Bill Text: FL H0513 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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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 opportunities and develop
5	incentives for mobile home owners to purchase their mobile
6	home park; amending s. 420.502, F.S.; providing
7	legislative findings; amending s. 723.061, F.S.; revising
8	procedures for mobile home owners being provided eviction
9	notice due to a change in use of the land comprising the
10	mobile home park; requiring certain notice to the
11	homeowners' 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	programs, including the issuance of revenue bonds, to provide
23	opportunities and develop incentives for mobile home owners to
24	purchase their mobile home park.
25	Section 2. Subsection (9) is added to section 420.502,
26	Florida Statutes, to read:
27	420.502 Legislative findings.-It is hereby found and
28	declared as follows:
29	(9) Mobile home parks are an essential element of
30	providing affordable housing in the state.
31	Section 3. Section 723.061, Florida Statutes, is amended
32	to read:
33	723.061 Eviction; grounds, proceedings.-
34	(1) A mobile home park owner may evict a mobile home
35	owner, a mobile home tenant, a mobile home occupant, or a mobile
36	home only on one or more of the grounds provided in this
37	section.
38	(a) Nonpayment of lot rental amount. If a mobile home
39	owner or tenant, whichever is responsible, fails to pay the lot
40	rental amount when due and if the default continues for 5 days
41	after delivery of a written demand by the mobile home park owner
42	for payment of the lot rental amount, the park owner may
43	terminate the tenancy. However, if the mobile home owner or
44	tenant, whichever is responsible, pays the lot rental amount
45	due, including any late charges, court costs, and attorney's
46	fees, the court may, for good cause, deny the order of eviction,
47	provided such nonpayment has not occurred more than twice.
48	(b) Conviction of a violation of a federal or state law or
49	local ordinance, which violation may be deemed detrimental to
50	the health, safety, or welfare of other residents of the mobile
51	home park. The mobile home owner or mobile home tenant will have
52	7 days from the date that notice to vacate is delivered to
53	vacate the premises. This paragraph shall be grounds to deny an
54	initial tenancy of a purchaser of a home pursuant to paragraph
55	(e) or to evict an unapproved occupant of a home.
56	(c) Violation of a park rule or regulation, the rental
57	agreement, or this chapter.
58	1. For the first violation of any properly promulgated
59	rule or regulation, rental agreement provision, or this chapter
60	which is found by any court having jurisdiction thereof to have
61	been an act which endangered the life, health, safety, or
62	property of the park residents or employees or the peaceful
63	enjoyment of the mobile home park by its residents, the mobile
64	home park owner may terminate the rental agreement, and the
65	mobile home owner, tenant, or occupant will have 7 days from the
66	date that the notice is delivered to vacate the premises.
67	2. For a second violation of the same properly promulgated
68	rule or regulation, rental agreement provision, or this chapter
69	within 12 months, the mobile home park owner may terminate the
70	tenancy if she or he has given the mobile home owner, tenant, or
71	occupant written notice within 30 days of the first violation,
72	which notice specified the actions of the mobile home owner,
73	tenant, or occupant which caused the violation and gave the
74	mobile home owner, tenant, or occupant 7 days to correct the
75	noncompliance. The mobile home owner, tenant, or occupant must
76	have received written notice of the ground upon which she or he
77	is to be evicted at least 30 days prior to the date on which she
78	or he is required to vacate. A second violation of a properly
79	promulgated rule or regulation, rental agreement provision, or
80	this chapter within 12 months of the first violation is
81	unequivocally a ground for eviction, and it is not a defense to
82	any eviction proceeding that a violation has been cured after
83	the second violation. Violation of a rule or regulation, rental
84	agreement provision, or this chapter after the passage of 1 year
85	from the first violation of the same rule or regulation, rental
86	agreement provision, or this chapter does not constitute a
87	ground for eviction under this section.
88
89	No properly promulgated rule or regulation may be arbitrarily
90	applied and used as a ground for eviction.
91	(d) Change in use of the land comprising the mobile home
92	park, or the portion thereof from which mobile homes are to be
93	evicted, from mobile home lot rentals to some other use,
94	provided:
95	1. The park owner gives written notice to the homeowners'
96	association formed and operating pursuant to ss. 723.075-723.079
97	of their right to purchase the mobile home park, if the land
98	comprising the mobile home park is changing use from mobile home
99	lot rentals to a different use, at the price and terms and
100	conditions set forth in such written notice.
101	a. Notice shall be provided to the officers of the
102	homeowners' association by United States mail. Within 45 days
103	after the date of mailing the notice, the homeowners'
104	association shall have the right to execute and deliver a
105	contract to the park owner to purchase the mobile home park
106	under the same price and terms and conditions as set forth in
107	the notice. The conditions in the notice may require the
108	purchase of other real estate that is contiguous or adjacent to
109	the mobile home park. If such contract between the park owner
110	and the homeowners' association is not executed and delivered to
111	the park owner within the 45-day period, the park owner shall be
112	under no further obligation to the homeowners' association under
113	this sub-subparagraph, and her or his only obligation shall be
114	as set forth in sub-subparagraph b.
115	b. If the park owner elects to offer or sell the park at a
116	price lower than the price specified in her or his initial
117	notice to the officers of the homeowners' association, the
118	homeowners' association shall have an additional 10 days to meet
119	the revised price and terms and conditions of the park owner by
120	executing and delivering the revised contract to the park owner.
121	c. The park owner shall have no obligation under this
122	paragraph or s. 723.071 to provide any further notice to or to
123	negotiate with the homeowners' association for the sale of the
124	mobile home park to the homeowners' association after 6 months
125	from the date of mailing the initial notice described in sub-
126	subparagraph a.
127	2. The park owner provides the affected mobile home owners
128	with all tenants affected are given at least 6 months' notice of
129	eviction due to the projected change in of use and of their need
130	to secure other accommodations.
131	a. The notice of eviction due to a change in use of the
132	land may be provided to the affected mobile home owners at the
133	same time as or after the notice of a right to purchase the
134	mobile home park has been provided to the officers of the
135	homeowners' association as set forth in subparagraph 1.a.
136	b. The notice of eviction due to a change in use of the
137	land shall include in a font no smaller than the body of the
138	notice the following statement: YOU MAY BE ENTITLED TO
139	COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND,
140	ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION
141	(FMHRC). FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA
142	DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.
143	c. The park owner may not give a notice of increase in lot
144	rental amount within 90 days before giving notice of a change in
145	use.
146	(e) Failure of the purchaser, prospective tenant, or
147	occupant of a mobile home situated in the mobile home park to be
148	qualified as, and to obtain approval to become, a tenant or
149	occupant of the home, if such approval is required by a properly
150	promulgated rule. If a purchaser or prospective tenant of a
151	mobile home situated in the mobile home park occupies the mobile
152	home before approval is granted, the mobile home owner or mobile
153	home tenant shall have 7 days from the date the notice of the
154	failure to be approved for tenancy is delivered to vacate the
155	premises.
156	(2) In the event of eviction for change in of use,
157	homeowners must object to the change in use by petitioning for
158	administrative or judicial remedies within 90 days of the date
159	of the notice or they will be barred from taking any subsequent
160	action to contest the change in use. This provision shall not be
161	construed to prevent any homeowner from objecting to a zoning
162	change at any time.
163	(3) The provisions of s. 723.083 shall not be applicable
164	to any park where the provisions of paragraph (1)(d) this
165	subsection apply.
166	(4) A mobile home park owner applying for the removal of a
167	mobile home owner, tenant, occupant, or a mobile home shall
168	file, in the county court in the county where the mobile home
169	lot is situated, a complaint describing the lot and stating the
170	facts that authorize the removal of the mobile home owner,
171	tenant, occupant, or the mobile home. The park owner is entitled
172	to the summary procedure provided in s. 51.011, and the court
173	shall advance the cause on the calendar.
174	(5) Except for the notice to the officers of the
175	homeowners' association as provided in subparagraph (1)(d)1.,
176	any notice required by this section must be in writing, and must
177	be posted on the premises and sent to the mobile home owner and
178	tenant or occupant, as appropriate, by certified or registered
179	mail, return receipt requested, addressed to the mobile home
180	owner and tenant or occupant, as appropriate, at her or his last
181	known address. Delivery of the mailed notice shall be deemed
182	given 5 days after the date of postmark.
183	Section 4. This act shall take effect July 1, 2010.

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