| 1 | A bill to be entitled |
| 2 | An act relating to mobile home park lot tenancies; |
| 3 | creating s. 723.024, F.S.; providing for local enforcement |
| 4 | of violations of provisions establishing the obligations |
| 5 | of mobile home park owners and mobile home owners; |
| 6 | prohibiting liens, penalties, fines, or other |
| 7 | administrative or civil proceedings against one party or |
| 8 | that party's property for a duty or responsibility of the |
| 9 | other party; amending s. 723.061, F.S.; revising |
| 10 | provisions relating to grounds and proceedings for |
| 11 | eviction; revising procedures for mobile home owners being |
| 12 | provided eviction notice due to a change in use of the |
| 13 | land comprising the mobile home park or the portion |
| 14 | thereof from which mobile homes are to be evicted; |
| 15 | providing requirements of the park owner and requirements |
| 16 | and rights of an applicable homeowners' association with |
| 17 | respect to the sale of the mobile home park under a change |
| 18 | in use eviction; deleting a provision relating to |
| 19 | governmental action affecting the removal of mobile home |
| 20 | owners; providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Section 723.024, Florida Statutes, is created |
| 25 | to read: |
| 26 | 723.024 Compliance by mobile home park owners and mobile |
| 27 | home owners.-Notwithstanding any other provision of this chapter |
| 28 | or of any local law, ordinance, or code: |
| 29 | (1) If a unit of local government finds that a violation |
| 30 | of s. 723.022 or s. 723.023 has occurred, the unit of local |
| 31 | government shall cite the responsible party for the violation |
| 32 | and enforce the citation under its local code and ordinance |
| 33 | enforcement authority. |
| 34 | (2) A lien, penalty, fine, or other administrative or |
| 35 | civil proceeding may not be brought against a mobile home owner |
| 36 | or mobile home for any duty or responsibility of the mobile home |
| 37 | park owner under s. 723.022 or against a mobile home park owner |
| 38 | or mobile home park property for any duty or responsibility of |
| 39 | the mobile home owner under s. 723.023. |
| 40 | Section 2. Section 723.061, Florida Statutes, is amended |
| 41 | to read: |
| 42 | 723.061 Eviction; grounds, proceedings.- |
| 43 | (1) A mobile home park owner may evict a mobile home |
| 44 | owner, a mobile home tenant, a mobile home occupant, or a mobile |
| 45 | home only on one or more of the following grounds: provided in |
| 46 | this section. |
| 47 | (a) Nonpayment of the lot rental amount. If a mobile home |
| 48 | owner or tenant, whichever is responsible, fails to pay the lot |
| 49 | rental amount when due and if the default continues for 5 days |
| 50 | after delivery of a written demand by the mobile home park owner |
| 51 | for payment of the lot rental amount, the park owner may |
| 52 | terminate the tenancy. However, if the mobile home owner or |
| 53 | tenant, whichever is responsible, pays the lot rental amount |
| 54 | due, including any late charges, court costs, and attorney's |
| 55 | fees, the court may, for good cause, deny the order of eviction, |
| 56 | if provided such nonpayment has not occurred more than twice. |
| 57 | (b) Conviction of a violation of a federal or state law or |
| 58 | local ordinance, if the which violation is may be deemed |
| 59 | detrimental to the health, safety, or welfare of other residents |
| 60 | of the mobile home park. The mobile home owner or mobile home |
| 61 | tenant must vacate the premises within will have 7 days after |
| 62 | from the date the that notice to vacate is delivered to vacate |
| 63 | the premises. This paragraph constitutes shall be grounds to |
| 64 | deny an initial tenancy of a purchaser of a home under pursuant |
| 65 | to paragraph (e) or to evict an unapproved occupant of a home. |
| 66 | (c) Violation of a park rule or regulation, the rental |
| 67 | agreement, or this chapter. |
| 68 | 1. For the first violation of any properly promulgated |
| 69 | rule or regulation, rental agreement provision, or this chapter |
| 70 | which is found by any court of competent having jurisdiction |
| 71 | thereof to have been an act that which endangered the life, |
| 72 | health, safety, or property of the park residents or employees |
| 73 | or the peaceful enjoyment of the mobile home park by its |
| 74 | residents, the mobile home park owner may terminate the rental |
| 75 | agreement, and the mobile home owner, tenant, or occupant must |
| 76 | vacate the premises within will have 7 days after from the date |
| 77 | that the notice to vacate is delivered to vacate the premises. |
| 78 | 2. For a second violation of the same properly promulgated |
| 79 | rule or regulation, rental agreement provision, or this chapter |
| 80 | within 12 months, the mobile home park owner may terminate the |
| 81 | tenancy if she or he has given the mobile home owner, tenant, or |
| 82 | occupant written notice, within 30 days after of the first |
| 83 | violation, which notice specified the actions of the mobile home |
| 84 | owner, tenant, or occupant that which caused the violation and |
| 85 | gave the mobile home owner, tenant, or occupant 7 days to |
| 86 | correct the noncompliance. The mobile home owner, tenant, or |
| 87 | occupant must have received written notice of the ground upon |
| 88 | which she or he is to be evicted at least 30 days prior to the |
| 89 | date on which she or he is required to vacate. A second |
| 90 | violation of a properly promulgated rule or regulation, rental |
| 91 | agreement provision, or this chapter within 12 months of the |
| 92 | first violation is unequivocally a ground for eviction, and it |
| 93 | is not a defense to any eviction proceeding that a violation has |
| 94 | been cured after the second violation. Violation of a rule or |
| 95 | regulation, rental agreement provision, or this chapter more |
| 96 | than after the passage of 1 year after from the first violation |
| 97 | of the same rule or regulation, rental agreement provision, or |
| 98 | this chapter does not constitute a ground for eviction under |
| 99 | this section. |
| 100 |
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| 101 | A No properly promulgated rule or regulation may not be |
| 102 | arbitrarily applied and used as a ground for eviction. |
| 103 | (d) Change in use of the land comprising the mobile home |
| 104 | park, or the portion thereof from which mobile homes are to be |
| 105 | evicted, from mobile home lot rentals to some other use, if: |
| 106 | 1. The park owner gives written notice to the homeowners' |
| 107 | association formed and operating under ss. 723.075-723.079 of |
| 108 | its right to purchase the mobile home park, if the land |
| 109 | comprising the mobile home park is changing use from mobile home |
| 110 | lot rentals to a different use, at the price and under the terms |
| 111 | and conditions set forth in the written notice. |
| 112 | a. The notice shall be delivered to the officers of the |
| 113 | homeowners' association by United States mail. Within 45 days |
| 114 | after the date of mailing of the notice, the homeowners' |
| 115 | association may execute and deliver a contract to the park owner |
| 116 | to purchase the mobile home park at the price and under the |
| 117 | terms and conditions set forth in the notice. If the contract |
| 118 | between the park owner and the homeowners' association is not |
| 119 | executed and delivered to the park owner within the 45-day |
| 120 | period, the park owner is under no further obligation to the |
| 121 | homeowners' association except as provided in sub-subparagraph |
| 122 | b. |
| 123 | b. If the park owner elects to offer or sell the mobile |
| 124 | home park at a price lower than the price specified in her or |
| 125 | his initial notice to the officers of the homeowners' |
| 126 | association, the homeowners' association has an additional 10 |
| 127 | days to meet the revised price, terms, and conditions of the |
| 128 | park owner by executing and delivering a revised contract to the |
| 129 | park owner. |
| 130 | c. The park owner is not obligated under this subparagraph |
| 131 | or s. 723.071 to give any other notice to, or to further |
| 132 | negotiate with, the homeowners' association for the sale of the |
| 133 | mobile home park to the homeowners' association after 6 months |
| 134 | after the date of the mailing of the initial notice under sub- |
| 135 | subparagraph a. |
| 136 | 2. The park owner gives the affected mobile home owners |
| 137 | and tenants provided all tenants affected are given at least 6 |
| 138 | months' notice of the eviction due to the projected change in of |
| 139 | use and of their need to secure other accommodations. |
| 140 | a. The notice of eviction due to a change in use of the |
| 141 | land must shall include in a font no smaller than the |
| 142 | the notice the following statement: |
| 143 |
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| 144 | YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA |
| 145 | MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE |
| 146 | FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). |
| 147 | FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE |
| 148 | FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL |
| 149 | REGULATION. |
| 150 |
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| 151 | b. 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 such approval is granted, the mobile home owner or |
| 161 | mobile home tenant must vacate the premises within shall have 7 |
| 162 | days after from the date the notice of the failure to be |
| 163 | approved for tenancy is delivered to vacate the premises. |
| 164 | (2) In the event of eviction for a change in of use, |
| 165 | homeowners must object to the change in use by petitioning for |
| 166 | administrative or judicial remedies within 90 days after of the |
| 167 | date of the notice or they will be barred from taking any |
| 168 | subsequent action to contest the change in use. This subsection |
| 169 | does provision shall not be construed to prevent any homeowner |
| 170 | from objecting to a zoning 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, or occupant, or a mobile home |
| 175 | shall file, in the county court in the county where the mobile |
| 176 | home lot is situated, a complaint describing the lot and stating |
| 177 | the facts that authorize the removal of the mobile home owner, |
| 178 | tenant, or occupant, or the mobile home. The park owner is |
| 179 | entitled to the summary procedure provided in s. 51.011, and the |
| 180 | court shall advance the cause on the calendar. |
| 181 | (4)(5) Except for the notice to the officers of the |
| 182 | homeowners' association under subparagraph (1)(d)1., any notice |
| 183 | required by this section must be in writing, and must be posted |
| 184 | on the premises and sent to the mobile home owner and tenant or |
| 185 | occupant, as appropriate, by certified or registered mail, |
| 186 | return receipt requested, addressed to the mobile home owner and |
| 187 | tenant or occupant, as appropriate, at her or his last known |
| 188 | address. Delivery of the mailed notice shall be deemed given 5 |
| 189 | days after the date of postmark. |
| 190 | Section 3. This act shall take effect upon becoming a law. |