1 | A bill to be entitled |
2 | An act relating to mobile home park tenancies; |
3 | amending s. 723.059, F.S.; clarifying provisions |
4 | authorizing a mobile home park owner to increase the |
5 | rental amount paid by a purchaser of a mobile home |
6 | following expiration of the assumed rental agreement; |
7 | allowing a mobile home park owner to require a |
8 | purchaser to enter into a new tenancy under a new |
9 | rental agreement and prospectus upon the expiration of |
10 | an assumed rental agreement if the prospectus and |
11 | rental agreement are delivered to the purchaser before |
12 | occupancy; providing an effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
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16 | Section 1. Section 723.059, Florida Statutes, is amended |
17 | to read: |
18 | 723.059 Rights of purchaser.- |
19 | (1) The purchaser of a mobile home within a mobile home |
20 | park may become a tenant of the park if such purchaser would |
21 | otherwise qualify with the requirements of entry into the park |
22 | under the park rules and regulations, subject to the approval of |
23 | the park owner, but such approval may not be unreasonably |
24 | withheld. |
25 | (2) Properly promulgated rules may provide for the |
26 | screening of any prospective purchaser to determine whether or |
27 | not such purchaser is qualified to become a tenant of the park. |
28 | (3) The purchaser of a mobile home who becomes a resident |
29 | of the mobile home park in accordance with this section has the |
30 | right to assume the remainder of the term of any rental |
31 | agreement then in effect between the mobile home park owner and |
32 | the seller and shall be entitled to rely on the terms and |
33 | conditions of the prospectus or offering circular as delivered |
34 | to the initial recipient. |
35 | (4) However, this section does not nothing herein shall be |
36 | construed to prohibit a mobile home park owner from requiring |
37 | the purchaser to enter into a new tenancy under a new rental |
38 | agreement and prospectus and increasing the rental amount to be |
39 | paid by the purchaser upon the expiration of the assumed rental |
40 | agreement in an amount deemed appropriate by the mobile home |
41 | park owner, if the so long as such increase is disclosed to the |
42 | purchaser and the prospectus and rental agreement are delivered |
43 | to the purchaser before prior to his or her occupancy and is |
44 | imposed in a manner consistent with the initial offering |
45 | circular or prospectus and this act. |
46 | (5) Lifetime leases, both those existing and those entered |
47 | into after July 1, 1986, are shall be nonassumable unless |
48 | otherwise provided in the lot rental agreement or unless the |
49 | transferee is the home owner's spouse. The renewal provisions in |
50 | automatically renewable leases, both those existing and those |
51 | entered into after July 1, 1986, are not assumable unless |
52 | otherwise provided in the lease agreement. |
53 | Section 2. This act shall take effect July 1, 2012. |