HB 1321

1
A bill to be entitled
2An act relating to mobile home park tenancies; requiring
3park owners to give tenants a right of first refusal to
4purchase individual parcels within a park under certain
5conditions; amending s. 201.15, F.S.; removing a
6limitation on the amount of proceeds from excise taxes on
7documents which may be deposited into the State Housing
8Trust Fund on or after a specified date; amending s.
9723.061, F.S.; extending the minimum length of advance
10notice that must be given by a park owner to a tenant
11before evicting the tenant due to a change in land use of
12the underlying park property; amending s. 723.0612, F.S.;
13revising payment amounts mobile home owners are entitled
14to from the Florida Mobile Home Relocation Corporation
15under certain circumstances; increasing the amounts mobile
16home owners abandoning their mobile homes may collect from
17the corporation; amending s. 723.071, F.S.; requiring
18mobile home park owners receiving a bona fide offer for
19purchase to notify the officers of the homeowners'
20association; requiring a homeowners' association
21purchasing a mobile home park to execute a contract for
22only the park that it represents; authorizing a time
23extension for home owners when a park owner changes the
24terms and conditions of the offer to purchase the park;
25revising requirements with respect to unsolicited offers;
26providing the homeowners' association with the right of
27first refusal to purchase the park in the event of an
28unsolicited offer; encouraging mobile home owners to
29organize as homeowners' associations to negotiate a right
30of first refusal with a park owner; redefining the term
31"offer" for such purposes; providing a limitation on an
32exception relating to transfers by partnerships; providing
33an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  (1)  The owner of a mobile home park regulated
38under chapter 723, Florida Statutes, must give any tenant who has
39resided in the park for 180 days or longer a right of first
40refusal to purchase the individual parcel upon which the tenant
41resides if the park is subdivided or a change in the use of the
42park land is proposed.
43     (2)  The notice requirements and right of first refusal
44under ss. 723.061 and 723.071, Florida Statutes, relating to
45homeowner's associations, also apply to the rights of individual
46tenants pursuant to this section.
47     Section 2.  Subsections (9), (10), (13), (15), and (16) of
48section 201.15, Florida Statutes, are amended to read:
49     201.15  Distribution of taxes collected.--All taxes
50collected under this chapter are subject to the service charge
51imposed in s. 215.20(1). Prior to distribution under this
52section, the Department of Revenue shall deduct amounts necessary
53to pay the costs of the collection and enforcement of the tax
54levied by this chapter. Such costs and the service charge may not
55be levied against any portion of taxes pledged to debt service on
56bonds to the extent that the costs and service charge are
57required to pay any amounts relating to the bonds. All taxes
58remaining after deduction of costs and the service charge shall
59be distributed as follows:
60     (9)  Seven and fifty-three hundredths The lesser of 7.53
61percent of the remaining taxes collected under this chapter or
62$107 million in each fiscal year shall be paid into the State
63Treasury to the credit of the State Housing Trust Fund and shall
64be used as follows:
65     (a)  Half of that amount shall be used for the purposes for
66which the State Housing Trust Fund was created and exists by law.
67     (b)  Half of that amount shall be paid into the State
68Treasury to the credit of the Local Government Housing Trust Fund
69and shall be used for the purposes for which the Local Government
70Housing Trust Fund was created and exists by law.
71     (10)  Eight and sixty-six hundredths The lesser of 8.66
72percent of the remaining taxes collected under this chapter or
73$136 million in each fiscal year shall be paid into the State
74Treasury to the credit of the State Housing Trust Fund and shall
75be used as follows:
76     (a)  Twelve and one-half percent of that amount shall be
77deposited into the State Housing Trust Fund and be expended by
78the Department of Community Affairs and by the Florida Housing
79Finance Corporation for the purposes for which the State Housing
80Trust Fund was created and exists by law.
81     (b)  Eighty-seven and one-half percent of that amount shall
82be distributed to the Local Government Housing Trust Fund and
83shall be used for the purposes for which the Local Government
84Housing Trust Fund was created and exists by law. Funds from this
85category may also be used to provide for state and local services
86to assist the homeless.
87     (13)  Beginning July 1, 2009 2008, in each fiscal year that
88the remaining taxes collected under this chapter exceed
89collections in the prior fiscal year, the stated maximum dollar
90amounts provided in subsections (2), (4), (6), and (7), (9), and
91(10) shall each be increased by an amount equal to 10 percent of
92the increase in the remaining taxes collected under this chapter
93multiplied by the applicable percentage provided in those
94subsections.
95     (15)  Distributions to the State Housing Trust Fund pursuant
96to subsections (9) and (10) shall be sufficient to cover amounts
97required to be transferred to the Florida Affordable Housing
98Guarantee Program's annual debt service reserve and guarantee
99fund pursuant to s. 420.5092(6)(a) and (b) up to but not
100exceeding the amount required to be transferred to such reserve
101and fund based on the percentage distribution of documentary
102stamp tax revenues to the State Housing Trust Fund which is in
103effect in the 2004-2005 fiscal year.
104     (15)(16)  The remaining taxes collected under this chapter,
105after the distributions provided in the preceding subsections,
106shall be paid into the State Treasury to the credit of the
107General Revenue Fund.
108     Section 3.  Paragraph (d) of subsection (1) of section
109723.061, 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,
112a mobile home tenant, a mobile home occupant, or a mobile home
113only on one or more of the grounds provided in this section.
114     (d)  Change in use of the land comprising the mobile home
115park, or the portion thereof from which mobile homes are to be
116evicted, from mobile home lot rentals to some other use, provided
117all tenants affected are given at least 12 6 months' notice of
118the projected change of use and of their need to secure other
119accommodations. The notice shall include in a font no smaller
120than the body of the notice: YOU MAY BE ENTITLED TO COMPENSATION
121FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED
122BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). FMHRC
123CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA DEPARTMENT OF
124BUSINESS AND PROFESSIONAL REGULATION. The park owner may not give
125a notice of increase in lot rental amount within 90 days before
126giving 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
130park owner.--
131     (1)  If a mobile home owner is required to move due to a
132change in use of the land comprising the mobile home park as set
133forth in s. 723.061(1)(d) and complies with the requirements of
134this section, the mobile home owner is entitled to payment from
135the Florida Mobile Home Relocation Corporation of:
136     (b)  An amount equal to 60 percent of the lesser of three
137written estimates of moving expenses provided by the mobile home
138owner to the Florida Mobile Home Relocation Corporation. The
139amount of $3,000 for a single-section mobile home or $6,000 for a
140multisection mobile home, whichever is less. Moving expenses
141include the cost of taking down, moving, and setting up the
142mobile home in a new location.
143     (7)  In lieu of collecting payment from the Florida Mobile
144Home Relocation Corporation as set forth in subsection (1), a
145mobile home owner may abandon the mobile home in the mobile home
146park 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
148mobile home owner delivers to the park owner the current title to
149the mobile home duly endorsed by the owner of record and valid
150releases of all liens shown on the title. If a mobile home owner
151chooses this option, the park owner shall make payment to the
152corporation in an amount equal to the amount the mobile home
153owner is entitled to under this subsection. The mobile home
154owner's application for funds under this subsection shall require
155the submission of a document signed by the park owner stating
156that the home has been abandoned under this subsection and that
157the park owner agrees to make payment to the corporation in the
158amount provided to the home owner under this subsection. However,
159in the event that the required documents are not submitted with
160the application, the corporation may consider the facts and
161circumstances surrounding the abandonment of the home to
162determine whether the mobile home owner is entitled to payment
163pursuant to this subsection. The mobile home owner is not
164entitled to any compensation under this subsection if there is a
165pending eviction action for nonpayment of lot rental amount
166pursuant to s. 723.061(1)(a) which was filed against him or her
167prior to the mailing date of the notice of change in the use of
168the mobile home park given pursuant to s. 723.061(1)(d).
169     Section 5.  Subsections (1) through (3) and paragraph (d) of
170subsection (4) of section 723.071, Florida Statutes, are amended
171to read:
172     723.071  Sale of mobile home parks.--
173     (1)(a)  If a mobile home park owner offers a mobile home
174park for sale or receives a bona fide offer for purchase, she or
175he shall notify the officers of the homeowners' association
176created pursuant to ss. 723.075-723.079 of the offer, stating the
177price and the terms and conditions of sale.
178     (b)  The mobile home owners, by and through the association
179defined in s. 723.075, shall have the right to purchase the park,
180provided the home owners meet the price and terms and conditions
181of the mobile home park owner by executing a contract with the
182park owner within 120 45 days, unless agreed to otherwise, from
183the date of mailing of the notice and provided they have complied
184with ss. 723.075-723.079. To exercise its right to purchase the
185park, the homeowners' association shall be required to execute a
186contract for only the mobile home park that the homeowners'
187association represents. If a contract between the park owner and
188the association is not executed within such 120-day 45-day
189period, then, unless the park owner thereafter elects to offer
190the park at a price lower than the price specified in her or his
191notice to the officers of the homeowners' association or to
192change the terms and conditions of the offer, the park owner has
193no further obligations under this subsection, and her or his only
194obligation shall be as set forth in subsection (2).
195     (c)  If the park owner thereafter elects to offer the park
196at a price lower than the price specified in her or his notice to
197the home owners or to change the terms and conditions of the
198offer, the home owners, by and through the association, will have
199an additional 10 days to meet the price and terms and conditions
200of the park owner by executing a contract.
201     (2)  If a mobile home park owner receives a bona fide offer
202to purchase the park that she or he intends to consider or make a
203counteroffer to, the mobile home park owner must first comply
204with subsection (1) park owner's only obligation shall be to
205notify the officers of the homeowners' association that she or he
206has received an offer and disclose the price and material terms
207and conditions upon which she or he would consider selling the
208park and consider any offer made by the home owners, provided the
209home owners have complied with ss. 723.075-723.079. The park
210owner shall be under no obligation to sell to the home owners or
211to interrupt or delay other negotiations and shall be free at any
212time to execute a contract for the sale of the park to a party or
213parties other than the home owners or the association. Within 120
214days after the date the mobile home park owner mails notification
215of a bona fide offer for purchase, the homeowners' association
216must be given the right of first refusal to meet the price and
217terms and conditions required to execute a contract that has the
218identical price and terms and conditions made in the unsolicited
219offer for the mobile home park. In addition to the purchase
220price, the homeowners' association is responsible for payment to
221the third party making the bona fide offer of an amount to cover
222all due diligence costs, not to exceed $8,000, incurred in the
223course of making the offer to the park owner. The Legislature
224encourages mobile home owners to organize as homeowners'
225associations pursuant to s. 723.075 for the purpose of
226negotiating 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"
229means the placing of a notice in the United States mail addressed
230to the officers of the homeowners' association. Each such notice
231shall be deemed to have been given upon the deposit of the notice
232in the United States mail.
233     (b)  As used in subsection (1), the term "Offer" means any
234solicitation by the park owner to the general public or any
235unsolicited 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.
238However, this exception may not be used to avoid sale to the
239homeowners' association.
240     Section 6.  This act shall take effect July 1, 2009.


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