1 | The Business Regulation Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to mobile homes; amending s. 723.037, |
7 | F.S.; providing intent, requirements, and restrictions |
8 | regarding information exchanged in meetings between park |
9 | owners and homeowners' committees and at mediation; |
10 | providing exceptions; amending s. 723.0611, F.S.; |
11 | designating the Florida Mobile Home Relocation Corporation |
12 | as an agency of the state and certain other persons as |
13 | officers, employees, or agents of the state for |
14 | application of sovereign immunity provisions; providing |
15 | rulemaking authority to administer provisions involving |
16 | the corporation; amending s. 723.0612, F.S.; providing |
17 | that mobile home owners are not eligible for compensation |
18 | in certain circumstances involving change in use of the |
19 | land comprising the mobile home park; providing |
20 | entitlement to attorney's fees and costs in certain |
21 | enforcement actions; providing an effective date. |
22 |
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23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
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25 | Section 1. Subsections (4) and (5) of section 723.037, |
26 | Florida Statutes, are amended to read: |
27 | 723.037 Lot rental increases; reduction in services or |
28 | utilities; change in rules and regulations; mediation.-- |
29 | (4)(a) A committee, not to exceed five in number, |
30 | designated by a majority of the affected mobile home owners or |
31 | by the board of directors of the homeowners' association, if |
32 | applicable, and the park owner shall meet, at a mutually |
33 | convenient time and place within 30 days after receipt by the |
34 | homeowners of the notice of change, to discuss the reasons for |
35 | the increase in lot rental amount, reduction in services or |
36 | utilities, or change in rules and regulations. |
37 | (b)1. At the meeting, the park owner or subdivision |
38 | developer shall in good faith disclose and explain all material |
39 | factors resulting in the decision to increase the lot rental |
40 | amount, reduce services or utilities, or change rules and |
41 | regulations, including how those factors justify the specific |
42 | change proposed. The park owner or subdivision developer may not |
43 | limit the discussion of the reasons for the change to |
44 | generalities only, such as, but not limited to, increases in |
45 | operational costs, changes in economic conditions, or rents |
46 | charged by comparable mobile home parks. For example, if the |
47 | reason for an increase in lot rental amount is an increase in |
48 | operational costs, the park owner must disclose the item or |
49 | items which have increased, the amount of the increase, any |
50 | similar item or items which have decreased, and the amount of |
51 | the decrease. If an increase is based upon the lot rental amount |
52 | charged by comparable mobile home parks, the park owner shall |
53 | disclose, and provide in writing to the committee at or before |
54 | the meeting, the name, address, lot rental amount, and any other |
55 | relevant factors relied upon by the park owner, such as |
56 | facilities, services, and amenities, concerning the comparable |
57 | mobile home parks. The information concerning comparable mobile |
58 | home parks to be exchanged by the parties is to encourage a |
59 | dialogue concerning the reasons used by the park owner for the |
60 | increase in lot rental amount and to encourage the home owners |
61 | to evaluate and discuss the reasons for those changes with the |
62 | park owner. The park owner shall prepare a written summary of |
63 | the material factors and retain a copy for 3 years. The park |
64 | owner shall provide the committee a copy of the summary at or |
65 | before the meeting. |
66 | 2. The park owner shall not limit the comparable mobile |
67 | home park disclosure to those mobile home parks that are owned |
68 | or operated by the same owner or operator as the subject park, |
69 | except in certain circumstances, which include, but are not |
70 | limited to: |
71 | a. That the market area for comparable mobile home parks |
72 | includes mobile home parks owned or operated by the same entity |
73 | that have similar facilities, services, and amenities; |
74 | b. That the subject mobile home park has unique attributes |
75 | that are shared with similar mobile home parks; |
76 | c. That the mobile home park is located in a geographic or |
77 | market area that contains few comparable mobile home parks; or |
78 | d. That there are similar considerations or factors that |
79 | would be considered in such a market analysis by a competent |
80 | professional and would be considered in determining the |
81 | valuation of the market rent. |
82 | (c) If the committee disagrees with a park owner's lot |
83 | rental amount increase based upon comparable mobile home parks, |
84 | the committee shall disclose to the park owner the name, |
85 | address, lot rental amount, and any other relevant factors |
86 | relied upon by the committee, such as facilities, services, and |
87 | amenities, concerning the comparable mobile home parks. The |
88 | committee shall provide to the park owner the disclosure, in |
89 | writing, within 15 days after the meeting with the park owner, |
90 | together with a request for a second meeting. The park owner |
91 | shall meet with the committee at a mutually convenient time and |
92 | place within 30 days after receipt by the park owner of the |
93 | request from the committee to discuss the disclosure provided by |
94 | the committee. At the second meeting, the park owner may take |
95 | into account the information on comparable parks provided by the |
96 | committee, may supplement the information provided to the |
97 | committee at the first meeting, and may modify his or her |
98 | position, but the park owner may not change the information |
99 | provided to the committee at the first meeting. |
100 | (d) The committee and the park owner may mutually agree, |
101 | in writing, to extend or continue any meetings required by this |
102 | section. |
103 | (e) Either party may prepare and use additional |
104 | information to support its position during or subsequent to the |
105 | meetings required by this section. |
106 |
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107 | This subsection is not intended to be enforced by civil or |
108 | administrative action. Rather, the meetings and discussions are |
109 | intended to be in the nature of settlement discussions prior to |
110 | the parties proceeding to mediation of any dispute. |
111 | (5)(a) Within 30 days after the date of the last scheduled |
112 | meeting described in subsection (4), the homeowners may petition |
113 | the division to initiate mediation of the dispute pursuant to s. |
114 | 723.038 if a majority of the affected homeowners have |
115 | designated, in writing, that: |
116 | 1. The rental increase is unreasonable; |
117 | 2. The rental increase has made the lot rental amount |
118 | unreasonable; |
119 | 3. The decrease in services or utilities is not |
120 | accompanied by a corresponding decrease in rent or is otherwise |
121 | unreasonable; or |
122 | 4. The change in the rules and regulations is |
123 | unreasonable. |
124 | (b) A park owner, within the same time period, may also |
125 | petition the division to initiate mediation of the dispute. |
126 | (c) When a dispute involves a rental increase for |
127 | different home owners and there are different rates or different |
128 | rental terms for those home owners, all such rent increases in a |
129 | calendar year for one mobile home park may be considered in one |
130 | mediation proceeding. |
131 | (d) At mediation, the park owner and the homeowners |
132 | committee may supplement the information provided to each other |
133 | at the meetings described in subsection (4) and may modify their |
134 | position, but they may not change the information provided to |
135 | each other at the first and second meetings. |
136 |
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137 | The purpose of this subsection is to encourage discussion and |
138 | evaluation by the parties of the comparable mobile home parks in |
139 | the competitive market area. The requirements of this subsection |
140 | are not intended to be enforced by civil or administrative |
141 | action. Rather, the meetings and discussions are intended to be |
142 | in the nature of settlement discussions prior to the parties |
143 | proceeding to litigation of any dispute. |
144 | Section 2. Paragraph (c) of subsection (2) and paragraph |
145 | (a) of subsection (3) of section 723.0611, Florida Statutes, are |
146 | amended to read: |
147 | 723.0611 Florida Mobile Home Relocation Corporation.-- |
148 | (2) |
149 | (c) The corporation shall, for purposes of s. 768.28, be |
150 | considered an agency of the state. Agents or employees of the |
151 | corporation, members of the board of directors of the |
152 | corporation, or representatives of the Division of Florida Land |
153 | Sales, Condominiums, and Mobile Homes shall be considered |
154 | officers, employees, or agents of the state, and actions against |
155 | them and the corporation shall be governed by s. 768.28. There |
156 | shall be no liability on the part of, and no cause of action of |
157 | any nature shall arise against, agents or employees of the |
158 | corporation, members of the board of directors of the |
159 | corporation, or representatives of the Division of Florida Land |
160 | Sales, Condominiums, and Mobile Homes for any act or omission of |
161 | the board of directors in the performance of their powers and |
162 | duties under this section, unless such act or omission by such |
163 | person is in intentional disregard of the rights of the |
164 | claimant. |
165 | (3) The board of directors shall: |
166 | (a) Adopt a plan of operation and articles, bylaws, and |
167 | operating rules pursuant to the provisions of ss. 120.536 and |
168 | 120.54 to administer the provisions of this section and ss. |
169 | 723.06115, 723.06116, and 723.0612. |
170 | Section 3. Subsection (7) of section 723.0612, Florida |
171 | Statutes, is amended, and section (11) is added to said section, |
172 | to read: |
173 | 723.0612 Change in use; relocation expenses; payments by |
174 | park owner.-- |
175 | (7) In lieu of collecting payment from the Florida Mobile |
176 | Home Relocation Corporation as set forth in subsection (1), a |
177 | mobile home owner may abandon the mobile home in the mobile home |
178 | park and collect $1,375 for a single section and $2,750 for a |
179 | multisection from the corporation as long as the mobile home |
180 | owner delivers to the park owner the current title to the mobile |
181 | home duly endorsed by the owner of record and valid releases of |
182 | all liens shown on the title. If a mobile home owner chooses |
183 | this option, the park owner shall make payment to the |
184 | corporation in an amount equal to the amount the mobile home |
185 | owner is entitled to under this subsection. The mobile home |
186 | owner's application for funds under this subsection shall |
187 | require the submission of a document signed by the park owner |
188 | stating that the home has been abandoned under this subsection |
189 | and that the park owner agrees to make payment to the |
190 | corporation in the amount provided to the home owner under this |
191 | subsection. However, in the event that the required documents |
192 | are not submitted with the application, the corporation may |
193 | consider the facts and circumstances surrounding the abandonment |
194 | of the home to determine whether the mobile home owner is |
195 | entitled to payment pursuant to this subsection. The mobile home |
196 | owner is not entitled to any compensation under this subsection |
197 | if there is a pending eviction action for nonpayment of lot |
198 | rental amount pursuant to s. 723.061(1)(a) which was filed |
199 | against him or her prior to the mailing date of the notice of |
200 | change in the use of the mobile home park given pursuant to s. |
201 | 723.061(1)(d). |
202 | (11) In an action to enforce the provisions of this |
203 | section and ss. 723.0611, 723.06115, and 723.06116, the |
204 | prevailing party is entitled to reasonable attorney's fees and |
205 | costs. |
206 | Section 4. This act shall take effect upon becoming a law. |