Bill Text: FL H0513 | 2010 | Regular Session | Comm Sub

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Bill Title: Mobile Home Park Tenancies

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-04-30 - Died on Calendar [H0513 Detail]

Download: Florida-2010-H0513-Comm_Sub.html

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CS/CS/HB 513

1	A bill to be entitled
2	An act relating to mobile home park tenancies; amending s.
3	420.0003, F.S.; directing the Florida Housing Finance
4	Corporation to provide technical assistance to mobile home
5	owners in purchasing their mobile home park; amending s.
6	420.502, F.S.; providing legislative findings; amending s.
7	723.061, F.S.; revising procedures for mobile home owners
8	being provided eviction notice due to a change in use of
9	the land comprising the mobile home park; revising
10	application; requiring certain notice to the homeowners'
11	association; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Paragraph (e) is added to subsection (4) of
16	section 420.0003, Florida Statutes, to read:
17	420.0003 State housing strategy.-
18	(4) IMPLEMENTATION.-The Department of Community Affairs
19	and the Florida Housing Finance Corporation in carrying out the
20	strategy articulated herein shall have the following duties:
21	(e) The Florida Housing Finance Corporation shall use its
22	expertise to provide technical assistance to mobile home owners,
23	working through their homeowners' association formed and
24	operating pursuant to ss. 723.075-723.079, in purchasing their
25	mobile home park, including, but not limited to, the issuance of
26	bonds through a not-for-profit organization exempt under the
27	provisions of s. 501(c)(3) of the United States Internal Revenue
28	Code. Upon written request of mobile home owners working through
29	their homeowners' association formed and operating pursuant to
30	ss. 723.075-723.079, the Florida Housing Finance Corporation is
31	directed to provide technical assistance in creating the not-
32	for-profit organization to purchase their mobile home park.
33	Section 2. Subsection (9) is added to section 420.502,
34	Florida Statutes, to read:
35	420.502 Legislative findings.-It is hereby found and
36	declared as follows:
37	(9) Mobile home parks are an essential element of
38	providing affordable housing in the state.
39	Section 3. Section 723.061, Florida Statutes, is amended
40	to read:
41	723.061 Eviction; grounds, proceedings.-
42	(1) A mobile home park owner may evict a mobile home
43	owner, a mobile home tenant, a mobile home occupant, or a mobile
44	home only on one or more of the grounds provided in this
45	section.
46	(a) Nonpayment of lot rental amount. If a mobile home
47	owner or tenant, whichever is responsible, fails to pay the lot
48	rental amount when due and if the default continues for 5 days
49	after delivery of a written demand by the mobile home park owner
50	for payment of the lot rental amount, the park owner may
51	terminate the tenancy. However, if the mobile home owner or
52	tenant, whichever is responsible, pays the lot rental amount
53	due, including any late charges, court costs, and attorney's
54	fees, the court may, for good cause, deny the order of eviction,
55	provided such nonpayment has not occurred more than twice.
56	(b) Conviction of a violation of a federal or state law or
57	local ordinance, which violation may be deemed detrimental to
58	the health, safety, or welfare of other residents of the mobile
59	home park. The mobile home owner or mobile home tenant will have
60	7 days from the date that notice to vacate is delivered to
61	vacate the premises. This paragraph shall be grounds to deny an
62	initial tenancy of a purchaser of a home pursuant to paragraph
63	(e) or to evict an unapproved occupant of a home.
64	(c) Violation of a park rule or regulation, the rental
65	agreement, or this chapter.
66	1. For the first violation of any properly promulgated
67	rule or regulation, rental agreement provision, or this chapter
68	which is found by any court having jurisdiction thereof to have
69	been an act which endangered the life, health, safety, or
70	property of the park residents or employees or the peaceful
71	enjoyment of the mobile home park by its residents, the mobile
72	home park owner may terminate the rental agreement, and the
73	mobile home owner, tenant, or occupant will have 7 days from the
74	date that the notice is delivered to vacate the premises.
75	2. For a second violation of the same properly promulgated
76	rule or regulation, rental agreement provision, or this chapter
77	within 12 months, the mobile home park owner may terminate the
78	tenancy if she or he has given the mobile home owner, tenant, or
79	occupant written notice within 30 days of the first violation,
80	which notice specified the actions of the mobile home owner,
81	tenant, or occupant which caused the violation and gave the
82	mobile home owner, tenant, or occupant 7 days to correct the
83	noncompliance. The mobile home owner, tenant, or occupant must
84	have received written notice of the ground upon which she or he
85	is to be evicted at least 30 days prior to the date on which she
86	or he is required to vacate. A second violation of a properly
87	promulgated rule or regulation, rental agreement provision, or
88	this chapter within 12 months of the first violation is
89	unequivocally a ground for eviction, and it is not a defense to
90	any eviction proceeding that a violation has been cured after
91	the second violation. Violation of a rule or regulation, rental
92	agreement provision, or this chapter after the passage of 1 year
93	from the first violation of the same rule or regulation, rental
94	agreement provision, or this chapter does not constitute a
95	ground for eviction under this section.
96
97	No properly promulgated rule or regulation may be arbitrarily
98	applied and used as a ground for eviction.
99	(d) Change in use of the land comprising the mobile home
100	park, or the portion thereof from which mobile homes are to be
101	evicted, from mobile home lot rentals to some other use,
102	provided:
103	1. The park owner gives written notice to the homeowners'
104	association formed and operating pursuant to ss. 723.075-723.079
105	of its right to purchase the mobile home park, if the land
106	comprising the mobile home park is changing use from mobile home
107	lot rentals to a different use, at the price and terms and
108	conditions set forth in such written notice.
109	a. Notice shall be given to the officers of the
110	homeowners' association by United States mail. Within 45 days
111	after the date of mailing the notice, the homeowners'
112	association shall have the right to execute and deliver a
113	contract to the park owner to purchase the mobile home park
114	under the same price and terms and conditions as set forth in
115	the notice. The conditions in the notice may require the
116	purchase of other real estate that is contiguous or adjacent to
117	the mobile home park. If such contract between the park owner
118	and the homeowners' association is not executed and delivered to
119	the park owner within the 45-day period, the park owner shall be
120	under no further obligation to the homeowners' association under
121	this sub-subparagraph, and her or his only obligation shall be
122	as set forth in sub-subparagraph b.
123	b. If the park owner elects to offer or sell the park at a
124	price lower than the price specified in her or his initial
125	notice to the officers of the homeowners' association, the
126	homeowners' association shall have an additional 10 days to meet
127	the revised price and terms and conditions of the park owner by
128	executing and delivering the revised contract to the park owner.
129	c. The park owner shall have no obligation under this
130	paragraph or s. 723.071 to give any further notice to or to
131	negotiate with the homeowners' association for the sale of the
132	mobile home park to the homeowners' association after 6 months
133	from the date of mailing the initial notice described in sub-
134	subparagraph a.
135	2. The park owner gives the affected mobile home owners
136	and mobile home tenants with all tenants affected are given at
137	least 6 months' notice of eviction due to the projected change
138	in of use and of their need to secure other accommodations.
139	a. The notice of eviction due to a change in use of the
140	land may be given to the affected mobile home owners at the same
141	time as or after the notice of a right to purchase the mobile
142	home park has been given to the officers of the homeowners'
143	association as set forth in subparagraph 1.a.
144	b. The notice of eviction due to a change in use of the
145	land shall include in a font no smaller than the body of the
146	notice the following statement: YOU MAY BE ENTITLED TO
147	COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND,
148	ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION
149	(FMHRC). FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA
150	DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.
151	c. 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 approval is granted, the mobile home owner or mobile
161	home tenant shall have 7 days from the date the notice of the
162	failure to be approved for tenancy is delivered to vacate the
163	premises.
164	(2) In the event of eviction for change in of use,
165	homeowners must object to the change in use by petitioning for
166	administrative or judicial remedies within 90 days of the date
167	of the notice or they will be barred from taking any subsequent
168	action to contest the change in use. This provision shall not be
169	construed to prevent any homeowner from objecting to a zoning
170	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, occupant, or a mobile home shall
175	file, in the county court in the county where the mobile home
176	lot is situated, a complaint describing the lot and stating the
177	facts that authorize the removal of the mobile home owner,
178	tenant, occupant, or the mobile home. The park owner is entitled
179	to the summary procedure provided in s. 51.011, and the court
180	shall advance the cause on the calendar.
181	(4)(5) Except for the notice to the officers of the
182	homeowners' association as provided in subparagraph (1)(d)1.,
183	any notice required by this section must be in writing, and must
184	be posted on the premises and sent to the mobile home owner and
185	tenant or occupant, as appropriate, by certified or registered
186	mail, return receipt requested, addressed to the mobile home
187	owner and tenant or occupant, as appropriate, at her or his last
188	known address. Delivery of the mailed notice shall be deemed
189	given 5 days after the date of postmark.
190	Section 4. This act shall take effect July 1, 2010.

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