Florida Senate - 2024 CS for SB 1140
By the Committee on Regulated Industries; and Senator Burton
580-02617-24 20241140c1
1 A bill to be entitled
2 An act relating to mobile homes; amending s. 720.037,
3 F.S.; requiring that a petition for mediation be filed
4 with the Division of Florida Condominiums, Timeshares,
5 and Mobile Homes of the Department of Business and
6 Professional Regulation to determine the adequacy and
7 conformance of the homeowners’ petition to initiate
8 mediation; requiring mobile home owners to provide
9 specified documents to the park owner in a specified
10 manner; authorizing the park owner and mobile home
11 owners, by mutual agreement, to select a mediator
12 pursuant to specified provisions; requiring the
13 division to dismiss a petition for mediation under
14 certain circumstances; authorizing the park owner to
15 file objections to the petition for mediation within a
16 specified timeframe; requiring the division to assign
17 a mediator in certain circumstances within a specified
18 timeframe; amending s. 723.038, F.S.; authorizing
19 parties to disputes to jointly select a mediator and
20 initiate mediation proceedings; conforming provisions
21 to changes made by the act; making a technical change;
22 amending s. 723.0381, F.S.; prohibiting the initiation
23 of civil action unless the dispute has been submitted
24 to mediation; amending s. 723.051, F.S.; requiring
25 that specified live-in health care aides have ingress
26 and egress to and from a mobile home owner’s site
27 without having to pay charges; providing that the
28 mobile home owner must pay the cost of any necessary
29 background check of such aides; providing that live-in
30 heath care aides have no rights of tenancy in the
31 park; requiring the mobile home owner to notify the
32 park owner or manager of certain information related
33 to such aides; providing that the mobile home owner is
34 responsible for removing such aides if it becomes
35 necessary and must cover related costs; amending s.
36 723.0611, F.S.; providing the purpose of the Florida
37 Mobile Home Relocation Corporation; amending s.
38 723.0612, F.S.; revising the amounts a mobile home
39 owner is entitled to receive from the corporation for
40 single-section and multisection mobile homes in
41 certain circumstances; revising the timeframe during
42 which a mobile home moving contractor may redeem a
43 voucher for the contract price for relocating a mobile
44 home; revising the amount a mobile home owner may
45 receive when he or she abandons the mobile home inside
46 the mobile home park in lieu of collecting payment
47 from the corporation; revising the amount a park owner
48 must pay the corporation under certain circumstances;
49 making technical changes; requiring the division to
50 adopt rules; providing an effective date.
51
52 Be It Enacted by the Legislature of the State of Florida:
53
54 Section 1. Present paragraphs (b), (c), and (d) of
55 subsection (5) of section 723.037, Florida Statutes, are
56 redesignated as paragraphs (c), (e), and (f), respectively, new
57 paragraphs (b) and (d) and paragraphs (g) and (h) are added to
58 that subsection, and present paragraph (b) of that subsection is
59 amended, to read:
60 723.037 Lot rental increases; reduction in services or
61 utilities; change in rules and regulations; mediation.—
62 (5)
63 (b) A petition for mediation must be filed with the
64 division in all cases for a determination of adequacy and
65 conformance of the petition with the requirements of paragraph
66 (a). Upon filing the petition with the division, the mobile home
67 owners must provide to the park owner, by certified mail, return
68 receipt requested, a copy of the following:
69 1. The homeowners’ petition for mediation on a form adopted
70 by rule of the division;
71 2. The written designation required by this subsection,
72 which must include lot identification for each signature;
73 3. The notice or notices of lot rental increase, reduction
74 in services or utilities, or change in rules and regulations
75 that is being challenged as unreasonable; and
76 4. The records that verify the selection of the homeowners’
77 committee in accordance with subsection (4).
78 (c)(b) A park owner, within the same time period, may also
79 petition the division to initiate mediation of the dispute
80 pursuant to s. 723.038.
81 (d) As an alternative to the appointment of a mediator by
82 the division, the park owner and the mobile home owners may, by
83 mutual agreement, select a mediator pursuant to s. 723.038(2)
84 and (4).
85 (g) The division shall dismiss a petition for mediation in
86 the event that the park owner and mobile home owners fail to
87 comply with this section.
88 (h) Within 10 days after receipt of the petition from the
89 homeowners, the park owner may file objections to the petition
90 with the division. The division shall dismiss any petition that
91 is not timely filed, that does not meet the requirements of this
92 subsection, or that is otherwise found deficient by the
93 division. If a mediator has not been selected pursuant to
94 paragraph (d), the division must assign a mediator within 10
95 days after receipt of the petition by the park owner.
96
97 The purpose of this subsection is to encourage discussion and
98 evaluation by the parties of the comparable mobile home parks in
99 the competitive market area. The requirements of this subsection
100 are not intended to be enforced by civil or administrative
101 action. Rather, the meetings and discussions are intended to be
102 in the nature of settlement discussions prior to the parties
103 proceeding to litigation of any dispute.
104 Section 2. Subsections (1), (2), (4), and (9) of section
105 723.038, Florida Statutes, are amended to read:
106 723.038 Dispute settlement; mediation.—
107 (1) Either party may petition the division to appoint a
108 mediator and initiate mediation proceedings, or the parties may
109 agree to immediately select a mediator and initiate mediation
110 proceedings pursuant to the criteria outlined in subsections (2)
111 and (4).
112 (2) The division, upon receipt of a petition, shall appoint
113 a qualified mediator to conduct mediation proceedings and notify
114 the parties within 20 days after such appointment, unless the
115 parties timely notify the division in writing that they have
116 selected a mediator. A person appointed by the division or
117 selected by the parties must shall be a qualified mediator from
118 a list of circuit court mediators in each judicial circuit who
119 has met training and educational requirements established by the
120 Supreme Court. If such mediators are not available, the division
121 or the parties may select a mediator from the list maintained by
122 the Florida Growth Management Conflict Resolution Consortium.
123 The division shall promulgate rules of procedure to govern such
124 proceedings in accordance with the rules of practice and
125 procedure adopted by the Supreme Court. The division shall also
126 establish, by rule, the fee to be charged by a mediator which
127 shall not exceed the fee authorized by the circuit court.
128 (4) Following the date of the last scheduled meeting held
129 pursuant to s. 723.037(4), the parties to a dispute may agree
130 immediately to select a mediator and initiate mediation
131 proceedings pursuant to this section Upon receiving a petition
132 to mediate a dispute, the division shall, within 20 days, notify
133 the parties that a mediator has been appointed by the division.
134 The parties may accept the mediator appointed by the division
135 or, within 30 days, select a mediator to mediate the dispute
136 pursuant to subsection (2). The parties shall each pay a $250
137 filing fee to the mediator appointed by the division or selected
138 by the parties, within 30 days after the division notifies the
139 parties of the appointment of the mediator. The $250 filing fee
140 shall be used by the mediator to defray the hourly rate charged
141 for mediation of the dispute. Any portion of the filing fee not
142 used shall be refunded to the parties.
143 (9) A mediator appointed by the division or selected by the
144 parties pursuant to this section shall have judicial immunity in
145 the same manner and to the same extent as a judge.
146 Section 3. Subsection (1) of section 723.0381, Florida
147 Statutes, is amended to read:
148 723.0381 Civil actions; arbitration.—
149 (1) A civil action may not be initiated unless the dispute
150 has been submitted to mediation pursuant to s. 723.037(5). After
151 mediation of a dispute pursuant to s. 723.038 has failed to
152 provide a resolution of the dispute, either party may file an
153 action in the circuit court.
154 Section 4. Subsection (1) of section 723.051, Florida
155 Statutes, is amended to read:
156 723.051 Invitees; rights and obligations.—
157 (1) An invitee of a mobile home owner, or a live-in health
158 care aide as provided for in the Federal Fair Housing Act, must
159 shall have ingress and egress to and from the mobile home
160 owner’s site without the mobile home owner, or invitee, or live
161 in health care aide being required to pay additional rent, a
162 fee, or any charge whatsoever, except that the mobile home owner
163 must pay the cost of a background check for the live-in health
164 care aide if one is required. Any mobile home park rule or
165 regulation providing for fees or charges contrary to the terms
166 of this section is null and void. The live-in health care aide
167 does not have any rights of tenancy in the park, and the mobile
168 home owner must notify the park owner or park manager of the
169 name of the live-in health care aide and provide the information
170 required to have the background check, if one is necessary. The
171 mobile home owner has the responsibility to remove the live-in
172 health care aide should it become necessary and to cover the
173 costs associated with the removal.
174 Section 5. Paragraph (a) of subsection (1) of section
175 723.0611, Florida Statutes, is amended to read:
176 723.0611 Florida Mobile Home Relocation Corporation.—
177 (1)(a) There is created the Florida Mobile Home Relocation
178 Corporation. The purpose of the corporation is to address the
179 voluntary closure of mobile home parks due to a change in use of
180 the land. The corporation shall be administered by a board of
181 directors made up of six members, three of whom shall be
182 appointed by the Secretary of Business and Professional
183 Regulation from a list of nominees submitted by the largest
184 nonprofit association representing mobile home owners in this
185 state, and three of whom shall be appointed by the Secretary of
186 Business and Professional Regulation from a list of nominees
187 submitted by the largest nonprofit association representing the
188 manufactured housing industry in this state. All members of the
189 board of directors, including the chair, shall be appointed to
190 serve for staggered 3-year terms.
191 Section 6. Subsections (1), (4), and (7) of section
192 723.0612, Florida Statutes, are amended to read:
193 723.0612 Change in use; relocation expenses; payments by
194 park owner.—
195 (1) If a mobile home owner is required to move due to a
196 change in use of the land comprising the mobile home park as set
197 forth in s. 723.061(1)(d) and complies with the requirements of
198 this section, the mobile home owner is entitled to payment from
199 the Florida Mobile Home Relocation Corporation of:
200 (a) The amount of actual moving expenses of relocating the
201 mobile home to a new location within a 50-mile radius of the
202 vacated park, or
203 (b) The amount of $6,500 $3,000 for a single-section mobile
204 home or $11,500 $6,000 for a multisection mobile home, whichever
205 is less. Moving expenses include the cost of taking down,
206 moving, and setting up the mobile home in a new location.
207 (4) The Florida Mobile Home Relocation Corporation must
208 approve payment within 45 days after receipt of the information
209 set forth in subsection (3), or payment is deemed approved. A
210 copy of the approval must be forwarded to the park owner with an
211 invoice for payment. Upon approval, the corporation shall issue
212 a voucher in the amount of the contract price for relocating the
213 mobile home. The moving contractor may redeem the voucher from
214 the corporation following completion of the relocation and upon
215 approval of the relocation by the mobile home owner for up to 2
216 years after the date of issuance.
217 (7) In lieu of collecting payment from the Florida Mobile
218 Home Relocation Corporation as set forth in subsection (1), a
219 mobile home owner may abandon the mobile home in the mobile home
220 park and collect $3,000 $1,375 for a single section and $5,000
221 $2,750 for a multisection from the corporation as long as the
222 mobile home owner delivers to the park owner the current title
223 to the mobile home duly endorsed by the owner of record and
224 valid releases of all liens shown on the title. If a mobile home
225 owner chooses this option, the park owner must shall make
226 payment to the corporation of $1,375 for a single section and
227 $2,750 for a multisection in an amount equal to the amount the
228 mobile home owner is entitled to under this subsection. The
229 mobile home owner’s application for funds under this subsection
230 requires shall require the submission of a document signed by
231 the park owner stating that the home has been abandoned under
232 this subsection and that the park owner agrees to make payment
233 to the corporation in the amount provided to the home owner
234 under this subsection. However, in the event that the required
235 documents are not submitted with the application, the
236 corporation may consider the facts and circumstances surrounding
237 the abandonment of the home to determine whether the mobile home
238 owner is entitled to payment pursuant to this subsection. The
239 mobile home owner is not entitled to any compensation under this
240 subsection if there is a pending eviction action for nonpayment
241 of lot rental amount pursuant to s. 723.061(1)(a) which was
242 filed against him or her prior to the mailing date of the notice
243 of change in the use of the mobile home park given pursuant to
244 s. 723.061(1)(d).
245 Section 7. The division shall adopt rules to implement and
246 administer this act.
247 Section 8. This act shall take effect July 1, 2024.