Senate Bill sb1944c1

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    Florida Senate - 2003                           CS for SB 1944

    By the Committee on Finance and Taxation; and Senator Dockery





    314-2449-03

  1                      A bill to be entitled

  2         An act relating to mobile home owners; amending

  3         s. 48.183, F.S.; providing for service of

  4         process in an action for possession of

  5         residential premises; creating s. 320.08015,

  6         F.S.; providing for a license tax surcharge for

  7         deposit in the Florida Mobile Home Relocation

  8         Trust Fund; amending s. 320.081, F.S.;

  9         conforming to the act; amending s. 715.101,

10         F.S.; including a reference to chapter 723,

11         F.S., in the Disposition of Personal Property

12         Landlord and Tenant Act; amending s. 723.007,

13         F.S.; providing a surcharge under the Florida

14         Mobile Home Act on certain mobile home lots for

15         deposit in the Florida Mobile Home Relocation

16         Trust Fund; amending s. 723.023, F.S.;

17         authorizing mobile home park owners to charge a

18         fee for the cost of cleanup or repair of a

19         mobile home or lot under certain circumstances;

20         amending s. 723.037, F.S.; prohibiting the

21         filing of certain actions in circuit court in

22         the event that a request for mediation has not

23         been filed; amending s. 723.041, F.S.;

24         providing for the placement of any size used or

25         new mobile home on a mobile home lot under

26         certain circumstances; amending s. 723.061,

27         F.S.; revising language to include reference to

28         the eviction of a mobile home tenant or a

29         mobile home occupant; amending s. 723.0611,

30         F.S.; providing that persons who receive

31         compensation from the Florida Mobile Home

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 1         Relocation Corporation shall not have a claim

 2         or cause of action against the corporation or

 3         the park owner under certain circumstances;

 4         amending s. 723.06115, F.S.; revising language

 5         with respect to the Florida Mobile Home

 6         Relocation Trust Fund; providing reference to

 7         the deposit of certain surcharges into the

 8         trust fund; amending s. 723.06116, F.S.;

 9         increasing certain fees; providing an

10         additional situation in which a mobile home

11         park owner is not required to make certain

12         payments and is not entitled to certain

13         compensation from the Florida Mobile Home

14         Relocation Corporation; amending s. 723.0612,

15         F.S.; revising language with respect to

16         compensation from the Florida Mobile Home

17         Relocation Corporation; providing an effective

18         date.

19  

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

21  

22         Section 1.  Subsection (1) of section 48.183, Florida

23  Statutes, is amended to read:

24         48.183  Service of process in action for possession of

25  premises.--

26         (1)  In an action for possession of any residential

27  premises, including those under chapters 83, 723, and 513, or

28  nonresidential premises, if the tenant cannot be found in the

29  county or there is no person 15 years of age or older residing

30  at the tenant's usual place of abode in the county after at

31  least two attempts to obtain service as provided above in this

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 1  subsection, summons may be served by attaching a copy to a

 2  conspicuous place on the property described in the complaint

 3  or summons. The minimum time delay between the two attempts to

 4  obtain service shall be 6 hours. Nothing herein shall be

 5  construed as prohibiting service of process on a tenant as is

 6  otherwise provided on defendants in civil cases.

 7         Section 2.  Section 320.08015, Florida Statutes, is

 8  created to read:

 9         320.08015  License tax surcharge.--There is levied on

10  each license tax imposed under s. 320.08(11), a surcharge in

11  the amount of $1, which shall be collected in the same manner

12  as the license tax and shall be deposited in the Florida

13  Mobile Home Relocation Trust Fund as created in s. 723.06115.

14  Collection of the surcharge shall begin during the first year

15  after this section takes effect. This surcharge may not be

16  imposed during the next year if the balance in the Florida

17  Mobile Home Relocation Trust Fund exceeds $10 million. The

18  surcharge shall be reinstated in the next year after the

19  balance in the Florida Mobile Home Relocation Trust Fund drops

20  below $6 million.

21         Section 3.  Subsections (3), (4), and (5) of section

22  320.081, Florida Statutes, are amended to read:

23         320.081  Collection and distribution of annual license

24  tax imposed on the following type units.--

25         (3)  The owner shall make application for such sticker

26  in the manner provided in s. 320.02, and the tax collectors in

27  the several counties of the state shall collect the license

28  taxes imposed by s. 320.08(10) and (11) and the license tax

29  surcharge imposed by s. 320.08015 in the same manner and under

30  the same conditions and requirements as provided in s. 320.03.

31  

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 1         (4)  Each tax collector shall make prompt remittance of

 2  all moneys collected by him or her to the department at such

 3  times and in such manner as provided by law. Upon receipt of

 4  the license taxes collected from the tax collectors of the

 5  several counties, the department shall pay into the State

 6  Treasury for deposit in the General Revenue Fund the sum of

 7  $1.50 on each such sticker issued, and shall pay into the

 8  State Treasury for deposit in the Florida Mobile Home

 9  Relocation Trust Fund $1 on each sticker issued as provided in

10  s. 320.08015. The balance remaining shall be paid into a trust

11  fund in the State Treasury designated "License Tax Collection

12  Trust Fund," and the moneys so deposited shall be paid to the

13  respective counties and cities wherein such units governed by

14  the provisions of this section are located, regardless of

15  where the license taxes are collected, in the manner

16  hereinafter provided.

17         (5)  The department shall keep records showing the

18  total number of stickers issued to each type unit governed by

19  this section, the total amount of license taxes collected, and

20  the county or city wherein each such unit is located and shall

21  from month to month certify to the Chief Financial Officer

22  Comptroller the amount derived from license taxes in each

23  county and each city within the county. Such amount, less the

24  amount of $1.50 collected on each license and the $1 license

25  tax surcharge imposed by s. 320.08015, shall be paid to the

26  counties and cities within the counties wherein the unit or

27  units are located as follows: one-half to the district school

28  board and the remainder either to the board of county

29  commissioners, for units which are located within the

30  unincorporated areas of the county, or to any city within such

31  county, for units which are located within its corporate

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 1  limits. Payment shall be by warrant drawn by the Chief

 2  Financial Officer Comptroller upon the treasury, which amount

 3  is hereby appropriated monthly out of the License Tax

 4  Collection Trust Fund.

 5         Section 4.  Subsection (1) of section 715.101, Florida

 6  Statutes, is amended to read:

 7         715.101  Application of ss. 715.10-715.111.--

 8         (1)  Sections 715.10-715.111 apply to all tenancies to

 9  which chapter 723 or part I or part II of chapter 83 are

10  applicable.

11         Section 5.  Section 723.007, Florida Statutes, is

12  amended to read:

13         723.007  Annual fees; surcharge.--

14         (1)  Each mobile home park owner shall pay to the

15  division, on or before October 1 of each year, an annual fee

16  of $4 for each mobile home lot within a mobile home park which

17  he or she owns. The division may, after December 31, 1993, by

18  rule, increase the amount of the annual fee to an amount not

19  to exceed $5 for each mobile home lot to fund operation of the

20  division. If the fee is not paid by December 31, the mobile

21  home park owner shall be assessed a penalty of 10 percent of

22  the amount due, and he or she shall not have standing to

23  maintain or defend any action in the courts of this state

24  until the amount due, plus any penalty, is paid.

25         (2)  There is levied on each annual fee imposed under

26  subsection (1) a surcharge in the amount of $1 upon each

27  mobile home lot within a mobile home park that is owned by a

28  mobile home park owner. The surcharge shall be collected in

29  the same manner as the annual fee and shall be deposited in

30  the Florida Mobile Home Relocation Trust  Fund. Collection of

31  the surcharge shall begin during the first year after this

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    Florida Senate - 2003                           CS for SB 1944
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 1  subsection takes effect. This surcharge may not be imposed

 2  during the next year if the balance in the trust fund exceeds

 3  $10 million. The surcharge shall be reinstated in the next

 4  year after the balance in the trust fund falls below $6

 5  million. The surcharge imposed by this subsection may not be

 6  imposed as a separate charge regardless of any disclosure in

 7  the prospectus.

 8         Section 6.  Section 723.023, Florida Statutes, is

 9  amended to read:

10         723.023  Mobile home owner's general  obligations.--

11         (1)  A mobile home owner shall at all times:

12         (a)(1)  Comply with all obligations imposed on mobile

13  home owners by applicable provisions of building, housing, and

14  health codes.

15         (b)(2)  Keep the mobile home lot which he or she

16  occupies clean and sanitary.

17         (c)(3)  Comply with properly promulgated park rules and

18  regulations and require other persons on the premises with his

19  or her consent to comply therewith and to conduct themselves

20  in a manner that does not unreasonably disturb other residents

21  of the park or constitute a breach of the peace.

22         (2)  Notwithstanding any other provision of this

23  chapter, a park owner may charge a fee for the cost of cleanup

24  or repair of the exterior of the mobile home, the

25  appurtenances to the mobile home, or any improvements to the

26  mobile home lot, so long as such obligation to maintain the

27  exterior of the mobile home, the appurtenances to the mobile

28  home, or the mobile home lot is an obligation imposed upon the

29  mobile home owners by a promulgated rule or regulation, the

30  rental agreement, or the prospectus, and notice has been

31  mailed to the mobile home owner at least 14 days prior to

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 1  cleanup or repair of the exterior of the mobile home, the

 2  appurtenances to the mobile home, or the mobile home lot.  The

 3  park owner's remedy for the home owner's failure to pay such a

 4  charge shall be by an action in county court in an amount of

 5  money up to the jurisdiction of small claims.

 6         Section 7.  Subsection (6) of section 723.037, Florida

 7  Statutes, is amended to read:

 8         723.037  Lot rental increases; reduction in services or

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

10         (6)  If a party requests mediation and the opposing

11  party refuses to agree to mediate upon proper request, the

12  party refusing to mediate shall not be entitled to attorney's

13  fees in any action relating to a dispute described in this

14  section. In the event that mediation of a dispute concerning

15  any matters addressed in this section was not requested in

16  accordance with this section, neither party shall have the

17  right to file an action in circuit court, as provided in s.

18  723.0381, on such matters.  This section is intended to

19  require the resolution of disputes by mediation and to require

20  that a timely request for mediation be made by any party who

21  is disputing any of the matters addressed in this section.

22         Section 8.  Section 723.041, Florida Statutes, is

23  amended to read:

24         723.041  Entrance fees; refunds; exit fees prohibited;

25  replacement homes.--

26         (1)(a)  Entrance fees on new mobile home placements

27  shall be specifically set forth in the prospectus or offering

28  circular.  Any such fee shall be clearly identified in writing

29  at the time that the rental agreement is signed or otherwise

30  concluded.

31  

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 1         (b)  The failure on the part of a mobile home park

 2  owner or developer to disclose fully all fees, charges, or

 3  assessments shall prevent the park owner or operator from

 4  collecting such fees, charges, or assessments; and a refusal

 5  by the mobile home owner to pay any undisclosed charge shall

 6  not be used by the park owner or developer as a cause for

 7  eviction in any court of law.

 8         (c)  It is unlawful for any mobile home park owner or

 9  developer to make any agreement, written or oral, whereby the

10  fees authorized in this subsection will be split between such

11  mobile home park owner or developer and any mobile home

12  dealer, unless otherwise provided for in this chapter.  Any

13  person who violates any of the provisions of this paragraph is

14  guilty of a misdemeanor of the second degree, punishable as

15  provided in s. 775.082 or s. 775.083.

16         (d)  With respect to the first rental agreement for a

17  mobile home lot in a developing park, the park has the right

18  to condition such initial rental agreement upon the

19  prospective resident's purchasing the mobile home from a

20  dealer chosen by the park developer.  A park developer may

21  also buy down rentals on the initial rental agreement of a

22  mobile home lot, and such buy-downs may be split between the

23  owner of a developing park and the dealer.

24         (e)  Whenever an entrance fee is charged by a mobile

25  home park owner or developer for the entrance of a mobile home

26  into the park and such mobile home is moved from the park

27  before 2 years have passed from the date on which the fee was

28  charged, the fee shall be prorated and a portion returned as

29  follows:

30         1.  The entrance fee shall be refunded at the rate of

31  one twenty-fourth of such fee for each month short of 2 years

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 1  that the mobile home owner maintained his or her mobile home

 2  within the park.

 3         2.  The entrance fee shall be refunded within 15 days

 4  after the mobile home has been physically moved from the park.

 5  

 6  No new entrance fee may be charged for a move within the same

 7  park.  This paragraph does not apply in instances in which the

 8  mobile home owner is evicted on the ground of nonpayment of

 9  rent; violation of a federal, state, or local ordinance; or

10  violation of a properly promulgated park rule or regulation or

11  leaves before the expiration date of his or her rental

12  agreement. However, the sums due to the park by the mobile

13  home owner may be offset against the balance due on the

14  entrance fee.

15         (2)  No person shall be required by a mobile home park

16  owner to pay an exit fee upon termination of his or her

17  residency.

18         (3)  No entrance fee may be charged by the park owner

19  to the purchaser of a mobile home situated in the park that is

20  offered for sale by a resident of the park.

21         (4)  Except as expressly preempted by the requirements

22  of the Department of Highway Safety and Motor Vehicles, a

23  mobile home owner or the park owner shall be authorized

24  pursuant to this section to site any size new or used mobile

25  home and appurtenances on a mobile home lot in accordance with

26  the lot sizes, separation and setback distances, and other

27  requirements in effect at the time of the approval of the

28  mobile home park.

29         Section 9.  Subsections (1), (4), and (5) of section

30  723.061, Florida Statutes, are amended to read:

31         723.061  Eviction; grounds, proceedings.--

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 1         (1)  A mobile home park owner may evict a mobile home

 2  owner, a mobile home tenant, a mobile home occupant, or a

 3  mobile home only on one or more of the grounds provided in

 4  this section.

 5         (a)  Nonpayment of lot rental amount. If a mobile home

 6  owner or tenant, whichever is responsible, fails to pay the

 7  lot rental amount when due and if the default continues for 5

 8  days after delivery of a written demand by the mobile home

 9  park owner for payment of the lot rental amount, the park

10  owner may terminate the tenancy. However, if the mobile home

11  owner or tenant, whichever is responsible, pays the lot rental

12  amount due, including any late charges, court costs, and

13  attorney's fees, the court may, for good cause, deny the order

14  of eviction, provided such nonpayment has not occurred more

15  than twice.

16         (b)  Conviction of a violation of a federal or state

17  law or local ordinance, which violation may be deemed

18  detrimental to the health, safety, or welfare of other

19  residents of the mobile home park. The mobile home owner or

20  mobile home tenant will have 7 days from the date that notice

21  to vacate is delivered to vacate the premises.  This paragraph

22  shall be grounds to deny an initial tenancy of a purchaser of

23  a home pursuant to s. 723.061(1)(e) or to evict an unapproved

24  occupant of a home.

25         (c)  Violation of a park rule or regulation, the rental

26  agreement, or this chapter.

27         1.  For the first violation of any properly promulgated

28  rule or regulation, rental agreement provision, or this

29  chapter which is found by any court having jurisdiction

30  thereof to have been an act which endangered the life, health,

31  safety, or property of the park residents or employees or the

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 1  peaceful enjoyment of the mobile home park by its residents,

 2  the mobile home park owner may terminate the rental agreement,

 3  and the mobile home owner, tenant, or occupant will have 7

 4  days from the date that the notice is delivered to vacate the

 5  premises.

 6         2.  For a second violation of the same properly

 7  promulgated rule or regulation, rental agreement provision, or

 8  this chapter within 12 months, the mobile home park owner may

 9  terminate the tenancy if she or he has given the mobile home

10  owner, tenant, or occupant written notice within 30 days of

11  the first violation, which notice specified the actions of the

12  mobile home owner, tenant, or occupant which caused the

13  violation and gave the mobile home owner, tenant, or occupant

14  7 days to correct the noncompliance. The mobile home owner,

15  tenant, or occupant must have received written notice of the

16  ground upon which she or he is to be evicted at least 30 days

17  prior to the date on which she or he is required to vacate. A

18  second violation of a properly promulgated rule or regulation,

19  rental agreement provision, or this chapter within 12 months

20  of the first violation is unequivocally a ground for eviction,

21  and it is not a defense to any eviction proceeding that a

22  violation has been cured after the second violation. Violation

23  of a rule or regulation, rental agreement provision, or this

24  chapter after the passage of 1 year from the first violation

25  of the same rule or regulation, rental agreement provision, or

26  this chapter does not constitute a ground for eviction under

27  this section.

28  

29  No properly promulgated rule or regulation may be  arbitrarily

30  applied and used as a ground for eviction.

31  

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 1         (d)  Change in use of the land comprising the mobile

 2  home park, or the portion thereof from which mobile homes are

 3  to be evicted, from mobile home lot rentals to some other use,

 4  provided all tenants affected are given at least 6 months'

 5  notice of the projected change of use and of their need to

 6  secure other  accommodations. The park owner may not give a

 7  notice of increase in lot rental amount within 90 days before

 8  giving notice of a change in use.

 9         (e)  Failure of the purchaser, prospective tenant, or

10  occupant of a mobile home situated in the mobile home park to

11  be qualified as, and to obtain approval to become, a tenant or

12  occupant of the home, if such approval is required by a

13  properly promulgated rule. If a purchaser or prospective

14  tenant of a mobile home situated in the mobile home park

15  occupies the mobile home before approval is granted, the

16  mobile home owner or mobile home tenant shall have 7 days from

17  the date the notice of the failure to be approved for tenancy

18  is delivered to vacate the premises.

19         (4)  A mobile home park owner applying for the removal

20  of a mobile home owner, tenant, occupant, or a mobile home, or

21  both, shall file, in the county court in the county where the

22  mobile home lot is situated, a complaint describing the lot

23  and stating the facts that authorize the removal of the mobile

24  home owner, tenant, occupant, or and the mobile home. The park

25  owner is entitled to the summary procedure provided in s.

26  51.011, and the court shall advance the cause on the calendar.

27         (5)  Any notice required by this section must be in

28  writing, and must be posted on the premises and sent to the

29  mobile home owner and tenant or occupant, as appropriate, by

30  certified or registered mail, return receipt requested,

31  addressed to the mobile home owner and tenant or occupant, as

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 1  appropriate, at her or his last known address. Delivery of the

 2  mailed notice shall be deemed given 5 days after the date of

 3  postmark.

 4         Section 10.  Paragraph (e) is added to subsection (2)

 5  of section 723.0611, Florida Statutes, to read:

 6         723.0611  Florida Mobile Home Relocation Corporation.--

 7         (2)

 8         (e)  Any person who receives compensation from the

 9  corporation or the park owner pursuant to ss.

10  723.061-723.0612 shall not have a cause of action against the

11  corporation or the park owner for any claim arising under the

12  rights, duties, and obligations of the corporation or park

13  owner in ss. 723.061-723.0612.

14         Section 11.  Subsection (1) of section 723.06115,

15  Florida Statutes, is amended to read:

16         723.06115  Florida Mobile Home Relocation Trust Fund.--

17         (1)  There is established within the Department of

18  Business and Professional Regulation the Florida Mobile Home

19  Relocation Trust Fund, to be used by the department for the

20  purpose of funding the administration and operations of the

21  Florida Mobile Home Relocation Corporation. All interest

22  earned from the investment or deposit of moneys in the trust

23  fund shall be deposited in the trust fund. The trust fund

24  shall be funded from the moneys collected by the department

25  under s. 723.06116 from mobile home park owners who change the

26  use of their mobile home parks; the surcharge collected by the

27  department under s. 723.007(2); the surcharge collected by the

28  Department of Highway Safety and Motor Vehicles; and by other

29  appropriated funds.

30  

31  

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 1         Section 12.  Subsection (1) of section 723.06116,

 2  Florida Statutes, is amended and paragraph (d) is added to

 3  subsection (2) of said section, to read:

 4         723.06116  Payments to the Florida Mobile Home

 5  Relocation Corporation.--

 6         (1)  If a mobile home owner is required to move due to

 7  a change in use of the land comprising a mobile home park as

 8  set forth in s. 723.061(1)(d), the mobile home park owner

 9  shall, upon such change in use, pay to the Florida Mobile Home

10  Relocation Corporation for deposit in the Florida Mobile Home

11  Relocation Trust Fund $2,750 $2,000 for each single-section

12  mobile home and $3,750 $2,500 for each multisection mobile

13  home for which a mobile home owner has made application for

14  payment of moving expenses. The mobile home park shall make

15  the payments required by this section and by s. 723.0612(7) to

16  the corporation within 30 days after receipt from the

17  corporation of the invoice for payment.

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

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

20  home owner entitled to compensation under s. 723.0612(1),

21  when:

22         (d)  The mobile home owner has a pending eviction

23  action for nonpayment of lot rental amount pursuant to s.

24  723.061(1)(a) which was filed against him or her prior to the

25  mailing date of the notice of change in use of the mobile home

26  park given pursuant to s. 723.061(1)(d).

27         Section 13.  Section 723.0612, Florida Statutes, is

28  amended to read:

29         723.0612  Change in use; relocation expenses; payments

30  by park owner.--

31  

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 1         (1)  If a mobile home owner is required to move due to

 2  a change in use of the land comprising the mobile home park as

 3  set forth in s. 723.061(1)(d) and complies with the

 4  requirements of this section, the mobile home owner is

 5  entitled to payment from the Florida Mobile Home Relocation

 6  Corporation of:

 7         (a)  The amount of actual moving expenses of relocating

 8  the mobile home to a new location within a 50-mile radius of

 9  the vacated park, or

10         (b)  The amount of $3,000 $5,000 for a single-section

11  mobile home or $6,000 $10,000 for a multisection mobile home,

12  whichever is less. Moving expenses include the cost of taking

13  down, moving, and setting up the mobile home in a new

14  location.

15         (2)  A mobile home owner shall not be entitled to

16  compensation under subsection (1) when:

17         (a)  The park owner moves a mobile home owner to

18  another space in the mobile home park or to another mobile

19  home park at the park owner's expense;

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

21  has informed the park owner or manager before notice of the

22  change in use has been given; or

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

24  set forth in subsection (7); or

25         (d)  The mobile home owner has a pending eviction

26  action for nonpayment of lot rental amount pursuant to s.

27  723.061(1)(a) which was filed against him or her prior to the

28  mailing date of the notice of change in use of the mobile home

29  park given pursuant to s. 723.061(1)(d).

30         (3)  Except as provided in subsection (7), in order to

31  obtain payment from the Florida Mobile Home Relocation

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 1  Corporation, the mobile home owner shall submit to the

 2  corporation, with a copy to the park owner, an application for

 3  payment which includes:

 4         (a)  A copy of the notice of eviction due to change in

 5  use; and

 6         (b)  A contract with a moving or towing contractor for

 7  the moving expenses for the mobile home.

 8         (4)  The Florida Mobile Home Relocation Corporation

 9  must approve payment within 45 days after receipt of the

10  information set forth in subsection (3), or payment is deemed

11  approved. A copy of the approval must be forwarded to the park

12  owner with an invoice for payment. Upon approval, the

13  corporation shall issue a voucher in the amount of the

14  contract price for relocating the mobile home. The moving

15  contractor may redeem the voucher from the corporation

16  following completion of the relocation and upon approval of

17  the relocation by the mobile home owner.

18         (5)  Actions of the Florida Mobile Home Relocation

19  Corporation under this section are not subject to the

20  provisions of chapter 120 but are reviewable only by writ of

21  certiorari in the circuit court in the county in which the

22  claimant resides in the manner and within the time provided by

23  the Florida Rules of Appellate Procedure.

24         (6)  This section does not apply to any proceeding in

25  eminent domain under chapter 73 or chapter 74.

26         (7)  In lieu of collecting payment from the Florida

27  Mobile Home Relocation Corporation as set forth in subsection

28  (1), a mobile home owner may abandon the mobile home in the

29  mobile home park and collect $1,375 for a single section and

30  $2,750 for a multi-section an amount equal to one-fourth of

31  the maximum allowable moving expenses from the corporation as

                                  16

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    Florida Senate - 2003                           CS for SB 1944
    314-2449-03




 1  long as the mobile home owner delivers to the park owner the

 2  current title to the mobile home duly endorsed by the owner of

 3  record and valid releases of all liens shown on the title. If

 4  a mobile home owner chooses this option, the park owner shall

 5  make payment to the corporation in an amount equal to

 6  one-fourth of the maximum allowable moving expenses. The

 7  mobile home owner's application for funds under this

 8  subsection shall require the submission of a document signed

 9  by the park owner stating that the home has been abandoned

10  under this subsection and that the park owner agrees to make

11  payment to the corporation in the amount provided to the home

12  owner under this section.  However, in the event that the

13  required documents are not submitted with the application, the

14  corporation may consider the facts and circumstances

15  surrounding the abandonment of the home to determine whether

16  the mobile home owner is entitled to payment pursuant to this

17  section.

18         (8)  The Florida Mobile Home Relocation Corporation

19  shall not be liable to any person for recovery if funds are

20  insufficient to pay the amounts claimed. In any such event,

21  the corporation shall keep a record of the time and date of

22  its approval of payment to a claimant. If sufficient funds

23  become available, the corporation shall pay the claimant whose

24  unpaid claim is the earliest by time and date of approval.

25         (9)  Any person whose application for funding pursuant

26  to subsection (1) or subsection (7) is approved for payment by

27  the corporation shall be barred from asserting any claim or

28  cause of action under this chapter directly relating to or

29  arising out of the change in use of the mobile home park

30  against the corporation, the park owner, or the park owner's

31  successors in interest.  No application for funding pursuant

                                  17

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    Florida Senate - 2003                           CS for SB 1944
    314-2449-03




 1  to subsection (1) or subsection (7) shall be approved by the

 2  corporation if the applicant has either filed a claim or cause

 3  of action, is actively pursuing a claim or cause of action, or

 4  has a judgment against the corporation, the park owner, or the

 5  park owner's successors in interest under this chapter

 6  directly relating to or arising out of the change in use of

 7  the mobile home park, unless such claim or cause of action is

 8  dismissed with prejudice.

 9         (10)(9)  It is unlawful for any person or his or her

10  agent to file any notice, statement, or other document

11  required under this section which is false or contains any

12  material misstatement of fact. Any person who violates this

13  subsection commits a misdemeanor of the second degree,

14  punishable as provided in s. 775.082 or s. 775.083.

15         Section 14.  This act shall take effect upon becoming a

16  law.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                             SB 1944

20                                 

21  The committee substitute specifies that a mobile home park
    owner may file an action in county court in an amount of money
22  up to the jurisdiction of small claims, instead of in small
    claims court.
23  
    The committee substitute requires that notice regarding the
24  removal of a mobile home or its occupant shall be served on
    both the owner and the tenant or occupant.
25  
    The committee substitute clarifies that the $1 surcharge per
26  mobile home lot is on lots within a mobile home park that is
    owned by a mobile home owner.
27  

28  

29  

30  

31  

                                  18

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