HB 0743

1
A bill to be entitled
2An act relating to the sale of mobile home parks; amending
3s. 723.071, F.S.; providing that a homeowners' association
4purchasing a mobile home park may execute a contract for
5only the park that it represents; authorizing a time
6extension for home owners when a park owner changes the
7terms and conditions of the offer to purchase the park;
8revising requirements with respect to unsolicited offers;
9defining the term "offer" for such purposes; providing a
10limitation on an exception relating to transfers by
11partnerships; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraphs (b) and (c) of subsection (1),
16subsections (2) and (3), and paragraph (d) of subsection (4) of
17section 723.071, Florida Statutes, are amended to read:
18     723.071  Sale of mobile home parks.--
19     (1)
20     (b)  The mobile home owners, by and through the association
21defined in s. 723.075, shall have the right to purchase the
22park, provided the home owners meet the price and terms and
23conditions of the mobile home park owner by executing a contract
24with the park owner within 45 days, unless agreed to otherwise,
25from the date of mailing of the notice and provided they have
26complied with ss. 723.075-723.079. To exercise its right to
27purchase the park, the homeowners' association shall be required
28to execute a contract for only the mobile home park that the
29homeowners' association represents. If a contract between the
30park owner and the association is not executed within such 45-
31day period, then, unless the park owner thereafter elects to
32offer the park at a price lower than the price specified in her
33or his notice to the officers of the homeowners' association or
34to change the terms and conditions of the offer, the park owner
35has no further obligations under this subsection, and her or his
36only obligation shall be as set forth in subsection (2).
37     (c)  If the park owner thereafter elects to offer the park
38at a price lower than the price specified in her or his notice
39to the home owners or to change the terms and conditions of the
40offer, the home owners, by and through the association, will
41have an additional 10 days to meet the price and terms and
42conditions of the park owner by executing a contract.
43     (2)  If a mobile home park owner receives a bona fide offer
44to purchase the park that she or he intends to consider or make
45a counteroffer to, the mobile home park owner must first comply
46with subsection (1) park owner's only obligation shall be to
47notify the officers of the homeowners' association that she or
48he has received an offer and disclose the price and material
49terms and conditions upon which she or he would consider selling
50the park and consider any offer made by the home owners,
51provided the home owners have complied with ss. 723.075-723.079.
52The park owner shall be under no obligation to sell to the home
53owners or to interrupt or delay other negotiations and shall be
54free at any time to execute a contract for the sale of the park
55to a party or parties other than the home owners or the
56association.
57     (3)(a)  As used in subsection subsections (1) and (2), the
58term "notify" means the placing of a notice in the United States
59mail addressed to the officers of the homeowners' association.
60Each such notice shall be deemed to have been given upon the
61deposit of the notice in the United States mail.
62     (b)  As used in subsection (1), the term "offer" means any
63solicitation by the park owner to the general public.
64     (c)  As used in subsection (2), the term "offer" means any
65unsolicited offer to purchase the mobile home park.
66     (4)  This section does not apply to:
67     (d)  Any transfer by a partnership to any of its partners.
68However, this exception may not be used to avoid sale to the
69homeowners' association.
70     Section 2.  This act shall take effect July 1, 2005.


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