Florida Senate - 2010               CS for CS for CS for SB 1016
       
       
       
       By the Committees on Judiciary; Community Affairs; and Regulated
       Industries; and Senator Jones
       
       
       
       590-03228-10                                          20101016c3
    1                        A bill to be entitled                      
    2         An act relating to mobile home park tenancies;
    3         amending s. 420.0003, F.S.; directing the Florida
    4         Housing Finance Corporation to provide technical
    5         assistance to mobile home owners in purchasing their
    6         mobile home park; amending s. 420.502, F.S.; providing
    7         legislative findings; amending s. 723.061, F.S.;
    8         revising procedures for mobile home owners being
    9         provided an eviction notice due to a change in use of
   10         the land comprising the mobile home park; requiring
   11         certain notice to the homeowners’ association;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (e) is added to subsection (4) of
   17  section 420.0003, Florida Statutes, to read:
   18         420.0003 State housing strategy.—
   19         (4) IMPLEMENTATION.—The Department of Community Affairs and
   20  the Florida Housing Finance Corporation in carrying out the
   21  strategy articulated herein shall have the following duties:
   22         (e)The Florida Housing Finance Corporation shall use its
   23  expertise to provide technical assistance to mobile home owners,
   24  working through their homeowners’ association formed and
   25  operating pursuant to ss. 723.075-723.079, in purchasing their
   26  mobile home park, including, but not limited to, the issuance of
   27  bonds through a not-for-profit organization exempt under the
   28  provisions of s. 501(c)(3) of the United States Internal Revenue
   29  Code. Upon written request of mobile home owners working through
   30  their homeowners’ association formed and operating pursuant to
   31  ss. 723.075-723.079, the Florida Housing Finance Corporation is
   32  directed to provide technical assistance in creating the not
   33  for-profit organization to purchase their mobile home park.
   34         Section 2. Subsection (9) is added to section 420.502,
   35  Florida Statutes, to read:
   36         420.502 Legislative findings.—It is hereby found and
   37  declared as follows:
   38         (9) Mobile home parks are an essential element of providing
   39  affordable housing in the state.
   40         Section 3. Section 723.061, Florida Statutes, is amended to
   41  read:
   42         723.061 Eviction; grounds, proceedings.—
   43         (1) A mobile home park owner may evict a mobile home owner,
   44  a mobile home tenant, a mobile home occupant, or a mobile home
   45  only on one or more of the grounds provided in this section.
   46         (a) Nonpayment of lot rental amount. If a mobile home owner
   47  or tenant, whichever is responsible, fails to pay the lot rental
   48  amount when due and if the default continues for 5 days after
   49  delivery of a written demand by the mobile home park owner for
   50  payment of the lot rental amount, the park owner may terminate
   51  the tenancy. However, if the mobile home owner or tenant,
   52  whichever is responsible, pays the lot rental amount due,
   53  including any late charges, court costs, and attorney’s fees,
   54  the court may, for good cause, deny the order of eviction,
   55  provided such nonpayment has not occurred more than twice.
   56         (b) Conviction of a violation of a federal or state law or
   57  local ordinance, which violation may be deemed detrimental to
   58  the health, safety, or welfare of other residents of the mobile
   59  home park. The mobile home owner or mobile home tenant will have
   60  7 days from the date that notice to vacate is delivered to
   61  vacate the premises. This paragraph shall be grounds to deny an
   62  initial tenancy of a purchaser of a home pursuant to paragraph
   63  (e) or to evict an unapproved occupant of a home.
   64         (c) Violation of a park rule or regulation, the rental
   65  agreement, or this chapter.
   66         1. For the first violation of any properly promulgated rule
   67  or regulation, rental agreement provision, or this chapter which
   68  is found by any court having jurisdiction thereof to have been
   69  an act which endangered the life, health, safety, or property of
   70  the park residents or employees or the peaceful enjoyment of the
   71  mobile home park by its residents, the mobile home park owner
   72  may terminate the rental agreement, and the mobile home owner,
   73  tenant, or occupant will have 7 days from the date that the
   74  notice is delivered to vacate the premises.
   75         2. For a second violation of the same properly promulgated
   76  rule or regulation, rental agreement provision, or this chapter
   77  within 12 months, the mobile home park owner may terminate the
   78  tenancy if she or he has given the mobile home owner, tenant, or
   79  occupant written notice within 30 days of the first violation,
   80  which notice specified the actions of the mobile home owner,
   81  tenant, or occupant which caused the violation and gave the
   82  mobile home owner, tenant, or occupant 7 days to correct the
   83  noncompliance. The mobile home owner, tenant, or occupant must
   84  have received written notice of the ground upon which she or he
   85  is to be evicted at least 30 days prior to the date on which she
   86  or he is required to vacate. A second violation of a properly
   87  promulgated rule or regulation, rental agreement provision, or
   88  this chapter within 12 months of the first violation is
   89  unequivocally a ground for eviction, and it is not a defense to
   90  any eviction proceeding that a violation has been cured after
   91  the second violation. Violation of a rule or regulation, rental
   92  agreement provision, or this chapter after the passage of 1 year
   93  from the first violation of the same rule or regulation, rental
   94  agreement provision, or this chapter does not constitute a
   95  ground for eviction under this section.
   96  
   97  No properly promulgated rule or regulation may be arbitrarily
   98  applied and used as a ground for eviction.
   99         (d) Change in use of the land comprising the mobile home
  100  park, or the portion thereof from which mobile homes are to be
  101  evicted, from mobile home lot rentals to some other use,
  102  provided:
  103         1. The park owner gives written notice to the homeowners’
  104  association formed and operating pursuant to ss. 723.075-723.079
  105  of its right to purchase the mobile home park, if the land
  106  comprising the mobile home park is changing use from mobile home
  107  lot rentals to a different use, at the price and terms and
  108  conditions set forth in such written notice.
  109         a. Notice shall be given to the officers of the homeowners’
  110  association by United States mail. Within 45 days after the date
  111  of mailing the notice, the homeowners’ association shall have
  112  the right to execute and deliver a contract to the park owner to
  113  purchase the mobile home park under the same price and terms and
  114  conditions as set forth in the notice. The conditions in the
  115  notice may require the purchase of other real estate that is
  116  contiguous or adjacent to the mobile home park. If such contract
  117  between the park owner and the homeowners’ association is not
  118  executed and delivered to the park owner within the 45-day
  119  period, the park owner shall be under no further obligation to
  120  the homeowners’ association under this sub-subparagraph, and her
  121  or his only obligation shall be as set forth in sub-subparagraph
  122  b.
  123         b. If the park owner elects to offer or sell the park at a
  124  price lower than the price specified in her or his initial
  125  notice to the officers of the homeowners’ association, the
  126  homeowners’ association shall have an additional 10 days to meet
  127  the revised price and terms and conditions of the park owner by
  128  executing and delivering the revised contract to the park owner.
  129         c. The park owner shall have no obligation under this
  130  paragraph or s. 723.071 to give any further notice to or to
  131  negotiate with the homeowners’ association for the sale of the
  132  mobile home park to the homeowners’ association after 6 months
  133  from the date of mailing the initial notice described in sub
  134  subparagraph a.
  135         2. The park owner gives the affected mobile home owners
  136  with all tenants affected are given at least 6 months’ notice of
  137  eviction due to the projected change in of use and of their need
  138  to secure other accommodations.
  139         a. The notice of eviction due to a change in use of the
  140  land may be given to the affected mobile home owners at the same
  141  time as or after the notice of a right to purchase the mobile
  142  home park has been given to the officers of the homeowners’
  143  association as set forth in subparagraph 1.a.
  144         b. The notice of eviction due to a change in use of the
  145  land shall include in a font no smaller than the body of the
  146  notice the following statement: YOU MAY BE ENTITLED TO
  147  COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND,
  148  ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION
  149  (FMHRC). FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA
  150  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.
  151         c. The park owner may not give a notice of increase in lot
  152  rental amount within 90 days before giving notice of a change in
  153  use.
  154         (e) Failure of the purchaser, prospective tenant, or
  155  occupant of a mobile home situated in the mobile home park to be
  156  qualified as, and to obtain approval to become, a tenant or
  157  occupant of the home, if such approval is required by a properly
  158  promulgated rule. If a purchaser or prospective tenant of a
  159  mobile home situated in the mobile home park occupies the mobile
  160  home before approval is granted, the mobile home owner or mobile
  161  home tenant shall have 7 days from the date the notice of the
  162  failure to be approved for tenancy is delivered to vacate the
  163  premises.
  164         (2) In the event of eviction for change in of use,
  165  homeowners must object to the change in use by petitioning for
  166  administrative or judicial remedies within 90 days of the date
  167  of the notice or they will be barred from taking any subsequent
  168  action to contest the change in use. This provision shall not be
  169  construed to prevent any homeowner from objecting to a zoning
  170  change at any time.
  171         (3) The provisions of s. 723.083 shall not be applicable to
  172  any park where the provisions of this subsection apply.
  173         (3)(4) A mobile home park owner applying for the removal of
  174  a mobile home owner, tenant, occupant, or a mobile home shall
  175  file, in the county court in the county where the mobile home
  176  lot is situated, a complaint describing the lot and stating the
  177  facts that authorize the removal of the mobile home owner,
  178  tenant, occupant, or the mobile home. The park owner is entitled
  179  to the summary procedure provided in s. 51.011, and the court
  180  shall advance the cause on the calendar.
  181         (4)(5)Except for the notice to the officers of the
  182  homeowners’ association as provided in subparagraph (1)(d)1.,
  183  any notice required by this section must be in writing, and must
  184  be posted on the premises and sent to the mobile home owner and
  185  tenant or occupant, as appropriate, by certified or registered
  186  mail, return receipt requested, addressed to the mobile home
  187  owner and tenant or occupant, as appropriate, at her or his last
  188  known address. Delivery of the mailed notice shall be deemed
  189  given 5 days after the date of postmark.
  190         Section 4. This act shall take effect July 1, 2010.