Bill Text: FL S0650 | 2011 | Regular Session | Comm Sub

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

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Bill Title: Mobile Home Park Lot Tenancies

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2011-05-04 - Ordered enrolled -SJ 851 [S0650 Detail]

Download: Florida-2011-S0650-Comm_Sub.html

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       Florida Senate - 2011                              CS for SB 650
       
       
       
       By the Committee on Regulated Industries; and Senator Jones
       
       
       
       
       580-02259-11                                           2011650c1
    1                        A bill to be entitled                      
    2         An act relating to mobile home park lot tenancies;
    3         creating s. 723.024, F.S.; providing for local code
    4         and ordinance violations to be cited to the
    5         responsible party; prohibiting liens, penalties,
    6         fines, or other administrative or civil proceedings
    7         against one party or that party’s property for a duty
    8         or responsibility of the other party; amending s.
    9         723.061, F.S.; revising provisions relating to grounds
   10         and proceedings for eviction; revising procedures for
   11         mobile home owners being provided eviction notice due
   12         to a change in use of the land comprising the mobile
   13         home park or the portion thereof from which mobile
   14         homes are to be evicted; providing requirements of the
   15         park owner and requirements and rights of an
   16         applicable homeowners’ association with respect to the
   17         sale of the mobile home park under a change in use
   18         eviction; deleting a provision relating to
   19         governmental action affecting the removal of mobile
   20         home owners; providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 723.024, Florida Statutes, is created to
   25  read:
   26         723.024 Compliance by mobile home park owners and mobile
   27  home owners.—Notwithstanding any other provision of this chapter
   28  or of any local law, ordinance, or code:
   29         (1) If a unit of local government finds that a violation of
   30  a local code or ordinance has occurred, the unit of local
   31  government shall cite the responsible party for the violation
   32  and enforce the citation under its local code and ordinance
   33  enforcement authority.
   34         (2) A lien, penalty, fine, or other administrative or civil
   35  proceeding may not be brought against a mobile home owner or
   36  mobile home for any duty or responsibility of the mobile home
   37  park owner under s. 723.022 or against a mobile home park owner
   38  or mobile home park property for any duty or responsibility of
   39  the mobile home owner under s. 723.023.
   40         Section 2. Section 723.061, Florida Statutes, is amended to
   41  read:
   42         723.061 Eviction; grounds, proceedings.—
   43         (1) A mobile home park owner may evict a mobile home owner,
   44  a mobile home tenant, a mobile home occupant, or a mobile home
   45  only on one or more of the following grounds: provided in this
   46  section.
   47         (a) Nonpayment of the lot rental amount. If a mobile home
   48  owner or tenant, whichever is responsible, fails to pay the lot
   49  rental amount when due and if the default continues for 5 days
   50  after delivery of a written demand by the mobile home park owner
   51  for payment of the lot rental amount, the park owner may
   52  terminate the tenancy. However, if the mobile home owner or
   53  tenant, whichever is responsible, pays the lot rental amount
   54  due, including any late charges, court costs, and attorney’s
   55  fees, the court may, for good cause, deny the order of eviction,
   56  if provided such nonpayment has not occurred more than twice.
   57         (b) Conviction of a violation of a federal or state law or
   58  local ordinance, if the which violation is may be deemed
   59  detrimental to the health, safety, or welfare of other residents
   60  of the mobile home park. The mobile home owner or mobile home
   61  tenant must vacate the premises within will have 7 days after
   62  from the date the that notice to vacate is delivered to vacate
   63  the premises. This paragraph constitutes shall be grounds to
   64  deny an initial tenancy of a purchaser of a home under pursuant
   65  to paragraph (e) or to evict an unapproved occupant of a home.
   66         (c) Violation of a park rule or regulation, the rental
   67  agreement, or this chapter.
   68         1. For the first violation of any properly promulgated rule
   69  or regulation, rental agreement provision, or this chapter which
   70  is found by any court of competent having jurisdiction thereof
   71  to have been an act that which endangered the life, health,
   72  safety, or property of the park residents or employees or the
   73  peaceful enjoyment of the mobile home park by its residents, the
   74  mobile home park owner may terminate the rental agreement, and
   75  the mobile home owner, tenant, or occupant must vacate the
   76  premises within will have 7 days after from the date that the
   77  notice to vacate is delivered to vacate the premises.
   78         2. For a second violation of the same properly promulgated
   79  rule or regulation, rental agreement provision, or this chapter
   80  within 12 months, the mobile home park owner may terminate the
   81  tenancy if she or he has given the mobile home owner, tenant, or
   82  occupant written notice, within 30 days after of the first
   83  violation, which notice specified the actions of the mobile home
   84  owner, tenant, or occupant that which caused the violation and
   85  gave the mobile home owner, tenant, or occupant 7 days to
   86  correct the noncompliance. The mobile home owner, tenant, or
   87  occupant must have received written notice of the ground upon
   88  which she or he is to be evicted at least 30 days prior to the
   89  date on which she or he is required to vacate. A second
   90  violation of a properly promulgated rule or regulation, rental
   91  agreement provision, or this chapter within 12 months of the
   92  first violation is unequivocally a ground for eviction, and it
   93  is not a defense to any eviction proceeding that a violation has
   94  been cured after the second violation. Violation of a rule or
   95  regulation, rental agreement provision, or this chapter more
   96  than after the passage of 1 year after from the first violation
   97  of the same rule or regulation, rental agreement provision, or
   98  this chapter does not constitute a ground for eviction under
   99  this section.
  100  
  101  A No properly promulgated rule or regulation may not be
  102  arbitrarily applied and used as a ground for eviction.
  103         (d) Change in use of the land comprising the mobile home
  104  park, or the portion thereof from which mobile homes are to be
  105  evicted, from mobile home lot rentals to some other use, if:
  106         1. The park owner gives written notice to the homeowners’
  107  association formed and operating under ss. 723.075-723.079 of
  108  its right to purchase the mobile home park, if the land
  109  comprising the mobile home park is changing use from mobile home
  110  lot rentals to a different use, at the price and under the terms
  111  and conditions set forth in the written notice.
  112         a. The notice shall be delivered to the officers of the
  113  homeowners’ association by United States mail. Within 45 days
  114  after the date of mailing of the notice, the homeowners’
  115  association may execute and deliver a contract to the park owner
  116  to purchase the mobile home park at the price and under the
  117  terms and conditions set forth in the notice. If the contract
  118  between the park owner and the homeowners’ association is not
  119  executed and delivered to the park owner within the 45-day
  120  period, the park owner is under no further obligation to the
  121  homeowners’ association except as provided in sub-subparagraph
  122  b.
  123         b. If the park owner elects to offer or sell the mobile
  124  home park at a price lower than the price specified in her or
  125  his initial notice to the officers of the homeowners’
  126  association, the homeowners’ association has an additional 10
  127  days to meet the revised price, terms, and conditions of the
  128  park owner by executing and delivering a revised contract to the
  129  park owner.
  130         c. The park owner is not obligated under this subparagraph
  131  or s. 723.071 to give any other notice to, or to further
  132  negotiate with, the homeowners’ association for the sale of the
  133  mobile home park to the homeowners’ association after 6 months
  134  after the date of the mailing of the initial notice under sub
  135  subparagraph a.
  136         2. The park owner gives the affected mobile home owners and
  137  tenants provided all tenants affected are given at least 6
  138  months’ notice of the eviction due to the projected change in of
  139  use and of their need to secure other accommodations.
  140         a. The notice of eviction due to a change in use of the
  141  land must shall include in a font no smaller than the body of
  142  the notice the following statement:
  143  
  144         YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA
  145         MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE
  146         FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC).
  147         FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE
  148         FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL
  149         REGULATION.
  150  
  151         b. 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 such approval is granted, the mobile home owner or
  161  mobile home tenant must vacate the premises within shall have 7
  162  days after from the date the notice of the failure to be
  163  approved for tenancy is delivered to vacate the premises.
  164         (2) In the event of eviction for a change in of use,
  165  homeowners must object to the change in use by petitioning for
  166  administrative or judicial remedies within 90 days after of the
  167  date of the notice or they will be barred from taking any
  168  subsequent action to contest the change in use. This subsection
  169  does provision shall not be construed to prevent any homeowner
  170  from objecting to a zoning change at any time.
  171         (3) The provisions of s. 723.083 shall not be applicable to
  172  any park where the provisions of this subsection apply.
  173         (3)(4) A mobile home park owner applying for the removal of
  174  a mobile home owner, tenant, or 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, or occupant, or the mobile home. The park owner is
  179  entitled to the summary procedure provided in s. 51.011, and the
  180  court shall advance the cause on the calendar.
  181         (4)(5) Except for the notice to the officers of the
  182  homeowners’ association under subparagraph (1)(d)1., any notice
  183  required by this section must be in writing, and must be posted
  184  on the premises and sent to the mobile home owner and tenant or
  185  occupant, as appropriate, by certified or registered mail,
  186  return receipt requested, addressed to the mobile home owner and
  187  tenant or occupant, as appropriate, at her or his last known
  188  address. Delivery of the mailed notice shall be deemed given 5
  189  days after the date of postmark.
  190         Section 3. This act shall take effect upon becoming a law.