Senate Bill sb1944e1

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  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. 723.041, F.S.;

17         providing for the placement of any size used or

18         new mobile home on a mobile home lot under

19         certain circumstances; amending s. 723.061,

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

21         the eviction of a mobile home tenant or a

22         mobile home occupant; amending s. 723.0611,

23         F.S.; providing that persons who receive

24         compensation from the Florida Mobile Home

25         Relocation Corporation shall not have a claim

26         or cause of action against the corporation or

27         the park owner under certain circumstances;

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

29         with respect to the Florida Mobile Home

30         Relocation Trust Fund; providing reference to

31         the deposit of certain surcharges into the


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

 2         increasing certain fees; providing an

 3         additional situation in which a mobile home

 4         park owner is not required to make certain

 5         payments and is not entitled to certain

 6         compensation from the Florida Mobile Home

 7         Relocation Corporation; amending s. 723.0612,

 8         F.S.; revising language with respect to

 9         compensation from the Florida Mobile Home

10         Relocation Corporation; providing an

11         appropriation; providing an effective date.

12  

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

14  

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

16  Statutes, is amended to read:

17         48.183  Service of process in action for possession of

18  premises.--

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

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

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

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

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

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

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

26  conspicuous place on the property described in the complaint

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

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

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

30  otherwise provided on defendants in civil cases.

31  


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 1         Section 2.  Section 320.08015, Florida Statutes, is

 2  created to read:

 3         320.08015  License tax surcharge.--

 4         (1)  Except as provided in subsection (2), there is

 5  levied on each license tax imposed under s. 320.08(11) a

 6  surcharge in the amount of $1, which shall be collected in the

 7  same manner as the license tax and shall be deposited in the

 8  Florida Mobile Home Relocation Trust Fund, as created in s.

 9  723.06115. This surcharge may not be imposed during the next

10  registration and renewal period if the balance in the Florida

11  Mobile Home Relocation Trust Fund exceeds $10 million on June

12  30. The surcharge shall be reinstated in the next registration

13  and renewal period if the balance in the Florida Mobile Home

14  Relocation Trust Fund is below $6 million on June 30.

15         (2)  Any mobile home that is not located in a mobile

16  home park regulated under chapter 723 is exempt from the

17  surcharge.

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

19  320.081, Florida Statutes, are amended to read:

20         320.081  Collection and distribution of annual license

21  tax imposed on the following type units.--

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

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

24  the several counties of the state shall collect the license

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

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

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

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

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

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

31  the license taxes collected from the tax collectors of the


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 1  several counties, the department shall pay into the State

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

 3  $1.50 on each such sticker issued, and shall pay into the

 4  State Treasury for deposit in the Florida Mobile Home

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

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

 7  fund in the State Treasury designated "License Tax Collection

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

 9  respective counties and cities wherein such units governed by

10  the provisions of this section are located, regardless of

11  where the license taxes are collected, in the manner

12  hereinafter provided.

13         (5)  The department shall keep records showing the

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

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

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

17  from month to month certify to the Chief Financial Officer

18  Comptroller the amount derived from license taxes in each

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

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

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

22  counties and cities within the counties wherein the unit or

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

24  board and the remainder either to the board of county

25  commissioners, for units which are located within the

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

27  county, for units which are located within its corporate

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

29  Financial Officer Comptroller upon the treasury, which amount

30  is hereby appropriated monthly out of the License Tax

31  Collection Trust Fund.


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

 2  Statutes, is amended to read:

 3         715.101  Application of ss. 715.10-715.111.--

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

 5  which part I or part II of chapter 83 are applicable, and to

 6  tenancies after a writ of possession has been issued pursuant

 7  to s. 723.062.

 8         Section 5.  Section 723.007, Florida Statutes, is

 9  amended to read:

10         723.007  Annual fees; surcharge.--

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

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

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

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

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

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

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

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

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

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

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

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

23  subsection (1) a surcharge in the amount of $1. The surcharge

24  shall be collected in the same manner as the annual fee and

25  shall be deposited in the Florida Mobile Home Relocation Trust

26  Fund. Collection of the surcharge shall begin during the first

27  calendar year after this subsection takes effect. This

28  surcharge may not be imposed during the next calendar year if

29  the balance in the trust fund exceeds $10 million on June 30.

30  The surcharge shall be reinstated in the next calendar year if

31  the balance in the trust fund is below $6 million on June 30.


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 1  The surcharge imposed by this subsection may not be imposed as

 2  a separate charge regardless of any disclosure in the

 3  prospectus.

 4         Section 6.  Section 723.041, Florida Statutes, is

 5  amended to read:

 6         723.041  Entrance fees; refunds; exit fees prohibited;

 7  replacement homes.--

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

 9  shall be specifically set forth in the prospectus or offering

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

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

12  concluded.

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

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

15  assessments shall prevent the park owner or operator from

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

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

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

19  eviction in any court of law.

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

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

22  fees authorized in this subsection will be split between such

23  mobile home park owner or developer and any mobile home

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

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

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

27  provided in s. 775.082 or s. 775.083.

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

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

30  to condition such initial rental agreement upon the

31  prospective resident's purchasing the mobile home from a


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

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

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

 4  owner of a developing park and the dealer.

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

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

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

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

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

10  follows:

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

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

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

14  within the park.

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

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

17  

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

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

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

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

22  violation of a properly promulgated park rule or regulation or

23  leaves before the expiration date of his or her rental

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

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

26  entrance fee.

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

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

29  residency.

30  

31  


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

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

 3  offered for sale by a resident of the park.

 4         (4)  Except as expressly preempted by the requirements

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

 6  mobile home owner or the park owner shall be authorized

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

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

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

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

11  mobile home park.

12         Section 7.  Subsections (1), (4), and (5) of section

13  723.061, Florida Statutes, are amended to read:

14         723.061  Eviction; grounds, proceedings.--

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

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

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

18  this section.

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

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

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

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

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

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

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

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

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

28  of eviction, provided such nonpayment has not occurred more

29  than twice.

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

31  law or local ordinance, which violation may be deemed


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

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

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

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

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

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

 7  occupant of a home.

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

 9  agreement, or this chapter.

10         1.  For the first violation of any properly promulgated

11  rule or regulation, rental agreement provision, or this

12  chapter which is found by any court having jurisdiction

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

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

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

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

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

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

19  premises.

20         2.  For a second violation of the same properly

21  promulgated rule or regulation, rental agreement provision, or

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

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

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

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

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

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

28  7 days to correct the noncompliance. The mobile home owner,

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

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

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


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 1  second violation of a properly promulgated rule or regulation,

 2  rental agreement provision, or this chapter within 12 months

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

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

 5  violation has been cured after the second violation. Violation

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

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

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

 9  this chapter does not constitute a ground for eviction under

10  this section.

11  

12  No properly promulgated rule or regulation may be  arbitrarily

13  applied and used as a ground for eviction.

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

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

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

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

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

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

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

21  giving notice of a change in use.

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

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

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

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

26  properly promulgated rule. If a purchaser or prospective

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

28  occupies the mobile home before approval is granted, the

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

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

31  is delivered to vacate the premises.


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

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

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

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

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

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

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

 8  51.011, and the court shall advance the cause on the calendar.

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

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

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

12  certified or registered mail, return receipt requested,

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

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

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

16  postmark.

17         Section 8.  Paragraph (e) is added to subsection (2) of

18  section 723.0611, Florida Statutes, to read:

19         723.0611  Florida Mobile Home Relocation Corporation.--

20         (2)

21         (e)  Any person who receives compensation from the

22  corporation or the park owner pursuant to ss.

23  723.061-723.0612 shall not have a cause of action against the

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

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

26  owner in ss. 723.061-723.0612.

27         Section 9.  Subsection (1) of section 723.06115,

28  Florida Statutes, is amended to read:

29         723.06115  Florida Mobile Home Relocation Trust Fund.--

30         (1)  There is established within the Department of

31  Business and Professional Regulation the Florida Mobile Home


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

 2  purpose of funding the administration and operations of the

 3  Florida Mobile Home Relocation Corporation. All interest

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

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

 6  shall be funded from the moneys collected by the department

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

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

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

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

11  appropriated funds.

12         Section 10.  Subsection (1) of section 723.06116,

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

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

15         723.06116  Payments to the Florida Mobile Home

16  Relocation Corporation.--

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

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

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

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

21  Relocation Corporation for deposit in the Florida Mobile Home

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

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

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

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

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

27  the corporation within 30 days after receipt from the

28  corporation of the invoice for payment.

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

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

31  


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

 2  when:

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

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

 5  723.061(1)(a) which was filed against him or her prior to the

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

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

 8         Section 11.  Section 723.0612, Florida Statutes, is

 9  amended to read:

10         723.0612  Change in use; relocation expenses; payments

11  by park owner.--

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

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

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

15  requirements of this section, the mobile home owner is

16  entitled to payment from the Florida Mobile Home Relocation

17  Corporation of:

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

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

20  the vacated park, or

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

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

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

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

25  location.

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

27  compensation under subsection (1) when:

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

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

30  home park at the park owner's expense;

31  


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

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

 3  change in use has been given; or

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

 5  set forth in subsection (7); or

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

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

 8  723.061(1)(a) which was filed against him or her prior to the

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

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

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

12  obtain payment from the Florida Mobile Home Relocation

13  Corporation, the mobile home owner shall submit to the

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

15  payment which includes:

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

17  use; and

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

19  the moving expenses for the mobile home.

20         (4)  The Florida Mobile Home Relocation Corporation

21  must approve payment within 45 days after receipt of the

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

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

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

25  corporation shall issue a voucher in the amount of the

26  contract price for relocating the mobile home. The moving

27  contractor may redeem the voucher from the corporation

28  following completion of the relocation and upon approval of

29  the relocation by the mobile home owner.

30         (5)  Actions of the Florida Mobile Home Relocation

31  Corporation under this section are not subject to the


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

 2  certiorari in the circuit court in the county in which the

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

 4  the Florida Rules of Appellate Procedure.

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

 6  eminent domain under chapter 73 or chapter 74.

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

 8  Mobile Home Relocation Corporation as set forth in subsection

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

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

11  $2,750 for a multi-section an amount equal to one-fourth of

12  the maximum allowable moving expenses from the corporation as

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

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

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

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

17  make payment to the corporation in an amount equal to

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

19  mobile home owner's application for funds under this

20  subsection shall require the submission of a document signed

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

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

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

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

25  required documents are not submitted with the application, the

26  corporation may consider the facts and circumstances

27  surrounding the abandonment of the home to determine whether

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

29  section.

30         (8)  The Florida Mobile Home Relocation Corporation

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


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

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

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

 4  become available, the corporation shall pay the claimant whose

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

 6         (9)  Any person whose application for funding pursuant

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

 8  the corporation shall be barred from asserting any claim or

 9  cause of action under this chapter directly relating to or

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

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

12  successors in interest.  No application for funding pursuant

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

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

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

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

17  park owner's successors in interest under this chapter

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

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

20  dismissed with prejudice.

21         (10)(9)  It is unlawful for any person or his or her

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

23  required under this section which is false or contains any

24  material misstatement of fact. Any person who violates this

25  subsection commits a misdemeanor of the second degree,

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

27         Section 12.  For the 2003-2004 fiscal year, the sum of

28  $500,000 is appropriated from the Florida Mobile Home

29  Relocation Trust Fund to the Florida Mobile Home Relocation

30  Corporation.

31  


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    CS for CS for SB 1944                          First Engrossed



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