Florida Senate - 2010                              CS for SB 362
       
       
       
       By the Committee on Regulated Industries; and Senator Detert
       
       
       
       
       580-04333-10                                           2010362c1
    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
    4         refer actions to binding arbitration; providing that
    5         the arbitration decision may be made known to a judge
    6         in a trial de novo prior to the judge entering his or
    7         her order on the merits; amending s. 723.061, F.S.,
    8         relating to grounds and proceedings for eviction;
    9         providing for nonapplicability of certain provisions
   10         to certain persons approved for payment by the Florida
   11         Mobile Home Relocation Corporation; amending s.
   12         723.0612, F.S., relating to relocation expenses;
   13         revising payment amounts mobile home owners are
   14         entitled to from the corporation under certain
   15         circumstances; increasing the amounts mobile home
   16         owners abandoning their mobile homes may collect from
   17         the corporation; amending s. 723.071, F.S.; requiring
   18         mobile home park owners receiving a bona fide offer
   19         for purchase to notify the officers of the homeowners’
   20         association; requiring a homeowners’ association
   21         purchasing a mobile home park to execute a contract
   22         for only the park that it represents; authorizing a
   23         time extension for home owners when a park owner
   24         changes the terms and conditions of the offer to
   25         purchase the park; revising requirements with respect
   26         to unsolicited offers; providing the homeowners’
   27         association with the right of first refusal to
   28         purchase the park in the event of an unsolicited
   29         offer; encouraging mobile home owners to organize as
   30         homeowners’ associations to negotiate a right of first
   31         refusal with a park owner; redefining the term “offer”
   32         for such purposes; providing a limitation on an
   33         exception relating to transfers by partnerships;
   34         amending s. 723.083, F.S.; revising procedures
   35         providing for the removal or relocation of mobile home
   36         owners; providing an effective date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsection (2) of section 723.0381, Florida
   41  Statutes, is amended to read:
   42         723.0381 Civil actions; arbitration.—
   43         (2) The court may refer the action to nonbinding
   44  arbitration pursuant to s. 44.103 or to binding arbitration
   45  pursuant to s. 44.104 and the Florida Rules of Civil Procedure.
   46  The court shall order the hearing to be held informally with
   47  presentation of testimony kept to a minimum and matters
   48  presented to the arbitrators primarily through the statements
   49  and arguments of counsel. The court shall assess the parties
   50  equally to pay the compensation awarded to the arbitrators if
   51  neither party requests a trial de novo. If a party has filed for
   52  a trial de novo, the party shall be assessed the arbitration
   53  costs, court costs, and other reasonable costs of the opposing
   54  party, including attorney’s fees, investigation expenses, and
   55  expenses for expert or other testimony or evidence incurred
   56  after the arbitration hearing if the judgment upon the trial de
   57  novo is not more favorable than the arbitration decision. If
   58  subsequent to arbitration a party files for a trial de novo, the
   59  arbitration decision may be made known to the judge prior to
   60  entering only after he or she has entered his or her order on
   61  the merits.
   62         Section 2. Subsection (3) of section 723.061, Florida
   63  Statutes, is amended to read:
   64         723.061 Eviction; grounds, proceedings.—
   65         (3) The provisions of s. 723.083 do shall not apply be
   66  applicable to any person whose application for funding pursuant
   67  to s. 723.0612(1) or (7) is approved for payment by the Florida
   68  Mobile Home Relocation Corporation park where the provisions of
   69  this subsection apply.
   70         Section 3. Paragraph (b) of subsection (1) and subsection
   71  (7) of section 723.0612, Florida Statutes, are amended to read:
   72         723.0612 Change in use; relocation expenses; payments by
   73  park owner.—
   74         (1) If a mobile home owner is required to move due to a
   75  change in use of the land comprising the mobile home park as set
   76  forth in s. 723.061(1)(d) and complies with the requirements of
   77  this section, the mobile home owner is entitled to payment from
   78  the Florida Mobile Home Relocation Corporation of:
   79         (b) An amount equal to 60 percent of the lesser of three
   80  written estimates of moving expenses provided by the mobile home
   81  owner to the Florida Mobile Home Relocation Corporation. The
   82  amount of $3,000 for a single-section mobile home or $6,000 for
   83  a multisection mobile home, whichever is less. Moving expenses
   84  include the cost of taking down, moving, and setting up the
   85  mobile home in a new location.
   86         (7) In lieu of collecting payment from the Florida Mobile
   87  Home Relocation Corporation as set forth in subsection (1), a
   88  mobile home owner may abandon the mobile home in the mobile home
   89  park and collect $2,800 $1,375 for a single section and $5,600
   90  $2,750 for a multisection from the corporation as long as the
   91  mobile home owner delivers to the park owner the current title
   92  to the mobile home duly endorsed by the owner of record and
   93  valid releases of all liens shown on the title. If a mobile home
   94  owner chooses this option, the park owner shall make payment to
   95  the corporation in an amount equal to the amount the mobile home
   96  owner is entitled to under this subsection. The mobile home
   97  owner’s application for funds under this subsection shall
   98  require the submission of a document signed by the park owner
   99  stating that the home has been abandoned under this subsection
  100  and that the park owner agrees to make payment to the
  101  corporation in the amount provided to the home owner under this
  102  subsection. However, in the event that the required documents
  103  are not submitted with the application, the corporation may
  104  consider the facts and circumstances surrounding the abandonment
  105  of the home to determine whether the mobile home owner is
  106  entitled to payment pursuant to this subsection. The mobile home
  107  owner is not entitled to any compensation under this subsection
  108  if there is a pending eviction action for nonpayment of lot
  109  rental amount pursuant to s. 723.061(1)(a) which was filed
  110  against him or her prior to the mailing date of the notice of
  111  change in the use of the mobile home park given pursuant to s.
  112  723.061(1)(d).
  113         Section 4. Subsections (1) through (3) and paragraph (d) of
  114  subsection (4) of section 723.071, Florida Statutes, are amended
  115  to read:
  116         723.071 Sale of mobile home parks.—
  117         (1)(a) If a mobile home park owner offers a mobile home
  118  park for sale or receives a bona fide offer for purchase, she or
  119  he shall notify the officers of the homeowners’ association
  120  created pursuant to ss. 723.075-723.079 of the offer, stating
  121  the price and the terms and conditions of sale.
  122         (b) The mobile home owners, by and through the association
  123  defined in s. 723.075, shall have the right to purchase the
  124  park, provided the home owners meet the price and terms and
  125  conditions of the mobile home park owner by executing a contract
  126  with the park owner within 45 days, unless agreed to otherwise,
  127  from the date of mailing of the notice and provided they have
  128  complied with ss. 723.075-723.079. To exercise its right to
  129  purchase the park, the homeowners’ association shall execute a
  130  contract for only the mobile home park that the homeowners’
  131  association represents. If a contract between the park owner and
  132  the association is not executed within such 45-day period, then,
  133  unless the park owner thereafter elects to offer the park at a
  134  price lower than the price specified in her or his notice to the
  135  officers of the homeowners’ association or elects to change the
  136  terms and conditions of the offer, the park owner has no further
  137  obligations under this subsection, and her or his only
  138  obligation shall be as set forth in subsection (2).
  139         (c) If the park owner thereafter elects to offer the park
  140  at a price lower than the price specified in her or his notice
  141  to the home owners or elects to change the terms and conditions
  142  of the offer, the home owners, by and through the association,
  143  will have an additional 10 days to meet the price and terms and
  144  conditions of the park owner by executing a contract.
  145         (2) If a mobile home park owner receives a bona fide offer
  146  to purchase the park which that she or he intends to consider or
  147  make a counteroffer to, the mobile home park owner must first
  148  comply with subsection (1) park owner’s only obligation shall be
  149  to notify the officers of the homeowners’ association that she
  150  or he has received an offer and disclose the price and material
  151  terms and conditions upon which she or he would consider selling
  152  the park and consider any offer made by the home owners,
  153  provided the home owners have complied with ss. 723.075-723.079.
  154  Within 45 days after the date the mobile home park owner mails
  155  notification of a bona fide offer for purchase, the homeowners’
  156  association must be given the right of first refusal to meet the
  157  price and terms and conditions required to execute a contract
  158  with identical price and terms and conditions made in the
  159  unsolicited offer for the mobile home park. The Legislature
  160  encourages mobile home owners to organize as homeowners’
  161  associations pursuant to s. 723.075 for the purpose of
  162  negotiating a right of first refusal with a park owner. The park
  163  owner shall be under no obligation to sell to the home owners or
  164  to interrupt or delay other negotiations and shall be free at
  165  any time to execute a contract for the sale of the park to a
  166  party or parties other than the home owners or the association.
  167         (3) As used in this section, the term:
  168         (a) As used in subsections (1) and (2), the term “Notify”
  169  means the placing of a notice in the United States mail
  170  addressed to the officers of the homeowners’ association. Each
  171  such notice shall be deemed to have been given upon the deposit
  172  of the notice in the United States mail.
  173         (b) As used in subsection (1), the term “Offer” means any
  174  solicitation by the park owner to the general public or any
  175  unsolicited offer to purchase the mobile home park.
  176         (4) This section does not apply to:
  177         (d) Any transfer by a partnership to any of its partners.
  178  However, this exception may not be used to avoid sale to the
  179  homeowners’ association.
  180         Section 5. Section 723.083, Florida Statutes, is amended to
  181  read:
  182         723.083 Governmental action affecting removal of mobile
  183  home owners.—No agency of municipal, local, county, or state
  184  government shall approve any application for rezoning, or take
  185  any other official action, which would result in the removal or
  186  relocation of mobile home owners residing in a mobile home park
  187  without first determining that affordable, adequate mobile home
  188  parks or other suitable facilities exist for the relocation of
  189  the mobile home owners. An adequate mobile home park selected
  190  for the relocation of the mobile home owners must be affordable
  191  based on the income of very-low-income, low-income, or moderate
  192  income persons, as defined in s. 420.0004, and must be situated
  193  within the same county.
  194         Section 6. This act shall take effect July 1, 2010.