Bill Text: FL H0513 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Mobile Home Park Tenancies

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-04-30 - Died on Calendar [H0513 Detail]

Download: Florida-2010-H0513-Introduced.html
HB 513
1
A bill to be entitled
2An act relating to mobile home park tenancies; amending s.
3420.0003, F.S.; directing the Florida Housing Finance
4Corporation to provide opportunities and develop
5incentives for mobile home owners to purchase their mobile
6home park; amending s. 420.502, F.S.; providing
7legislative findings; amending s. 723.061, F.S.; revising
8procedures for mobile home owners being provided eviction
9notice due to a change in use of the land comprising the
10mobile home park; requiring certain notice to the
11homeowners' association; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (e) is added to subsection (4) of
16section 420.0003, Florida Statutes, to read:
17 420.0003 State housing strategy.-
18 (4) IMPLEMENTATION.-The Department of Community Affairs
19and the Florida Housing Finance Corporation in carrying out the
20strategy articulated herein shall have the following duties:
21 (e) The Florida Housing Finance Corporation shall use its
22programs, including the issuance of revenue bonds, to provide
23opportunities and develop incentives for mobile home owners to
24purchase their mobile home park.
25 Section 2. Subsection (9) is added to section 420.502,
26Florida Statutes, to read:
27 420.502 Legislative findings.-It is hereby found and
28declared as follows:
29 (9) Mobile home parks are an essential element of
30providing affordable housing in the state.
31 Section 3. Section 723.061, Florida Statutes, is amended
32to read:
33 723.061 Eviction; grounds, proceedings.-
34 (1) A mobile home park owner may evict a mobile home
35owner, a mobile home tenant, a mobile home occupant, or a mobile
36home only on one or more of the grounds provided in this
37section.
38 (a) Nonpayment of lot rental amount. If a mobile home
39owner or tenant, whichever is responsible, fails to pay the lot
40rental amount when due and if the default continues for 5 days
41after delivery of a written demand by the mobile home park owner
42for payment of the lot rental amount, the park owner may
43terminate the tenancy. However, if the mobile home owner or
44tenant, whichever is responsible, pays the lot rental amount
45due, including any late charges, court costs, and attorney's
46fees, the court may, for good cause, deny the order of eviction,
47provided such nonpayment has not occurred more than twice.
48 (b) Conviction of a violation of a federal or state law or
49local ordinance, which violation may be deemed detrimental to
50the health, safety, or welfare of other residents of the mobile
51home park. The mobile home owner or mobile home tenant will have
527 days from the date that notice to vacate is delivered to
53vacate the premises. This paragraph shall be grounds to deny an
54initial 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
57agreement, or this chapter.
58 1. For the first violation of any properly promulgated
59rule or regulation, rental agreement provision, or this chapter
60which is found by any court having jurisdiction thereof to have
61been an act which endangered the life, health, safety, or
62property of the park residents or employees or the peaceful
63enjoyment of the mobile home park by its residents, the mobile
64home park owner may terminate the rental agreement, and the
65mobile home owner, tenant, or occupant will have 7 days from the
66date that the notice is delivered to vacate the premises.
67 2. For a second violation of the same properly promulgated
68rule or regulation, rental agreement provision, or this chapter
69within 12 months, the mobile home park owner may terminate the
70tenancy if she or he has given the mobile home owner, tenant, or
71occupant written notice within 30 days of the first violation,
72which notice specified the actions of the mobile home owner,
73tenant, or occupant which caused the violation and gave the
74mobile home owner, tenant, or occupant 7 days to correct the
75noncompliance. The mobile home owner, tenant, or occupant must
76have received written notice of the ground upon which she or he
77is to be evicted at least 30 days prior to the date on which she
78or he is required to vacate. A second violation of a properly
79promulgated rule or regulation, rental agreement provision, or
80this chapter within 12 months of the first violation is
81unequivocally a ground for eviction, and it is not a defense to
82any eviction proceeding that a violation has been cured after
83the second violation. Violation of a rule or regulation, rental
84agreement provision, or this chapter after the passage of 1 year
85from the first violation of the same rule or regulation, rental
86agreement provision, or this chapter does not constitute a
87ground for eviction under this section.
88
89No properly promulgated rule or regulation may be arbitrarily
90applied and used as a ground for eviction.
91 (d) Change in use of the land comprising the mobile home
92park, or the portion thereof from which mobile homes are to be
93evicted, from mobile home lot rentals to some other use,
94provided:
95 1. The park owner gives written notice to the homeowners'
96association formed and operating pursuant to ss. 723.075-723.079
97of their right to purchase the mobile home park, if the land
98comprising the mobile home park is changing use from mobile home
99lot rentals to a different use, at the price and terms and
100conditions set forth in such written notice.
101 a. Notice shall be provided to the officers of the
102homeowners' association by United States mail. Within 45 days
103after the date of mailing the notice, the homeowners'
104association shall have the right to execute and deliver a
105contract to the park owner to purchase the mobile home park
106under the same price and terms and conditions as set forth in
107the notice. The conditions in the notice may require the
108purchase of other real estate that is contiguous or adjacent to
109the mobile home park. If such contract between the park owner
110and the homeowners' association is not executed and delivered to
111the park owner within the 45-day period, the park owner shall be
112under no further obligation to the homeowners' association under
113this sub-subparagraph, and her or his only obligation shall be
114as set forth in sub-subparagraph b.
115 b. If the park owner elects to offer or sell the park at a
116price lower than the price specified in her or his initial
117notice to the officers of the homeowners' association, the
118homeowners' association shall have an additional 10 days to meet
119the revised price and terms and conditions of the park owner by
120executing and delivering the revised contract to the park owner.
121 c. The park owner shall have no obligation under this
122paragraph or s. 723.071 to provide any further notice to or to
123negotiate with the homeowners' association for the sale of the
124mobile home park to the homeowners' association after 6 months
125from the date of mailing the initial notice described in sub-
126subparagraph a.
127 2. The park owner provides the affected mobile home owners
128with all tenants affected are given at least 6 months' notice of
129eviction due to the projected change in of use and of their need
130to secure other accommodations.
131 a. The notice of eviction due to a change in use of the
132land may be provided to the affected mobile home owners at the
133same time as or after the notice of a right to purchase the
134mobile home park has been provided to the officers of the
135homeowners' association as set forth in subparagraph 1.a.
136 b. The notice of eviction due to a change in use of the
137land shall include in a font no smaller than the body of the
138notice the following statement: YOU MAY BE ENTITLED TO
139COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND,
140ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION
141(FMHRC). FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA
142DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.
143 c. The park owner may not give a notice of increase in lot
144rental amount within 90 days before giving notice of a change in
145use.
146 (e) Failure of the purchaser, prospective tenant, or
147occupant of a mobile home situated in the mobile home park to be
148qualified as, and to obtain approval to become, a tenant or
149occupant of the home, if such approval is required by a properly
150promulgated rule. If a purchaser or prospective tenant of a
151mobile home situated in the mobile home park occupies the mobile
152home before approval is granted, the mobile home owner or mobile
153home tenant shall have 7 days from the date the notice of the
154failure to be approved for tenancy is delivered to vacate the
155premises.
156 (2) In the event of eviction for change in of use,
157homeowners must object to the change in use by petitioning for
158administrative or judicial remedies within 90 days of the date
159of the notice or they will be barred from taking any subsequent
160action to contest the change in use. This provision shall not be
161construed to prevent any homeowner from objecting to a zoning
162change at any time.
163 (3) The provisions of s. 723.083 shall not be applicable
164to any park where the provisions of paragraph (1)(d) this
165subsection apply.
166 (4) A mobile home park owner applying for the removal of a
167mobile home owner, tenant, occupant, or a mobile home shall
168file, in the county court in the county where the mobile home
169lot is situated, a complaint describing the lot and stating the
170facts that authorize the removal of the mobile home owner,
171tenant, occupant, or the mobile home. The park owner is entitled
172to the summary procedure provided in s. 51.011, and the court
173shall advance the cause on the calendar.
174 (5) Except for the notice to the officers of the
175homeowners' association as provided in subparagraph (1)(d)1.,
176any notice required by this section must be in writing, and must
177be posted on the premises and sent to the mobile home owner and
178tenant or occupant, as appropriate, by certified or registered
179mail, return receipt requested, addressed to the mobile home
180owner and tenant or occupant, as appropriate, at her or his last
181known address. Delivery of the mailed notice shall be deemed
182given 5 days after the date of postmark.
183 Section 4. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.
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