Senate Bill 1970

    Florida Senate - 1998                                  SB 1970

    By Senator Kurth





    15-1116-98

  1                      A bill to be entitled

  2         An act relating to mobile home parks; creating

  3         s. 723.028, F.S.; providing procedures for rent

  4         abatement if a mobile home or park facility or

  5         improvement is destroyed or rendered unusable;

  6         providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 723.028, Florida Statutes, is

11  created to read:

12         723.028  Destruction of mobile home or mobile home park

13  improvements.--

14         (1)  If the owner of any mobile home that is totally

15  destroyed notifies the park owner in writing of the

16  destruction, the park owner shall advise the mobile home owner

17  in writing within 15 days after receipt of the notice that the

18  mobile home owner may continue to occupy the lot or terminate

19  the lot rental agreement.

20         (2)  If the mobile home owner terminates the lot rental

21  agreement, the mobile home owner's rental obligation

22  terminates 15 days after delivery of the termination notice,

23  and the park owner may offer a prospectus or offering circular

24  to a prospective occupant.

25         (3)  If facilities or improvements in a mobile home

26  park serving a mobile home owner are destroyed or made

27  temporarily unusable, the park owner shall immediately reduce

28  the lot rental for the affected mobile home owner in an amount

29  equal to that portion of the rental attributable to the

30  improvements or facilities destroyed. The park owner shall

31  also provide the mobile home owner an allocation for all

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






    Florida Senate - 1998                                  SB 1970
    15-1116-98




  1  component parts of the lot rental amount. Notwithstanding s.

  2  723.037, a mobile home owner who disputes the reasonableness

  3  of the allocations may petition the circuit court in the

  4  county where the park is located to determine the

  5  reasonableness of the allocation. If the improvement or

  6  facility destroyed renders the mobile home unusable under

  7  normal living circumstances, the rent shall be abated entirely

  8  until the repair or reconstruction has been completed.

  9         (4)  The reduction in the lot rental amount shall

10  continue until the improvements or facilities are repaired or

11  reconstructed and made available to the mobile home owners in

12  substantially the same manner as provided for in the initial

13  prospectus or offering circular. The park owner is responsible

14  for all costs of repair or replacement of facilities or

15  improvements.

16         (5)  After any improvements or facilities are repaired

17  or reconstructed, the park owner shall amend the prospectus or

18  offering circular to accurately disclose that fact.

19         Section 2.  This act shall take effect July 1, 1998.

20

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22                          SENATE SUMMARY

23    Provides for rent abatement if a mobile home in a park is
      destroyed or if park facilities are destroyed or rendered
24    temporarily unusable. (See bill for details.)

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