Bill Text: FL S0832 | 2011 | Regular Session | Introduced

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Bill Title: Mobile Home Park Lot Tenancies

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0832 Detail]

Download: Florida-2011-S0832-Introduced.html

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       Florida Senate - 2011                                     SB 832
       
       
       
       By Senator Fasano
       
       
       
       
       11-00936-11                                            2011832__
    1                        A bill to be entitled                      
    2         An act relating to mobile home park lot tenancies;
    3         amending s. 723.006, F.S.; revising duties of the
    4         Division of Florida Condominiums, Timeshares, and
    5         Mobile Homes relating to proposed amendments to a
    6         prospectus or offering circular; amending s. 723.011,
    7         F.S.; revising park owner disclosure requirements for
    8         prospective lessees; amending s. 723.037, F.S.;
    9         clarifying what constitutes the market area or the
   10         competitive area for comparable mobile home parks;
   11         providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (8) of section 723.006, Florida
   16  Statutes, is amended to read:
   17         723.006 Powers and duties of division.—In performing its
   18  duties, the division has the following powers and duties:
   19         (8) The division has the authority by rule to authorize
   20  amendments permitted by this chapter to an approved prospectus
   21  or offering circular. Prior to approving any proposed amendments
   22  to a prospectus or offering circular, the division shall provide
   23  notice to the homeowners’ association of such amendments.
   24         Section 2. Subsections (2) and (3) of section 723.011,
   25  Florida Statutes, are amended to read:
   26         723.011 Disclosure prior to rental of a mobile home lot;
   27  prospectus, filing, approval.—
   28         (2) The park owner shall furnish to each prospective lessee
   29  a copy of the prospectus or offering circular together with all
   30  of the exhibits thereto and a mobile home expense disclosure
   31  document containing all the information required by s.
   32  723.012(7), (8), (9), and (10). The mobile home expense
   33  disclosure document shall also include past, present, and
   34  estimated future lease year amounts and any other factors that
   35  may affect rent variations, such as lot location or size to each
   36  prospective lessee. Delivery shall be made prior to execution of
   37  the lot rental agreement or at the time of occupancy, whichever
   38  occurs first. Upon delivery of a prospectus to a prospective
   39  lessee, the lot rental agreement is voidable by the lessee for a
   40  period of 15 days. However, the park owner is not required to
   41  furnish a copy of the prospectus or offering circular if the
   42  tenancy is a renewal of a tenancy and the mobile home owner has
   43  previously received the prospectus or offering circular.
   44         (3) The prospectus or offering circular, together with its
   45  exhibits, and the mobile home expense disclosure document are is
   46  a disclosure documents document intended to afford protection to
   47  homeowners and prospective homeowners in the mobile home park.
   48  The purpose of the documents document is to disclose the
   49  representations of the mobile home park owner concerning the
   50  operations of the mobile home park.
   51         Section 3. Paragraph (e) of subsection (4) of section
   52  723.037, Florida Statutes, is redesignated as paragraph (f), and
   53  a new paragraph (e) is added to that subsection to read:
   54         723.037 Lot rental increases; reduction in services or
   55  utilities; change in rules and regulations; mediation.—
   56         (4)
   57         (e) For purposes of this subsection, the market area or the
   58  competitive area for comparable mobile home parks is the county
   59  in which the subject park is located along with any contiguous
   60  counties.
   61  
   62  This subsection is not intended to be enforced by civil or
   63  administrative action. Rather, the meetings and discussions are
   64  intended to be in the nature of settlement discussions prior to
   65  the parties proceeding to mediation of any dispute.
   66         Section 4. This act shall take effect July 1, 2011.