Bill Text: FL H0271 | 2012 | Regular Session | Introduced

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Bill Title: Mobile Home Park Tenancies

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2012-03-09 - Died in Civil Justice Subcommittee [H0271 Detail]

Download: Florida-2012-H0271-Introduced.html

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HB 271

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
17	to 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.

CODING: Words stricken are deletions; words underlined are additions.