Bill Text: FL S0650 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Mobile Home Park Lot Tenancies
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2011-05-04 - Ordered enrolled -SJ 851 [S0650 Detail]
Download: Florida-2011-S0650-Introduced.html
Bill Title: Mobile Home Park Lot Tenancies
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2011-05-04 - Ordered enrolled -SJ 851 [S0650 Detail]
Download: Florida-2011-S0650-Introduced.html
Florida Senate - 2011 SB 650 By Senator Jones 13-00366A-11 2011650__ 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 local 4 enforcement of violations of provisions establishing 5 the obligations of mobile home park owners and mobile 6 home owners; prohibiting liens, penalties, fines, or 7 other administrative or civil proceedings against one 8 party or that party’s property for a duty or 9 responsibility of the other party; amending s. 10 723.061, F.S.; revising provisions relating to grounds 11 and proceedings for eviction; revising procedures for 12 mobile home owners being provided eviction notice due 13 to a change in use of the land comprising the mobile 14 home park or the portion thereof from which mobile 15 homes are to be evicted; providing requirements of the 16 park owner and requirements and rights of an 17 applicable homeowners’ association with respect to the 18 sale of the mobile home park under a change in use 19 eviction; deleting a provision relating to 20 governmental action affecting the removal of mobile 21 home owners; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 723.024, Florida Statutes, is created to 26 read: 27 723.024 Compliance by mobile home park owners and mobile 28 home owners.—Notwithstanding any other provision of this chapter 29 or of any local law, ordinance, or code: 30 (1) If a unit of local government finds that a violation of 31 s. 723.022 or s. 723.023 has occurred, the unit of local 32 government shall cite the responsible party for the violation 33 and enforce the citation under its local code and ordinance 34 enforcement authority. 35 (2) A lien, penalty, fine, or other administrative or civil 36 proceeding may not be brought against a mobile home owner or 37 mobile home for any duty or responsibility of the mobile home 38 park owner under s. 723.022 or against a mobile home park owner 39 or mobile home park property for any duty or responsibility of 40 the mobile home owner under s. 723.023. 41 Section 2. Section 723.061, Florida Statutes, is amended to 42 read: 43 723.061 Eviction; grounds, proceedings.— 44 (1) A mobile home park owner may evict a mobile home owner, 45 a mobile home tenant, a mobile home occupant, or a mobile home 46 only on one or more of the following grounds:provided in this47section.48 (a) Nonpayment of the lot rental amount. If a mobile home 49 owner or tenant, whichever is responsible, fails to pay the lot 50 rental amount when due and if the default continues for 5 days 51 after delivery of a written demand by the mobile home park owner 52 for payment of the lot rental amount, the park owner may 53 terminate the tenancy. However, if the mobile home owner or 54 tenant, whichever is responsible, pays the lot rental amount 55 due, including any late charges, court costs, and attorney’s 56 fees, the court may, for good cause, deny the order of eviction, 57 ifprovidedsuch nonpayment has not occurred more than twice. 58 (b) Conviction of a violation of a federal or state law or 59 local ordinance, if thewhichviolation ismay be deemed60 detrimental to the health, safety, or welfare of other residents 61 of the mobile home park. The mobile home owner or mobile home 62 tenant must vacate the premises withinwill have7 days after 63fromthe date thethatnotice to vacate is deliveredto vacate64the premises. This paragraph constitutesshall begrounds to 65 deny an initial tenancy of a purchaser of a home underpursuant66toparagraph (e) or to evict an unapproved occupant of a home. 67 (c) Violation of a park rule or regulation, the rental 68 agreement, or this chapter. 69 1. For the first violation of any properly promulgated rule 70 or regulation, rental agreement provision, or this chapter which 71 is found by any court of competenthavingjurisdictionthereof72 to have been an act thatwhichendangered the life, health, 73 safety, or property of the park residents or employees or the 74 peaceful enjoyment of the mobile home park by its residents, the 75 mobile home park owner may terminate the rental agreement, and 76 the mobile home owner, tenant, or occupant must vacate the 77 premises withinwill have7 days afterfrom the date thatthe 78 notice to vacate is deliveredto vacate the premises. 79 2. For a second violation of the same properly promulgated 80 rule or regulation, rental agreement provision, or this chapter 81 within 12 months, the mobile home park owner may terminate the 82 tenancy if she or he has given the mobile home owner, tenant, or 83 occupant written notice, within 30 days afterofthe first 84 violation, whichnoticespecified the actions of the mobile home 85 owner, tenant, or occupant thatwhichcaused the violation and 86 gave the mobile home owner, tenant, or occupant 7 days to 87 correct the noncompliance. The mobile home owner, tenant, or 88 occupant must have received written notice of the ground upon 89 which she or he is to be evicted at least 30 days prior to the 90 date on which she or he is required to vacate. A second 91 violation of a properly promulgated rule or regulation, rental 92 agreement provision, or this chapter within 12 months of the 93 first violation is unequivocally a ground for eviction, and it 94 is not a defense to any eviction proceeding that a violation has 95 been cured after the second violation. Violation of a rule or 96 regulation, rental agreement provision, or this chapter more 97 thanafter the passage of1 year afterfromthe first violation 98 of the same rule or regulation, rental agreement provision, or 99 this chapter does not constitute a ground for eviction under 100 this section. 101 102 ANoproperly promulgated rule or regulation may not be 103 arbitrarily applied and used as a ground for eviction. 104 (d) Change in use of the land comprising the mobile home 105 park, or the portion thereof from which mobile homes are to be 106 evicted, from mobile home lot rentals to some other use, if: 107 1. The park owner gives written notice to the homeowners’ 108 association formed and operating under ss. 723.075-723.079 of 109 its right to purchase the mobile home park, if the land 110 comprising the mobile home park is changing use from mobile home 111 lot rentals to a different use, at the price and under the terms 112 and conditions set forth in the written notice. 113 a. The notice shall be delivered to the officers of the 114 homeowners’ association by United States mail. Within 45 days 115 after the date of mailing of the notice, the homeowners’ 116 association may execute and deliver a contract to the park owner 117 to purchase the mobile home park at the price and under the 118 terms and conditions set forth in the notice. If the contract 119 between the park owner and the homeowners’ association is not 120 executed and delivered to the park owner within the 45-day 121 period, the park owner is under no further obligation to the 122 homeowners’ association except as provided in sub-subparagraph 123 b. 124 b. If the park owner elects to offer or sell the mobile 125 home park at a price lower than the price specified in her or 126 his initial notice to the officers of the homeowners’ 127 association, the homeowners’ association has an additional 10 128 days to meet the revised price, terms, and conditions of the 129 park owner by executing and delivering a revised contract to the 130 park owner. 131 c. The park owner is not obligated under this subparagraph 132 or s. 723.071 to give any other notice to, or to further 133 negotiate with, the homeowners’ association for the sale of the 134 mobile home park to the homeowners’ association after 6 months 135 after the date of the mailing of the initial notice under sub 136 subparagraph a. 137 2. The park owner gives the affected mobile home owners and 138 tenantsprovided all tenants affected are givenat least 6 139 months’ notice of the eviction due to the projected change inof140 use and of their need to secure other accommodations. 141 a. The notice of eviction due to a change in use of the 142 land mustshallinclude in a font no smaller than the body of 143 the notice the following statement: 144 145 YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA 146 MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE 147 FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). 148 FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE 149 FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL 150 REGULATION. 151 152 b. The park owner may not give a notice of increase in lot 153 rental amount within 90 days before giving notice of a change in 154 use. 155 (e) Failure of the purchaser, prospective tenant, or 156 occupant of a mobile home situated in the mobile home park to be 157 qualified as, and to obtain approval to become, a tenant or 158 occupant of the home, if such approval is required by a properly 159 promulgated rule. If a purchaser or prospective tenant of a 160 mobile home situated in the mobile home park occupies the mobile 161 home before such approval is granted, the mobile home owner or 162 mobile home tenant must vacate the premises withinshall have7 163 days afterfromthe date the notice of the failure to be 164 approved for tenancy is deliveredto vacate the premises. 165 (2) In the event of eviction for a change inofuse, 166 homeowners must object to the change in use by petitioning for 167 administrative or judicial remedies within 90 days afterofthe 168 date of the notice or they will be barred from taking any 169 subsequent action to contest the change in use. This subsection 170 doesprovision shallnotbe construed toprevent any homeowner 171 from objecting to a zoning change at any time. 172(3) The provisions of s.723.083shall not be applicable to173any park where the provisions of this subsection apply.174 (3)(4)A mobile home park owner applying for the removal of 175 a mobile home owner, tenant, or occupant,or a mobile home shall 176 file, in the county court in the county where the mobile home 177 lot is situated, a complaint describing the lot and stating the 178 facts that authorize the removal of the mobile home owner, 179 tenant, or occupant,or the mobile home. The park owner is 180 entitled to the summary procedure provided in s. 51.011, and the 181 court shall advance the cause on the calendar. 182 (4)(5)Except for the notice to the officers of the 183 homeowners’ association under subparagraph (1)(d)1., any notice 184 required by this section must be in writing, and must be posted 185 on the premises and sent to the mobile home owner and tenant or 186 occupant, as appropriate, by certified or registered mail, 187 return receipt requested, addressed to the mobile home owner and 188 tenant or occupant, as appropriate, at her or his last known 189 address. Delivery of the mailed notice shall be deemed given 5 190 days after the date of postmark. 191 Section 3. This act shall take effect upon becoming a law.