Senate Bill sb2438

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    Florida Senate - 2007                                  SB 2438

    By Senator Baker





    20-1483-07                                          See HB 259

  1                      A bill to be entitled

  2         An act relating to affordable housing; creating

  3         s. 163.31772, F.S.; providing legislative

  4         findings and intent relating to changes in land

  5         use affecting mobile home parks; providing

  6         definitions; providing requirements for local

  7         governments and community redevelopment

  8         agencies regarding specified funding sources to

  9         provide financial assistance to certain mobile

10         home owners; providing requirements for mobile

11         home owners to qualify for financial

12         assistance; requiring local governments to

13         permit and approve rezoning of property for the

14         development of new mobile home parks; providing

15         that a local government or redevelopment agency

16         may enter into a development agreement with the

17         owner of a mobile home park to encourage its

18         continued use for affordable housing; limiting

19         the length of certain development agreements;

20         amending s. 420.9072, F.S.; conforming

21         cross-references; amending s. 420.9075, F.S.;

22         providing down payment assistance under the

23         State Housing Initiatives Partnership Program

24         to certain persons employed as K-12 classroom

25         teachers in the schools in this state;

26         requiring the State Housing Initiatives

27         Partnership Program to develop eligibility

28         criteria; providing conditions under which

29         funds may be distributed; providing for a lien

30         to be placed on a recipient's property if the

31         recipient does not fulfill a specified

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




 1         commitment; encouraging counties and eligible

 2         municipalities to develop annual county housing

 3         plans that emphasize the recruitment and

 4         retention of certain classroom teachers;

 5         amending s. 420.9079, F.S.; conforming a

 6         cross-reference; amending s. 723.061, F.S.;

 7         providing notice requirements to certain mobile

 8         home lot tenants regarding entitlement to

 9         compensation from the Florida Mobile Home

10         Relocation Trust Fund; amending s. 723.06116,

11         F.S.; providing for late fees if a mobile home

12         park owner does not make payments to the

13         Florida Mobile Home Relocation Corporation

14         within the required time period; amending s.

15         723.0612, F.S.; prohibiting approval of certain

16         applications for funding submitted by persons

17         who have settled certain claims or causes of

18         action; providing certain time periods within

19         which an application for funding for relocation

20         expenses must be submitted to the corporation;

21         amending s. 723.071, F.S.; providing

22         legislative findings relating to the sale of

23         mobile home parks; amending s. 723.072, F.S.,

24         relating to an affidavit of compliance by an

25         owner of a mobile home park; conforming

26         cross-references; amending s. 723.083, F.S.;

27         requiring an agency of municipal, local,

28         county, or state government to provide a report

29         that substantiates the existence of adequate

30         mobile home parks before approving the removal

31         or relocation of a park; requiring a written

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




 1         estimate of fiscal costs and benefits;

 2         requiring certain reports to be made available

 3         to the public within a specified time period;

 4         providing appropriations; providing effective

 5         dates.

 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 this state 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 from the redevelopment

26  of these mobile home parks through increased local and state

27  tax revenues but may not have authority to use all available

28  funding and revenue sources to assist these displaced

29  residents.

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

31  governments and redevelopment agencies assist in the

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




 1  relocation of and the provision of assistance to mobile home

 2  owners and are authorized to use all available funding sources

 3  to further this intent.

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

 5         (a)  "Affordable" has the same meaning as provided in

 6  s. 420.602.

 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 provide

15  financial assistance to any mobile home resident who is

16  displaced as a result of the change in use and who meets the

17  requirements of subsection (5) to:

18         (a)  Assist the homeowner with the cost of relocating

19  his or her home;

20         (b)  Assist the homeowner in purchasing a new

21  manufactured or mobile home if the home he or she is currently

22  occupying is not capable of being moved to another location;

23  or

24         (c)  Assist the homeowner in relocating to any other

25  adequate and suitable housing.

26  

27  The financial assistance provided under this subsection to

28  each qualified homeowner shall be made as a supplement to the

29  funds provided to each qualified homeowner under the Florida

30  Mobile Home Relocation Trust Fund.

31  

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




 1         (5)  In order to receive supplemental financial

 2  assistance under subsection (4) from the local government or

 3  community redevelopment agency, the displaced mobile home

 4  owner must qualify as a very-low-income, low-income, or

 5  moderate-income person as defined in s. 420.0004.

 6  

 7  Notwithstanding any other provision of law, a local government

 8  or community redevelopment agency is authorized to and shall,

 9  for the purposes described in subsection (4), use revenues

10  derived from sources that include, but need not be limited to,

11  tax increment financing pursuant to s. 163.387, urban infill

12  and redevelopment funds pursuant to s. 163.2523, general

13  revenue funding, housing loan assistance programs, documentary

14  stamp tax revenues derived from the redevelopment of the

15  property which are available to the local government, and

16  impact and permit fees derived from the redevelopment of the

17  property.

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

19  approve the rezoning of property for development of new mobile

20  home parks for the purpose of providing new homes or

21  affordable housing or for the relocation of mobile home owners

22  who are displaced by a change in the use of land.

23         (7)  Any local government or community redevelopment

24  agency having jurisdiction over a mobile home park providing

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

26  development agreement with the owner of the mobile home park

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

28  affordable housing by incentives, including, but not limited

29  to:

30         (a)  Awarding transferable development credits to the

31  community. The Department of Community Affairs shall provide

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




 1  technical assistance to local governments in order to promote

 2  the transfer of development rights for mobile home park owners

 3  who provide affordable housing. The department may adopt rules

 4  pursuant to ss. 120.536(1) and 120.54 to administer this

 5  paragraph;

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

 7  abatement, for providing affordable housing; and

 8         (c)  Providing housing assistance to the mobile home

 9  park owner for the difference between the lot rental amount

10  paid by the homeowners and either the lot rental amount

11  charged in comparable mobile home parks that have similar

12  facilities, services, amenities, and management or based upon

13  the rental value of the property being dedicated to affordable

14  housing based upon the property's fair market value. The

15  Department of Community Affairs shall provide technical

16  assistance to local governments in order to promote housing

17  assistance to mobile home park owners who provide affordable

18  housing in urban areas. The department shall adopt rules

19  pursuant to ss. 120.536(1) and 120.54 to administer this

20  paragraph.

21  

22  Any development agreement entered into under this subsection

23  shall have a term that does not exceed 10 years.

24         Section 2.  Subsection (2) of section 420.9072, Florida

25  Statutes, is amended to read:

26         420.9072  State Housing Initiatives Partnership

27  Program.--The State Housing Initiatives Partnership Program is

28  created for the purpose of providing funds to counties and

29  eligible municipalities as an incentive for the creation of

30  local housing partnerships, to expand production of and

31  preserve affordable housing, to further the housing element of

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




 1  the local government comprehensive plan specific to affordable

 2  housing, and to increase housing-related employment.

 3         (2)(a)  To be eligible to receive funds under the

 4  program, a county or eligible municipality must:

 5         1.  Submit to the corporation its local housing

 6  assistance plan describing the local housing assistance

 7  strategies established pursuant to s. 420.9075;

 8         2.  Within 12 months after adopting the local housing

 9  assistance plan, amend the plan to incorporate the local

10  housing incentive strategies defined in s. 420.9071(16) and

11  described in s. 420.9076; and

12         3.  Within 24 months after adopting the amended local

13  housing assistance plan to incorporate the local housing

14  incentive strategies, amend its land development regulations

15  or establish local policies and procedures, as necessary, to

16  implement the local housing incentive strategies adopted by

17  the local governing body. A county or an eligible municipality

18  that has adopted a housing incentive strategy pursuant to s.

19  420.9076 before the effective date of this act shall review

20  the status of implementation of the plan according to its

21  adopted schedule for implementation and report its findings in

22  the annual report required by s. 420.9075(11)(10). If, as a

23  result of the review, a county or an eligible municipality

24  determines that the implementation is complete and in

25  accordance with its schedule, no further action is necessary.

26  If a county or an eligible municipality determines that

27  implementation according to its schedule is not complete, it

28  must amend its land development regulations or establish local

29  policies and procedures, as necessary, to implement the

30  housing incentive plan within 12 months after the effective

31  date of this act, or if extenuating circumstances prevent

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




 1  implementation within 12 months, pursuant to s.

 2  420.9075(14)(13), enter into an extension agreement with the

 3  corporation.

 4         (b)  A county or an eligible municipality seeking

 5  approval to receive its share of the local housing

 6  distribution must adopt an ordinance containing the following

 7  provisions:

 8         1.  Creation of a local housing assistance trust fund

 9  as described in s. 420.9075(7)(6).

10         2.  Adoption by resolution of a local housing

11  assistance plan as defined in s. 420.9071(14) to be

12  implemented through a local housing partnership as defined in

13  s. 420.9071(18).

14         3.  Designation of the responsibility for the

15  administration of the local housing assistance plan. Such

16  ordinance may also provide for the contracting of all or part

17  of the administrative or other functions of the program to a

18  third person or entity.

19         4.  Creation of the affordable housing advisory

20  committee as provided in s. 420.9076.

21  

22  The ordinance must not take effect until at least 30 days

23  after the date of formal adoption. Ordinances in effect prior

24  to the effective date of amendments to this section shall be

25  amended as needed to conform to new provisions.

26         Section 3.  Present subsections (6) through (13) of

27  section 420.9075, Florida Statutes, are renumbered as

28  subsections (7) through (14), respectively, and a new

29  subsection (6) is added to that section, to read:

30         420.9075  Local housing assistance plans;

31  partnerships.--

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




 1         (6)  In order to assist in the recruitment and

 2  retention of teachers, the following shall be included in the

 3  local housing assistance plan:

 4         (a)  Down payment assistance shall be provided to

 5  eligible persons who meet the following criteria, in addition

 6  to other requirements of the plan:

 7         1.  The person shall be employed full time as a K-12

 8  classroom teacher in this state.

 9         2.  The person shall be state certified in a critical

10  need area of exceptional student education, mathematics, or

11  science.

12         3.  The person shall declare his or her homestead and

13  maintain residency at his or her homestead.

14         4.  The person shall be employed in a full-time,

15  permanent capacity.

16         5.  The person shall demonstrate a 5-year minimum

17  commitment to continued employment as a K-12 classroom teacher

18  in a school within the county of current employment.

19         (b)  Compliance with the employment eligibility

20  criteria established under this subsection shall be verified

21  during the life of the loan by the school district in which

22  the teacher is employed.

23         (c)1.  The program shall provide $4,000 as down payment

24  assistance if the city, county, or appropriate governmental

25  subdivision or agency within which an eligible recipient is

26  employed and resides waives all impact fees that occur

27  incidental to the recipient's home purchase.

28         2.  In addition to the amount provided under

29  subparagraph 1., the program shall provide $4,000 as down

30  payment assistance if the county or eligible municipality

31  within which an eligible recipient is employed provides

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




 1  funding through the State Housing Initiatives Partnership

 2  Program to the eligible recipient under ss. 420.907-420.9079.

 3         (d)  Any lien on the recipient's property securing the

 4  assistance provided under this subsection shall be released if

 5  the recipient fulfills the 5-year commitment specified in

 6  subparagraph (a)5.

 7         (e)  Each county and each eligible municipality is

 8  encouraged to develop an element within its local housing

 9  assistance plan emphasizing the recruitment and retention of

10  classroom teachers certified in critical need areas.

11         Section 4.  Subsection (2) of section 420.9079, Florida

12  Statutes, is amended to read:

13         420.9079  Local Government Housing Trust Fund.--

14         (2)  The corporation shall administer the fund

15  exclusively for the purpose of implementing the programs

16  described in ss. 420.907-420.9078 and this section. With the

17  exception of monitoring the activities of counties and

18  eligible municipalities to determine local compliance with

19  program requirements, the corporation shall not receive

20  appropriations from the fund for administrative or personnel

21  costs. For the purpose of implementing the compliance

22  monitoring provisions of s. 420.9075(10)(9), the corporation

23  may request a maximum of one-quarter of 1 percent of the

24  annual appropriation per state fiscal year. When such funding

25  is appropriated, the corporation shall deduct the amount

26  appropriated prior to calculating the local housing

27  distribution pursuant to ss. 420.9072 and 420.9073.

28         Section 5.  Paragraph (d) of subsection (1) of section

29  723.061, Florida Statutes, is amended to read:

30         723.061  Eviction; grounds, proceedings.--

31  

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




 1         (1)  A mobile home park owner may evict a mobile home

 2  owner, a mobile home tenant, a mobile home occupant, or a

 3  mobile home only on one or more of the grounds provided in

 4  this section.

 5         (d)  Change in use of the land comprising the mobile

 6  home park, or the portion thereof from which mobile homes are

 7  to be evicted, from mobile home lot rentals to some other use,

 8  provided all tenants affected are given at least 6 months'

 9  notice of the projected change of use and of their need to

10  secure other accommodations. The notice shall include in a

11  font no smaller than the body of the notice: YOU MAY BE

12  ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME

13  RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME

14  RELOCATION CORPORATION (FMHRC); FMHRC CONTACT INFORMATION IS

15  AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND

16  PROFESSIONAL REGULATION. The park owner may not give a notice

17  of increase in lot rental amount within 90 days before giving

18  notice of a change in use.

19         Section 6.  Subsection (1) of section 723.06116,

20  Florida Statutes, is amended to read:

21         723.06116  Payments to the Florida Mobile Home

22  Relocation Corporation.--

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

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

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

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

27  Relocation Corporation for deposit in the Florida Mobile Home

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

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

30  mobile home owner has made application for payment of moving

31  expenses. The mobile home park owner shall make the payments

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




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

 2  corporation within 30 days after receipt from the corporation

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

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

 5  being imposed.

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

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

 8  assessed.

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

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

11  assessed.

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

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

14  assessed.

15         (d)  Any payment received 120 days or more after

16  receipt of the invoice shall include a 25-percent late fee.

17         Section 7.  Subsection (9) of section 723.0612, Florida

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

19  section, to read:

20         723.0612  Change in use; relocation expenses; payments

21  by park owner.--

22         (9)  Any person whose application for funding pursuant

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

24  the corporation shall be barred from asserting any claim or

25  cause of action under this chapter directly relating to or

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

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

28  successors in interest. No application for funding pursuant to

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

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

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

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




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

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

 3  successors in interest under this chapter directly relating to

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

 5  unless such claim or cause of action is dismissed with

 6  prejudice.

 7         (12)  An application to the corporation for

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

 9  received within 1 year after the expiration of the eviction

10  period as established in the notice required under s.

11  723.061(1)(d). If the applicant files a claim or cause of

12  action that disqualifies the applicant under subsection (9)

13  and the claim is subsequently dismissed, the application must

14  be received within 6 months following filing of the dismissal

15  with prejudice as required under subsection (9). However, such

16  an applicant must apply within 2 years after the expiration of

17  the eviction period as established in the notice required

18  under s. 723.061(1)(d).

19         Section 8.  Section 723.071, Florida Statutes, is

20  amended to read:

21         723.071  Sale of mobile home parks; legislative

22  findings.--

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

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

25  that should be negotiated between two parties at arm's length

26  and for due consideration. The Legislature further finds that

27  this chapter does not preclude mobile home owners from

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

29  The Legislature therefore encourages mobile home owners to

30  organize as a homeowners' association in accordance with this

31  

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




 1  chapter for the purpose of negotiating a right of first

 2  refusal with a park owner.

 3         (2)(1)(a)  If a mobile home park owner offers a mobile

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

 5  homeowners' association created pursuant to ss.

 6  723.075-723.079 of the offer, stating the price and the terms

 7  and conditions of sale.

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

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

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

11  terms and conditions of the mobile home park owner by

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

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

14  notice and provided they have complied with ss.

15  723.075-723.079. If a contract between the park owner and the

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

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

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

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

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

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

22  (2).

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

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

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

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

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

28  contract.

29         (3)(2)  If a mobile home park owner receives a bona

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

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

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




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

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

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

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

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

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

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

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

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

10  than the home owners or the association.

11         (4)(3)(a)  As used in subsections (2) (1) and (3) (2),

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

13  States mail addressed to the officers of the homeowners'

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

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

16  mail.

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

18  means any solicitation by the park owner to the general

19  public.

20         (5)(4)  This section does not apply to:

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

22  included within the table of descent and distribution if the

23  park owner were to die intestate.

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

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

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

27  transferring corporation; any corporation or entity owned or

28  controlled, directly or indirectly, by the transferring

29  corporation; or any other corporation or entity owned or

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

31  transferring corporation.

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




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

 2  partners.

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

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

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

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

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

 8  foreclosure.

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

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

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

12  property, whether or not such exchange also involves the

13  payment of cash or other boot.

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

15  governmental entity under its powers of eminent domain.

16         Section 9.  Subsection (1) of section 723.072, Florida

17  Statutes, is amended to read:

18         723.072  Affidavit of compliance with statutory

19  requirements.--

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

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

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

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

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

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

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

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

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

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

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

31  

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    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




 1         (c)  Notwithstanding his or her compliance with the

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

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

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

 5  association;

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

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

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

 9  subsections is not required; or

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

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

12  

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

14  and all title insurance companies and attorneys preparing,

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

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

17  statements appearing in such affidavit and are under no

18  obligation to inquire further as to any matter or fact

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

20  s. 723.071.

21         Section 10.  Section 723.083, Florida Statutes, is

22  amended to read:

23         723.083  Governmental action affecting removal of

24  mobile home owners.--

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

26  government shall approve any application for rezoning, or take

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

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

29  park without first determining that adequate mobile home parks

30  or other suitable facilities exist for the relocation of the

31  mobile home owners. The existence of adequate mobile home

                                  17

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






    Florida Senate - 2007                                  SB 2438
    20-1483-07                                          See HB 259




 1  parks or other suitable facilities shall be substantiated in a

 2  written document provided by the agency.

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

 4  government considering an application for rezoning or other

 5  official action shall make a written good faith estimate of

 6  the fiscal costs and benefits of rezoning or official action.

 7  The good faith estimate shall include, but need not be limited

 8  to, annual increases in property taxes or other revenue

 9  sources and any nonrecurring revenues or fees, including, but

10  not limited to, impact fees, permit fees, connection fees,

11  utility charges, or other revenues.

12         (3)  The written reports required under this section

13  shall be made available to the public for inspection and

14  copying at least 10 days prior to the scheduled meeting for

15  consideration of any such rezoning or other official act.

16         Section 11.  The sum of $50 million is appropriated for

17  fiscal year 2007-2008 from the State Housing Trust Fund to the

18  State Housing Initiatives Partnership Program for the purposes

19  of s. 420.9075(6), Florida Statutes, as created by this act.

20  This section shall take effect July 1, 2007.

21         Section 12.  Effective July 1, 2007, the sum of $5

22  million is appropriated from the Local Government Housing

23  Trust Fund to the Florida Housing Finance Corporation for

24  distribution through the State Housing Initiatives Partnership

25  Program, notwithstanding the provisions of ss. 420.9072 and

26  420.9073, Florida Statutes, for the purpose of providing funds

27  to eligible teachers for affordable housing to assist in

28  teacher retention and recruitment in accordance with s.

29  420.9075(6), Florida Statutes.

30         Section 13.  Except as otherwise expressly provided in

31  this act, this act shall take effect upon becoming a law.

                                  18

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