HB 537

1
A bill to be entitled
2An act relating to mobile home parks; amending s.
3723.003, F.S.; defining the term "amenity"; amending
4s. 723.006, F.S.; providing preconditions for the
5amendment of a prospectus or offering circular;
6amending s. 723.011, F.S.; providing additional
7disclosure requirements before the rental of a mobile
8home lot; requiring the Division of Florida
9Condominiums, Timeshares, and Mobile Homes to create a
10mobile home disclosure document for certain purposes;
11providing intent and purpose of disclosure; amending
12s. 723.012, F.S.; providing additional required
13prospectus or offering circular information relating
14to change of land use; amending s. 723.037, F.S.;
15providing notice requirements for a reduction in
16services, utilities, or amenities by a park owner;
17providing what constitutes the market area or the
18competitive area for comparable mobile home parks;
19amending s. 723.06116, F.S.; increasing fees for
20mobile home park owner applications for payment of
21moving expenses; amending s. 723.0612, F.S.; revising
22the payment amounts mobile home owners are entitled
23from the Florida Mobile Home Relocation Corporation
24under certain conditions involving a change in land
25use; amending s. 723.075, F.S.; deleting a provision
26authorizing homeowners of certain concrete block homes
27to be part of the homeowners' association and to serve
28on the board of directors of the association under
29certain circumstances; amending s. 553.382, F.S.;
30correcting a reference; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Subsection (16) is added to section 723.003,
35Florida Statutes, to read:
36     723.003  Definitions.-As used in this chapter, the
37following words and terms have the following meanings unless
38clearly indicated otherwise:
39     (16)  The term "amenity" means any tangible or intangible
40benefit offered to a tenant at no fee, typically onsite
41recreational facilities or planned programs, services, and
42activities, as established by the National Council of Affordable
43Housing Market Analysts.
44     Section 2.  Subsection (8) of section 723.006, Florida
45Statutes, is amended to read:
46     723.006  Powers and duties of division.-In performing its
47duties, the division has the following powers and duties:
48     (8)  The division has the authority by rule to authorize
49amendments permitted by this chapter to an approved prospectus
50or offering circular. At least 60 days before submitting any
51amendment to the division, the mobile home park owner must meet
52with the homeowners' association or, if a homeowners'
53association has not been established, a committee, not to exceed
54five members, designated by a majority of the affected
55homeowners, to provide the association or committee with the
56amendments to the prospectus or offering circular. Before
57approving any amendments to a prospectus or offering circular,
58the division shall provide notice of the amendments to the
59homeowners' association or, if a homeowners' association has not
60been established, to a committee, not to exceed five members,
61designated by a majority of the affected homeowners. The
62division may not approve an amendment unless the requirements of
63this subsection are met.
64     Section 3.  Subsections (2) and (3) of section 723.011,
65Florida Statutes, are amended to read:
66     723.011  Disclosure prior to rental of a mobile home lot;
67prospectus, filing, approval.-
68     (2)  The park owner shall furnish to each prospective
69lessee a copy of the prospectus or offering circular together
70with all of the exhibits thereto and a mobile home expense
71disclosure document containing all the information required by
72s. 723.012(7), (8), (9), and (10) to each prospective lessee.
73The mobile home expense disclosure document shall include past,
74present, and estimated future lease-year amounts and any other
75factors that may affect rent variations, such as lot location or
76size. The division shall create the mobile home disclosure
77document through its rulemaking authority. Delivery shall be
78made prior to execution of the lot rental agreement or at the
79time of occupancy, whichever occurs first. Upon delivery of a
80prospectus to a prospective lessee, the lot rental agreement is
81voidable by the lessee for a period of 15 days. However, the
82park owner is not required to furnish a copy of the prospectus
83or offering circular if the tenancy is a renewal of a tenancy
84and the mobile home owner has previously received the prospectus
85or offering circular.
86     (3)  The prospectus or offering circular together with its
87exhibits and the mobile home expense disclosure document are is
88a disclosure documents document intended to afford protection to
89homeowners and prospective homeowners in the mobile home park.
90The purpose of the documents document is to disclose the
91representations of the mobile home park owner concerning the
92operations of the mobile home park.
93     Section 4.  Paragraph (b) of subsection (1) of section
94723.012, Florida Statutes, is amended to read:
95     723.012  Prospectus or offering circular.-The prospectus or
96offering circular, which is required to be provided by s.
97723.011, must contain the following information:
98     (1)  The front cover or the first page must contain only:
99     (b)  The following statements in conspicuous type:
100     1.  THIS PROSPECTUS CONTAINS VERY IMPORTANT INFORMATION
101REGARDING YOUR LEGAL RIGHTS AND YOUR FINANCIAL OBLIGATIONS IN
102LEASING A MOBILE HOME LOT. MAKE SURE THAT YOU READ THE ENTIRE
103DOCUMENT AND SEEK LEGAL ADVICE IF YOU HAVE ANY QUESTIONS
104REGARDING THE INFORMATION SET FORTH IN THIS DOCUMENT.
105     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
106NATURE. A PROSPECTIVE LESSEE SHOULD REFER TO ALL REFERENCES, ALL
107EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS.
108     3.  ORAL REPRESENTATIONS SHOULD NOT BE RELIED UPON AS
109CORRECTLY STATING THE REPRESENTATIONS OF THE PARK OWNER OR
110OPERATOR. REFER TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS
111EXHIBITS FOR CORRECT REPRESENTATIONS.
112     4.  UPON DELIVERY OF THE PROSPECTUS TO A PROSPECTIVE
113LESSEE, THE RENTAL AGREEMENT IS VOIDABLE BY THE LESSEE FOR A
114PERIOD OF 15 DAYS.
115     5.  UPON A CHANGE OF LAND USE, YOU MAY BE EVICTED AND
116ORDERED TO MOVE YOUR MOBILE HOME WITHIN SIX MONTHS, OR FORFEIT
117YOUR MOBILE HOME IF THE HOME CANNOT BE RELOCATED, PURSUANT TO
118SECTION 723.061, FLORIDA STATUTES.
119     Section 5.  Subsections (1) and (2) and paragraphs (a) and
120(b) of subsection (4) of section 723.037, Florida Statutes, are
121amended, paragraph (e) of subsection (4) is redesignated as
122paragraph (f), and a new paragraph (e) is added to subsection
123(4) of that section, to read:
124     723.037  Lot rental increases; reduction in services, or
125utilities, or amenities; change in rules and regulations;
126mediation.-
127     (1)  A park owner shall give written notice to each
128affected mobile home owner and the board of directors of the
129homeowners' association, if one has been formed, at least 90
130days prior to any increase in lot rental amount or reduction in
131services, or utilities, or amenities provided by the park owner
132or change in rules and regulations. The notice shall identify
133all other affected homeowners, which may be by lot number, name,
134group, or phase. If the affected homeowners are not identified
135by name, the park owner shall make the names and addresses
136available upon request. Rules adopted as a result of
137restrictions imposed by governmental entities and required to
138protect the public health, safety, and welfare may be enforced
139prior to the expiration of the 90-day period but are not
140otherwise exempt from the requirements of this chapter. Pass-
141through charges must be separately listed as to the amount of
142the charge, the name of the governmental entity mandating the
143capital improvement, and the nature or type of the pass-through
144charge being levied. Notices of increase in the lot rental
145amount due to a pass-through charge shall state the additional
146payment and starting and ending dates of each pass-through
147charge. The homeowners' association shall have no standing to
148challenge the increase in lot rental amount, reduction in
149services, or utilities, or amenities, or change of rules and
150regulations unless a majority of the affected homeowners agree,
151in writing, to such representation.
152     (2)  Notice as required by this section shall, in addition
153to the information required in subsection (1), only be required
154to include the dollar amount of the relevant portions of the
155present lot rental amount that are being increased and the
156dollar amount of the proposed increases in lot rental amount if
157there is an increase in the lot rental amount, the reduction in
158services, or utilities, or amenities, or the change in rules and
159regulations and the effective date thereof.
160     (4)(a)  A committee, not to exceed five members in number,
161designated by a majority of the affected mobile home owners or
162by the board of directors of the homeowners' association, if
163applicable, and the park owner shall meet, at a mutually
164convenient time and place within 30 days after receipt by the
165homeowners of the notice of change, to discuss the reasons for
166the increase in lot rental amount, reduction in services, or
167utilities, or amenities, or change in rules and regulations.
168     (b)1.  At the meeting, the park owner or subdivision
169developer shall in good faith disclose and explain all material
170factors resulting in the decision to increase the lot rental
171amount, reduce services, or utilities, or amenities, or change
172rules and regulations, including how those factors justify the
173specific change proposed. The park owner or subdivision
174developer may not limit the discussion of the reasons for the
175change to generalities only, such as, but not limited to,
176increases in operational costs, changes in economic conditions,
177or rents charged by comparable mobile home parks. For example,
178if the reason for an increase in lot rental amount is an
179increase in operational costs, the park owner must disclose the
180item or items which have increased, the amount of the increase,
181any similar item or items which have decreased, and the amount
182of the decrease. If an increase is based upon the lot rental
183amount charged by comparable mobile home parks, the park owner
184shall disclose, and provide in writing to the committee at or
185before the meeting, the name, address, lot rental amount, and
186any other relevant factors relied upon by the park owner, such
187as facilities, services, and amenities, concerning the
188comparable mobile home parks. The information concerning
189comparable mobile home parks to be exchanged by the parties is
190to encourage a dialogue concerning the reasons used by the park
191owner for the increase in lot rental amount and to encourage the
192home owners to evaluate and discuss the reasons for those
193changes with the park owner. The park owner shall prepare a
194written summary of the material factors and retain a copy for 3
195years. The park owner shall provide the committee a copy of the
196summary at or before the meeting.
197     2.  The park owner may shall not limit the comparable
198mobile home park disclosure to those mobile home parks that are
199owned or operated by the same owner or operator as the subject
200park, except in certain circumstances, which include, but are
201not limited to:
202     a.  That the market area for comparable mobile home parks
203includes mobile home parks owned or operated by the same entity
204that have similar facilities, services, and amenities;
205     b.  That the subject mobile home park has unique attributes
206that are shared with similar mobile home parks;
207     c.  That the mobile home park is located in a geographic or
208market area that contains few comparable mobile home parks; or
209     d.  That there are similar considerations or factors that
210would be considered in such a market analysis by a competent
211professional and would be considered in determining the
212valuation of the market rent.
213     (e)  For purpose of this subsection, the market area or the
214competitive area for comparable mobile home parks is the county
215in which the subject park is located along with any contiguous
216counties.
217
218This subsection is not intended to be enforced by civil or
219administrative action. Rather, the meetings and discussions are
220intended to be in the nature of settlement discussions prior to
221the parties proceeding to mediation of any dispute.
222     Section 6.  Subsection (1) of section 723.06116, Florida
223Statutes, is amended to read:
224     723.06116  Payments to the Florida Mobile Home Relocation
225Corporation.-
226     (1)  If a mobile home owner is required to move due to a
227change in use of the land comprising a mobile home park as set
228forth in s. 723.061(1)(d), the mobile home park owner shall,
229upon such change in use, pay to the Florida Mobile Home
230Relocation Corporation for deposit in the Florida Mobile Home
231Relocation Trust Fund $4,000 $2,750 for each single-section
232mobile home and $5,500 $3,750 for each multisection mobile home
233for which a mobile home owner has made application for payment
234of moving expenses. The mobile home park owner shall make the
235payments required by this section and by s. 723.0612(7) to the
236corporation within 30 days after receipt from the corporation of
237the invoice for payment. Failure to make such payment within the
238required time period shall result in a late fee being imposed.
239     (a)  If payment is not submitted within 30 days after
240receipt of the invoice, a 10-percent late fee shall be assessed.
241     (b)  If payment is not submitted within 60 days after
242receipt of the invoice, a 15-percent late fee shall be assessed.
243     (c)  If payment is not submitted within 90 days after
244receipt of the invoice, a 20-percent late fee shall be assessed.
245     (d)  Any payment received 120 days or more after receipt of
246the invoice shall include a 25-percent late fee.
247     Section 7.  Paragraph (b) of subsection (1) and subsection
248(7) of section 723.0612, Florida Statutes, are amended to read:
249     723.0612  Change in use; relocation expenses; payments by
250park owner.-
251     (1)  If a mobile home owner is required to move due to a
252change in use of the land comprising the mobile home park as set
253forth in s. 723.061(1)(d) and complies with the requirements of
254this section, the mobile home owner is entitled to payment from
255the Florida Mobile Home Relocation Corporation of:
256     (b)  The amount of $5,000 $3,000 for a single-section
257mobile home or $7,500 $6,000 for a multisection mobile home,
258whichever is less. Moving expenses include the cost of taking
259down, moving, and setting up the mobile home in a new location.
260     (7)  In lieu of collecting payment from the Florida Mobile
261Home Relocation Corporation as set forth in subsection (1), a
262mobile home owner may abandon the mobile home in the mobile home
263park and collect $1,375 for a single section and $2,750 for a
264multisection from the corporation an amount equal to the then-
265current market value as reported by the NADA Manufactured Home
266List, not to exceed $3,000 for a single section mobile home and
267$6,000 for a multisection mobile home, as long as the mobile
268home owner delivers to the park owner the current title to the
269mobile home duly endorsed by the owner of record and valid
270releases of all liens shown on the title. If a mobile home owner
271chooses this option, the park owner shall make payment to the
272corporation in an amount equal to the amount the mobile home
273owner is entitled to under this subsection. The mobile home
274owner's application for funds under this subsection shall
275require the submission of a document signed by the park owner
276stating that the home has been abandoned under this subsection
277and that the park owner agrees to make payment to the
278corporation in the amount provided to the home owner under this
279subsection. However, in the event that the required documents
280are not submitted with the application, the corporation may
281consider the facts and circumstances surrounding the abandonment
282of the home to determine whether the mobile home owner is
283entitled to payment pursuant to this subsection. The mobile home
284owner is not entitled to any compensation under this subsection
285if there is a pending eviction action for nonpayment of lot
286rental amount pursuant to s. 723.061(1)(a) which was filed
287against him or her prior to the mailing date of the notice of
288change in the use of the mobile home park given pursuant to s.
289723.061(1)(d).
290     Section 8.  Subsection (3) of section 723.075, Florida
291Statutes, is amended to read:
292     723.075  Homeowners' associations.-
293     (3)  Notwithstanding subsection (1), if a portion of the
294park contains concrete block homes occupying lots under 99-year
295leases, those homeowners may be part of the association and may
296serve on the board of directors of the association based on the
297percentage of lots containing concrete block homes to the total
298number of mobile home lots in the park.
299     Section 9.  Section 553.382, Florida Statutes, is amended
300to read:
301     553.382  Placement of certain housing.-Notwithstanding any
302other law or ordinance to the contrary, in order to expand the
303availability of affordable housing in this state, any
304residential manufactured building that is certified under this
305chapter by the department may be placed on a mobile home lot in
306a mobile home park, recreational vehicle park, or mobile home
307condominium, cooperative, or subdivision. Any such housing unit
308placed on a mobile home lot is a mobile home for purposes of
309chapter 723 and, therefore, all rights, obligations, and duties
310under chapter 723 apply, including the specifics of the
311prospectus. However, a housing unit subject to this section may
312not be placed on a mobile home lot without the prior written
313approval of the park owner. Each housing unit subject to this
314section shall be taxed as a mobile home under s. 320.08(11) and
315is subject to payments to the Florida Mobile Home Relocation
316Trust Fund under s. 723.06116.
317     Section 10.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.