Bill Text: FL S1016 | 2010 | Regular Session | Comm Sub

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

---

Bill Title: Mobile Home Park Tenancies [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-30 - Died on Calendar [S1016 Detail]

Download: Florida-2010-S1016-Comm_Sub.html

---

 
Florida Senate - 2010                             CS for SB 1016 
 
By the Committee on Regulated Industries; and Senator Jones 
580-02029-10                                          20101016c1 
1                        A bill to be entitled 
2         An act relating to mobile home park tenancies; 
3         amending s. 420.0003, F.S.; directing the Florida 
4         Housing Finance Corporation to provide opportunities 
5         and develop incentives for mobile home owners to 
6         purchase their mobile home park; amending s. 420.502, 
7         F.S.; providing legislative findings; amending s. 
8         723.061, F.S.; revising procedures for mobile home 
9         owners being provided eviction notice due to a change 
10         in use of the land comprising the mobile home park; 
11         requiring certain notice to the homeowners’ 
12         association; providing an effective date. 
13 
14  Be It Enacted by the Legislature of the State of Florida: 
15 
16         Section 1. Paragraph (e) is added to subsection (4) of 
17  section 420.0003, Florida Statutes, to read: 
18         420.0003 State housing strategy.— 
19         (4) IMPLEMENTATION.—The Department of Community Affairs and 
20  the Florida Housing Finance Corporation in carrying out the 
21  strategy articulated herein shall have the following duties: 
22         (e) The Florida Housing Finance Corporation shall use its 
23  programs, including the issuance of revenue bonds, to provide 
24  opportunities and develop incentives for mobile home owners to 
25  purchase their mobile home park. 
26         Section 2. Subsection (9) is added to section 420.502, 
27  Florida Statutes, to read: 
28         420.502 Legislative findings.—It is hereby found and 
29  declared as follows: 
30         (9) Mobile home parks are an essential element of providing 
31  affordable housing in the state. 
32         Section 3. Section 723.061, Florida Statutes, is amended to 
33  read: 
34         723.061 Eviction; grounds, proceedings.— 
35         (1) A mobile home park owner may evict a mobile home owner, 
36  a mobile home tenant, a mobile home occupant, or a mobile home 
37  only on one or more of the grounds provided in this section. 
38         (a) Nonpayment of lot rental amount. If a mobile home owner 
39  or tenant, whichever is responsible, fails to pay the lot rental 
40  amount when due and if the default continues for 5 days after 
41  delivery of a written demand by the mobile home park owner for 
42  payment of the lot rental amount, the park owner may terminate 
43  the tenancy. However, if the mobile home owner or tenant, 
44  whichever is responsible, pays the lot rental amount due, 
45  including any late charges, court costs, and attorney’s fees, 
46  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 rule 
59  or regulation, rental agreement provision, or this chapter which 
60  is found by any court having jurisdiction thereof to have been 
61  an act which endangered the life, health, safety, or property of 
62  the park residents or employees or the peaceful enjoyment of the 
63  mobile home park by its residents, the mobile home park owner 
64  may terminate the rental agreement, and the mobile home owner, 
65  tenant, or occupant will have 7 days from the date that the 
66  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 its 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 to 
164  any park where the provisions of this subsection apply. 
165         (4) A mobile home park owner applying for the removal of a 
166  mobile home owner, tenant, occupant, or a mobile home shall 
167  file, in the county court in the county where the mobile home 
168  lot is situated, a complaint describing the lot and stating the 
169  facts that authorize the removal of the mobile home owner, 
170  tenant, occupant, or the mobile home. The park owner is entitled 
171  to the summary procedure provided in s. 51.011, and the court 
172  shall advance the cause on the calendar. 
173         (5) Except for the notice to the officers of the 
174  homeowners’ association as provided in subparagraph (1)(d)1., 
175  any notice required by this section must be in writing, and must 
176  be posted on the premises and sent to the mobile home owner and 
177  tenant or occupant, as appropriate, by certified or registered 
178  mail, return receipt requested, addressed to the mobile home 
179  owner and tenant or occupant, as appropriate, at her or his last 
180  known address. Delivery of the mailed notice shall be deemed 
181  given 5 days after the date of postmark. 
182         Section 4. This act shall take effect July 1, 2010.