| 1 | A bill to be entitled |
| 2 | An act relating to mobile home park tenancies; |
| 3 | amending s. 723.059, F.S.; clarifying provisions |
| 4 | authorizing a mobile home park owner to increase the |
| 5 | rental amount paid by a purchaser of a mobile home |
| 6 | following expiration of the assumed rental agreement; |
| 7 | allowing a mobile home park owner to require a |
| 8 | purchaser to enter into a new tenancy under a new |
| 9 | rental agreement and prospectus upon the expiration of |
| 10 | an assumed rental agreement if the prospectus and |
| 11 | rental agreement are delivered to the purchaser before |
| 12 | occupancy; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 723.059, Florida Statutes, is amended |
| 17 | to read: |
| 18 | 723.059 Rights of purchaser.- |
| 19 | (1) The purchaser of a mobile home within a mobile home |
| 20 | park may become a tenant of the park if such purchaser would |
| 21 | otherwise qualify with the requirements of entry into the park |
| 22 | under the park rules and regulations, subject to the approval of |
| 23 | the park owner, but such approval may not be unreasonably |
| 24 | withheld. |
| 25 | (2) Properly promulgated rules may provide for the |
| 26 | screening of any prospective purchaser to determine whether or |
| 27 | not such purchaser is qualified to become a tenant of the park. |
| 28 | (3) The purchaser of a mobile home who becomes a resident |
| 29 | of the mobile home park in accordance with this section has the |
| 30 | right to assume the remainder of the term of any rental |
| 31 | agreement then in effect between the mobile home park owner and |
| 32 | the seller and shall be entitled to rely on the terms and |
| 33 | conditions of the prospectus or offering circular as delivered |
| 34 | to the initial recipient. |
| 35 | (4) However, this section does not nothing herein shall be |
| 36 | construed to prohibit a mobile home park owner from requiring |
| 37 | the purchaser to enter into a new tenancy under a new rental |
| 38 | agreement and prospectus and increasing the rental amount to be |
| 39 | paid by the purchaser upon the expiration of the assumed rental |
| 40 | agreement in an amount deemed appropriate by the mobile home |
| 41 | park owner, if the so long as such increase is disclosed to the |
| 42 | purchaser and the prospectus and rental agreement are delivered |
| 43 | to the purchaser before prior to his or her occupancy and is |
| 44 | imposed in a manner consistent with the initial offering |
| 45 | circular or prospectus and this act. |
| 46 | (5) Lifetime leases, both those existing and those entered |
| 47 | into after July 1, 1986, are shall be nonassumable unless |
| 48 | otherwise provided in the lot rental agreement or unless the |
| 49 | transferee is the home owner's spouse. The renewal provisions in |
| 50 | automatically renewable leases, both those existing and those |
| 51 | entered into after July 1, 1986, are not assumable unless |
| 52 | otherwise provided in the lease agreement. |
| 53 | Section 2. This act shall take effect July 1, 2012. |