| 1 | A bill to be entitled |
| 2 | An act relating to the mobile home relocation corporation; |
| 3 | amending s. 723.061, F.S.; providing notice requirements |
| 4 | for certain mobile home lot tenants regarding entitlement |
| 5 | to compensation from the Florida Mobile Home Relocation |
| 6 | Trust Fund; amending s. 723.06116, F.S.; providing for |
| 7 | late fees if a mobile home park owner does not make |
| 8 | payments to the Florida Mobile Home Relocation Corporation |
| 9 | within the required time period; authorizing the |
| 10 | corporation to file and maintain certain actions to |
| 11 | collect payments in Leon County; amending s. 723.0612, |
| 12 | F.S.; prohibiting approval of certain applications for |
| 13 | funding submitted by persons who have settled certain |
| 14 | claims or causes of action; providing certain time periods |
| 15 | within which an application for funding for relocation |
| 16 | expenses must be submitted to the corporation; providing |
| 17 | an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Paragraph (d) of subsection (1) of section |
| 22 | 723.061, Florida Statutes, is amended to read: |
| 23 | 723.061 Eviction; grounds, proceedings.-- |
| 24 | (1) A mobile home park owner may evict a mobile home |
| 25 | owner, a mobile home tenant, a mobile home occupant, or a mobile |
| 26 | home only on one or more of the grounds provided in this |
| 27 | section. |
| 28 | (d) Change in use of the land comprising the mobile home |
| 29 | park, or the portion thereof from which mobile homes are to be |
| 30 | evicted, from mobile home lot rentals to some other use, |
| 31 | provided all tenants affected are given at least 6 months' |
| 32 | notice of the projected change of use and of their need to |
| 33 | secure other accommodations. The notice shall include in a font |
| 34 | no smaller than the body of the notice: YOU MAY BE ENTITLED TO |
| 35 | COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, |
| 36 | ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION |
| 37 | (FMHRC). FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA |
| 38 | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. The park |
| 39 | owner may not give a notice of increase in lot rental amount |
| 40 | within 90 days before giving notice of a change in use. |
| 41 | Section 2. Subsection (1) of section 723.06116, Florida |
| 42 | Statutes, is amended, and subsection (4) is added to that |
| 43 | section, to read: |
| 44 | 723.06116 Payments to the Florida Mobile Home Relocation |
| 45 | Corporation.-- |
| 46 | (1) If a mobile home owner is required to move due to a |
| 47 | change in use of the land comprising a mobile home park as set |
| 48 | forth in s. 723.061(1)(d), the mobile home park owner shall, |
| 49 | upon such change in use, pay to the Florida Mobile Home |
| 50 | Relocation Corporation for deposit in the Florida Mobile Home |
| 51 | Relocation Trust Fund $2,750 for each single-section mobile home |
| 52 | and $3,750 for each multisection mobile home for which a mobile |
| 53 | home owner has made application for payment of moving expenses. |
| 54 | The mobile home park owner shall make the payments required by |
| 55 | this section and by s. 723.0612(7) to the corporation within 30 |
| 56 | days after receipt from the corporation of the invoice for |
| 57 | payment. Failure to make such payment within the required time |
| 58 | period shall result in a late fee being imposed. |
| 59 | (a) If payment is not submitted within 30 days after |
| 60 | receipt of the invoice, a 10-percent late fee shall be assessed. |
| 61 | (b) If payment is not submitted within 60 days after |
| 62 | receipt of the invoice, a 15-percent late fee shall be assessed. |
| 63 | (c) If payment is not submitted within 90 days after |
| 64 | receipt of the invoice, a 20-percent late fee shall be assessed. |
| 65 | (d) Any payment received 120 days or more after receipt of |
| 66 | the invoice shall include a 25-percent late fee. |
| 67 | (4) In any action brought by the corporation to collect |
| 68 | payments assessed under this chapter, the corporation may file |
| 69 | and maintain such action in Leon County. If the corporation is a |
| 70 | party in any other action, venue for such action shall be in |
| 71 | Leon County. |
| 72 | Section 3. Subsection (9) of section 723.0612, Florida |
| 73 | Statutes, is amended, and subsection (12) is added to that |
| 74 | section, to read: |
| 75 | 723.0612 Change in use; relocation expenses; payments by |
| 76 | park owner.-- |
| 77 | (9) Any person whose application for funding pursuant to |
| 78 | subsection (1) or subsection (7) is approved for payment by the |
| 79 | corporation shall be barred from asserting any claim or cause of |
| 80 | action under this chapter directly relating to or arising out of |
| 81 | the change in use of the mobile home park against the |
| 82 | corporation, the park owner, or the park owner's successors in |
| 83 | interest. No application for funding pursuant to subsection (1) |
| 84 | or subsection (7) shall be approved by the corporation if the |
| 85 | applicant has either filed a claim or cause of action, is |
| 86 | actively pursuing a claim or cause of action, has settled a |
| 87 | claim or cause of action, or has a judgment against the |
| 88 | corporation, the park owner, or the park owner's successors in |
| 89 | interest under this chapter directly relating to or arising out |
| 90 | of the change in use of the mobile home park, unless such claim |
| 91 | or cause of action is dismissed with prejudice. |
| 92 | (12) An application to the corporation for compensation |
| 93 | under subsection (1) or subsection (7) must be received within 1 |
| 94 | year after the expiration of the eviction period as established |
| 95 | in the notice required under s. 723.061(1)(d). If the applicant |
| 96 | files a claim or cause of action that disqualifies the applicant |
| 97 | under subsection (9) and the claim is subsequently dismissed, |
| 98 | the application must be received within 6 months following |
| 99 | filing of the dismissal with prejudice as required under |
| 100 | subsection (9). However, such an applicant must apply within 2 |
| 101 | years after the expiration of the eviction period as established |
| 102 | in the notice required under s. 723.061(1)(d). |
| 103 | Section 4. This act shall take effect upon becoming a law. |