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Florida Senate - 2001 CS for CS for SB 442
By the Committees on Comprehensive Planning, Local and
Military Affairs; Regulated Industries; and Senators Latvala,
Brown-Waite, Pruitt, Cowin, Posey, Carlton, Saunders,
Campbell, Lee, Wasserman Schultz, Sullivan, Dyer, Burt,
(Additional Sponsors on Last Printed Page)
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1 A bill to be entitled
2 An act relating to the Florida Mobile Home Act;
3 amending s. 723.003, F.S.; defining the term
4 "proportionate share"; amending s. 723.011,
5 F.S.; requiring the division to maintain
6 specified records; requiring that copies be
7 provided within a specified time after written
8 request; amending s. 723.012, F.S.; revising
9 provisions relating to statements in a
10 prospectus; amending s. 723.037, F.S.; revising
11 procedures for committee meetings that
12 determine the status of changes in lot rentals;
13 amending s. 723.061, F.S.; revising timeframes
14 for giving notice of changes in lot rental
15 amounts and use of mobile home parks; creating
16 s. 723.0611, F.S.; creating the Florida Mobile
17 Home Relocation Corporation; providing for a
18 board of directors; authorizing the board to
19 borrow from private finance sources; creating
20 s. 723.0612, F.S.; providing for the payment of
21 relocation expenses if a mobile home owner is
22 required to move due to a change in use of the
23 park; providing certain exceptions; specifying
24 procedures for payments upon approval of the
25 corporation; providing a penalty; providing an
26 effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Present subsections (11), (12), (13), and
31 (14) of section 723.003, Florida Statutes, are redesignated as
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1 subsections (12), (13), (14), and (15), respectively, and a
2 new subsection (11) is added to that section, to read:
3 723.003 Definitions.--As used in this chapter, the
4 following words and terms have the following meanings unless
5 clearly indicated otherwise:
6 (11) The term "proportionate share" as used in
7 subsection (10) means an amount calculated by dividing equally
8 among the affected developed lots in the park the total costs
9 for the necessary and actual direct costs and impact or hookup
10 fees incurred for governmentally mandated capital improvements
11 serving the recreational and common areas and all affected
12 developed lots in the park.
13 Section 2. Subsection (1) of section 723.011, Florida
14 Statutes, is amended to read:
15 723.011 Disclosure prior to rental of a mobile home
16 lot; prospectus, filing, approval.--
17 (1)(a) In a mobile home park containing 26 or more
18 lots, the park owner shall file a prospectus with the
19 division. Prior to entering into an enforceable rental
20 agreement for a mobile home lot, the park owner shall deliver
21 to the homeowner a prospectus approved by the division. This
22 subsection does shall not be construed to invalidate those lot
23 rental agreements for which an approved prospectus was
24 required to be delivered and which was delivered on or before
25 July 1, 1986, if the mobile home park owner had:
26 1. Filed a prospectus with the division prior to
27 entering into the lot rental agreement;
28 2. Made a good faith effort to correct deficiencies
29 cited by the division by responding within the time limit set
30 by the division, if one was set; and
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1 3. Delivered the approved prospectus to the mobile
2 home owner within 45 days of approval by the division.
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4 This paragraph does shall not preclude the finding that a lot
5 rental agreement is invalid on other grounds and does shall
6 not be construed to limit any rights of a mobile home owner or
7 to preclude a mobile home owner from seeking any remedies
8 allowed by this chapter, including a determination that the
9 lot rental agreement or any part thereof is unreasonable.
10 (b) The division shall determine whether the proposed
11 prospectus or offering circular is adequate to meet the
12 requirements of this chapter and shall notify the park owner
13 by mail, within 45 days after of receipt of the document, that
14 the division has found that either approved the prospectus or
15 offering circular is adequate or has found specified
16 deficiencies. If In the event the division does not make
17 either finding approve the prospectus or advise the park owner
18 of deficiencies within 45 days, the prospectus shall be deemed
19 to have been found adequate be approved.
20 (c)1. Filings for mobile home parks in which lots have
21 not been offered for lease prior to June 4, 1984, shall be
22 accompanied by a filing fee of $10 per lot offered for lease
23 by the park owner; however, the fee shall not be less than
24 $100.
25 2. Filings for mobile home parks in which lots have
26 been offered for lease prior to the effective date of this
27 chapter shall be accompanied by a filing fee as follows:
28 a. For a park in which there are 26-50 lots: $100.
29 b. For a park in which there are 51-100 lots: $150.
30 c. For a park in which there are 101-150 lots: $200.
31 d. For a park in which there are 151-200 lots: $250.
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1 e. For a park in which there are 201 or more lots:
2 $300.
3 (d) The division shall maintain copies of each
4 prospectus and all amendments to each prospectus which are
5 considered adequate by the division. The division shall
6 provide copies of documents requested in writing under this
7 subsection within 10 days after the written request is
8 received.
9 Section 3. Subsection (1) of section 723.012, Florida
10 Statutes, is amended to read:
11 723.012 Prospectus or offering circular.--The
12 prospectus or offering circular, which is required to be
13 provided by s. 723.011, must contain the following
14 information:
15 (1) The front cover or the first page must contain
16 only:
17 (a) The name of the mobile home park.
18 (b) The following statements in conspicuous type:
19 1. THIS PROSPECTUS CONTAINS VERY IMPORTANT INFORMATION
20 REGARDING YOUR LEGAL RIGHTS AND YOUR FINANCIAL OBLIGATIONS IN
21 LEASING A MOBILE HOME LOT. MAKE SURE THAT YOU READ THE ENTIRE
22 DOCUMENT AND SEEK LEGAL ADVICE IF YOU HAVE ANY QUESTIONS
23 REGARDING THE INFORMATION SET FORTH IN THIS DOCUMENT (OFFERING
24 CIRCULAR) CONTAINS IMPORTANT MATTERS TO BE CONSIDERED IN
25 LEASING A MOBILE HOME LOT.
26 2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
27 NATURE. A PROSPECTIVE LESSEE SHOULD REFER TO ALL REFERENCES,
28 ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
29 MATERIALS.
30 3. ORAL REPRESENTATIONS SHOULD NOT BE RELIED UPON AS
31 CORRECTLY STATING THE REPRESENTATIONS OF THE PARK OWNER OR
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1 OPERATOR. REFER TO THIS PROSPECTUS (OFFERING CIRCULAR) AND
2 ITS EXHIBITS FOR CORRECT REPRESENTATIONS.
3 4. UPON DELIVERY OF THE PROSPECTUS TO A PROSPECTIVE
4 LESSEE, THE RENTAL AGREEMENT IS VOIDABLE BY THE LESSEE FOR A
5 PERIOD OF 15 DAYS.
6 Section 4. Subsection (4) and paragraph (a) of
7 subsection (5) of section 723.037, Florida Statutes, are
8 amended to read:
9 723.037 Lot rental increases; reduction in services or
10 utilities; change in rules and regulations; mediation.--
11 (4)(a) A committee, not to exceed five in number,
12 designated by a majority of the affected mobile home owners or
13 by the board of directors of the homeowners' association, if
14 applicable, and the park owner shall meet, at a mutually
15 convenient time and place within 30 days after receipt by the
16 homeowners of the notice of change, to discuss the reasons for
17 the increase in lot rental amount, reduction in services or
18 utilities, or change in rules and regulations.
19 (b) At the meeting, the park owner or subdivision
20 developer shall in good faith disclose and explain all
21 material factors resulting in the decision to increase the lot
22 rental amount, reduce services or utilities, or change rules
23 and regulations, including how those factors justify the
24 specific change proposed. The park owner or subdivision
25 developer may not limit the discussion of the reasons for the
26 change to generalities only, such as, but not limited to,
27 increases in operational costs, changes in economic
28 conditions, or rents charged by comparable mobile home parks.
29 For example, if the reason for an increase in lot rental
30 amount is an increase in operational costs, the park owner
31 must disclose the item or items which have increased, the
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1 amount of the increase, any similar item or items which have
2 decreased, and the amount of the decrease. If an increase is
3 based upon the lot rental amount charged by comparable mobile
4 home parks, the park owner shall disclose, and provide in
5 writing to the committee at or before the meeting, the name,
6 address, lot rental amount, and any other relevant factors
7 relied upon by the park owner such as, facilities, services,
8 and amenities concerning the comparable mobile home parks
9 relied upon by the park owner. The park owner shall prepare a
10 written summary of the material factors and retain a copy for
11 3 years. The park owner shall provide the committee a copy of
12 the summary at or before the meeting.
13 (c) If the committee disagrees with a park owner's lot
14 rental amount increase based upon comparable mobile home
15 parks, the committee shall disclose to the park owner the
16 name, address, lot rental amount, and any other relevant
17 factors relied upon by the committee such as, facilities,
18 services, and amenities concerning the comparable mobile home
19 parks. The committee shall provide to the park owner the
20 disclosure, in writing, within 15 days after the meeting with
21 the park owner, together with a request for a second meeting.
22 (d) The committee and the park owner may mutually
23 agree, in writing, to extend or continue any meetings required
24 by this section.
25 (e) Either party may prepare and use additional
26 information to support its position during or subsequent to
27 the meetings required by this section.
28 (5)(a) Within 30 days after the date of the last
29 scheduled meeting date described in subsection (4), the
30 homeowners may petition the division to initiate mediation of
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1 the dispute pursuant to s. 723.038 if a majority of the
2 affected homeowners have designated, in writing, that:
3 1. The rental increase is unreasonable;
4 2. The rental increase has made the lot rental amount
5 unreasonable;
6 3. The decrease in services or utilities is not
7 accompanied by a corresponding decrease in rent or is
8 otherwise unreasonable; or
9 4. The change in the rules and regulations is
10 unreasonable.
11 Section 5. Section 723.061, Florida Statutes, is
12 amended to read:
13 723.061 Eviction; grounds, proceedings.--
14 (1) A mobile home park owner may evict a mobile home
15 owner or a mobile home only on one or more of the grounds
16 provided in this section.
17 (a) Nonpayment of lot rental amount. If a mobile home
18 owner fails to pay the lot rental amount when due and if the
19 default continues for 5 days after delivery of a written
20 demand by the mobile home park owner for payment of the lot
21 rental amount, the park owner may terminate the tenancy.
22 However, if the mobile home owner pays the lot rental amount
23 due, including any late charges, court costs, and attorney's
24 fees, the court may, for good cause, deny the order of
25 eviction, provided such nonpayment has not occurred more than
26 twice.
27 (b) Conviction of a violation of a federal or state
28 law or local ordinance, which violation may be deemed
29 detrimental to the health, safety, or welfare of other
30 residents of the mobile home park.
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1 (c) Violation of a park rule or regulation, the rental
2 agreement, or this chapter.
3 1. For the first violation of any properly promulgated
4 rule or regulation, rental agreement provision, or this
5 chapter which is found by any court having jurisdiction
6 thereof to have been an act which endangered the life, health,
7 safety, or property of the park residents or the peaceful
8 enjoyment of the mobile home park by its residents, the mobile
9 home park owner may terminate the rental agreement, and the
10 mobile home owner will have 7 days from the date that the
11 notice is delivered to vacate the premises.
12 2. For a second violation of the same properly
13 promulgated rule or regulation, rental agreement provision, or
14 this chapter within 12 months, the mobile home park owner may
15 terminate the tenancy if she or he has given the mobile home
16 owner written notice within 30 days of the first violation,
17 which notice specified the actions of the mobile home owner
18 which caused the violation and gave the mobile home owner 7
19 days to correct the noncompliance. The mobile home owner must
20 have received written notice of the ground upon which she or
21 he is to be evicted at least 30 days prior to the date on
22 which she or he is required to vacate. A second violation of
23 a properly promulgated rule or regulation, rental agreement
24 provision, or this chapter within 12 months of the first
25 violation is unequivocally a ground for eviction, and it is
26 not a defense to any eviction proceeding that a violation has
27 been cured after the second violation. Violation of a rule or
28 regulation, rental agreement provision, or this chapter after
29 the passage of 1 year from the first violation of the same
30 rule or regulation, rental agreement provision, or this
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1 chapter does not constitute a ground for eviction under this
2 section.
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4 No properly promulgated rule or regulation may be arbitrarily
5 applied and used as a ground for eviction.
6 (d) Change in use of the land comprising the mobile
7 home park, or the portion thereof from which mobile homes are
8 to be evicted, from mobile home lot rentals to some other use,
9 provided all tenants affected are given at least 6 month's 1
10 year's notice of the projected change of use and of their need
11 to secure other accommodations. The park owner may not give a
12 notice of increase in lot rental amount 90 days before giving
13 notice of a change in land use.
14 (e) Failure of the purchaser of a mobile home situated
15 in the mobile home park to be qualified as, and to obtain
16 approval to become, a tenant, if such approval is required by
17 a properly promulgated rule.
18 (2) In the event of eviction for change of land use,
19 homeowners must object to the change in land use by
20 petitioning for administrative or judicial remedies within 90
21 days of the date of the notice or they will be barred from
22 taking any subsequent action to contest the change in land
23 use. This provision shall not be construed to prevent any
24 homeowner from objecting to a zoning change at any time.
25 (a) Within 90 days from the time the park owner gives
26 the 1-year notice, she or he shall notify the homeowner of her
27 or his election to either buy the mobile home, relocate the
28 mobile home to another park owned by the park owner, or pay to
29 relocate the mobile home to another mobile home park, as
30 follows:
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1 1. Pay as damages the actual cost, including setup
2 fees, to move an evicted mobile home, with comparable and any
3 required appurtenances, to a comparable mobile home park
4 within a 50-mile radius of the mobile home park or other
5 distance agreed upon by the park owner and mobile home owner.
6 Since the amount of damages that a homeowner will suffer due
7 to the change in land use by the park owner cannot be easily
8 estimated and would be difficult and expensive to determine,
9 it is the intent of the Legislature that the payment contained
10 herein be considered in the nature of liquidated damages and
11 not a penalty. It is the intent of the Legislature that the
12 liquidated damages to which the mobile home owner is entitled
13 be limited to the damages defined in this subparagraph only
14 for so long as this subsection remains in effect. The
15 liquidated damages apply only to the harm incurred by the
16 homeowner for having to relocate, and this provision shall not
17 preclude incidental damages that might occur in relocating the
18 mobile home;
19 2. Purchase the mobile home and all appurtenances
20 thereto at a value to be determined as follows:
21 a. A mutually agreed upon appraiser will assess the
22 book value of the mobile home and cash value of all
23 appurtenances thereto and the market value of the mobile home
24 as situated immediately prior to the notice of change in land
25 use. Any nationally recognized publication for valuation of
26 mobile and manufactured homes shall be used as a guide for
27 determining such value.
28 b. The homeowner will be entitled to the book value of
29 the mobile home and cash value of the appurtenances.
30 c. The homeowner will also be entitled to the
31 following portion of the difference between the book value and
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1 cash value of the appurtenances and the market value of the
2 mobile home. If the homeowner has resided in the mobile home
3 at the time of notice of land use change by the park owner:
4 0 years up to 5 years........................40 percent
5 5 years up to 15 years.......................60 percent
6 15 years up to 20 years.....................80 percent
7 20 years or more............................100 percent
8 d. The homeowner who has become a resident of the park
9 within 0-5 years of the notice of change in land use shall be
10 entitled, in addition to the compensation set forth above, to
11 60 percent of the difference between the book value and the
12 market value of the mobile home.
13 e. Between the date of the appraisals referred to in
14 this subsection and the delivery of title and possession of
15 the mobile home and all appurtenances thereto to the park
16 owner, the mobile home and the appurtenances shall be
17 maintained by the homeowner in the condition existing on the
18 date of the appraisals, ordinary wear and tear excepted; or
19 3. Reach a mutually agreed to settlement between the
20 park owner and the homeowner.
21 (b) Either the mobile home owner or the park owner may
22 apply to the circuit court in the county where the mobile home
23 lot is located for purposes of selecting an appraiser to
24 determine the value of the mobile home and appurtenances or
25 for resolution of any other dispute arising under this
26 subsection.
27 (c) In any dispute in a circuit court regarding the
28 value of the mobile home as appraised pursuant to this
29 subsection, the court shall determine the amount to be
30 deposited into the registry of the court as will fully secure
31 and fully compensate the homeowner as ultimately determined by
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1 the final judgment. The court shall fix the time within which
2 and the terms upon which the homeowner shall be required to
3 surrender possession and title to the park owner. The order of
4 the court shall not become effective unless the deposit of the
5 required sum is made in the registry of the court.
6 (3)(d) The provisions of s. 723.083 shall not be
7 applicable to any park where the provisions of this subsection
8 apply.
9 (4)(3) A mobile home park owner applying for the
10 removal of a mobile home owner or a mobile home, or both,
11 shall file, in the county court in the county where the mobile
12 home lot is situated, a complaint describing the lot and
13 stating the facts that authorize the removal of the mobile
14 home owner and the mobile home. The park owner is entitled to
15 the summary procedure provided in s. 51.011, and the court
16 shall advance the cause on the calendar.
17 (5)(4) Any notice required by this section must be in
18 writing, and must be posted on the premises and sent to the
19 mobile home owner by certified or registered mail, return
20 receipt requested, addressed to the mobile home owner at her
21 or his last known address. Delivery of the mailed notice
22 shall be deemed given 5 days after the date of postmark.
23 Section 6. Section 723.0611, Florida Statutes, is
24 created to read:
25 723.0611 Florida Mobile Home Relocation
26 Corporation.--There is created the Florida Mobile Home
27 Relocation Corporation. The corporation shall be administered
28 by a board of directors made up of six members, three members
29 appointed by the largest nonprofit association representing
30 mobile home owners in this state and three members appointed
31 by the largest nonprofit association representing the
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1 manufactured housing industry in this state. The corporation
2 may borrow from private finance sources in order to meet the
3 demands of the relocation program established in s. 723.0612.
4 Section 7. Section 723.0612, Florida Statutes, is
5 created to read:
6 723.0612 Change in land use; relocation expenses;
7 payments by park owner.--
8 (1) If a mobile home owner is required to move due to
9 a change in use of the park as set forth in 723.061(1)(d) and
10 the mobile home owner complies with the requirements of this
11 section, the mobile home owner is entitled to payment from the
12 Mobile Home Relocation Corporation as follows:
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 the amount of $5,000 for a single-section
16 mobile home, or $10,000 for a multisection home, whichever is
17 less.
18 (b) Moving expenses include the cost of taking down,
19 moving, and setting up the mobile home in a new location.
20 (2) Except as provided in subsection (3), upon the
21 occurrence of a change in use, the park owner shall pay to the
22 corporation $2,000 for each single-section home and $2,500 for
23 each multisection home for which a homeowner has made
24 application for payment of moving expenses.
25 (3) A park owner is not required to make the payment
26 prescribed in subsection (2) nor is the homeowner entitled to
27 compensation under subsection (1) when:
28 (a) The park owner moves a homeowner to another space
29 in the mobile home park or to another mobile home park at the
30 park owner's expense;
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1 (b) A homeowner is vacating the premises and has
2 informed the park owner or manager before the change in use
3 notice has been given; or
4 (c) A homeowner abandons the mobile home as set forth
5 in subsection (8).
6 (4) Except as provided in subsection (8), in order to
7 obtain payment from the corporation, the homeowner shall
8 submit to the Florida Mobile Home Relocation Corporation, with
9 a copy to the mobile home park owner, an application for
10 payment which includes:
11 (a) A copy of the notice of eviction due to change in
12 land use; and
13 (b) A contract with a moving or towing contractor for
14 the moving expenses for the mobile home.
15 (5) The corporation must approve payment within 15
16 days after receipt of the information set forth in subsection
17 (4) or payment is deemed approved. A copy of the approval must
18 be forwarded to the mobile home park owner with an invoice for
19 payment under subsection (2). Upon approval, the corporation
20 shall issue a voucher in the amount of the contract price for
21 relocating the mobile home. The moving contractor may redeem
22 the voucher from the corporation following completion of the
23 relocation and upon approval of the relocation by the
24 homeowner.
25 (6) Actions by the corporation under this section are
26 not subject to the provisions of chapter 120, but are
27 reviewable only by writ or certiorari in the circuit court in
28 the county in which the claimant resides in the manner and
29 within the time provided by the Florida Rules of Appellate
30 Procedure.
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1 (7) This section does not apply to any proceeding in
2 eminent domain under chapter 73 or chapter 74.
3 (8) In lieu of collecting payment from the corporation
4 as set forth in subsection (1), a mobile home owner may
5 abandon the mobile home in the mobile home park and collect an
6 amount equal to one-fourth of the maximum allowable moving
7 expenses from the corporation as long as the homeowner
8 delivers to the park owner the current title to the mobile
9 home duly endorsed by the owner of record and valid releases
10 of all liens shown on the title. If a homeowner chooses this
11 option, the park owner shall make payment to the corporation
12 in an amount equal to one-fourth of the maximum allowable
13 moving expenses.
14 (9) The corporation is not liable to any person for
15 recovery if it does not have available the money necessary to
16 pay the amounts claimed. If the corporation does not have
17 sufficient funds to pay the claimant, it shall keep a record
18 of the time and date of its determination for payment to a
19 claimant. If money becomes available, the corporation shall
20 pay the claimant whose unpaid claim is the earliest by time
21 and date of determination.
22 (10) It is unlawful for any person or his or her agent
23 to file any notice, statement, or other document required
24 under this section which is false or contains any material
25 misstatement of fact. Any person who violates this subsection
26 commits a misdemeanor of the second degree, punishable as
27 provided in s. 775.082 or s. 775.083.
28 Section 8. This act shall take effect July 1, 2001.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB 442
3
4 Deletes an annual $1 surcharge levied on mobile home park
owners for each mobile home offered for lease within a Mobile
5 Home Park;
6 Changes the method of payment of relocation expenses to
displaced mobile home park tenants from receiving payment from
7 the Mobile Home Relocation Trust Fund to receiving payment
from the Florida Mobile Home Relocation Corporation; and
8
Provides for the creation of the Florida Mobile Home
9 Relocation Corporation.
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ADDITIONAL SPONSORS
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Geller, Sebesta, Miller, Mitchell, Constantine, Bronson,
15 Crist, Dawson, King and Sanderson
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