Bill Text: FL S1016 | 2010 | Regular Session | Comm Sub

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Bill Title: Mobile Home Park Tenancies [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-30 - Died on Calendar [S1016 Detail]

Download: Florida-2010-S1016-Comm_Sub.html

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Florida Senate - 2010        CS for CS for CS for CS for SB 1016 
 
By the Committees on Transportation and Economic Development 
Appropriations; Judiciary; Community Affairs; and Regulated 
Industries; and Senator Jones 
606-04266-10                                          20101016c4 
1                        A bill to be entitled 
2         An act relating to mobile home park tenancies; 
3         amending s. 420.0003, F.S.; directing the Florida 
4         Housing Finance Corporation to provide technical 
5         assistance to mobile home owners in purchasing their 
6         mobile home park; amending s. 420.502, F.S.; providing 
7         legislative findings; amending s. 723.061, F.S.; 
8         revising procedures for mobile home owners being 
9         provided an eviction notice due to a change in use of 
10         the land comprising the mobile home park; requiring 
11         certain notice to the homeowners’ association; 
12         providing an effective date. 
13 
14  Be It Enacted by the Legislature of the State of Florida: 
15 
16         Section 1. Paragraph (e) is added to subsection (4) of 
17  section 420.0003, Florida Statutes, to read: 
18         420.0003 State housing strategy.— 
19         (4) IMPLEMENTATION.—The Department of Community Affairs and 
20  the Florida Housing Finance Corporation in carrying out the 
21  strategy articulated herein shall have the following duties: 
22         (e) The Florida Housing Finance Corporation shall use its 
23  expertise to provide technical assistance to mobile home owners, 
24  working through their homeowners’ association formed and 
25  operating pursuant to ss. 723.075-723.079, in purchasing their 
26  mobile home park, including, but not limited to, the issuance of 
27  bonds through a not-for-profit organization exempt under the 
28  provisions of s. 501(c)(3) of the United States Internal Revenue 
29  Code. Upon written request of mobile home owners working through 
30  their homeowners’ association formed and operating pursuant to 
31  ss. 723.075-723.079, the Florida Housing Finance Corporation is 
32  directed to provide technical assistance in creating the not 
33  for-profit organization to purchase their mobile home park. 
34         Section 2. Subsection (9) is added to section 420.502, 
35  Florida Statutes, to read: 
36         420.502 Legislative findings.—It is hereby found and 
37  declared as follows: 
38         (9) Mobile home parks are an essential element of providing 
39  affordable housing in the state. 
40         Section 3. Section 723.061, Florida Statutes, is amended to 
41  read: 
42         723.061 Eviction; grounds, proceedings.— 
43         (1) A mobile home park owner may evict a mobile home owner, 
44  a mobile home tenant, a mobile home occupant, or a mobile home 
45  only on one or more of the grounds provided in this section. 
46         (a) Nonpayment of lot rental amount. If a mobile home owner 
47  or tenant, whichever is responsible, fails to pay the lot rental 
48  amount when due and if the default continues for 5 days after 
49  delivery of a written demand by the mobile home park owner for 
50  payment of the lot rental amount, the park owner may terminate 
51  the tenancy. However, if the mobile home owner or tenant, 
52  whichever is responsible, pays the lot rental amount due, 
53  including any late charges, court costs, and attorney’s fees, 
54  the court may, for good cause, deny the order of eviction, 
55  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, which violation may be deemed detrimental to 
58  the health, safety, or welfare of other residents of the mobile 
59  home park. The mobile home owner or mobile home tenant will have 
60  7 days from the date that notice to vacate is delivered to 
61  vacate the premises. This paragraph shall be grounds to deny an 
62  initial tenancy of a purchaser of a home pursuant to paragraph 
63  (e) or to evict an unapproved occupant of a home. 
64         (c) Violation of a park rule or regulation, the rental 
65  agreement, or this chapter. 
66         1. For the first violation of any properly promulgated rule 
67  or regulation, rental agreement provision, or this chapter which 
68  is found by any court having jurisdiction thereof to have been 
69  an act which endangered the life, health, safety, or property of 
70  the park residents or employees or the peaceful enjoyment of the 
71  mobile home park by its residents, the mobile home park owner 
72  may terminate the rental agreement, and the mobile home owner, 
73  tenant, or occupant will have 7 days from the date that the 
74  notice is delivered to vacate the premises. 
75         2. For a second violation of the same properly promulgated 
76  rule or regulation, rental agreement provision, or this chapter 
77  within 12 months, the mobile home park owner may terminate the 
78  tenancy if she or he has given the mobile home owner, tenant, or 
79  occupant written notice within 30 days of the first violation, 
80  which notice specified the actions of the mobile home owner, 
81  tenant, or occupant which caused the violation and gave the 
82  mobile home owner, tenant, or occupant 7 days to correct the 
83  noncompliance. The mobile home owner, tenant, or occupant must 
84  have received written notice of the ground upon which she or he 
85  is to be evicted at least 30 days prior to the date on which she 
86  or he is required to vacate. A second violation of a properly 
87  promulgated rule or regulation, rental agreement provision, or 
88  this chapter within 12 months of the first violation is 
89  unequivocally a ground for eviction, and it is not a defense to 
90  any eviction proceeding that a violation has been cured after 
91  the second violation. Violation of a rule or regulation, rental 
92  agreement provision, or this chapter after the passage of 1 year 
93  from the first violation of the same rule or regulation, rental 
94  agreement provision, or this chapter does not constitute a 
95  ground for eviction under this section. 
96 
97  No properly promulgated rule or regulation may be arbitrarily 
98  applied and used as a ground for eviction. 
99         (d) Change in use of the land comprising the mobile home 
100  park, or the portion thereof from which mobile homes are to be 
101  evicted, from mobile home lot rentals to some other use, 
102  provided: 
103         1. The park owner gives written notice to the homeowners’ 
104  association formed and operating pursuant to ss. 723.075-723.079 
105  of its right to purchase the mobile home park, if the land 
106  comprising the mobile home park is changing use from mobile home 
107  lot rentals to a different use, at the price and terms and 
108  conditions set forth in such written notice. 
109         a. Notice shall be given to the officers of the homeowners’ 
110  association by United States mail. Within 45 days after the date 
111  of mailing the notice, the homeowners’ association shall have 
112  the right to execute and deliver a contract to the park owner to 
113  purchase the mobile home park under the same price and terms and 
114  conditions as set forth in the notice. The conditions in the 
115  notice may require the purchase of other real estate that is 
116  contiguous or adjacent to the mobile home park. If such 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 shall be under no further obligation to 
120  the homeowners’ association under this sub-subparagraph, and her 
121  or his only obligation shall be as set forth in sub-subparagraph 
122  b. 
123         b. If the park owner elects to offer or sell the park at a 
124  price lower than the price specified in her or his initial 
125  notice to the officers of the homeowners’ association, the 
126  homeowners’ association shall have an additional 10 days to meet 
127  the revised price and terms and conditions of the park owner by 
128  executing and delivering the revised contract to the park owner. 
129         c. The park owner shall have no obligation under this 
130  paragraph or s. 723.071 to give any further notice to or to 
131  negotiate with the homeowners’ association for the sale of the 
132  mobile home park to the homeowners’ association after 6 months 
133  from the date of mailing the initial notice described in sub 
134  subparagraph a. 
135         2. The park owner gives the affected mobile home owners and 
136  mobile home all tenants with affected are given at least 6 
137  months’ notice of eviction due to the projected change in of use 
138  and of their need to secure other accommodations. 
139         a. The notice of eviction due to a change in use of the 
140  land may be given to the affected mobile home owners at the same 
141  time as or after the notice of a right to purchase the mobile 
142  home park has been given to the officers of the homeowners’ 
143  association as set forth in subparagraph 1.a. 
144         b. The notice of eviction due to a change in use of the 
145  land shall include in a font no smaller than the body of the 
146  notice the following statement: YOU MAY BE ENTITLED TO 
147  COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, 
148  ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION 
149  (FMHRC). FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA 
150  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. 
151         c. The park owner may not give a notice of increase in lot 
152  rental amount within 90 days before giving notice of a change in 
153  use. 
154         (e) Failure of the purchaser, prospective tenant, or 
155  occupant of a mobile home situated in the mobile home park to be 
156  qualified as, and to obtain approval to become, a tenant or 
157  occupant of the home, if such approval is required by a properly 
158  promulgated rule. If a purchaser or prospective tenant of a 
159  mobile home situated in the mobile home park occupies the mobile 
160  home before approval is granted, the mobile home owner or mobile 
161  home tenant shall have 7 days from the date the notice of the 
162  failure to be approved for tenancy is delivered to vacate the 
163  premises. 
164         (2) In the event of eviction for change in of use, 
165  homeowners must object to the change in use by petitioning for 
166  administrative or judicial remedies within 90 days of the date 
167  of the notice or they will be barred from taking any subsequent 
168  action to contest the change in use. This provision shall not be 
169  construed to prevent any homeowner from objecting to a zoning 
170  change at any time. 
171         (3) The provisions of s. 723.083 shall not be applicable to 
172  any park where the provisions of this subsection apply. 
173         (3)(4) A mobile home park owner applying for the removal of 
174  a mobile home owner, tenant, occupant, or a mobile home shall 
175  file, in the county court in the county where the mobile home 
176  lot is situated, a complaint describing the lot and stating the 
177  facts that authorize the removal of the mobile home owner, 
178  tenant, occupant, or the mobile home. The park owner is entitled 
179  to the summary procedure provided in s. 51.011, and the court 
180  shall advance the cause on the calendar. 
181         (4)(5) Except for the notice to the officers of the 
182  homeowners’ association as provided in subparagraph (1)(d)1., 
183  any notice required by this section must be in writing, and must 
184  be posted on the premises and sent to the mobile home owner and 
185  tenant or occupant, as appropriate, by certified or registered 
186  mail, return receipt requested, addressed to the mobile home 
187  owner and tenant or occupant, as appropriate, at her or his last 
188  known address. Delivery of the mailed notice shall be deemed 
189  given 5 days after the date of postmark. 
190         Section 4. This act shall take effect July 1, 2010.