Florida Senate - 2023                                    SB 1378
       
       
        
       By Senator Hooper
       
       
       
       
       
       21-00809A-23                                          20231378__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Mobile Home Act;
    3         amending s. 723.005, F.S.; revising powers and duties
    4         of the Division of Florida Condominiums, Timeshares,
    5         and Mobile Homes of the Department of Business and
    6         Professional Regulation relating to the act;
    7         specifying that the Office of the Attorney General has
    8         the power and duty to enforce certain provisions
    9         relating to the act; amending s. 723.022, F.S.;
   10         revising duties of a mobile home park owner; amending
   11         s. 723.037, F.S.; conforming provisions to changes
   12         made by the act; amending s. 723.038, F.S.; revising
   13         requirements relating to mediations; amending s.
   14         723.0381, F.S.; revising the circumstances under which
   15         a party may file an action in the circuit court;
   16         amending s. 723.068, F.S.; authorizing courts to award
   17         treble damages under certain circumstances; amending
   18         s. 723.079, F.S.; revising the powers and duties of
   19         homeowners’ associations; reenacting ss. 723.024(2)
   20         and 723.0615(1), F.S., relating to compliance by
   21         mobile home park owners and mobile home owners and
   22         retaliatory conduct, respectively, to incorporate the
   23         amendments made to s. 723.022, F.S., in references
   24         thereto; reenacting s. 723.004(5), F.S., relating to
   25         construction, to incorporate the amendments made to
   26         ss. 723.022 and 723.038, F.S., in references thereto;
   27         reenacting ss. 723.003(7)(b) and 723.033(7), F.S.,
   28         relating to definitions and unreasonable lot rental
   29         agreements, respectively, to incorporate amendments
   30         made to s. 723.038, F.S., in references thereto;
   31         reenacting s. 723.002(2), F.S., relating to
   32         application of chapter, to incorporate amendments made
   33         to ss. 723.038 and 723.068, F.S., in references
   34         thereto; reenacting s. 723.075(1) and (2), F.S.,
   35         relating to homeowners’ associations, to incorporate
   36         an amendment made to s. 723.079, F.S., in references
   37         thereto; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 723.005, Florida Statutes, is amended to
   42  read:
   43         723.005 Regulation by division and the Office of the
   44  Attorney General.—The division has the power and duty to enforce
   45  and ensure compliance with the provisions of this chapter and
   46  rules adopted promulgated pursuant to this chapter. The Office
   47  of the Attorney General has hereto relating to the rental,
   48  development, and sale of mobile home parks. However, the
   49  division does not have the power and or duty to enforce
   50  provisions relating to protections in this chapter, including,
   51  but not limited to, mobile home park rules and regulations or to
   52  enforce the provisions of ss. 723.022, 723.023, and 723.033.
   53         Section 2. Present subsections (3), (4), and (5) of section
   54  723.022, Florida Statutes, are redesignated as subsections (4),
   55  (5), and (6), respectively, a new subsection (3) and subsections
   56  (7) and (8) are added to that section, and present subsection
   57  (3) of that section is amended, to read:
   58         723.022 Mobile home park owner’s general obligations.—A
   59  mobile home park owner shall at all times:
   60         (3) Maintain improvements located on the lot for which the
   61  park owner is responsible in a good state of repair and in a
   62  good state of appearance, safety, and cleanliness.
   63         (4)(3) Provide park residents and their guests and
   64  homeowners’ associations and other homeowner-organized groups or
   65  entities with use of and access to the common areas, including
   66  buildings and improvements thereto, at all reasonable times and
   67  without requiring an additional fee or requiring additional
   68  insurance coverage if the use is already covered by an existing
   69  insurance policy held by the mobile home park owner for the
   70  benefit of the park residents and their guests.
   71         (7)Refrain from enforcing any park rule or regulation not
   72  adopted in accordance with s. 723.037.
   73         (8)Refrain from collecting any lot rental increase that is
   74  the subject of pending mediation or litigation.
   75         Section 3. Paragraphs (a) and (b) of subsection (5) of
   76  section 723.037, Florida Statutes, are amended to read:
   77         723.037 Lot rental increases; reduction in services or
   78  utilities; change in rules and regulations; mediation.—
   79         (5)(a) Within 30 days after the date of the last scheduled
   80  meeting described in subsection (4), the homeowners may petition
   81  the division to initiate mediation of the dispute pursuant to s.
   82  723.038 if a majority of the affected homeowners have
   83  designated, in writing, that:
   84         1. The rental increase is unreasonable;
   85         2. The rental increase has made the lot rental amount
   86  unreasonable;
   87         3. The decrease in services or utilities is not accompanied
   88  by a corresponding decrease in rent or is otherwise
   89  unreasonable; or
   90         4. The change in the rules and regulations is unreasonable.
   91         (b) A park owner, within the same time period, may also
   92  petition the division to initiate mediation of the dispute
   93  pursuant to s. 723.038.
   94  
   95  The purpose of this subsection is to encourage discussion and
   96  evaluation by the parties of the comparable mobile home parks in
   97  the competitive market area. The requirements of this subsection
   98  are not intended to be enforced by civil or administrative
   99  action. Rather, the meetings and discussions are intended to be
  100  in the nature of settlement discussions prior to the parties
  101  proceeding to litigation of any dispute.
  102         Section 4. Section 723.038, Florida Statutes, is amended to
  103  read:
  104         (Substantial rewording of section see
  105         s. 723.038, F.S., for present text.)
  106         723.038 Presuit mediation.—A party may submit a dispute
  107  arising from this chapter to presuit mediation in accordance
  108  with s. 720.311. Election and recall disputes are not eligible
  109  for mediation under this section, and such disputes must be
  110  arbitrated by the division or filed in a court. Evictions
  111  pursuant to s. 723.061 are not eligible for mediation under this
  112  section.
  113         Section 5. Subsection (1) of section 723.0381, Florida
  114  Statutes, is amended to read:
  115         723.0381 Civil actions; arbitration.—
  116         (1) If the parties to a dispute choose to request mediation
  117  and either party refuses or fails to participate in such
  118  mediation or, after mediation of a dispute pursuant to s.
  119  723.038 has failed to provide a resolution of the dispute,
  120  either party may file an action in the circuit court.
  121         Section 6. Section 723.068, Florida Statutes, is amended to
  122  read:
  123         723.068 Attorney Attorney’s fees; damages.—Except as
  124  provided in s. 723.037, in any proceeding between private
  125  parties to enforce provisions of this chapter or for damages
  126  arising out of a failure of a party to comply with this chapter,
  127  the prevailing party is entitled to a reasonable attorney
  128  attorney’s fee. A court may treble the damages awarded to a
  129  prevailing mobile home owner or homeowners’ association and must
  130  state the basis for the treble damages award, if any, in its
  131  judgment.
  132         Section 7. Subsection (1) of section 723.079, Florida
  133  Statutes, is amended to read:
  134         723.079 Powers and duties of homeowners’ association.—
  135         (1) An association may contract, sue, or be sued with
  136  respect to the exercise or nonexercise of its powers. For these
  137  purposes, the powers of the association include, but are not
  138  limited to, the maintenance, management, and operation of the
  139  park property and the power to institute, maintain, settle, or
  140  appeal actions or hearings in its name on behalf of all
  141  homeowners concerning matters of common interest to most or all
  142  owners, including, but not limited to, disputes arising out of
  143  this chapter.
  144         Section 8. For the purpose of incorporating the amendments
  145  made by this act to section 723.022, Florida Statutes, in a
  146  reference thereto, subsection (2) of section 723.024, Florida
  147  Statutes, is reenacted to read:
  148         723.024 Compliance by mobile home park owners and mobile
  149  home owners.—Notwithstanding any other provision of this chapter
  150  or of any local law, ordinance, or code:
  151         (2) A lien, penalty, fine, or other administrative or civil
  152  proceeding may not be brought against a mobile home owner or
  153  mobile home for any duty or responsibility of the mobile home
  154  park owner under s. 723.022 or against a mobile home park owner
  155  or mobile home park property for any duty or responsibility of
  156  the mobile home owner under s. 723.023.
  157         Section 9. For the purpose of incorporating the amendments
  158  made by this act to section 723.022, Florida Statutes, in a
  159  reference thereto, subsection (1) of section 723.0615, Florida
  160  Statutes, is reenacted to read:
  161         723.0615 Retaliatory conduct.—
  162         (1) It is unlawful for a mobile home park owner to
  163  discriminatorily increase a home owner’s rent or
  164  discriminatorily decrease services to a home owner, or to bring
  165  or threaten to bring an action for possession or other civil
  166  action, primarily because the park owner is retaliating against
  167  the home owner. In order for the home owner to raise the defense
  168  of retaliatory conduct, the home owner must have acted in good
  169  faith and not for any improper purposes, such as to harass or to
  170  cause unnecessary delay or for frivolous purpose or needless
  171  increase in the cost of litigation. Examples of conduct for
  172  which the park owner may not retaliate include, but are not
  173  limited to, situations where:
  174         (a) The home owner has in good faith complained to a
  175  governmental agency charged with responsibility for enforcement
  176  of a building, housing, or health code of a suspected violation
  177  applicable to the mobile home park;
  178         (b) The home owner has organized, encouraged, or
  179  participated in a homeowners’ organization; or
  180         (c) The home owner has complained to the park owner for
  181  failure to comply with s. 723.022.
  182         Section 10. For the purpose of incorporating the amendments
  183  made by this act to sections 723.022 and 723.038, Florida
  184  Statutes, in references thereto, subsection (5) of section
  185  723.004, Florida Statutes, is reenacted to read:
  186         723.004 Legislative intent; preemption of subject matter.—
  187         (5) Nothing in this chapter shall be construed to prevent
  188  the enforcement of a right or duty under this section, s.
  189  723.022, s. 723.023, s. 723.031, s. 723.032, s. 723.033, s.
  190  723.035, s. 723.037, s. 723.038, s. 723.061, s. 723.0615, s.
  191  723.062, s. 723.063, or s. 723.081 by civil action after the
  192  party has exhausted its administrative remedies, if any.
  193         Section 11. For the purpose of incorporating the amendments
  194  made by this act to section 723.038, Florida Statutes, in a
  195  reference thereto, paragraph (b) of subsection (7) of section
  196  723.003, Florida Statutes, is reenacted to read:
  197         723.003 Definitions.—As used in this chapter, the term:
  198         (7)
  199         (b) For purposes of mediation under ss. 723.037 and
  200  723.038, the term “parties” means a park owner as defined in
  201  subsection (13) and a homeowners’ committee selected pursuant to
  202  s. 723.037.
  203         Section 12. For the purpose of incorporating the amendments
  204  made by this act to section 723.038, Florida Statutes, in a
  205  reference thereto, subsection (7) of section 723.033, Florida
  206  Statutes, is reenacted to read:
  207         723.033 Unreasonable lot rental agreements; increases,
  208  changes.—
  209         (7) An arbitrator or mediator under ss. 723.037, 723.038,
  210  and 723.0381 shall employ the same standards as set forth in
  211  this section.
  212         Section 13. For the purpose of incorporating the amendments
  213  made by this act to sections 723.038 and 723.068, Florida
  214  Statutes, in references thereto, subsection (2) of section
  215  723.002, Florida Statutes, is reenacted to read:
  216         723.002 Application of chapter.—
  217         (2) The provisions of ss. 723.035, 723.037, 723.038,
  218  723.054, 723.055, 723.056, 723.058, and 723.068 are applicable
  219  to mobile home subdivision developers and the owners of lots in
  220  mobile home subdivisions.
  221         Section 14. For the purpose of incorporating the amendment
  222  made by this act to section 723.079, Florida Statutes, in a
  223  reference thereto, subsections (1) and (2) of section 723.075,
  224  Florida Statutes, are reenacted to read:
  225         723.075 Homeowners’ associations.—
  226         (1) In order to exercise the rights of a homeowners’
  227  association as provided in this chapter, the mobile home owners
  228  shall form an association in compliance with this section and
  229  ss. 723.077, 723.078, and 723.079, which shall be a corporation
  230  for profit or not for profit and of which not less than two
  231  thirds of all of the mobile home owners within the park shall
  232  have consented, in writing, to become members or shareholders.
  233  Upon incorporation of the association, all consenting mobile
  234  home owners in the park may become members or shareholders. The
  235  term “member” or “shareholder” means a mobile home owner who
  236  consents to be bound by the articles of incorporation, bylaws,
  237  and policies of the incorporated homeowners’ association. The
  238  association may not have a member or shareholder who is not a
  239  bona fide owner of a mobile home located in the park. Upon
  240  incorporation and service of the notice described in s. 723.076,
  241  the association shall become the representative of all the
  242  mobile home owners in all matters relating to this chapter,
  243  regardless of whether the homeowner is a member of the
  244  association.
  245         (2) It is the intent of the Legislature that any
  246  homeowners’ association properly created pursuant to chapter 715
  247  prior to the effective date of this act be deemed an association
  248  created pursuant to the provisions of this section and have all
  249  rights and powers granted under this section and ss. 723.077 and
  250  723.079. Any inconsistency in the provisions of the charter of
  251  such previously created homeowners’ association shall be deemed
  252  amended to conform herewith.
  253         Section 15. This act shall take effect July 1, 2023.