| 1 | A bill to be entitled | 
| 2 | An act relating to mobile home park lot tenancies; | 
| 3 | creating s. 723.024, F.S.; providing for citation of the | 
| 4 | responsible party for a violation of a local code or | 
| 5 | ordinance; prohibiting liens, penalties, fines, or other | 
| 6 | administrative or civil proceedings against one party or | 
| 7 | that party's property for a duty or responsibility of the | 
| 8 | other party; amending s. 723.061, F.S.; revising | 
| 9 | provisions relating to grounds and proceedings for | 
| 10 | eviction; revising procedures for mobile home owners being | 
| 11 | provided eviction notice due to a change in use of the | 
| 12 | land comprising the mobile home park or the portion | 
| 13 | thereof from which mobile homes are to be evicted; | 
| 14 | providing requirements of the park owner and requirements | 
| 15 | and rights of an applicable homeowners' association with | 
| 16 | respect to the sale of the mobile home park under a change | 
| 17 | in use eviction; deleting a provision relating to | 
| 18 | governmental action affecting the removal of mobile home | 
| 19 | owners; providing an effective date. | 
| 20 | 
 | 
| 21 | Be It Enacted by the Legislature of the State of Florida: | 
| 22 | 
 | 
| 23 | Section 1.  Section 723.024, Florida Statutes, is created | 
| 24 | to read: | 
| 25 | 723.024  Compliance by mobile home park owners and mobile | 
| 26 | home owners.-Notwithstanding any other provision of this chapter | 
| 27 | or of any local law, ordinance, or code: | 
| 28 | (1)  If a unit of local government finds that a violation | 
| 29 | of a local code or ordinance has occurred, the unit of local | 
| 30 | government shall cite the responsible party for the violation | 
| 31 | and enforce the citation under its local code and ordinance | 
| 32 | enforcement authority. | 
| 33 | (2)  A lien, penalty, fine, or other administrative or | 
| 34 | civil proceeding may not be brought against a mobile home owner | 
| 35 | or mobile home for any duty or responsibility of the mobile home | 
| 36 | park owner under s. 723.022 or against a mobile home park owner | 
| 37 | or mobile home park property for any duty or responsibility of | 
| 38 | the mobile home owner under s. 723.023. | 
| 39 | Section 2.  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 following grounds: provided in  | 
| 45 | this section. | 
| 46 | (a)  Nonpayment of the 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 | if providedsuch nonpayment has not occurred more than twice. | 
| 56 | (b)  Conviction of a violation of a federal or state law or | 
| 57 | local ordinance, if the whichviolation ismay be deemed  | 
| 58 | detrimental to the health, safety, or welfare of other residents | 
| 59 | of the mobile home park. The mobile home owner or mobile home | 
| 60 | tenant must vacate the premises within will have7 days after | 
| 61 | fromthe date thethatnotice to vacate is deliveredto vacate  | 
| 62 | the premises. This paragraph constitutesshall begrounds to | 
| 63 | deny an initial tenancy of a purchaser of a home under pursuant  | 
| 64 | toparagraph (e) or to evict an unapproved occupant of a home. | 
| 65 | (c)  Violation of a park rule or regulation, the rental | 
| 66 | agreement, or this chapter. | 
| 67 | 1.  For the first violation of any properly promulgated | 
| 68 | rule or regulation, rental agreement provision, or this chapter | 
| 69 | which is found by any court of competent havingjurisdiction | 
| 70 | thereofto have been an act thatwhichendangered the life, | 
| 71 | health, safety, or property of the park residents or employees | 
| 72 | or the peaceful enjoyment of the mobile home park by its | 
| 73 | residents, the mobile home park owner may terminate the rental | 
| 74 | agreement, and the mobile home owner, tenant, or occupant must | 
| 75 | vacate the premises within will have7 days afterfrom the date  | 
| 76 | thatthe notice to vacate is deliveredto vacate the premises. | 
| 77 | 2.  For a second violation of the same properly promulgated | 
| 78 | rule or regulation, rental agreement provision, or this chapter | 
| 79 | within 12 months, the mobile home park owner may terminate the | 
| 80 | tenancy if she or he has given the mobile home owner, tenant, or | 
| 81 | occupant written notice, within 30 days after ofthe first | 
| 82 | violation, which noticespecified the actions of the mobile home | 
| 83 | owner, tenant, or occupant that whichcaused the violation and | 
| 84 | gave the mobile home owner, tenant, or occupant 7 days to | 
| 85 | correct the noncompliance. The mobile home owner, tenant, or | 
| 86 | occupant must have received written notice of the ground upon | 
| 87 | which she or he is to be evicted at least 30 days prior to the | 
| 88 | date on which she or he is required to vacate. A second | 
| 89 | violation of a properly promulgated rule or regulation, rental | 
| 90 | agreement provision, or this chapter within 12 months of the | 
| 91 | first violation is unequivocally a ground for eviction, and it | 
| 92 | is not a defense to any eviction proceeding that a violation has | 
| 93 | been cured after the second violation. Violation of a rule or | 
| 94 | regulation, rental agreement provision, or this chapter more | 
| 95 | than after the passage of1 year afterfromthe first violation | 
| 96 | of the same rule or regulation, rental agreement provision, or | 
| 97 | this chapter does not constitute a ground for eviction under | 
| 98 | this section. | 
| 99 | 
 | 
| 100 | A Noproperly promulgated rule or regulation may not be | 
| 101 | arbitrarily applied and used as a ground for eviction. | 
| 102 | (d)  Change in use of the land comprising the mobile home | 
| 103 | park, or the portion thereof from which mobile homes are to be | 
| 104 | evicted, from mobile home lot rentals to some other use, if: | 
| 105 | 1.  The park owner gives written notice to the homeowners' | 
| 106 | association formed and operating under ss. 723.075-723.079 of | 
| 107 | its right to purchase the mobile home park, if the land | 
| 108 | comprising the mobile home park is changing use from mobile home | 
| 109 | lot rentals to a different use, at the price and under the terms | 
| 110 | and conditions set forth in the written notice. | 
| 111 | a.  The notice shall be delivered to the officers of the | 
| 112 | homeowners' association by United States mail. Within 45 days | 
| 113 | after the date of mailing of the notice, the homeowners' | 
| 114 | association may execute and deliver a contract to the park owner | 
| 115 | to purchase the mobile home park at the price and under the | 
| 116 | terms and conditions set forth in the notice. If the contract | 
| 117 | between the park owner and the homeowners' association is not | 
| 118 | executed and delivered to the park owner within the 45-day | 
| 119 | period, the park owner is under no further obligation to the | 
| 120 | homeowners' association except as provided in sub-subparagraph | 
| 121 | b. | 
| 122 | b.  If the park owner elects to offer or sell the mobile | 
| 123 | home park at a price lower than the price specified in her or | 
| 124 | his initial notice to the officers of the homeowners' | 
| 125 | association, the homeowners' association has an additional 10 | 
| 126 | days to meet the revised price, terms, and conditions of the | 
| 127 | park owner by executing and delivering a revised contract to the | 
| 128 | park owner. | 
| 129 | c.  The park owner is not obligated under this subparagraph | 
| 130 | or s. 723.071 to give any other notice to, or to further | 
| 131 | negotiate with, the homeowners' association for the sale of the | 
| 132 | mobile home park to the homeowners' association after 6 months | 
| 133 | after the date of the mailing of the initial notice under sub- | 
| 134 | subparagraph a. | 
| 135 | 2.  The park owner gives the affected mobile home owners | 
| 136 | and tenants provided all tenants affected are givenat least 6 | 
| 137 | months' notice of the eviction due to the projected change in of  | 
| 138 | 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 must shallinclude in a font no smaller than the body of | 
| 141 | the notice the following statement: | 
| 142 | 
 | 
| 143 | YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA | 
| 144 | MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE | 
| 145 | FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). | 
| 146 | FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE | 
| 147 | FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL | 
| 148 | REGULATION. | 
| 149 | 
 | 
| 150 | b.  The park owner may not give a notice of increase in lot | 
| 151 | rental amount within 90 days before giving notice of a change in | 
| 152 | use. | 
| 153 | (e)  Failure of the purchaser, prospective tenant, or | 
| 154 | occupant of a mobile home situated in the mobile home park to be | 
| 155 | qualified as, and to obtain approval to become, a tenant or | 
| 156 | occupant of the home, if such approval is required by a properly | 
| 157 | promulgated rule. If a purchaser or prospective tenant of a | 
| 158 | mobile home situated in the mobile home park occupies the mobile | 
| 159 | home before such approval is granted, the mobile home owner or | 
| 160 | mobile home tenant must vacate the premises within shall have7 | 
| 161 | days after fromthe date the notice of the failure to be | 
| 162 | approved for tenancy is delivered to vacate the premises. | 
| 163 | (2)  In the event of eviction for a change in ofuse, | 
| 164 | homeowners must object to the change in use by petitioning for | 
| 165 | administrative or judicial remedies within 90 days after ofthe | 
| 166 | date of the notice or they will be barred from taking any | 
| 167 | subsequent action to contest the change in use. This subsection | 
| 168 | does provision shallnotbe construed toprevent any homeowner | 
| 169 | from objecting to a zoning change at any time. | 
| 170 | (3)  The provisions of s. 723.083 shall not be applicable  | 
| 171 | to any park where the provisions of this subsection apply. | 
| 172 | (3) (4)A mobile home park owner applying for the removal | 
| 173 | of a mobile home owner, tenant, or occupant ,or a mobile home | 
| 174 | shall file, in the county court in the county where the mobile | 
| 175 | home lot is situated, a complaint describing the lot and stating | 
| 176 | the facts that authorize the removal of the mobile home owner, | 
| 177 | tenant, or occupant ,or the mobile home. The park owner is | 
| 178 | entitled to the summary procedure provided in s. 51.011, and the | 
| 179 | court shall advance the cause on the calendar. | 
| 180 | (4) (5)Except for the notice to the officers of the | 
| 181 | homeowners' association under subparagraph (1)(d)1., any notice | 
| 182 | required by this section must be in writing, and must be posted | 
| 183 | on the premises and sent to the mobile home owner and tenant or | 
| 184 | occupant, as appropriate, by certified or registered mail, | 
| 185 | return receipt requested, addressed to the mobile home owner and | 
| 186 | tenant or occupant, as appropriate, at her or his last known | 
| 187 | address. Delivery of the mailed notice shall be deemed given 5 | 
| 188 | days after the date of postmark. | 
| 189 | Section 3.  This act shall take effect upon becoming a law. |