HB 0565

1
A bill to be entitled
2An act relating to mobile homes; amending s. 723.037,
3F.S.; providing intent, requirements, and restrictions
4regarding information exchanged in meetings between park
5owners and homeowners' committees and at mediation;
6providing exceptions; amending s. 723.0611, F.S.;
7designating the Florida Mobile Home Relocation Corporation
8as an agency of the state and certain other persons as
9officers, employees, or agents of the state for
10application of sovereign immunity provisions; providing
11rulemaking authority to administer provisions involving
12the corporation; amending s. 723.0612, F.S.; providing
13that mobile home owners are not eligible for compensation
14in certain circumstances involving change in use of the
15land comprising the mobile home park; providing
16entitlement to attorney's fees and costs in certain
17enforcement actions; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsections (4) and (5) of section 723.037,
22Florida Statutes, are amended to read:
23     723.037  Lot rental increases; reduction in services or
24utilities; change in rules and regulations; mediation.--
25     (4)(a)  A committee, not to exceed five in number,
26designated by a majority of the affected mobile home owners or
27by the board of directors of the homeowners' association, if
28applicable, and the park owner shall meet, at a mutually
29convenient time and place within 30 days after receipt by the
30homeowners of the notice of change, to discuss the reasons for
31the increase in lot rental amount, reduction in services or
32utilities, or change in rules and regulations.
33     (b)1.  At the meeting, the park owner or subdivision
34developer shall in good faith disclose and explain all material
35factors resulting in the decision to increase the lot rental
36amount, reduce services or utilities, or change rules and
37regulations, including how those factors justify the specific
38change proposed. The park owner or subdivision developer may not
39limit the discussion of the reasons for the change to
40generalities only, such as, but not limited to, increases in
41operational costs, changes in economic conditions, or rents
42charged by comparable mobile home parks. For example, if the
43reason for an increase in lot rental amount is an increase in
44operational costs, the park owner must disclose the item or
45items which have increased, the amount of the increase, any
46similar item or items which have decreased, and the amount of
47the decrease. If an increase is based upon the lot rental amount
48charged by comparable mobile home parks, the park owner shall
49disclose, and provide in writing to the committee at or before
50the meeting, the name, address, lot rental amount, and any other
51relevant factors relied upon by the park owner, such as
52facilities, services, and amenities, concerning the comparable
53mobile home parks. The information concerning comparable mobile
54home parks to be exchanged by the parties is to encourage a
55dialogue concerning the reasons used by the park owner for the
56increase in lot rental amount and to encourage the home owners
57to evaluate and discuss the reasons for those changes with the
58park owner. The park owner shall prepare a written summary of
59the material factors and retain a copy for 3 years. The park
60owner shall provide the committee a copy of the summary at or
61before the meeting.
62     2.  The park owner shall not limit the comparable mobile
63home park disclosure to those mobile home parks that are owned
64or operated by the same owner or operator as the subject park,
65except in certain circumstances, which include, but are not
66limited to:
67     a.  That the market area for comparable mobile home parks
68includes mobile home parks owned or operated by the same entity
69that have similar facilities, services, and amenities;
70     b.  That the subject mobile home park has unique attributes
71that are shared with similar mobile home parks;
72     c.  That the mobile home park is located in a geographic or
73market area that contains few comparable mobile home parks; or
74     d.  That there are similar considerations or factors that
75would be considered in such a market analysis by a competent
76professional and would be considered in determining the
77valuation of the market rent.
78     (c)  If the committee disagrees with a park owner's lot
79rental amount increase based upon comparable mobile home parks,
80the committee shall disclose to the park owner the name,
81address, lot rental amount, and any other relevant factors
82relied upon by the committee, such as facilities, services, and
83amenities, concerning the comparable mobile home parks. The
84committee shall provide to the park owner the disclosure, in
85writing, within 15 days after the meeting with the park owner,
86together with a request for a second meeting. The park owner
87shall meet with the committee at a mutually convenient time and
88place within 30 days after receipt by the park owner of the
89request from the committee to discuss the disclosure provided by
90the committee. At the second meeting, the park owner may take
91into account the information on comparable parks provided by the
92committee, may supplement the information provided to the
93committee at the first meeting, and may modify his or her
94position, but the park owner may not change the information
95provided to the committee at the first meeting.
96     (d)  The committee and the park owner may mutually agree,
97in writing, to extend or continue any meetings required by this
98section.
99     (e)  Either party may prepare and use additional
100information to support its position during or subsequent to the
101meetings required by this section.
102
103This subsection is not intended to be enforced by civil or
104administrative action. Rather, the meetings and discussions are
105intended to be in the nature of settlement discussions prior to
106the parties proceeding to mediation of any dispute.
107     (5)(a)  Within 30 days after the date of the last scheduled
108meeting described in subsection (4), the homeowners may petition
109the division to initiate mediation of the dispute pursuant to s.
110723.038 if a majority of the affected homeowners have
111designated, in writing, that:
112     1.  The rental increase is unreasonable;
113     2.  The rental increase has made the lot rental amount
114unreasonable;
115     3.  The decrease in services or utilities is not
116accompanied by a corresponding decrease in rent or is otherwise
117unreasonable; or
118     4.  The change in the rules and regulations is
119unreasonable.
120     (b)  A park owner, within the same time period, may also
121petition the division to initiate mediation of the dispute.
122     (c)  When a dispute involves a rental increase for
123different home owners and there are different rates or different
124rental terms for those home owners, all such rent increases in a
125calendar year for one mobile home park may be considered in one
126mediation proceeding.
127     (d)  At mediation, the park owner and the homeowners
128committee may supplement the information provided to each other
129at the meetings described in subsection (4) and may modify their
130position, but they may not change the information provided to
131each other at the first and second meetings.
132
133The purpose of this subsection is to encourage discussion and
134evaluation by the parties of the comparable mobile home parks in
135the competitive market area. The requirements of this subsection
136are not intended to be enforced by civil or administrative
137action. Rather, the meetings and discussions are intended to be
138in the nature of settlement discussions prior to the parties
139proceeding to litigation of any dispute.
140     Section 2.  Paragraph (c) of subsection (2) and paragraph
141(a) of subsection (3) of section 723.0611, Florida Statutes, are
142amended to read:
143     723.0611  Florida Mobile Home Relocation Corporation.--
144     (2)
145     (c)  The corporation shall, for purposes of s. 768.28, be
146considered an agency of the state. Agents or employees of the
147corporation, members of the board of directors of the
148corporation, or representatives of the Division of Florida Land
149Sales, Condominiums, and Mobile Homes shall be considered
150officers, employees, or agents of the state, and actions against
151them and the corporation shall be governed by s. 768.28. There
152shall be no liability on the part of, and no cause of action of
153any nature shall arise against, agents or employees of the
154corporation, members of the board of directors of the
155corporation, or representatives of the Division of Florida Land
156Sales, Condominiums, and Mobile Homes for any act or omission of
157the board of directors in the performance of their powers and
158duties under this section, unless such act or omission by such
159person is in intentional disregard of the rights of the
160claimant.
161     (3)  The board of directors shall:
162     (a)  Adopt a plan of operation and articles, bylaws, and
163operating rules pursuant to the provisions of chapter 120 to
164administer the provisions of this section and ss. 723.06115,
165723.06116, and 723.0612.
166     Section 3.  Subsection (7) of section 723.0612, Florida
167Statutes, is amended, and section (11) is added to said section,
168to read:
169     723.0612  Change in use; relocation expenses; payments by
170park owner.--
171     (7)  In lieu of collecting payment from the Florida Mobile
172Home Relocation Corporation as set forth in subsection (1), a
173mobile home owner may abandon the mobile home in the mobile home
174park and collect $1,375 for a single section and $2,750 for a
175multisection from the corporation as long as the mobile home
176owner delivers to the park owner the current title to the mobile
177home duly endorsed by the owner of record and valid releases of
178all liens shown on the title. If a mobile home owner chooses
179this option, the park owner shall make payment to the
180corporation in an amount equal to the amount the mobile home
181owner is entitled to under this subsection. The mobile home
182owner's application for funds under this subsection shall
183require the submission of a document signed by the park owner
184stating that the home has been abandoned under this subsection
185and that the park owner agrees to make payment to the
186corporation in the amount provided to the home owner under this
187subsection. However, in the event that the required documents
188are not submitted with the application, the corporation may
189consider the facts and circumstances surrounding the abandonment
190of the home to determine whether the mobile home owner is
191entitled to payment pursuant to this subsection. The mobile home
192owner is not entitled to any compensation under this subsection
193if there is a pending eviction action for nonpayment of lot
194rental amount pursuant to s. 723.061(1)(a) which was filed
195against him or her prior to the mailing date of the notice of
196change in the use of the mobile home park given pursuant to s.
197723.061(1)(d).
198     (11)  In an action to enforce the provisions of this
199section and ss. 723.0611, 723.06115, and 723.06116, the
200prevailing party is entitled to reasonable attorney's fees and
201costs.
202     Section 4.  This act shall take effect July 1, 2005.


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