Florida Senate - 2020                              CS for SB 818
       By the Committee on Innovation, Industry, and Technology; and
       Senator Hooper
       580-02224-20                                           2020818c1
    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         revising an exemption for certain water service
   19         resellers from regulation by the Florida Public
   20         Service Commission relating to water and wastewater
   21         systems; exempting certain mobile home park and mobile
   22         home subdivision owners from such regulation; amending
   23         s. 723.011, F.S.; providing construction relating to
   24         rental agreements and tenancies; providing that a
   25         mobile home owner, to become an approved tenant, may
   26         be required to install permanent improvements as
   27         disclosed in the mobile home park owner’s prospectus;
   28         amending s. 723.012, F.S.; authorizing mobile home
   29         park owners to make certain prospectus amendments;
   30         providing that certain improvements and changes may
   31         be, but are not required to be, disclosed by amendment
   32         to the prospectus; authorizing park owners to amend
   33         prospectuses to provide certain additional facilities
   34         and services to the mobile home park under certain
   35         circumstances; conforming a provision to changes made
   36         by the act; amending s. 723.023, F.S.; adding general
   37         obligations for mobile home owners; amending s.
   38         723.031, F.S.; specifying a requirement for disclosing
   39         and agreeing to a mobile home lot rental increase;
   40         revising construction relating to a park owner’s
   41         disclosure of certain taxes and assessments; amending
   42         s. 723.037, F.S.; authorizing mobile home park owners
   43         to give notice of lot rental increases for multiple
   44         anniversary dates in one notice; providing
   45         construction; specifying the composition of a certain
   46         negotiating committee; specifying the lot rental
   47         amount increases the committee must address in
   48         meetings with the park owner or subdivision developer;
   49         amending s. 723.041, F.S.; providing that a mobile
   50         home park damaged or destroyed due to natural forces
   51         may be rebuilt with the same density as previously
   52         approved, permitted, or built; providing construction;
   53         amending s. 723.042, F.S.; conforming a provision to
   54         changes made by the act; amending s. 723.059, F.S.;
   55         deleting certain purchasers’ rights to assume the
   56         remainder of a rental agreement term; requiring
   57         certain purchasers to enter into a new lot rental
   58         agreement with the park owner; revising requirements
   59         for the disclosure of lot rental amounts for new
   60         tenancies; amending s. 723.061, F.S.; revising a
   61         requirement for mailing eviction notices; specifying
   62         the waiver and nonwaiver of certain rights of the park
   63         owner under certain circumstances; requiring the
   64         accounting at final hearing of rents received;
   65         requiring a tenant defending certain actions by a
   66         landlord to comply with certain requirements; amending
   67         s. 723.063, F.S.; revising procedures and requirements
   68         for mobile home owners, and revising construction,
   69         relating to actions for rent or possession; revising
   70         conditions under which a park owner may apply to a
   71         court for disbursement of certain funds; providing an
   72         effective date.
   74  Be It Enacted by the Legislature of the State of Florida:
   76         Section 1. Paragraph (a) of subsection (1) of section
   77  212.05, Florida Statutes, is amended to read:
   78         212.05 Sales, storage, use tax.—It is hereby declared to be
   79  the legislative intent that every person is exercising a taxable
   80  privilege who engages in the business of selling tangible
   81  personal property at retail in this state, including the
   82  business of making mail order sales, or who rents or furnishes
   83  any of the things or services taxable under this chapter, or who
   84  stores for use or consumption in this state any item or article
   85  of tangible personal property as defined herein and who leases
   86  or rents such property within the state.
   87         (1) For the exercise of such privilege, a tax is levied on
   88  each taxable transaction or incident, which tax is due and
   89  payable as follows:
   90         (a)1.a. At the rate of 6 percent of the sales price of each
   91  item or article of tangible personal property when sold at
   92  retail in this state, computed on each taxable sale for the
   93  purpose of remitting the amount of tax due the state, and
   94  including each and every retail sale.
   95         b. Each occasional or isolated sale of an aircraft, boat,
   96  mobile home, or motor vehicle of a class or type that which is
   97  required to be registered, licensed, titled, or documented in
   98  this state or by the United States Government shall be subject
   99  to tax at the rate provided in this paragraph. A mobile home
  100  shall be assessed sales tax at a rate of 6 percent on 50 percent
  101  of the sales price of the mobile home, if subject to sales tax
  102  as tangible personal property. However, a mobile home is not
  103  subject to sales tax if the mobile home is intended to be
  104  permanently affixed to the land and the purchaser signs an
  105  affidavit stating that he or she intends to seek an “RP” series
  106  sticker pursuant to s. 320.0815(2). The department shall by rule
  107  adopt any nationally recognized publication for valuation of
  108  used motor vehicles as the reference price list for any used
  109  motor vehicle which is required to be licensed pursuant to s.
  110  320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any party
  111  to an occasional or isolated sale of such a vehicle reports to
  112  the tax collector a sales price that which is less than 80
  113  percent of the average loan price for the specified model and
  114  year of such vehicle as listed in the most recent reference
  115  price list, the tax levied under this paragraph shall be
  116  computed by the department on such average loan price unless the
  117  parties to the sale have provided to the tax collector an
  118  affidavit signed by each party, or other substantial proof,
  119  stating the actual sales price. Any party to such sale who
  120  reports a sales price less than the actual sales price is guilty
  121  of a misdemeanor of the first degree, punishable as provided in
  122  s. 775.082 or s. 775.083. The department shall collect or
  123  attempt to collect from such party any delinquent sales taxes.
  124  In addition, such party shall pay any tax due and any penalty
  125  and interest assessed plus a penalty equal to twice the amount
  126  of the additional tax owed. Notwithstanding any other provision
  127  of law, the Department of Revenue may waive or compromise any
  128  penalty imposed pursuant to this subparagraph.
  129         2. This paragraph does not apply to the sale of a boat or
  130  aircraft by or through a registered dealer under this chapter to
  131  a purchaser who, at the time of taking delivery, is a
  132  nonresident of this state, does not make his or her permanent
  133  place of abode in this state, and is not engaged in carrying on
  134  in this state any employment, trade, business, or profession in
  135  which the boat or aircraft will be used in this state, or is a
  136  corporation none of the officers or directors of which is a
  137  resident of, or makes his or her permanent place of abode in,
  138  this state, or is a noncorporate entity that has no individual
  139  vested with authority to participate in the management,
  140  direction, or control of the entity’s affairs who is a resident
  141  of, or makes his or her permanent abode in, this state. For
  142  purposes of this exemption, either a registered dealer acting on
  143  his or her own behalf as seller, a registered dealer acting as
  144  broker on behalf of a seller, or a registered dealer acting as
  145  broker on behalf of the purchaser may be deemed to be the
  146  selling dealer. This exemption shall not be allowed unless:
  147         a. The purchaser removes a qualifying boat, as described in
  148  sub-subparagraph f., from the state within 90 days after the
  149  date of purchase or extension, or the purchaser removes a
  150  nonqualifying boat or an aircraft from this state within 10 days
  151  after the date of purchase or, when the boat or aircraft is
  152  repaired or altered, within 20 days after completion of the
  153  repairs or alterations; or if the aircraft will be registered in
  154  a foreign jurisdiction and:
  155         (I) Application for the aircraft’s registration is properly
  156  filed with a civil airworthiness authority of a foreign
  157  jurisdiction within 10 days after the date of purchase;
  158         (II) The purchaser removes the aircraft from the state to a
  159  foreign jurisdiction within 10 days after the date the aircraft
  160  is registered by the applicable foreign airworthiness authority;
  161  and
  162         (III) The aircraft is operated in the state solely to
  163  remove it from the state to a foreign jurisdiction.
  165  For purposes of this sub-subparagraph, the term “foreign
  166  jurisdiction” means any jurisdiction outside of the United
  167  States or any of its territories;
  168         b. The purchaser, within 30 days from the date of
  169  departure, provides the department with written proof that the
  170  purchaser licensed, registered, titled, or documented the boat
  171  or aircraft outside the state. If such written proof is
  172  unavailable, within 30 days the purchaser shall provide proof
  173  that the purchaser applied for such license, title,
  174  registration, or documentation. The purchaser shall forward to
  175  the department proof of title, license, registration, or
  176  documentation upon receipt;
  177         c. The purchaser, within 10 days of removing the boat or
  178  aircraft from Florida, furnishes the department with proof of
  179  removal in the form of receipts for fuel, dockage, slippage,
  180  tie-down, or hangaring from outside of Florida. The information
  181  so provided must clearly and specifically identify the boat or
  182  aircraft;
  183         d. The selling dealer, within 5 days of the date of sale,
  184  provides to the department a copy of the sales invoice, closing
  185  statement, bills of sale, and the original affidavit signed by
  186  the purchaser attesting that he or she has read the provisions
  187  of this section;
  188         e. The seller makes a copy of the affidavit a part of his
  189  or her record for as long as required by s. 213.35; and
  190         f. Unless The nonresident purchaser of a boat of 5 net tons
  191  of admeasurement or larger intends to remove the boat from this
  192  state within 10 days after the date of purchase or when the boat
  193  is repaired or altered, and within 20 days after completion of
  194  the repairs or alterations, the nonresident purchaser applies to
  195  the selling dealer for a decal which authorizes 90 days after
  196  the date of purchase for removal of the boat. The nonresident
  197  purchaser of a qualifying boat may apply to the selling dealer
  198  within 60 days after the date of purchase for an extension decal
  199  that authorizes the boat to remain in this state for an
  200  additional 90 days, but not more than a total of 180 days,
  201  before the nonresident purchaser is required to pay the tax
  202  imposed by this chapter. The department is authorized to issue
  203  decals in advance to dealers. The number of decals issued in
  204  advance to a dealer shall be consistent with the volume of the
  205  dealer’s past sales of boats which qualify under this sub
  206  subparagraph. The selling dealer or his or her agent shall mark
  207  and affix the decals to qualifying boats in the manner
  208  prescribed by the department, before delivery of the boat.
  209         (I) The department is hereby authorized to charge dealers a
  210  fee sufficient to recover the costs of decals issued, except the
  211  extension decal shall cost $425.
  212         (II) The proceeds from the sale of decals will be deposited
  213  into the administrative trust fund.
  214         (III) Decals shall display information to identify the boat
  215  as a qualifying boat under this sub-subparagraph, including, but
  216  not limited to, the decal’s date of expiration.
  217         (IV) The department is authorized to require dealers who
  218  purchase decals to file reports with the department and may
  219  prescribe all necessary records by rule. All such records are
  220  subject to inspection by the department.
  221         (V) Any dealer or his or her agent who issues a decal
  222  falsely, fails to affix a decal, mismarks the expiration date of
  223  a decal, or fails to properly account for decals will be
  224  considered prima facie to have committed a fraudulent act to
  225  evade the tax and will be liable for payment of the tax plus a
  226  mandatory penalty of 200 percent of the tax, and shall be liable
  227  for fine and punishment as provided by law for a conviction of a
  228  misdemeanor of the first degree, as provided in s. 775.082 or s.
  229  775.083.
  230         (VI) Any nonresident purchaser of a boat who removes a
  231  decal before permanently removing the boat from the state, or
  232  defaces, changes, modifies, or alters a decal in a manner
  233  affecting its expiration date before its expiration, or who
  234  causes or allows the same to be done by another, will be
  235  considered prima facie to have committed a fraudulent act to
  236  evade the tax and will be liable for payment of the tax plus a
  237  mandatory penalty of 200 percent of the tax, and shall be liable
  238  for fine and punishment as provided by law for a conviction of a
  239  misdemeanor of the first degree, as provided in s. 775.082 or s.
  240  775.083.
  241         (VII) The department is authorized to adopt rules necessary
  242  to administer and enforce this subparagraph and to publish the
  243  necessary forms and instructions.
  244         (VIII) The department is hereby authorized to adopt
  245  emergency rules pursuant to s. 120.54(4) to administer and
  246  enforce the provisions of this subparagraph.
  248  If the purchaser fails to remove the qualifying boat from this
  249  state within the maximum 180 days after purchase or a
  250  nonqualifying boat or an aircraft from this state within 10 days
  251  after purchase or, when the boat or aircraft is repaired or
  252  altered, within 20 days after completion of such repairs or
  253  alterations, or permits the boat or aircraft to return to this
  254  state within 6 months from the date of departure, except as
  255  provided in s. 212.08(7)(fff), or if the purchaser fails to
  256  furnish the department with any of the documentation required by
  257  this subparagraph within the prescribed time period, the
  258  purchaser shall be liable for use tax on the cost price of the
  259  boat or aircraft and, in addition thereto, payment of a penalty
  260  to the Department of Revenue equal to the tax payable. This
  261  penalty shall be in lieu of the penalty imposed by s. 212.12(2).
  262  The maximum 180-day period following the sale of a qualifying
  263  boat tax-exempt to a nonresident may not be tolled for any
  264  reason.
  265         Section 2. Paragraph (b) of subsection (14) of section
  266  212.06, Florida Statutes, is amended to read:
  267         212.06 Sales, storage, use tax; collectible from dealers;
  268  “dealer” defined; dealers to collect from purchasers;
  269  legislative intent as to scope of tax.—
  270         (14) For the purpose of determining whether a person is
  271  improving real property, the term:
  272         (b) “Fixtures” means items that are an accessory to a
  273  building, other structure, or land and that do not lose their
  274  identity as accessories when installed but that do become
  275  permanently attached to realty. However, the term does not
  276  include the following items, whether or not such items are
  277  attached to real property in a permanent manner:
  278         1. Property of a type that is required to be registered,
  279  licensed, titled, or documented by this state or by the United
  280  States Government, including, but not limited to, mobile homes,
  281  except the term includes mobile homes assessed as real property
  282  or intended to be qualified and taxed as real property pursuant
  283  to s. 320.0815(2).
  284         2., or Industrial machinery or equipment.
  286  For purposes of this paragraph, industrial machinery or
  287  equipment is not limited to machinery and equipment used to
  288  manufacture, process, compound, or produce tangible personal
  289  property. For an item to be considered a fixture, it is not
  290  necessary that the owner of the item also own the real property
  291  to which it is attached.
  292         Section 3. Paragraph (h) of subsection (3) of section
  293  320.77, Florida Statutes, is amended to read:
  294         320.77 License required of mobile home dealers.—
  295         (3) APPLICATION.—The application for such license shall be
  296  in the form prescribed by the department and subject to such
  297  rules as may be prescribed by it. The application shall be
  298  verified by oath or affirmation and shall contain:
  299         (h) Certification by the applicant:
  300         1. That the location is a permanent one, not a tent or a
  301  temporary stand or other temporary quarters.
  302         2.; and, Except in the case of a mobile home broker, that
  303  the location affords sufficient unoccupied space to display
  304  store all mobile homes offered and displayed for sale. A space
  305  to display a manufactured home as a model home is sufficient to
  306  satisfy this requirement.; and that The location must be is a
  307  suitable place in which the applicant can in good faith carry on
  308  business and keep and maintain books, records, and files
  309  necessary to conduct such business, which must will be available
  310  at all reasonable hours to inspection by the department or any
  311  of its inspectors or other employees.
  313  This paragraph does subsection shall not preclude a licensed
  314  mobile home dealer from displaying and offering for sale mobile
  315  homes in a mobile home park.
  317  The department shall, if it deems necessary, cause an
  318  investigation to be made to ascertain if the facts set forth in
  319  the application are true and shall not issue a license to the
  320  applicant until it is satisfied that the facts set forth in the
  321  application are true.
  322         Section 4. Paragraph (j) of subsection (3) of section
  323  320.771, Florida Statutes, is amended to read:
  324         320.771 License required of recreational vehicle dealers.—
  325         (3) APPLICATION.—The application for such license shall be
  326  in the form prescribed by the department and subject to such
  327  rules as may be prescribed by it. The application shall be
  328  verified by oath or affirmation and shall contain:
  329         (j) A statement that the applicant is insured under a
  330  garage liability insurance policy, which shall include, at a
  331  minimum, $25,000 combined single-limit liability coverage,
  332  including bodily injury and property damage protection, and
  333  $10,000 personal injury protection, if the applicant is to be
  334  licensed as a dealer in, or intends to sell, recreational
  335  vehicles. However, a garage liability policy is not required for
  336  the licensure of a mobile home dealer who sells only park
  337  trailers.
  339  The department shall, if it deems necessary, cause an
  340  investigation to be made to ascertain if the facts set forth in
  341  the application are true and shall not issue a license to the
  342  applicant until it is satisfied that the facts set forth in the
  343  application are true.
  344         Section 5. Paragraph (c) of subsection (2) of section
  345  320.822, Florida Statutes, is amended to read:
  346         320.822 Definitions; ss. 320.822-320.862.—In construing ss.
  347  320.822-320.862, unless the context otherwise requires, the
  348  following words or phrases have the following meanings:
  349         (2) “Code” means the appropriate standards found in:
  350         (c) The Mobile and Manufactured Home Repair and Remodeling
  351  Code and the Used Recreational Vehicle Code.
  352         Section 6. Subsection (2) of section 320.8232, Florida
  353  Statutes, is amended to read:
  354         320.8232 Establishment of uniform standards for used
  355  recreational vehicles and repair and remodeling code for mobile
  356  homes.—
  357         (2) The Mobile and Manufactured Home provisions of the
  358  Repair and Remodeling Code must be a uniform code, must shall
  359  ensure safe and livable housing, and may shall not be more
  360  stringent than those standards required to be met in the
  361  manufacture of mobile homes. Such code must provisions shall
  362  include, but not be limited to, standards for structural
  363  adequacy, plumbing, heating, electrical systems, and fire and
  364  life safety. All repairs and remodeling of mobile and
  365  manufactured homes must be performed in accordance with
  366  department rules.
  367         Section 7. Subsection (9) of section 367.022, Florida
  368  Statutes, is amended, and subsection (14) is added to that
  369  section, 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         (9) Any person who resells water service to his or her
  374  tenants or to individually metered residents for a fee that does
  375  not exceed the actual purchase price of the water and wastewater
  376  service plus the actual cost of meter reading and billing, not
  377  to exceed 9 percent of the actual cost of service.
  378         (14) The owner of a mobile home park operating both as a
  379  mobile home park and a mobile home subdivision, as those terms
  380  are defined in s. 723.003, who provides service within the park
  381  and subdivision to a combination of both tenants and lot owners,
  382  provided that the service to tenants is without specific
  383  compensation.
  384         Section 8. Subsections (3) and (4) of section 723.011,
  385  Florida Statutes, are amended to read:
  386         723.011 Disclosure prior to rental of a mobile home lot;
  387  prospectus, filing, approval.—
  388         (3) The prospectus or offering circular, together with its
  389  exhibits, is a disclosure document intended to afford protection
  390  to homeowners and prospective homeowners in the mobile home
  391  park. The purpose of the document is to disclose the
  392  representations of the mobile home park owner concerning the
  393  operations of the mobile home park. The rental agreement,
  394  including the prospectus and rules and regulations, establishes
  395  the terms and conditions of a homeowner’s tenancy. The tenancy
  396  must be for the duration of the tenant’s ownership of the mobile
  397  home, with a right of survivorship by the tenant’s surviving
  398  spouse, unless terminated pursuant to s. 723.061.
  399         (4) With regard to a tenancy in existence on the effective
  400  date of this chapter, the prospectus or offering circular
  401  offered by the mobile home park owner must shall contain the
  402  same terms and conditions as rental agreements offered to all
  403  other mobile home owners residing in the park on the effective
  404  date of this act, excepting only rent variations based upon lot
  405  location and size, and may shall not require any mobile home
  406  owner to install any permanent improvements, except that the
  407  mobile home owner, to become an approved tenant, may be required
  408  to install permanent improvements to the mobile home as
  409  disclosed in the prospectus.
  410         Section 9. Paragraph (c) of subsection (4) and subsections
  411  (5) and (7) of section 723.012, Florida Statutes, are amended to
  412  read:
  413         723.012 Prospectus or offering circular.—The prospectus or
  414  offering circular, which is required to be provided by s.
  415  723.011, must contain the following information:
  416         (4) Beginning on the first page of the text, the following
  417  information:
  418         (c) A description of the mobile home park property,
  419  including, but not limited to:
  420         1. The number of lots in each section, the approximate size
  421  of each lot, the setback requirements, and the minimum
  422  separation distance between mobile homes as required by law.
  423         2. The maximum number of lots that will use shared
  424  facilities of the park; and, if the maximum number of lots will
  425  vary, a description of the basis for variation. A mobile home
  426  park owner may amend the prospectus to include additional
  427  property and mobile home lots and to increase the maximum number
  428  of lots that use the shared facilities of the park.
  429         (5) A description of the recreational and other common
  430  facilities, if any, that will be used by the mobile home owners,
  431  including, but not limited to:
  432         (a) The number of buildings and each room thereof and its
  433  intended purposes, location, approximate floor area, and
  434  capacity in numbers of people.
  435         (b) Each swimming pool, as to its general location,
  436  approximate size and depths, and approximate deck size and
  437  capacity and whether heated.
  438         (c) All other facilities and permanent improvements that
  439  which will serve the mobile home owners.
  440         (d) A general description of the items of personal property
  441  available for use by the mobile home owners.
  442         (e) A general description of the days and hours that
  443  facilities will be available for use.
  444         (f) A statement as to whether all improvements are complete
  445  and, if not, their estimated completion dates.
  447  Any improvement or change to the facilities or services provided
  448  by the mobile home park may be, but is not required to be,
  449  disclosed by the park owner in an amendment to the prospectus.
  450  If the park owner adds property or lots to the mobile home park
  451  which were not disclosed in the owner’s prospectus, the park
  452  owner may amend the prospectus to provide additional facilities
  453  and services to the mobile home park of a type or kind
  454  determined by the park owner.
  455         (7) A description of all improvements, whether temporary or
  456  permanent, which are required to be installed by the mobile home
  457  owner as a condition of his or her occupancy in the park,
  458  including improvements that are required upon purchase of the
  459  home by an approved tenant.
  460         Section 10. Section 723.023, Florida Statutes, is amended
  461  to read:
  462         723.023 Mobile home owner’s general obligations.—A mobile
  463  home owner shall at all times:
  464         (1) At all times comply with all obligations imposed on
  465  mobile home owners by applicable provisions of building,
  466  housing, and health codes, including compliance with all
  467  building permits and construction requirements for construction
  468  on the mobile home and lot. The home owner is responsible for
  469  all fines imposed by the local government for noncompliance with
  470  any local codes.
  471         (2) At all times keep the mobile home lot that which he or
  472  she occupies clean, neat, and sanitary, and maintained in
  473  compliance with all local codes.
  474         (3) At all times comply with properly promulgated park
  475  rules and regulations and require other persons on the premises
  476  with his or her consent to comply with such rules and to conduct
  477  themselves, and other persons on the premises with his or her
  478  consent, in a manner that does not unreasonably disturb other
  479  residents of the park or constitute a breach of the peace.
  480         (4) Receive written approval from the mobile home park
  481  owner before making any exterior modification or addition to the
  482  home.
  483         (5) When vacating the premises, remove any debris and other
  484  property of any kind which is left on the mobile home lot.
  485         Section 11. Subsection (5) of section 723.031, Florida
  486  Statutes, is amended to read:
  487         723.031 Mobile home lot rental agreements.—
  488         (5) The rental agreement must shall contain the lot rental
  489  amount and services included. An increase in lot rental amount
  490  upon expiration of the term of the lot rental agreement must
  491  shall be in accordance with ss. 723.033 and 723.037 or s.
  492  723.059(4), whichever is applicable;, provided that, pursuant to
  493  s. 723.059(4), the amount of the lot rental increase is
  494  disclosed and agreed to by the purchaser by executing a rental
  495  agreement setting forth the new lot rental amount, in writing.
  496  An increase in lot rental amount shall not be arbitrary or
  497  discriminatory between similarly situated tenants in the park. A
  498  lot rental amount may not be increased during the term of the
  499  lot rental agreement, except:
  500         (a) When the manner of the increase is disclosed in a lot
  501  rental agreement with a term exceeding 12 months and which
  502  provides for such increases not more frequently than annually.
  503         (b) For pass-through charges as defined in s. 723.003.
  504         (c) That a charge may not be collected which results in
  505  payment of money for sums previously collected as part of the
  506  lot rental amount. The provisions hereof notwithstanding, the
  507  mobile home park owner may pass on, at any time during the term
  508  of the lot rental agreement, ad valorem property taxes, non-ad
  509  valorem assessments, and utility charges, or increases of
  510  either, provided that the ad valorem property taxes, non-ad
  511  valorem assessments, and utility charges are not otherwise being
  512  collected in the remainder of the lot rental amount and provided
  513  further that the passing on of such ad valorem taxes, non-ad
  514  valorem assessments, or utility charges, or increases of either,
  515  was disclosed prior to tenancy, was being passed on as a matter
  516  of custom between the mobile home park owner and the mobile home
  517  owner, or such passing on was authorized by law. A park owner is
  518  deemed to have disclosed the passing on of ad valorem property
  519  taxes and non-ad valorem assessments if ad valorem property
  520  taxes or non-ad valorem assessments were disclosed as a separate
  521  charge or a factor for increasing the lot rental amount in the
  522  prospectus or rental agreement. Such ad valorem taxes, non-ad
  523  valorem assessments, and utility charges shall be a part of the
  524  lot rental amount as defined by this chapter. The term “non-ad
  525  valorem assessments” has the same meaning as provided in s.
  526  197.3632(1)(d). Other provisions of this chapter
  527  notwithstanding, pass-on charges may be passed on only within 1
  528  year of the date a mobile home park owner remits payment of the
  529  charge. A mobile home park owner is prohibited from passing on
  530  any fine, interest, fee, or increase in a charge resulting from
  531  a park owner’s payment of the charge after the date such charges
  532  become delinquent. Nothing herein shall prohibit a park owner
  533  and a homeowner from mutually agreeing to an alternative manner
  534  of payment to the park owner of the charges.
  535         (d) If a notice of increase in lot rental amount is not
  536  given 90 days before the renewal date of the rental agreement,
  537  the rental agreement must remain under the same terms until a
  538  90-day notice of increase in lot rental amount is given. The
  539  notice may provide for a rental term shorter than 1 year in
  540  order to maintain the same renewal date.
  541         Section 12. Subsection (1) and paragraph (a) of subsection
  542  (4) of section 723.037, Florida Statutes, are amended to read:
  543         723.037 Lot rental increases; reduction in services or
  544  utilities; change in rules and regulations; mediation.—
  545         (1) A park owner shall give written notice to each affected
  546  mobile home owner and the board of directors of the homeowners’
  547  association, if one has been formed, at least 90 days before any
  548  increase in lot rental amount or reduction in services or
  549  utilities provided by the park owner or change in rules and
  550  regulations. The park owner may give notice of all increases in
  551  lot rental amount for multiple anniversary dates in the same 90
  552  day notice. The notice must shall identify all other affected
  553  homeowners, which may be by lot number, name, group, or phase.
  554  If the affected homeowners are not identified by name, the park
  555  owner shall make the names and addresses available upon request.
  556  However, this requirement does not authorize the release of the
  557  names, addresses, or other private information about the
  558  homeowners to the association or any other person for any other
  559  purpose. The home owner’s right to the 90-day notice may not be
  560  waived or precluded by a home owner, or the homeowners’
  561  committee, in an agreement with the park owner. Rules adopted as
  562  a result of restrictions imposed by governmental entities and
  563  required to protect the public health, safety, and welfare may
  564  be enforced prior to the expiration of the 90-day period but are
  565  not otherwise exempt from the requirements of this chapter.
  566  Pass-through charges must be separately listed as to the amount
  567  of the charge, the name of the governmental entity mandating the
  568  capital improvement, and the nature or type of the pass-through
  569  charge being levied. Notices of increase in the lot rental
  570  amount due to a pass-through charge must shall state the
  571  additional payment and starting and ending dates of each pass
  572  through charge. The homeowners’ association shall have no
  573  standing to challenge the increase in lot rental amount,
  574  reduction in services or utilities, or change of rules and
  575  regulations unless a majority of the affected homeowners agree,
  576  in writing, to such representation.
  577         (4)(a) A committee, not to exceed five in number,
  578  consisting of mobile home owners in the park and designated by a
  579  majority of the affected mobile home owners or by the board of
  580  directors of the homeowners’ association, if applicable, and the
  581  park owner shall meet, at a mutually convenient time and place
  582  no later than 60 days before the effective date of the change to
  583  discuss the reasons for the increase in lot rental amount,
  584  reduction in services or utilities, or change in rules and
  585  regulations. The negotiating committee shall make a written
  586  request for a meeting with the park owner or subdivision
  587  developer to discuss those matters addressed in the 90-day
  588  notice, and may include in the request a listing of any other
  589  issue, with supporting documentation, that the committee intends
  590  to raise and discuss at the meeting. The committee shall address
  591  all lot rental amount increases that are specified in the notice
  592  of lot rental amount increase, regardless of the effective date
  593  of the increase.
  595  This subsection is not intended to be enforced by civil or
  596  administrative action. Rather, the meetings and discussions are
  597  intended to be in the nature of settlement discussions prior to
  598  the parties proceeding to mediation of any dispute.
  599         Section 13. Subsections (5) and (6) are added to section
  600  723.041, Florida Statutes, to read:
  601         723.041 Entrance fees; refunds; exit fees prohibited;
  602  replacement homes.—
  603         (5) A mobile home park that is damaged or destroyed due to
  604  wind, water, or other natural force may be rebuilt on the same
  605  site with the same density as was approved, permitted, or built
  606  before being damaged or destroyed.
  607         (6) This section does not limit the regulation of the
  608  uniform firesafety standards established under s. 633.206, but
  609  supersedes any other density, separation, setback, or lot size
  610  regulation adopted after initial permitting and construction of
  611  the mobile home park.
  612         Section 14. Section 723.042, Florida Statutes, is amended
  613  to read:
  614         723.042 Provision of improvements.—A No person may not
  615  shall be required by a mobile home park owner or developer, as a
  616  condition of residence in the mobile home park, to provide any
  617  improvement unless the requirement is disclosed pursuant to s.
  618  723.012(7) s. 723.011 prior to occupancy in the mobile home
  619  park.
  620         Section 15. Section 723.059, Florida Statutes, is amended
  621  to read:
  622         723.059 Rights of Purchaser of a mobile home within a
  623  mobile home park.—
  624         (1) The purchaser of a mobile home within a mobile home
  625  park may become a tenant of the park if such purchaser would
  626  otherwise qualify with the requirements of entry into the park
  627  under the park rules and regulations, subject to the approval of
  628  the park owner, but such approval may not be unreasonably
  629  withheld. The purchaser of the mobile home may cancel or rescind
  630  the contract for purchase of the mobile home if the purchaser’s
  631  tenancy has not been approved by the park owner 5 days before
  632  the closing of the purchase.
  633         (2) Properly promulgated rules may provide for the
  634  screening of any prospective purchaser to determine whether or
  635  not such purchaser is qualified to become a tenant of the park.
  636         (3) The purchaser of a mobile home who intends to become
  637  becomes a resident of the mobile home park in accordance with
  638  this section shall enter a new tenancy by entering into a new
  639  lot rental agreement, including the prospectus and rules and
  640  regulations, with the park owner has the right to assume the
  641  remainder of the term of any rental agreement then in effect
  642  between the mobile home park owner and the seller and shall be
  643  entitled to rely on the terms and conditions of the prospectus
  644  or offering circular as delivered to the initial recipient.
  645         (4) The mobile home park owner shall disclose the lot
  646  rental amount to be charged for a new tenancy prior to the
  647  applicant paying a screening fee and applying for approval for
  648  the tenancy However, nothing herein shall be construed to
  649  prohibit a mobile home park owner from increasing the rental
  650  amount to be paid by the purchaser upon the expiration of the
  651  assumed rental agreement in an amount deemed appropriate by the
  652  mobile home park owner, so long as such increase is disclosed to
  653  the purchaser prior to his or her occupancy and is imposed in a
  654  manner consistent with the initial offering circular or
  655  prospectus and this act.
  656         (5) Lifetime leases and the renewal provisions in
  657  automatically renewable leases, both those existing and those
  658  entered into after July 1, 1986, are not assumable unless
  659  otherwise provided in the mobile home lot rental agreement or
  660  unless the transferee is the home owner’s spouse. The right to
  661  an assumption of the lease by a spouse may be exercised only one
  662  time during the term of that lease.
  663         Section 16. Subsection (4) of section 723.061, Florida
  664  Statutes, is amended, and subsections (5) and (6) are added to
  665  that section, to read:
  666         723.061 Eviction; grounds, proceedings.—
  667         (4) Except for the notice to the officers of the
  668  homeowners’ association under subparagraph (1)(d)1., any notice
  669  required by this section must be in writing, and must be posted
  670  on the premises and sent to the mobile home owner and tenant or
  671  occupant, as appropriate, by United States certified or
  672  registered mail, return receipt requested, addressed to the
  673  mobile home owner and tenant or occupant, as appropriate, at her
  674  or his last known address. Delivery of the mailed notice is
  675  shall be deemed given 5 days after the date of postmark.
  676         (5) If the park owner accepts payment of any portion of the
  677  lot rental amount with actual knowledge of noncompliance after
  678  notice and termination of the rental agreement due to a
  679  violation under paragraph (1)(b), paragraph (1)(c), or paragraph
  680  (1)(e), the park owner does not waive the right to terminate the
  681  rental agreement or the right to bring a civil action for the
  682  noncompliance, but not for any subsequent or continuing
  683  noncompliance. Any rent so received must be accounted for at
  684  final hearing.
  685         (6) A tenant who intends to defend against an action by the
  686  landlord for possession for noncompliance under paragraph
  687  (1)(a), paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e)
  688  shall comply with s. 723.063(2).
  689         Section 17. Section 723.063, Florida Statutes, is amended
  690  to read:
  691         723.063 Defenses to action for rent or possession;
  692  procedure.—
  693         (1)(a) In any action based upon nonpayment of rent or
  694  seeking to recover unpaid rent, or a portion thereof, the mobile
  695  home owner may defend upon the ground of a material
  696  noncompliance with any portion of this chapter or may raise any
  697  other defense, whether legal or equitable, which he or she may
  698  have.
  699         (b) The defense of material noncompliance may be raised by
  700  the mobile home owner only if 7 days have elapsed after he or
  701  she has notified the park owner in writing of his or her
  702  intention not to pay rent, or a portion thereof, based upon the
  703  park owner’s noncompliance with portions of this chapter,
  704  specifying in reasonable detail the provisions in default. A
  705  material noncompliance with this chapter by the park owner is a
  706  complete defense to an action for possession based upon
  707  nonpayment of rent, or a portion thereof, and, upon hearing, the
  708  court or the jury, as the case may be, shall determine the
  709  amount, if any, by which the rent is to be reduced to reflect
  710  the diminution in value of the lot during the period of
  711  noncompliance with any portion of this chapter. After
  712  consideration of all other relevant issues, the court shall
  713  enter appropriate judgment.
  714         (2) In any action by the park owner or a mobile home owner
  715  brought under subsection (1), the mobile home owner shall pay
  716  into the registry of the court that portion of the accrued rent,
  717  if any, relating to the claim of material noncompliance as
  718  alleged in the complaint, or as determined by the court. The
  719  court shall notify the mobile home owner of such requirement.
  720  The failure of the mobile home owner to pay the rent, or portion
  721  thereof, into the registry of the court or to file a motion to
  722  determine the amount of rent to be paid into the registry within
  723  5 days, excluding Saturdays, Sundays, and legal holidays, after
  724  the date of service of process constitutes an absolute waiver of
  725  the tenant’s defenses other than payment, and the landlord is
  726  entitled to an immediate default judgment for removal of the
  727  tenant with a writ of possession to issue without further notice
  728  or hearing thereon. If a motion to determine rent is filed, the
  729  movant must provide sworn documentation in support of his or her
  730  allegation that the rent alleged in the complaint is erroneous
  731  as required herein constitutes an absolute waiver of the mobile
  732  home owner’s defenses other than payment, and the park owner is
  733  entitled to an immediate default.
  734         (3) When the mobile home owner has deposited funds into the
  735  registry of the court in accordance with the provisions of this
  736  section and the park owner is in actual danger of loss of the
  737  premises or other personal hardship resulting from the loss of
  738  rental income from the premises, the park owner may apply to the
  739  court for disbursement of all or part of the funds or for prompt
  740  final hearing, whereupon the court shall advance the cause on
  741  the calendar. The court, after preliminary hearing, may award
  742  all or any portion of the funds on deposit to the park owner or
  743  may proceed immediately to a final resolution of the cause.
  744         Section 18. This act shall take effect upon becoming a law.