Florida Senate - 2020 CS for SB 818
By the Committee on Innovation, Industry, and Technology; and
Senator Hooper
580-02224-20 2020818c1
1 A bill to be entitled
2 An act relating to manufactured housing; amending s.
3 212.05, F.S.; reducing the percentage of the sales
4 price of certain mobile homes which is subject to
5 sales tax; providing a sales tax exemption for certain
6 mobile homes; amending s. 212.06, F.S.; revising the
7 definition of the term “fixtures” to include certain
8 mobile homes; amending s. 320.77, F.S.; revising a
9 certification requirement for mobile home dealer
10 applicants relating to the applicant’s business
11 location; amending s. 320.771, F.S.; exempting certain
12 recreational vehicle dealer applicants from a garage
13 liability insurance requirement; amending s. 320.822,
14 F.S.; revising the definition of the term “code”;
15 amending s. 320.8232, F.S.; revising applicable
16 standards for the repair and remodeling of mobile and
17 manufactured homes; amending s. 367.022, F.S.;
18 revising an exemption for certain water service
19 resellers from regulation by the Florida Public
20 Service Commission relating to water and wastewater
21 systems; exempting certain mobile home park and mobile
22 home subdivision owners from such regulation; amending
23 s. 723.011, F.S.; providing construction relating to
24 rental agreements and tenancies; providing that a
25 mobile home owner, to become an approved tenant, may
26 be required to install permanent improvements as
27 disclosed in the mobile home park owner’s prospectus;
28 amending s. 723.012, F.S.; authorizing mobile home
29 park owners to make certain prospectus amendments;
30 providing that certain improvements and changes may
31 be, but are not required to be, disclosed by amendment
32 to the prospectus; authorizing park owners to amend
33 prospectuses to provide certain additional facilities
34 and services to the mobile home park under certain
35 circumstances; conforming a provision to changes made
36 by the act; amending s. 723.023, F.S.; adding general
37 obligations for mobile home owners; amending s.
38 723.031, F.S.; specifying a requirement for disclosing
39 and agreeing to a mobile home lot rental increase;
40 revising construction relating to a park owner’s
41 disclosure of certain taxes and assessments; amending
42 s. 723.037, F.S.; authorizing mobile home park owners
43 to give notice of lot rental increases for multiple
44 anniversary dates in one notice; providing
45 construction; specifying the composition of a certain
46 negotiating committee; specifying the lot rental
47 amount increases the committee must address in
48 meetings with the park owner or subdivision developer;
49 amending s. 723.041, F.S.; providing that a mobile
50 home park damaged or destroyed due to natural forces
51 may be rebuilt with the same density as previously
52 approved, permitted, or built; providing construction;
53 amending s. 723.042, F.S.; conforming a provision to
54 changes made by the act; amending s. 723.059, F.S.;
55 deleting certain purchasers’ rights to assume the
56 remainder of a rental agreement term; requiring
57 certain purchasers to enter into a new lot rental
58 agreement with the park owner; revising requirements
59 for the disclosure of lot rental amounts for new
60 tenancies; amending s. 723.061, F.S.; revising a
61 requirement for mailing eviction notices; specifying
62 the waiver and nonwaiver of certain rights of the park
63 owner under certain circumstances; requiring the
64 accounting at final hearing of rents received;
65 requiring a tenant defending certain actions by a
66 landlord to comply with certain requirements; amending
67 s. 723.063, F.S.; revising procedures and requirements
68 for mobile home owners, and revising construction,
69 relating to actions for rent or possession; revising
70 conditions under which a park owner may apply to a
71 court for disbursement of certain funds; providing an
72 effective date.
73
74 Be It Enacted by the Legislature of the State of Florida:
75
76 Section 1. Paragraph (a) of subsection (1) of section
77 212.05, Florida Statutes, is amended to read:
78 212.05 Sales, storage, use tax.—It is hereby declared to be
79 the legislative intent that every person is exercising a taxable
80 privilege who engages in the business of selling tangible
81 personal property at retail in this state, including the
82 business of making mail order sales, or who rents or furnishes
83 any of the things or services taxable under this chapter, or who
84 stores for use or consumption in this state any item or article
85 of tangible personal property as defined herein and who leases
86 or rents such property within the state.
87 (1) For the exercise of such privilege, a tax is levied on
88 each taxable transaction or incident, which tax is due and
89 payable as follows:
90 (a)1.a. At the rate of 6 percent of the sales price of each
91 item or article of tangible personal property when sold at
92 retail in this state, computed on each taxable sale for the
93 purpose of remitting the amount of tax due the state, and
94 including each and every retail sale.
95 b. Each occasional or isolated sale of an aircraft, boat,
96 mobile home, or motor vehicle of a class or type that which is
97 required to be registered, licensed, titled, or documented in
98 this state or by the United States Government shall be subject
99 to tax at the rate provided in this paragraph. A mobile home
100 shall be assessed sales tax at a rate of 6 percent on 50 percent
101 of the sales price of the mobile home, if subject to sales tax
102 as tangible personal property. However, a mobile home is not
103 subject to sales tax if the mobile home is intended to be
104 permanently affixed to the land and the purchaser signs an
105 affidavit stating that he or she intends to seek an “RP” series
106 sticker pursuant to s. 320.0815(2). The department shall by rule
107 adopt any nationally recognized publication for valuation of
108 used motor vehicles as the reference price list for any used
109 motor vehicle which is required to be licensed pursuant to s.
110 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any party
111 to an occasional or isolated sale of such a vehicle reports to
112 the tax collector a sales price that which is less than 80
113 percent of the average loan price for the specified model and
114 year of such vehicle as listed in the most recent reference
115 price list, the tax levied under this paragraph shall be
116 computed by the department on such average loan price unless the
117 parties to the sale have provided to the tax collector an
118 affidavit signed by each party, or other substantial proof,
119 stating the actual sales price. Any party to such sale who
120 reports a sales price less than the actual sales price is guilty
121 of a misdemeanor of the first degree, punishable as provided in
122 s. 775.082 or s. 775.083. The department shall collect or
123 attempt to collect from such party any delinquent sales taxes.
124 In addition, such party shall pay any tax due and any penalty
125 and interest assessed plus a penalty equal to twice the amount
126 of the additional tax owed. Notwithstanding any other provision
127 of law, the Department of Revenue may waive or compromise any
128 penalty imposed pursuant to this subparagraph.
129 2. This paragraph does not apply to the sale of a boat or
130 aircraft by or through a registered dealer under this chapter to
131 a purchaser who, at the time of taking delivery, is a
132 nonresident of this state, does not make his or her permanent
133 place of abode in this state, and is not engaged in carrying on
134 in this state any employment, trade, business, or profession in
135 which the boat or aircraft will be used in this state, or is a
136 corporation none of the officers or directors of which is a
137 resident of, or makes his or her permanent place of abode in,
138 this state, or is a noncorporate entity that has no individual
139 vested with authority to participate in the management,
140 direction, or control of the entity’s affairs who is a resident
141 of, or makes his or her permanent abode in, this state. For
142 purposes of this exemption, either a registered dealer acting on
143 his or her own behalf as seller, a registered dealer acting as
144 broker on behalf of a seller, or a registered dealer acting as
145 broker on behalf of the purchaser may be deemed to be the
146 selling dealer. This exemption shall not be allowed unless:
147 a. The purchaser removes a qualifying boat, as described in
148 sub-subparagraph f., from the state within 90 days after the
149 date of purchase or extension, or the purchaser removes a
150 nonqualifying boat or an aircraft from this state within 10 days
151 after the date of purchase or, when the boat or aircraft is
152 repaired or altered, within 20 days after completion of the
153 repairs or alterations; or if the aircraft will be registered in
154 a foreign jurisdiction and:
155 (I) Application for the aircraft’s registration is properly
156 filed with a civil airworthiness authority of a foreign
157 jurisdiction within 10 days after the date of purchase;
158 (II) The purchaser removes the aircraft from the state to a
159 foreign jurisdiction within 10 days after the date the aircraft
160 is registered by the applicable foreign airworthiness authority;
161 and
162 (III) The aircraft is operated in the state solely to
163 remove it from the state to a foreign jurisdiction.
164
165 For purposes of this sub-subparagraph, the term “foreign
166 jurisdiction” means any jurisdiction outside of the United
167 States or any of its territories;
168 b. The purchaser, within 30 days from the date of
169 departure, provides the department with written proof that the
170 purchaser licensed, registered, titled, or documented the boat
171 or aircraft outside the state. If such written proof is
172 unavailable, within 30 days the purchaser shall provide proof
173 that the purchaser applied for such license, title,
174 registration, or documentation. The purchaser shall forward to
175 the department proof of title, license, registration, or
176 documentation upon receipt;
177 c. The purchaser, within 10 days of removing the boat or
178 aircraft from Florida, furnishes the department with proof of
179 removal in the form of receipts for fuel, dockage, slippage,
180 tie-down, or hangaring from outside of Florida. The information
181 so provided must clearly and specifically identify the boat or
182 aircraft;
183 d. The selling dealer, within 5 days of the date of sale,
184 provides to the department a copy of the sales invoice, closing
185 statement, bills of sale, and the original affidavit signed by
186 the purchaser attesting that he or she has read the provisions
187 of this section;
188 e. The seller makes a copy of the affidavit a part of his
189 or her record for as long as required by s. 213.35; and
190 f. Unless The nonresident purchaser of a boat of 5 net tons
191 of admeasurement or larger intends to remove the boat from this
192 state within 10 days after the date of purchase or when the boat
193 is repaired or altered, and within 20 days after completion of
194 the repairs or alterations, the nonresident purchaser applies to
195 the selling dealer for a decal which authorizes 90 days after
196 the date of purchase for removal of the boat. The nonresident
197 purchaser of a qualifying boat may apply to the selling dealer
198 within 60 days after the date of purchase for an extension decal
199 that authorizes the boat to remain in this state for an
200 additional 90 days, but not more than a total of 180 days,
201 before the nonresident purchaser is required to pay the tax
202 imposed by this chapter. The department is authorized to issue
203 decals in advance to dealers. The number of decals issued in
204 advance to a dealer shall be consistent with the volume of the
205 dealer’s past sales of boats which qualify under this sub
206 subparagraph. The selling dealer or his or her agent shall mark
207 and affix the decals to qualifying boats in the manner
208 prescribed by the department, before delivery of the boat.
209 (I) The department is hereby authorized to charge dealers a
210 fee sufficient to recover the costs of decals issued, except the
211 extension decal shall cost $425.
212 (II) The proceeds from the sale of decals will be deposited
213 into the administrative trust fund.
214 (III) Decals shall display information to identify the boat
215 as a qualifying boat under this sub-subparagraph, including, but
216 not limited to, the decal’s date of expiration.
217 (IV) The department is authorized to require dealers who
218 purchase decals to file reports with the department and may
219 prescribe all necessary records by rule. All such records are
220 subject to inspection by the department.
221 (V) Any dealer or his or her agent who issues a decal
222 falsely, fails to affix a decal, mismarks the expiration date of
223 a decal, or fails to properly account for decals will be
224 considered prima facie to have committed a fraudulent act to
225 evade the tax and will be liable for payment of the tax plus a
226 mandatory penalty of 200 percent of the tax, and shall be liable
227 for fine and punishment as provided by law for a conviction of a
228 misdemeanor of the first degree, as provided in s. 775.082 or s.
229 775.083.
230 (VI) Any nonresident purchaser of a boat who removes a
231 decal before permanently removing the boat from the state, or
232 defaces, changes, modifies, or alters a decal in a manner
233 affecting its expiration date before its expiration, or who
234 causes or allows the same to be done by another, will be
235 considered prima facie to have committed a fraudulent act to
236 evade the tax and will be liable for payment of the tax plus a
237 mandatory penalty of 200 percent of the tax, and shall be liable
238 for fine and punishment as provided by law for a conviction of a
239 misdemeanor of the first degree, as provided in s. 775.082 or s.
240 775.083.
241 (VII) The department is authorized to adopt rules necessary
242 to administer and enforce this subparagraph and to publish the
243 necessary forms and instructions.
244 (VIII) The department is hereby authorized to adopt
245 emergency rules pursuant to s. 120.54(4) to administer and
246 enforce the provisions of this subparagraph.
247
248 If the purchaser fails to remove the qualifying boat from this
249 state within the maximum 180 days after purchase or a
250 nonqualifying boat or an aircraft from this state within 10 days
251 after purchase or, when the boat or aircraft is repaired or
252 altered, within 20 days after completion of such repairs or
253 alterations, or permits the boat or aircraft to return to this
254 state within 6 months from the date of departure, except as
255 provided in s. 212.08(7)(fff), or if the purchaser fails to
256 furnish the department with any of the documentation required by
257 this subparagraph within the prescribed time period, the
258 purchaser shall be liable for use tax on the cost price of the
259 boat or aircraft and, in addition thereto, payment of a penalty
260 to the Department of Revenue equal to the tax payable. This
261 penalty shall be in lieu of the penalty imposed by s. 212.12(2).
262 The maximum 180-day period following the sale of a qualifying
263 boat tax-exempt to a nonresident may not be tolled for any
264 reason.
265 Section 2. Paragraph (b) of subsection (14) of section
266 212.06, Florida Statutes, is amended to read:
267 212.06 Sales, storage, use tax; collectible from dealers;
268 “dealer” defined; dealers to collect from purchasers;
269 legislative intent as to scope of tax.—
270 (14) For the purpose of determining whether a person is
271 improving real property, the term:
272 (b) “Fixtures” means items that are an accessory to a
273 building, other structure, or land and that do not lose their
274 identity as accessories when installed but that do become
275 permanently attached to realty. However, the term does not
276 include the following items, whether or not such items are
277 attached to real property in a permanent manner:
278 1. Property of a type that is required to be registered,
279 licensed, titled, or documented by this state or by the United
280 States Government, including, but not limited to, mobile homes,
281 except the term includes mobile homes assessed as real property
282 or intended to be qualified and taxed as real property pursuant
283 to s. 320.0815(2).
284 2. , or Industrial machinery or equipment.
285
286 For purposes of this paragraph, industrial machinery or
287 equipment is not limited to machinery and equipment used to
288 manufacture, process, compound, or produce tangible personal
289 property. For an item to be considered a fixture, it is not
290 necessary that the owner of the item also own the real property
291 to which it is attached.
292 Section 3. Paragraph (h) of subsection (3) of section
293 320.77, Florida Statutes, is amended to read:
294 320.77 License required of mobile home dealers.—
295 (3) APPLICATION.—The application for such license shall be
296 in the form prescribed by the department and subject to such
297 rules as may be prescribed by it. The application shall be
298 verified by oath or affirmation and shall contain:
299 (h) Certification by the applicant:
300 1. That the location is a permanent one, not a tent or a
301 temporary stand or other temporary quarters.
302 2. ; and, Except in the case of a mobile home broker, that
303 the location affords sufficient unoccupied space to display
304 store all mobile homes offered and displayed for sale. A space
305 to display a manufactured home as a model home is sufficient to
306 satisfy this requirement.; and that The location must be is a
307 suitable place in which the applicant can in good faith carry on
308 business and keep and maintain books, records, and files
309 necessary to conduct such business, which must will be available
310 at all reasonable hours to inspection by the department or any
311 of its inspectors or other employees.
312
313 This paragraph does subsection shall not preclude a licensed
314 mobile home dealer from displaying and offering for sale mobile
315 homes in a mobile home park.
316
317 The department shall, if it deems necessary, cause an
318 investigation to be made to ascertain if the facts set forth in
319 the application are true and shall not issue a license to the
320 applicant until it is satisfied that the facts set forth in the
321 application are true.
322 Section 4. Paragraph (j) of subsection (3) of section
323 320.771, Florida Statutes, is amended to read:
324 320.771 License required of recreational vehicle dealers.—
325 (3) APPLICATION.—The application for such license shall be
326 in the form prescribed by the department and subject to such
327 rules as may be prescribed by it. The application shall be
328 verified by oath or affirmation and shall contain:
329 (j) A statement that the applicant is insured under a
330 garage liability insurance policy, which shall include, at a
331 minimum, $25,000 combined single-limit liability coverage,
332 including bodily injury and property damage protection, and
333 $10,000 personal injury protection, if the applicant is to be
334 licensed as a dealer in, or intends to sell, recreational
335 vehicles. However, a garage liability policy is not required for
336 the licensure of a mobile home dealer who sells only park
337 trailers.
338
339 The department shall, if it deems necessary, cause an
340 investigation to be made to ascertain if the facts set forth in
341 the application are true and shall not issue a license to the
342 applicant until it is satisfied that the facts set forth in the
343 application are true.
344 Section 5. Paragraph (c) of subsection (2) of section
345 320.822, Florida Statutes, is amended to read:
346 320.822 Definitions; ss. 320.822-320.862.—In construing ss.
347 320.822-320.862, unless the context otherwise requires, the
348 following words or phrases have the following meanings:
349 (2) “Code” means the appropriate standards found in:
350 (c) The Mobile and Manufactured Home Repair and Remodeling
351 Code and the Used Recreational Vehicle Code.
352 Section 6. Subsection (2) of section 320.8232, Florida
353 Statutes, is amended to read:
354 320.8232 Establishment of uniform standards for used
355 recreational vehicles and repair and remodeling code for mobile
356 homes.—
357 (2) The Mobile and Manufactured Home provisions of the
358 Repair and Remodeling Code must be a uniform code, must shall
359 ensure safe and livable housing, and may shall not be more
360 stringent than those standards required to be met in the
361 manufacture of mobile homes. Such code must provisions shall
362 include, but not be limited to, standards for structural
363 adequacy, plumbing, heating, electrical systems, and fire and
364 life safety. All repairs and remodeling of mobile and
365 manufactured homes must be performed in accordance with
366 department rules.
367 Section 7. Subsection (9) of section 367.022, Florida
368 Statutes, is amended, and subsection (14) is added to that
369 section, to read:
370 367.022 Exemptions.—The following are not subject to
371 regulation by the commission as a utility nor are they subject
372 to the provisions of this chapter, except as expressly provided:
373 (9) Any person who resells water service to his or her
374 tenants or to individually metered residents for a fee that does
375 not exceed the actual purchase price of the water and wastewater
376 service plus the actual cost of meter reading and billing, not
377 to exceed 9 percent of the actual cost of service.
378 (14) The owner of a mobile home park operating both as a
379 mobile home park and a mobile home subdivision, as those terms
380 are defined in s. 723.003, who provides service within the park
381 and subdivision to a combination of both tenants and lot owners,
382 provided that the service to tenants is without specific
383 compensation.
384 Section 8. Subsections (3) and (4) of section 723.011,
385 Florida Statutes, are amended to read:
386 723.011 Disclosure prior to rental of a mobile home lot;
387 prospectus, filing, approval.—
388 (3) The prospectus or offering circular, together with its
389 exhibits, is a disclosure document intended to afford protection
390 to homeowners and prospective homeowners in the mobile home
391 park. The purpose of the document is to disclose the
392 representations of the mobile home park owner concerning the
393 operations of the mobile home park. The rental agreement,
394 including the prospectus and rules and regulations, establishes
395 the terms and conditions of a homeowner’s tenancy. The tenancy
396 must be for the duration of the tenant’s ownership of the mobile
397 home, with a right of survivorship by the tenant’s surviving
398 spouse, unless terminated pursuant to s. 723.061.
399 (4) With regard to a tenancy in existence on the effective
400 date of this chapter, the prospectus or offering circular
401 offered by the mobile home park owner must shall contain the
402 same terms and conditions as rental agreements offered to all
403 other mobile home owners residing in the park on the effective
404 date of this act, excepting only rent variations based upon lot
405 location and size, and may shall not require any mobile home
406 owner to install any permanent improvements, except that the
407 mobile home owner, to become an approved tenant, may be required
408 to install permanent improvements to the mobile home as
409 disclosed in the prospectus.
410 Section 9. Paragraph (c) of subsection (4) and subsections
411 (5) and (7) of section 723.012, Florida Statutes, are amended to
412 read:
413 723.012 Prospectus or offering circular.—The prospectus or
414 offering circular, which is required to be provided by s.
415 723.011, must contain the following information:
416 (4) Beginning on the first page of the text, the following
417 information:
418 (c) A description of the mobile home park property,
419 including, but not limited to:
420 1. The number of lots in each section, the approximate size
421 of each lot, the setback requirements, and the minimum
422 separation distance between mobile homes as required by law.
423 2. The maximum number of lots that will use shared
424 facilities of the park; and, if the maximum number of lots will
425 vary, a description of the basis for variation. A mobile home
426 park owner may amend the prospectus to include additional
427 property and mobile home lots and to increase the maximum number
428 of lots that use the shared facilities of the park.
429 (5) A description of the recreational and other common
430 facilities, if any, that will be used by the mobile home owners,
431 including, but not limited to:
432 (a) The number of buildings and each room thereof and its
433 intended purposes, location, approximate floor area, and
434 capacity in numbers of people.
435 (b) Each swimming pool, as to its general location,
436 approximate size and depths, and approximate deck size and
437 capacity and whether heated.
438 (c) All other facilities and permanent improvements that
439 which will serve the mobile home owners.
440 (d) A general description of the items of personal property
441 available for use by the mobile home owners.
442 (e) A general description of the days and hours that
443 facilities will be available for use.
444 (f) A statement as to whether all improvements are complete
445 and, if not, their estimated completion dates.
446
447 Any improvement or change to the facilities or services provided
448 by the mobile home park may be, but is not required to be,
449 disclosed by the park owner in an amendment to the prospectus.
450 If the park owner adds property or lots to the mobile home park
451 which were not disclosed in the owner’s prospectus, the park
452 owner may amend the prospectus to provide additional facilities
453 and services to the mobile home park of a type or kind
454 determined by the park owner.
455 (7) A description of all improvements, whether temporary or
456 permanent, which are required to be installed by the mobile home
457 owner as a condition of his or her occupancy in the park,
458 including improvements that are required upon purchase of the
459 home by an approved tenant.
460 Section 10. Section 723.023, Florida Statutes, is amended
461 to read:
462 723.023 Mobile home owner’s general obligations.—A mobile
463 home owner shall at all times:
464 (1) At all times comply with all obligations imposed on
465 mobile home owners by applicable provisions of building,
466 housing, and health codes, including compliance with all
467 building permits and construction requirements for construction
468 on the mobile home and lot. The home owner is responsible for
469 all fines imposed by the local government for noncompliance with
470 any local codes.
471 (2) At all times keep the mobile home lot that which he or
472 she occupies clean, neat, and sanitary, and maintained in
473 compliance with all local codes.
474 (3) At all times comply with properly promulgated park
475 rules and regulations and require other persons on the premises
476 with his or her consent to comply with such rules and to conduct
477 themselves, and other persons on the premises with his or her
478 consent, in a manner that does not unreasonably disturb other
479 residents of the park or constitute a breach of the peace.
480 (4) Receive written approval from the mobile home park
481 owner before making any exterior modification or addition to the
482 home.
483 (5) When vacating the premises, remove any debris and other
484 property of any kind which is left on the mobile home lot.
485 Section 11. Subsection (5) of section 723.031, Florida
486 Statutes, is amended to read:
487 723.031 Mobile home lot rental agreements.—
488 (5) The rental agreement must shall contain the lot rental
489 amount and services included. An increase in lot rental amount
490 upon expiration of the term of the lot rental agreement must
491 shall be in accordance with ss. 723.033 and 723.037 or s.
492 723.059(4), whichever is applicable;, provided that, pursuant to
493 s. 723.059(4), the amount of the lot rental increase is
494 disclosed and agreed to by the purchaser by executing a rental
495 agreement setting forth the new lot rental amount, in writing.
496 An increase in lot rental amount shall not be arbitrary or
497 discriminatory between similarly situated tenants in the park. A
498 lot rental amount may not be increased during the term of the
499 lot rental agreement, except:
500 (a) When the manner of the increase is disclosed in a lot
501 rental agreement with a term exceeding 12 months and which
502 provides for such increases not more frequently than annually.
503 (b) For pass-through charges as defined in s. 723.003.
504 (c) That a charge may not be collected which results in
505 payment of money for sums previously collected as part of the
506 lot rental amount. The provisions hereof notwithstanding, the
507 mobile home park owner may pass on, at any time during the term
508 of the lot rental agreement, ad valorem property taxes, non-ad
509 valorem assessments, and utility charges, or increases of
510 either, provided that the ad valorem property taxes, non-ad
511 valorem assessments, and utility charges are not otherwise being
512 collected in the remainder of the lot rental amount and provided
513 further that the passing on of such ad valorem taxes, non-ad
514 valorem assessments, or utility charges, or increases of either,
515 was disclosed prior to tenancy, was being passed on as a matter
516 of custom between the mobile home park owner and the mobile home
517 owner, or such passing on was authorized by law. A park owner is
518 deemed to have disclosed the passing on of ad valorem property
519 taxes and non-ad valorem assessments if ad valorem property
520 taxes or non-ad valorem assessments were disclosed as a separate
521 charge or a factor for increasing the lot rental amount in the
522 prospectus or rental agreement. Such ad valorem taxes, non-ad
523 valorem assessments, and utility charges shall be a part of the
524 lot rental amount as defined by this chapter. The term “non-ad
525 valorem assessments” has the same meaning as provided in s.
526 197.3632(1)(d). Other provisions of this chapter
527 notwithstanding, pass-on charges may be passed on only within 1
528 year of the date a mobile home park owner remits payment of the
529 charge. A mobile home park owner is prohibited from passing on
530 any fine, interest, fee, or increase in a charge resulting from
531 a park owner’s payment of the charge after the date such charges
532 become delinquent. Nothing herein shall prohibit a park owner
533 and a homeowner from mutually agreeing to an alternative manner
534 of payment to the park owner of the charges.
535 (d) If a notice of increase in lot rental amount is not
536 given 90 days before the renewal date of the rental agreement,
537 the rental agreement must remain under the same terms until a
538 90-day notice of increase in lot rental amount is given. The
539 notice may provide for a rental term shorter than 1 year in
540 order to maintain the same renewal date.
541 Section 12. Subsection (1) and paragraph (a) of subsection
542 (4) of section 723.037, Florida Statutes, are amended to read:
543 723.037 Lot rental increases; reduction in services or
544 utilities; change in rules and regulations; mediation.—
545 (1) A park owner shall give written notice to each affected
546 mobile home owner and the board of directors of the homeowners’
547 association, if one has been formed, at least 90 days before any
548 increase in lot rental amount or reduction in services or
549 utilities provided by the park owner or change in rules and
550 regulations. The park owner may give notice of all increases in
551 lot rental amount for multiple anniversary dates in the same 90
552 day notice. The notice must shall identify all other affected
553 homeowners, which may be by lot number, name, group, or phase.
554 If the affected homeowners are not identified by name, the park
555 owner shall make the names and addresses available upon request.
556 However, this requirement does not authorize the release of the
557 names, addresses, or other private information about the
558 homeowners to the association or any other person for any other
559 purpose. The home owner’s right to the 90-day notice may not be
560 waived or precluded by a home owner, or the homeowners’
561 committee, in an agreement with the park owner. Rules adopted as
562 a result of restrictions imposed by governmental entities and
563 required to protect the public health, safety, and welfare may
564 be enforced prior to the expiration of the 90-day period but are
565 not otherwise exempt from the requirements of this chapter.
566 Pass-through charges must be separately listed as to the amount
567 of the charge, the name of the governmental entity mandating the
568 capital improvement, and the nature or type of the pass-through
569 charge being levied. Notices of increase in the lot rental
570 amount due to a pass-through charge must shall state the
571 additional payment and starting and ending dates of each pass
572 through charge. The homeowners’ association shall have no
573 standing to challenge the increase in lot rental amount,
574 reduction in services or utilities, or change of rules and
575 regulations unless a majority of the affected homeowners agree,
576 in writing, to such representation.
577 (4)(a) A committee, not to exceed five in number,
578 consisting of mobile home owners in the park and designated by a
579 majority of the affected mobile home owners or by the board of
580 directors of the homeowners’ association, if applicable, and the
581 park owner shall meet, at a mutually convenient time and place
582 no later than 60 days before the effective date of the change to
583 discuss the reasons for the increase in lot rental amount,
584 reduction in services or utilities, or change in rules and
585 regulations. The negotiating committee shall make a written
586 request for a meeting with the park owner or subdivision
587 developer to discuss those matters addressed in the 90-day
588 notice, and may include in the request a listing of any other
589 issue, with supporting documentation, that the committee intends
590 to raise and discuss at the meeting. The committee shall address
591 all lot rental amount increases that are specified in the notice
592 of lot rental amount increase, regardless of the effective date
593 of the increase.
594
595 This subsection is not intended to be enforced by civil or
596 administrative action. Rather, the meetings and discussions are
597 intended to be in the nature of settlement discussions prior to
598 the parties proceeding to mediation of any dispute.
599 Section 13. Subsections (5) and (6) are added to section
600 723.041, Florida Statutes, to read:
601 723.041 Entrance fees; refunds; exit fees prohibited;
602 replacement homes.—
603 (5) A mobile home park that is damaged or destroyed due to
604 wind, water, or other natural force may be rebuilt on the same
605 site with the same density as was approved, permitted, or built
606 before being damaged or destroyed.
607 (6) This section does not limit the regulation of the
608 uniform firesafety standards established under s. 633.206, but
609 supersedes any other density, separation, setback, or lot size
610 regulation adopted after initial permitting and construction of
611 the mobile home park.
612 Section 14. Section 723.042, Florida Statutes, is amended
613 to read:
614 723.042 Provision of improvements.—A No person may not
615 shall be required by a mobile home park owner or developer, as a
616 condition of residence in the mobile home park, to provide any
617 improvement unless the requirement is disclosed pursuant to s.
618 723.012(7) s. 723.011 prior to occupancy in the mobile home
619 park.
620 Section 15. Section 723.059, Florida Statutes, is amended
621 to read:
622 723.059 Rights of Purchaser of a mobile home within a
623 mobile home park.—
624 (1) The purchaser of a mobile home within a mobile home
625 park may become a tenant of the park if such purchaser would
626 otherwise qualify with the requirements of entry into the park
627 under the park rules and regulations, subject to the approval of
628 the park owner, but such approval may not be unreasonably
629 withheld. The purchaser of the mobile home may cancel or rescind
630 the contract for purchase of the mobile home if the purchaser’s
631 tenancy has not been approved by the park owner 5 days before
632 the closing of the purchase.
633 (2) Properly promulgated rules may provide for the
634 screening of any prospective purchaser to determine whether or
635 not such purchaser is qualified to become a tenant of the park.
636 (3) The purchaser of a mobile home who intends to become
637 becomes a resident of the mobile home park in accordance with
638 this section shall enter a new tenancy by entering into a new
639 lot rental agreement, including the prospectus and rules and
640 regulations, with the park owner has the right to assume the
641 remainder of the term of any rental agreement then in effect
642 between the mobile home park owner and the seller and shall be
643 entitled to rely on the terms and conditions of the prospectus
644 or offering circular as delivered to the initial recipient.
645 (4) The mobile home park owner shall disclose the lot
646 rental amount to be charged for a new tenancy prior to the
647 applicant paying a screening fee and applying for approval for
648 the tenancy However, nothing herein shall be construed to
649 prohibit a mobile home park owner from increasing the rental
650 amount to be paid by the purchaser upon the expiration of the
651 assumed rental agreement in an amount deemed appropriate by the
652 mobile home park owner, so long as such increase is disclosed to
653 the purchaser prior to his or her occupancy and is imposed in a
654 manner consistent with the initial offering circular or
655 prospectus and this act.
656 (5) Lifetime leases and the renewal provisions in
657 automatically renewable leases, both those existing and those
658 entered into after July 1, 1986, are not assumable unless
659 otherwise provided in the mobile home lot rental agreement or
660 unless the transferee is the home owner’s spouse. The right to
661 an assumption of the lease by a spouse may be exercised only one
662 time during the term of that lease.
663 Section 16. Subsection (4) of section 723.061, Florida
664 Statutes, is amended, and subsections (5) and (6) are added to
665 that section, to read:
666 723.061 Eviction; grounds, proceedings.—
667 (4) Except for the notice to the officers of the
668 homeowners’ association under subparagraph (1)(d)1., any notice
669 required by this section must be in writing, and must be posted
670 on the premises and sent to the mobile home owner and tenant or
671 occupant, as appropriate, by United States certified or
672 registered mail, return receipt requested, addressed to the
673 mobile home owner and tenant or occupant, as appropriate, at her
674 or his last known address. Delivery of the mailed notice is
675 shall be deemed given 5 days after the date of postmark.
676 (5) If the park owner accepts payment of any portion of the
677 lot rental amount with actual knowledge of noncompliance after
678 notice and termination of the rental agreement due to a
679 violation under paragraph (1)(b), paragraph (1)(c), or paragraph
680 (1)(e), the park owner does not waive the right to terminate the
681 rental agreement or the right to bring a civil action for the
682 noncompliance, but not for any subsequent or continuing
683 noncompliance. Any rent so received must be accounted for at
684 final hearing.
685 (6) A tenant who intends to defend against an action by the
686 landlord for possession for noncompliance under paragraph
687 (1)(a), paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e)
688 shall comply with s. 723.063(2).
689 Section 17. Section 723.063, Florida Statutes, is amended
690 to read:
691 723.063 Defenses to action for rent or possession;
692 procedure.—
693 (1)(a) In any action based upon nonpayment of rent or
694 seeking to recover unpaid rent, or a portion thereof, the mobile
695 home owner may defend upon the ground of a material
696 noncompliance with any portion of this chapter or may raise any
697 other defense, whether legal or equitable, which he or she may
698 have.
699 (b) The defense of material noncompliance may be raised by
700 the mobile home owner only if 7 days have elapsed after he or
701 she has notified the park owner in writing of his or her
702 intention not to pay rent, or a portion thereof, based upon the
703 park owner’s noncompliance with portions of this chapter,
704 specifying in reasonable detail the provisions in default. A
705 material noncompliance with this chapter by the park owner is a
706 complete defense to an action for possession based upon
707 nonpayment of rent, or a portion thereof, and, upon hearing, the
708 court or the jury, as the case may be, shall determine the
709 amount, if any, by which the rent is to be reduced to reflect
710 the diminution in value of the lot during the period of
711 noncompliance with any portion of this chapter. After
712 consideration of all other relevant issues, the court shall
713 enter appropriate judgment.
714 (2) In any action by the park owner or a mobile home owner
715 brought under subsection (1), the mobile home owner shall pay
716 into the registry of the court that portion of the accrued rent,
717 if any, relating to the claim of material noncompliance as
718 alleged in the complaint, or as determined by the court. The
719 court shall notify the mobile home owner of such requirement.
720 The failure of the mobile home owner to pay the rent, or portion
721 thereof, into the registry of the court or to file a motion to
722 determine the amount of rent to be paid into the registry within
723 5 days, excluding Saturdays, Sundays, and legal holidays, after
724 the date of service of process constitutes an absolute waiver of
725 the tenant’s defenses other than payment, and the landlord is
726 entitled to an immediate default judgment for removal of the
727 tenant with a writ of possession to issue without further notice
728 or hearing thereon. If a motion to determine rent is filed, the
729 movant must provide sworn documentation in support of his or her
730 allegation that the rent alleged in the complaint is erroneous
731 as required herein constitutes an absolute waiver of the mobile
732 home owner’s defenses other than payment, and the park owner is
733 entitled to an immediate default.
734 (3) When the mobile home owner has deposited funds into the
735 registry of the court in accordance with the provisions of this
736 section and the park owner is in actual danger of loss of the
737 premises or other personal hardship resulting from the loss of
738 rental income from the premises, the park owner may apply to the
739 court for disbursement of all or part of the funds or for prompt
740 final hearing, whereupon the court shall advance the cause on
741 the calendar. The court, after preliminary hearing, may award
742 all or any portion of the funds on deposit to the park owner or
743 may proceed immediately to a final resolution of the cause.
744 Section 18. This act shall take effect upon becoming a law.