Florida Senate - 2020                                     SB 818
       By Senator Hooper
       16-00552C-20                                           2020818__
    1                        A bill to be entitled                      
    2         An act relating to manufactured housing; amending s.
    3         212.05, F.S.; reducing the percentage of the sales
    4         price of certain mobile homes which is subject to
    5         sales tax; providing a sales tax exemption for certain
    6         mobile homes; amending s. 212.06, F.S.; revising the
    7         definition of the term “fixtures” to include certain
    8         mobile homes; amending s. 320.77, F.S.; revising a
    9         certification requirement for mobile home dealer
   10         applicants relating to the applicant’s business
   11         location; amending s. 320.771, F.S.; exempting certain
   12         recreational vehicle dealer applicants from a garage
   13         liability insurance requirement; amending s. 320.822,
   14         F.S.; revising the definition of the term “code”;
   15         amending s. 320.8232, F.S.; revising applicable
   16         standards for the repair and remodeling of mobile and
   17         manufactured homes; amending s. 367.022, F.S.;
   18         exempting certain mobile home park and mobile home
   19         subdivision owners from regulation by the Florida
   20         Public Service Commission relating to water and
   21         wastewater systems; revising an exemption from
   22         regulation for certain water service resellers;
   23         amending s. 723.011, F.S.; providing construction
   24         relating to rental agreements and tenancies; providing
   25         that a mobile home owner, to become an approved
   26         tenant, may be required to install permanent
   27         improvements as disclosed in the mobile home park
   28         owner’s prospectus; amending s. 723.012, F.S.;
   29         authorizing mobile home park owners to make certain
   30         prospectus amendments; providing that certain
   31         improvements and changes may be, but are not required
   32         to be, disclosed by amendment to the prospectus;
   33         authorizing park owners to amend prospectuses to
   34         provide certain additional facilities and services to
   35         the mobile home park under certain circumstances;
   36         conforming a provision to changes made by the act;
   37         amending s. 723.023, F.S.; adding general obligations
   38         for mobile home owners; amending s. 723.031, F.S.;
   39         specifying a requirement for disclosing and agreeing
   40         to a mobile home lot rental increase; revising
   41         construction relating to a park owner’s disclosure of
   42         certain taxes and assessments; amending s. 723.037,
   43         F.S.; authorizing mobile home park owners to give
   44         notice of lot rental increases for multiple
   45         anniversary dates in one notice; providing
   46         construction; specifying the composition of a certain
   47         negotiating committee; specifying the lot rental
   48         amount increases the committee must address in
   49         meetings with the park owner or subdivision developer;
   50         amending s. 723.041, F.S.; providing that a mobile
   51         home park damaged or destroyed due to natural forces
   52         may be rebuilt with the same density as previously
   53         approved, permitted, or built; providing construction;
   54         amending s. 723.042, F.S.; conforming a provision to
   55         changes made by the act; amending s. 723.059, F.S.;
   56         deleting certain purchasers’ rights to assume the
   57         remainder of a rental agreement term; requiring
   58         certain purchasers to enter into a new lot rental
   59         agreement with the park owner; revising requirements
   60         for the disclosure of lot rental amounts for new
   61         tenancies; amending s. 723.061, F.S.; revising a
   62         requirement for mailing eviction notices; specifying
   63         the waiver and nonwaiver of certain rights of the park
   64         owner under certain circumstances; requiring the
   65         accounting at final hearing of rents received;
   66         requiring a tenant defending certain actions by a
   67         landlord to comply with certain requirements; amending
   68         s. 723.063, F.S.; revising procedures and requirements
   69         for mobile home owners, and revising construction,
   70         relating to actions for rent or possession; revising
   71         conditions under which a park owner may apply to a
   72         court for disbursement of certain funds; providing an
   73         effective date.
   75  Be It Enacted by the Legislature of the State of Florida:
   77         Section 1. Paragraph (a) of subsection (1) of section
   78  212.05, Florida Statutes, is amended to read:
   79         212.05 Sales, storage, use tax.—It is hereby declared to be
   80  the legislative intent that every person is exercising a taxable
   81  privilege who engages in the business of selling tangible
   82  personal property at retail in this state, including the
   83  business of making mail order sales, or who rents or furnishes
   84  any of the things or services taxable under this chapter, or who
   85  stores for use or consumption in this state any item or article
   86  of tangible personal property as defined herein and who leases
   87  or rents such property within the state.
   88         (1) For the exercise of such privilege, a tax is levied on
   89  each taxable transaction or incident, which tax is due and
   90  payable as follows:
   91         (a)1.a. At the rate of 6 percent of the sales price of each
   92  item or article of tangible personal property when sold at
   93  retail in this state, computed on each taxable sale for the
   94  purpose of remitting the amount of tax due the state, and
   95  including each and every retail sale.
   96         b. Each occasional or isolated sale of an aircraft, boat,
   97  mobile home, or motor vehicle of a class or type that which is
   98  required to be registered, licensed, titled, or documented in
   99  this state or by the United States Government shall be subject
  100  to tax at the rate provided in this paragraph. A mobile home
  101  shall be assessed sales tax at a rate of 6 percent on 50 percent
  102  of the sales price of the mobile home, if subject to sales tax
  103  as tangible personal property. However, a mobile home is not
  104  subject to sales tax if the mobile home is intended to be
  105  permanently affixed to the land and the purchaser signs an
  106  affidavit stating that he or she intends to seek a “RP” series
  107  sticker pursuant to s. 320.0815(2). The department shall by rule
  108  adopt any nationally recognized publication for valuation of
  109  used motor vehicles as the reference price list for any used
  110  motor vehicle which is required to be licensed pursuant to s.
  111  320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any party
  112  to an occasional or isolated sale of such a vehicle reports to
  113  the tax collector a sales price that which is less than 80
  114  percent of the average loan price for the specified model and
  115  year of such vehicle as listed in the most recent reference
  116  price list, the tax levied under this paragraph shall be
  117  computed by the department on such average loan price unless the
  118  parties to the sale have provided to the tax collector an
  119  affidavit signed by each party, or other substantial proof,
  120  stating the actual sales price. Any party to such sale who
  121  reports a sales price less than the actual sales price is guilty
  122  of a misdemeanor of the first degree, punishable as provided in
  123  s. 775.082 or s. 775.083. The department shall collect or
  124  attempt to collect from such party any delinquent sales taxes.
  125  In addition, such party shall pay any tax due and any penalty
  126  and interest assessed plus a penalty equal to twice the amount
  127  of the additional tax owed. Notwithstanding any other provision
  128  of law, the Department of Revenue may waive or compromise any
  129  penalty imposed pursuant to this subparagraph.
  130         2. This paragraph does not apply to the sale of a boat or
  131  aircraft by or through a registered dealer under this chapter to
  132  a purchaser who, at the time of taking delivery, is a
  133  nonresident of this state, does not make his or her permanent
  134  place of abode in this state, and is not engaged in carrying on
  135  in this state any employment, trade, business, or profession in
  136  which the boat or aircraft will be used in this state, or is a
  137  corporation none of the officers or directors of which is a
  138  resident of, or makes his or her permanent place of abode in,
  139  this state, or is a noncorporate entity that has no individual
  140  vested with authority to participate in the management,
  141  direction, or control of the entity’s affairs who is a resident
  142  of, or makes his or her permanent abode in, this state. For
  143  purposes of this exemption, either a registered dealer acting on
  144  his or her own behalf as seller, a registered dealer acting as
  145  broker on behalf of a seller, or a registered dealer acting as
  146  broker on behalf of the purchaser may be deemed to be the
  147  selling dealer. This exemption shall not be allowed unless:
  148         a. The purchaser removes a qualifying boat, as described in
  149  sub-subparagraph f., from the state within 90 days after the
  150  date of purchase or extension, or the purchaser removes a
  151  nonqualifying boat or an aircraft from this state within 10 days
  152  after the date of purchase or, when the boat or aircraft is
  153  repaired or altered, within 20 days after completion of the
  154  repairs or alterations; or if the aircraft will be registered in
  155  a foreign jurisdiction and:
  156         (I) Application for the aircraft’s registration is properly
  157  filed with a civil airworthiness authority of a foreign
  158  jurisdiction within 10 days after the date of purchase;
  159         (II) The purchaser removes the aircraft from the state to a
  160  foreign jurisdiction within 10 days after the date the aircraft
  161  is registered by the applicable foreign airworthiness authority;
  162  and
  163         (III) The aircraft is operated in the state solely to
  164  remove it from the state to a foreign jurisdiction.
  166  For purposes of this sub-subparagraph, the term “foreign
  167  jurisdiction” means any jurisdiction outside of the United
  168  States or any of its territories;
  169         b. The purchaser, within 30 days from the date of
  170  departure, provides the department with written proof that the
  171  purchaser licensed, registered, titled, or documented the boat
  172  or aircraft outside the state. If such written proof is
  173  unavailable, within 30 days the purchaser shall provide proof
  174  that the purchaser applied for such license, title,
  175  registration, or documentation. The purchaser shall forward to
  176  the department proof of title, license, registration, or
  177  documentation upon receipt;
  178         c. The purchaser, within 10 days of removing the boat or
  179  aircraft from Florida, furnishes the department with proof of
  180  removal in the form of receipts for fuel, dockage, slippage,
  181  tie-down, or hangaring from outside of Florida. The information
  182  so provided must clearly and specifically identify the boat or
  183  aircraft;
  184         d. The selling dealer, within 5 days of the date of sale,
  185  provides to the department a copy of the sales invoice, closing
  186  statement, bills of sale, and the original affidavit signed by
  187  the purchaser attesting that he or she has read the provisions
  188  of this section;
  189         e. The seller makes a copy of the affidavit a part of his
  190  or her record for as long as required by s. 213.35; and
  191         f. Unless The nonresident purchaser of a boat of 5 net tons
  192  of admeasurement or larger intends to remove the boat from this
  193  state within 10 days after the date of purchase or when the boat
  194  is repaired or altered, and within 20 days after completion of
  195  the repairs or alterations, the nonresident purchaser applies to
  196  the selling dealer for a decal which authorizes 90 days after
  197  the date of purchase for removal of the boat. The nonresident
  198  purchaser of a qualifying boat may apply to the selling dealer
  199  within 60 days after the date of purchase for an extension decal
  200  that authorizes the boat to remain in this state for an
  201  additional 90 days, but not more than a total of 180 days,
  202  before the nonresident purchaser is required to pay the tax
  203  imposed by this chapter. The department is authorized to issue
  204  decals in advance to dealers. The number of decals issued in
  205  advance to a dealer shall be consistent with the volume of the
  206  dealer’s past sales of boats which qualify under this sub
  207  subparagraph. The selling dealer or his or her agent shall mark
  208  and affix the decals to qualifying boats in the manner
  209  prescribed by the department, before delivery of the boat.
  210         (I) The department is hereby authorized to charge dealers a
  211  fee sufficient to recover the costs of decals issued, except the
  212  extension decal shall cost $425.
  213         (II) The proceeds from the sale of decals will be deposited
  214  into the administrative trust fund.
  215         (III) Decals shall display information to identify the boat
  216  as a qualifying boat under this sub-subparagraph, including, but
  217  not limited to, the decal’s date of expiration.
  218         (IV) The department is authorized to require dealers who
  219  purchase decals to file reports with the department and may
  220  prescribe all necessary records by rule. All such records are
  221  subject to inspection by the department.
  222         (V) Any dealer or his or her agent who issues a decal
  223  falsely, fails to affix a decal, mismarks the expiration date of
  224  a decal, or fails to properly account for decals will be
  225  considered prima facie to have committed a fraudulent act to
  226  evade the tax and will be liable for payment of the tax plus a
  227  mandatory penalty of 200 percent of the tax, and shall be liable
  228  for fine and punishment as provided by law for a conviction of a
  229  misdemeanor of the first degree, as provided in s. 775.082 or s.
  230  775.083.
  231         (VI) Any nonresident purchaser of a boat who removes a
  232  decal before permanently removing the boat from the state, or
  233  defaces, changes, modifies, or alters a decal in a manner
  234  affecting its expiration date before its expiration, or who
  235  causes or allows the same to be done by another, will be
  236  considered prima facie to have committed a fraudulent act to
  237  evade the tax and will be liable for payment of the tax plus a
  238  mandatory penalty of 200 percent of the tax, and shall be liable
  239  for fine and punishment as provided by law for a conviction of a
  240  misdemeanor of the first degree, as provided in s. 775.082 or s.
  241  775.083.
  242         (VII) The department is authorized to adopt rules necessary
  243  to administer and enforce this subparagraph and to publish the
  244  necessary forms and instructions.
  245         (VIII) The department is hereby authorized to adopt
  246  emergency rules pursuant to s. 120.54(4) to administer and
  247  enforce the provisions of this subparagraph.
  249  If the purchaser fails to remove the qualifying boat from this
  250  state within the maximum 180 days after purchase or a
  251  nonqualifying boat or an aircraft from this state within 10 days
  252  after purchase or, when the boat or aircraft is repaired or
  253  altered, within 20 days after completion of such repairs or
  254  alterations, or permits the boat or aircraft to return to this
  255  state within 6 months from the date of departure, except as
  256  provided in s. 212.08(7)(fff), or if the purchaser fails to
  257  furnish the department with any of the documentation required by
  258  this subparagraph within the prescribed time period, the
  259  purchaser shall be liable for use tax on the cost price of the
  260  boat or aircraft and, in addition thereto, payment of a penalty
  261  to the Department of Revenue equal to the tax payable. This
  262  penalty shall be in lieu of the penalty imposed by s. 212.12(2).
  263  The maximum 180-day period following the sale of a qualifying
  264  boat tax-exempt to a nonresident may not be tolled for any
  265  reason.
  266         Section 2. Paragraph (b) of subsection (14) of section
  267  212.06, Florida Statutes, is amended to read:
  268         212.06 Sales, storage, use tax; collectible from dealers;
  269  “dealer” defined; dealers to collect from purchasers;
  270  legislative intent as to scope of tax.—
  271         (14) For the purpose of determining whether a person is
  272  improving real property, the term:
  273         (b) “Fixtures” means items that are an accessory to a
  274  building, other structure, or land and that do not lose their
  275  identity as accessories when installed but that do become
  276  permanently attached to realty. However, the term does not
  277  include the following items, whether or not such items are
  278  attached to real property in a permanent manner:
  279         1. Property of a type that is required to be registered,
  280  licensed, titled, or documented by this state or by the United
  281  States Government, including, but not limited to, mobile homes,
  282  except the term includes mobile homes assessed as real property
  283  or intended to be qualified and taxed as real property pursuant
  284  to s. 320.0815(2).
  285         2., or Industrial machinery or equipment.
  287  For purposes of this paragraph, industrial machinery or
  288  equipment is not limited to machinery and equipment used to
  289  manufacture, process, compound, or produce tangible personal
  290  property. For an item to be considered a fixture, it is not
  291  necessary that the owner of the item also own the real property
  292  to which it is attached.
  293         Section 3. Paragraph (h) of subsection (3) of section
  294  320.77, Florida Statutes, is amended to read:
  295         320.77 License required of mobile home dealers.—
  296         (3) APPLICATION.—The application for such license shall be
  297  in the form prescribed by the department and subject to such
  298  rules as may be prescribed by it. The application shall be
  299  verified by oath or affirmation and shall contain:
  300         (h) Certification by the applicant:
  301         1. That the location is a permanent one, not a tent or a
  302  temporary stand or other temporary quarters.
  303         2.; and, Except in the case of a mobile home broker, that
  304  the location affords sufficient unoccupied space to display
  305  store all mobile homes offered and displayed for sale. A space
  306  to display a manufactured home as a model home is sufficient to
  307  satisfy this requirement.; and that The location must be is a
  308  suitable place in which the applicant can in good faith carry on
  309  business and keep and maintain books, records, and files
  310  necessary to conduct such business, which must will be available
  311  at all reasonable hours to inspection by the department or any
  312  of its inspectors or other employees.
  314  This paragraph does subsection shall not preclude a licensed
  315  mobile home dealer from displaying and offering for sale mobile
  316  homes in a mobile home park.
  318  The department shall, if it deems necessary, cause an
  319  investigation to be made to ascertain if the facts set forth in
  320  the application are true and shall not issue a license to the
  321  applicant until it is satisfied that the facts set forth in the
  322  application are true.
  323         Section 4. Paragraph (j) of subsection (3) of section
  324  320.771, Florida Statutes, is amended to read:
  325         320.771 License required of recreational vehicle dealers.—
  326         (3) APPLICATION.—The application for such license shall be
  327  in the form prescribed by the department and subject to such
  328  rules as may be prescribed by it. The application shall be
  329  verified by oath or affirmation and shall contain:
  330         (j) A statement that the applicant is insured under a
  331  garage liability insurance policy, which shall include, at a
  332  minimum, $25,000 combined single-limit liability coverage,
  333  including bodily injury and property damage protection, and
  334  $10,000 personal injury protection, if the applicant is to be
  335  licensed as a dealer in, or intends to sell, recreational
  336  vehicles. However, a garage liability policy is not required for
  337  the licensure of a mobile home dealer who sells only park
  338  trailers.
  340  The department shall, if it deems necessary, cause an
  341  investigation to be made to ascertain if the facts set forth in
  342  the application are true and shall not issue a license to the
  343  applicant until it is satisfied that the facts set forth in the
  344  application are true.
  345         Section 5. Paragraph (c) of subsection (2) of section
  346  320.822, Florida Statutes, is amended to read:
  347         320.822 Definitions; ss. 320.822-320.862.—In construing ss.
  348  320.822-320.862, unless the context otherwise requires, the
  349  following words or phrases have the following meanings:
  350         (2) “Code” means the appropriate standards found in:
  351         (c) The Mobile and Manufactured Home Repair and Remodeling
  352  Code and the Used Recreational Vehicle Code.
  353         Section 6. Subsection (2) of section 320.8232, Florida
  354  Statutes, is amended to read:
  355         320.8232 Establishment of uniform standards for used
  356  recreational vehicles and repair and remodeling code for mobile
  357  homes.—
  358         (2) The Mobile and Manufactured Home provisions of the
  359  Repair and Remodeling Code must be a uniform code, must shall
  360  ensure safe and livable housing, and may shall not be more
  361  stringent than those standards required to be met in the
  362  manufacture of mobile homes. Such code must provisions shall
  363  include, but not be limited to, standards for structural
  364  adequacy, plumbing, heating, electrical systems, and fire and
  365  life safety. All repairs and remodeling of mobile and
  366  manufactured homes must be performed in accordance with
  367  department rules.
  368         Section 7. Subsections (5) and (9) of section 367.022,
  369  Florida Statutes, are amended to read:
  370         367.022 Exemptions.—The following are not subject to
  371  regulation by the commission as a utility nor are they subject
  372  to the provisions of this chapter, except as expressly provided:
  373         (5) Landlords providing service to their tenants without
  374  specific compensation for the service. This exemption includes
  375  an owner of a mobile home park or a mobile home subdivision, as
  376  defined in s. 723.003, who is providing service to any person:
  377         (a)Leasing a lot;
  378         (b)Leasing a mobile home and a lot; or
  379         (c)Who owns a lot in a mobile home subdivision.
  380         (9) Any person who resells water service to his or her
  381  tenants or to individually metered residents for a fee that does
  382  not exceed the actual purchase price of the water and wastewater
  383  service plus the actual cost of meter reading and billing, not
  384  to exceed 9 percent of the actual cost of service.
  385         Section 8. Subsections (3) and (4) of section 723.011,
  386  Florida Statutes, are amended to read:
  387         723.011 Disclosure prior to rental of a mobile home lot;
  388  prospectus, filing, approval.—
  389         (3) The prospectus or offering circular, together with its
  390  exhibits, is a disclosure document intended to afford protection
  391  to homeowners and prospective homeowners in the mobile home
  392  park. The purpose of the document is to disclose the
  393  representations of the mobile home park owner concerning the
  394  operations of the mobile home park. The rental agreement,
  395  including the prospectus and rules and regulations, establishes
  396  the terms and conditions of a homeowner’s tenancy. The tenancy
  397  must be for the duration of the tenant’s ownership of the mobile
  398  home, with a right of survivorship by the tenant’s surviving
  399  spouse, unless terminated pursuant to s. 723.061.
  400         (4) With regard to a tenancy in existence on the effective
  401  date of this chapter, the prospectus or offering circular
  402  offered by the mobile home park owner must shall contain the
  403  same terms and conditions as rental agreements offered to all
  404  other mobile home owners residing in the park on the effective
  405  date of this act, excepting only rent variations based upon lot
  406  location and size, and may shall not require any mobile home
  407  owner to install any permanent improvements, except that the
  408  mobile home owner, to become an approved tenant, may be required
  409  to install permanent improvements to the mobile home as
  410  disclosed in the prospectus.
  411         Section 9. Paragraph (c) of subsection (4) and subsections
  412  (5) and (7) of section 723.012, Florida Statutes, are amended to
  413  read:
  414         723.012 Prospectus or offering circular.—The prospectus or
  415  offering circular, which is required to be provided by s.
  416  723.011, must contain the following information:
  417         (4) Beginning on the first page of the text, the following
  418  information:
  419         (c) A description of the mobile home park property,
  420  including, but not limited to:
  421         1. The number of lots in each section, the approximate size
  422  of each lot, the setback requirements, and the minimum
  423  separation distance between mobile homes as required by law.
  424         2. The maximum number of lots that will use shared
  425  facilities of the park; and, if the maximum number of lots will
  426  vary, a description of the basis for variation. A mobile home
  427  park owner may amend the prospectus to include additional
  428  property and mobile home lots and to increase the maximum number
  429  of lots that use the shared facilities of the park.
  430         (5) A description of the recreational and other common
  431  facilities, if any, that will be used by the mobile home owners,
  432  including, but not limited to:
  433         (a) The number of buildings and each room thereof and its
  434  intended purposes, location, approximate floor area, and
  435  capacity in numbers of people.
  436         (b) Each swimming pool, as to its general location,
  437  approximate size and depths, and approximate deck size and
  438  capacity and whether heated.
  439         (c) All other facilities and permanent improvements that
  440  which will serve the mobile home owners.
  441         (d) A general description of the items of personal property
  442  available for use by the mobile home owners.
  443         (e) A general description of the days and hours that
  444  facilities will be available for use.
  445         (f) A statement as to whether all improvements are complete
  446  and, if not, their estimated completion dates.
  448  Any improvement or change to the facilities or services provided
  449  by the mobile home park may be, but is not required to be,
  450  disclosed by the park owner in an amendment to the prospectus.
  451  If the park owner adds property or lots to the mobile home park
  452  which were not disclosed in the owner’s prospectus, the park
  453  owner may amend the prospectus to provide additional facilities
  454  and services to the mobile home park of a type or kind
  455  determined by the park owner.
  456         (7) A description of all improvements, whether temporary or
  457  permanent, which are required to be installed by the mobile home
  458  owner as a condition of his or her occupancy in the park,
  459  including improvements that are required upon purchase of the
  460  home by an approved tenant.
  461         Section 10. Section 723.023, Florida Statutes, is amended
  462  to read:
  463         723.023 Mobile home owner’s general obligations.—A mobile
  464  home owner shall at all times:
  465         (1) At all times comply with all obligations imposed on
  466  mobile home owners by applicable provisions of building,
  467  housing, and health codes, including compliance with all
  468  building permits and construction requirements for construction
  469  on the mobile home and lot. The home owner is responsible for
  470  all fines imposed by the local government for noncompliance with
  471  any local codes.
  472         (2) At all times keep the mobile home lot that which he or
  473  she occupies clean, neat, and sanitary, and maintained in
  474  compliance with all local codes.
  475         (3) At all times comply with properly promulgated park
  476  rules and regulations and require other persons on the premises
  477  with his or her consent to comply with such rules and to conduct
  478  themselves, and other persons on the premises with his or her
  479  consent, in a manner that does not unreasonably disturb other
  480  residents of the park or constitute a breach of the peace.
  481         (4) Receive written approval from the mobile home park
  482  owner before making any exterior modification or addition to the
  483  home.
  484         (5) When vacating the premises, remove any debris and other
  485  property of any kind which is left on the mobile home lot.
  486         Section 11. Subsection (5) of section 723.031, Florida
  487  Statutes, is amended to read:
  488         723.031 Mobile home lot rental agreements.—
  489         (5) The rental agreement must shall contain the lot rental
  490  amount and services included. An increase in lot rental amount
  491  upon expiration of the term of the lot rental agreement must
  492  shall be in accordance with ss. 723.033 and 723.037 or s.
  493  723.059(4), whichever is applicable;, provided that, pursuant to
  494  s. 723.059(4), the amount of the lot rental increase is
  495  disclosed and agreed to by the purchaser by executing a rental
  496  agreement setting forth the new lot rental amount, in writing.
  497  An increase in lot rental amount shall not be arbitrary or
  498  discriminatory between similarly situated tenants in the park. A
  499  lot rental amount may not be increased during the term of the
  500  lot rental agreement, except:
  501         (a) When the manner of the increase is disclosed in a lot
  502  rental agreement with a term exceeding 12 months and which
  503  provides for such increases not more frequently than annually.
  504         (b) For pass-through charges as defined in s. 723.003.
  505         (c) That a charge may not be collected which results in
  506  payment of money for sums previously collected as part of the
  507  lot rental amount. The provisions hereof notwithstanding, the
  508  mobile home park owner may pass on, at any time during the term
  509  of the lot rental agreement, ad valorem property taxes, non-ad
  510  valorem assessments, and utility charges, or increases of
  511  either, provided that the ad valorem property taxes, non-ad
  512  valorem assessments, and utility charges are not otherwise being
  513  collected in the remainder of the lot rental amount and provided
  514  further that the passing on of such ad valorem taxes, non-ad
  515  valorem assessments, or utility charges, or increases of either,
  516  was disclosed prior to tenancy, was being passed on as a matter
  517  of custom between the mobile home park owner and the mobile home
  518  owner, or such passing on was authorized by law. A park owner is
  519  deemed to have disclosed the passing on of ad valorem property
  520  taxes and non-ad valorem assessments if ad valorem property
  521  taxes or non-ad valorem assessments were disclosed as a separate
  522  charge or a factor for increasing the lot rental amount in the
  523  prospectus or rental agreement. Such ad valorem taxes, non-ad
  524  valorem assessments, and utility charges shall be a part of the
  525  lot rental amount as defined by this chapter. The term “non-ad
  526  valorem assessments” has the same meaning as provided in s.
  527  197.3632(1)(d). Other provisions of this chapter
  528  notwithstanding, pass-on charges may be passed on only within 1
  529  year of the date a mobile home park owner remits payment of the
  530  charge. A mobile home park owner is prohibited from passing on
  531  any fine, interest, fee, or increase in a charge resulting from
  532  a park owner’s payment of the charge after the date such charges
  533  become delinquent. Nothing herein shall prohibit a park owner
  534  and a homeowner from mutually agreeing to an alternative manner
  535  of payment to the park owner of the charges.
  536         (d) If a notice of increase in lot rental amount is not
  537  given 90 days before the renewal date of the rental agreement,
  538  the rental agreement must remain under the same terms until a
  539  90-day notice of increase in lot rental amount is given. The
  540  notice may provide for a rental term shorter than 1 year in
  541  order to maintain the same renewal date.
  542         Section 12. Subsection (1) and paragraph (a) of subsection
  543  (4) of section 723.037, Florida Statutes, are amended to read:
  544         723.037 Lot rental increases; reduction in services or
  545  utilities; change in rules and regulations; mediation.—
  546         (1) A park owner shall give written notice to each affected
  547  mobile home owner and the board of directors of the homeowners’
  548  association, if one has been formed, at least 90 days before any
  549  increase in lot rental amount or reduction in services or
  550  utilities provided by the park owner or change in rules and
  551  regulations. The park owner may give notice of all increases in
  552  lot rental amount for multiple anniversary dates in the same 90
  553  day notice. The notice must shall identify all other affected
  554  homeowners, which may be by lot number, name, group, or phase.
  555  If the affected homeowners are not identified by name, the park
  556  owner shall make the names and addresses available upon request.
  557  However, this requirement does not authorize the release of the
  558  names, addresses, or other private information about the
  559  homeowners to the association or any other person for any other
  560  purpose. The home owner’s right to the 90-day notice may not be
  561  waived or precluded by a home owner, or the homeowners’
  562  committee, in an agreement with the park owner. Rules adopted as
  563  a result of restrictions imposed by governmental entities and
  564  required to protect the public health, safety, and welfare may
  565  be enforced prior to the expiration of the 90-day period but are
  566  not otherwise exempt from the requirements of this chapter.
  567  Pass-through charges must be separately listed as to the amount
  568  of the charge, the name of the governmental entity mandating the
  569  capital improvement, and the nature or type of the pass-through
  570  charge being levied. Notices of increase in the lot rental
  571  amount due to a pass-through charge must shall state the
  572  additional payment and starting and ending dates of each pass
  573  through charge. The homeowners’ association shall have no
  574  standing to challenge the increase in lot rental amount,
  575  reduction in services or utilities, or change of rules and
  576  regulations unless a majority of the affected homeowners agree,
  577  in writing, to such representation.
  578         (4)(a) A committee, not to exceed five in number,
  579  consisting of mobile home owners in the park and designated by a
  580  majority of the affected mobile home owners or by the board of
  581  directors of the homeowners’ association, if applicable, and the
  582  park owner shall meet, at a mutually convenient time and place
  583  no later than 60 days before the effective date of the change to
  584  discuss the reasons for the increase in lot rental amount,
  585  reduction in services or utilities, or change in rules and
  586  regulations. The negotiating committee shall make a written
  587  request for a meeting with the park owner or subdivision
  588  developer to discuss those matters addressed in the 90-day
  589  notice, and may include in the request a listing of any other
  590  issue, with supporting documentation, that the committee intends
  591  to raise and discuss at the meeting. The committee shall address
  592  all lot rental amount increases that are specified in the notice
  593  of lot rental amount increase, regardless of the effective date
  594  of the increase.
  596  This subsection is not intended to be enforced by civil or
  597  administrative action. Rather, the meetings and discussions are
  598  intended to be in the nature of settlement discussions prior to
  599  the parties proceeding to mediation of any dispute.
  600         Section 13. Subsections (5) and (6) are added to section
  601  723.041, Florida Statutes, to read:
  602         723.041 Entrance fees; refunds; exit fees prohibited;
  603  replacement homes.—
  604         (5) A mobile home park that is damaged or destroyed due to
  605  wind, water, or other natural force may be rebuilt on the same
  606  site with the same density as was approved, permitted, or built
  607  before being damaged or destroyed.
  608         (6) This section does not limit the regulation of the
  609  uniform firesafety standards established under s. 633.206, but
  610  supersedes any other density, separation, setback, or lot size
  611  regulation adopted after initial permitting and construction of
  612  the mobile home park.
  613         Section 14. Section 723.042, Florida Statutes, is amended
  614  to read:
  615         723.042 Provision of improvements.—A No person may not
  616  shall be required by a mobile home park owner or developer, as a
  617  condition of residence in the mobile home park, to provide any
  618  improvement unless the requirement is disclosed pursuant to s.
  619  723.012(7) s. 723.011 prior to occupancy in the mobile home
  620  park.
  621         Section 15. Section 723.059, Florida Statutes, is amended
  622  to read:
  623         723.059 Rights of Purchaser of a mobile home within a
  624  mobile home park.—
  625         (1) The purchaser of a mobile home within a mobile home
  626  park may become a tenant of the park if such purchaser would
  627  otherwise qualify with the requirements of entry into the park
  628  under the park rules and regulations, subject to the approval of
  629  the park owner, but such approval may not be unreasonably
  630  withheld. The purchaser of the mobile home may cancel or rescind
  631  the contract for purchase of the mobile home if the purchaser’s
  632  tenancy has not been approved by the park owner 5 days before
  633  the closing of the purchase.
  634         (2) Properly promulgated rules may provide for the
  635  screening of any prospective purchaser to determine whether or
  636  not such purchaser is qualified to become a tenant of the park.
  637         (3) The purchaser of a mobile home who intends to become
  638  becomes a resident of the mobile home park in accordance with
  639  this section shall enter a new tenancy by entering into a new
  640  lot rental agreement, including the prospectus and rules and
  641  regulations, with the park owner has the right to assume the
  642  remainder of the term of any rental agreement then in effect
  643  between the mobile home park owner and the seller and shall be
  644  entitled to rely on the terms and conditions of the prospectus
  645  or offering circular as delivered to the initial recipient.
  646         (4) The mobile home park owner shall disclose the lot
  647  rental amount to be charged for a new tenancy prior to the
  648  applicant paying a screening fee and applying for approval for
  649  the tenancy However, nothing herein shall be construed to
  650  prohibit a mobile home park owner from increasing the rental
  651  amount to be paid by the purchaser upon the expiration of the
  652  assumed rental agreement in an amount deemed appropriate by the
  653  mobile home park owner, so long as such increase is disclosed to
  654  the purchaser prior to his or her occupancy and is imposed in a
  655  manner consistent with the initial offering circular or
  656  prospectus and this act.
  657         (5) Lifetime leases and the renewal provisions in
  658  automatically renewable leases, both those existing and those
  659  entered into after July 1, 1986, are not assumable unless
  660  otherwise provided in the mobile home lot rental agreement or
  661  unless the transferee is the home owner’s spouse. The right to
  662  an assumption of the lease by a spouse may be exercised only one
  663  time during the term of that lease.
  664         Section 16. Subsection (4) of section 723.061, Florida
  665  Statutes, is amended, and subsections (5) and (6) are added to
  666  that section, to read:
  667         723.061 Eviction; grounds, proceedings.—
  668         (4) Except for the notice to the officers of the
  669  homeowners’ association under subparagraph (1)(d)1., any notice
  670  required by this section must be in writing, and must be posted
  671  on the premises and sent to the mobile home owner and tenant or
  672  occupant, as appropriate, by United States certified or
  673  registered mail, return receipt requested, addressed to the
  674  mobile home owner and tenant or occupant, as appropriate, at her
  675  or his last known address. Delivery of the mailed notice is
  676  shall be deemed given 5 days after the date of postmark.
  677         (5) If the park owner accepts payment of any portion of the
  678  lot rental amount with actual knowledge of noncompliance after
  679  notice and termination of the rental agreement due to a
  680  violation under paragraph (1)(b), paragraph (1)(c), or paragraph
  681  (1)(e), the park owner does not waive the right to terminate the
  682  rental agreement or the right to bring a civil action for the
  683  noncompliance, but not for any subsequent or continuing
  684  noncompliance. Any rent so received must be accounted for at
  685  final hearing.
  686         (6) A tenant who intends to defend against an action by the
  687  landlord for possession for noncompliance under paragraph
  688  (1)(a), paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e)
  689  shall comply with s. 723.063(2).
  690         Section 17. Section 723.063, Florida Statutes, is amended
  691  to read:
  692         723.063 Defenses to action for rent or possession;
  693  procedure.—
  694         (1)(a) In any action based upon nonpayment of rent or
  695  seeking to recover unpaid rent, or a portion thereof, the mobile
  696  home owner may defend upon the ground of a material
  697  noncompliance with any portion of this chapter or may raise any
  698  other defense, whether legal or equitable, which he or she may
  699  have.
  700         (b) The defense of material noncompliance may be raised by
  701  the mobile home owner only if 7 days have elapsed after he or
  702  she has notified the park owner in writing of his or her
  703  intention not to pay rent, or a portion thereof, based upon the
  704  park owner’s noncompliance with portions of this chapter,
  705  specifying in reasonable detail the provisions in default. A
  706  material noncompliance with this chapter by the park owner is a
  707  complete defense to an action for possession based upon
  708  nonpayment of rent, or a portion thereof, and, upon hearing, the
  709  court or the jury, as the case may be, shall determine the
  710  amount, if any, by which the rent is to be reduced to reflect
  711  the diminution in value of the lot during the period of
  712  noncompliance with any portion of this chapter. After
  713  consideration of all other relevant issues, the court shall
  714  enter appropriate judgment.
  715         (2) In any action by the park owner or a mobile home owner
  716  brought under subsection (1), the mobile home owner shall pay
  717  into the registry of the court that portion of the accrued rent,
  718  if any, relating to the claim of material noncompliance as
  719  alleged in the complaint, or as determined by the court. The
  720  court shall notify the mobile home owner of such requirement.
  721  The failure of the mobile home owner to pay the rent, or portion
  722  thereof, into the registry of the court or to file a motion to
  723  determine the amount of rent to be paid into the registry within
  724  5 days, excluding Saturdays, Sundays, and legal holidays, after
  725  the date of service of process constitutes an absolute waiver of
  726  the tenant’s defenses other than payment, and the landlord is
  727  entitled to an immediate default judgment for removal of the
  728  tenant with a writ of possession to issue without further notice
  729  or hearing thereon. If a motion to determine rent is filed, the
  730  movant must provide sworn documentation in support of his or her
  731  allegation that the rent alleged in the complaint is erroneous
  732  as required herein constitutes an absolute waiver of the mobile
  733  home owner’s defenses other than payment, and the park owner is
  734  entitled to an immediate default.
  735         (3) When the mobile home owner has deposited funds into the
  736  registry of the court in accordance with the provisions of this
  737  section and the park owner is in actual danger of loss of the
  738  premises or other personal hardship resulting from the loss of
  739  rental income from the premises, the park owner may apply to the
  740  court for disbursement of all or part of the funds or for prompt
  741  final hearing, whereupon the court shall advance the cause on
  742  the calendar. The court, after preliminary hearing, may award
  743  all or any portion of the funds on deposit to the park owner or
  744  may proceed immediately to a final resolution of the cause.
  745         Section 18. This act shall take effect upon becoming a law.