HB 271

1
A bill to be entitled
2An act relating to mobile home park tenancies;
3amending s. 723.059, F.S.; clarifying provisions
4authorizing a mobile home park owner to increase the
5rental amount paid by a purchaser of a mobile home
6following expiration of the assumed rental agreement;
7allowing a mobile home park owner to require a
8purchaser to enter into a new tenancy under a new
9rental agreement and prospectus upon the expiration of
10an assumed rental agreement if the prospectus and
11rental agreement are delivered to the purchaser before
12occupancy; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 723.059, Florida Statutes, is amended
17to read:
18     723.059  Rights of purchaser.-
19     (1)  The purchaser of a mobile home within a mobile home
20park may become a tenant of the park if such purchaser would
21otherwise qualify with the requirements of entry into the park
22under the park rules and regulations, subject to the approval of
23the park owner, but such approval may not be unreasonably
24withheld.
25     (2)  Properly promulgated rules may provide for the
26screening of any prospective purchaser to determine whether or
27not such purchaser is qualified to become a tenant of the park.
28     (3)  The purchaser of a mobile home who becomes a resident
29of the mobile home park in accordance with this section has the
30right to assume the remainder of the term of any rental
31agreement then in effect between the mobile home park owner and
32the seller and shall be entitled to rely on the terms and
33conditions of the prospectus or offering circular as delivered
34to the initial recipient.
35     (4)  However, this section does not nothing herein shall be
36construed to prohibit a mobile home park owner from requiring
37the purchaser to enter into a new tenancy under a new rental
38agreement and prospectus and increasing the rental amount to be
39paid by the purchaser upon the expiration of the assumed rental
40agreement in an amount deemed appropriate by the mobile home
41park owner, if the so long as such increase is disclosed to the
42purchaser and the prospectus and rental agreement are delivered
43to the purchaser before prior to his or her occupancy and is
44imposed in a manner consistent with the initial offering
45circular or prospectus and this act.
46     (5)  Lifetime leases, both those existing and those entered
47into after July 1, 1986, are shall be nonassumable unless
48otherwise provided in the lot rental agreement or unless the
49transferee is the home owner's spouse. The renewal provisions in
50automatically renewable leases, both those existing and those
51entered into after July 1, 1986, are not assumable unless
52otherwise provided in the lease agreement.
53     Section 2.  This act shall take effect July 1, 2012.


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