| 1 | A bill to be entitled |
| 2 | An act relating to mobile home park lot tenancies; |
| 3 | amending s. 723.0381, F.S.; authorizing the court to refer |
| 4 | actions to binding arbitration; providing that the |
| 5 | arbitration decision may be made known to a judge in a |
| 6 | trial de novo prior to the judge entering his or her order |
| 7 | on the merits; amending s. 723.061, F.S., relating to |
| 8 | grounds and proceedings for eviction; providing for |
| 9 | nonapplicability of certain provisions to certain persons |
| 10 | approved for payment by the Florida Mobile Home Relocation |
| 11 | Corporation; amending s. 723.0612, F.S., relating to |
| 12 | relocation expenses; revising payment amounts mobile home |
| 13 | owners are entitled to from the corporation under certain |
| 14 | circumstances; increasing the amounts mobile home owners |
| 15 | abandoning their mobile homes may collect from the |
| 16 | corporation; amending s. 723.071, F.S.; requiring mobile |
| 17 | home park owners receiving a bona fide offer for purchase |
| 18 | to notify the officers of the homeowners' association; |
| 19 | requiring a homeowners' association purchasing a mobile |
| 20 | home park to execute a contract for only the park that it |
| 21 | represents; authorizing a time extension for home owners |
| 22 | when a park owner changes the terms and conditions of the |
| 23 | offer to purchase the park; revising requirements with |
| 24 | respect to unsolicited offers; providing the homeowners' |
| 25 | association with the right of first refusal to purchase |
| 26 | the park in the event of an unsolicited offer; encouraging |
| 27 | mobile home owners to organize as homeowners' associations |
| 28 | to negotiate a right of first refusal with a park owner; |
| 29 | redefining the term "offer" for such purposes; providing a |
| 30 | limitation on an exception relating to transfers by |
| 31 | partnerships; amending s. 723.083, F.S.; revising |
| 32 | procedures providing for the removal or relocation of |
| 33 | mobile home owners; providing an effective date. |
| 34 |
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| 35 | Be It Enacted by the Legislature of the State of Florida: |
| 36 |
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| 37 | Section 1. Subsection (2) of section 723.0381, Florida |
| 38 | Statutes, is amended to read: |
| 39 | 723.0381 Civil actions; arbitration.- |
| 40 | (2) The court may refer the action to nonbinding |
| 41 | arbitration pursuant to s. 44.103 or to binding arbitration |
| 42 | pursuant to s. 44.104 and the Florida Rules of Civil Procedure. |
| 43 | The court shall order the hearing to be held informally with |
| 44 | presentation of testimony kept to a minimum and matters |
| 45 | presented to the arbitrators primarily through the statements |
| 46 | and arguments of counsel. The court shall assess the parties |
| 47 | equally to pay the compensation awarded to the arbitrators if |
| 48 | neither party requests a trial de novo. If a party has filed for |
| 49 | a trial de novo, the party shall be assessed the arbitration |
| 50 | costs, court costs, and other reasonable costs of the opposing |
| 51 | party, including attorney's fees, investigation expenses, and |
| 52 | expenses for expert or other testimony or evidence incurred |
| 53 | after the arbitration hearing if the judgment upon the trial de |
| 54 | novo is not more favorable than the arbitration decision. If |
| 55 | subsequent to arbitration a party files for a trial de novo, the |
| 56 | arbitration decision may be made known to the judge prior to |
| 57 | entering only after he or she has entered his or her order on |
| 58 | the merits. |
| 59 | Section 2. Subsection (3) of section 723.061, Florida |
| 60 | Statutes, is amended to read: |
| 61 | 723.061 Eviction; grounds, proceedings.- |
| 62 | (3) The provisions of s. 723.083 do shall not apply be |
| 63 | applicable to any person whose application for funding pursuant |
| 64 | to s. 723.0612(1) or (7) is approved for payment by the Florida |
| 65 | Mobile Home Relocation Corporation park where the provisions of |
| 66 | this 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 |
| 70 | park owner.- |
| 71 | (1) If a mobile home owner is required to move due to a |
| 72 | change in use of the land comprising the mobile home park as set |
| 73 | forth in s. 723.061(1)(d) and complies with the requirements of |
| 74 | this section, the mobile home owner is entitled to payment from |
| 75 | the Florida Mobile Home Relocation Corporation of: |
| 76 | (b) An amount equal to 60 percent of the lesser of three |
| 77 | written estimates of moving expenses provided by the mobile home |
| 78 | owner to the Florida Mobile Home Relocation Corporation. The |
| 79 | amount of $3,000 for a single-section mobile home or $6,000 for |
| 80 | a multisection mobile home, whichever is less. Moving expenses |
| 81 | include the cost of taking down, moving, and setting up the |
| 82 | mobile home in a new location. |
| 83 | (7) In lieu of collecting payment from the Florida Mobile |
| 84 | Home Relocation Corporation as set forth in subsection (1), a |
| 85 | mobile home owner may abandon the mobile home in the mobile home |
| 86 | park 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 |
| 88 | mobile home owner delivers to the park owner the current title |
| 89 | to the mobile home duly endorsed by the owner of record and |
| 90 | valid releases of all liens shown on the title. If a mobile home |
| 91 | owner chooses this option, the park owner shall make payment to |
| 92 | the corporation in an amount equal to the amount the mobile home |
| 93 | owner is entitled to under this subsection. The mobile home |
| 94 | owner's application for funds under this subsection shall |
| 95 | require the submission of a document signed by the park owner |
| 96 | stating that the home has been abandoned under this subsection |
| 97 | and that the park owner agrees to make payment to the |
| 98 | corporation in the amount provided to the home owner under this |
| 99 | subsection. However, in the event that the required documents |
| 100 | are not submitted with the application, the corporation may |
| 101 | consider the facts and circumstances surrounding the abandonment |
| 102 | of the home to determine whether the mobile home owner is |
| 103 | entitled to payment pursuant to this subsection. The mobile home |
| 104 | owner is not entitled to any compensation under this subsection |
| 105 | if there is a pending eviction action for nonpayment of lot |
| 106 | rental amount pursuant to s. 723.061(1)(a) which was filed |
| 107 | against him or her prior to the mailing date of the notice of |
| 108 | change in the use of the mobile home park given pursuant to s. |
| 109 | 723.061(1)(d). |
| 110 | Section 4. Subsections (1) through (3) and paragraph (d) |
| 111 | of subsection (4) of section 723.071, Florida Statutes, are |
| 112 | amended to read: |
| 113 | 723.071 Sale of mobile home parks.- |
| 114 | (1)(a) If a mobile home park owner offers a mobile home |
| 115 | park for sale or receives a bona fide offer for purchase, she or |
| 116 | he shall notify the officers of the homeowners' association |
| 117 | created pursuant to ss. 723.075-723.079 of the offer, stating |
| 118 | the price and the terms and conditions of sale. |
| 119 | (b) The mobile home owners, by and through the association |
| 120 | defined in s. 723.075, shall have the right to purchase the |
| 121 | park, provided the home owners meet the price and terms and |
| 122 | conditions of the mobile home park owner by executing a contract |
| 123 | with the park owner within 45 days, unless agreed to otherwise, |
| 124 | from the date of mailing of the notice and provided they have |
| 125 | complied with ss. 723.075-723.079. To exercise its right to |
| 126 | purchase the park, the homeowners' association shall execute a |
| 127 | contract for only the mobile home park that the homeowners' |
| 128 | association represents. If a contract between the park owner and |
| 129 | the association is not executed within such 45-day period, then, |
| 130 | unless the park owner thereafter elects to offer the park at a |
| 131 | price lower than the price specified in her or his notice to the |
| 132 | officers of the homeowners' association or elects to change the |
| 133 | terms and conditions of the offer, the park owner has no further |
| 134 | obligations under this subsection, and her or his only |
| 135 | obligation shall be as set forth in subsection (2). |
| 136 | (c) If the park owner thereafter elects to offer the park |
| 137 | at a price lower than the price specified in her or his notice |
| 138 | to the home owners or elects to change the terms and conditions |
| 139 | of the offer, the home owners, by and through the association, |
| 140 | will have an additional 10 days to meet the price and terms and |
| 141 | conditions of the park owner by executing a contract. |
| 142 | (2) If a mobile home park owner receives a bona fide offer |
| 143 | to purchase the park which that she or he intends to consider or |
| 144 | make a counteroffer to, the mobile home park owner must first |
| 145 | comply with subsection (1) park owner's only obligation shall be |
| 146 | to notify the officers of the homeowners' association that she |
| 147 | or he has received an offer and disclose the price and material |
| 148 | terms and conditions upon which she or he would consider selling |
| 149 | the park and consider any offer made by the home owners, |
| 150 | provided the home owners have complied with ss. 723.075-723.079. |
| 151 | Within 45 days after the date the mobile home park owner mails |
| 152 | notification of a bona fide offer for purchase, the homeowners' |
| 153 | association must be given the right of first refusal to meet the |
| 154 | price and terms and conditions required to execute a contract |
| 155 | with identical price and terms and conditions made in the |
| 156 | unsolicited offer for the mobile home park. The Legislature |
| 157 | encourages mobile home owners to organize as homeowners' |
| 158 | associations pursuant to s. 723.075 for the purpose of |
| 159 | negotiating a right of first refusal with a park owner. The park |
| 160 | owner shall be under no obligation to sell to the home owners or |
| 161 | to interrupt or delay other negotiations and shall be free at |
| 162 | any time to execute a contract for the sale of the park to a |
| 163 | party 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" |
| 166 | means the placing of a notice in the United States mail |
| 167 | addressed to the officers of the homeowners' association. Each |
| 168 | such notice shall be deemed to have been given upon the deposit |
| 169 | of the notice in the United States mail. |
| 170 | (b) As used in subsection (1), the term "Offer" means any |
| 171 | solicitation by the park owner to the general public or any |
| 172 | unsolicited 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. |
| 175 | However, this exception may not be used to avoid sale to the |
| 176 | homeowners' association. |
| 177 | Section 5. Section 723.083, Florida Statutes, is amended |
| 178 | to read: |
| 179 | 723.083 Governmental action affecting removal of mobile |
| 180 | home owners.-No agency of municipal, local, county, or state |
| 181 | government shall approve any application for rezoning, or take |
| 182 | any other official action, which would result in the removal or |
| 183 | relocation of mobile home owners residing in a mobile home park |
| 184 | without first determining that affordable, adequate mobile home |
| 185 | parks or other suitable facilities exist for the relocation of |
| 186 | the mobile home owners. An adequate mobile home park selected |
| 187 | for the relocation of the mobile home owners must be affordable |
| 188 | based on the income of very-low-income, low-income, or moderate- |
| 189 | income persons, as defined in s. 420.0004, and must be situated |
| 190 | within the same county. |
| 191 | Section 6. This act shall take effect July 1, 2010. |