HB 0565CS

CHAMBER ACTION




1The Business Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to mobile homes; amending s. 723.037,
7F.S.; providing intent, requirements, and restrictions
8regarding information exchanged in meetings between park
9owners and homeowners' committees and at mediation;
10providing exceptions; amending s. 723.0611, F.S.;
11designating the Florida Mobile Home Relocation Corporation
12as an agency of the state and certain other persons as
13officers, employees, or agents of the state for
14application of sovereign immunity provisions; providing
15rulemaking authority to administer provisions involving
16the corporation; amending s. 723.0612, F.S.; providing
17that mobile home owners are not eligible for compensation
18in certain circumstances involving change in use of the
19land comprising the mobile home park; providing
20entitlement to attorney's fees and costs in certain
21enforcement actions; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsections (4) and (5) of section 723.037,
26Florida Statutes, are amended to read:
27     723.037  Lot rental increases; reduction in services or
28utilities; change in rules and regulations; mediation.--
29     (4)(a)  A committee, not to exceed five in number,
30designated by a majority of the affected mobile home owners or
31by the board of directors of the homeowners' association, if
32applicable, and the park owner shall meet, at a mutually
33convenient time and place within 30 days after receipt by the
34homeowners of the notice of change, to discuss the reasons for
35the increase in lot rental amount, reduction in services or
36utilities, or change in rules and regulations.
37     (b)1.  At the meeting, the park owner or subdivision
38developer shall in good faith disclose and explain all material
39factors resulting in the decision to increase the lot rental
40amount, reduce services or utilities, or change rules and
41regulations, including how those factors justify the specific
42change proposed. The park owner or subdivision developer may not
43limit the discussion of the reasons for the change to
44generalities only, such as, but not limited to, increases in
45operational costs, changes in economic conditions, or rents
46charged by comparable mobile home parks. For example, if the
47reason for an increase in lot rental amount is an increase in
48operational costs, the park owner must disclose the item or
49items which have increased, the amount of the increase, any
50similar item or items which have decreased, and the amount of
51the decrease. If an increase is based upon the lot rental amount
52charged by comparable mobile home parks, the park owner shall
53disclose, and provide in writing to the committee at or before
54the meeting, the name, address, lot rental amount, and any other
55relevant factors relied upon by the park owner, such as
56facilities, services, and amenities, concerning the comparable
57mobile home parks. The information concerning comparable mobile
58home parks to be exchanged by the parties is to encourage a
59dialogue concerning the reasons used by the park owner for the
60increase in lot rental amount and to encourage the home owners
61to evaluate and discuss the reasons for those changes with the
62park owner. The park owner shall prepare a written summary of
63the material factors and retain a copy for 3 years. The park
64owner shall provide the committee a copy of the summary at or
65before the meeting.
66     2.  The park owner shall not limit the comparable mobile
67home park disclosure to those mobile home parks that are owned
68or operated by the same owner or operator as the subject park,
69except in certain circumstances, which include, but are not
70limited to:
71     a.  That the market area for comparable mobile home parks
72includes mobile home parks owned or operated by the same entity
73that have similar facilities, services, and amenities;
74     b.  That the subject mobile home park has unique attributes
75that are shared with similar mobile home parks;
76     c.  That the mobile home park is located in a geographic or
77market area that contains few comparable mobile home parks; or
78     d.  That there are similar considerations or factors that
79would be considered in such a market analysis by a competent
80professional and would be considered in determining the
81valuation of the market rent.
82     (c)  If the committee disagrees with a park owner's lot
83rental amount increase based upon comparable mobile home parks,
84the committee shall disclose to the park owner the name,
85address, lot rental amount, and any other relevant factors
86relied upon by the committee, such as facilities, services, and
87amenities, concerning the comparable mobile home parks. The
88committee shall provide to the park owner the disclosure, in
89writing, within 15 days after the meeting with the park owner,
90together with a request for a second meeting. The park owner
91shall meet with the committee at a mutually convenient time and
92place within 30 days after receipt by the park owner of the
93request from the committee to discuss the disclosure provided by
94the committee. At the second meeting, the park owner may take
95into account the information on comparable parks provided by the
96committee, may supplement the information provided to the
97committee at the first meeting, and may modify his or her
98position, but the park owner may not change the information
99provided to the committee at the first meeting.
100     (d)  The committee and the park owner may mutually agree,
101in writing, to extend or continue any meetings required by this
102section.
103     (e)  Either party may prepare and use additional
104information to support its position during or subsequent to the
105meetings required by this section.
106
107This subsection is not intended to be enforced by civil or
108administrative action. Rather, the meetings and discussions are
109intended to be in the nature of settlement discussions prior to
110the parties proceeding to mediation of any dispute.
111     (5)(a)  Within 30 days after the date of the last scheduled
112meeting described in subsection (4), the homeowners may petition
113the division to initiate mediation of the dispute pursuant to s.
114723.038 if a majority of the affected homeowners have
115designated, in writing, that:
116     1.  The rental increase is unreasonable;
117     2.  The rental increase has made the lot rental amount
118unreasonable;
119     3.  The decrease in services or utilities is not
120accompanied by a corresponding decrease in rent or is otherwise
121unreasonable; or
122     4.  The change in the rules and regulations is
123unreasonable.
124     (b)  A park owner, within the same time period, may also
125petition the division to initiate mediation of the dispute.
126     (c)  When a dispute involves a rental increase for
127different home owners and there are different rates or different
128rental terms for those home owners, all such rent increases in a
129calendar year for one mobile home park may be considered in one
130mediation proceeding.
131     (d)  At mediation, the park owner and the homeowners
132committee may supplement the information provided to each other
133at the meetings described in subsection (4) and may modify their
134position, but they may not change the information provided to
135each other at the first and second meetings.
136
137The purpose of this subsection is to encourage discussion and
138evaluation by the parties of the comparable mobile home parks in
139the competitive market area. The requirements of this subsection
140are not intended to be enforced by civil or administrative
141action. Rather, the meetings and discussions are intended to be
142in the nature of settlement discussions prior to the parties
143proceeding 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
146amended to read:
147     723.0611  Florida Mobile Home Relocation Corporation.--
148     (2)
149     (c)  The corporation shall, for purposes of s. 768.28, be
150considered an agency of the state. Agents or employees of the
151corporation, members of the board of directors of the
152corporation, or representatives of the Division of Florida Land
153Sales, Condominiums, and Mobile Homes shall be considered
154officers, employees, or agents of the state, and actions against
155them and the corporation shall be governed by s. 768.28. There
156shall be no liability on the part of, and no cause of action of
157any nature shall arise against, agents or employees of the
158corporation, members of the board of directors of the
159corporation, or representatives of the Division of Florida Land
160Sales, Condominiums, and Mobile Homes for any act or omission of
161the board of directors in the performance of their powers and
162duties under this section, unless such act or omission by such
163person is in intentional disregard of the rights of the
164claimant.
165     (3)  The board of directors shall:
166     (a)  Adopt a plan of operation and articles, bylaws, and
167operating rules pursuant to the provisions of ss. 120.536 and
168120.54 to administer the provisions of this section and ss.
169723.06115, 723.06116, and 723.0612.
170     Section 3.  Subsection (7) of section 723.0612, Florida
171Statutes, is amended, and section (11) is added to said section,
172to read:
173     723.0612  Change in use; relocation expenses; payments by
174park owner.--
175     (7)  In lieu of collecting payment from the Florida Mobile
176Home Relocation Corporation as set forth in subsection (1), a
177mobile home owner may abandon the mobile home in the mobile home
178park and collect $1,375 for a single section and $2,750 for a
179multisection from the corporation as long as the mobile home
180owner delivers to the park owner the current title to the mobile
181home duly endorsed by the owner of record and valid releases of
182all liens shown on the title. If a mobile home owner chooses
183this option, the park owner shall make payment to the
184corporation in an amount equal to the amount the mobile home
185owner is entitled to under this subsection. The mobile home
186owner's application for funds under this subsection shall
187require the submission of a document signed by the park owner
188stating that the home has been abandoned under this subsection
189and that the park owner agrees to make payment to the
190corporation in the amount provided to the home owner under this
191subsection. However, in the event that the required documents
192are not submitted with the application, the corporation may
193consider the facts and circumstances surrounding the abandonment
194of the home to determine whether the mobile home owner is
195entitled to payment pursuant to this subsection. The mobile home
196owner is not entitled to any compensation under this subsection
197if there is a pending eviction action for nonpayment of lot
198rental amount pursuant to s. 723.061(1)(a) which was filed
199against him or her prior to the mailing date of the notice of
200change in the use of the mobile home park given pursuant to s.
201723.061(1)(d).
202     (11)  In an action to enforce the provisions of this
203section and ss. 723.0611, 723.06115, and 723.06116, the
204prevailing party is entitled to reasonable attorney's fees and
205costs.
206     Section 4.  This act shall take effect upon becoming a law.


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