CS/CS/HB 513

1
A bill to be entitled
2An act relating to mobile home park tenancies; amending s.
3420.0003, F.S.; directing the Florida Housing Finance
4Corporation to provide technical assistance to mobile home
5owners in purchasing their mobile home park; amending s.
6420.502, F.S.; providing legislative findings; amending s.
7723.061, F.S.; revising procedures for mobile home owners
8being provided eviction notice due to a change in use of
9the land comprising the mobile home park; revising
10application; requiring certain notice to the homeowners'
11association; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (e) is added to subsection (4) of
16section 420.0003, Florida Statutes, to read:
17     420.0003  State housing strategy.-
18     (4)  IMPLEMENTATION.-The Department of Community Affairs
19and the Florida Housing Finance Corporation in carrying out the
20strategy articulated herein shall have the following duties:
21     (e)  The Florida Housing Finance Corporation shall use its
22expertise to provide technical assistance to mobile home owners,
23working through their homeowners' association formed and
24operating pursuant to ss. 723.075-723.079, in purchasing their
25mobile home park, including, but not limited to, the issuance of
26bonds through a not-for-profit organization exempt under the
27provisions of s. 501(c)(3) of the United States Internal Revenue
28Code. Upon written request of mobile home owners working through
29their homeowners' association formed and operating pursuant to
30ss. 723.075-723.079, the Florida Housing Finance Corporation is
31directed to provide technical assistance in creating the not-
32for-profit organization to purchase their mobile home park.
33     Section 2.  Subsection (9) is added to section 420.502,
34Florida Statutes, to read:
35     420.502  Legislative findings.-It is hereby found and
36declared as follows:
37     (9)  Mobile home parks are an essential element of
38providing affordable housing in the state.
39     Section 3.  Section 723.061, Florida Statutes, is amended
40to read:
41     723.061  Eviction; grounds, proceedings.-
42     (1)  A mobile home park owner may evict a mobile home
43owner, a mobile home tenant, a mobile home occupant, or a mobile
44home only on one or more of the grounds provided in this
45section.
46     (a)  Nonpayment of lot rental amount. If a mobile home
47owner or tenant, whichever is responsible, fails to pay the lot
48rental amount when due and if the default continues for 5 days
49after delivery of a written demand by the mobile home park owner
50for payment of the lot rental amount, the park owner may
51terminate the tenancy. However, if the mobile home owner or
52tenant, whichever is responsible, pays the lot rental amount
53due, including any late charges, court costs, and attorney's
54fees, the court may, for good cause, deny the order of eviction,
55provided such nonpayment has not occurred more than twice.
56     (b)  Conviction of a violation of a federal or state law or
57local ordinance, which violation may be deemed detrimental to
58the health, safety, or welfare of other residents of the mobile
59home park. The mobile home owner or mobile home tenant will have
607 days from the date that notice to vacate is delivered to
61vacate the premises. This paragraph shall be grounds to deny an
62initial 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
65agreement, or this chapter.
66     1.  For the first violation of any properly promulgated
67rule or regulation, rental agreement provision, or this chapter
68which is found by any court having jurisdiction thereof to have
69been an act which endangered the life, health, safety, or
70property of the park residents or employees or the peaceful
71enjoyment of the mobile home park by its residents, the mobile
72home park owner may terminate the rental agreement, and the
73mobile home owner, tenant, or occupant will have 7 days from the
74date that the notice is delivered to vacate the premises.
75     2.  For a second violation of the same properly promulgated
76rule or regulation, rental agreement provision, or this chapter
77within 12 months, the mobile home park owner may terminate the
78tenancy if she or he has given the mobile home owner, tenant, or
79occupant written notice within 30 days of the first violation,
80which notice specified the actions of the mobile home owner,
81tenant, or occupant which caused the violation and gave the
82mobile home owner, tenant, or occupant 7 days to correct the
83noncompliance. The mobile home owner, tenant, or occupant must
84have received written notice of the ground upon which she or he
85is to be evicted at least 30 days prior to the date on which she
86or he is required to vacate. A second violation of a properly
87promulgated rule or regulation, rental agreement provision, or
88this chapter within 12 months of the first violation is
89unequivocally a ground for eviction, and it is not a defense to
90any eviction proceeding that a violation has been cured after
91the second violation. Violation of a rule or regulation, rental
92agreement provision, or this chapter after the passage of 1 year
93from the first violation of the same rule or regulation, rental
94agreement provision, or this chapter does not constitute a
95ground for eviction under this section.
96
97No properly promulgated rule or regulation may be arbitrarily
98applied and used as a ground for eviction.
99     (d)  Change in use of the land comprising the mobile home
100park, or the portion thereof from which mobile homes are to be
101evicted, from mobile home lot rentals to some other use,
102provided:
103     1.  The park owner gives written notice to the homeowners'
104association formed and operating pursuant to ss. 723.075-723.079
105of its right to purchase the mobile home park, if the land
106comprising the mobile home park is changing use from mobile home
107lot rentals to a different use, at the price and terms and
108conditions set forth in such written notice.
109     a.  Notice shall be given to the officers of the
110homeowners' association by United States mail. Within 45 days
111after the date of mailing the notice, the homeowners'
112association shall have the right to execute and deliver a
113contract to the park owner to purchase the mobile home park
114under the same price and terms and conditions as set forth in
115the notice. The conditions in the notice may require the
116purchase of other real estate that is contiguous or adjacent to
117the mobile home park. If such contract between the park owner
118and the homeowners' association is not executed and delivered to
119the park owner within the 45-day period, the park owner shall be
120under no further obligation to the homeowners' association under
121this sub-subparagraph, and her or his only obligation shall be
122as set forth in sub-subparagraph b.
123     b.  If the park owner elects to offer or sell the park at a
124price lower than the price specified in her or his initial
125notice to the officers of the homeowners' association, the
126homeowners' association shall have an additional 10 days to meet
127the revised price and terms and conditions of the park owner by
128executing and delivering the revised contract to the park owner.
129     c.  The park owner shall have no obligation under this
130paragraph or s. 723.071 to give any further notice to or to
131negotiate with the homeowners' association for the sale of the
132mobile home park to the homeowners' association after 6 months
133from the date of mailing the initial notice described in sub-
134subparagraph a.
135     2.  The park owner gives the affected mobile home owners
136and mobile home tenants with all tenants affected are given at
137least 6 months' notice of eviction due to the projected change
138in of use and of their need to secure other accommodations.
139     a.  The notice of eviction due to a change in use of the
140land may be given to the affected mobile home owners at the same
141time as or after the notice of a right to purchase the mobile
142home park has been given to the officers of the homeowners'
143association as set forth in subparagraph 1.a.
144     b.  The notice of eviction due to a change in use of the
145land shall include in a font no smaller than the body of the
146notice the following statement: YOU MAY BE ENTITLED TO
147COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND,
148ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION
149(FMHRC). FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA
150DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.
151     c.  The park owner may not give a notice of increase in lot
152rental amount within 90 days before giving notice of a change in
153use.
154     (e)  Failure of the purchaser, prospective tenant, or
155occupant of a mobile home situated in the mobile home park to be
156qualified as, and to obtain approval to become, a tenant or
157occupant of the home, if such approval is required by a properly
158promulgated rule. If a purchaser or prospective tenant of a
159mobile home situated in the mobile home park occupies the mobile
160home before approval is granted, the mobile home owner or mobile
161home tenant shall have 7 days from the date the notice of the
162failure to be approved for tenancy is delivered to vacate the
163premises.
164     (2)  In the event of eviction for change in of use,
165homeowners must object to the change in use by petitioning for
166administrative or judicial remedies within 90 days of the date
167of the notice or they will be barred from taking any subsequent
168action to contest the change in use. This provision shall not be
169construed to prevent any homeowner from objecting to a zoning
170change at any time.
171     (3)  The provisions of s. 723.083 shall not be applicable
172to any park where the provisions of this subsection apply.
173     (3)(4)  A mobile home park owner applying for the removal
174of a mobile home owner, tenant, occupant, or a mobile home shall
175file, in the county court in the county where the mobile home
176lot is situated, a complaint describing the lot and stating the
177facts that authorize the removal of the mobile home owner,
178tenant, occupant, or the mobile home. The park owner is entitled
179to the summary procedure provided in s. 51.011, and the court
180shall advance the cause on the calendar.
181     (4)(5)  Except for the notice to the officers of the
182homeowners' association as provided in subparagraph (1)(d)1.,
183any notice required by this section must be in writing, and must
184be posted on the premises and sent to the mobile home owner and
185tenant or occupant, as appropriate, by certified or registered
186mail, return receipt requested, addressed to the mobile home
187owner and tenant or occupant, as appropriate, at her or his last
188known address. Delivery of the mailed notice shall be deemed
189given 5 days after the date of postmark.
190     Section 4.  This act shall take effect July 1, 2010.


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