HB 1065 2003
1	A bill to be entitled
2	An act relating to mobile home owners; amending s. 48.183,
3	F.S.; providing for service of process in an action for
4	possession of residential premises; creating s. 320.08015,
5	F.S.; providing for a license tax surcharge for deposit in
6	the Florida Mobile Home Relocation Trust Fund; amending s.
7	320.081, F.S.; conforming to the act; amending s. 715.101,
8	F.S.; including a reference to chapter 723, F.S., in the
9	Disposition of Personal Property Landlord and Tenant Act;
10	amending s. 723.007, F.S.; providing a surcharge under the
11	Florida Mobile Home Act on certain mobile home lots for
12	deposit in the Florida Mobile Home Relocation Trust Fund;
13	amending s. 723.023, F.S.; authorizing mobile home park
14	owners to charge a fee for the cost of cleanup or repair
15	of a mobile home or lot under certain circumstances;
16	amending s. 723.037, F.S.; prohibiting the filing of
17	certain actions in circuit court in the event that a
18	request for mediation has not been filed; amending s.
19	723.041, F.S.; providing for the placement of any size
20	used or new mobile home on a mobile home lot under certain
21	circumstances; amending s. 723.061, F.S.; revising
22	language to include reference to the eviction of a mobile
23	home tenant or a mobile home occupant; amending s.
24	723.0611, F.S.; providing that persons who receive
25	compensation from the Florida Mobile Home Relocation
26	Corporation shall not have a claim or cause of action
27	against the corporation or the park owner under certain
28	circumstances; amending s. 723.06115, F.S.; revising
29	language with respect to the Florida Mobile Home
30	Relocation Trust Fund; providing reference to the deposit
31	of certain surcharges into the trust fund; amending s.
32	723.06116, F.S.; increasing certain fees; providing an
33	additional situation in which a mobile home park owner is
34	not required to make certain payments and is not entitled
35	to certain compensation from the Florida Mobile Home
36	Relocation Corporation; amending s. 723.0612, F.S.;
37	revising language with respect to compensation from the
38	Florida Mobile Home Relocation Corporation; providing an
39	effective date.
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1. Subsection (1) of section 48.183, Florida
44	Statutes, is amended to read:
45	48.183 Service of process in action for possession of
46	premises.--
47	(1) In an action for possession of anyresidential
48	premises, including those under chapters 83, 723, and 513,or
49	nonresidential premises, if the tenant cannot be found in the
50	county or there is no person 15 years of age or older residing
51	at the tenant's usual place of abode in the county after at
52	least two attempts to obtain service as provided above in this
53	subsection, summons may be served by attaching a copy to a
54	conspicuous place on the property described in the complaint or
55	summons. The minimum time delay between the two attempts to
56	obtain service shall be 6 hours. Nothing herein shall be
57	construed as prohibiting service of process on a tenant as is
58	otherwise provided on defendants in civil cases.
59	Section 2. Section 320.08015, Florida Statutes, is created
60	to read:
61	320.08015 License tax surcharge.--There is levied on each
62	license tax imposed under s. 320.08(11), a surcharge in the
63	amount of $1, which shall be collected in the same manner as the
64	license tax and shall be deposited in the Florida Mobile Home
65	Relocation Trust Fund as created in s. 723.06115. The surcharge
66	shall begin to be collected during the first year after this
67	section takes effect. This surcharge may not be imposed during
68	the next year if the balance in the Florida Mobile Home
69	Relocation Trust Fund exceeds $10 million. The surcharge shall
70	be reinstated in the next year after the balance in the Florida
71	Mobile Home Relocation Trust Fund drops below $6 million.
72	Section 3. Subsections (3), (4), and (5) of section
73	320.081, Florida Statutes, are amended to read:
74	320.081 Collection and distribution of annual license tax
75	imposed on the following type units.--
76	(3) The owner shall make application for such sticker in
77	the manner provided in s. 320.02, and the tax collectors in the
78	several counties of the state shall collect the license taxes
79	imposed by s. 320.08(10) and (11) and the license tax surcharge
80	imposed by s. 320.08015in the same manner and under the same
81	conditions and requirements as provided in s. 320.03.
82	(4) Each tax collector shall make prompt remittance of all
83	moneys collected by him or her to the department at such times
84	and in such manner as provided by law. Upon receipt of the
85	license taxes collected from the tax collectors of the several
86	counties, the department shall pay into the State Treasury for
87	deposit in the General Revenue Fund the sum of $1.50 on each
88	such sticker issued, and shall pay into the State Treasury for
89	deposit in the Florida Mobile Home Relocation Trust Fund $1 on
90	each sticker issued as provided in s. 320.08015. The balance
91	remaining shall be paid into a trust fund in the State Treasury
92	designated "License Tax Collection Trust Fund," and the moneys
93	so deposited shall be paid to the respective counties and cities
94	wherein such units governed by the provisions of this section
95	are located, regardless of where the license taxes are
96	collected, in the manner hereinafter provided.
97	(5) The department shall keep records showing the total
98	number of stickers issued to each type unit governed by this
99	section, the total amount of license taxes collected, and the
100	county or city wherein each such unit is located and shall from
101	month to month certify to the Chief Financial Officer
102	Comptrollerthe amount derived from license taxes in each county
103	and each city within the county. Such amount, less the amount of
104	$1.50 collected on each license and the $1 license tax surcharge
105	imposed by s. 320.08015, shall be paid to the counties and
106	cities within the counties wherein the unit or units are located
107	as follows: one-half to the district school board and the
108	remainder either to the board of county commissioners, for units
109	which are located within the unincorporated areas of the county,
110	or to any city within such county, for units which are located
111	within its corporate limits. Payment shall be by warrant drawn
112	by the Chief Financial OfficerComptrollerupon the treasury,
113	which amount is hereby appropriated monthly out of the License
114	Tax Collection Trust Fund.
115	Section 4. Subsection (1) of section 715.101, Florida
116	Statutes, is amended to read:
117	715.101 Application of ss. 715.10-715.111.--
118	(1) Sections 715.10-715.111 apply to all tenancies to
119	which chapter 723 orpart I or part II of chapter 83 are
120	applicable.
121	Section 5. Section 723.007, Florida Statutes, is amended
122	to read:
123	723.007 Annual fees; surcharge.--
124	(1)Each mobile home park owner shall pay to the division,
125	on or before October 1 of each year, an annual fee of $4 for
126	each mobile home lot within a mobile home park which he or she
127	owns. The division may, after December 31, 1993, by rule,
128	increase the amount of the annual fee to an amount not to exceed
129	$5 for each mobile home lot to fund operation of the division.
130	If the fee is not paid by December 31, the mobile home park
131	owner shall be assessed a penalty of 10 percent of the amount
132	due, and he or she shall not have standing to maintain or defend
133	any action in the courts of this state until the amount due,
134	plus any penalty, is paid.
135	(2) There is levied on each annual fee imposed under
136	subsection (1) a surcharge in the amount of $1 upon each mobile
137	home lot that is offered for lease within a mobile home park
138	owned by a mobile home park owner. The surcharge shall be
139	collected in the same manner as the annual fee and shall be
140	deposited in the Florida Mobile Home Relocation Trust Fund.
141	Collection of the surcharge shall begin during the first year
142	after this subsection takes effect. This surcharge may not be
143	imposed during the next year if the balance in the trust fund
144	exceeds $10 million. The surcharge shall be reinstated in the
145	next year after the balance in the trust fund falls below $6
146	million. The surcharge imposed by this subsection may not be
147	imposed as a separate charge regardless of any disclosure in the
148	prospectus.
149	Section 6. Section 723.023, Florida Statutes, is amended
150	to read:
151	723.023 Mobile home owner's general obligations.--
152	(1)A mobile home owner shall at all times:
153	(a)(1)Comply with all obligations imposed on mobile home
154	owners by applicable provisions of building, housing, and health
155	codes.
156	(b)(2)Keep the mobile home lot which he or she occupies
157	clean and sanitary.
158	(c)(3)Comply with properly promulgated park rules and
159	regulations and require other persons on the premises with his
160	or her consent to comply therewith and to conduct themselves in
161	a manner that does not unreasonably disturb other residents of
162	the park or constitute a breach of the peace.
163	(2) Notwithstanding any other provision of this chapter, a
164	park owner may charge a fee for the cost of cleanup or repair of
165	the exterior of the mobile home, the appurtenances to the mobile
166	home, or any improvements to the mobile home lot, so long as
167	such obligation to maintain the exterior of the mobile home, the
168	appurtenances to the mobile home, or the mobile home lot is an
169	obligation imposed upon the mobile home owners by a promulgated
170	rule or regulation, the rental agreement, or the prospectus, and
171	notice has been mailed to the mobile home owner at least 14 days
172	prior to cleanup or repair of the exterior of the mobile home,
173	the appurtenances to the mobile home, or the mobile home lot.
174	The park owner’s remedy for the home owner’s failure to pay such
175	a charge shall be by an action in small claims court.
176	Section 7. Subsection (6) of section 723.037, Florida
177	Statutes, is amended to read:
178	723.037 Lot rental increases; reduction in services or
179	utilities; change in rules and regulations; mediation.--
180	(6) If a party requests mediation and the opposing party
181	refuses to agree to mediate upon proper request, the party
182	refusing to mediate shall not be entitled to attorney's fees in
183	any action relating to a dispute described in this section. In
184	the event that mediation of a dispute concerning any matters
185	addressed in this section was not requested in accordance with
186	this section, neither party shall have the right to file an
187	action in circuit court, as provided in s. 723.0381, on such
188	matters. This section is intended to require the resolution of
189	disputes by mediation and to require that a timely request for
190	mediation be made by any party who is disputing any of the
191	matters addressed in this section.
192	Section 8. Subsection (4) is added to section 723.041,
193	Florida Statutes, to read:
194	723.041 Entrance fees; refunds; exit fees prohibited;
195	replacement homes.--
196	(4) Except as expressly preempted by the requirements of
197	the Department of Highway Safety and Motor Vehicles, a mobile
198	home owner or the park owner shall be authorized pursuant to
199	this section to site any size new or used mobile home and
200	appurtenances on a mobile home lot in accordance with the lot
201	sizes, separation and setback distances, and other requirements
202	in effect at the time of the approval of the mobile home park.
203	Section 9. Subsections (1), (4), and (5) of section
204	723.061, Florida Statutes, are amended to read:
205	723.061 Eviction; grounds, proceedings.--
206	(1) A mobile home park owner may evict a mobile home
207	owner, a mobile home tenant, a mobile home occupant,or a mobile
208	home only on one or more of the grounds provided in this
209	section.
210	(a) Nonpayment of lot rental amount. If a mobile home
211	owner or tenant, whoever is responsiblefails to pay the lot
212	rental amount when due and if the default continues for 5 days
213	after delivery of a written demand by the mobile home park owner
214	for payment of the lot rental amount, the park owner may
215	terminate the tenancy. However, if the mobile home owner or
216	tenant, whoever is responsiblepays the lot rental amount due,
217	including any late charges, court costs, and attorney's fees,
218	the court may, for good cause, deny the order of eviction,
219	provided such nonpayment has not occurred more than twice.
220	(b) Conviction of a violation of a federal or state law or
221	local ordinance, which violation may be deemed detrimental to the
222	health, safety, or welfare of other residents of the mobile home
223	park. The mobile home owner or mobile home tenant will have 7 days
224	from the date that notice to vacate is delivered to vacate the
225	premises. This paragraph shall be grounds to deny an initial
226	tenancy of a purchaser of a home pursuant to s. 723.061(1)(e) or to
227	evict an unapproved occupant of a home.
228	(c) Violation of a park rule or regulation, the rental
229	agreement, or this chapter.
230	1. For the first violation of any properly promulgated
231	rule or regulation, rental agreement provision, or this chapter
232	which is found by any court having jurisdiction thereof to have
233	been an act which endangered the life, health, safety, or
234	property of the park residents or employeesor the peaceful
235	enjoyment of the mobile home park by its residents, the mobile
236	home park owner may terminate the rental agreement, and the
237	mobile home owner or tenantwill have 7 days from the date that
238	the notice is delivered to vacate the premises.
239	2. For a second violation of the same properly promulgated
240	rule or regulation, rental agreement provision, or this chapter
241	within 12 months, the mobile home park owner may terminate the
242	tenancy if she or he has given the mobile home owner or tenant
243	written notice within 30 days of the first violation, which
244	notice specified the actions of the mobile home owner or tenant
245	which caused the violation and gave the mobile home owner or
246	tenant7 days to correct the noncompliance. The mobile home
247	owner or tenantmust have received written notice of the ground
248	upon which she or he is to be evicted at least 30 days prior to
249	the date on which she or he is required to vacate. A second
250	violation of a properly promulgated rule or regulation, rental
251	agreement provision, or this chapter within 12 months of the
252	first violation is unequivocally a ground for eviction, and it
253	is not a defense to any eviction proceeding that a violation has
254	been cured after the second violation. Violation of a rule or
255	regulation, rental agreement provision, or this chapter after
256	the passage of 1 year from the first violation of the same rule
257	or regulation, rental agreement provision, or this chapter does
258	not constitute a ground for eviction under this section.
259
260	No properly promulgated rule or regulation may be arbitrarily
261	applied and used as a ground for eviction.
262	(d) Change in use of the land comprising the mobile home
263	park, or the portion thereof from which mobile homes are to be
264	evicted, from mobile home lot rentals to some other use,
265	provided all tenants affected are given at least 6 months'
266	notice of the projected change of use and of their need to
267	secure other accommodations. The park owner may not give a
268	notice of increase in lot rental amount within 90 days before
269	giving notice of a change in use.
270	(e) Failure of the purchaser, prospective tenant, or
271	occupantof a mobile home situated in the mobile home park to be
272	qualified as, and to obtain approval to become, a tenant or
273	occupant of the home, if such approval is required by a properly
274	promulgated rule. If a purchaser or prospective tenant of a
275	mobile home situated in the mobile home park occupies the mobile
276	home before approval is granted, the mobile home owner or mobile
277	home tenant shall have 7 days from the date the notice of the
278	failure to be approved for tenancy is delivered to vacate the
279	premises.
280	(4) A mobile home park owner applying for the removal of a
281	mobile home owner, tenant, occupant, or a mobile home, or both,
282	shall file, in the county court in the county where the mobile
283	home lot is situated, a complaint describing the lot and stating
284	the facts that authorize the removal of the mobile home owner,
285	tenant, occupant, orand the mobile home. The park owner is
286	entitled to the summary procedure provided in s. 51.011, and the
287	court shall advance the cause on the calendar.
288	(5) Any notice required by this section must be in
289	writing, and must be posted on the premises and sent to the
290	mobile home owner, tenant, or occupant, as appropriate,by
291	certified or registered mail, return receipt requested,
292	addressed to the mobile home owner, tenant, or occupant, as
293	appropriate,at her or his last known address. Delivery of the
294	mailed notice shall be deemed given 5 days after the date of
295	postmark.
296	Section 10. Paragraph (e) is added to subsection (2) of
297	section 723.0611, Florida Statutes, to read:
298	723.0611 Florida Mobile Home Relocation Corporation.--
299	(2)
300	(e) Any person who receives compensation from the corporation
301	or the park owner pursuant to ss. 723.061-723.0612 shall not have a
302	cause of action against the corporation or the park owner for any
303	claim arising under the rights, duties, and obligations of the
304	corporation or park owner in ss. 723.061-723.0612.
305	Section 11. Subsection (1) of section 723.06115, Florida
306	Statutes, is amended to read:
307	723.06115 Florida Mobile Home Relocation Trust Fund.--
308	(1) There is established within the Department of Business
309	and Professional Regulation the Florida Mobile Home Relocation
310	Trust Fund, to be used by the department for the purpose of
311	funding the administration and operations of the Florida Mobile
312	Home Relocation Corporation. All interest earned from the
313	investment or deposit of moneys in the trust fund shall be
314	deposited in the trust fund. The trust fund shall be funded from
315	the moneys collected by the department under s. 723.06116 from
316	mobile home park owners who change the use of their mobile home
317	parks; the surcharge collected by the department under s.
318	723.007(2); the surcharge collected by the Department of Highway
319	Safety and Motor Vehicles;and by other appropriated funds.
320	Section 12. Subsection (1) of section 723.06116, Florida
321	Statutes, is amended and paragraph (d) is added to subsection
322	(2) of said section, to read:
323	723.06116 Payments to the Florida Mobile Home Relocation
324	Corporation.--
325	(1) If a mobile home owner is required to move due to
326	a change in use of the land comprising a mobile home park as set
327	forth in s. 723.061(1)(d), the mobile home park owner shall,
328	upon such change in use, pay to the Florida Mobile Home
329	Relocation Corporation for deposit in the Florida Mobile Home
330	Relocation Trust Fund $2,750$2,000for each single-section
331	mobile home and $3,750$2,500for each multisection mobile home
332	for which a mobile home owner has made application for payment
333	of moving expenses. The mobile home park shall make the payments
334	required by this section and by s. 723.0612(7) to the
335	corporation within 30 days after receipt from the corporation of
336	the invoice for payment.
337	(2) A mobile home park owner is not required to make the
338	payment prescribed in subsection (1), nor is the mobile home
339	owner entitled to compensation under s. 723.0612(1), when:
340	(d) The mobile home owner has a pending eviction action for
341	nonpayment of lot rental amount pursuant to s. 723.061(1)(a) which
342	was filed against him or her prior to the mailing date of the
343	notice of change in use of the mobile home park given pursuant to
344	s. 723.061(1)(d).
345	Section 13. Section 723.0612, Florida Statutes, is amended
346	to read:
347	723.0612 Change in use; relocation expenses; payments by
348	park owner.--
349	(1) If a mobile home owner is required to move due to a
350	change in use of the land comprising the mobile home park as set
351	forth in s. 723.061(1)(d) and complies with the requirements of
352	this section, the mobile home owner is entitled to payment from
353	the Florida Mobile Home Relocation Corporation of:
354	(a) The amount of actual moving expenses of relocating the
355	mobile home to a new location within a 50-mile radius of the
356	vacated park, or
357	(b) The amount of $3,000$5,000for a single-section
358	mobile home or $6,000$10,000for a multisection mobile home,
359	whichever is less. Moving expenses include the cost of taking
360	down, moving, and setting up the mobile home in a new location.
361	(2) A mobile home owner shall not be entitled to
362	compensation under subsection (1) when:
363	(a) The park owner moves a mobile home owner to another
364	space in the mobile home park or to another mobile home park at
365	the park owner's expense;
366	(b) A mobile home owner is vacating the premises and has
367	informed the park owner or manager before notice of the change
368	in use has been given; or
369	(c) A mobile home owner abandons the mobile home as set
370	forth in subsection (7); or
371	(d) The mobile home owner has a pending eviction action
372	for nonpayment of lot rental amount pursuant to s. 723.061(1)(a)
373	which was filed against him or her prior to the mailing date of
374	the notice of change in use of the mobile home park given
375	pursuant to s. 723.061(1)(d).
376	(3) Except as provided in subsection (7), in order to
377	obtain payment from the Florida Mobile Home Relocation
378	Corporation, the mobile home owner shall submit to the
379	corporation, with a copy to the park owner, an application for
380	payment which includes:
381	(a) A copy of the notice of eviction due to change in use;
382	and
383	(b) A contract with a moving or towing contractor for the
384	moving expenses for the mobile home.
385	(4) The Florida Mobile Home Relocation Corporation must
386	approve payment within 45 days after receipt of the information
387	set forth in subsection (3), or payment is deemed approved. A
388	copy of the approval must be forwarded to the park owner with an
389	invoice for payment. Upon approval, the corporation shall issue
390	a voucher in the amount of the contract price for relocating the
391	mobile home. The moving contractor may redeem the voucher from
392	the corporation following completion of the relocation and upon
393	approval of the relocation by the mobile home owner.
394	(5) Actions of the Florida Mobile Home Relocation
395	Corporation under this section are not subject to the provisions
396	of chapter 120 but are reviewable only by writ of certiorari in
397	the circuit court in the county in which the claimant resides in
398	the manner and within the time provided by the Florida Rules of
399	Appellate Procedure.
400	(6) This section does not apply to any proceeding in
401	eminent domain under chapter 73 or chapter 74.
402	(7) In lieu of collecting payment from the Florida Mobile
403	Home Relocation Corporation as set forth in subsection (1), a
404	mobile home owner may abandon the mobile home in the mobile home
405	park and collect $1,375 for a single section and $2,750 for a
406	multi-sectionan amount equal to one-fourth of the maximum
407	allowable moving expensesfrom the corporation as long as the
408	mobile home owner delivers to the park owner the current title
409	to the mobile home duly endorsed by the owner of record and
410	valid releases of all liens shown on the title. If a mobile home
411	owner chooses this option, the park owner shall make payment to
412	the corporation in an amount equal to one-fourth of the maximum
413	allowable moving expenses. The mobile home owner’s application
414	for funds under this subsection shall require the submission of
415	a document signed by the park owner stating that the home has
416	been abandoned under this subsection and that the park owner
417	agrees to make payment to the corporation in the amount provided
418	to the home owner under this section. However, in the event
419	that the required documents are not submitted with the
420	application, the corporation may consider the facts and
421	circumstances surrounding the abandonment of the home to
422	determine whether the mobile home owner is entitled to payment
423	pursuant to this section.
424	(8) The Florida Mobile Home Relocation Corporation shall
425	not be liable to any person for recovery if funds are
426	insufficient to pay the amounts claimed. In any such event, the
427	corporation shall keep a record of the time and date of its
428	approval of payment to a claimant. If sufficient funds become
429	available, the corporation shall pay the claimant whose unpaid
430	claim is the earliest by time and date of approval.
431	(9) Any person whose application for funding pursuant to
432	subsection (1) or subsection (7) is approved for payment by the
433	corporation shall be barred from asserting any claim or cause of
434	action under this chapter directly relating to or arising out of
435	the change in use of the mobile home park against the
436	corporation, the park owner, or the park owner’s successors in
437	interest. No application for funding pursuant to subsection (1)
438	or subsection (7) shall be approved by the corporation if the
439	applicant has either filed a claim or cause of action, is
440	actively pursuing a claim or cause of action, or has a judgment
441	against the corporation, the park owner, or the park owner’s
442	successors in interest under this chapter directly relating to
443	or arising out of the change in use of the mobile home park,
444	unless such claim or cause of action is dismissed with
445	prejudice.
446	(10)(9)It is unlawful for any person or his or her agent
447	to file any notice, statement, or other document required under
448	this section which is false or contains any material
449	misstatement of fact. Any person who violates this subsection
450	commits a misdemeanor of the second degree, punishable as
451	provided in s. 775.082 or s. 775.083.
452	Section 14. This act shall take effect upon becoming a
453	law.