| 1 | The Growth Management Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to affordable housing; creating s. |
| 7 | 163.31772, F.S.; providing legislative findings and intent |
| 8 | relating to changes in land use affecting mobile home |
| 9 | parks; providing definitions; providing requirements for |
| 10 | local governments and community redevelopment agencies |
| 11 | regarding specified funding sources to provide financial |
| 12 | assistance to certain mobile home owners; providing |
| 13 | requirements for mobile home owners to qualify for |
| 14 | financial assistance; requiring local governments to |
| 15 | permit and approve rezoning of property for the |
| 16 | development of new mobile home parks; providing that a |
| 17 | local government or redevelopment agency may enter into a |
| 18 | development agreement with the owner of a mobile home park |
| 19 | to encourage its continued use for affordable housing; |
| 20 | limiting the length of certain development agreements; |
| 21 | amending s. 420.9072, F.S.; correcting cross-references; |
| 22 | amending s. 420.9075, F.S.; providing down payment |
| 23 | assistance under the State Housing Initiatives Partnership |
| 24 | Program to certain persons employed as K-12 classroom |
| 25 | teachers in the schools in this state; requiring the |
| 26 | Florida Housing Finance Corporation to develop eligibility |
| 27 | criteria; providing conditions for counties under which |
| 28 | funds may be distributed; providing for a lien to be |
| 29 | placed on a recipient's property if the recipient does not |
| 30 | fulfill a specified commitment; encouraging counties to |
| 31 | develop annual county housing plans that emphasize the |
| 32 | recruitment and retention of certain classroom teachers; |
| 33 | amending s. 420.9079, F.S.; correcting a cross-reference; |
| 34 | amending s. 723.061, F.S.; providing notice requirements |
| 35 | to certain mobile home lot tenants regarding entitlement |
| 36 | to compensation from the Florida Mobile Home Relocation |
| 37 | Trust Fund; amending s. 723.06116, F.S.; providing for |
| 38 | late fees if a mobile home park owner does not make |
| 39 | payments to the Florida Mobile Home Relocation Corporation |
| 40 | within the required time period; amending s. 723.0612, |
| 41 | F.S.; prohibiting approval of certain applications for |
| 42 | funding submitted by persons who have settled certain |
| 43 | claims or causes of action; providing certain time periods |
| 44 | within which an application for funding for relocation |
| 45 | expenses must be submitted to the corporation; amending s. |
| 46 | 723.071, F.S.; providing legislative findings relating to |
| 47 | the sale of mobile home parks; amending s. 723.072, F.S., |
| 48 | relating to an affidavit of compliance by an owner of a |
| 49 | mobile home park; conforming cross-references; amending s. |
| 50 | 723.083, F.S.; requiring an agency of municipal, local, |
| 51 | county, or state government to provide a report that |
| 52 | substantiates the existence of adequate mobile home parks |
| 53 | before approving the removal or relocation of a park; |
| 54 | requiring a written estimate of fiscal costs and benefits; |
| 55 | requiring certain reports to be made available to the |
| 56 | public within a specified time period; providing |
| 57 | appropriations; providing effective dates. |
| 58 |
|
| 59 | Be It Enacted by the Legislature of the State of Florida: |
| 60 |
|
| 61 | Section 1. Section 163.31772, Florida Statutes, is created |
| 62 | to read: |
| 63 | 163.31772 Mobile home parks; change in use of land; |
| 64 | legislative findings and intent.-- |
| 65 | (1) The Legislature finds that: |
| 66 | (a) Mobile home parks provide safe and affordable housing |
| 67 | to many residents of this state; |
| 68 | (b) The rising price of real estate in this state is |
| 69 | causing significant loss of affordable housing, including mobile |
| 70 | home parks; |
| 71 | (c) Some mobile home park residents are being evicted and |
| 72 | forced to relocate from their communities due to the change in |
| 73 | the use of land from mobile home park rentals to some other use; |
| 74 | (d) The loss of this type of affordable housing is of |
| 75 | statewide concern; and |
| 76 | (e) Local governments benefit from the redevelopment of |
| 77 | these mobile home parks through increased local and state tax |
| 78 | revenues but may not have authority to use all available funding |
| 79 | and revenue sources to assist these displaced residents. |
| 80 | (2) It is the intent of the Legislature that local |
| 81 | governments and redevelopment agencies assist in the relocation |
| 82 | of and the provision of assistance to mobile home owners and are |
| 83 | authorized to use all available funding sources to further this |
| 84 | intent. |
| 85 | (3) As used in this section, the term: |
| 86 | (a) "Affordable" has the same meaning as provided in s. |
| 87 | 420.602. |
| 88 | (b) "Community redevelopment agency" has the same meaning |
| 89 | as 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 |
| 92 | s. 723.003. |
| 93 | (4) Any local government or community redevelopment agency |
| 94 | having jurisdiction over a mobile home park that is being closed |
| 95 | due to a change in the use of land shall provide financial |
| 96 | assistance to any mobile home resident who is displaced as a |
| 97 | result of the change in use and who meets the requirements of |
| 98 | subsection (5) to: |
| 99 | (a) Assist the homeowner with the cost of relocating his |
| 100 | or her home; |
| 101 | (b) Assist the homeowner in purchasing a new manufactured |
| 102 | or mobile home if the home he or she is currently occupying is |
| 103 | not capable of being moved to another location; and |
| 104 | (c) Assist the homeowner in relocating to any other |
| 105 | adequate and suitable housing. |
| 106 |
|
| 107 | The financial assistance provided under this subsection to each |
| 108 | qualified homeowner shall be made as a supplement to the funds |
| 109 | provided to each qualified homeowner under the Florida Mobile |
| 110 | Home Relocation Trust Fund. |
| 111 | (5) In order to receive supplemental financial assistance |
| 112 | under subsection (4) from the local government or community |
| 113 | redevelopment agency, the displaced mobile home owner must |
| 114 | qualify as a very-low-income, low-income, or moderate-income |
| 115 | person as defined in s. 420.0004. |
| 116 |
|
| 117 | Notwithstanding any other provision of law, a local government |
| 118 | or community redevelopment agency is authorized to and shall, |
| 119 | for the purposes described in subsection (4), use revenues |
| 120 | derived from sources that include, but need not be limited to, |
| 121 | tax increment financing pursuant to s. 163.387, urban infill and |
| 122 | redevelopment funds pursuant to s. 163.2523, general revenue |
| 123 | funding, housing loan assistance programs, documentary stamp tax |
| 124 | revenues derived from the redevelopment of the property which |
| 125 | are available to the local government, and impact and permit |
| 126 | fees derived from the redevelopment of the property. |
| 127 | (6) A local government shall take action to permit and |
| 128 | approve the rezoning of property for development of new mobile |
| 129 | home parks for the purpose of providing new homes or affordable |
| 130 | housing or for the relocation of mobile home owners who are |
| 131 | displaced by a change in the use of land. |
| 132 | (7) Any local government or community redevelopment agency |
| 133 | having jurisdiction over a mobile home park providing affordable |
| 134 | housing as defined in this section may enter into a development |
| 135 | agreement with the owner of the mobile home park to encourage |
| 136 | the continued use of the mobile home park for affordable housing |
| 137 | by incentives, including, but not limited to: |
| 138 | (a) Awarding transferable development credits to the |
| 139 | community. The Department of Community Affairs shall provide |
| 140 | technical assistance to local governments in order to promote |
| 141 | the transfer of development rights for mobile home park owners |
| 142 | who provide affordable housing. The department may adopt rules |
| 143 | pursuant to ss. 120.536(1) and 120.54 to administer this |
| 144 | paragraph; |
| 145 | (b) Providing tax incentives, such as property tax |
| 146 | abatement, for providing affordable housing; and |
| 147 | (c) Providing housing assistance to the mobile home park |
| 148 | owner for the difference between the lot rental amount paid by |
| 149 | the homeowners and either the lot rental amount charged in |
| 150 | comparable mobile home parks that have similar facilities, |
| 151 | services, amenities, and management or based upon the rental |
| 152 | value of the property being dedicated to affordable housing |
| 153 | based upon the property's fair market value. The Department of |
| 154 | Community Affairs shall provide technical assistance to local |
| 155 | governments in order to promote housing assistance to mobile |
| 156 | home park owners who provide affordable housing in urban areas. |
| 157 | The department shall adopt rules pursuant to ss. 120.536(1) and |
| 158 | 120.54 to administer this paragraph. |
| 159 |
|
| 160 | Any development agreement entered into under this subsection |
| 161 | shall have a term that does not exceed 10 years. |
| 162 | Section 2. Subsection (2) of section 420.9072, Florida |
| 163 | Statutes, is amended to read: |
| 164 | 420.9072 State Housing Initiatives Partnership |
| 165 | Program.--The State Housing Initiatives Partnership Program is |
| 166 | created for the purpose of providing funds to counties and |
| 167 | eligible municipalities as an incentive for the creation of |
| 168 | local housing partnerships, to expand production of and preserve |
| 169 | affordable housing, to further the housing element of the local |
| 170 | government comprehensive plan specific to affordable housing, |
| 171 | and to increase housing-related employment. |
| 172 | (2)(a) To be eligible to receive funds under the program, |
| 173 | a county or eligible municipality must: |
| 174 | 1. Submit to the corporation its local housing assistance |
| 175 | plan describing the local housing assistance strategies |
| 176 | established pursuant to s. 420.9075; |
| 177 | 2. Within 12 months after adopting the local housing |
| 178 | assistance plan, amend the plan to incorporate the local housing |
| 179 | incentive strategies defined in s. 420.9071(16) and described in |
| 180 | s. 420.9076; and |
| 181 | 3. Within 24 months after adopting the amended local |
| 182 | housing assistance plan to incorporate the local housing |
| 183 | incentive strategies, amend its land development regulations or |
| 184 | establish local policies and procedures, as necessary, to |
| 185 | implement the local housing incentive strategies adopted by the |
| 186 | local governing body. A county or an eligible municipality that |
| 187 | has adopted a housing incentive strategy pursuant to s. 420.9076 |
| 188 | before the effective date of this act shall review the status of |
| 189 | implementation of the plan according to its adopted schedule for |
| 190 | implementation and report its findings in the annual report |
| 191 | required by s. 420.9075(10)(9). If as a result of the review, a |
| 192 | county or an eligible municipality determines that the |
| 193 | implementation is complete and in accordance with its schedule, |
| 194 | no further action is necessary. If a county or an eligible |
| 195 | municipality determines that implementation according to its |
| 196 | schedule is not complete, it must amend its land development |
| 197 | regulations or establish local policies and procedures, as |
| 198 | necessary, to implement the housing incentive plan within 12 |
| 199 | months after the effective date of this act, or if extenuating |
| 200 | circumstances prevent implementation within 12 months, pursuant |
| 201 | to s. 420.9075(13)(12), enter into an extension agreement with |
| 202 | the corporation. |
| 203 | (b) A county or an eligible municipality seeking approval |
| 204 | to receive its share of the local housing distribution must |
| 205 | adopt an ordinance containing the following provisions: |
| 206 | 1. Creation of a local housing assistance trust fund as |
| 207 | described in s. 420.9075(6)(5). |
| 208 | 2. Adoption by resolution of a local housing assistance |
| 209 | plan as defined in s. 420.9071(14) to be implemented through a |
| 210 | local housing partnership as defined in s. 420.9071(18). |
| 211 | 3. Designation of the responsibility for the |
| 212 | administration of the local housing assistance plan. Such |
| 213 | ordinance may also provide for the contracting of all or part of |
| 214 | the administrative or other functions of the program to a third |
| 215 | person or entity. |
| 216 | 4. Creation of the affordable housing advisory committee |
| 217 | as provided in s. 420.9076. |
| 218 |
|
| 219 | The ordinance must not take effect until at least 30 days after |
| 220 | the date of formal adoption. Ordinances in effect prior to the |
| 221 | effective date of amendments to this section shall be amended as |
| 222 | needed to conform to new provisions. |
| 223 | Section 3. Present subsections (5) through (12) of section |
| 224 | 420.9075, Florida Statutes, are renumbered as subsections (6) |
| 225 | through (13), respectively, and a new subsection (5) is added to |
| 226 | that section, to read: |
| 227 | 420.9075 Local housing assistance plans; partnerships.-- |
| 228 | (5) In order to assist in the recruitment and retention of |
| 229 | teachers, the following shall be included in the local housing |
| 230 | assistance plan: |
| 231 | (a) Down payment assistance shall be provided to eligible |
| 232 | persons who meet the following criteria, in addition to other |
| 233 | requirements of the plan: |
| 234 | 1. The person shall be employed full time as a K-12 |
| 235 | classroom teacher in this state. |
| 236 | 2. The person shall be state certified in a critical need |
| 237 | area of exceptional student education, mathematics, or science. |
| 238 | 3. The person shall declare his or her homestead and |
| 239 | maintain residency at his or her homestead. |
| 240 | 4. The person shall be employed in a full-time, permanent |
| 241 | capacity. |
| 242 | 5. The person shall demonstrate a 5-year minimum |
| 243 | commitment to continued employment as a K-12 classroom teacher |
| 244 | in a school within the county of current employment. |
| 245 | (b) Compliance with the employment eligibility criteria |
| 246 | established under this subsection shall be verified during the |
| 247 | life of the loan by the school district in which the teacher is |
| 248 | employed. |
| 249 | (c)1. The program shall provide $4,000 as down payment |
| 250 | assistance if the city, county, or appropriate governmental |
| 251 | subdivisions or agencies within which an eligible recipient is |
| 252 | employed and resides waives all impact fees that occur |
| 253 | incidental to the recipient's home purchase. |
| 254 | 2. In addition to the amount provided under subparagraph |
| 255 | 1., the program shall provide $4,000 as down payment assistance |
| 256 | if the county or eligible municipality within which an eligible |
| 257 | recipient is employed provides funding through the State Housing |
| 258 | Initiatives Partnership Program to the eligible recipient under |
| 259 | ss. 420.907-420.9079. |
| 260 | (d) Any lien on the recipient's property securing the |
| 261 | assistance provided under this subsection shall be released if |
| 262 | the recipient fulfills the 5-year commitment specified in |
| 263 | subparagraph (a)5. |
| 264 | (e) Each county and each eligible municipality is |
| 265 | encouraged to develop an element within its local housing |
| 266 | assistance plan emphasizing the recruitment and retention of |
| 267 | classroom teachers certified in critical need areas. |
| 268 | Section 4. Subsection (2) of section 420.9079, Florida |
| 269 | Statutes, is amended to read: |
| 270 | 420.9079 Local Government Housing Trust Fund.-- |
| 271 | (2) The corporation shall administer the fund exclusively |
| 272 | for the purpose of implementing the programs described in ss. |
| 273 | 420.907-420.9078 and this section. With the exception of |
| 274 | monitoring the activities of counties and eligible |
| 275 | municipalities to determine local compliance with program |
| 276 | requirements, the corporation shall not receive appropriations |
| 277 | from the fund for administrative or personnel costs. For the |
| 278 | purpose of implementing the compliance monitoring provisions of |
| 279 | s. 420.9075(9)(8), the corporation may request a maximum of |
| 280 | $200,000 per state fiscal year. When such funding is |
| 281 | appropriated, the corporation shall deduct the amount |
| 282 | appropriated prior to calculating the local housing distribution |
| 283 | pursuant to ss. 420.9072 and 420.9073. |
| 284 | Section 5. Paragraph (d) of subsection (1) of section |
| 285 | 723.061, Florida Statutes, is amended to read: |
| 286 | 723.061 Eviction; grounds, proceedings.-- |
| 287 | (1) A mobile home park owner may evict a mobile home |
| 288 | owner, a mobile home tenant, a mobile home occupant, or a mobile |
| 289 | home only on one or more of the grounds provided in this |
| 290 | section. |
| 291 | (d) Change in use of the land comprising the mobile home |
| 292 | park, or the portion thereof from which mobile homes are to be |
| 293 | evicted, from mobile home lot rentals to some other use, |
| 294 | provided all tenants affected are given at least 6 months' |
| 295 | notice of the projected change of use and of their need to |
| 296 | secure other accommodations. The notice shall include in a font |
| 297 | no smaller than the body of the notice: YOU MAY BE ENTITLED TO |
| 298 | COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, |
| 299 | ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION |
| 300 | (FMHRC); FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA |
| 301 | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. The park |
| 302 | owner may not give a notice of increase in lot rental amount |
| 303 | within 90 days before giving notice of a change in use. |
| 304 | Section 6. Subsection (1) of section 723.06116, Florida |
| 305 | Statutes, is amended to read: |
| 306 | 723.06116 Payments to the Florida Mobile Home Relocation |
| 307 | Corporation.-- |
| 308 | (1) If a mobile home owner is required to move due to a |
| 309 | change in use of the land comprising a mobile home park as set |
| 310 | forth in s. 723.061(1)(d), the mobile home park owner shall, |
| 311 | upon such change in use, pay to the Florida Mobile Home |
| 312 | Relocation Corporation for deposit in the Florida Mobile Home |
| 313 | Relocation Trust Fund $2,750 for each single-section mobile home |
| 314 | and $3,750 for each multisection mobile home for which a mobile |
| 315 | home owner has made application for payment of moving expenses. |
| 316 | The mobile home park owner shall make the payments required by |
| 317 | this section and by s. 723.0612(7) to the corporation within 30 |
| 318 | days after receipt from the corporation of the invoice for |
| 319 | payment. Failure to make such payment within the required time |
| 320 | period shall result in a late fee being imposed. |
| 321 | (a) If payment is not submitted within 30 days after |
| 322 | receipt of the invoice, a 10-percent late fee shall be assessed. |
| 323 | (b) If payment is not submitted within 60 days after |
| 324 | receipt of the invoice, a 15-percent late fee shall be assessed. |
| 325 | (c) If payment is not submitted within 90 days after |
| 326 | receipt of the invoice, a 20-percent late fee shall be assessed. |
| 327 | (d) Any payment received 120 days or more after receipt of |
| 328 | the invoice shall include a 25-percent late fee. |
| 329 | Section 7. Subsection (9) of section 723.0612, Florida |
| 330 | Statutes, is amended, and subsection (12) is added to that |
| 331 | section, to read: |
| 332 | 723.0612 Change in use; relocation expenses; payments by |
| 333 | park owner.-- |
| 334 | (9) Any person whose application for funding pursuant to |
| 335 | subsection (1) or subsection (7) is approved for payment by the |
| 336 | corporation shall be barred from asserting any claim or cause of |
| 337 | action under this chapter directly relating to or arising out of |
| 338 | the change in use of the mobile home park against the |
| 339 | corporation, the park owner, or the park owner's successors in |
| 340 | interest. No application for funding pursuant to subsection (1) |
| 341 | or subsection (7) shall be approved by the corporation if the |
| 342 | applicant has either filed a claim or cause of action, is |
| 343 | actively pursuing a claim or cause of action, has settled a |
| 344 | claim or cause of action, or has a judgment against the |
| 345 | corporation, the park owner, or the park owner's successors in |
| 346 | interest under this chapter directly relating to or arising out |
| 347 | of the change in use of the mobile home park, unless such claim |
| 348 | or cause of action is dismissed with prejudice. |
| 349 | (12) An application to the corporation for compensation |
| 350 | under subsection (1) or subsection (7) must be received within 1 |
| 351 | year after the expiration of the eviction period as established |
| 352 | in the notice required under s. 723.061(1)(d). If the applicant |
| 353 | files a claim or cause of action that disqualifies the applicant |
| 354 | under subsection (9) and the claim is subsequently dismissed, |
| 355 | the application must be received within 6 months following |
| 356 | filing of the dismissal with prejudice as required under |
| 357 | subsection (9). However, such an applicant must apply within 2 |
| 358 | years after the expiration of the eviction period as established |
| 359 | in the notice required under s. 723.061(1)(d). |
| 360 | Section 8. Section 723.071, Florida Statutes, is amended |
| 361 | to read: |
| 362 | 723.071 Sale of mobile home parks; legislative findings.-- |
| 363 | (1) The Legislature finds that a right of first refusal to |
| 364 | purchase a mobile home park is a property right that should be |
| 365 | negotiated between two parties at arm's length and for due |
| 366 | consideration. The Legislature further finds that this chapter |
| 367 | does not preclude mobile home owners from purchasing a right of |
| 368 | first refusal from a willing park owner. The Legislature |
| 369 | therefore encourages mobile home owners to organize as a |
| 370 | homeowners' association in accordance with this chapter for the |
| 371 | purpose of negotiating a right of first refusal with a park |
| 372 | owner. |
| 373 | (2)(1)(a) If a mobile home park owner offers a mobile home |
| 374 | park for sale, she or he shall notify the officers of the |
| 375 | homeowners' association created pursuant to ss. 723.075-723.079 |
| 376 | of the offer, stating the price and the terms and conditions of |
| 377 | sale. |
| 378 | (b) The mobile home owners, by and through the association |
| 379 | defined in s. 723.075, shall have the right to purchase the |
| 380 | park, provided the home owners meet the price and terms and |
| 381 | conditions of the mobile home park owner by executing a contract |
| 382 | with the park owner within 45 days, unless agreed to otherwise, |
| 383 | from the date of mailing of the notice and provided they have |
| 384 | complied with ss. 723.075-723.079. If a contract between the |
| 385 | park owner and the association is not executed within such 45- |
| 386 | day period, then, unless the park owner thereafter elects to |
| 387 | offer the park at a price lower than the price specified in her |
| 388 | or his notice to the officers of the homeowners' association, |
| 389 | the park owner has no further obligations under this subsection, |
| 390 | and her or his only obligation shall be as set forth in |
| 391 | subsection (3) (2). |
| 392 | (c) If the park owner thereafter elects to offer the park |
| 393 | at a price lower than the price specified in her or his notice |
| 394 | to the home owners, the home owners, by and through the |
| 395 | association, will have an additional 10 days to meet the price |
| 396 | and terms and conditions of the park owner by executing a |
| 397 | contract. |
| 398 | (3)(2) If a mobile home park owner receives a bona fide |
| 399 | offer to purchase the park that she or he intends to consider or |
| 400 | make a counteroffer to, the park owner's only obligation shall |
| 401 | be to notify the officers of the homeowners' association that |
| 402 | she or he has received an offer and disclose the price and |
| 403 | material terms and conditions upon which she or he would |
| 404 | consider selling the park and consider any offer made by the |
| 405 | home owners, provided the home owners have complied with ss. |
| 406 | 723.075-723.079. The park owner shall be under no obligation to |
| 407 | sell to the home owners or to interrupt or delay other |
| 408 | negotiations and shall be free at any time to execute a contract |
| 409 | for the sale of the park to a party or parties other than the |
| 410 | home owners or the association. |
| 411 | (4)(3)(a) As used in subsections (2) (1) and (3) (2), the |
| 412 | term "notify" means the placing of a notice in the United States |
| 413 | mail addressed to the officers of the homeowners' association. |
| 414 | Each such notice shall be deemed to have been given upon the |
| 415 | deposit of the notice in the United States mail. |
| 416 | (b) As used in subsection (2) (1), the term "offer" means |
| 417 | any solicitation by the park owner to the general public. |
| 418 | (5)(4) This section does not apply to: |
| 419 | (a) Any sale or transfer to a person who would be included |
| 420 | within the table of descent and distribution if the park owner |
| 421 | were to die intestate. |
| 422 | (b) Any transfer by gift, devise, or operation of law. |
| 423 | (c) Any transfer by a corporation to an affiliate. As used |
| 424 | herein, the term "affiliate" means any shareholder of the |
| 425 | transferring corporation; any corporation or entity owned or |
| 426 | controlled, directly or indirectly, by the transferring |
| 427 | corporation; or any other corporation or entity owned or |
| 428 | controlled, directly or indirectly, by any shareholder of the |
| 429 | transferring corporation. |
| 430 | (d) Any transfer by a partnership to any of its partners. |
| 431 | (e) Any conveyance of an interest in a mobile home park |
| 432 | incidental to the financing of such mobile home park. |
| 433 | (f) Any conveyance resulting from the foreclosure of a |
| 434 | mortgage, deed of trust, or other instrument encumbering a |
| 435 | mobile home park or any deed given in lieu of such foreclosure. |
| 436 | (g) Any sale or transfer between or among joint tenants or |
| 437 | tenants in common owning a mobile home park. |
| 438 | (h) Any exchange of a mobile home park for other real |
| 439 | property, whether or not such exchange also involves the payment |
| 440 | of cash or other boot. |
| 441 | (i) The purchase of a mobile home park by a governmental |
| 442 | entity under its powers of eminent domain. |
| 443 | Section 9. Subsection (1) of section 723.072, Florida |
| 444 | Statutes, is amended to read: |
| 445 | 723.072 Affidavit of compliance with statutory |
| 446 | requirements.-- |
| 447 | (1) A park owner may at any time record, in the official |
| 448 | records of the county where a mobile home park is situated, an |
| 449 | affidavit in which the park owner certifies that: |
| 450 | (a) With reference to an offer by him or her for the sale |
| 451 | of such park, he or she has complied with the provisions of s. |
| 452 | 723.071(2)(1); |
| 453 | (b) With reference to an offer received by him or her for |
| 454 | the purchase of such park, or with reference to a counteroffer |
| 455 | which he or she intends to make, or has made, for the sale of |
| 456 | such park, he or she has complied with the provisions of s. |
| 457 | 723.071(3)(2); |
| 458 | (c) Notwithstanding his or her compliance with the |
| 459 | provisions of either subsection (2) (1) or subsection (3) (2) of |
| 460 | s. 723.071, no contract has been executed for the sale of such |
| 461 | park between himself or herself and the park homeowners' |
| 462 | association; |
| 463 | (d) The provisions of subsections (2) (1) and (3) (2) of |
| 464 | s. 723.071 are inapplicable to a particular sale or transfer of |
| 465 | such park by him or her, and compliance with such subsections is |
| 466 | not required; or |
| 467 | (e) A particular sale or transfer of such park is exempted |
| 468 | from the provisions of this section and s. 723.071. |
| 469 |
|
| 470 | Any party acquiring an interest in a mobile home park, and any |
| 471 | and all title insurance companies and attorneys preparing, |
| 472 | furnishing, or examining any evidence of title, have the |
| 473 | absolute right to rely on the truth and accuracy of all |
| 474 | statements appearing in such affidavit and are under no |
| 475 | obligation to inquire further as to any matter or fact relating |
| 476 | to the park owner's compliance with the provisions of s. |
| 477 | 723.071. |
| 478 | Section 10. Section 723.083, Florida Statutes, is amended |
| 479 | to read: |
| 480 | 723.083 Governmental action affecting removal of mobile |
| 481 | home owners.-- |
| 482 | (1) No agency of municipal, local, county, or state |
| 483 | government shall approve any application for rezoning, or take |
| 484 | any other official action, which would result in the removal or |
| 485 | relocation of mobile home owners residing in a mobile home park |
| 486 | without first determining that adequate mobile home parks or |
| 487 | other suitable facilities exist for the relocation of the mobile |
| 488 | home owners. The existence of adequate mobile home parks or |
| 489 | other suitable facilities shall be substantiated in a written |
| 490 | document provided by the agency. |
| 491 | (2) The agency of municipal, local, county, or state |
| 492 | government considering an application for rezoning or other |
| 493 | official action shall make a written good faith estimate of the |
| 494 | fiscal costs and benefits of rezoning or official action. The |
| 495 | good faith estimate shall include, but need not be limited to, |
| 496 | annual increases in property taxes or other revenue sources and |
| 497 | any nonrecurring revenues or fees, including, but not limited |
| 498 | to, impact fees, permit fees, connection fees, utility charges, |
| 499 | or other revenues. |
| 500 | (3) The written reports required under this section shall |
| 501 | be made available to the public for inspection and copying at |
| 502 | least 10 days prior to the scheduled meeting for consideration |
| 503 | of any such rezoning or other official act. |
| 504 | Section 11. The sum of $50,000,000 is appropriated for |
| 505 | fiscal year 2006-2007 from the State Housing Trust Fund to the |
| 506 | Florida Homeownership Assistance Program for the purposes of s. |
| 507 | 420.9075(5), Florida Statutes, as created by this act. This |
| 508 | section shall take effect July 1, 2006. |
| 509 | Section 12. Effective July 1, 2006, the sum of $ .... |
| 510 | million is appropriated from the Local Government Housing Trust |
| 511 | Fund to the Florida Housing Finance Corporation for distribution |
| 512 | through the State Housing Initiatives Partnership Program, |
| 513 | notwithstanding the provisions of ss. 420.9072 and 420.9073, |
| 514 | Florida Statutes, for the purpose of providing funds to eligible |
| 515 | teachers for affordable housing to assist in teacher retention |
| 516 | and recruitment in accordance with s. 420.9075(5), Florida |
| 517 | Statutes. |
| 518 | Section 13. Except as otherwise expressly provided in this |
| 519 | act, this act shall take effect upon becoming a law. |