HB 259

1
A bill to be entitled
2An act relating to affordable housing; creating s.
3163.31772, F.S.; providing legislative findings and intent
4relating to changes in land use affecting mobile home
5parks; providing definitions; providing requirements for
6local governments and community redevelopment agencies
7regarding specified funding sources to provide financial
8assistance to certain mobile home owners; providing
9requirements for mobile home owners to qualify for
10financial assistance; requiring local governments to
11permit and approve rezoning of property for the
12development of new mobile home parks; providing that a
13local government or redevelopment agency may enter into a
14development agreement with the owner of a mobile home park
15to encourage its continued use for affordable housing;
16limiting the length of certain development agreements;
17amending s. 420.9072, F.S.; correcting cross-references;
18amending s. 420.9075, F.S.; providing down payment
19assistance under the State Housing Initiatives Partnership
20Program to certain persons employed as K-12 classroom
21teachers in the schools in this state; requiring the State
22Housing Initiatives Partnership Program to develop
23eligibility criteria; providing conditions under which
24funds may be distributed; providing for a lien to be
25placed on a recipient's property if the recipient does not
26fulfill a specified commitment; encouraging counties and
27eligible municipalities to develop annual county housing
28plans that emphasize the recruitment and retention of
29certain classroom teachers; amending s. 420.9079, F.S.;
30correcting a cross-reference; amending s. 723.061, F.S.;
31providing notice requirements to certain mobile home lot
32tenants regarding entitlement to compensation from the
33Florida Mobile Home Relocation Trust Fund; amending s.
34723.06116, F.S.; providing for late fees if a mobile home
35park owner does not make payments to the Florida Mobile
36Home Relocation Corporation within the required time
37period; amending s. 723.0612, F.S.; prohibiting approval
38of certain applications for funding submitted by persons
39who have settled certain claims or causes of action;
40providing certain time periods within which an application
41for funding for relocation expenses must be submitted to
42the corporation; amending s. 723.071, F.S.; providing
43legislative findings relating to the sale of mobile home
44parks; amending s. 723.072, F.S., relating to an affidavit
45of compliance by an owner of a mobile home park;
46conforming cross-references; amending s. 723.083, F.S.;
47requiring an agency of municipal, local, county, or state
48government to provide a report that substantiates the
49existence of adequate mobile home parks before approving
50the removal or relocation of a park; requiring a written
51estimate of fiscal costs and benefits; requiring certain
52reports to be made available to the public within a
53specified time period; providing appropriations; providing
54effective dates.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Section 163.31772, Florida Statutes, is created
59to read:
60     163.31772  Mobile home parks; change in use of land;
61legislative findings and intent.--
62     (1)  The Legislature finds that:
63     (a)  Mobile home parks provide safe and affordable housing
64to many residents of this state;
65     (b)  The rising price of real estate in this state is
66causing significant loss of affordable housing, including mobile
67home parks;
68     (c)  Some mobile home park residents are being evicted and
69forced to relocate from their communities due to the change in
70the use of land from mobile home park rentals to some other use;
71     (d)  The loss of this type of affordable housing is of
72statewide concern; and
73     (e)  Local governments benefit from the redevelopment of
74these mobile home parks through increased local and state tax
75revenues but may not have authority to use all available funding
76and revenue sources to assist these displaced residents.
77     (2)  It is the intent of the Legislature that local
78governments and redevelopment agencies assist in the relocation
79of and the provision of assistance to mobile home owners and are
80authorized to use all available funding sources to further this
81intent.
82     (3)  As used in this section, the term:
83     (a)  "Affordable" has the same meaning as provided in s.
84420.602.
85     (b)  "Community redevelopment agency" has the same meaning
86as provided in s. 163.340.
87     (c)  "Local government" means a county or municipality.
88     (d)  "Mobile home park" has the same meaning as provided in
89s. 723.003.
90     (4)  Any local government or community redevelopment agency
91having jurisdiction over a mobile home park that is being closed
92due to a change in the use of land shall provide financial
93assistance to any mobile home resident who is displaced as a
94result of the change in use and who meets the requirements of
95subsection (5) to:
96     (a)  Assist the homeowner with the cost of relocating his
97or her home;
98     (b)  Assist the homeowner in purchasing a new manufactured
99or mobile home if the home he or she is currently occupying is
100not capable of being moved to another location; or
101     (c)  Assist the homeowner in relocating to any other
102adequate and suitable housing.
103
104The financial assistance provided under this subsection to each
105qualified homeowner shall be made as a supplement to the funds
106provided to each qualified homeowner under the Florida Mobile
107Home Relocation Trust Fund.
108     (5)  In order to receive supplemental financial assistance
109under subsection (4) from the local government or community
110redevelopment agency, the displaced mobile home owner must
111qualify as a very-low-income, low-income, or moderate-income
112person as defined in s. 420.0004.
113
114Notwithstanding any other provision of law, a local government
115or community redevelopment agency is authorized to and shall,
116for the purposes described in subsection (4), use revenues
117derived from sources that include, but need not be limited to,
118tax increment financing pursuant to s. 163.387, urban infill and
119redevelopment funds pursuant to s. 163.2523, general revenue
120funding, housing loan assistance programs, documentary stamp tax
121revenues derived from the redevelopment of the property which
122are available to the local government, and impact and permit
123fees derived from the redevelopment of the property.
124     (6)  A local government shall take action to permit and
125approve the rezoning of property for development of new mobile
126home parks for the purpose of providing new homes or affordable
127housing or for the relocation of mobile home owners who are
128displaced by a change in the use of land.
129     (7)  Any local government or community redevelopment agency
130having jurisdiction over a mobile home park providing affordable
131housing as defined in this section may enter into a development
132agreement with the owner of the mobile home park to encourage
133the continued use of the mobile home park for affordable housing
134by incentives, including, but not limited to:
135     (a)  Awarding transferable development credits to the
136community. The Department of Community Affairs shall provide
137technical assistance to local governments in order to promote
138the transfer of development rights for mobile home park owners
139who provide affordable housing. The department may adopt rules
140pursuant to ss. 120.536(1) and 120.54 to administer this
141paragraph;
142     (b)  Providing tax incentives, such as property tax
143abatement, for providing affordable housing; and
144     (c)  Providing housing assistance to the mobile home park
145owner for the difference between the lot rental amount paid by
146the homeowners and either the lot rental amount charged in
147comparable mobile home parks that have similar facilities,
148services, amenities, and management or based upon the rental
149value of the property being dedicated to affordable housing
150based upon the property's fair market value. The Department of
151Community Affairs shall provide technical assistance to local
152governments in order to promote housing assistance to mobile
153home park owners who provide affordable housing in urban areas.
154The department shall adopt rules pursuant to ss. 120.536(1) and
155120.54 to administer this paragraph.
156
157Any development agreement entered into under this subsection
158shall have a term that does not exceed 10 years.
159     Section 2.  Subsection (2) of section 420.9072, Florida
160Statutes, is amended to read:
161     420.9072  State Housing Initiatives Partnership
162Program.--The State Housing Initiatives Partnership Program is
163created for the purpose of providing funds to counties and
164eligible municipalities as an incentive for the creation of
165local housing partnerships, to expand production of and preserve
166affordable housing, to further the housing element of the local
167government comprehensive plan specific to affordable housing,
168and to increase housing-related employment.
169     (2)(a)  To be eligible to receive funds under the program,
170a county or eligible municipality must:
171     1.  Submit to the corporation its local housing assistance
172plan describing the local housing assistance strategies
173established pursuant to s. 420.9075;
174     2.  Within 12 months after adopting the local housing
175assistance plan, amend the plan to incorporate the local housing
176incentive strategies defined in s. 420.9071(16) and described in
177s. 420.9076; and
178     3.  Within 24 months after adopting the amended local
179housing assistance plan to incorporate the local housing
180incentive strategies, amend its land development regulations or
181establish local policies and procedures, as necessary, to
182implement the local housing incentive strategies adopted by the
183local governing body. A county or an eligible municipality that
184has adopted a housing incentive strategy pursuant to s. 420.9076
185before the effective date of this act shall review the status of
186implementation of the plan according to its adopted schedule for
187implementation and report its findings in the annual report
188required by s. 420.9075(11)(10). If, as a result of the review,
189a county or an eligible municipality determines that the
190implementation is complete and in accordance with its schedule,
191no further action is necessary. If a county or an eligible
192municipality determines that implementation according to its
193schedule is not complete, it must amend its land development
194regulations or establish local policies and procedures, as
195necessary, to implement the housing incentive plan within 12
196months after the effective date of this act, or if extenuating
197circumstances prevent implementation within 12 months, pursuant
198to s. 420.9075(14)(13), enter into an extension agreement with
199the corporation.
200     (b)  A county or an eligible municipality seeking approval
201to receive its share of the local housing distribution must
202adopt an ordinance containing the following provisions:
203     1.  Creation of a local housing assistance trust fund as
204described in s. 420.9075(7)(6).
205     2.  Adoption by resolution of a local housing assistance
206plan as defined in s. 420.9071(14) to be implemented through a
207local housing partnership as defined in s. 420.9071(18).
208     3.  Designation of the responsibility for the
209administration of the local housing assistance plan. Such
210ordinance may also provide for the contracting of all or part of
211the administrative or other functions of the program to a third
212person or entity.
213     4.  Creation of the affordable housing advisory committee
214as provided in s. 420.9076.
215
216The ordinance must not take effect until at least 30 days after
217the date of formal adoption. Ordinances in effect prior to the
218effective date of amendments to this section shall be amended as
219needed to conform to new provisions.
220     Section 3.  Present subsections (6) through (13) of section
221420.9075, Florida Statutes, are renumbered as subsections (7)
222through (14), respectively, and a new subsection (6) is added to
223that section, to read:
224     420.9075  Local housing assistance plans; partnerships.--
225     (6)  In order to assist in the recruitment and retention of
226teachers, the following shall be included in the local housing
227assistance plan:
228     (a)  Down payment assistance shall be provided to eligible
229persons who meet the following criteria, in addition to other
230requirements of the plan:
231     1.  The person shall be employed full time as a K-12
232classroom teacher in this state.
233     2.  The person shall be state certified in a critical need
234area of exceptional student education, mathematics, or science.
235     3.  The person shall declare his or her homestead and
236maintain residency at his or her homestead.
237     4.  The person shall be employed in a full-time, permanent
238capacity.
239     5.  The person shall demonstrate a 5-year minimum
240commitment to continued employment as a K-12 classroom teacher
241in a school within the county of current employment.
242     (b)  Compliance with the employment eligibility criteria
243established under this subsection shall be verified during the
244life of the loan by the school district in which the teacher is
245employed.
246     (c)1.  The program shall provide $4,000 as down payment
247assistance if the city, county, or appropriate governmental
248subdivision or agency within which an eligible recipient is
249employed and resides waives all impact fees that occur
250incidental to the recipient's home purchase.
251     2.  In addition to the amount provided under subparagraph
2521., the program shall provide $4,000 as down payment assistance
253if the county or eligible municipality within which an eligible
254recipient is employed provides funding through the State Housing
255Initiatives Partnership Program to the eligible recipient under
256ss. 420.907-420.9079.
257     (d)  Any lien on the recipient's property securing the
258assistance provided under this subsection shall be released if
259the recipient fulfills the 5-year commitment specified in
260subparagraph (a)5.
261     (e)  Each county and each eligible municipality is
262encouraged to develop an element within its local housing
263assistance plan emphasizing the recruitment and retention of
264classroom teachers certified in critical need areas.
265     Section 4.  Subsection (2) of section 420.9079, Florida
266Statutes, is amended to read:
267     420.9079  Local Government Housing Trust Fund.--
268     (2)  The corporation shall administer the fund exclusively
269for the purpose of implementing the programs described in ss.
270420.907-420.9078 and this section. With the exception of
271monitoring the activities of counties and eligible
272municipalities to determine local compliance with program
273requirements, the corporation shall not receive appropriations
274from the fund for administrative or personnel costs. For the
275purpose of implementing the compliance monitoring provisions of
276s. 420.9075(10)(9), the corporation may request a maximum of
277one-quarter of 1 percent of the annual appropriation per state
278fiscal year. When such funding is appropriated, the corporation
279shall deduct the amount appropriated prior to calculating the
280local housing distribution pursuant to ss. 420.9072 and
281420.9073.
282     Section 5.  Paragraph (d) of subsection (1) of section
283723.061, Florida Statutes, is amended to read:
284     723.061  Eviction; grounds, proceedings.--
285     (1)  A mobile home park owner may evict a mobile home
286owner, a mobile home tenant, a mobile home occupant, or a mobile
287home only on one or more of the grounds provided in this
288section.
289     (d)  Change in use of the land comprising the mobile home
290park, or the portion thereof from which mobile homes are to be
291evicted, from mobile home lot rentals to some other use,
292provided all tenants affected are given at least 6 months'
293notice of the projected change of use and of their need to
294secure other accommodations. The notice shall include in a font
295no smaller than the body of the notice: YOU MAY BE ENTITLED TO
296COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND,
297ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION
298(FMHRC); FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA
299DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. The park
300owner may not give a notice of increase in lot rental amount
301within 90 days before giving notice of a change in use.
302     Section 6.  Subsection (1) of section 723.06116, Florida
303Statutes, is amended to read:
304     723.06116  Payments to the Florida Mobile Home Relocation
305Corporation.--
306     (1)  If a mobile home owner is required to move due to a
307change in use of the land comprising a mobile home park as set
308forth in s. 723.061(1)(d), the mobile home park owner shall,
309upon such change in use, pay to the Florida Mobile Home
310Relocation Corporation for deposit in the Florida Mobile Home
311Relocation Trust Fund $2,750 for each single-section mobile home
312and $3,750 for each multisection mobile home for which a mobile
313home owner has made application for payment of moving expenses.
314The mobile home park owner shall make the payments required by
315this section and by s. 723.0612(7) to the corporation within 30
316days after receipt from the corporation of the invoice for
317payment. Failure to make such payment within the required time
318period shall result in a late fee being imposed.
319     (a)  If payment is not submitted within 30 days after
320receipt of the invoice, a 10-percent late fee shall be assessed.
321     (b)  If payment is not submitted within 60 days after
322receipt of the invoice, a 15-percent late fee shall be assessed.
323     (c)  If payment is not submitted within 90 days after
324receipt of the invoice, a 20-percent late fee shall be assessed.
325     (d)  Any payment received 120 days or more after receipt of
326the invoice shall include a 25-percent late fee.
327     Section 7.  Subsection (9) of section 723.0612, Florida
328Statutes, is amended, and subsection (12) is added to that
329section, to read:
330     723.0612  Change in use; relocation expenses; payments by
331park owner.--
332     (9)  Any person whose application for funding pursuant to
333subsection (1) or subsection (7) is approved for payment by the
334corporation shall be barred from asserting any claim or cause of
335action under this chapter directly relating to or arising out of
336the change in use of the mobile home park against the
337corporation, the park owner, or the park owner's successors in
338interest. No application for funding pursuant to subsection (1)
339or subsection (7) shall be approved by the corporation if the
340applicant has either filed a claim or cause of action, is
341actively pursuing a claim or cause of action, has settled a
342claim or cause of action, or has a judgment against the
343corporation, the park owner, or the park owner's successors in
344interest under this chapter directly relating to or arising out
345of the change in use of the mobile home park, unless such claim
346or cause of action is dismissed with prejudice.
347     (12)  An application to the corporation for compensation
348under subsection (1) or subsection (7) must be received within 1
349year after the expiration of the eviction period as established
350in the notice required under s. 723.061(1)(d). If the applicant
351files a claim or cause of action that disqualifies the applicant
352under subsection (9) and the claim is subsequently dismissed,
353the application must be received within 6 months following
354filing of the dismissal with prejudice as required under
355subsection (9). However, such an applicant must apply within 2
356years after the expiration of the eviction period as established
357in the notice required under s. 723.061(1)(d).
358     Section 8.  Section 723.071, Florida Statutes, is amended
359to read:
360     723.071  Sale of mobile home parks; legislative findings.--
361     (1)  The Legislature finds that a right of first refusal to
362purchase a mobile home park is a property right that should be
363negotiated between two parties at arm's length and for due
364consideration. The Legislature further finds that this chapter
365does not preclude mobile home owners from purchasing a right of
366first refusal from a willing park owner. The Legislature
367therefore encourages mobile home owners to organize as a
368homeowners' association in accordance with this chapter for the
369purpose of negotiating a right of first refusal with a park
370owner.
371     (2)(1)(a)  If a mobile home park owner offers a mobile home
372park for sale, she or he shall notify the officers of the
373homeowners' association created pursuant to ss. 723.075-723.079
374of the offer, stating the price and the terms and conditions of
375sale.
376     (b)  The mobile home owners, by and through the association
377defined in s. 723.075, shall have the right to purchase the
378park, provided the home owners meet the price and terms and
379conditions of the mobile home park owner by executing a contract
380with the park owner within 45 days, unless agreed to otherwise,
381from the date of mailing of the notice and provided they have
382complied with ss. 723.075-723.079. If a contract between the
383park owner and the association is not executed within such 45-
384day period, then, unless the park owner thereafter elects to
385offer the park at a price lower than the price specified in her
386or his notice to the officers of the homeowners' association,
387the park owner has no further obligations under this subsection,
388and her or his only obligation shall be as set forth in
389subsection (3) (2).
390     (c)  If the park owner thereafter elects to offer the park
391at a price lower than the price specified in her or his notice
392to the home owners, the home owners, by and through the
393association, will have an additional 10 days to meet the price
394and terms and conditions of the park owner by executing a
395contract.
396     (3)(2)  If a mobile home park owner receives a bona fide
397offer to purchase the park that she or he intends to consider or
398make a counteroffer to, the park owner's only obligation shall
399be to notify the officers of the homeowners' association that
400she or he has received an offer and disclose the price and
401material terms and conditions upon which she or he would
402consider selling the park and consider any offer made by the
403home owners, provided the home owners have complied with ss.
404723.075-723.079. The park owner shall be under no obligation to
405sell to the home owners or to interrupt or delay other
406negotiations and shall be free at any time to execute a contract
407for the sale of the park to a party or parties other than the
408home owners or the association.
409     (4)(3)(a)  As used in subsections (2) (1) and (3) (2), the
410term "notify" means the placing of a notice in the United States
411mail addressed to the officers of the homeowners' association.
412Each such notice shall be deemed to have been given upon the
413deposit of the notice in the United States mail.
414     (b)  As used in subsection (2) (1), the term "offer" means
415any solicitation by the park owner to the general public.
416     (5)(4)  This section does not apply to:
417     (a)  Any sale or transfer to a person who would be included
418within the table of descent and distribution if the park owner
419were to die intestate.
420     (b)  Any transfer by gift, devise, or operation of law.
421     (c)  Any transfer by a corporation to an affiliate. As used
422herein, the term "affiliate" means any shareholder of the
423transferring corporation; any corporation or entity owned or
424controlled, directly or indirectly, by the transferring
425corporation; or any other corporation or entity owned or
426controlled, directly or indirectly, by any shareholder of the
427transferring corporation.
428     (d)  Any transfer by a partnership to any of its partners.
429     (e)  Any conveyance of an interest in a mobile home park
430incidental to the financing of such mobile home park.
431     (f)  Any conveyance resulting from the foreclosure of a
432mortgage, deed of trust, or other instrument encumbering a
433mobile home park or any deed given in lieu of such foreclosure.
434     (g)  Any sale or transfer between or among joint tenants or
435tenants in common owning a mobile home park.
436     (h)  Any exchange of a mobile home park for other real
437property, whether or not such exchange also involves the payment
438of cash or other boot.
439     (i)  The purchase of a mobile home park by a governmental
440entity under its powers of eminent domain.
441     Section 9.  Subsection (1) of section 723.072, Florida
442Statutes, is amended to read:
443     723.072  Affidavit of compliance with statutory
444requirements.--
445     (1)  A park owner may at any time record, in the official
446records of the county where a mobile home park is situated, an
447affidavit in which the park owner certifies that:
448     (a)  With reference to an offer by him or her for the sale
449of such park, he or she has complied with the provisions of s.
450723.071(2)(1);
451     (b)  With reference to an offer received by him or her for
452the purchase of such park, or with reference to a counteroffer
453which he or she intends to make, or has made, for the sale of
454such park, he or she has complied with the provisions of s.
455723.071(3)(2);
456     (c)  Notwithstanding his or her compliance with the
457provisions of either subsection (2) (1) or subsection (3) (2) of
458s. 723.071, no contract has been executed for the sale of such
459park between himself or herself and the park homeowners'
460association;
461     (d)  The provisions of subsections (2) (1) and (3) (2) of
462s. 723.071 are inapplicable to a particular sale or transfer of
463such park by him or her, and compliance with such subsections is
464not required; or
465     (e)  A particular sale or transfer of such park is exempted
466from the provisions of this section and s. 723.071.
467
468Any party acquiring an interest in a mobile home park, and any
469and all title insurance companies and attorneys preparing,
470furnishing, or examining any evidence of title, have the
471absolute right to rely on the truth and accuracy of all
472statements appearing in such affidavit and are under no
473obligation to inquire further as to any matter or fact relating
474to the park owner's compliance with the provisions of s.
475723.071.
476     Section 10.  Section 723.083, Florida Statutes, is amended
477to read:
478     723.083  Governmental action affecting removal of mobile
479home owners.--
480     (1)  No agency of municipal, local, county, or state
481government shall approve any application for rezoning, or take
482any other official action, which would result in the removal or
483relocation of mobile home owners residing in a mobile home park
484without first determining that adequate mobile home parks or
485other suitable facilities exist for the relocation of the mobile
486home owners. The existence of adequate mobile home parks or
487other suitable facilities shall be substantiated in a written
488document provided by the agency.
489     (2)  The agency of municipal, local, county, or state
490government considering an application for rezoning or other
491official action shall make a written good faith estimate of the
492fiscal costs and benefits of rezoning or official action. The
493good faith estimate shall include, but need not be limited to,
494annual increases in property taxes or other revenue sources and
495any nonrecurring revenues or fees, including, but not limited
496to, impact fees, permit fees, connection fees, utility charges,
497or other revenues.
498     (3)  The written reports required under this section shall
499be made available to the public for inspection and copying at
500least 10 days prior to the scheduled meeting for consideration
501of any such rezoning or other official act.
502     Section 11.  The sum of $50 million is appropriated for
503fiscal year 2007-2008 from the State Housing Trust Fund to the
504State Housing Initiatives Partnership Program for the purposes
505of s. 420.9075(6), Florida Statutes, as created by this act.
506This section shall take effect July 1, 2007.
507     Section 12.  Effective July 1, 2007, the sum of $ 5 million
508is appropriated from the Local Government Housing Trust Fund to
509the Florida Housing Finance Corporation for distribution through
510the State Housing Initiatives Partnership Program,
511notwithstanding the provisions of ss. 420.9072 and 420.9073,
512Florida Statutes, for the purpose of providing funds to eligible
513teachers for affordable housing to assist in teacher retention
514and recruitment in accordance with s. 420.9075(6), Florida
515Statutes.
516     Section 13.  Except as otherwise expressly provided in this
517act, this act shall take effect upon becoming a law.


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