| 1 | A bill to be entitled |
| 2 | An act relating to mobile home park lot tenancies; |
| 3 | amending s. 723.031, F.S.; deleting cross-references to |
| 4 | conform to changes made by the act; amending s. 723.0381, |
| 5 | F.S.; authorizing the court to refer actions to binding |
| 6 | arbitration under certain conditions; amending s. 723.059, |
| 7 | F.S.; deleting a provision relating to mobile home park |
| 8 | owners increasing rental amounts under certain conditions; |
| 9 | amending s. 723.061, F.S., relating to grounds and |
| 10 | proceedings for eviction; requiring a mobile home park |
| 11 | owner to apply to the local government for change of use |
| 12 | or rezoning under specified conditions; requiring such |
| 13 | owner to provide a specified relocation plan; providing |
| 14 | that such application and plan be provided to the park's |
| 15 | homeowners' association; providing that a park owner may |
| 16 | not give a notice of increase in lot rental amount during |
| 17 | a specified period; deleting a provision relating to |
| 18 | nonapplicability of certain provisions relating to |
| 19 | governmental action affecting removal of mobile home |
| 20 | owners; amending s. 723.071, F.S.; revising notice |
| 21 | requirements relating to the sale of mobile home parks; |
| 22 | revising provisions relating to a homeowners' |
| 23 | association's right to purchase the mobile home park; |
| 24 | increasing the number of days in which a contract must be |
| 25 | executed for such sale; providing requirements for the |
| 26 | purchase of the park by a homeowners' association; |
| 27 | providing offer requirements; deleting definitions to |
| 28 | conform to changes in such notice requirements; amending |
| 29 | s. 723.083, F.S.; requiring an agency of municipal, local, |
| 30 | county, or state government to first determine the |
| 31 | existence of adequate mobile home parks or other |
| 32 | monetarily comparable, suitable, and available facilities |
| 33 | before approving any action that would result in the |
| 34 | removal or relocation of mobile home owners residing in a |
| 35 | mobile home park; providing an effective date. |
| 36 |
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| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
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| 39 | Section 1. Subsection (5) of section 723.031, Florida |
| 40 | Statutes, is amended to read: |
| 41 | 723.031 Mobile home lot rental agreements.-- |
| 42 | (5) The rental agreement shall contain the lot rental |
| 43 | amount and services included. An increase in lot rental amount |
| 44 | upon expiration of the term of the lot rental agreement shall be |
| 45 | in accordance with ss. 723.033 and 723.037 or s. 723.059(4), |
| 46 | whichever is applicable, provided that, pursuant to s. |
| 47 | 723.059(4), the amount of the lot rental increase is disclosed |
| 48 | and agreed to by the purchaser, in writing. An increase in lot |
| 49 | rental amount shall not be arbitrary or discriminatory between |
| 50 | similarly situated tenants in the park. No lot rental amount may |
| 51 | be increased during the term of the lot rental agreement, |
| 52 | except: |
| 53 | (a) When the manner of the increase is disclosed in a lot |
| 54 | rental agreement with a term exceeding 12 months and which |
| 55 | provides for such increases not more frequently than annually. |
| 56 | (b) For pass-through charges as defined in s. 723.003(10). |
| 57 | (c) That no charge may be collected that results in |
| 58 | payment of money for sums previously collected as part of the |
| 59 | lot rental amount. The provisions hereof notwithstanding, the |
| 60 | mobile home park owner may pass on, at any time during the term |
| 61 | of the lot rental agreement, ad valorem property taxes and |
| 62 | utility charges, or increases of either, provided that the ad |
| 63 | valorem property taxes and the utility charges are not otherwise |
| 64 | being collected in the remainder of the lot rental amount and |
| 65 | provided further that the passing on of such ad valorem taxes or |
| 66 | utility charges, or increases of either, was disclosed prior to |
| 67 | tenancy, was being passed on as a matter of custom between the |
| 68 | mobile home park owner and the mobile home owner, or such |
| 69 | passing on was authorized by law. Such ad valorem taxes and |
| 70 | utility charges shall be a part of the lot rental amount as |
| 71 | defined by this chapter. Other provisions of this chapter |
| 72 | notwithstanding, pass-on charges may be passed on only within 1 |
| 73 | year of the date a mobile home park owner remits payment of the |
| 74 | charge. A mobile home park owner is prohibited from passing on |
| 75 | any fine, interest, fee, or increase in a charge resulting from |
| 76 | a park owner's payment of the charge after the date such charges |
| 77 | become delinquent. Nothing herein shall prohibit a park owner |
| 78 | and a homeowner from mutually agreeing to an alternative manner |
| 79 | of payment to the park owner of the charges. |
| 80 | Section 2. Subsection (2) of section 723.0381, Florida |
| 81 | Statutes, is amended to read: |
| 82 | 723.0381 Civil actions; arbitration.-- |
| 83 | (2) The court may refer the action to nonbinding |
| 84 | arbitration pursuant to s. 44.103, or, with the consent of both |
| 85 | parties, to binding arbitration pursuant to s. 44.104, and the |
| 86 | Florida Rules of Civil Procedure. The court shall order the |
| 87 | hearing to be held informally with presentation of testimony |
| 88 | kept to a minimum and matters presented to the arbitrators |
| 89 | primarily through the statements and arguments of counsel. The |
| 90 | court shall assess the parties equally to pay the compensation |
| 91 | awarded to the arbitrators if neither party requests a trial de |
| 92 | novo. If a party has filed for a trial de novo, the party shall |
| 93 | be assessed the arbitration costs, court costs, and other |
| 94 | reasonable costs of the opposing party, including attorney's |
| 95 | fees, investigation expenses, and expenses for expert or other |
| 96 | testimony or evidence incurred after the arbitration hearing if |
| 97 | the judgment upon the trial de novo is not more favorable than |
| 98 | the arbitration decision. If subsequent to arbitration a party |
| 99 | files for a trial de novo, the arbitration decision may be made |
| 100 | known to the judge only after he or she has entered his or her |
| 101 | order on the merits. |
| 102 | Section 3. Subsections (4) and (5) of section 723.059, |
| 103 | Florida Statutes, are amended to read: |
| 104 | 723.059 Rights of purchaser.-- |
| 105 | (4) However, nothing herein shall be construed to prohibit |
| 106 | a mobile home park owner from increasing the rental amount to be |
| 107 | paid by the purchaser upon the expiration of the assumed rental |
| 108 | agreement in an amount deemed appropriate by the mobile home |
| 109 | park owner, so long as such increase is disclosed to the |
| 110 | purchaser prior to his or her occupancy and is imposed in a |
| 111 | manner consistent with the initial offering circular or |
| 112 | prospectus and this act. |
| 113 | (4)(5) Lifetime leases, both those existing and those |
| 114 | entered into after July 1, 1986, shall be nonassumable unless |
| 115 | otherwise provided in the lot rental agreement or unless the |
| 116 | transferee is the home owner's spouse. The renewal provisions in |
| 117 | automatically renewable leases, both those existing and those |
| 118 | entered into after July 1, 1986, are not assumable unless |
| 119 | otherwise provided in the lease agreement. |
| 120 | Section 4. Paragraph (d) of subsection (1) and subsections |
| 121 | (3) through (5) of section 723.061, Florida Statutes, are |
| 122 | amended to read: |
| 123 | 723.061 Eviction; grounds, proceedings.-- |
| 124 | (1) A mobile home park owner may evict a mobile home |
| 125 | owner, a mobile home tenant, a mobile home occupant, or a mobile |
| 126 | home only on one or more of the grounds provided in this |
| 127 | section. |
| 128 | (d) Change in use of the land comprising the mobile home |
| 129 | park, or the portion thereof from which mobile homes are to be |
| 130 | evicted, from mobile home lot rentals to some other use, |
| 131 | provided all tenants affected are given at least 6 months' |
| 132 | notice of the projected change of use and of their need to |
| 133 | secure other accommodations and provided the mobile home park |
| 134 | owner has made application to the local government for change of |
| 135 | use or rezoning. In an attachment to the application, the mobile |
| 136 | home park owner shall provide a relocation plan indicating |
| 137 | monetarily comparable locations for the displaced residents. The |
| 138 | application and the attachment shall be provided to the park's |
| 139 | homeowners' association. The notice shall include in a font no |
| 140 | smaller than the body of the notice: YOU MAY BE ENTITLED TO |
| 141 | COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, |
| 142 | ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION |
| 143 | (FMHRC). FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA |
| 144 | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. The park |
| 145 | owner may not give a notice of increase in lot rental amount |
| 146 | within 90 days before giving notice of a change in use nor |
| 147 | during the 6-month eviction notice term. |
| 148 | (3) The provisions of s. 723.083 shall not be applicable |
| 149 | to any park where the provisions of this subsection apply. |
| 150 | (3)(4) A mobile home park owner applying for the removal |
| 151 | of a mobile home owner, tenant, occupant, or a mobile home shall |
| 152 | file, in the county court in the county where the mobile home |
| 153 | lot is situated, a complaint describing the lot and stating the |
| 154 | facts that authorize the removal of the mobile home owner, |
| 155 | tenant, occupant, or the mobile home. The park owner is entitled |
| 156 | to the summary procedure provided in s. 51.011, and the court |
| 157 | shall advance the cause on the calendar. |
| 158 | (4)(5) Any notice required by this section must be in |
| 159 | writing, and must be posted on the premises and sent to the |
| 160 | mobile home owner and tenant or occupant, as appropriate, by |
| 161 | certified or registered mail, return receipt requested, |
| 162 | addressed to the mobile home owner and tenant or occupant, as |
| 163 | appropriate, at her or his last known address. Delivery of the |
| 164 | mailed notice shall be deemed given 5 days after the date of |
| 165 | postmark. |
| 166 | Section 5. Section 723.071, Florida Statutes, is amended |
| 167 | to read: |
| 168 | 723.071 Sale of mobile home parks.-- |
| 169 | (1)(a) If a mobile home park owner intends to offer offers |
| 170 | a mobile home park for sale, or if a mobile home park owner |
| 171 | receives a bona fide offer to purchase the park that she or he |
| 172 | intends to consider or make a counteroffer to, she or he shall |
| 173 | notify, by certified mail, the officers of the homeowners' |
| 174 | association created pursuant to ss. 723.075-723.079, and the |
| 175 | Florida Housing Finance Corporation, of the offer, or of her or |
| 176 | his intent to offer, stating the price and the terms and |
| 177 | conditions of sale, provided the requirements of the homeowners' |
| 178 | offer to purchase as set forth in subsection (2) have been met |
| 179 | by the homeowners' association. |
| 180 | (b) The mobile home owners, by and through the association |
| 181 | defined in s. 723.075, shall have the right to purchase the |
| 182 | park, and the mobile home park owner is obligated to sell to the |
| 183 | home owners, provided the home owners meet the price and terms |
| 184 | and conditions of the mobile home park owner by executing a |
| 185 | contract with the park owner within 120 45 days, unless agreed |
| 186 | to otherwise, from the date of mailing of the notice and |
| 187 | provided they have complied with ss. 723.075-723.079. If a |
| 188 | contract between the park owner and the association is not |
| 189 | executed within such 120-day 45-day period, then, unless the |
| 190 | park owner thereafter elects to offer the park at a price lower |
| 191 | than the price specified in her or his notice to the officers of |
| 192 | the homeowners' association, the park owner has no further |
| 193 | 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 or higher than the price specified in her or |
| 197 | his notice to the home owners, the home owners, by and through |
| 198 | the association, will have an additional 21 10 days to meet the |
| 199 | price and terms and conditions of the park owner by executing a |
| 200 | contract. The homeowners, by and through the association, shall |
| 201 | have 21 days to meet the price and terms and conditions of a |
| 202 | counteroffer. |
| 203 | (2) If the mobile home owners, by and through the |
| 204 | association, have made a bona fide offer to purchase the park by |
| 205 | certified mail to the mobile home park owner, the park owner is |
| 206 | required to comply with the provisions of subsection (1). The |
| 207 | offer to purchase must be renewed annually by certified mail to |
| 208 | the park owner. The offer to purchase must include information |
| 209 | about the number of home owners who are making the offer; the |
| 210 | date, time, and place of the homeowners' association meeting |
| 211 | determining such offer; and information concerning the ability |
| 212 | of the home owners to purchase the park using a middle |
| 213 | appraisal. If the homeowners' association has not made an offer |
| 214 | to purchase by certified mail to the mobile home park owner, the |
| 215 | park owner has no obligation to comply with the provisions of |
| 216 | subsection (1). If a mobile home park owner receives a bona fide |
| 217 | offer to purchase the park that she or he intends to consider or |
| 218 | make a counteroffer to, the park owner's only obligation shall |
| 219 | be to notify the officers of the homeowners' association that |
| 220 | she or he has received an offer and disclose the price and |
| 221 | material terms and conditions upon which she or he would |
| 222 | consider selling the park and consider any offer made by the |
| 223 | home owners, provided the home owners have complied with ss. |
| 224 | 723.075-723.079. The park owner shall be under no obligation to |
| 225 | sell to the home owners or to interrupt or delay other |
| 226 | negotiations and shall be free at any time to execute a contract |
| 227 | for the sale of the park to a party or parties other than the |
| 228 | home owners or the association. |
| 229 | (3)(a) As used in subsections (1) and (2), the term |
| 230 | "notify" means the placing of a notice in the United States mail |
| 231 | addressed to the officers of the homeowners' association. Each |
| 232 | such notice shall be deemed to have been given upon the deposit |
| 233 | of the notice in the United States mail. |
| 234 | (b) As used in subsection (1), the term "offer" means any |
| 235 | solicitation by the park owner to the general public. |
| 236 | (3)(4) This section does not apply to: |
| 237 | (a) Any sale or transfer to a person who would be included |
| 238 | within the table of descent and distribution if the park owner |
| 239 | were to die intestate. |
| 240 | (b) Any transfer by gift, devise, or operation of law. |
| 241 | (c) Any transfer by a corporation to an affiliate. As used |
| 242 | herein, the term "affiliate" means any shareholder of the |
| 243 | transferring corporation; any corporation or entity owned or |
| 244 | controlled, directly or indirectly, by the transferring |
| 245 | corporation; or any other corporation or entity owned or |
| 246 | controlled, directly or indirectly, by any shareholder of the |
| 247 | transferring corporation. |
| 248 | (d) Any transfer by a partnership to any of its partners. |
| 249 | (e) Any conveyance of an interest in a mobile home park |
| 250 | incidental to the financing of such mobile home park. |
| 251 | (f) Any conveyance resulting from the foreclosure of a |
| 252 | mortgage, deed of trust, or other instrument encumbering a |
| 253 | mobile home park or any deed given in lieu of such foreclosure. |
| 254 | (g) Any sale or transfer between or among joint tenants or |
| 255 | tenants in common owning a mobile home park. |
| 256 | (h) Any exchange of a mobile home park for other real |
| 257 | property, whether or not such exchange also involves the payment |
| 258 | of cash or other boot. |
| 259 | (i) The purchase of a mobile home park by a governmental |
| 260 | entity under its powers of eminent domain. |
| 261 | Section 6. Section 723.083, Florida Statutes, is amended |
| 262 | to read: |
| 263 | 723.083 Governmental action affecting removal of mobile |
| 264 | home owners.--No agency of municipal, local, county, or state |
| 265 | government shall approve any application for rezoning, or take |
| 266 | any other official action, which would result in the removal or |
| 267 | relocation of mobile home owners residing in a mobile home park |
| 268 | without first determining that adequate mobile home parks or |
| 269 | other monetarily comparable, suitable, and available facilities |
| 270 | exist for the relocation of the mobile home owners. |
| 271 | Section 7. This act shall take effect July 1, 2009. |