HB 1077

1
A bill to be entitled
2An act relating to mobile home park lot tenancies;
3amending s. 723.0381, F.S.; authorizing the court to refer
4actions to binding arbitration; providing that the
5arbitration decision may be made known to a judge in a
6trial de novo prior to the judge entering his or her order
7on the merits; amending s. 723.061, F.S., relating to
8grounds and proceedings for eviction; providing for
9nonapplicability of certain provisions to certain persons
10approved for payment by the Florida Mobile Home Relocation
11Corporation; amending s. 723.0612, F.S., relating to
12relocation expenses; revising payment amounts mobile home
13owners are entitled to from the corporation under certain
14circumstances; increasing the amounts mobile home owners
15abandoning their mobile homes may collect from the
16corporation; amending s. 723.071, F.S.; requiring mobile
17home park owners receiving a bona fide offer for purchase
18to notify the officers of the homeowners' association;
19requiring a homeowners' association purchasing a mobile
20home park to execute a contract for only the park that it
21represents; authorizing a time extension for home owners
22when a park owner changes the terms and conditions of the
23offer to purchase the park; revising requirements with
24respect to unsolicited offers; providing the homeowners'
25association with the right of first refusal to purchase
26the park in the event of an unsolicited offer; encouraging
27mobile home owners to organize as homeowners' associations
28to negotiate a right of first refusal with a park owner;
29redefining the term "offer" for such purposes; providing a
30limitation on an exception relating to transfers by
31partnerships; amending s. 723.083, F.S.; revising
32procedures providing for the removal or relocation of
33mobile home owners; providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  Subsection (2) of section 723.0381, Florida
38Statutes, is amended to read:
39     723.0381  Civil actions; arbitration.-
40     (2)  The court may refer the action to nonbinding
41arbitration pursuant to s. 44.103 or to binding arbitration
42pursuant to s. 44.104 and the Florida Rules of Civil Procedure.
43The court shall order the hearing to be held informally with
44presentation of testimony kept to a minimum and matters
45presented to the arbitrators primarily through the statements
46and arguments of counsel. The court shall assess the parties
47equally to pay the compensation awarded to the arbitrators if
48neither party requests a trial de novo. If a party has filed for
49a trial de novo, the party shall be assessed the arbitration
50costs, court costs, and other reasonable costs of the opposing
51party, including attorney's fees, investigation expenses, and
52expenses for expert or other testimony or evidence incurred
53after the arbitration hearing if the judgment upon the trial de
54novo is not more favorable than the arbitration decision. If
55subsequent to arbitration a party files for a trial de novo, the
56arbitration decision may be made known to the judge prior to
57entering only after he or she has entered his or her order on
58the merits.
59     Section 2.  Subsection (3) of section 723.061, Florida
60Statutes, is amended to read:
61     723.061  Eviction; grounds, proceedings.-
62     (3)  The provisions of s. 723.083 do shall not apply be
63applicable to any person whose application for funding pursuant
64to s. 723.0612(1) or (7) is approved for payment by the Florida
65Mobile Home Relocation Corporation park where the provisions of
66this subsection apply.
67     Section 3.  Paragraph (b) of subsection (1) and subsection
68(7) of section 723.0612, Florida Statutes, are amended to read:
69     723.0612  Change in use; relocation expenses; payments by
70park owner.-
71     (1)  If a mobile home owner is required to move due to a
72change in use of the land comprising the mobile home park as set
73forth in s. 723.061(1)(d) and complies with the requirements of
74this section, the mobile home owner is entitled to payment from
75the Florida Mobile Home Relocation Corporation of:
76     (b)  An amount equal to 60 percent of the lesser of three
77written estimates of moving expenses provided by the mobile home
78owner to the Florida Mobile Home Relocation Corporation. The
79amount of $3,000 for a single-section mobile home or $6,000 for
80a multisection mobile home, whichever is less. Moving expenses
81include the cost of taking down, moving, and setting up the
82mobile home in a new location.
83     (7)  In lieu of collecting payment from the Florida Mobile
84Home Relocation Corporation as set forth in subsection (1), a
85mobile home owner may abandon the mobile home in the mobile home
86park and collect $2,800 $1,375 for a single section and $5,600
87$2,750 for a multisection from the corporation as long as the
88mobile home owner delivers to the park owner the current title
89to the mobile home duly endorsed by the owner of record and
90valid releases of all liens shown on the title. If a mobile home
91owner chooses this option, the park owner shall make payment to
92the corporation in an amount equal to the amount the mobile home
93owner is entitled to under this subsection. The mobile home
94owner's application for funds under this subsection shall
95require the submission of a document signed by the park owner
96stating that the home has been abandoned under this subsection
97and that the park owner agrees to make payment to the
98corporation in the amount provided to the home owner under this
99subsection. However, in the event that the required documents
100are not submitted with the application, the corporation may
101consider the facts and circumstances surrounding the abandonment
102of the home to determine whether the mobile home owner is
103entitled to payment pursuant to this subsection. The mobile home
104owner is not entitled to any compensation under this subsection
105if there is a pending eviction action for nonpayment of lot
106rental amount pursuant to s. 723.061(1)(a) which was filed
107against him or her prior to the mailing date of the notice of
108change in the use of the mobile home park given pursuant to s.
109723.061(1)(d).
110     Section 4.  Subsections (1) through (3) and paragraph (d)
111of subsection (4) of section 723.071, Florida Statutes, are
112amended to read:
113     723.071  Sale of mobile home parks.-
114     (1)(a)  If a mobile home park owner offers a mobile home
115park for sale or receives a bona fide offer for purchase, she or
116he shall notify the officers of the homeowners' association
117created pursuant to ss. 723.075-723.079 of the offer, stating
118the price and the terms and conditions of sale.
119     (b)  The mobile home owners, by and through the association
120defined in s. 723.075, shall have the right to purchase the
121park, provided the home owners meet the price and terms and
122conditions of the mobile home park owner by executing a contract
123with the park owner within 45 days, unless agreed to otherwise,
124from the date of mailing of the notice and provided they have
125complied with ss. 723.075-723.079. To exercise its right to
126purchase the park, the homeowners' association shall execute a
127contract for only the mobile home park that the homeowners'
128association represents. If a contract between the park owner and
129the association is not executed within such 45-day period, then,
130unless the park owner thereafter elects to offer the park at a
131price lower than the price specified in her or his notice to the
132officers of the homeowners' association or elects to change the
133terms and conditions of the offer, the park owner has no further
134obligations under this subsection, and her or his only
135obligation shall be as set forth in subsection (2).
136     (c)  If the park owner thereafter elects to offer the park
137at a price lower than the price specified in her or his notice
138to the home owners or elects to change the terms and conditions
139of the offer, the home owners, by and through the association,
140will have an additional 10 days to meet the price and terms and
141conditions of the park owner by executing a contract.
142     (2)  If a mobile home park owner receives a bona fide offer
143to purchase the park which that she or he intends to consider or
144make a counteroffer to, the mobile home park owner must first
145comply with subsection (1) park owner's only obligation shall be
146to notify the officers of the homeowners' association that she
147or he has received an offer and disclose the price and material
148terms and conditions upon which she or he would consider selling
149the park and consider any offer made by the home owners,
150provided the home owners have complied with ss. 723.075-723.079.
151Within 45 days after the date the mobile home park owner mails
152notification of a bona fide offer for purchase, the homeowners'
153association must be given the right of first refusal to meet the
154price and terms and conditions required to execute a contract
155with identical price and terms and conditions made in the
156unsolicited offer for the mobile home park. The Legislature
157encourages mobile home owners to organize as homeowners'
158associations pursuant to s. 723.075 for the purpose of
159negotiating a right of first refusal with a park owner. The park
160owner shall be under no obligation to sell to the home owners or
161to interrupt or delay other negotiations and shall be free at
162any time to execute a contract for the sale of the park to a
163party or parties other than the home owners or the association.
164     (3)  As used in this section, the term:
165     (a)  As used in subsections (1) and (2), the term "Notify"
166means the placing of a notice in the United States mail
167addressed to the officers of the homeowners' association. Each
168such notice shall be deemed to have been given upon the deposit
169of the notice in the United States mail.
170     (b)  As used in subsection (1), the term "Offer" means any
171solicitation by the park owner to the general public or any
172unsolicited offer to purchase the mobile home park.
173     (4)  This section does not apply to:
174     (d)  Any transfer by a partnership to any of its partners.
175However, this exception may not be used to avoid sale to the
176homeowners' association.
177     Section 5.  Section 723.083, Florida Statutes, is amended
178to read:
179     723.083  Governmental action affecting removal of mobile
180home owners.-No agency of municipal, local, county, or state
181government shall approve any application for rezoning, or take
182any other official action, which would result in the removal or
183relocation of mobile home owners residing in a mobile home park
184without first determining that affordable, adequate mobile home
185parks or other suitable facilities exist for the relocation of
186the mobile home owners. An adequate mobile home park selected
187for the relocation of the mobile home owners must be affordable
188based on the income of very-low-income, low-income, or moderate-
189income persons, as defined in s. 420.0004, and must be situated
190within the same county.
191     Section 6.  This act shall take effect July 1, 2010.


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