Florida Senate - 2015                                     SB 168
       By Senator Negron
       32-00229A-15                                           2015168__
    1                        A bill to be entitled                      
    2         An act relating to mobile home parks; amending s.
    3         723.003, F.S.; revising the definition of the term
    4         “mobile home park” to clarify that it includes certain
    5         lots or spaces regardless of the rental or lease
    6         term’s length or person liable for ad valorem taxes;
    7         reenacting and amending s. 73.072, F.S., to
    8         incorporate the amendment made to s. 723.003, F.S., in
    9         a reference thereto; providing that the act is
   10         remedial and intended to clarify existing law and to
   11         abrogate an interpretation of such law by the
   12         Department of Business and Professional Regulation;
   13         providing for retroactive application; providing that
   14         the act does not affect specified ad valorem taxation
   15         issues; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Subsection (6) of section 723.003, Florida
   20  Statutes, is amended to read:
   21         723.003 Definitions.—As used in this chapter, the following
   22  words and terms have the following meanings unless clearly
   23  indicated otherwise:
   24         (6) The term “mobile home park” or “park” means a use of
   25  land in which lots or spaces are offered for rent or lease for
   26  the placement of mobile homes, regardless of the length of the
   27  rental or lease term or the person liable for the payment of ad
   28  valorem taxes on the lot or space, and in which the primary use
   29  of the park is residential.
   30         Section 2. For the purpose of incorporating the amendment
   31  made by this act to section 723.003, Florida Statutes, in a
   32  reference thereto, subsection (1) of section 73.072, Florida
   33  Statutes, is reenacted and amended to read:
   34         73.072 Mobile home parks; compensation for permanent
   35  improvements by mobile home owners.—
   36         (1) If When all or a portion of a mobile home park as
   37  defined in s. 723.003(6) is appropriated under this chapter, the
   38  condemning authority shall separately determine the compensation
   39  for any permanent improvements made to each site. This
   40  compensation shall be awarded to the mobile home owner leasing
   41  the site if:
   42         (a) The effect of the taking includes a requirement that
   43  the mobile home owner remove or relocate his or her mobile home
   44  from the site;
   45         (b) The mobile home owner currently leasing the site has
   46  paid for the permanent improvements to the site; and
   47         (c) The value of the permanent improvements on the site
   48  exceeds $1,000 as of the date of taking.
   49         Section 3.  The amendment made by this act to s. 723.003,
   50  Florida Statutes, is remedial in nature and is intended to
   51  clarify existing law and to abrogate the interpretation of law
   52  set forth by the Department of Business and Professional
   53  Regulation in a litigation memo dated September 18, 2013, which
   54  misclassified certain long-term leases of mobile home lots and
   55  spaces as equitable ownership interests for purposes of the
   56  statutory definition of “mobile home park.” The amendment
   57  applies retroactively to the enactment of s. 723.003, Florida
   58  Statutes, on June 4, 1984, and is not intended to affect
   59  assessments or liability for, or exemptions from, ad valorem
   60  taxation on a lot or space upon which a mobile home is placed.
   61         Section 4. This act shall take effect upon becoming a law.