Senate Bill sb0934

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    Florida Senate - 2006                                   SB 934

    By Senator Bennett





    21-681A-06

  1                      A bill to be entitled

  2         An act relating to mobile homes and affordable

  3         housing; creating s. 163.31772, F.S.; providing

  4         legislative findings that mobile home parks

  5         provide safe and affordable housing; providing

  6         intent that local governments and redevelopment

  7         agencies use available funding sources to

  8         assist mobile home owners; providing

  9         definitions; requiring local governments to

10         permit and approve rezoning of property for the

11         development of new mobile home parks; providing

12         that a local government or redevelopment agency

13         may enter into a development agreement with the

14         owner of a mobile home park to encourage its

15         continued use for affordable housing; amending

16         s. 723.06116, F.S.; providing for late fees if

17         a mobile home park does not make payments to

18         the Florida Mobile Home Relocation Corporation

19         within the required time period; amending s.

20         723.0612, F.S.; providing certain time periods

21         within which an application for funding for

22         relocation expenses must be submitted to the

23         corporation; amending s. 723.071, F.S.;

24         providing legislative findings that a right of

25         first refusal is a property right that should

26         be negotiated between two parties; amending s.

27         723.072, F.S., relating to an affidavit of

28         compliance by an owner of a mobile home park;

29         conforming cross-references; amending s.

30         723.083, F.S.; requiring an agency of

31         municipal, local, county, or state government

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 1         to write a report that substantiates the

 2         existence of adequate mobile home parks before

 3         approving the removal or relocation of a park;

 4         requiring a written estimate of fiscal

 5         benefits; providing an effective date.

 6  

 7  Be It Enacted by the Legislature of the State of Florida:

 8  

 9         Section 1.  Section 163.31772, Florida Statutes, is

10  created to read:

11         163.31772  Mobile home parks; change in use of land;

12  legislative findings and intent.--

13         (1)  The Legislature finds that:

14         (a)  Mobile home parks provide safe and affordable

15  housing to many residents of this state;

16         (b)  The rising price of real estate in Florida is

17  causing significant loss of affordable housing, including

18  mobile home parks;

19         (c)  Some mobile home park residents are being evicted

20  and forced to relocate from their communities due to the

21  change in the use of land from mobile home park rentals to

22  some other use;

23         (d)  The loss of this type of affordable housing is of

24  statewide concern; and

25         (e)  Local governments benefit significantly from the

26  redevelopment of these mobile home parks through increased

27  local and state tax revenues, but may not have authority to

28  use all available funding and revenue sources to assist these

29  displaced residents.

30         (2)  It is the intent of the Legislature that local

31  governments and redevelopment agencies assist in the

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 1  relocation of and assistance to mobile home owners and are

 2  authorized to use all available funding sources so that the

 3  state's most needy residents are protected.

 4         (3)  As used in this section, the term:

 5         (a)  "Affordable housing" has the same meaning as

 6  provided in chapter 420.

 7         (b)  "Community redevelopment agency" has the same

 8  meaning as provided in s. 163.340.

 9         (c)  "Local government" means a county or municipality.

10         (d)  "Mobile home park" has the same meaning as

11  provided in s. 723.003.

12         (4)  Any local government or community redevelopment

13  agency having jurisdiction over a mobile home park that is

14  being closed due to a change in the use of land shall use all

15  available funding sources to:

16         (a)  Assist home owners with the cost of relocating

17  their homes;

18         (b)  Assist home owners in purchasing new manufactured

19  or mobile homes if the home they are occupying is not capable

20  of being moved to another location;

21         (c)  Assist home owners in relocating to any other

22  adequate and suitable facilities; and

23         (d)  Maintain, to the greatest extent possible, the

24  relocation of the homes of the mobile home owners to a mobile

25  home park in the same neighborhood or community.

26         (5)  Notwithstanding any other provision of law, a

27  local government or community redevelopment agency is

28  authorized to and shall use revenues derived from sources that

29  include, but need not be limited to, tax increment financing

30  pursuant to s. 163.387, urban infill and redevelopment funds

31  pursuant to s. 163.2523, general revenue funding, housing loan

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 1  assistance programs, documentary stamp tax revenues derived

 2  from the redevelopment of the property which are available to

 3  the local government, and impact and permit fees derived from

 4  the redevelopment of the property.

 5         (6)  A local government shall take action to permit and

 6  approve the rezoning of property for development of new mobile

 7  home parks for the purpose of providing new homes, affordable

 8  housing, or for the relocation of mobile home owners who are

 9  displaced by a change in the use of land.

10         (7)  Any local government or community redevelopment

11  agency having jurisdiction over a mobile home park providing

12  affordable housing as defined in this section may enter into a

13  development agreement with the owner of the mobile home park

14  to encourage the continued use of the mobile home park for

15  affordable housing by incentives, including, but not limited

16  to:

17         (a)  Awarding transferrable development credits to the

18  community. The Department of Community Affairs shall provide

19  technical assistance to local governments in order to promote

20  the transfer of development rights for mobile home park owners

21  who provide affordable housing.  The department may adopt

22  rules to administer this paragraph.

23         (b)  Providing tax incentives, such as property tax

24  abatement, for providing affordable housing.

25         (c)  Providing housing assistance to the mobile home

26  park owner for the difference between the lot rental amount

27  paid by the home owners and lot rental amount charged in

28  comparable mobile home parks that have similar facilities,

29  services, amenities, and management, or based upon the rental

30  value of the property being dedicated to affordable housing

31  based upon its fair market value.  The Department of Community

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 1  Affairs shall provide technical assistance to local

 2  governments in order to promote housing assistance to mobile

 3  home park owners who provide affordable housing in urban

 4  areas. The department shall adopt rules to administer this

 5  paragraph.

 6  

 7  Any such development agreement shall have a term that does not

 8  exceed 10 years.

 9         Section 2.  Subsection (1) of section 723.06116,

10  Florida Statutes, is amended to read:

11         723.06116  Payments to the Florida Mobile Home

12  Relocation Corporation.--

13         (1)  If a mobile home owner is required to move due to

14  a change in use of the land comprising a mobile home park as

15  set forth in s. 723.061(1)(d), the mobile home park owner

16  shall, upon such change in use, pay to the Florida Mobile Home

17  Relocation Corporation for deposit in the Florida Mobile Home

18  Relocation Trust Fund $2,750 for each single-section mobile

19  home and $3,750 for each multisection mobile home for which a

20  mobile home owner has made application for payment of moving

21  expenses. The mobile home park shall make the payments

22  required by this section and by s. 723.0612(7) to the

23  corporation within 30 days after receipt from the  corporation

24  of the invoice for payment. Failure to make such payment

25  within the required time period shall result in a late fee

26  being imposed.

27         (a)  If payment is not submitted within 30 days after

28  receipt of the invoice, a 10-percent late fee shall be

29  assessed.

30  

31  

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 1         (b)  If payment is not submitted within 60 days after

 2  receipt of the invoice, a 15-percent late fee shall be

 3  assessed.

 4         (c)  If payment is not submitted within 90 days after

 5  receipt of the invoice, a 20-percent late fee shall be

 6  assessed.

 7         (d)  Any payment received 120 days after receipt of the

 8  invoice must include a 25-percent late fee.

 9         Section 3.  Subsection (9) of section 723.0612, Florida

10  Statutes, is amended, and subsection (12) is added to that

11  section to read:

12         723.0612  Change in use; relocation expenses; payments

13  by park owner.--

14         (9)  Any person whose application for funding pursuant

15  to subsection (1) or subsection (7) is approved for payment by

16  the corporation shall be barred from asserting any claim or

17  cause of action under this chapter directly relating to or

18  arising out of the change in use of the mobile home park

19  against the corporation, the park owner, or the park owner's

20  successors in interest. No application for funding pursuant to

21  subsection (1) or subsection (7) shall be approved by the

22  corporation if the applicant has either filed a claim or cause

23  of action, is actively pursuing a claim or cause of action,

24  has settled a claim or cause of action, or has a judgment

25  against the corporation, the park owner, or the park owner's

26  successors in interest under this chapter directly relating to

27  or arising out of the change in use of the mobile home park,

28  unless such claim or cause of action is dismissed with

29  prejudice.

30         (12)  An application to the corporation for

31  compensation under subsection (1) or subsection (7) must be

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 1  received by the corporation within 1 year after the expiration

 2  of the eviction period as established in the notice required

 3  under s. 723.061(1)(d).  If the applicant files a claim or

 4  cause of action that disqualifies the applicant under

 5  subsection (9) and the claim is subsequently dismissed,

 6  application must be received within 6 months following filing

 7  of the dismissal with prejudice as required under subsection

 8  (9).  However, such an applicant must apply within 2 years

 9  after the expiration of the eviction period as established in

10  the notice required under s. 723.061(1)(d).

11         Section 4.  Section 723.071, Florida Statutes, is

12  amended to read:

13         723.071  Sale of mobile home parks; legislative

14  findings.--

15         (1)  The Legislature finds that a right of first

16  refusal to purchase a mobile home park is a property right

17  that should be negotiated between two parties at arms length

18  and for due consideration.  The Legislature further finds that

19  this chapter does not preclude mobile home owners from

20  purchasing a right of first refusal from a willing park owner.

21  The Legislature therefore encourages mobile home owners to

22  organize as a homeowners' association in accordance with this

23  chapter for the purpose of negotiating a right of first

24  refusal with a park owner.

25         (2)(1)(a)  If a mobile home park owner offers a mobile

26  home park for sale, she or he shall notify the officers of the

27  homeowners' association created pursuant to ss.

28  723.075-723.079 of the offer, stating the price and the terms

29  and conditions of sale.

30         (b)  The mobile home owners, by and through the

31  association defined in s. 723.075, shall have the right to

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 1  purchase the park, provided the home owners meet the price and

 2  terms and conditions of the mobile home park owner by

 3  executing a contract with the park owner within 45 days,

 4  unless agreed to otherwise, from the date of mailing of the

 5  notice and provided they have complied with ss.

 6  723.075-723.079.  If a contract between the park owner and the

 7  association is not executed within such 45-day period, then,

 8  unless the park owner thereafter elects to offer the park at a

 9  price lower than the price specified in her or his notice to

10  the officers of the homeowners' association, the park owner

11  has no further obligations under this subsection, and her or

12  his only obligation shall be as set forth in subsection (3)

13  (2).

14         (c)  If the park owner thereafter elects to offer the

15  park at a price lower than the price specified in her or his

16  notice to the home owners, the home owners, by and through the

17  association, will have an additional 10 days to meet the price

18  and terms and conditions of the park owner by executing a

19  contract.

20         (3)(2)  If a mobile home park owner receives a bona

21  fide offer to purchase the park that she or he intends to

22  consider or make a counteroffer to, the park owner's only

23  obligation shall be to notify the officers of the homeowners'

24  association that she or he has received an offer and disclose

25  the price and material terms and conditions upon which she or

26  he would consider selling the park and consider any offer made

27  by the home owners, provided the home owners have complied

28  with ss. 723.075-723.079. The park owner shall be under no

29  obligation to sell to the home owners or to interrupt or delay

30  other negotiations and shall be free at any time to execute a

31  

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 1  contract for the sale of the park to a party or parties other

 2  than the home owners or the association.

 3         (4)(3)(a)  As used in subsections (2) (1) and (3) (2),

 4  the term "notify" means the placing of a notice in the United

 5  States mail addressed to the officers of the homeowners'

 6  association. Each such notice shall be deemed to have been

 7  given upon the deposit of the notice in the United States

 8  mail.

 9         (b)  As used in subsection (2) (1), the term "offer"

10  means any solicitation by the park owner to the general

11  public.

12         (5)(4)  This section does not apply to:

13         (a)  Any sale or transfer to a person who would be

14  included within the table of descent and distribution if the

15  park owner were to die intestate.

16         (b)  Any transfer by gift, devise, or operation of law.

17         (c)  Any transfer by a corporation to an affiliate.  As

18  used herein, the term "affiliate" means any shareholder of the

19  transferring corporation; any corporation or entity owned or

20  controlled, directly or indirectly, by the transferring

21  corporation; or any other corporation or entity owned or

22  controlled, directly or indirectly, by any shareholder of the

23  transferring corporation.

24         (d)  Any transfer by a partnership to any of its

25  partners.

26         (e)  Any conveyance of an interest in a mobile home

27  park incidental to the financing of such mobile home park.

28         (f)  Any conveyance resulting from the foreclosure of a

29  mortgage, deed of trust, or other instrument encumbering a

30  mobile home park or any deed given in lieu of such

31  foreclosure.

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 1         (g)  Any sale or transfer between or among joint

 2  tenants or tenants in common owning a mobile home park.

 3         (h)  Any exchange of a mobile home park for other real

 4  property, whether or not such exchange also involves the

 5  payment of cash or other boot.

 6         (i)  The purchase of a mobile home park by a

 7  governmental entity under its powers of eminent domain.

 8         Section 5.  Subsection (1) of section 723.072, Florida

 9  Statutes, is amended to read:

10         723.072  Affidavit of compliance with statutory

11  requirements.--

12         (1)  A park owner may at any time record, in the

13  official records of the county where a mobile home park is

14  situated, an affidavit in which the park owner certifies that:

15         (a)  With reference to an offer by him or her for the

16  sale of such park, he or she has complied with the provisions

17  of s. 723.071(2) s. 723.071(1);

18         (b)  With reference to an offer received by him or her

19  for the purchase of such park, or with reference to a

20  counteroffer which he or she intends to make, or has made, for

21  the sale of such park, he or she has complied with the

22  provisions of s. 723.071(3) s. 723.071(2);

23         (c)  Notwithstanding his or her compliance with the

24  provisions of either subsection (2) (1) or subsection (3) (2)

25  of s. 723.071, no contract has been executed for the sale of

26  such park between himself or herself and the park homeowners'

27  association;

28         (d)  The provisions of subsections (2) (1) and (3) (2)

29  of s. 723.071 are inapplicable to a particular sale or

30  transfer of such park by him or her, and compliance with such

31  subsections is not required; or

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 1         (e)  A particular sale or transfer of such park is

 2  exempted from the provisions of this section and s. 723.071.

 3  

 4  Any party acquiring an interest in a mobile home park, and any

 5  and all title insurance companies and attorneys preparing,

 6  furnishing, or examining any evidence of title, have the

 7  absolute right to rely on the truth and accuracy of all

 8  statements appearing in such affidavit and are under no

 9  obligation to inquire further as to any matter or fact

10  relating to the park owner's compliance with the provisions of

11  s. 723.071.

12         Section 6.  Section 723.083, Florida Statutes, is

13  amended to read:

14         723.083  Governmental action affecting removal of

15  mobile home owners.--

16         (1)  No agency of municipal, local, county, or state

17  government shall approve any application for rezoning, or take

18  any other official action, which would result in the removal

19  or relocation of mobile home owners residing in a mobile home

20  park without first determining that adequate mobile home parks

21  or other suitable facilities exist for the relocation of the

22  mobile home owners. The existence of adequate mobile home

23  parks or other suitable facilities shall be substantiated in a

24  written document.

25         (2)  The agency of municipal, local, county, or state

26  government considering an application for rezoning or other

27  official action shall make a written good faith estimate of

28  the fiscal benefits.  The good faith estimate must include,

29  but need not be limited to, annual increases in property taxes

30  or other revenue sources and any nonrecurring revenues or

31  

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 1  fees, including, but not limited to, impact fees, permit fees,

 2  connection fees, utility charges, or other revenues.

 3         (3)  The written reports required in this section shall

 4  be made available to the public for inspection and copying at

 5  least 10 days prior to the scheduled meeting for consideration

 6  of any such rezoning or other official act.

 7         Section 7.  This act shall take effect upon becoming a

 8  law.

 9  

10            *****************************************

11                          SENATE SUMMARY

12    Provides legislative findings that mobile home parks
      provide safe and affordable housing. Provides that local
13    governments and redevelopment agencies use funding
      sources to assist mobile home owners. Provides
14    definitions. Requires local governments to permit and
      approve rezoning of property for development of new
15    mobile home parks. Provides that a local government or
      redevelopment agency may enter into a development
16    agreement with the owner of a mobile home park to
      encourage its continued use for affordable housing.
17    Provides for late fees if a mobile home park does not pay
      the Florida Mobile Home Relocation Corporation within the
18    required time period. Provides certain time periods
      within which applications for funding must be submitted
19    to the corporation. Provides legislative findings that a
      right of first refusal is a property right that should be
20    negotiated between two parties. Requires an agency of
      municipal, local, county, or state government to write a
21    report that substantiates the existence of adequate
      mobile home parks.
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