| 1 | A bill to be entitled |
| 2 | An act relating to mobile home park tenancies; amending s. |
| 3 | 420.0003, F.S.; directing the Florida Housing Finance |
| 4 | Corporation to provide technical assistance to mobile home |
| 5 | owners in purchasing their mobile home park; amending s. |
| 6 | 420.502, F.S.; providing legislative findings; amending s. |
| 7 | 723.061, F.S.; revising procedures for mobile home owners |
| 8 | being provided eviction notice due to a change in use of |
| 9 | the land comprising the mobile home park; requiring |
| 10 | certain notice to the homeowners' association; providing |
| 11 | an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraph (e) is added to subsection (4) of |
| 16 | section 420.0003, Florida Statutes, to read: |
| 17 | 420.0003 State housing strategy.- |
| 18 | (4) IMPLEMENTATION.-The Department of Community Affairs |
| 19 | and the Florida Housing Finance Corporation in carrying out the |
| 20 | strategy articulated herein shall have the following duties: |
| 21 | (e) The Florida Housing Finance Corporation shall use its |
| 22 | expertise to provide technical assistance to mobile home owners, |
| 23 | working through their homeowners' association formed and |
| 24 | operating pursuant to ss. 723.075-723.079, in purchasing their |
| 25 | mobile home park, including, but not limited to, the issuance of |
| 26 | bonds through a not-for-profit organization exempt under the |
| 27 | provisions of s. 501(c)(3) of the United States Internal Revenue |
| 28 | Code. Upon written request of mobile home owners working through |
| 29 | their homeowners' association formed and operating pursuant to |
| 30 | ss. 723.075-723.079, the Florida Housing Finance Corporation is |
| 31 | directed to provide technical assistance in creating the not- |
| 32 | for-profit organization to purchase their mobile home park. |
| 33 | Section 2. Subsection (9) is added to section 420.502, |
| 34 | Florida Statutes, to read: |
| 35 | 420.502 Legislative findings.-It is hereby found and |
| 36 | declared as follows: |
| 37 | (9) Mobile home parks are an essential element of |
| 38 | providing affordable housing in the state. |
| 39 | Section 3. Section 723.061, Florida Statutes, is amended |
| 40 | to read: |
| 41 | 723.061 Eviction; grounds, proceedings.- |
| 42 | (1) A mobile home park owner may evict a mobile home |
| 43 | owner, a mobile home tenant, a mobile home occupant, or a mobile |
| 44 | home only on one or more of the grounds provided in this |
| 45 | section. |
| 46 | (a) Nonpayment of lot rental amount. If a mobile home |
| 47 | owner or tenant, whichever is responsible, fails to pay the lot |
| 48 | rental amount when due and if the default continues for 5 days |
| 49 | after delivery of a written demand by the mobile home park owner |
| 50 | for payment of the lot rental amount, the park owner may |
| 51 | terminate the tenancy. However, if the mobile home owner or |
| 52 | tenant, whichever is responsible, pays the lot rental amount |
| 53 | due, including any late charges, court costs, and attorney's |
| 54 | fees, the court may, for good cause, deny the order of eviction, |
| 55 | provided such nonpayment has not occurred more than twice. |
| 56 | (b) Conviction of a violation of a federal or state law or |
| 57 | local ordinance, which violation may be deemed detrimental to |
| 58 | the health, safety, or welfare of other residents of the mobile |
| 59 | home park. The mobile home owner or mobile home tenant will have |
| 60 | 7 days from the date that notice to vacate is delivered to |
| 61 | vacate the premises. This paragraph shall be grounds to deny an |
| 62 | initial tenancy of a purchaser of a home pursuant to paragraph |
| 63 | (e) or to evict an unapproved occupant of a home. |
| 64 | (c) Violation of a park rule or regulation, the rental |
| 65 | agreement, or this chapter. |
| 66 | 1. For the first violation of any properly promulgated |
| 67 | rule or regulation, rental agreement provision, or this chapter |
| 68 | which is found by any court having jurisdiction thereof to have |
| 69 | been an act which endangered the life, health, safety, or |
| 70 | property of the park residents or employees or the peaceful |
| 71 | enjoyment of the mobile home park by its residents, the mobile |
| 72 | home park owner may terminate the rental agreement, and the |
| 73 | mobile home owner, tenant, or occupant will have 7 days from the |
| 74 | date that the notice is delivered to vacate the premises. |
| 75 | 2. For a second violation of the same properly promulgated |
| 76 | rule or regulation, rental agreement provision, or this chapter |
| 77 | within 12 months, the mobile home park owner may terminate the |
| 78 | tenancy if she or he has given the mobile home owner, tenant, or |
| 79 | occupant written notice within 30 days of the first violation, |
| 80 | which notice specified the actions of the mobile home owner, |
| 81 | tenant, or occupant which caused the violation and gave the |
| 82 | mobile home owner, tenant, or occupant 7 days to correct the |
| 83 | noncompliance. The mobile home owner, tenant, or occupant must |
| 84 | have received written notice of the ground upon which she or he |
| 85 | is to be evicted at least 30 days prior to the date on which she |
| 86 | or he is required to vacate. A second violation of a properly |
| 87 | promulgated rule or regulation, rental agreement provision, or |
| 88 | this chapter within 12 months of the first violation is |
| 89 | unequivocally a ground for eviction, and it is not a defense to |
| 90 | any eviction proceeding that a violation has been cured after |
| 91 | the second violation. Violation of a rule or regulation, rental |
| 92 | agreement provision, or this chapter after the passage of 1 year |
| 93 | from the first violation of the same rule or regulation, rental |
| 94 | agreement provision, or this chapter does not constitute a |
| 95 | ground for eviction under this section. |
| 96 |
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| 97 | No properly promulgated rule or regulation may be arbitrarily |
| 98 | applied and used as a ground for eviction. |
| 99 | (d) Change in use of the land comprising the mobile home |
| 100 | park, or the portion thereof from which mobile homes are to be |
| 101 | evicted, from mobile home lot rentals to some other use, |
| 102 | provided: |
| 103 | 1. The park owner gives written notice to the homeowners' |
| 104 | association formed and operating pursuant to ss. 723.075-723.079 |
| 105 | of its right to purchase the mobile home park, if the land |
| 106 | comprising the mobile home park is changing use from mobile home |
| 107 | lot rentals to a different use, at the price and terms and |
| 108 | conditions set forth in such written notice. |
| 109 | a. Notice shall be given to the officers of the |
| 110 | homeowners' association by United States mail. Within 45 days |
| 111 | after the date of mailing the notice, the homeowners' |
| 112 | association shall have the right to execute and deliver a |
| 113 | contract to the park owner to purchase the mobile home park |
| 114 | under the same price and terms and conditions as set forth in |
| 115 | the notice. The conditions in the notice may require the |
| 116 | purchase of other real estate that is contiguous or adjacent to |
| 117 | the mobile home park. If such contract between the park owner |
| 118 | and the homeowners' association is not executed and delivered to |
| 119 | the park owner within the 45-day period, the park owner shall be |
| 120 | under no further obligation to the homeowners' association under |
| 121 | this sub-subparagraph, and her or his only obligation shall be |
| 122 | as set forth in sub-subparagraph b. |
| 123 | b. If the park owner elects to offer or sell the park at a |
| 124 | price lower than the price specified in her or his initial |
| 125 | notice to the officers of the homeowners' association, the |
| 126 | homeowners' association shall have an additional 10 days to meet |
| 127 | the revised price and terms and conditions of the park owner by |
| 128 | executing and delivering the revised contract to the park owner. |
| 129 | c. The park owner shall have no obligation under this |
| 130 | paragraph or s. 723.071 to give any further notice to or to |
| 131 | negotiate with the homeowners' association for the sale of the |
| 132 | mobile home park to the homeowners' association after 6 months |
| 133 | from the date of mailing the initial notice described in sub- |
| 134 | subparagraph a. |
| 135 | 2. The park owner gives the affected mobile home owners |
| 136 | and mobile home tenants with all tenants affected are given at |
| 137 | least 6 months' notice of eviction due to the projected change |
| 138 | in of use and of their need to secure other accommodations. |
| 139 | a. The notice of eviction due to a change in use of the |
| 140 | land may be given to the affected mobile home owners at the same |
| 141 | time as or after the notice of a right to purchase the mobile |
| 142 | home park has been given to the officers of the homeowners' |
| 143 | association as set forth in subparagraph 1.a. |
| 144 | b. The notice of eviction due to a change in use of the |
| 145 | land shall include in a font no smaller than the body of the |
| 146 | notice the following statement: YOU MAY BE ENTITLED TO |
| 147 | COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, |
| 148 | ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION |
| 149 | (FMHRC). FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA |
| 150 | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. |
| 151 | c. The park owner may not give a notice of increase in lot |
| 152 | rental amount within 90 days before giving notice of a change in |
| 153 | use. |
| 154 | (e) Failure of the purchaser, prospective tenant, or |
| 155 | occupant of a mobile home situated in the mobile home park to be |
| 156 | qualified as, and to obtain approval to become, a tenant or |
| 157 | occupant of the home, if such approval is required by a properly |
| 158 | promulgated rule. If a purchaser or prospective tenant of a |
| 159 | mobile home situated in the mobile home park occupies the mobile |
| 160 | home before approval is granted, the mobile home owner or mobile |
| 161 | home tenant shall have 7 days from the date the notice of the |
| 162 | failure to be approved for tenancy is delivered to vacate the |
| 163 | premises. |
| 164 | (2) In the event of eviction for change in of use, |
| 165 | homeowners must object to the change in use by petitioning for |
| 166 | administrative or judicial remedies within 90 days of the date |
| 167 | of the notice or they will be barred from taking any subsequent |
| 168 | action to contest the change in use. This provision shall not be |
| 169 | construed to prevent any homeowner from objecting to a zoning |
| 170 | change at any time. |
| 171 | (3) The provisions of s. 723.083 shall not be applicable |
| 172 | to any park where the provisions of this subsection apply. |
| 173 | (4) A mobile home park owner applying for the removal of a |
| 174 | mobile home owner, tenant, occupant, or a mobile home shall |
| 175 | file, in the county court in the county where the mobile home |
| 176 | lot is situated, a complaint describing the lot and stating the |
| 177 | facts that authorize the removal of the mobile home owner, |
| 178 | tenant, occupant, or the mobile home. The park owner is entitled |
| 179 | to the summary procedure provided in s. 51.011, and the court |
| 180 | shall advance the cause on the calendar. |
| 181 | (5) Except for the notice to the officers of the |
| 182 | homeowners' association as provided in subparagraph (1)(d)1., |
| 183 | any notice required by this section must be in writing, and must |
| 184 | be posted on the premises and sent to the mobile home owner and |
| 185 | tenant or occupant, as appropriate, by certified or registered |
| 186 | mail, return receipt requested, addressed to the mobile home |
| 187 | owner and tenant or occupant, as appropriate, at her or his last |
| 188 | known address. Delivery of the mailed notice shall be deemed |
| 189 | given 5 days after the date of postmark. |
| 190 | Section 4. This act shall take effect July 1, 2010. |