Senate Bill sb1626

    Florida Senate - 2002                                  SB 1626

    By Senator Posey





    15-523-02

  1                      A bill to be entitled

  2         An act relating to mobile home parks; amending

  3         s. 723.037, F.S.; requiring a meeting regarding

  4         lot rent increases; amending s. 723.06116,

  5         F.S.; prescribing conditions under which a

  6         mobile home park owner is not required to make

  7         payments to the Florida Mobile Home Relocation

  8         Trust Fund; providing an effective date.

  9

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

11

12         Section 1.  Subsection (4) of section 723.037, Florida

13  Statutes, is amended to read:

14         723.037  Lot rental increases; reduction in services or

15  utilities; change in rules and regulations; mediation.--

16         (4)(a)  A committee, not to exceed five in number,

17  designated by a majority of the affected mobile home owners or

18  by the board of directors of the homeowners' association, if

19  applicable, and the park owner shall meet, at a mutually

20  convenient time and place within 30 days after receipt by the

21  homeowners of the notice of change, to discuss the reasons for

22  the increase in lot rental amount, reduction in services or

23  utilities, or change in rules and regulations.

24         (b)  At the meeting, the park owner or subdivision

25  developer shall in good faith disclose and explain all

26  material factors resulting in the decision to increase the lot

27  rental amount, reduce services or utilities, or change rules

28  and regulations, including how those factors justify the

29  specific change proposed. The park owner or subdivision

30  developer may not limit the discussion of the reasons for the

31  change to generalities only, such as, but not limited to,

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






    Florida Senate - 2002                                  SB 1626
    15-523-02




  1  increases in operational costs, changes in economic

  2  conditions, or rents charged by comparable mobile home parks.

  3  For example, if the reason for an increase in lot rental

  4  amount is an increase in operational costs, the park owner

  5  must disclose the item or items which have increased, the

  6  amount of the increase, any similar item or items which have

  7  decreased, and the amount of the decrease. If an increase is

  8  based upon the lot rental amount charged by comparable mobile

  9  home parks, the park owner shall disclose, and provide in

10  writing to the committee at or before the meeting, the name,

11  address, lot rental amount, and any other relevant factors

12  relied upon by the park owner, such as facilities, services,

13  and amenities, concerning the comparable mobile home parks.

14  The park owner shall prepare a written summary of the material

15  factors and retain a copy for 3 years. The park owner shall

16  provide the committee a copy of the summary at or before the

17  meeting.

18         (c)  If the committee disagrees with a park owner's lot

19  rental amount increase based upon comparable mobile home

20  parks, the committee shall disclose to the park owner the

21  name, address, lot rental amount, and any other relevant

22  factors relied upon by the committee, such as facilities,

23  services, and amenities, concerning the comparable mobile home

24  parks.  The committee shall provide to the park owner the

25  disclosure, in writing, within 15 days after the meeting with

26  the park owner, together with a request for a second meeting.

27  The park owner and the committee shall meet to discuss the

28  disclosure within 30 days after the owner receives the

29  committee's request.

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    Florida Senate - 2002                                  SB 1626
    15-523-02




  1         (d)  The committee and the park owner may mutually

  2  agree, in writing, to extend or continue any meetings required

  3  by this section.

  4         (e)  Either party may prepare and use additional

  5  information to support its position during or subsequent to

  6  the meetings required by this section.

  7         Section 2.  Subsection (2) of section 723.06116,

  8  Florida Statutes, is amended to read:

  9         723.06116  Payments to the Florida Mobile Home

10  Relocation Trust Fund.--

11         (2)  A mobile home park owner is not required to make

12  the payment prescribed in subsection (1), nor is the mobile

13  home owner entitled to compensation under s. 723.0612, when:

14         (a)  The mobile home park owner moves a mobile home

15  owner to another space in the mobile home park or to another

16  mobile home park at the park owner's expense;

17         (b)  A mobile home owner is vacating the premises and

18  has informed the mobile home park owner or manager before the

19  change in use notice has been given; or

20         (c)  A mobile home owner abandons the mobile home as

21  set forth in s. 723.0612(7) and the park owner has made the

22  payment to the corporation required by that subsection s.

23  723.0612(8).

24         Section 3.  This act shall take effect July 1, 2002.

25

26            *****************************************

27                          SENATE SUMMARY

28    Amends provisions relating to mobile home parks. Requires
      a meeting between a home owners committee and the park
29    owner to discuss rental increase disputes. Specifies the
      conditions under which a mobile home park owner is not
30    required to make payments to the Florida Mobile Home
      Relocation Trust Fund.
31

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