Bill Text: FL S0386 | 2012 | Regular Session | Introduced

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Bill Title: Mobile Home Park Tenancies

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-09 - Died in Regulated Industries [S0386 Detail]

Download: Florida-2012-S0386-Introduced.html

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       Florida Senate - 2012                                     SB 386
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-00360A-12                                           2012386__
    1                        A bill to be entitled                      
    2         An act relating to mobile home park tenancies;
    3         amending s. 723.059, F.S.; clarifying provisions
    4         authorizing a mobile home park owner to increase the
    5         rental amount paid by a purchaser of a mobile home
    6         following expiration of the assumed rental agreement;
    7         allowing a mobile home park owner to require a
    8         purchaser to enter into a new tenancy under a new
    9         rental agreement and prospectus upon the expiration of
   10         an assumed rental agreement if the prospectus and
   11         rental agreement are delivered to the purchaser before
   12         occupancy; 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 promulgated rules may provide for the
   26  screening of any prospective purchaser to determine whether or
   27  not such purchaser is qualified to become a tenant of the park.
   28         (3) The purchaser of a mobile home who becomes a resident
   29  of the mobile home park in accordance with this section has the
   30  right to assume the remainder of the term of any rental
   31  agreement then in effect between the mobile home park owner and
   32  the seller and shall be entitled to rely on the terms and
   33  conditions of the prospectus or offering circular as delivered
   34  to the initial recipient.
   35         (4) However, this section does not nothing herein shall be
   36  construed to prohibit a mobile home park owner from requiring
   37  the purchaser to enter into a new tenancy under a new rental
   38  agreement and prospectus and increasing the rental amount to be
   39  paid by the purchaser upon the expiration of the assumed rental
   40  agreement in an amount deemed appropriate by the mobile home
   41  park owner, if the so long as such increase is disclosed to the
   42  purchaser and the prospectus and rental agreement are delivered
   43  to the purchaser before prior to his or her occupancy and is
   44  imposed in a manner consistent with the initial offering
   45  circular or prospectus and this act.
   46         (5) Lifetime leases, both those existing and those entered
   47  into after July 1, 1986, are shall be nonassumable unless
   48  otherwise provided in the lot rental agreement or unless the
   49  transferee is the home owner’s spouse. The renewal provisions in
   50  automatically renewable leases, both those existing and those
   51  entered into after July 1, 1986, are not assumable unless
   52  otherwise provided in the lease agreement.
   53         Section 2. This act shall take effect July 1, 2012.