SENATE AMENDMENT
    Bill No. CS for CS for SB 442
    Amendment No. ___   Barcode 173966
                            CHAMBER ACTION
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11  Senator Latvala moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 12, line 23, through
15            page 15, line 27, delete those lines
16  
17  and insert:  
18         Section 6.  Section 723.0611, Florida Statutes, is
19  created to read:
20         723.0611  Florida Mobile Home Relocation Corporation.--
21         (1)  There is created the Florida Mobile Home
22  Relocation Corporation. The corporation shall be administered
23  by a board of directors made up of six members, three of whom
24  shall be appointed by the Secretary of Business and
25  Professional Regulation from a list of nominees submitted by
26  the largest nonprofit association representing mobile home
27  owners in this state, and three of whom shall be appointed by
28  the Secretary of Business and Professional Regulation from a
29  list of nominees submitted by the largest nonprofit
30  association representing the manufactured housing industry in
31  this state. All members of the board of directors, including
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SENATE AMENDMENT Bill No. CS for CS for SB 442 Amendment No. ___ Barcode 173966 1 the chair, shall be appointed to serve for staggered 3-year 2 terms. 3 (2)(a) The board of directors may employ or retain 4 such persons as are necessary to perform the administrative 5 and financial transactions and responsibilities of the 6 corporation and to perform other necessary and proper 7 functions not prohibited by law. 8 (b) Members of the board of directors may be 9 reimbursed from moneys of the corporation for actual and 10 necessary expenses incurred by them as members but may not 11 otherwise be compensated for their services. 12 (c) There shall be no liability on the part of, and no 13 cause of action of any nature shall arise against, agents or 14 employees of the corporation, members of the board of 15 directors of the corporation, or representatives of the 16 Division of Florida Land Sales, Condominiums, and Mobile Homes 17 for any act or omission of the board of directors in the 18 performance of their powers and duties under this section, 19 unless such act or omission by such person is in intentional 20 disregard of the rights of the claimant. 21 (d) Meetings of the board of directors are subject to 22 the provisions of s. 286.011. 23 (3) The board of directors shall: 24 (a) Adopt a plan of operation and articles, bylaws, 25 and operating rules. 26 (b) Establish procedures under which applicants for 27 payments from the corporation may have grievances reviewed by 28 an impartial body and reported to the board of directors. 29 (4) The corporation may: 30 (a) Sue or be sued. 31 (b) Borrow from private finance sources in order to 2 10:47 AM 04/30/01 s0442c2c-19m0a
SENATE AMENDMENT Bill No. CS for CS for SB 442 Amendment No. ___ Barcode 173966 1 meet the demands of the relocation program established in s. 2 723.0612. 3 Section 7. Section 723.0612, Florida Statutes, is 4 created to read: 5 723.0612 Change in use; relocation expenses; payments 6 by park owner.-- 7 (1) If a mobile home owner is required to move due to 8 a change in use of the land comprising the mobile home park as 9 set forth in s. 723.061(1)(d) and complies with the 10 requirements of this section, the mobile home owner is 11 entitled to payment from the Florida Mobile Home Relocation 12 Corporation of: 13 (a) The amount of actual moving expenses of relocating 14 the mobile home to a new location within a 50-mile radius of 15 the vacated park, or 16 (b) The amount of $5,000 for a single-section mobile 17 home or $10,000 for a multisection mobile home, 18 19 whichever is less. Moving expenses include the cost of taking 20 down, moving, and setting up the mobile home in a new 21 location. 22 (2) A mobile home owner shall not be entitled to 23 compensation under subsection (1) when: 24 (a) The park owner moves a mobile home owner to 25 another space in the mobile home park or to another mobile 26 home park at the park owner's expense; 27 (b) A mobile home owner is vacating the premises and 28 has informed the park owner or manager before notice of the 29 change in use has been given; or 30 (c) A mobile home owner abandons the mobile home as 31 set forth in subsection (7). 3 10:47 AM 04/30/01 s0442c2c-19m0a
SENATE AMENDMENT Bill No. CS for CS for SB 442 Amendment No. ___ Barcode 173966 1 (3) Except as provided in subsection (7), in order to 2 obtain payment from the Florida Mobile Home Relocation 3 Corporation, the mobile home owner shall submit to the 4 corporation, with a copy to the park owner, an application for 5 payment which includes: 6 (a) A copy of the notice of eviction due to change in 7 use; and 8 (b) A contract with a moving or towing contractor for 9 the moving expenses for the mobile home. 10 (4) The Florida Mobile Home Relocation Corporation 11 must approve payment within 15 days after receipt of the 12 information set forth in subsection (3), or payment is deemed 13 approved. A copy of the approval must be forwarded to the park 14 owner with an invoice for payment. Upon approval, the 15 corporation shall issue a voucher in the amount of the 16 contract price for relocating the mobile home. The moving 17 contractor may redeem the voucher from the corporation 18 following completion of the relocation and upon approval of 19 the relocation by the mobile home owner. 20 (5) Actions of the Florida Mobile Home Relocation 21 Corporation under this section are not subject to the 22 provisions of chapter 120 but are reviewable only by writ of 23 certiorari in the circuit court in the county in which the 24 claimant resides in the manner and within the time provided by 25 the Florida Rules of Appellate Procedure. 26 (6) This section does not apply to any proceeding in 27 eminent domain under chapter 73 or chapter 74. 28 (7) In lieu of collecting payment from the Florida 29 Mobile Home Relocation Corporation as set forth in subsection 30 (1), a mobile home owner may abandon the mobile home in the 31 mobile home park and collect an amount equal to one-fourth of 4 10:47 AM 04/30/01 s0442c2c-19m0a
SENATE AMENDMENT Bill No. CS for CS for SB 442 Amendment No. ___ Barcode 173966 1 the maximum allowable moving expenses from the corporation as 2 long as the mobile home owner delivers to the park owner the 3 current title to the mobile home duly endorsed by the owner of 4 record and valid releases of all liens shown on the title. If 5 a mobile home owner chooses this option, the park owner shall 6 make payment to the corporation in an amount equal to 7 one-fourth of the maximum allowable moving expenses. 8 (8) The Florida Mobile Home Relocation Corporation 9 shall not be liable to any person for recovery if funds are 10 insufficient to pay the amounts claimed. In any such event, 11 the corporation shall keep a record of the time and date of 12 its approval of payment to a claimant. If sufficient funds 13 become available, the corporation shall pay the claimant whose 14 unpaid claim is the earliest by time and date of approval. 15 (9) It is unlawful for any person or his or her agent 16 to file any notice, statement, or other document required 17 under this section which is false or contains any material 18 misstatement of fact. Any person who violates this subsection 19 commits a misdemeanor of the second degree, punishable as 20 provided in s. 775.082 or s. 775.083. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 1, lines 18-26, delete those lines 26 27 and insert: 28 board of directors; providing for reimbursement 29 for members' expenses; providing immunity from 30 liability for certain persons for acts of the 31 board of directors; providing that board 5 10:47 AM 04/30/01 s0442c2c-19m0a
SENATE AMENDMENT Bill No. CS for CS for SB 442 Amendment No. ___ Barcode 173966 1 meetings are subject to s. 286.011, F.S.; 2 providing for adoption of rules, bylaws, and 3 articles; authorizing the corporation to borrow 4 from private finance sources; creating s. 5 723.0612, F.S.; providing for the payment of 6 relocation expenses from the corporation if a 7 mobile home owner is required to move due to a 8 change in use of the park; providing certain 9 exceptions; specifying procedures for payments 10 upon approval of the corporation; providing 11 that actions by the corporation are not subject 12 to ch. 120, F.S.; providing that s. 723.0612, 13 F.S., does not apply to eminent domain 14 proceedings; providing for abandonment of a 15 mobile home in lieu of payment from the 16 corporation; providing immunity to the 17 corporation when funds are insufficient; 18 prohibiting false statements; providing a 19 penalty; providing an effective date. 20 21 22 23 24 25 26 27 28 29 30 31 6 10:47 AM 04/30/01 s0442c2c-19m0a