1 | A bill to be entitled |
2 | An act relating to mobile home park tenancies; amending s. |
3 | 420.0003, F.S.; directing the Florida Housing Finance |
4 | Corporation to provide technical assistance to mobile home |
5 | owners in purchasing their mobile home park; amending s. |
6 | 420.502, F.S.; providing legislative findings; amending s. |
7 | 723.061, F.S.; revising procedures for mobile home owners |
8 | being provided eviction notice due to a change in use of |
9 | the land comprising the mobile home park; revising |
10 | application; requiring certain notice to the homeowners' |
11 | association; providing an effective date. |
12 |
|
13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
|
15 | Section 1. Paragraph (e) is added to subsection (4) of |
16 | section 420.0003, Florida Statutes, to read: |
17 | 420.0003 State housing strategy.- |
18 | (4) IMPLEMENTATION.-The Department of Community Affairs |
19 | and the Florida Housing Finance Corporation in carrying out the |
20 | strategy articulated herein shall have the following duties: |
21 | (e) The Florida Housing Finance Corporation shall use its |
22 | expertise to provide technical assistance to mobile home owners, |
23 | working through their homeowners' association formed and |
24 | operating pursuant to ss. 723.075-723.079, in purchasing their |
25 | mobile home park, including, but not limited to, the issuance of |
26 | bonds through a not-for-profit organization exempt under the |
27 | provisions of s. 501(c)(3) of the United States Internal Revenue |
28 | Code. Upon written request of mobile home owners working through |
29 | their homeowners' association formed and operating pursuant to |
30 | ss. 723.075-723.079, the Florida Housing Finance Corporation is |
31 | directed to provide technical assistance in creating the not- |
32 | for-profit organization to purchase their mobile home park. |
33 | Section 2. Subsection (9) is added to section 420.502, |
34 | Florida Statutes, to read: |
35 | 420.502 Legislative findings.-It is hereby found and |
36 | declared as follows: |
37 | (9) Mobile home parks are an essential element of |
38 | providing affordable housing in the state. |
39 | Section 3. Section 723.061, Florida Statutes, is amended |
40 | to read: |
41 | 723.061 Eviction; grounds, proceedings.- |
42 | (1) A mobile home park owner may evict a mobile home |
43 | owner, a mobile home tenant, a mobile home occupant, or a mobile |
44 | home only on one or more of the grounds provided in this |
45 | section. |
46 | (a) Nonpayment of lot rental amount. If a mobile home |
47 | owner or tenant, whichever is responsible, fails to pay the lot |
48 | rental amount when due and if the default continues for 5 days |
49 | after delivery of a written demand by the mobile home park owner |
50 | for payment of the lot rental amount, the park owner may |
51 | terminate the tenancy. However, if the mobile home owner or |
52 | tenant, whichever is responsible, pays the lot rental amount |
53 | due, including any late charges, court costs, and attorney's |
54 | fees, 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 |
67 | rule or regulation, rental agreement provision, or this chapter |
68 | which is found by any court having jurisdiction thereof to have |
69 | been an act which endangered the life, health, safety, or |
70 | property of the park residents or employees or the peaceful |
71 | enjoyment of the mobile home park by its residents, the mobile |
72 | home park owner may terminate the rental agreement, and the |
73 | mobile home owner, tenant, or occupant will have 7 days from the |
74 | date that the 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 |
110 | homeowners' association by United States mail. Within 45 days |
111 | after the date of mailing the notice, the homeowners' |
112 | association shall have the right to execute and deliver a |
113 | contract to the park owner to purchase the mobile home park |
114 | under the same price and terms and conditions as set forth in |
115 | the notice. The conditions in the notice may require the |
116 | purchase of other real estate that is contiguous or adjacent to |
117 | the mobile home park. If such contract between the park owner |
118 | and the homeowners' association is not executed and delivered to |
119 | the park owner within the 45-day period, the park owner shall be |
120 | under no further obligation to the homeowners' association under |
121 | this sub-subparagraph, and her or his only obligation shall be |
122 | as set forth in sub-subparagraph 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 | and mobile home tenants with all tenants affected are given at |
137 | least 6 months' notice of eviction due to the projected change |
138 | in of use and of their need 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 |
172 | to any park where the provisions of this subsection apply. |
173 | (3)(4) A mobile home park owner applying for the removal |
174 | of 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. |