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