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





                                                   HOUSE AMENDMENT

    hbd-06                                     Bill No. CS/HB 3245

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Livingston offered the following:

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13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Subsection (10) of section 723.003, Florida

18  Statutes, is amended to read:

19         723.003  Definitions.--As used in this chapter, the

20  following words and terms have the following meanings unless

21  clearly indicated otherwise:

22         (10)  The term "pass-through charge" means the mobile

23  home owner's proportionate share of the necessary and actual

24  direct costs and impact or hookup fees for a governmentally

25  mandated capital improvement, which may include the necessary

26  and actual direct costs and impact or hookup fees incurred for

27  capital improvements required for public or private regulated

28  utilities. The mobile home park owner's proportionate share

29  shall be that portion of actual direct costs and impact or

30  hookup fees attributable to governmentally mandated capital

31  improvements that serve or will serve empty lots, property of

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    File original & 9 copies    04/16/98
    hbd0001                     08:59 am         03245-0075-290045




                                                   HOUSE AMENDMENT

    hbd-06                                     Bill No. CS/HB 3245

    Amendment No.     (for drafter's use only)





 1  undeveloped phases, and any property used and maintained by

 2  the park owner not occupied by a mobile home owned by a mobile

 3  home owner.

 4         Section 2.  Paragraph (c) of subsection (9) of section

 5  723.012, Florida Statutes, is amended to read:

 6         723.012  Prospectus or offering circular.--The

 7  prospectus or offering circular, which is required to be

 8  provided by s. 723.011, must contain the following

 9  information:

10         (9)  An explanation of the manner in which the lot

11  rental amount will be raised, including, but not limited to:

12         (a)  Notification of the mobile home owner at least 90

13  days in advance of the increase.

14         (b)  Disclosure of any factors which may affect the lot

15  rental amount, including, but not limited to:

16         1.  Water rates.

17         2.  Sewer rates.

18         3.  Waste disposal rates.

19         4.  Maintenance costs, including costs of deferred

20  maintenance.

21         5.  Management costs.

22         6.  Property taxes.

23         7.  Major repairs or improvements.

24         8.  Any other fees, costs, entrance fees, or charges to

25  which the mobile home owner may be subjected.

26         (c)  Disclosure of the manner in which the pass-through

27  charges will be assessed. Any person who rents a vacant lot or

28  a lot in an undeveloped phase may be required to pay the

29  pass-through charge that was paid by the park owner at the

30  time the pass-through charge was initially assessed. The

31  prospectus for the mobile home park which initially provides

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    File original & 9 copies    04/16/98
    hbd0001                     08:59 am         03245-0075-290045




                                                   HOUSE AMENDMENT

    hbd-06                                     Bill No. CS/HB 3245

    Amendment No.     (for drafter's use only)





 1  for pass-through charges may be amended to provide that the

 2  homeowner pay the proportionate share of any pass-through

 3  charge as defined in this act, if the initial disclosure of

 4  pass-through charges in the prospectus or rental agreement

 5  delivered to the homeowner did not disclose that obligation in

 6  accordance with the definition in this act.

 7         Section 3.  Paragraph (b) of subsection (2) of section

 8  723.078, Florida Statutes, is amended to read:

 9         723.078  Bylaws of homeowners' associations.--In order

10  for a homeowners' association to exercise the rights provided

11  in s. 723.071, the bylaws of the association shall provide for

12  the following:

13         (2)  The bylaws shall provide and, if they do not,

14  shall be deemed to include, the following provisions:

15         (b)  A majority of the members shall constitute a

16  quorum unless the bylaws of the homeowners' association

17  provide that a lesser number of members constitutes a quorum.

18  Decisions shall be made by a majority of members represented

19  at a meeting at which a quorum is present.  In addition,

20  provision shall be made in the bylaws for definition and use

21  of proxy.  Any proxy given shall be effective only for the

22  specific meeting for which originally given and any lawfully

23  adjourned meetings thereof.  In no event shall any proxy be

24  valid for a period longer than 120 days after the date of the

25  first meeting for which it was given. Every proxy shall be

26  revocable at any time at the pleasure of the member executing

27  it.

28         Section 4.  This act shall take effect October 1, 1998.

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    File original & 9 copies    04/16/98
    hbd0001                     08:59 am         03245-0075-290045




                                                   HOUSE AMENDMENT

    hbd-06                                     Bill No. CS/HB 3245

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1,

 4  remove from the title of the bill:  line 1 through line 12

 5

 6  and insert in lieu thereof:

 7                  A bill to be entitled

 8         An act relating to the Florida Mobile Home Act;

 9         amending s. 723.003, F.S.; revising the

10         definition of "pass-through charge"; amending

11         s. 723.012, F.S.; clarifying pass-through

12         charges for vacant lots or undeveloped phases;

13         providing for amendment to the prospectus;

14         amending s. 723.078, F.S., relating to bylaws

15         of howeowners' associations; revising

16         provisions relating to the number of members

17         which constitutes a quorum; providing an

18         effective date.

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    File original & 9 copies    04/16/98
    hbd0001                     08:59 am         03245-0075-290045