right to purchase the
  121  park, provided the home owners meet the price and terms and
  122  conditions of the mobile home park owner by executing a contract
  123  with the park owner within 45 days, unless agreed to otherwise,
  124  from the date of mailing of the notice and provided they have
  125  complied with ss. 723.075-723.079. To exercise its right to
  126  purchase the park, the homeowners' association shall be required
  127  to execute a contract for only the mobile home park that the
  128  homeowners' association represents. If a contract between the
  129  park owner and the association is not executed within such 45
  130  day period, then, unless the park owner thereafter elects to
  131  offer the park at a price lower than the price specified in her
  132  or his notice to the officers of the homeowners' association or
  133  to change the terms and conditions of the offer, the park owner
  134  has no further obligations under this subsection, and her or his
  135  only obligation shall be as set forth in subsection (2).
  136         (c) If the park owner thereafter elects to offer the park
  137  at a price lower than the price specified in her or his notice
  138  to the home owners or to change the terms and conditions of the
  139  offer, the home owners, by and through the association, will
  140  have an additional 10 days to meet the price and terms and
  141  conditions of the park owner by executing a contract.
  142         (2) If a mobile home park owner receives a bona fide offer
  143  to purchase the park that she or he intends to consider or make
  144  a counteroffer to, the mobile home park owner must first comply
  145  with subsection (1) park owner's only obligation shall be to
  146  notify the officers of the homeowners' association that she or
  147  he has received an offer and disclose the price and material
  148  terms and conditions upon which she or he would consider selling
  149  the park and consider any offer made by the home owners,
  150  provided the home owners have complied with ss. 723.075-723.079.
  151  The park owner shall be under no obligation to sell to the home
  152  owners or to interrupt or delay other negotiations and shall be
  153  free at any time to execute a contract for the sale of the park
  154  to a party or parties other than the home owners or the
  155  association. Within 45 days after the date the mobile home park
  156  owner mails notification of a bona fide offer for purchase, the
  157  homeowners' association must be given the right of first refusal
  158  to meet the price and terms and conditions required to execute a
  159  contract with identical price and terms and conditions made in
  160  the unsolicited offer for the mobile home park. In addition to
  161  the purchase price, the homeowners' association shall be
  162  responsible for payment to the third party making the bona fide
  163  offer to cover all due diligence costs, not to exceed $8,000,
  164  incurred in the course of making the offer to the park owner.
  165  The Legislature encourages mobile home owners to organize as
  166  homeowners' associations pursuant to s. 723.075 for the purpose
  167  of negotiating a right of first refusal with a park owner.
  168         (3) As used in this section, the term:
  169         (a) As used in subsections (1) and (2), the term “Notify”
  170  means the placing of a notice in the United States mail
  171  addressed to the officers of the homeowners' association. Each
  172  such notice shall be deemed to have been given upon the deposit
  173  of the notice in the United States mail.
  174         (b) As used in subsection (1), the term “Offer” means any
  175  solicitation by the park owner to the general public or any
  176  unsolicited offer to purchase the mobile home park.
  177         (4) This section does not apply to:
  178         (d) Any transfer by a partnership to any of its partners.
  179  However, this exception may not be used to avoid sale to the
  180  homeowners' association.
  181         Section 5. Section 723.083, Florida Statutes, is amended to
  182  read:
  183         723.083 Governmental action affecting removal of mobile
  184  home owners.—No agency of municipal, local, county, or state
  185  government shall approve any application for rezoning, or take
  186  any other official action, which would result in the removal or
  187  relocation of mobile home owners residing in a mobile home park
  188  without first determining that affordable, adequate mobile home
  189  parks or other suitable facilities exist for the relocation of
  190  the mobile home owners. An adequate mobile home park or other
  191  suitable facility selected for the relocation of the mobile home
  192  owners must be affordable based on the income of very-low
  193  income, low-income, or moderate-income persons, as defined in s.
  194  420.0004, and must be situated within the same county.
  195         Section 6. This act shall take effect July 1, 2009.