CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 3245
Amendment No. 5 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Thrasher offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Subsection (15) is added to section
18 723.003, Florida Statutes, 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 (15) The term "proportionate share" means that portion
23 of a pass-through charge related to occupied lots and
24 recreational or other common areas. It does not include the
25 portion of a pass-through charge related to developed or
26 underdeveloped commercial out parcels.
27 Section 2. Subsection (11) is added to section
28 723.031, Florida Statutes, to read:
29 723.031 Mobile home lot rental agreements.--
30 (11) Any person who rents a vacant lot or a lot in an
31 undeveloped phase may be required to pay the pass-through
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File original & 9 copies 04/15/98
hbd0016 07:26 pm 03245-0019-864705
HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 3245
Amendment No. 5 (for drafter's use only)
1 charge that was the obligation of the park owner at the time
2 the pass-through charge was initially assessed. The prospectus
3 for the mobile home park may be amended to require that the
4 home owner pay the proportionate share of any pass-through
5 charged as defined in this act, if the prospectus or rental
6 agreement delivered to the homeowner did not disclose that
7 obligation in accordance with the definition in this act.
8 Section 3. Subsection (7) is added to section 723.037,
9 Florida Statutes, to read:
10 723.037 Lot rental increases; reduction in services or
11 utilities; change in rules and regulations; mediation.--
12 (7) The giving of notices of lot rental amount
13 increase to the home owners in a mobile home park that are not
14 in compliance with this section shall be considered a "minor
15 violation" pursuant to s. 723.006, unless the notices fail to
16 disclose the proposed lot rental amount as increased, the home
17 owners are given an effective date that is not at least 90
18 days after the date of giving the notice, or if the notice was
19 not given to the board of directors of the homeowners
20 association by giving a copy to the president or registered
21 agent of the association. Any party asserting a claim of a
22 violation of this section must exhaust administrative remedies
23 prior to filing an action in court, and no damages shall be
24 awarded greater than that provided by statute for the
25 administrative resolution of this matter.
26 Section 4. Subsection (6) is added to Section 723.011,
27 Florida Statutes, to read:
28 723.011 Disclosure prior to rental of a mobile home
29 lot; prospectus, filing, approval.--
30 (6) Delivery of a prospectus which does not contain
31 the 1986 amendments to Chapter 723, to a home owner who moves
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File original & 9 copies 04/15/98
hbd0016 07:26 pm 03245-0019-864705
HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 3245
Amendment No. 5 (for drafter's use only)
1 into the mobile home park after July 1, 1986, shall be a
2 "minor violation" pursuant to s. 723.006, so long as the park
3 owner, after notice of the violation, delivers an approved
4 prospectus containing those amendments to the home owner. The
5 home owner shall have no right to an action pursuant to this
6 chapter for failure by the park owner to provide an approved
7 prospectus containing the 1986 amendments, so long as a
8 prospectus approved by the Division was provided to the home
9 owner.
10 Section 5. This act shall take effect october 1 of the
11 year in which enacted.
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14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 remove from the title of the bill: the entire title
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18 and insert in lieu thereof:
19 A bill to be entitled
20 An act relating to the Florida Mobile Home Act;
21 amending s. 723.003, F.S.; defining
22 "proportionate share"; amending s. 723.031,
23 F.S.; providing pass-through charges for vacant
24 lots or undeveloped phases; providing for
25 amendment to the prospectus; amending s.
26 723.037, F.S., providing that failure to
27 provide certain notice relating to lot rental
28 increases constitutes a minor violation;
29 requiring exhaustion of administrative
30 remedies; amending s. 723.011, F.S.; providing
31 that the provision of certain prospectuses
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File original & 9 copies 04/15/98
hbd0016 07:26 pm 03245-0019-864705
HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 3245
Amendment No. 5 (for drafter's use only)
1 constitutes a minor violation; prohibiting
2 causes of action under certain circumstances;
3 providing an effective date.
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File original & 9 copies 04/15/98
hbd0016 07:26 pm 03245-0019-864705