| 1 | A bill to be entitled |
| 2 | An act relating to mobile home park tenancies; requiring |
| 3 | park owners to give tenants a right of first refusal to |
| 4 | purchase individual parcels within a park under certain |
| 5 | conditions; amending s. 201.15, F.S.; removing a |
| 6 | limitation on the amount of proceeds from excise taxes on |
| 7 | documents which may be deposited into the State Housing |
| 8 | Trust Fund on or after a specified date; amending s. |
| 9 | 723.061, F.S.; extending the minimum length of advance |
| 10 | notice that must be given by a park owner to a tenant |
| 11 | before evicting the tenant due to a change in land use of |
| 12 | the underlying park property; amending s. 723.0612, F.S.; |
| 13 | revising payment amounts mobile home owners are entitled |
| 14 | to from the Florida Mobile Home Relocation Corporation |
| 15 | under certain circumstances; increasing the amounts mobile |
| 16 | home owners abandoning their mobile homes may collect from |
| 17 | the corporation; amending s. 723.071, F.S.; requiring |
| 18 | mobile home park owners receiving a bona fide offer for |
| 19 | purchase to notify the officers of the homeowners' |
| 20 | association; requiring a homeowners' association |
| 21 | purchasing a mobile home park to execute a contract for |
| 22 | only the park that it represents; authorizing a time |
| 23 | extension for home owners when a park owner changes the |
| 24 | terms and conditions of the offer to purchase the park; |
| 25 | revising requirements with respect to unsolicited offers; |
| 26 | providing the homeowners' association with the right of |
| 27 | first refusal to purchase the park in the event of an |
| 28 | unsolicited offer; encouraging mobile home owners to |
| 29 | organize as homeowners' associations to negotiate a right |
| 30 | of first refusal with a park owner; redefining the term |
| 31 | "offer" for such purposes; providing a limitation on an |
| 32 | exception relating to transfers by partnerships; providing |
| 33 | an effective date. |
| 34 |
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| 35 | Be It Enacted by the Legislature of the State of Florida: |
| 36 |
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| 37 | Section 1. (1) The owner of a mobile home park regulated |
| 38 | under chapter 723, Florida Statutes, must give any tenant who has |
| 39 | resided in the park for 180 days or longer a right of first |
| 40 | refusal to purchase the individual parcel upon which the tenant |
| 41 | resides if the park is subdivided or a change in the use of the |
| 42 | park land is proposed. |
| 43 | (2) The notice requirements and right of first refusal |
| 44 | under ss. 723.061 and 723.071, Florida Statutes, relating to |
| 45 | homeowner's associations, also apply to the rights of individual |
| 46 | tenants pursuant to this section. |
| 47 | Section 2. Subsections (9), (10), (13), (15), and (16) of |
| 48 | section 201.15, Florida Statutes, are amended to read: |
| 49 | 201.15 Distribution of taxes collected.--All taxes |
| 50 | collected under this chapter are subject to the service charge |
| 51 | imposed in s. 215.20(1). Prior to distribution under this |
| 52 | section, the Department of Revenue shall deduct amounts necessary |
| 53 | to pay the costs of the collection and enforcement of the tax |
| 54 | levied by this chapter. Such costs and the service charge may not |
| 55 | be levied against any portion of taxes pledged to debt service on |
| 56 | bonds to the extent that the costs and service charge are |
| 57 | required to pay any amounts relating to the bonds. All taxes |
| 58 | remaining after deduction of costs and the service charge shall |
| 59 | be distributed as follows: |
| 60 | (9) Seven and fifty-three hundredths The lesser of 7.53 |
| 61 | percent of the remaining taxes collected under this chapter or |
| 62 | $107 million in each fiscal year shall be paid into the State |
| 63 | Treasury to the credit of the State Housing Trust Fund and shall |
| 64 | be used as follows: |
| 65 | (a) Half of that amount shall be used for the purposes for |
| 66 | which the State Housing Trust Fund was created and exists by law. |
| 67 | (b) Half of that amount shall be paid into the State |
| 68 | Treasury to the credit of the Local Government Housing Trust Fund |
| 69 | and shall be used for the purposes for which the Local Government |
| 70 | Housing Trust Fund was created and exists by law. |
| 71 | (10) Eight and sixty-six hundredths The lesser of 8.66 |
| 72 | percent of the remaining taxes collected under this chapter or |
| 73 | $136 million in each fiscal year shall be paid into the State |
| 74 | Treasury to the credit of the State Housing Trust Fund and shall |
| 75 | be used as follows: |
| 76 | (a) Twelve and one-half percent of that amount shall be |
| 77 | deposited into the State Housing Trust Fund and be expended by |
| 78 | the Department of Community Affairs and by the Florida Housing |
| 79 | Finance Corporation for the purposes for which the State Housing |
| 80 | Trust Fund was created and exists by law. |
| 81 | (b) Eighty-seven and one-half percent of that amount shall |
| 82 | be distributed to the Local Government Housing Trust Fund and |
| 83 | shall be used for the purposes for which the Local Government |
| 84 | Housing Trust Fund was created and exists by law. Funds from this |
| 85 | category may also be used to provide for state and local services |
| 86 | to assist the homeless. |
| 87 | (13) Beginning July 1, 2009 2008, in each fiscal year that |
| 88 | the remaining taxes collected under this chapter exceed |
| 89 | collections in the prior fiscal year, the stated maximum dollar |
| 90 | amounts provided in subsections (2), (4), (6), and (7), (9), and |
| 91 | (10) shall each be increased by an amount equal to 10 percent of |
| 92 | the increase in the remaining taxes collected under this chapter |
| 93 | multiplied by the applicable percentage provided in those |
| 94 | subsections. |
| 95 | (15) Distributions to the State Housing Trust Fund pursuant |
| 96 | to subsections (9) and (10) shall be sufficient to cover amounts |
| 97 | required to be transferred to the Florida Affordable Housing |
| 98 | Guarantee Program's annual debt service reserve and guarantee |
| 99 | fund pursuant to s. 420.5092(6)(a) and (b) up to but not |
| 100 | exceeding the amount required to be transferred to such reserve |
| 101 | and fund based on the percentage distribution of documentary |
| 102 | stamp tax revenues to the State Housing Trust Fund which is in |
| 103 | effect in the 2004-2005 fiscal year. |
| 104 | (15)(16) The remaining taxes collected under this chapter, |
| 105 | after the distributions provided in the preceding subsections, |
| 106 | shall be paid into the State Treasury to the credit of the |
| 107 | General Revenue Fund. |
| 108 | Section 3. Paragraph (d) of subsection (1) of section |
| 109 | 723.061, Florida Statutes, is amended to read: |
| 110 | 723.061 Eviction; grounds, proceedings.-- |
| 111 | (1) A mobile home park owner may evict a mobile home owner, |
| 112 | a mobile home tenant, a mobile home occupant, or a mobile home |
| 113 | only on one or more of the grounds provided in this section. |
| 114 | (d) Change in use of the land comprising the mobile home |
| 115 | park, or the portion thereof from which mobile homes are to be |
| 116 | evicted, from mobile home lot rentals to some other use, provided |
| 117 | all tenants affected are given at least 12 6 months' notice of |
| 118 | the projected change of use and of their need to secure other |
| 119 | accommodations. The notice shall include in a font no smaller |
| 120 | than the body of the notice: YOU MAY BE ENTITLED TO COMPENSATION |
| 121 | FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED |
| 122 | BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). FMHRC |
| 123 | CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA DEPARTMENT OF |
| 124 | BUSINESS AND PROFESSIONAL REGULATION. The park owner may not give |
| 125 | a notice of increase in lot rental amount within 90 days before |
| 126 | giving notice of a change in use. |
| 127 | Section 4. Paragraph (b) of subsection (1) and subsection |
| 128 | (7) of section 723.0612, Florida Statutes, are amended to read: |
| 129 | 723.0612 Change in use; relocation expenses; payments by |
| 130 | park owner.-- |
| 131 | (1) If a mobile home owner is required to move due to a |
| 132 | change in use of the land comprising the mobile home park as set |
| 133 | forth in s. 723.061(1)(d) and complies with the requirements of |
| 134 | this section, the mobile home owner is entitled to payment from |
| 135 | the Florida Mobile Home Relocation Corporation of: |
| 136 | (b) An amount equal to 60 percent of the lesser of three |
| 137 | written estimates of moving expenses provided by the mobile home |
| 138 | owner to the Florida Mobile Home Relocation Corporation. The |
| 139 | amount of $3,000 for a single-section mobile home or $6,000 for a |
| 140 | multisection mobile home, whichever is less. Moving expenses |
| 141 | include the cost of taking down, moving, and setting up the |
| 142 | mobile home in a new location. |
| 143 | (7) In lieu of collecting payment from the Florida Mobile |
| 144 | Home Relocation Corporation as set forth in subsection (1), a |
| 145 | mobile home owner may abandon the mobile home in the mobile home |
| 146 | park and collect $2,800 $1,375 for a single section and $5,600 |
| 147 | $2,750 for a multisection from the corporation as long as the |
| 148 | mobile home owner delivers to the park owner the current title to |
| 149 | the mobile home duly endorsed by the owner of record and valid |
| 150 | releases of all liens shown on the title. If a mobile home owner |
| 151 | chooses this option, the park owner shall make payment to the |
| 152 | corporation in an amount equal to the amount the mobile home |
| 153 | owner is entitled to under this subsection. The mobile home |
| 154 | owner's application for funds under this subsection shall require |
| 155 | the submission of a document signed by the park owner stating |
| 156 | that the home has been abandoned under this subsection and that |
| 157 | the park owner agrees to make payment to the corporation in the |
| 158 | amount provided to the home owner under this subsection. However, |
| 159 | in the event that the required documents are not submitted with |
| 160 | the application, the corporation may consider the facts and |
| 161 | circumstances surrounding the abandonment of the home to |
| 162 | determine whether the mobile home owner is entitled to payment |
| 163 | pursuant to this subsection. The mobile home owner is not |
| 164 | entitled to any compensation under this subsection if there is a |
| 165 | pending eviction action for nonpayment of lot rental amount |
| 166 | pursuant to s. 723.061(1)(a) which was filed against him or her |
| 167 | prior to the mailing date of the notice of change in the use of |
| 168 | the mobile home park given pursuant to s. 723.061(1)(d). |
| 169 | Section 5. Subsections (1) through (3) and paragraph (d) of |
| 170 | subsection (4) of section 723.071, Florida Statutes, are amended |
| 171 | to read: |
| 172 | 723.071 Sale of mobile home parks.-- |
| 173 | (1)(a) If a mobile home park owner offers a mobile home |
| 174 | park for sale or receives a bona fide offer for purchase, she or |
| 175 | he shall notify the officers of the homeowners' association |
| 176 | created pursuant to ss. 723.075-723.079 of the offer, stating the |
| 177 | price and the terms and conditions of sale. |
| 178 | (b) The mobile home owners, by and through the association |
| 179 | defined in s. 723.075, shall have the right to purchase the park, |
| 180 | provided the home owners meet the price and terms and conditions |
| 181 | of the mobile home park owner by executing a contract with the |
| 182 | park owner within 120 45 days, unless agreed to otherwise, from |
| 183 | the date of mailing of the notice and provided they have complied |
| 184 | with ss. 723.075-723.079. To exercise its right to purchase the |
| 185 | park, the homeowners' association shall be required to execute a |
| 186 | contract for only the mobile home park that the homeowners' |
| 187 | association represents. If a contract between the park owner and |
| 188 | the association is not executed within such 120-day 45-day |
| 189 | period, then, unless the park owner thereafter elects to offer |
| 190 | the park at a price lower than the price specified in her or his |
| 191 | notice to the officers of the homeowners' association or to |
| 192 | change the terms and conditions of the offer, the park owner has |
| 193 | no further obligations under this subsection, and her or his only |
| 194 | obligation shall be as set forth in subsection (2). |
| 195 | (c) If the park owner thereafter elects to offer the park |
| 196 | at a price lower than the price specified in her or his notice to |
| 197 | the home owners or to change the terms and conditions of the |
| 198 | offer, the home owners, by and through the association, will have |
| 199 | an additional 10 days to meet the price and terms and conditions |
| 200 | of the park owner by executing a contract. |
| 201 | (2) If a mobile home park owner receives a bona fide offer |
| 202 | to purchase the park that she or he intends to consider or make a |
| 203 | counteroffer to, the mobile home park owner must first comply |
| 204 | with subsection (1) park owner's only obligation shall be to |
| 205 | notify the officers of the homeowners' association that she or he |
| 206 | has received an offer and disclose the price and material terms |
| 207 | and conditions upon which she or he would consider selling the |
| 208 | park and consider any offer made by the home owners, provided the |
| 209 | home owners have complied with ss. 723.075-723.079. The park |
| 210 | owner shall be under no obligation to sell to the home owners or |
| 211 | to interrupt or delay other negotiations and shall be free at any |
| 212 | time to execute a contract for the sale of the park to a party or |
| 213 | parties other than the home owners or the association. Within 120 |
| 214 | days after the date the mobile home park owner mails notification |
| 215 | of a bona fide offer for purchase, the homeowners' association |
| 216 | must be given the right of first refusal to meet the price and |
| 217 | terms and conditions required to execute a contract that has the |
| 218 | identical price and terms and conditions made in the unsolicited |
| 219 | offer for the mobile home park. In addition to the purchase |
| 220 | price, the homeowners' association is responsible for payment to |
| 221 | the third party making the bona fide offer of an amount to cover |
| 222 | all due diligence costs, not to exceed $8,000, incurred in the |
| 223 | course of making the offer to the park owner. The Legislature |
| 224 | encourages mobile home owners to organize as homeowners' |
| 225 | associations pursuant to s. 723.075 for the purpose of |
| 226 | negotiating a right of first refusal with a park owner. |
| 227 | (3) As used in this section, the term: |
| 228 | (a) As used in subsections (1) and (2), the term "Notify" |
| 229 | means the placing of a notice in the United States mail addressed |
| 230 | to the officers of the homeowners' association. Each such notice |
| 231 | shall be deemed to have been given upon the deposit of the notice |
| 232 | in the United States mail. |
| 233 | (b) As used in subsection (1), the term "Offer" means any |
| 234 | solicitation by the park owner to the general public or any |
| 235 | unsolicited offer to purchase the mobile home park. |
| 236 | (4) This section does not apply to: |
| 237 | (d) Any transfer by a partnership to any of its partners. |
| 238 | However, this exception may not be used to avoid sale to the |
| 239 | homeowners' association. |
| 240 | Section 6. This act shall take effect July 1, 2009. |