Bill Text: FL S0114 | 2014 | Regular Session | Introduced

Florida Senate Bill 114 (Prior Session Legislation)

Introduced

Bill Title: Mobile Home Park Lot Tenancies

Spectrum: Bipartisan Bill

Status: (Failed) 2014-05-02 - Died in Regulated Industries [S0114 Detail]

Download: Florida-2014-S0114-Introduced.html

       Florida Senate - 2014                                     SB 114
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00153-14                                             2014114__
    1                        A bill to be entitled                      
    2         An act relating to mobile home park lot tenancies;
    3         amending s. 723.059, F.S.; authorizing a mobile home
    4         park owner to increase the lot rental of the purchaser
    5         of a mobile home on a leased lot in the mobile home
    6         park; providing limitations on the amount of rent
    7         increase; providing guidelines for determining the
    8         amount of the adjustment; requiring a disclosure
    9         statement to be executed at the time of purchase;
   10         limiting the amount of lot rental increase on a lot
   11         that was previously subject to a lifetime lease;
   12         providing a penalty; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 723.059, Florida Statutes, is amended to
   17  read:
   18         723.059 Rights of purchaser.—
   19         (1) The purchaser of a mobile home within a mobile home
   20  park may become a tenant of the park if such purchaser would
   21  otherwise qualify with the requirements of entry into the park
   22  under the park rules and regulations, subject to the approval of
   23  the park owner, but such approval may not be unreasonably
   24  withheld.
   25         (2) Properly adopted promulgated rules may provide for the
   26  screening of a any prospective purchaser to determine whether
   27  the or not such purchaser is qualified to become a tenant of the
   28  park.
   29         (3) The purchaser of a mobile home who becomes a resident
   30  of the mobile home park in accordance with this section has the
   31  right to assume the remainder of the term of a any rental
   32  agreement then in effect between the mobile home park owner and
   33  the seller and is shall be entitled to rely on the terms and
   34  conditions of the prospectus or offering circular as delivered
   35  to the initial recipient.
   36         (4) This section does not However, nothing herein shall be
   37  construed to prohibit a mobile home park owner from increasing
   38  the rental amount to be paid by the purchaser upon the
   39  expiration of the assumed rental agreement. However, the initial
   40  increase is limited to a one-time fair and reasonable rent
   41  adjustment based upon the 12-month percentage change in the
   42  Consumer Price Index for All Urban Consumers, U.S. City Average,
   43  All Items, not seasonally adjusted, published by the Bureau of
   44  Labor Statistics of the United States Department of Labor, for
   45  the previous calendar year before the purchase of the mobile
   46  home and assumption of the rental lease agreement. The
   47  adjustment may not take effect until the next scheduled annual
   48  rent increase that provides at least 90 days’ notice to all
   49  residents of a mobile home park in an amount deemed appropriate
   50  by the mobile home park owner, so long as such increase is
   51  disclosed to the purchaser prior to his or her occupancy and is
   52  imposed in a manner consistent with the initial offering
   53  circular or prospectus and this act.
   54         (5) Before signing the purchase agreement, the mobile home
   55  park owner or its agent shall explain to the purchaser and
   56  provide the purchaser with a copy of the provisions of this
   57  section, the terms of the one-time rent adjustment pursuant to
   58  subsection (4), and the manner in which all future annual rent
   59  increases will be determined. At the time of purchase, the
   60  purchaser and the mobile home park owner or its agent must sign
   61  a disclosure statement affirming that the purchaser received
   62  these items and that each of them was explained to the purchaser
   63  before the signing of the purchase agreement. The mobile home
   64  park owner or its agent is required to maintain a signed copy of
   65  the disclosure statement on file, provide a copy of the
   66  statement to the purchaser, and forward a copy of the statement
   67  to the Department of Business and Professional Regulation no
   68  later than 15 days after the sales transaction is completed.
   69         (6)(5) Lifetime leases, both those existing and those
   70  entered into after July 1, 1986, are shall be nonassumable
   71  unless otherwise provided in the lot rental agreement or unless
   72  the transferee is the homeowner’s home owner’s spouse. The
   73  mobile home park owner may increase the rent due under such
   74  lease to an amount no greater than the lowest monthly rental in
   75  the mobile home park at the time of the sale. The renewal
   76  provisions in automatically renewable leases, both those
   77  existing and those entered into after July 1, 1986, are not
   78  assumable unless otherwise provided in the lease agreement.
   79         (7) The Department of Business and Professional Regulation
   80  shall impose a penalty of up to $5,000 on a mobile home park
   81  owner that fails to comply with the requirements of this
   82  section.
   83         Section 2. This act shall take effect July 1, 2014.