HB 0835CS

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 affordable housing; creating s.
7163.31772, F.S.; providing legislative findings and intent
8relating to changes in land use affecting mobile home
9parks; providing definitions; providing requirements for
10local governments and community redevelopment agencies
11regarding specified funding sources to provide financial
12assistance to certain mobile home owners; providing
13requirements for mobile home owners to qualify for
14financial assistance; requiring local governments to
15permit and approve rezoning of property for the
16development of new mobile home parks; providing that a
17local government or redevelopment agency may enter into a
18development agreement with the owner of a mobile home park
19to encourage its continued use for affordable housing;
20limiting the length of certain development agreements;
21amending s. 420.5088, F.S.; providing down payment
22assistance under the Florida Homeownership Assistance
23Program to certain persons employed as K-12 classroom
24teachers in the schools in this state; requiring the
25Florida Housing Finance Corporation to develop eligibility
26criteria; providing conditions for counties under which
27funds may be distributed; providing for a lien to be
28placed on a recipient's property if the recipient does not
29fulfill a specified commitment; encouraging counties to
30develop annual county housing plans that emphasize the
31recruitment and retention of certain classroom teachers;
32requiring the corporation to encourage and review county
33housing plans; amending s. 723.061, F.S.; providing notice
34requirements to certain mobile home lot tenants regarding
35entitlement to compensation from the Florida Mobile Home
36Relocation Trust Fund; amending s. 723.06116, F.S.;
37providing for late fees if a mobile home park owner does
38not make payments to the Florida Mobile Home Relocation
39Corporation within the required time period; amending s.
40723.0612, F.S.; prohibiting approval of certain
41applications for funding submitted by persons who have
42settled certain claims or causes of action; providing
43certain time periods within which an application for
44funding for relocation expenses must be submitted to the
45corporation; amending s. 723.071, F.S.; providing
46legislative findings relating to the sale of mobile home
47parks; amending s. 723.072, F.S., relating to an affidavit
48of compliance by an owner of a mobile home park;
49conforming cross-references; amending s. 723.083, F.S.;
50requiring an agency of municipal, local, county, or state
51government to provide a report that substantiates the
52existence of adequate mobile home parks before approving
53the removal or relocation of a park; requiring a written
54estimate of fiscal costs and benefits; requiring certain
55reports to be made available to the public within a
56specified time period; providing an appropriation;
57providing effective dates.
58
59Be It Enacted by the Legislature of the State of Florida:
60
61     Section 1.  Section 163.31772, Florida Statutes, is created
62to read:
63     163.31772  Mobile home parks; change in use of land;
64legislative findings and intent.--
65     (1)  The Legislature finds that:
66     (a)  Mobile home parks provide safe and affordable housing
67to many residents of this state;
68     (b)  The rising price of real estate in this state is
69causing significant loss of affordable housing, including mobile
70home parks;
71     (c)  Some mobile home park residents are being evicted and
72forced to relocate from their communities due to the change in
73the use of land from mobile home park rentals to some other use;
74     (d)  The loss of this type of affordable housing is of
75statewide concern; and
76     (e)  Local governments benefit from the redevelopment of
77these mobile home parks through increased local and state tax
78revenues but may not have authority to use all available funding
79and revenue sources to assist these displaced residents.
80     (2)  It is the intent of the Legislature that local
81governments and redevelopment agencies assist in the relocation
82of and the provision of assistance to mobile home owners and are
83authorized to use all available funding sources to further this
84intent.
85     (3)  As used in this section, the term:
86     (a)  "Affordable" has the same meaning as provided in s.
87420.602.
88     (b)  "Community redevelopment agency" has the same meaning
89as provided in s. 163.340.
90     (c)  "Local government" means a county or municipality.
91     (d)  "Mobile home park" has the same meaning as provided in
92s. 723.003.
93     (4)  Any local government or community redevelopment agency
94having jurisdiction over a mobile home park that is being closed
95due to a change in the use of land shall provide financial
96assistance to any mobile home resident who is displaced as a
97result of the change in use and who meets the requirements of
98subsection (5) to:
99     (a)  Assist the homeowner with the cost of relocating his
100or her home;
101     (b)  Assist the homeowner in purchasing a new manufactured
102or mobile home if the home he or she is currently occupying is
103not capable of being moved to another location; and
104     (c)  Assist the homeowner in relocating to any other
105adequate and suitable housing.
106
107The financial assistance provided under this subsection to each
108qualified homeowner shall be made as a supplement to the funds
109provided to each qualified homeowner under the Florida Mobile
110Home Relocation Trust Fund.
111     (5)  In order to receive supplemental financial assistance
112under subsection (4) from the local government or community
113redevelopment agency, the displaced mobile home owner must
114qualify as a very-low-income, low-income, or moderate-income
115person as defined in s. 420.0004.
116
117Notwithstanding any other provision of law, a local government
118or community redevelopment agency is authorized to and shall,
119for the purposes described in subsection (4), use revenues
120derived from sources that include, but need not be limited to,
121tax increment financing pursuant to s. 163.387, urban infill and
122redevelopment funds pursuant to s. 163.2523, general revenue
123funding, housing loan assistance programs, documentary stamp tax
124revenues derived from the redevelopment of the property which
125are available to the local government, and impact and permit
126fees derived from the redevelopment of the property.
127     (6)  A local government shall take action to permit and
128approve the rezoning of property for development of new mobile
129home parks for the purpose of providing new homes or affordable
130housing or for the relocation of mobile home owners who are
131displaced by a change in the use of land.
132     (7)  Any local government or community redevelopment agency
133having jurisdiction over a mobile home park providing affordable
134housing as defined in this section may enter into a development
135agreement with the owner of the mobile home park to encourage
136the continued use of the mobile home park for affordable housing
137by incentives, including, but not limited to:
138     (a)  Awarding transferable development credits to the
139community. The Department of Community Affairs shall provide
140technical assistance to local governments in order to promote
141the transfer of development rights for mobile home park owners
142who provide affordable housing. The department may adopt rules
143pursuant to ss. 120.536(1) and 120.54 to administer this
144paragraph;
145     (b)  Providing tax incentives, such as property tax
146abatement, for providing affordable housing; and
147     (c)  Providing housing assistance to the mobile home park
148owner for the difference between the lot rental amount paid by
149the homeowners and either the lot rental amount charged in
150comparable mobile home parks that have similar facilities,
151services, amenities, and management or based upon the rental
152value of the property being dedicated to affordable housing
153based upon the property's fair market value. The Department of
154Community Affairs shall provide technical assistance to local
155governments in order to promote housing assistance to mobile
156home park owners who provide affordable housing in urban areas.
157The department shall adopt rules pursuant to ss. 120.536(1) and
158120.54 to administer this paragraph.
159
160Any development agreement entered into under this subsection
161shall have a term that does not exceed 10 years.
162     Section 2.  Subsection (7) is added to section 420.5088,
163Florida Statutes, to read:
164     420.5088  Florida Homeownership Assistance Program.--There
165is created the Florida Homeownership Assistance Program for the
166purpose of assisting low-income persons in purchasing a home by
167reducing the cost of the home with below-market construction
168financing, by reducing the amount of down payment and closing
169costs paid by the borrower to a maximum of 5 percent of the
170purchase price, or by reducing the monthly payment to an
171affordable amount for the purchaser. Loans shall be made
172available at an interest rate that does not exceed 3 percent.
173The balance of any loan is due at closing if the property is
174sold or transferred.
175     (7)(a)  The program shall provide down payment assistance
176to each person who is employed as a K-12 classroom teacher and
177certified in a critical need area in this state.
178     (b)  The corporation shall develop criteria to determine
179which persons are eligible to receive down payment assistance,
180including the following criteria:
181     1.  The person shall be employed as a K-12 classroom
182teacher in this state.
183     2.  The person shall be state certified in a critical need
184area of exceptional student education, mathematics, science, or
185reading.
186     3.  The person shall declare his or her homestead and
187maintain residency at his or her homestead.
188     4.  The person shall be employed in a full-time, permanent
189capacity.
190     5.  The person shall demonstrate a 5-year minimum
191commitment to continued employment as a K-12 classroom teacher
192in a school within the county of current employment.
193     (c)1.  The program shall provide $4,000 as down payment
194assistance if all city, county, or appropriate governmental
195subdivisions or agencies within which an eligible recipient is
196employed and resides waives any impact fees that occur
197incidental to the recipient's home purchase.
198     2.  In addition to the amount provided under subparagraph
1991., the program shall provide matching funds up to $4,000 as
200down payment assistance if the county within which an eligible
201recipient is employed provides State Housing Initiatives
202Partnership Program funds to the eligible recipient under ss.
203420.907-420.9079.
204     (d)  A lien shall be placed on the recipient's property if
205the recipient does not fulfill his or her 5-year commitment
206specified in subparagraph (b)5.
207     (e)  Each county is encouraged to develop an annual county
208housing plan that emphasizes the recruitment and retention of
209classroom teachers certified in critical need areas. The
210corporation shall review and encourage such plans as a part of
211the overall housing assistance effort of counties. Such plans
212shall not affect any formulas relating to low-income or very-
213low-income assistance programs approved by the corporation.
214     Section 3.  Paragraph (d) of subsection (1) of section
215723.061, Florida Statutes, is amended to read:
216     723.061  Eviction; grounds, proceedings.--
217     (1)  A mobile home park owner may evict a mobile home
218owner, a mobile home tenant, a mobile home occupant, or a mobile
219home only on one or more of the grounds provided in this
220section.
221     (d)  Change in use of the land comprising the mobile home
222park, or the portion thereof from which mobile homes are to be
223evicted, from mobile home lot rentals to some other use,
224provided all tenants affected are given at least 6 months'
225notice of the projected change of use and of their need to
226secure other accommodations. The notice shall include in a font
227no smaller than the body of the notice: YOU MAY BE ENTITLED TO
228COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND,
229ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION
230(FMHRC); FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA
231DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. The park
232owner may not give a notice of increase in lot rental amount
233within 90 days before giving notice of a change in use.
234     Section 4.  Subsection (1) of section 723.06116, Florida
235Statutes, is amended to read:
236     723.06116  Payments to the Florida Mobile Home Relocation
237Corporation.--
238     (1)  If a mobile home owner is required to move due to a
239change in use of the land comprising a mobile home park as set
240forth in s. 723.061(1)(d), the mobile home park owner shall,
241upon such change in use, pay to the Florida Mobile Home
242Relocation Corporation for deposit in the Florida Mobile Home
243Relocation Trust Fund $2,750 for each single-section mobile home
244and $3,750 for each multisection mobile home for which a mobile
245home owner has made application for payment of moving expenses.
246The mobile home park owner shall make the payments required by
247this section and by s. 723.0612(7) to the corporation within 30
248days after receipt from the corporation of the invoice for
249payment. Failure to make such payment within the required time
250period shall result in a late fee being imposed.
251     (a)  If payment is not submitted within 30 days after
252receipt of the invoice, a 10-percent late fee shall be assessed.
253     (b)  If payment is not submitted within 60 days after
254receipt of the invoice, a 15-percent late fee shall be assessed.
255     (c)  If payment is not submitted within 90 days after
256receipt of the invoice, a 20-percent late fee shall be assessed.
257     (d)  Any payment received 120 days or more after receipt of
258the invoice shall include a 25-percent late fee.
259     Section 5.  Subsection (9) of section 723.0612, Florida
260Statutes, is amended, and subsection (12) is added to that
261section, to read:
262     723.0612  Change in use; relocation expenses; payments by
263park owner.--
264     (9)  Any person whose application for funding pursuant to
265subsection (1) or subsection (7) is approved for payment by the
266corporation shall be barred from asserting any claim or cause of
267action under this chapter directly relating to or arising out of
268the change in use of the mobile home park against the
269corporation, the park owner, or the park owner's successors in
270interest. No application for funding pursuant to subsection (1)
271or subsection (7) shall be approved by the corporation if the
272applicant has either filed a claim or cause of action, is
273actively pursuing a claim or cause of action, has settled a
274claim or cause of action, or has a judgment against the
275corporation, the park owner, or the park owner's successors in
276interest under this chapter directly relating to or arising out
277of the change in use of the mobile home park, unless such claim
278or cause of action is dismissed with prejudice.
279     (12)  An application to the corporation for compensation
280under subsection (1) or subsection (7) must be received within 1
281year after the expiration of the eviction period as established
282in the notice required under s. 723.061(1)(d). If the applicant
283files a claim or cause of action that disqualifies the applicant
284under subsection (9) and the claim is subsequently dismissed,
285the application must be received within 6 months following
286filing of the dismissal with prejudice as required under
287subsection (9). However, such an applicant must apply within 2
288years after the expiration of the eviction period as established
289in the notice required under s. 723.061(1)(d).
290     Section 6.  Section 723.071, Florida Statutes, is amended
291to read:
292     723.071  Sale of mobile home parks; legislative findings.--
293     (1)  The Legislature finds that a right of first refusal to
294purchase a mobile home park is a property right that should be
295negotiated between two parties at arm's length and for due
296consideration. The Legislature further finds that this chapter
297does not preclude mobile home owners from purchasing a right of
298first refusal from a willing park owner. The Legislature
299therefore encourages mobile home owners to organize as a
300homeowners' association in accordance with this chapter for the
301purpose of negotiating a right of first refusal with a park
302owner.
303     (2)(1)(a)  If a mobile home park owner offers a mobile home
304park for sale, she or he shall notify the officers of the
305homeowners' association created pursuant to ss. 723.075-723.079
306of the offer, stating the price and the terms and conditions of
307sale.
308     (b)  The mobile home owners, by and through the association
309defined in s. 723.075, shall have the right to purchase the
310park, provided the home owners meet the price and terms and
311conditions of the mobile home park owner by executing a contract
312with the park owner within 45 days, unless agreed to otherwise,
313from the date of mailing of the notice and provided they have
314complied with ss. 723.075-723.079. If a contract between the
315park owner and the association is not executed within such 45-
316day period, then, unless the park owner thereafter elects to
317offer the park at a price lower than the price specified in her
318or his notice to the officers of the homeowners' association,
319the park owner has no further obligations under this subsection,
320and her or his only obligation shall be as set forth in
321subsection (3) (2).
322     (c)  If the park owner thereafter elects to offer the park
323at a price lower than the price specified in her or his notice
324to the home owners, the home owners, by and through the
325association, will have an additional 10 days to meet the price
326and terms and conditions of the park owner by executing a
327contract.
328     (3)(2)  If a mobile home park owner receives a bona fide
329offer to purchase the park that she or he intends to consider or
330make a counteroffer to, the park owner's only obligation shall
331be to notify the officers of the homeowners' association that
332she or he has received an offer and disclose the price and
333material terms and conditions upon which she or he would
334consider selling the park and consider any offer made by the
335home owners, provided the home owners have complied with ss.
336723.075-723.079. The park owner shall be under no obligation to
337sell to the home owners or to interrupt or delay other
338negotiations and shall be free at any time to execute a contract
339for the sale of the park to a party or parties other than the
340home owners or the association.
341     (4)(3)(a)  As used in subsections (2) (1) and (3) (2), the
342term "notify" means the placing of a notice in the United States
343mail addressed to the officers of the homeowners' association.
344Each such notice shall be deemed to have been given upon the
345deposit of the notice in the United States mail.
346     (b)  As used in subsection (2) (1), the term "offer" means
347any solicitation by the park owner to the general public.
348     (5)(4)  This section does not apply to:
349     (a)  Any sale or transfer to a person who would be included
350within the table of descent and distribution if the park owner
351were to die intestate.
352     (b)  Any transfer by gift, devise, or operation of law.
353     (c)  Any transfer by a corporation to an affiliate. As used
354herein, the term "affiliate" means any shareholder of the
355transferring corporation; any corporation or entity owned or
356controlled, directly or indirectly, by the transferring
357corporation; or any other corporation or entity owned or
358controlled, directly or indirectly, by any shareholder of the
359transferring corporation.
360     (d)  Any transfer by a partnership to any of its partners.
361     (e)  Any conveyance of an interest in a mobile home park
362incidental to the financing of such mobile home park.
363     (f)  Any conveyance resulting from the foreclosure of a
364mortgage, deed of trust, or other instrument encumbering a
365mobile home park or any deed given in lieu of such foreclosure.
366     (g)  Any sale or transfer between or among joint tenants or
367tenants in common owning a mobile home park.
368     (h)  Any exchange of a mobile home park for other real
369property, whether or not such exchange also involves the payment
370of cash or other boot.
371     (i)  The purchase of a mobile home park by a governmental
372entity under its powers of eminent domain.
373     Section 7.  Subsection (1) of section 723.072, Florida
374Statutes, is amended to read:
375     723.072  Affidavit of compliance with statutory
376requirements.--
377     (1)  A park owner may at any time record, in the official
378records of the county where a mobile home park is situated, an
379affidavit in which the park owner certifies that:
380     (a)  With reference to an offer by him or her for the sale
381of such park, he or she has complied with the provisions of s.
382723.071(2)(1);
383     (b)  With reference to an offer received by him or her for
384the purchase of such park, or with reference to a counteroffer
385which he or she intends to make, or has made, for the sale of
386such park, he or she has complied with the provisions of s.
387723.071(3)(2);
388     (c)  Notwithstanding his or her compliance with the
389provisions of either subsection (2) (1) or subsection (3) (2) of
390s. 723.071, no contract has been executed for the sale of such
391park between himself or herself and the park homeowners'
392association;
393     (d)  The provisions of subsections (2) (1) and (3) (2) of
394s. 723.071 are inapplicable to a particular sale or transfer of
395such park by him or her, and compliance with such subsections is
396not required; or
397     (e)  A particular sale or transfer of such park is exempted
398from the provisions of this section and s. 723.071.
399
400Any party acquiring an interest in a mobile home park, and any
401and all title insurance companies and attorneys preparing,
402furnishing, or examining any evidence of title, have the
403absolute right to rely on the truth and accuracy of all
404statements appearing in such affidavit and are under no
405obligation to inquire further as to any matter or fact relating
406to the park owner's compliance with the provisions of s.
407723.071.
408     Section 8.  Section 723.083, Florida Statutes, is amended
409to read:
410     723.083  Governmental action affecting removal of mobile
411home owners.--
412     (1)  No agency of municipal, local, county, or state
413government shall approve any application for rezoning, or take
414any other official action, which would result in the removal or
415relocation of mobile home owners residing in a mobile home park
416without first determining that adequate mobile home parks or
417other suitable facilities exist for the relocation of the mobile
418home owners. The existence of adequate mobile home parks or
419other suitable facilities shall be substantiated in a written
420document provided by the agency.
421     (2)  The agency of municipal, local, county, or state
422government considering an application for rezoning or other
423official action shall make a written good faith estimate of the
424fiscal costs and benefits of rezoning or official action. The
425good faith estimate shall include, but need not be limited to,
426annual increases in property taxes or other revenue sources and
427any nonrecurring revenues or fees, including, but not limited
428to, impact fees, permit fees, connection fees, utility charges,
429or other revenues.
430     (3)  The written reports required under this section shall
431be made available to the public for inspection and copying at
432least 10 days prior to the scheduled meeting for consideration
433of any such rezoning or other official act.
434     Section 9.  The sum of $50,000,000 is appropriated for
435fiscal year 2006-2007 from the State Housing Trust Fund to the
436Florida Homeownership Assistance Program for the purposes of s.
437420.5088(7), Florida Statutes, as created by this act. This
438section shall take effect July 1, 2006.
439     Section 10.  Except as otherwise expressly provided in this
440act, this act shall take effect upon becoming a law.


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