HB 609

1
A bill to be entitled
2An act relating to mobile home park lot tenancies;
3amending s. 723.031, F.S.; deleting cross-references to
4conform to changes made by the act; amending s. 723.0381,
5F.S.; authorizing the court to refer actions to binding
6arbitration under certain conditions; amending s. 723.059,
7F.S.; deleting a provision relating to mobile home park
8owners increasing rental amounts under certain conditions;
9amending s. 723.061, F.S., relating to grounds and
10proceedings for eviction; requiring a mobile home park
11owner to apply to the local government for change of use
12or rezoning under specified conditions; requiring such
13owner to provide a specified relocation plan; providing
14that such application and plan be provided to the park's
15homeowners' association; providing that a park owner may
16not give a notice of increase in lot rental amount during
17a specified period; deleting a provision relating to
18nonapplicability of certain provisions relating to
19governmental action affecting removal of mobile home
20owners; amending s. 723.071, F.S.; revising notice
21requirements relating to the sale of mobile home parks;
22revising provisions relating to a homeowners'
23association's right to purchase the mobile home park;
24increasing the number of days in which a contract must be
25executed for such sale; providing requirements for the
26purchase of the park by a homeowners' association;
27providing offer requirements; deleting definitions to
28conform to changes in such notice requirements; amending
29s. 723.083, F.S.; requiring an agency of municipal, local,
30county, or state government to first determine the
31existence of adequate mobile home parks or other
32monetarily comparable, suitable, and available facilities
33before approving any action that would result in the
34removal or relocation of mobile home owners residing in a
35mobile home park; providing an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Subsection (5) of section 723.031, Florida
40Statutes, is amended to read:
41     723.031  Mobile home lot rental agreements.--
42     (5)  The rental agreement shall contain the lot rental
43amount and services included. An increase in lot rental amount
44upon expiration of the term of the lot rental agreement shall be
45in accordance with ss. 723.033 and 723.037 or s. 723.059(4),
46whichever is applicable, provided that, pursuant to s.
47723.059(4), the amount of the lot rental increase is disclosed
48and agreed to by the purchaser, in writing. An increase in lot
49rental amount shall not be arbitrary or discriminatory between
50similarly situated tenants in the park. No lot rental amount may
51be increased during the term of the lot rental agreement,
52except:
53     (a)  When the manner of the increase is disclosed in a lot
54rental agreement with a term exceeding 12 months and which
55provides for such increases not more frequently than annually.
56     (b)  For pass-through charges as defined in s. 723.003(10).
57     (c)  That no charge may be collected that results in
58payment of money for sums previously collected as part of the
59lot rental amount. The provisions hereof notwithstanding, the
60mobile home park owner may pass on, at any time during the term
61of the lot rental agreement, ad valorem property taxes and
62utility charges, or increases of either, provided that the ad
63valorem property taxes and the utility charges are not otherwise
64being collected in the remainder of the lot rental amount and
65provided further that the passing on of such ad valorem taxes or
66utility charges, or increases of either, was disclosed prior to
67tenancy, was being passed on as a matter of custom between the
68mobile home park owner and the mobile home owner, or such
69passing on was authorized by law. Such ad valorem taxes and
70utility charges shall be a part of the lot rental amount as
71defined by this chapter. Other provisions of this chapter
72notwithstanding, pass-on charges may be passed on only within 1
73year of the date a mobile home park owner remits payment of the
74charge. A mobile home park owner is prohibited from passing on
75any fine, interest, fee, or increase in a charge resulting from
76a park owner's payment of the charge after the date such charges
77become delinquent. Nothing herein shall prohibit a park owner
78and a homeowner from mutually agreeing to an alternative manner
79of payment to the park owner of the charges.
80     Section 2.  Subsection (2) of section 723.0381, Florida
81Statutes, is amended to read:
82     723.0381  Civil actions; arbitration.--
83     (2)  The court may refer the action to nonbinding
84arbitration pursuant to s. 44.103, or, with the consent of both
85parties, to binding arbitration pursuant to s. 44.104, and the
86Florida Rules of Civil Procedure. The court shall order the
87hearing to be held informally with presentation of testimony
88kept to a minimum and matters presented to the arbitrators
89primarily through the statements and arguments of counsel. The
90court shall assess the parties equally to pay the compensation
91awarded to the arbitrators if neither party requests a trial de
92novo. If a party has filed for a trial de novo, the party shall
93be assessed the arbitration costs, court costs, and other
94reasonable costs of the opposing party, including attorney's
95fees, investigation expenses, and expenses for expert or other
96testimony or evidence incurred after the arbitration hearing if
97the judgment upon the trial de novo is not more favorable than
98the arbitration decision. If subsequent to arbitration a party
99files for a trial de novo, the arbitration decision may be made
100known to the judge only after he or she has entered his or her
101order on the merits.
102     Section 3.  Subsections (4) and (5) of section 723.059,
103Florida Statutes, are amended to read:
104     723.059  Rights of purchaser.--
105     (4)  However, nothing herein shall be construed to prohibit
106a mobile home park owner from increasing the rental amount to be
107paid by the purchaser upon the expiration of the assumed rental
108agreement in an amount deemed appropriate by the mobile home
109park owner, so long as such increase is disclosed to the
110purchaser prior to his or her occupancy and is imposed in a
111manner consistent with the initial offering circular or
112prospectus and this act.
113     (4)(5)  Lifetime leases, both those existing and those
114entered into after July 1, 1986, shall be nonassumable unless
115otherwise provided in the lot rental agreement or unless the
116transferee is the home owner's spouse. The renewal provisions in
117automatically renewable leases, both those existing and those
118entered into after July 1, 1986, are not assumable unless
119otherwise provided in the lease agreement.
120     Section 4.  Paragraph (d) of subsection (1) and subsections
121(3) through (5) of section 723.061, Florida Statutes, are
122amended to read:
123     723.061  Eviction; grounds, proceedings.--
124     (1)  A mobile home park owner may evict a mobile home
125owner, a mobile home tenant, a mobile home occupant, or a mobile
126home only on one or more of the grounds provided in this
127section.
128     (d)  Change in use of the land comprising the mobile home
129park, or the portion thereof from which mobile homes are to be
130evicted, from mobile home lot rentals to some other use,
131provided all tenants affected are given at least 6 months'
132notice of the projected change of use and of their need to
133secure other accommodations and provided the mobile home park
134owner has made application to the local government for change of
135use or rezoning. In an attachment to the application, the mobile
136home park owner shall provide a relocation plan indicating
137monetarily comparable locations for the displaced residents. The
138application and the attachment shall be provided to the park's
139homeowners' association. The notice shall include in a font no
140smaller than the body of the notice: YOU MAY BE ENTITLED TO
141COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND,
142ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION
143(FMHRC). FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA
144DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. The park
145owner may not give a notice of increase in lot rental amount
146within 90 days before giving notice of a change in use nor
147during the 6-month eviction notice term.
148     (3)  The provisions of s. 723.083 shall not be applicable
149to any park where the provisions of this subsection apply.
150     (3)(4)  A mobile home park owner applying for the removal
151of a mobile home owner, tenant, occupant, or a mobile home shall
152file, in the county court in the county where the mobile home
153lot is situated, a complaint describing the lot and stating the
154facts that authorize the removal of the mobile home owner,
155tenant, occupant, or the mobile home. The park owner is entitled
156to the summary procedure provided in s. 51.011, and the court
157shall advance the cause on the calendar.
158     (4)(5)  Any notice required by this section must be in
159writing, and must be posted on the premises and sent to the
160mobile home owner and tenant or occupant, as appropriate, by
161certified or registered mail, return receipt requested,
162addressed to the mobile home owner and tenant or occupant, as
163appropriate, at her or his last known address. Delivery of the
164mailed notice shall be deemed given 5 days after the date of
165postmark.
166     Section 5.  Section 723.071, Florida Statutes, is amended
167to read:
168     723.071  Sale of mobile home parks.--
169     (1)(a)  If a mobile home park owner intends to offer offers
170a mobile home park for sale, or if a mobile home park owner
171receives a bona fide offer to purchase the park that she or he
172intends to consider or make a counteroffer to, she or he shall
173notify, by certified mail, the officers of the homeowners'
174association created pursuant to ss. 723.075-723.079, and the
175Florida Housing Finance Corporation, of the offer, or of her or
176his intent to offer, stating the price and the terms and
177conditions of sale, provided the requirements of the homeowners'
178offer to purchase as set forth in subsection (2) have been met
179by the homeowners' association.
180     (b)  The mobile home owners, by and through the association
181defined in s. 723.075, shall have the right to purchase the
182park, and the mobile home park owner is obligated to sell to the
183home owners, provided the home owners meet the price and terms
184and conditions of the mobile home park owner by executing a
185contract with the park owner within 120 45 days, unless agreed
186to otherwise, from the date of mailing of the notice and
187provided they have complied with ss. 723.075-723.079. If a
188contract between the park owner and the association is not
189executed within such 120-day 45-day period, then, unless the
190park owner thereafter elects to offer the park at a price lower
191than the price specified in her or his notice to the officers of
192the homeowners' association, the park owner has no further
193obligations under this subsection, and her or his only
194obligation shall be as set forth in subsection (2).
195     (c)  If the park owner thereafter elects to offer the park
196at a price lower or higher than the price specified in her or
197his notice to the home owners, the home owners, by and through
198the association, will have an additional 21 10 days to meet the
199price and terms and conditions of the park owner by executing a
200contract. The homeowners, by and through the association, shall
201have 21 days to meet the price and terms and conditions of a
202counteroffer.
203     (2)  If the mobile home owners, by and through the
204association, have made a bona fide offer to purchase the park by
205certified mail to the mobile home park owner, the park owner is
206required to comply with the provisions of subsection (1). The
207offer to purchase must be renewed annually by certified mail to
208the park owner. The offer to purchase must include information
209about the number of home owners who are making the offer; the
210date, time, and place of the homeowners' association meeting
211determining such offer; and information concerning the ability
212of the home owners to purchase the park using a middle
213appraisal. If the homeowners' association has not made an offer
214to purchase by certified mail to the mobile home park owner, the
215park owner has no obligation to comply with the provisions of
216subsection (1). If a mobile home park owner receives a bona fide
217offer to purchase the park that she or he intends to consider or
218make a counteroffer to, the park owner's only obligation shall
219be to notify the officers of the homeowners' association that
220she or he has received an offer and disclose the price and
221material terms and conditions upon which she or he would
222consider selling the park and consider any offer made by the
223home owners, provided the home owners have complied with ss.
224723.075-723.079. The park owner shall be under no obligation to
225sell to the home owners or to interrupt or delay other
226negotiations and shall be free at any time to execute a contract
227for the sale of the park to a party or parties other than the
228home owners or the association.
229     (3)(a)  As used in subsections (1) and (2), the term
230"notify" means the placing of a notice in the United States mail
231addressed to the officers of the homeowners' association. Each
232such notice shall be deemed to have been given upon the deposit
233of the notice in the United States mail.
234     (b)  As used in subsection (1), the term "offer" means any
235solicitation by the park owner to the general public.
236     (3)(4)  This section does not apply to:
237     (a)  Any sale or transfer to a person who would be included
238within the table of descent and distribution if the park owner
239were to die intestate.
240     (b)  Any transfer by gift, devise, or operation of law.
241     (c)  Any transfer by a corporation to an affiliate. As used
242herein, the term "affiliate" means any shareholder of the
243transferring corporation; any corporation or entity owned or
244controlled, directly or indirectly, by the transferring
245corporation; or any other corporation or entity owned or
246controlled, directly or indirectly, by any shareholder of the
247transferring corporation.
248     (d)  Any transfer by a partnership to any of its partners.
249     (e)  Any conveyance of an interest in a mobile home park
250incidental to the financing of such mobile home park.
251     (f)  Any conveyance resulting from the foreclosure of a
252mortgage, deed of trust, or other instrument encumbering a
253mobile home park or any deed given in lieu of such foreclosure.
254     (g)  Any sale or transfer between or among joint tenants or
255tenants in common owning a mobile home park.
256     (h)  Any exchange of a mobile home park for other real
257property, whether or not such exchange also involves the payment
258of cash or other boot.
259     (i)  The purchase of a mobile home park by a governmental
260entity under its powers of eminent domain.
261     Section 6.  Section 723.083, Florida Statutes, is amended
262to read:
263     723.083  Governmental action affecting removal of mobile
264home owners.--No agency of municipal, local, county, or state
265government shall approve any application for rezoning, or take
266any other official action, which would result in the removal or
267relocation of mobile home owners residing in a mobile home park
268without first determining that adequate mobile home parks or
269other monetarily comparable, suitable, and available facilities
270exist for the relocation of the mobile home owners.
271     Section 7.  This act shall take effect July 1, 2009.


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