CS/HB 423

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


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