| 1 | A bill to be entitled |
| 2 | An act relating to mobile home park lot tenancies; |
| 3 | amending s. 723.006, F.S.; revising duties of the Division |
| 4 | of Florida Condominiums, Timeshares, and Mobile Homes |
| 5 | relating to proposed amendments to a prospectus or |
| 6 | offering circular; amending s. 723.011, F.S.; revising |
| 7 | park owner disclosure requirements for prospective |
| 8 | lessees; amending s. 723.037, F.S.; clarifying what |
| 9 | constitutes the market area or the competitive area for |
| 10 | comparable mobile home parks; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (8) of section 723.006, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 723.006 Powers and duties of division.-In performing its |
| 17 | duties, the division has the following powers and duties: |
| 18 | (8) The division has the authority by rule to authorize |
| 19 | amendments permitted by this chapter to an approved prospectus |
| 20 | or offering circular. Prior to approving any proposed amendments |
| 21 | to a prospectus or offering circular, the division shall provide |
| 22 | notice to the homeowners' association of such amendments. |
| 23 | Section 2. Subsections (2) and (3) of section 723.011, |
| 24 | Florida Statutes, are amended to read: |
| 25 | 723.011 Disclosure prior to rental of a mobile home lot; |
| 26 | prospectus, filing, approval.- |
| 27 | (2) The park owner shall furnish a copy of the prospectus |
| 28 | or offering circular together with all of the exhibits thereto |
| 29 | and a mobile home expense disclosure document containing all the |
| 30 | information required by s. 723.012(7), (8), (9), and (10). The |
| 31 | mobile home expense disclosure document shall also include past, |
| 32 | present, and estimated future lease year amounts and any other |
| 33 | factors that may affect rent variations, such as lot location or |
| 34 | size, to each prospective lessee. Delivery shall be made prior |
| 35 | to execution of the lot rental agreement or at the time of |
| 36 | occupancy, whichever occurs first. Upon delivery of a prospectus |
| 37 | to a prospective lessee, the lot rental agreement is voidable by |
| 38 | the lessee for a period of 15 days. However, the park owner is |
| 39 | not required to furnish a copy of the prospectus or offering |
| 40 | circular if the tenancy is a renewal of a tenancy and the mobile |
| 41 | home owner has previously received the prospectus or offering |
| 42 | circular. |
| 43 | (3) The prospectus or offering circular, together with its |
| 44 | exhibits, and the mobile home expense disclosure document are is |
| 45 | a disclosure documents document intended to afford protection to |
| 46 | homeowners and prospective homeowners in the mobile home park. |
| 47 | The purpose of the documents document is to disclose the |
| 48 | representations of the mobile home park owner concerning the |
| 49 | operations of the mobile home park. |
| 50 | Section 3. Paragraph (e) of subsection (4) of section |
| 51 | 723.037, Florida Statutes, is redesignated as paragraph (f), and |
| 52 | a new paragraph (e) is added to that subsection to read: |
| 53 | 723.037 Lot rental increases; reduction in services or |
| 54 | utilities; change in rules and regulations; mediation.- |
| 55 | (4) |
| 56 | (e) For purposes of this subsection, the market area or |
| 57 | the competitive area for comparable mobile home parks is the |
| 58 | county in which the subject park is located along with any |
| 59 | contiguous counties. |
| 60 |
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| 61 | This subsection is not intended to be enforced by civil or |
| 62 | administrative action. Rather, the meetings and discussions are |
| 63 | intended to be in the nature of settlement discussions prior to |
| 64 | the parties proceeding to mediation of any dispute. |
| 65 | Section 4. This act shall take effect July 1, 2011. |