Bill Text: FL H0537 | 2012 | Regular Session | Introduced

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Bill Title: Mobile Home Parks

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2012-03-09 - Died in Business and Consumer Affairs Subcommittee [H0537 Detail]

Download: Florida-2012-H0537-Introduced.html

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HB 537

1	A bill to be entitled
2	An act relating to mobile home parks; amending s.
3	723.003, F.S.; defining the term "amenity"; amending
4	s. 723.006, F.S.; providing preconditions for the
5	amendment of a prospectus or offering circular;
6	amending s. 723.011, F.S.; providing additional
7	disclosure requirements before the rental of a mobile
8	home lot; requiring the Division of Florida
9	Condominiums, Timeshares, and Mobile Homes to create a
10	mobile home disclosure document for certain purposes;
11	providing intent and purpose of disclosure; amending
12	s. 723.012, F.S.; providing additional required
13	prospectus or offering circular information relating
14	to change of land use; amending s. 723.037, F.S.;
15	providing notice requirements for a reduction in
16	services, utilities, or amenities by a park owner;
17	providing what constitutes the market area or the
18	competitive area for comparable mobile home parks;
19	amending s. 723.06116, F.S.; increasing fees for
20	mobile home park owner applications for payment of
21	moving expenses; amending s. 723.0612, F.S.; revising
22	the payment amounts mobile home owners are entitled
23	from the Florida Mobile Home Relocation Corporation
24	under certain conditions involving a change in land
25	use; amending s. 723.075, F.S.; deleting a provision
26	authorizing homeowners of certain concrete block homes
27	to be part of the homeowners' association and to serve
28	on the board of directors of the association under
29	certain circumstances; amending s. 553.382, F.S.;
30	correcting a reference; providing an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Subsection (16) is added to section 723.003,
35	Florida Statutes, to read:
36	723.003  Definitions.-As used in this chapter, the
37	following words and terms have the following meanings unless
38	clearly indicated otherwise:
39	(16)  The term "amenity" means any tangible or intangible
40	benefit offered to a tenant at no fee, typically onsite
41	recreational facilities or planned programs, services, and
42	activities, as established by the National Council of Affordable
43	Housing Market Analysts.
44	Section 2.  Subsection (8) of section 723.006, Florida
45	Statutes, is amended to read:
46	723.006  Powers and duties of division.-In performing its
47	duties, the division has the following powers and duties:
48	(8)  The division has the authority by rule to authorize
49	amendments permitted by this chapter to an approved prospectus
50	or offering circular. At least 60 days before submitting any
51	amendment to the division, the mobile home park owner must meet
52	with the homeowners' association or, if a homeowners'
53	association has not been established, a committee, not to exceed
54	five members, designated by a majority of the affected
55	homeowners, to provide the association or committee with the
56	amendments to the prospectus or offering circular. Before
57	approving any amendments to a prospectus or offering circular,
58	the division shall provide notice of the amendments to the
59	homeowners' association or, if a homeowners' association has not
60	been established, to a committee, not to exceed five members,
61	designated by a majority of the affected homeowners. The
62	division may not approve an amendment unless the requirements of
63	this subsection are met.
64	Section 3.  Subsections (2) and (3) of section 723.011,
65	Florida Statutes, are amended to read:
66	723.011  Disclosure prior to rental of a mobile home lot;
67	prospectus, filing, approval.-
68	(2)  The park owner shall furnish to each prospective
69	lessee a copy of the prospectus or offering circular together
70	with all of the exhibits thereto and a mobile home expense
71	disclosure document containing all the information required by
72	s. 723.012(7), (8), (9), and (10) to each prospective lessee.
73	The mobile home expense disclosure document shall include past,
74	present, and estimated future lease-year amounts and any other
75	factors that may affect rent variations, such as lot location or
76	size. The division shall create the mobile home disclosure
77	document through its rulemaking authority. Delivery shall be
78	made prior to execution of the lot rental agreement or at the
79	time of occupancy, whichever occurs first. Upon delivery of a
80	prospectus to a prospective lessee, the lot rental agreement is
81	voidable by the lessee for a period of 15 days. However, the
82	park owner is not required to furnish a copy of the prospectus
83	or offering circular if the tenancy is a renewal of a tenancy
84	and the mobile home owner has previously received the prospectus
85	or offering circular.
86	(3)  The prospectus or offering circular together with its
87	exhibits and the mobile home expense disclosure document are is
88	a disclosure documents document intended to afford protection to
89	homeowners and prospective homeowners in the mobile home park.
90	The purpose of the documents document is to disclose the
91	representations of the mobile home park owner concerning the
92	operations of the mobile home park.
93	Section 4.  Paragraph (b) of subsection (1) of section
94	723.012, Florida Statutes, is amended to read:
95	723.012  Prospectus or offering circular.-The prospectus or
96	offering circular, which is required to be provided by s.
97	723.011, must contain the following information:
98	(1)  The front cover or the first page must contain only:
99	(b)  The following statements in conspicuous type:
100	1.  THIS PROSPECTUS CONTAINS VERY IMPORTANT INFORMATION
101	REGARDING YOUR LEGAL RIGHTS AND YOUR FINANCIAL OBLIGATIONS IN
102	LEASING A MOBILE HOME LOT. MAKE SURE THAT YOU READ THE ENTIRE
103	DOCUMENT AND SEEK LEGAL ADVICE IF YOU HAVE ANY QUESTIONS
104	REGARDING THE INFORMATION SET FORTH IN THIS DOCUMENT.
105	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
106	NATURE. A PROSPECTIVE LESSEE SHOULD REFER TO ALL REFERENCES, ALL
107	EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS.
108	3.  ORAL REPRESENTATIONS SHOULD NOT BE RELIED UPON AS
109	CORRECTLY STATING THE REPRESENTATIONS OF THE PARK OWNER OR
110	OPERATOR. REFER TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS
111	EXHIBITS FOR CORRECT REPRESENTATIONS.
112	4.  UPON DELIVERY OF THE PROSPECTUS TO A PROSPECTIVE
113	LESSEE, THE RENTAL AGREEMENT IS VOIDABLE BY THE LESSEE FOR A
114	PERIOD OF 15 DAYS.
115	5.  UPON A CHANGE OF LAND USE, YOU MAY BE EVICTED AND
116	ORDERED TO MOVE YOUR MOBILE HOME WITHIN SIX MONTHS, OR FORFEIT
117	YOUR MOBILE HOME IF THE HOME CANNOT BE RELOCATED, PURSUANT TO
118	SECTION 723.061, FLORIDA STATUTES.
119	Section 5.  Subsections (1) and (2) and paragraphs (a) and
120	(b) of subsection (4) of section 723.037, Florida Statutes, are
121	amended, paragraph (e) of subsection (4) is redesignated as
122	paragraph (f), and a new paragraph (e) is added to subsection
123	(4) of that section, to read:
124	723.037  Lot rental increases; reduction in services, or
125	utilities, or amenities; change in rules and regulations;
126	mediation.-
127	(1)  A park owner shall give written notice to each
128	affected mobile home owner and the board of directors of the
129	homeowners' association, if one has been formed, at least 90
130	days prior to any increase in lot rental amount or reduction in
131	services, or utilities, or amenities provided by the park owner
132	or change in rules and regulations. The notice shall identify
133	all other affected homeowners, which may be by lot number, name,
134	group, or phase. If the affected homeowners are not identified
135	by name, the park owner shall make the names and addresses
136	available upon request. Rules adopted as a result of
137	restrictions imposed by governmental entities and required to
138	protect the public health, safety, and welfare may be enforced
139	prior to the expiration of the 90-day period but are not
140	otherwise exempt from the requirements of this chapter. Pass-
141	through charges must be separately listed as to the amount of
142	the charge, the name of the governmental entity mandating the
143	capital improvement, and the nature or type of the pass-through
144	charge being levied. Notices of increase in the lot rental
145	amount due to a pass-through charge shall state the additional
146	payment and starting and ending dates of each pass-through
147	charge. The homeowners' association shall have no standing to
148	challenge the increase in lot rental amount, reduction in
149	services, or utilities, or amenities, or change of rules and
150	regulations unless a majority of the affected homeowners agree,
151	in writing, to such representation.
152	(2)  Notice as required by this section shall, in addition
153	to the information required in subsection (1), only be required
154	to include the dollar amount of the relevant portions of the
155	present lot rental amount that are being increased and the
156	dollar amount of the proposed increases in lot rental amount if
157	there is an increase in the lot rental amount, the reduction in
158	services, or utilities, or amenities, or the change in rules and
159	regulations and the effective date thereof.
160	(4)(a)  A committee, not to exceed five members in number,
161	designated by a majority of the affected mobile home owners or
162	by the board of directors of the homeowners' association, if
163	applicable, and the park owner shall meet, at a mutually
164	convenient time and place within 30 days after receipt by the
165	homeowners of the notice of change, to discuss the reasons for
166	the increase in lot rental amount, reduction in services, or
167	utilities, or amenities, or change in rules and regulations.
168	(b)1.  At the meeting, the park owner or subdivision
169	developer shall in good faith disclose and explain all material
170	factors resulting in the decision to increase the lot rental
171	amount, reduce services, or utilities, or amenities, or change
172	rules and regulations, including how those factors justify the
173	specific change proposed. The park owner or subdivision
174	developer may not limit the discussion of the reasons for the
175	change to generalities only, such as, but not limited to,
176	increases in operational costs, changes in economic conditions,
177	or rents charged by comparable mobile home parks. For example,
178	if the reason for an increase in lot rental amount is an
179	increase in operational costs, the park owner must disclose the
180	item or items which have increased, the amount of the increase,
181	any similar item or items which have decreased, and the amount
182	of the decrease. If an increase is based upon the lot rental
183	amount charged by comparable mobile home parks, the park owner
184	shall disclose, and provide in writing to the committee at or
185	before the meeting, the name, address, lot rental amount, and
186	any other relevant factors relied upon by the park owner, such
187	as facilities, services, and amenities, concerning the
188	comparable mobile home parks. The information concerning
189	comparable mobile home parks to be exchanged by the parties is
190	to encourage a dialogue concerning the reasons used by the park
191	owner for the increase in lot rental amount and to encourage the
192	home owners to evaluate and discuss the reasons for those
193	changes with the park owner. The park owner shall prepare a
194	written summary of the material factors and retain a copy for 3
195	years. The park owner shall provide the committee a copy of the
196	summary at or before the meeting.
197	2.  The park owner may shall not limit the comparable
198	mobile home park disclosure to those mobile home parks that are
199	owned or operated by the same owner or operator as the subject
200	park, except in certain circumstances, which include, but are
201	not limited to:
202	a.  That the market area for comparable mobile home parks
203	includes mobile home parks owned or operated by the same entity
204	that have similar facilities, services, and amenities;
205	b.  That the subject mobile home park has unique attributes
206	that are shared with similar mobile home parks;
207	c.  That the mobile home park is located in a geographic or
208	market area that contains few comparable mobile home parks; or
209	d.  That there are similar considerations or factors that
210	would be considered in such a market analysis by a competent
211	professional and would be considered in determining the
212	valuation of the market rent.
213	(e)  For purpose of this subsection, the market area or the
214	competitive area for comparable mobile home parks is the county
215	in which the subject park is located along with any contiguous
216	counties.
217
218	This subsection is not intended to be enforced by civil or
219	administrative action. Rather, the meetings and discussions are
220	intended to be in the nature of settlement discussions prior to
221	the parties proceeding to mediation of any dispute.
222	Section 6.  Subsection (1) of section 723.06116, Florida
223	Statutes, is amended to read:
224	723.06116  Payments to the Florida Mobile Home Relocation
225	Corporation.-
226	(1)  If a mobile home owner is required to move due to a
227	change in use of the land comprising a mobile home park as set
228	forth in s. 723.061(1)(d), the mobile home park owner shall,
229	upon such change in use, pay to the Florida Mobile Home
230	Relocation Corporation for deposit in the Florida Mobile Home
231	Relocation Trust Fund $4,000 $2,750 for each single-section
232	mobile home and $5,500 $3,750 for each multisection mobile home
233	for which a mobile home owner has made application for payment
234	of moving expenses. The mobile home park owner shall make the
235	payments required by this section and by s. 723.0612(7) to the
236	corporation within 30 days after receipt from the corporation of
237	the invoice for payment. Failure to make such payment within the
238	required time period shall result in a late fee being imposed.
239	(a)  If payment is not submitted within 30 days after
240	receipt of the invoice, a 10-percent late fee shall be assessed.
241	(b)  If payment is not submitted within 60 days after
242	receipt of the invoice, a 15-percent late fee shall be assessed.
243	(c)  If payment is not submitted within 90 days after
244	receipt of the invoice, a 20-percent late fee shall be assessed.
245	(d)  Any payment received 120 days or more after receipt of
246	the invoice shall include a 25-percent late fee.
247	Section 7.  Paragraph (b) of subsection (1) and subsection
248	(7) of section 723.0612, Florida Statutes, are amended to read:
249	723.0612  Change in use; relocation expenses; payments by
250	park owner.-
251	(1)  If a mobile home owner is required to move due to a
252	change in use of the land comprising the mobile home park as set
253	forth in s. 723.061(1)(d) and complies with the requirements of
254	this section, the mobile home owner is entitled to payment from
255	the Florida Mobile Home Relocation Corporation of:
256	(b)  The amount of $5,000 $3,000 for a single-section
257	mobile home or $7,500 $6,000 for a multisection mobile home,
258	whichever is less. Moving expenses include the cost of taking
259	down, moving, and setting up the mobile home in a new location.
260	(7)  In lieu of collecting payment from the Florida Mobile
261	Home Relocation Corporation as set forth in subsection (1), a
262	mobile home owner may abandon the mobile home in the mobile home
263	park and collect $1,375 for a single section and $2,750 for a
264	multisection from the corporation an amount equal to the then-
265	current market value as reported by the NADA Manufactured Home
266	List, not to exceed $3,000 for a single section mobile home and
267	$6,000 for a multisection mobile home, as long as the mobile
268	home owner delivers to the park owner the current title to the
269	mobile home duly endorsed by the owner of record and valid
270	releases of all liens shown on the title. If a mobile home owner
271	chooses this option, the park owner shall make payment to the
272	corporation in an amount equal to the amount the mobile home
273	owner is entitled to under this subsection. The mobile home
274	owner's application for funds under this subsection shall
275	require the submission of a document signed by the park owner
276	stating that the home has been abandoned under this subsection
277	and that the park owner agrees to make payment to the
278	corporation in the amount provided to the home owner under this
279	subsection. However, in the event that the required documents
280	are not submitted with the application, the corporation may
281	consider the facts and circumstances surrounding the abandonment
282	of the home to determine whether the mobile home owner is
283	entitled to payment pursuant to this subsection. The mobile home
284	owner is not entitled to any compensation under this subsection
285	if there is a pending eviction action for nonpayment of lot
286	rental amount pursuant to s. 723.061(1)(a) which was filed
287	against him or her prior to the mailing date of the notice of
288	change in the use of the mobile home park given pursuant to s.
289	723.061(1)(d).
290	Section 8.  Subsection (3) of section 723.075, Florida
291	Statutes, is amended to read:
292	723.075  Homeowners' associations.-
293	(3)  Notwithstanding subsection (1), if a portion of the
294	park contains concrete block homes occupying lots under 99-year
295	leases, those homeowners may be part of the association and may
296	serve on the board of directors of the association based on the
297	percentage of lots containing concrete block homes to the total
298	number of mobile home lots in the park.
299	Section 9.  Section 553.382, Florida Statutes, is amended
300	to read:
301	553.382  Placement of certain housing.-Notwithstanding any
302	other law or ordinance to the contrary, in order to expand the
303	availability of affordable housing in this state, any
304	residential manufactured building that is certified under this
305	chapter by the department may be placed on a mobile home lot in
306	a mobile home park, recreational vehicle park, or mobile home
307	condominium, cooperative, or subdivision. Any such housing unit
308	placed on a mobile home lot is a mobile home for purposes of
309	chapter 723 and, therefore, all rights, obligations, and duties
310	under chapter 723 apply, including the specifics of the
311	prospectus. However, a housing unit subject to this section may
312	not be placed on a mobile home lot without the prior written
313	approval of the park owner. Each housing unit subject to this
314	section shall be taxed as a mobile home under s. 320.08(11) and
315	is subject to payments to the Florida Mobile Home Relocation
316	Trust Fund under s. 723.06116.
317	Section 10.  This act shall take effect July 1, 2012.

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