. GRAY BUILDING Series LL · 2013-09-12 · Rep. Dunbar moved the adoption of the amendment, which...

cst HB: 1126

SPONSOR: Dunbar and others

SUBJECT: Mobile Homes

COMMITTEE ON JUDICIARY STAFF SUMMARY

OTHER COMM. REFERENCE:F&T,APPROP.

PREPARED BY:~==~~==~~~~~~

ST AFF D I RECTOR : --=..:R:..=.i..:::::c.:.:h..:::::a...:..r..:::d+-p~:.!::f4':.rt--H-a.J+ ,.

\J ________________________ ~~ __________ DATE: ____ ·~A~p~r...:..i~1-1~8~,~1~98~4----_m~m=~~ f(~ProdOceCl bY

FlOHlDA STATE ARCHIVES DEPARTMf£NT OF STATE

R. .1\. GRAY BUILDING . Tallahas,;e, FL 32399·0250

Series _LL carton/Z.$...!:I

I. SUMMARY

A. Present Situation

The 1983 Legislature established a 9-member Mobile Home Study Commission. The Commission was direc;ted to look into the following issues: acquisition of mobile home parks by the tenants, rent increases, displacement of residents upon sale of parks, zoning for mobile home parks, upgrading of mobile home parks, applicability of the Little FTC Act, , adequacy of the Mobile Home Landlord-Tenant Act, and advertising and . leasing of mobile home lots. The Commission conducted public hearings throughout the state. While there were issues raised on most every subject, the overwhelming number of complaints related to substantial increases in rents and the manner in which rules and regulations were adopted and applied.

HB 1126 represents the recommendations of the Mobile Home Study, Commission.

B. Effect of Proposed Changes

The bill transfers the provisions of Part III of Chapter 83 (Mobile Home Landlord and Tenant Act) to Chapter 720.

Section 1 of the bill sets forth general provisions relating to matters such as the scope of the chapter and definitions. Mobile home subdivisions would fall within many of the provisions of the act.

Section 2 sets forth rights granted mobile home owners regarding the right to assemble in the common areas of the park and to canvass the park regarding tenant association matters,. the right -t-o invite public officers or representatives of tenant organizations to appear at the park, the right to sell a home within the park, and the right of first refusal.

This section of the bill also contains provisions restricting park' owners' access to mobile homes and denoting the obligations of the park owner ahd the home owners. Changes of significance include (1) a provision that park owners will be required to comply with the park rules; and (2) a requirement that local governments may not take any official action which would result in the removal or relocation of mobile homeowners without making a determination that other suitable facilities exist for relocating the home owners.

Section 3 relates to mobile home rental agreements and park rules and regulations. If a written lease is not in effect, the statutory provisions are deemed a part of the rental agreement. The term of the

Page 2

agreement shall be at least one year. Significant changes are made with regard to rent increases and reduction or elimination of services.

With regard to rent increases, reduction in services, or changes in the park rules, the park owner must give 90 days notice to· the homedwners, then meet with a committe.e of homeowners to discuss the change. If the home owners find the change unacceptable -they may petition the division to mediate. - . . .

Section 4 relates to the termination of rental agreements, and remedies generally. Political subdivisions are prohibited fro~ adopting laws relating to the mobile home landlord-tenant relationship.

Section 5 of the bill relates to regulation by the Division and sets out the powers and duties of the Division. Mobile home park owners are required to pay an annual fee of $1 per mobile home lot.

Mobile home leases will hereafter be required to contain certain provisions, including a IS-day cancellation period. Park owners are required to prepare and file with the Division, a prospectus or offering circular before entering into an enforceable rental contract. Advertising materials must be filed with the Division ten days prior to use.

II. FISCAL IMPACT

The Division of Florida Land Sales and Condominiums would be-charged with regulating the Florida Mobile Home Act. Fees collected from park owners are expected to fund these new duties.

(

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Ca"'M1 nEE I NFORl"A TI ON RECORD

Corrrnittee on Judiciary

Date of meeting 4/17/84

Time 1:15 p.m.

Place Room 317C

VOTE: YEA f'EMBER

X COSGROVE, JOHN

X DRAGE, TOM

DlJDLEY, FRED

X DUNBAR, PETER

X EASLEY, BETTY

X GRANT, JOHN

X HAWKINS, LARRY

X JOHNSON, BO

X JOHNSON, BOB

x LAWSON. AL

x LEHTINEN. DEXTEP.

v MlJRPHY TIM,

X PAJCIC, STEVE

X PEEPLES. VERNON

X SAMPLE. DOROTHY

House of Representatives

Bill No. HS 1126

FINAL ACTION: __ FAVORABLE

JI1Ay YEA X

X

X

X

Tota I Yeas S.

__ FAVORABLE WIlH _. _MNtMENTS

_X_ FAVORABLE WIlH SUBSTITUTE __ UNFAVORABLE

.MEMBER NAy

-.S.l. T.JlE.R RON

SIMON, ART

TITONE, JOE

WALLACE. PETER

THOMAS, JOHN V.C ••

lJPCHlJRCH,HAMILTOI (.;nmn

Lotal Nays 0

I,

,[ /

./

/' 'l ~hai1"nan

CcM1InEE APPEARANCE RECORD The following persons (other than legislators) appeared before the committee

during the consideration of this bill:

Representing Address

NOTE: Please indicate by an "X" any State employee appearing at the request of Committee Chairman.

(If additional persons, enter on reverse side and check here __ ) liJ& g copies !vi th ~ H-22(l97

(

H-74

House of Representatives

SUBCOMMITTEE, REPORT File with Parent C~ittee

To: CbaiI'IIAn. Coaaittee on Judiciary --------~------------

The Subcolllllittee on Consumer, Probate and Fam ily Law

met at 9:00 a.m. 0' cloci. on _--=A~o.:., :::.r=i=1-=1c::6~ __ • 198354 . •

in Room 24, HOB • and conaidered HB 1 126 . On 1II0tion to report the bill I 7 FAVORABLE

I ~l FAVORABLE WITH 1 AMENDMENTS the vote vas: (n umber)

Yn I'IFM8ER . INAV lRI=R INAV

X DUDLEY

X DUNBAR

X JOHNSON, BO

X SIMON

X WALLACE

X DRAGE X SILVER, CHAIRMAN Total Total Yeal 7 - KaYI~

/1 I-;) !/,.~.;. / 1£ ~ee Chairman

SUBCOMMITTEE ApPEARANCE RECOR D

The following persona (other than legislators) appeared be during consideration of this bill:

Repreaentins

fore the subcommittee

Mdress

(If additional persons. enter on reverae side and cbe ci. bere ) -----------------------------Received b Y Parent Coamittee:

Date __

Received 'b y

-

Prepared 5/10/84 by the Committee on . Appropriations

STATE OF FLORIDA HOUSE OF REPRESENTATIVES

1984

CS/CS/HB 1126

Bill Number FISCAL NOTE

In comp'Hance with Rule 7.16, there is hereby submitted a, fiscal note on the above lis ted bill relative to the. effect on revenues, expenditures, or fiscal liability of the State, and

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I. DESCRIPTION OF BILL

A. Fund or Tax Affected

Mobile Home Trust Fund

B. Principal Agency Affected

I"eproduced by FLORIDA STATE ARCHIVES

DEPARTMENT OF STATE R, Ao GRAY BUILDING

Tallahassee, fL 32397/1° Series _/~ Carton 7

Department of Business Regulation, Division of Land Sales and Condominiums

C. Narrative Summary

This bili creates the "Floi::ida Mobile Home Act", a comprehensive regulatory chapter relating to mobile home owners' rights,

The bill includes provisions relating to mobile home park obligations, leases, eviction proceedings and other related matters.

The bill requires the program to be established within the Department of Business Regulation.

The provision in this bill requiring mobile home park owners (of more than 100 spaces) to file a prospectus with the Department of BUSiness Regulation takes effect January 1, 1985. Park owners of less than 100 spaces are not required to submit a prospectus until July 1, 1985.

The provisions in this bill 'concerning lot rental increases, settlement 'of disputes, and the information to be included on the prospectus, take effect October 1, 1984.

II. FISCAL IMPACT ON STATE AGENCIES/STATE FUNDS 1984-85 1985-86

A. Non-Recurring or First Year Start-up Effects

Expenditures: Other Personal Services Operating Capital Outlay Data Processing Services

Revenues: Filing Fees

B. Recurring or Annualized Continuation Effects

(Page 1 of 2)

Expenditures: Salaries & Benefits (3~ FIE) Expenses Data Processing Services Administration (OSAS)

Revenues: Filing/Annual Fees/Fines

$

$

30,000 46,500 70,000

146,500

$1,350,000

$ 300,204 157,171

20,000

$ 93 2553

570,928

$ 796,000

$ 540,366 314,341 40,000

187 2105 $1,081,812

$ 928,059

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Prepared 5/10/84 by the CommIttee on Appropriations

SUTE OF FLORIDA HOUSE OF REPRESENTATIVES

1984 CS/CS/HB 1126

Bill Number FISCAL NOTE

C" Long Run Effects other than Normal Growth

H/A

D. Appropriations Consequences

Expenditures: MObile Home Trust Fund

Revenues: Mobile Home Trust FUnd

. III. COMMENTS:

1984-85 $ 717,428

$2,146,000

1985-86 $1,081,8:P

$ 928,059

!be bill provides no source of· revenue for start-up expenditures prior to revenues being earned.

!be recurring expenditure for administration is a pro-rata share'of operating the Office of the Secretary and Division of Administrative Services. The other agency trust funds will be reduced by the amount of this increase.

Ibe fees in this bill do not appear to·adequately fund the regulatory costs incurred (as requested by the department) beginning with F.Y. 1989-90.

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(Page 2 .of 2)

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JOURNAL OF THE HOUSE OF REPRESENTATIVES 483

Rep. Dunbar moved the adoption of the amendment, which was adopted without objection.

Representatives Dunbar and Silver offered the folloy,;ng amendment:

Amendment 10-0n page 26, line 18, insert: (4) No resolution arising from a dispute settlement proceeding as provided for in s. 720.202 or this section shall be deemed final agency action.


Representatives Dunbar and Silver offered the following amendment:

Amendment 11-0n page 35, line 22, strike "March 1" and insert: December 31

Rep. Dunbar moved the adoption 'of the amendment, which was adopted without objection.


Amendment 12-0n page 37, line 1, strike "in the park" and insert: residing in the park on the effective date of this act

Rep. Dunbar moved the adoption of the amendment, which was adopted without objection.'

Representatives Dunbar and Silver offered the folloy,;ng amendment:

Amendment 13-0n page 37, line 29, after the word "thereor' insert: including any appurtenances thereto paid for by the mobile home owner

Rep. Dunbar moved the adoption of the amendment, which was adopted without objection. .

Representative Dunbar offered the following amendment:

Amendment 14-0n page 50, line 22, insert new Section 9 and renumber subsequent section: Section 9. Subsection (7) of section 418.304, Florida Statutes, is amended to read:

418.304 Powers of the mobile home park recreation district; recreation district tax.-An ordinance creating or amending the charter of a mobile home park recreation district may grant to the recreation district the following powers:

(7) To establish, charge, and collect reasonable fees for admis· sion to or use of recreational facilities, provided that the use of the facilities shall be extended to the genet a\ publie a! "ell !to! residents and nonresident owners within the district, their family members and guests, and other such persons and groups as the board may authorize from time to time; and to apply such fees to the operation, maintenance, improvement, enlargement, or acquisition of recrea· tional facilities or to the payment of bonds, notes, or revenue certi· ficates of the district.

Rep. Dunbar moved the adoption of the amendment, which was adopted without objection. '

Representative Dunbar offered the following title amendment:

Amendment 15-0n page 3, line 14, after the semicolon insert: amending s. 418.304, F.S., revising conditions under which fees may be charged for use of recreational facilities by mobile home park recreation districts;


Representative Watt offered the following amendment:

Amendment 16-0n page 22, line 28, after "parks" insert: , housing

Rep. Watt moved the adoption of the amendment. Without objec. tion, further consideration of CStC&HB 1126 was temporarily deferred.

Subsequently, Rep. Kutun moved to. lay Amendment 16 on the table. Without objection, Rep. Watt withdrew the amendment. Under Ruie 8.19, the bill was referred to the Engrossing Clerk.

HB 397 was taken up. On motion by Rep. 1. R. Hawkins. SB 396, n similar or companion measure, was substituted for HB 397. Under the rule, the House bill was laid on the table and-

SB 396-A bill to be entitled An act relating to driver's licenses and identification cards; amending s. 322.212, F.S., providing for the unauthorized use. or possession of identification cards in the same manner as driver's licenses; providing penalties; providing penalties for the use of fraud and for giving a false age in applying for a driver's license or an identification card; repealing s. 322.32 (5), F.S., relating to fraud in an application for a driver's license; pro· viding an effective date.

-was read the second time by title. Without objection, further consideration of SB 396 was temporarily deferred.

Subsequently, Representatives Reynolds, Casas, and Murphy of· fered the following amendment:

Amendment I-On page 2,line 31, insert: Section 2. Subsection (1) of section 322.17, Florida Statutes, is amended to read: .

322.17 Duplicate and replacement certificates.-

(1) In the event that an instruction permit or operator's or chauf· feur's license issued under the provisions of this chapter is lost or destroyed, the person to whom the same was issued may, upon payment of $3.50 $!hS-9, obtain a duplicate, or substitute thereof, upon fUrnishing proof satisfactory to the department that such permit or license has been lost or destroyed, and further furnishing the full name, date of birth, proof of birth as provided in s. 232.03, sex, and residence address to the department.

Section 3. Paragraph (d) of subsection (1) of section 322.27, Flor· ida Statutes, is amended to read:

322.27 Authority of department to suspend or revoke Iicense.

(1) Notwithstanding any provisions to the contrary in chapter 120, the department is hereby authorized to suspend the license of an operator or chauffeur without preliminary hearing upon a show. ing of its records or other sufficient evidence that the licensee:

(d) Has permitted an unlav,:ful or fraudulent use of such license or has knowingly been a party to the obtaining of a license by fraud or misrepresentation or has displayed to disl'ia), or represented represent as one's own, any operator's or chauffeur's license not issued him. Plodded, hOhe.er, n" pro.ision ofthi!!l seeti6n shall be e6ftstrl:led to iftchtde the prlHisi6na of a. 322.32 (1); or

Section 4. Section 322.3301, Florida Statutes, is created to read:

322.3301 Arrest for unlawful use of license or perjury.-

(1) The continuing presence of the person believed to be violating & 322.32 or 8:. 322.33 at the driver's license office shall constitute a continuing violation of those sections for the purpose of s. 901.15.

(2) Any documents or papers submitted to an examiner in violation of or in any attempt to violate 8:. 322.32 or s. 322.33 may be retained by the department for the purposes of obtaining an arrest warrant when necessary or to forward to a law enforcement officer or state attorney for use in the prosecution of said violation.

(3) Notice of the illegality of uiolations of ss. 322.32 and 322.33, the penalties therefor, and the prot'isions of this section shall be published in conspicuous language and posted in a conspicuous place in every driver's license office in this state. The Department of Highway Safety a/ld Motor Vehicles may promulgate rules to im· plement the provisions of this subsection according to the provisions of chapter 120.

Section 5. Section 322.32, Florida Statutes, is amended to read:

482 JOURNAL U1' 1 tIC nVU'JI~ v> AUJA ... ~~~., ••••• ,~_

menU; relatin~ to election (If board members and to target an'as: anwnding s. 290.0:36, F.S,: providing limitalions on administr:1tivt' J.rr:lIlts; nmending s. 290.037, F.S,: providing 103n limitations and additionnl criteria for evaluating proposals; :mwnding 5, 290.0:38. F.S.; providing additional authority of the Department of Commu. nity Affairs and requiring an annual report; prodding an effective date.

-was read the first time by title. On motion by Rep. Logan, the rules were waived and the bill was read the second time by title and, under Rule 6.19, referred to the Engrossing Clerk.

By the Committees on Appropriations and Judiciary and Repre· sentatives Dunbar, SilYer, Simon, Dudley, Easley. Selph. Messersmith, R. M. Johnson, Stewart, Peeples, Figg, Mackenzie, Wallace, Tobin, Brantley, Watt, Sample, Hill, Bailey, Deutsch, Cortina, Burnsed, Woodruff, Kelly, Combee, Lippman, Wetherell, T. C. Brov.n, Cosgrove, Grant. Patchett, McEwan, Casas, Nergard, GlL'stafson, Healey, Young, Richmond, Danson, L. R. Hawkins, Liberti, Ros, Lehtinen, Shelley, Evans·Jones, Jamerson, Simone, M. E. Hawkins, Hanson, Grindle, Deratany, D. L. Jones, Smith, Titone, Ready, Drage, Kutun, and Armstrong-

CS1CSfHB 1126-A bill to be entitled An act relating to mobile homes; creating chapter 720, F.S., the "Florida Mobile Home Act"; providing rights with respect to mobile home tenancies and mobile home associations; providing for injunctive relief; creating provi· sions with respect to mobile home park restrictions, sale of mobile home parks and park owners' obligations, mobile home rental agree· ments, eviction proceedings and mobile home subdivisions; provid· ing for regulation by the Division of Florida Land Sales, Condomin· iums, and Mobile Homes of the Department of Business Regulation; providing for an annual fee to be paid by mobile home park owners; pro\'iding for certain disclosure with respect to contracts for the rental of a mobile home lot; restricting certain types of advertising; amending s. 20.16, F.S., redesignating the Division of Florida Land Sales and Condominiums as the Division of Florida Land Sales, Condominiums, and Mobile Homes; directing the Statutory Revision Division of the Joint Legislative Management Committee to make appropriate changes in the Florida Statutes; amending s. 73.072, F.S., correcting a statutory cross-reference; repealing s. 83.750, F,S., relating to the short title of the "Florida Mobile Home Land· lord and Tenant Act"; repealing s. 83.751, F.S., relating to the application of the act; repealing s. 83.752, F.S., relating to defini· tions; repealing s. 83.753, F.S., relating to rental agreements as an obligation of good faith; repealing s. 83.754, F.S., relating to uncon· scionable lot rental agreements; repealing s. 83.755, F.S.; relating to prohibited or unenforceable provisions in mobile home lot rental agreements; repealing s. 83.756, F.8., relating to attorney's fees; repealing s. 83.757, F.S., relating to the mobile home park owner's access to mobile home and mobile home lot; amending s. 83.758, F.S., relating to the obligation of mobile home and mobile home park owners; repealing s. 83.759, F.S., relating to the grounds for eviction from a mobile home park and proceedings with r~spect thereto; repealing s. 83.7594, F.8., relating to the termination of a lease agreement; repealing s. 83.7597, F.S., relating to the removal of a mobile home owner; repealing s. 83.760, F.S., relating to the mobile home lease; repealing s. 83.7605, F.S., relating to the con· tent of a mobile home park lease with respect to zoning; repealing s. 83.761, F.S., relating to civil remedies; repealing s. 83.762. F.S .• relating to disclosure; repealing s. 83.763, F.S., relating to defenses to an action for rent or possession; repealing s. 83.764, F.S., relating to fees and rules; repealing s. 83.765, F.S., relating to restrictions on the disposal of a mobile home; repealing s. 83.795, F.S., relating to the right of mobile home owners to peaceably assemble; repeal· ing s. 83.796, F.S., relating to the right of a mobile home owner to invite public officers or candidates for public office to the park; repealing s. 83.797, F.S .• relating to injunctive relief; repealing s. 715.301, F.S., relating to tenant's right of first refusal with respect to the sale of a mobile home park; repealing 55.715.302 and 715.303, relating to mobile home homeowners' associations and the bylaws thereof; amending s. 215.22, F.S., relating to creation of the Mobile Home Trust Fund; pro\'iding effective dates.

-W3S read the first lime by title. On motion by Rep. Dunbar. the ru!':'s were waived and the bill was read the second time by title.


Amendment I-On page 5, lines 29·30, strike "to enforce provi. sions of this chapter by private parties," and insert: between pri· vate parties to enforce proyisions of this chapter



Amendment 2-0n page 25, line 11, strike "may" and insert: shall

Rep. Dunbar moved the adoption of the amendment, which was adopted.


Amendment 3-0n page 47, line 6, after the word "a" insert: new



Amendment 4-0n page 30, line' 29, after the word "shall", insert: begin on.the date of postmark and

Rep. Dunbar moved the adoption of the amendment, which Wl\S

adopted without objection.


Amendment 5-0n page 14. line 4, after the word "or" insert: , if the homeowners choose a different form of ownership,



Amendment 6-0n page 26, line 17, after the period, insert: "Any information acquired by subpoena shall be for use by the division only and is exempt from Chapter 119, the Public Records Act."



Amendment 7-0n page 25, line 16, strike the period and insert:; or

Rep. Dunbar moved the adoption of the amendment. which was adopted without objection.


Amendment 8-0n page 26, lines 1·2, strike "as provided in s. 720.105" and insert: in any action relating to a dispute as described in this section



Amendment 9-0n page 42. line 2, after the word "park" in· sert: or n summary of the contents of the lease or leases where copies oBhe same have been filed with the division

,. ;:~ ..

REVISED: June 28, 1984 BILL NO. CS/SB 754

DATE: April 19, 1984 Page

SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT

ANALYST

1. Mohs (i/Y\... 2.

STAFF DIRECTOR

Burnside ~ REFERENCE

1. ECCA 2.

ACTION

FAV/CS

3. 3 •. ____ _

SUBJECT: BILL NO. AND SPONSOR:

Mobile Homes CS/SB 754 by ECCA Committee and Senator Langley

I • SUMMARY:

A. Present Situation:

Part III, chapter 83, Florida Statutes, the Florida Mobile Horne . Landlord Tenant Act applies to tenancies in which a mobile horne

is placed upon a rented or leased lot in a mobile horne park for residental use.

Section 83.752, Florida Statutes, provides definitions for mobile horne owner, mobile horne park owner, mobile horne park, and mobile horne lot rental agreement.

Section 83.753, Florida Statutes, provides for obligation of gObd faith for every rental agreement or duty within the act.

Section 83.754 grants courts certain authority regarding a mobile horne lot rental agreement deemed unconscionable.

Section 83.755 establishes prohibited or unenforceable provisions in mobile horne lot rental agreements.

Section 83.756 provides for attorney's fees.

Section 83.757 establishes conditions under which a mobile horne park owner has access to a mobile horne and mobile horne 101:.

Section 83.758 establishes obligations of mobile horne owners and mobile horne park owners.

Section 83.759 establishes grounds and proceedings for eviction of a mobile horne or a mobile horne dweller.

Section 83.7594 establishes provisions relating to termination of a mobile horne lease agreement and provides remedies.

Section 83.7597 provides a process for removal of a mobile horne owner.

Section 83.7605 requires each mobile horne lease to contain a notice to the tenant of the nature and type of zoning under which the mobile horne park operates and requires park owners to notify mobile horne owners of any application for changes in zoning.

Section 83.761 provides civil remedies for violators of any right or duty declared in the act.

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DATE: April 19, 1984 Page _2_

Section 83.762 requires the mobile home park owner or a person authorized to enter into a mobile home lot rental agreement on his behalf to disclose in writing the name and address of such mobile home park owner or authorized person.

Section 83.763 establishes procedures for defenses for mobile home owners, in actions for rent or possession by mobile home park .owners.

Section 83.764 provides rules and regulations regarding a mobile home park owner requiring a resident to purchase equipment, the installation of appliances, fees, charges, and assessments.

Section 83.765 establishes the rights of mobile home owners to sell a mobile home.

Section 83.795 establishes the rights of mobile home owners to peaceably assemble and communicate.

Section 83.796 provides the right of mobile home owners to invite public officers or candidates for public office in certain areas of the mobile home park at certain times.

Section 83.797 provides injunctive relief for any mobile home owner prevented from exercising rights guaranteed by sections 83.795 or 83.796, Florida Statutes.

Section 715.301 establishes procedures and rights of tenants to purchase a mobile home park if a mobile home park owner offers a mobile home park for sale.

Section 715.302 requires owners of mobile homes in a mobile home park to form a homeowners' association in order to exercise the rights provided in section 715.301, Florida Statutes.

Section 715.303 sets forth requirements for bylaws of the homeowners' association in order for the mobile home association to exercise the rights provided in section 715.301, Florida Statutes.

B. Effect of Proposed Changes:

This bill would reestablish the provisions of part III, chapter 83, Florida Statutes, the Mobile Home Landlord Tenant Act, and sections 715.301, 715.302 and 715.303, Florida Statutes, relating to rights of mobile home owners, in chapter 720.

The bill establishes general provisions relating to application of the chapter and definitions; establishes rights granted mobile home owners such as the right to assemble and canvass the park regarding tenant association matters, the right to invite public officers or representatives of tenant organizations to appear at the park, the right to sell a home within the park, and the right of first refusal, restricts park owners' access ·to mobile homes and denotes the obI igat ions of the park owner, the home owners, and the homeowner's association. Provisions requiring park owners to comply with park rules, that rules may be enforced by filing a complaint with the Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business Regulation, and that local governments may not take any action which would result in the removal or relocation of mobile home owners without first determining that other facilities suitable for relocation exist are included. A mobile home association acquiring a mobile home park is exempt from the requirements of part VI, chapter

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REVISED: June 28, 1984

DATE: April 19, 1984

BILL NO. CS/SB 754

Page __ 3_

718, Florida Statutes, and part VI, chapter 719, Florida Statutes, and certain responsibilities for the person authorized by the mobile home park owner to receive notices and demands on the park owner's behalf are provided.

The bill establishes provisions relating to mobile home rental agreements. and park regulations; provides that if a written lease is not in effect, the statutory provisions are deemed part of the rental agreement, requires that no lease shall be for less than one year and that the lease contain certain information regarding the financial obligation of the mobile home owner; and requires each mobile home lease to contain a notice to the tenant regarding zoning.

Significant changes are made with regard to rent increases and reduction or elimination of services. The bill requires the park owner to give 90 days notice to homeowners prior to any rental increase and then meet with a committee of homeowners to discuss the increase, provides for mediation and arbitration by the division in certain disputes between mobile home owners and mobile home park owners and excludes information subpoenaed by the division from the Public Records Act, provides that a mobile home owner may file a complaint with the division regarding reduction or elimination of services if such action is not accompanied by a reduction in rent: requires a park owner to give notice and meet with a committee of residents prior to changing any rble ~r regulation: provides that such committee may petition the division for a determination as to whether the rule is reasonable; and deletes the eviction without cause provision as an allowable grounds for eviction and provides circumstances under which a mobile home park owner may terminate the tenancy of a mobile home owner.

The bill provides for termination of rental agreements; provides civil remedies; and prohibits political subdivisions from adopting laws relating to the mobile home landlord-tenant relationship.

Regulatory authority is granted to the division including the powers and duties to enforce and ensure compliance with the provisions of the chapter. Each mobile home park owner is required to pay an annual fee of $1, for each occupied mobile home lot, a penalty is provided for noncompliance, and all fees are to be deposited in the Mobile Home Trust Fund. Filing fees for existing mobile home parks are to be based on the number of lots in the park. Mobile home leases commencing after the effective date of this act are required to contain certain disclosure information and mobile home park owners are. to prepare and file a prospectus or offering circular with the division before entering into an enforceable rental contract. A summary of the contents of the ground lease or other underlying leases, where copies of the same have been filed with the division, may be used as exhibits in a prospectus or offering circular. Mobile home park owners or developers are prohibited from requiring a resident to purchase certain equipment from the park owner or operator; charging residents additional fees for installing certain appliances, charging certain entrance or exit fees; and using false and misleading advertising. Advertising materials must be filed with the division 10 days prior to use; severability is provided. The Department of Health and Rehabilitative Services is required to provide the division, at no cost, a current listing of registered mobile home parks.

Mobile home park recreation districts no longer have to extend admission to or use of district recreational facilities to the general public.



II. ECONOMIC IMPACT AND FISCAL NOTE:

A. Publ ic:

According to staff of the Department of Business Regulation (DBR) revenues to fund this bill will come from the following sources: filing fees which will be paid by mobile home park developers; annual fees to be paid by each mobile home park owner; and fines and civil penalties.

Staff of the DBR estimates there to be a total of $796,000 in recurring revenues annually, which include new mobile home park filings, changes in filings, annual fees of $1 per lot and fines and penalties, and that non-recurring revenues of $1,350,000 for the initial filings for the existing mobile home parks will be received for a total of $2,146,000 in revenues paid by mobile home park owners and mobile home owners leasing lots in parks in the first year of the program. It is assumed that any increased cost to mobile home park owners will ultimately be passed on to 'mobile home owners leasing lots in such parks in the form of increased rates for leasing a lot.

B. Government:

The DBR staff estimates the costs for the department to administer the act for the first year to be $1,228,402. However, they indicated that based on projected estimates for a three year period, a deficit will result if the fee structure is not increased.

III. COMMENTS:

The 1983 Legislature established a 9-member Mobile Home Study commission to study the mobile home park industry in Florida and determine whether additional legislation was needed. The areas of inquiry were to include the acquisition of mobile home parks by tenants, rent increases, displacement of residents upon sale of parks, zoning for mobile home parks, upgrading of mobile home parks, applicability of the Little FTC Act, and advertising and leasing of mobile home lots. The commission conducted public hearings throughout the state to gain input regarding these issues.

SB 754 is drafted in accordance with the recommendations of the Mobile Home Study Commission.

On page 17, line 23, the word "of" appears to be in error. Based on section 83.757, Florida Statutes, the word "or" is correct.

An identical bill, HB 1126, has been filed in the House this session.

An identical bill, CS/CS/HB 1126, was approved by the Governor on June 4, 1984, and appears as chapter 84-80, Laws of Florida.

IV. AMENDMENTS:

None.

" '.

'. ,:

STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN COMMITTEE SUBSTITUTE FOR SENATE BILL 754

Deletes provisions relating to attorney's fees for mobile home owners prevailing in court actions.

Exempts a mobile home association acqUiring a mobile home park from the requirements of part VI, chapter 718, F.S., and part VI of chapter 719, F.S.

Provides certain responsibilities of mobile home associations.

Requires the person authorized by the mobile home park owner to receive notices and demands on the mobile home park owners behalf to retain such authority until the mobile home owners are notified otherwise. .

Deletes references to certain types of investigations that may be conducted by the Division of Land Sales, Condominiums, and Mobile Homes of the Department of Business Regulation.

Provides for mediation and arbitration by the division in certain disputes.

Requires that any information acquired by subpoena shall be for use by the division only arid is excluded from the Public Records Act. .

Deletes provisions requiring the park owner or operator to deliver a copy of all rules and regulations to the mobile home owners.

Provides circumstances under which a mobile home park owner may terminate the tenancy of a mobile home owner.

Deletes legislative intent relating to the division's role in resolving disputes between mobile home owners and mobile home park owners.

Deletes certain requirements relating to amending a prospectus or offering circular.

Provides that a summary of the contents of the ground lease or other underlying leases, where copies of the same have been filed with the division, may be used as exhibits in a prospectus or offering circular.

Provides filing fees for existing mobile home parks based on the number of lots in the park and deletes provisions requiring a filing fee of $250 for all park filings.

Deletes certain material from being included as advertising material.

Repeals certain provisions of part III, chapter 83, F.S.

Requires the Department of Health and Rehabilitative Services to provide the division, at no cost, a current listing of registered mobile home parks.

Committee on Economic, Community, & Consumer

Affairs ~.

~~'It

THE FLORIDA SENA~ (Q) [p W District Office Address:

reproduced by FLORIDA STATE ARCHIVES OEPARTMENT OF STATE

R.A. GRAY BUILDING Tallah.asSet«Florida 323~£t-~~50 Post Office Drawer M

West Palm Beach, Florida (305) 659·6600

3340Senes Carton 1'1"1 File Folder_

COMMITTEES: Appropriations.

Chairman Judiciary-Civil .Judiciary-Criminal Rules and Calen'dar SENATOR HARRY A. JOHNSTON, II

26th District

July 12, 1984

Sylvia Alberdi~ Staff Director. Judiciary-Civil Committee 111 Senate Office Building Tallahassee FL 32301

Dear Sylvia:

.... ~ t.

The draft of the letter dated June 20th for response to letters I received about CS/CS/SB 754~ mobile homes, is fine~ except please add a second sentence to the first paragraph: "I apologize for not respondingsooner." Following are the names, addresses, and letter

dates of those who wrote me. Please date the letters currentlYt use the signature stamp in Helen's desk in my 336 office~ and mail these out, copy to me.

Mr. Barney Koretsky (6/25) 2303 S.W. 31st Avenue Pembroke Pines FL 33009

Mr. & Mrs. Lewis Aronoff 4853 - 23rd Place North West Palm Beach FL 33409

Mr. M. Smith (4/27) 1813 Valencia Drive Deerfield Beach fL 33441

Mr. Arnie Dahl~n (4/30) 1805 Dolphin Piace Deerfield Beach FL 33441

Mr. & Mrs. Fred A. Olson 1802 Dolphin Place Deerfield Beach FL 33441

(5/10)

(5/3 )

Mr. Robert T. Davis (4/26) 1801 Mariner Place Deerfield Beach FL 33441

MSL Ruth L. Rogers (4/25) 1811 Mariner Place Deerfield Beach FL 33441

Mr. & Mrs. Anthony Compagno (4/27) 1808 Valencia Drive Deerfield Beach FL 33441

Mr .. & Mrs. H. G.Reichardt (4/30) 1812 Flamingo Place Deerfield Beach FL 33441

I am asking that you get these in the mail - use my stationery too, of course - ~ince I will be in San Franc~sco and then Boston for the Convention and NCSL. This is a strain on me, but somebody has to do ittnd I know you will be glad to help with letters while I am ser ing the public good.

i cerely.

OHNSTON II. State Senator, District 26 CURTIS PETERSON JACK D. GORDON JOE BROWN WAYNE W. TODD, JR.

President President Pro Tempore Secretary Sergeant at Arms

se 1S'f

THE FLORIDA SENATE

District Office Address: Post Office Drawer M West Palm Beach. Florida 33402 (305) 659-6600

SENATOR HARRY A. JOHNSTON, II 26th District

Mr. & Mrs. H. G. Reichardt 1812 Flamingo Place Deerfield Beach, Florida 33441

Dear Mr. & Mrs. Reichardt:

July 16, 1984

Thank you very much for your letter dated April 30 concerning CS/CS/SB 754 relating to mobile homes. I apologize for not responding sooner.

I have both philosophical and fiscal concerns regarding this new law, Chapter 84-80.

The philosophical concern is based not on the provisions which affect mobile home owners who are renting or leasing lots in a mobile home park, but primarily with those provisions which relate to mobile home subdivions which are defined as "a subdivision of mobile homes where individual lots are owned by owners and where a portion of the subdivision or the amenities exclusively serving the subdivision are retained by the subdivision developer." I am enclosing a copy of the bill for your review.

The Florida Mobile Home~·Act requires the Division of Florida Land Sales, Condominiums and Mobile Homes of the Department of Business Regulation (division) to become involved in the relationship between private landowners, the lot owner and the subdivision developer. The act imposes on mobile home subdivision developers additional regulations which are not imposed on developers of traditional subdivisions. It is not clear why this distinction should exist, and one must consider whether this is a step towards imposition of similar provisions on the relationship between homeowners and subdivision developers in traditional subdivisions. It is creating an additional layer of bureaucracy apparently to be funded from general revenue and

COMMITTEES: Appropriations,

Chairman Commerce J\1dlc.iary-Civll Rules and Calendar

CURTIS PETERSON President

JACK D. GORDON President Pro Tempore

JOE BROWN Secretary

WAYNEW. TODD,JR. Sergeant at Arms

Mr. "Mrs. H. G. Reichardt July 16, 1984 Page 2

funds not actually generated by mobile home· subdivision developers or owners.

Sections 720.202 and 720.203 which are made applicable to mobile home subdivisions provide procedures to be followed when there is a reduction in services or utilities or a change in rules and regulations. These sections provide that when there is a dispute between the lot owners and the subdivision owner both parties must submit a request to the division for mediation or arbitration before an action relating to the dispute may be filed in any court.

The act also creates the Florida Mobile Home Trust Fund s.720.301 (7)(b) which is intended to be the depository of the proceeds from the fees and fines imposed pursuant to Chapter 720 with respect only to mobile home parks. The moneys in the fund are to be used to defray expenses incurred by the division in administering the provisions of Chapter 720. While owners and developers in mobile home subdivisions are not subject to the fees and fines imposed on mobile home parks, it appears that they will benefit from those funds for costs incurred in certain circumstances. This does not appear to be equitable.

The division is not allocated any revenues to provide for the initial cost of administering the chapter to ensure compliance with its provisions. The trust fund will not receive deposits earlier than January 1, 1985 although the divisions's administrative responsibilities will begin upon the act becoming law. As a result a gap in funding will develop. It is also not clear whether the planned funding of the division's expanded administrative responsibilities will be self-sustaining through the deposit of proceeds from fees, penalties, and fines.

ohnst

HAJ:Ab

Enclosure

The Honorable Curtis Peterson President, The Florida Senate Suite 409, The Capitol Tallahassee, Florida 32301

Dear Mr. President:

THE FLORIDA SENATE COMMITTEE ON JUDICIARY -CIVIL

111 Senate Office Building Tallahassee, Florida 32301

(904) 488-3070

Senator James A. Scott, Chairman Senator Roberta Fox, Vice-Chairman

Sylvia M. Alberdi, Staff Director

May 11, 1984

Although it has been represented that CS/SB 754 relating to mobile homes had the blessing and approval of all interested parties, the staff of the Committee on JudiciaryCivil was furnished with copies of 33 amendments to the bill yesterday afternoon. .

The vast majority of these amendments were placed on the House companion bill by the House Committee on Finance and Taxation and a subcommittee of the House Committee on Appropriations.

In order that you may be kept apprised of the status of CS/SB 754, I am enclosing copies of the amendments for your review, as they will be consid red by the Committee on Judiciary-Civil today.

JAS:Av

Enclosures

CURTIS PETERSON President

JACK D. GORDON President Pro Tempore

JOE BROWN Secretary

WAYNEW. TODD,JR. Sergeant at Anns

. . ~ -g' ~ 1';,--,,0-.L~ ,'_ a:1i.!i1d. ' ,. '

. :-0- .' '

". ,'-

By ROBERT NOLIN the trial Nov. i to give hoth sides ~Jews-Jc"rnal Statf \f~f!:9r time to, work out an agreement.·~

A trial Ll1 which about 2CO !'esi- Under the terms of the proposed>~ 'dents slled' the ovmer of a Port, .agreement, which the nomemvnerS'-- :-', Orange mobile home park '.vill re- association _ voted to accept earlier: sume after a proposed settlement this -we€k, tM" Thesmans woUld" fell waugh.' negotiate' over 'any changes in-'

l'"like Thesman, viho,,;-:lth nisfa- lease and rental agreements. "" ther, Ernest, O;"lIlS Brhn-:ood Mo· Christopher Wickersham, the ten-.

• bile Home. PaTk" 5§3:iO Christiancy ants' attDrney, said he was notifie<t . Ave., Port Orange, refusc-d to enter by the Orlando law ili"ID vihic11~ ! into an. agreement whiCh stated any represents the Thesmans t.ttat the:' 'rent increase. at the park sho!.lld be mvners had rejected the tomns of' . : negotiated with rasidants. The .. park's homeo,vilers association the settlement. "- .

. ; sued the Thesmans, who live in. "The bottom line is that the wO'rch .. , California, saying a June 1983 rent 'mlgoti2.tion" is not accept'-:.ble to.~ . hike of $12 was "uncom:;iohab1e." . their clients," Wickersham said;-, , The averag3 monthly rent at the ' "They stated they werfln't going tp._,·

park was raised from $117 to $129. abide by the agreement." .. Wl1en residents refused to pay ilie e-x-rra rent, thut mO:J.ey was placed in a ponrt registry. Rzsidents also complained the Qvmers violated a' contract that called l::.r ,my rent L'1Creases to be. negotiated. lNith . .:1 tenants' committee.

After two days in court, which· saw anproximarely leo elderly park residelns hI ?ttendance, Circuit Judge R. :ltlkhaei Hutcheson halted

\1:l!1en the "Settlen1ent fell fhrcugh, the B1~ianvocd rssiG:;nts opted to '. resume the liti;atiJu at a meeting.· Thursday night.

uThe~r vcted l,Tn:lnimou51y to go~'"' back to Cl)urt and th::: re~son t3 tllB " defendant's -ort'ach of this,· agreement," \Viek~!~sham said~

The attO!"hcy J.udafr· th: ~::lse 15+' scheduled for Judge nU["Ch:-:3Qn'S Janu3.ry trw docket.

:;:,.

. .•. ~ ;

REVISED: BILL NO. SB 754

DATE: April 19, 1984 Page _1_


ANALYST

1. MOhSiJY1 2.

STAFF DIRECTOR

Burnside 2>f!> REFERENCE

1. ECCA 2.

ACTION

3. 3.


Mobile Homes BB 754 by Senator Langley

1. SUMMARY:

A .. Present Situation:

©@~\J reproduced by

FI..ORiDASTATE ARCHIVES DEPARTMENT OF STATE

. R A GRAY BUILDING . ' 1j±O Tallaha.'t~ Fl 32399·Q . S'"i Series +~ carton

·'·Part·· I I 1·, chapter: 83.., ,',Florida' Statutes""the Florida;.Mobile Hom~' Landlord Tenant Act applies to tenancies in which a mobile home is placed upon a rented or leased lot in a mobile home park for residental use.

Section 83.752, Florida Statutes, provides definitions for mobile home owner, mobile home park owner, mobile home park, and mobile home lot rental agreement.

Section 83.753, Florida Statutes, provides for obligation of good faith for every rental agreement or duty within the act.

Section 83.754 grants courts certain authority regar(11ng a mobile home lot rental agreement deemed unconscionable •

Section 83.755 establishes prohibited or unenforceable provisions in mobile home lot rental agreements.


Section 83.757 establishes conditions under which a mobile home park owner has access to a mobile home and mobile home lot.

Section 83.758 establishes obligations of mobile home owners and mobile home park owners.

Section 83.759 establishes grounds and proceedings for eviction of a mobile home or a mobile home dweller.

Section 83.7594 establishes provisions relating to termination of a mobile home lease agreement and provides remedies.

Section 83.7597 provides a process for removal of a mobile home owner.

Section 83.7605 requires each mobile home lease to contain a notice to the tenant of the nature and type of zoning under which the mobile home park operates and requires park owners to notify mobile home owne~s of any application for changes in zoning.


Section 83.762 requires the mobile home park owner or a person authorized to enter into a mobile home lot rental

REVISED:

DATE:

BILL NO. SB 754

April 19, 1984 Page

agreement on his behalf to disclose in writing the name and address of such mobile home park owner or authorized person.

Section 83.763 establishes procedures for defenses for mobile home owners, in actions for rent or possession by mobile home park owners.

Section 83.764 provides rules and regulations regarding a mobile home park owner requiring a resident to purchase equipment, the installation of appliances, fees, charges, and assessments.


- 'Sect ion 83.795 establishes the rights of ,mobile home owners ",,':;,to",peaceably',assemble and communicate . '

, : .. Sect ion 83 . 796"'prov ides_ the, right, ,0f'.mobLle"home,owners to invi te publ ic off icers or 'candidates for publ ic off ice in certain areas of the mobile home park at certain times.




Section 715.303 sets forth requirements for bylaws of the homeowners' association in order for the mobile home association to exercise the rights provided in section 715.301, Florida Statutes.


This bill would reestablish ~he provisions of part III, chapter 83, Florida Statutes, the Mobile Home Landlord Tenant Act, and sections 715.301, 715.302 and 715.303, Florida Statutes, relating to rights of mobile home owners, in chapter 720.

The bill establishes general provisions relating to application of the chapter and definitions (Section 1); establishes rights granted mobile home owners such as the right to assemble and canvass the park regarding tenant association matters, the right to invite public officers or representatives of tenant organizations to appear at the park, the right to sell a home within the park, and the right of first refusal, restricts park owners' access to mobile homes and denotes the obligations of the park owner and the home owners. Provisions requiring park owners to comply with park rules, that rules may be enforced by filing a complaint with the Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business Regulation, and that local governments may not take any action which would result in the removal or relocation of mobile home owners without first determining that other facilities suitable for relocation exist (Section 2).

The bill establishes provisions relating to mobile home rental agreements and park regulations: provides that if a written lease is not in effect, the statutory provisions are deemed

-.,.;; ..

REVISED: BILL NO. SB~

Page _3_ DATE: Apr i 1 19 I 1984

part of the rental agreement, requires that no lease shall be for less than one year and that the lease contain certain information regarding the financial obligation of the mobile home owner; and requires each mobile home lease to contain a notice to the tenant regarding zoning.

Significant changes are made with regard to rent increases and reduction or elimination of services. The bill requires the park owner to give 90 days notice to homeowners prior to any rental increase and then meet with a committee of homeowners to discuss the increase, provides that mobile home owners may file a request for an investigation with the division regarding unacceptable rental increases and establishes procedures for the division to conduct such investigation; provides that the mobile home owners may file an action in court to determine whether the increase is unconscionable should the division determine the increase is justif ied, .requires· the division to

';+:";make 'amore in-depth investigat-ion if the· division does not . '-"determine' that. the increase' is .j us tif ied ,-provides that either

'.the ··mobile .. home,,{)wneror the division may" file.·an acti'on to have the rental increase held unconscionable, provides that a mobile home owner may file a complaint with the division regarding reduction or elimination of services if such action is not accompanied by a reduction in rent; requires a park owner to give notice and meet with a committee of residents prior to changing any rule or regulation; provides that such committee may petition. the division for a determination as to whether the rule is reasonable; and deletes the eviction without cause provision as an allowable grounds for eviction (Section 3).

The bill provides for termination of rental agreements; provides civil remedies; requires, as legislative intent, that all matters of dispute, not otherwise preempted by law, between a mobile home owner and a park owner are to be submitted first to the division prior to any action in court; and prohibits political subdivisions from adopting laws relating to the mobile home landlord-tenant relationship (Section 4).

Regulatory authority is granted to the division including the powers and duties to enforce and ensure compliance with the provisions of the chapter. Each mobile home park owner is required to pay an annual fee of $1, for each occupied mobile home lot, a penalty is provided for noncompliance, and all fees are to be deposited in the Mobile Home Trust Fund. Mobile home leases commencing after the effective date of this act are required to contain certain disclosure information and mobile home park owners are to prepare and file a prospectus or offering circular with the division before entering into an enforceable rental contract. Mobile home park owners or developers are prohibited from requiring a resident to purchase certain equipment from the park owner or operator; charging residents additional fees for installing certain appliances, charging certain entrance or exit fees; and using false and misleading advertising. Advertising materials must be filed with the division 10 days prior to use (Section 5); severability is provided (Section 6).


A. Public:

According to staff of the Department of Business Regulation (DBR) revenues to fund this bill will come from the following sources: filing fees .which will be paid by mobile home park developers; annual fees to be paid by each mobile home park owner; and fines and civil penalties.

REVISED: BILL NO. SB 754


Staff of the DBR estimates there to be a total of $796,000 in recurring revenues annually, which include new mobile home park filings, changes in filings, annual fees of $1 per lot and fines and penalties, and that non-recurring revenues of $1,350,000 for the initial filings for the existing mobile home parks will be received for a total of $2,146,000 in revenues paid by mobile home park owners and mobile home owners leasing lots in parks in the first year of the program. It is assumed that any increased cost to mobile home park owners will ultimately be passed on to mobile home owners leasing lots in such parks in the form of increased rates for leasing a lot.

B. Government:

The DBR staff estimates the costs for the department to administer the act for the first year to be $1,228,402.

--However, they indicated that based on projected estimates for a -,' "·,·"three· year period, 'a deficit will. result .if the fee .structure

is not increased. , " .. : ... '. ~:

III. COMMENTS:

The 1983 Legislature established a 9-member Mobile Home Study Commission to study the mobile home park industry in Florida"and determine whether additional legislation was needed. The areas of inquiry were to include the acquisition of mobile home parks by tenants, rent increases, d-isplacement of res idents upon sale of parks, zoning for mobile home parks, upgrading of mobile home parks, applicability of the Little FTC Act, and advertisin~ and leasing of mobile home lots. The commission conducted public hearings throughout the state to gain input regarding these issues.

SB 754 is drafted in accordance with the recommendations of the Mobile Home Study Commission.

This bill includes the provisions of part III, chapter 83, and sections 715.301, 715.302, and 715.303, Florida Statutes, in the newly created chapter 720. However, part III, chapter 83, and sections 715.301, 715.302, and 715.303, Florida Statutes, are not repealed by the bill; therefore, _if this bill is enacted, th~se provisions will appear twice in the statutes.

On page 17, line 23, the word "of" appears to be in e~ror. Based on section 83.757, Florida Statutes, the word "or" is correct.

An identical bill, HB 1126, has been filed in the Hous~ this session.

IV. AMENDMENTS:

None.

DRAFT

Mr. Walter "Les i• Anthony 5607 Knox Drive Port Orange, Florida 32019

Dear Mr. Anthony:

,:i_'\ \

I am very much aware of the unique needs of mobile homeowne~s .

who are leasing a lot in a mobile home park. Due to the many

problems encountered in this type of rental situation, the 1983

Legislature created a Mobile Home Study Commission comprised qf

legislators, mobile homeowne~s and mobile home park owners.

That Commission conducted public hearings and work sessions between

August 1983 and March 1984 and recommended changes to the Legis-

lature for adoption in 1984. The bill, with certain amendmen.ts,

was passed and is now in effect.

Both the Study Commission and the members of the Legislature found

that resolving the problem of increases in rental amount is a most diffi-

cult problem to solve. A number of suggestions were discussed and

debated and it was agreed by all of the parties that full-blown

II rent·control ll was not the answer. I have enclosed a copy of the

Act as it passed. Briefly, with regard to rental increases, the

law provides that a 90-day notice must be provided to mobile home-

owners prior to a rental increase. Within 30 days after the notice

of a rental increase is given, a committee ,of homeowners is to meet

with the park owner to discuss the change. Within 15 days of that

meeting, if a majority of the homeowners state in writing that

the rental increase is unreasonable, they shall submit the dispute

to mediation by the Division of Florida Land Sales, Condominiums

'and Mobile Homes.

Page 2

While this procedure will probably not be a panacea for all mobile

homeowners faced with rental increase, the testimony indicated that

mobile homeowners felt that it would relieve a good many of the

problems. This section of the bill became effective in October and

it is still rather early for us to determine the effectiveness of

the new law. I assure you, however, that the Legislature is attempting

to meet the needs of mobile homeowners and we will continue to look

into these matters.

Congressman Sam BeLL P. o. Box 191 Daytona Beach. Florida 32015

Dear Sam Be 1 L:

November 23, L984

I am writing you as an indivi0.ual - who does not represent a.ny group or org~.niza.tiqn ~ hOHevpr, as a Sen ior Citizen' on a fixed income i Am as'<:ing some relief from these greedy LandLords (OlIt of St<"lte mostty) ~"hb are bteeding we folk who have Hobile flomes on RentRl La.o0. in Rental Parks •••

I enc.loe herein a clipping - v.Jhich ino iCAtes theatt itude of the Owner of the Parle wherein I have '1'\V Mbbi le Home ••

I moved ihto this parl.(: in 197 t - at a monthly Lot Renta 1 of $ 35.00 - We are nm~ paying $ 129. Of) - with a threatenen ra ise comeS next June of another $ 12.00 - to bring. the total up to $ 141.00 - in 1986 another raise to $ 153.00 -in the next year to $ 165.00 and so on Clnd so on •••

TherE" are people in this Park who are trying to live on Socia.l Security - as there are in the many Pcu:'tcs in Florida ••

Since you. are up for re-'election in 1986 - I would like to point out - th~re.are hundreds of thou~ands of We Mobile HOlTle Owners - and Renters - Hho cou lei be very instrurnena 1 in continuing you in off ice for as Lone as' YOll wish to stay in Ta lleha ss ee ~ a s a matter of f Clct, there are enough of us to elect you Govprnor if that is your wish ••

The idea of these Greedy Landtorns blep0.ing ~"1e Senior Citisens is reprehensible - anrl ;'7e· look to R~presentatives such' a s you to give us some re If?.if • • • r..JE NEED SOi'1E Rii:LIEF •••

ThanJ< you for your consideration.:.

t,J8Lter "Les" Anthony 5607 IG."lOX Drive Port Orange~ Florida 320t9 904 767 3637

REVISED: April 25, 1984 BILL NO. CS/SB 754



ANALYST

1. Mohsaf7J1 2.

STAFF DIRECTOR

Burns ide ~C> REFERENCE

1. ECCA 2.

ACTION

FAV/CS

3. 3.


Mobile Homes CS/SB 754 by ECCA Committee and Senator Langley

I. SUMMARY:


Part III, chapter 83, Florida Statutes, the Florida Mobile Home Landlord Tenant Act applies to tenancies in which a mobile home is placed upon a rented or leased lot in a mobile home park for residental use.

Section 83.752, Florida Statutes, provides definitions for mobile home owner, mobile home park owner, mobi Ie home park, and mobile home lot rental agreement.

Section 83.753, Florida Statutes, provides for obligation of good faith for every rental agreement or duty within the act.

Section 83.754 grants courts certain authority regarding a mobile home lot re~tal agreement deemed unconscionable.

Section 83.755 establishes.prohibited or unenforceable provisions in mobile home lot rental agreements.


Section 83.757 establishes conditions under which a mobile home park owner has access to a mobile home and mobile home lot.

Section 83.758 establis.hes obligations of mobile home owners and mobile home park owners.

Section 83.759 establishes grounds and proceedings for eviction of a mobile home or a mobile home dweller.

Section 83.7594 establi~hes provisions relating to termination of a mobile home lease agreement and provides remedies.

Section 83.7597 provides a process for removal of a mobile home owner.

Section 83.7605 requires each mobile home lease to contain a notice to the tenant of the nature and type of zoning under which the mobile home park operates and requires park owners to notify mobile home owners of any application for changes in zoning.


. ~" ." .

REVISED: April 25, 1984


BILL NO. CS/SB 754

.Page _2_

.Section 83.762 requires the mobile home park owner or a person authorized to enter into a mobile home lot rental a9reement on his behalf to disclose in writing the name and address of such mobile home park owner or authorized person.

Section 83.763 establishes procedures for defenses for mobile home owners, in actions for rent or possession by mobile home park 'owners.

Section 83.764 provides rules and regulations regarding a mobile home park owner requiring a resident t.o ,purchase equipment, the installation of appliances, fees, charges, and assessments.


Section 83.795 establishes the rights of mobile home owners to peaceably assemble .and communicate.

Section 83.796 provides the right of mobile home owners to invite public officers or candidates for public office in certain areas of the mobile home park at certain times.




Section 715.303 sets forth requirements for bylaws of the homeowners' association in order for the mobile home association to exercise ~he rights provided in section 715.301, Florida Statutes.


This bill would reestablish the provisions of part III~ chapter 83, Florida Statutes, the Mobile Home Landlord Tenant Act, and sections 715.301, 715.302 and 715.303, Florida Statutes, relating to rights of mobile home owners, in chapter 720.

The bill establishes general provisions relating to application of the chapter and definitions; establishes rights granted mobile home owners such as the right to assemble and canvass the park regarding tenant association matters, the right to invite public officers or representatives of tenant organizations to appear at the park, the right to sell a home within the park, and the right of first refusal, restricts park owners' access to mobile homes and denotes the obligations of the park owner, the home owners, and the homeowner's association. Provisions requiring park owners -to comply with park rules, that rules may be enforced by filing a complaint with the Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business Regulation, and that local governments may not take any action which would result in the removal or relocation of mobile home owners without first determining that other facilities suitable for relocation exist are included. A mobile home association acquiring a mobile home park is exempt from the requirements of part VI, chapter

" .. -

"

•• ;.' •.•• • ",f

REVISED:

DATE:

April 25, 1984 BILL NO. eS/SB 754

April 19, 1984 ,Page _3_

718; Florida Statutes, and part VI, chapter 719, Florida Statutes, and certain responsibilities for the person authorized by the mobile home park owner to receive notices and demands on the park owner's behalf are provided.

The bill establishes provisions relating to mobile home rental agreements and park regulations; provides that if a written lease is not in effect, the statutory provisions are deemed, part of the rental agreement, requires that no lease shall be for less than one year and that the lease contain certain information regarding the financial obligation of the mobile home owner; and requires each mobile home lease to contain a notice to the tenant regarding zoning.

Significant changes are made with regard to rent increases and reduction or elimination of services. The bill requires the park owner to give 90 days notice to homeowners prior to any rental increase and then meet with a committee of homeowners to discuss the increase, provides for mediation and arbitration by the division·in certain disputes between mobile home owners and mobile home park owners and excludes information subpoenaed by the division from the Public Records Act, provides that a mobile home owner may file a complaint with the division regarding reduction or elimination of services if such action is n'ot accompanied by a reduction in rent; requires a park owner to give notice and meet with a committee of residents prior to changing any rule or regulation; provides that such committee may petition the division for a determination as to whether the rule is reasonable; and deletes the eviction without cause provision as an allowable grounds for eviction and provides circumstances under which a mobile home park owner may terminate the tenancy of a mobile home owner.


Regulatory authority is granted to the division including the powers and dut i'es to enforce and ensure compl iance wi th the provisions of the chapter. Each mobile home park owner is required to pay an annual fee of $1, for each occupied mobile home lot, a penalty is provided for noncompliance, and all fees are to be deposited in the Mobile Home Trust Fund. Filing fees for existing mobile home parks are to be based on the number of lots in the park. Mobile home leases commencing after the effective date of this act are required to contain certain disclosure information and mobile home park owners are to prepare and file a prospectus or offering circular with the division before entering into an enforceable rental contract. A summary of the contents of the ground lease or other underlying leases, where copies of the same have been filed with the division, may be used as exhibits in a prospectus or offering circular. Mobile home park owners or developers are prohibited from requiring a resident to purchase certain equipment from the park owner or operator; charging residents additional fees for installing certain appliances, charging certain entrance or exit fees; and using false and misleading advertising. Advertising materials must be filed with the division 10 days prior to use; severability is provided. The Department of Health and Rehabilitative Services is required,to provide the division, at no cost, a current listing of registered mobile home parks.

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REVISED: April 25, 1984



A. Public:

BILL NO. CS/SB 754

.Page _4_

According to staff of the Department of Business Regulation (DBR) revenues to fund this bill will come from the following sources: filing fees which will be paid by mobile horne park developers; annual fees to be paid by each mobile horne park owner; and fines and civil. penalties.

Staff of the DBR estimates there to be a total of $796,000 in recurring revenues annually, which include new mobile horne park filings, change~ in filings, annual fees of $1 per lot and fines and penalties, and that non-recurring revenues of $1,350,000 for the initial filings for the existing mobile horne parks will be received for a total of $2,146,000 in revenues paid by mobile home park owners .and mobile home owners leasing lots in parks in the first year of the program. It is assumed that any increased cost to mobile horne park owners will ultimately be passed on to mobile horne owners .leasing lots in such parks in the form of increased rates for leasing a lot.

B. Government:

The DBR staff estimates the costs for the department to administer the act for the first year to be $1,228,402. However, they indicated that based on projected estimates for a three year period, a deficit will result if the fee structure is not increased.

III. COMMENTS:

The 1983 Legislature established a 9-member Mobile Horne Study Commission to study the mobile horne park industry in Florida and determine whether additional legislation was needed. The areas of inquiry were to include the acquisition of mobile horne parks by tenants, rent increases, displacement of residents upon sale of parks, zoning for mobile home parks, upgrading of mobile horne parks, applicability of the Little FTC Act, and advertising and leasing of mobile horne lots. The commission conducted public hearings throughout the state to gain input regarding these issues.

SB 754 is drafted in accordance with the recommendations of the Mobile Horne Study Commission.

On page 17, line 23, the word ~of" appears to be in error. Based on section 83.757, Florida Statutes, the word "or" is correct.

An identical bill, HB 1126, has been filed in the House this session.

IV~ AMENDMENTS:

None.

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STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN COMMITTEE SUBSTITUTE FOR CS/SB 754

When a committee designated by a majority of the mobile home owners meets with the park owner to discuss proposed changes in lot rental fees, services, etc.,'the committee shall, within 15 days of the meeting, request that the dispute be submitted to mediation if a majority of the home owners have stated that the proposed change is unreasonable. If the mobile home park has a homeowners association, the above-mentioned committee shall be designated by the board of directors.

When the director of the Division of Florida Land Sales, Condominiums, and Mobile Homes exercises his authority to subpoena the books and records of any party if the mediator determines that such information is relevant, th~ information acquired shall be for use by the division only and is exempt from Chapter 119, the Public Records Act.

A resolution arising from a dispute settlement proceeding shall not be deemed final agency action.

Mobile home park recreation districts no longer have to extend admission to or use of district recreational facilities to the general public.

Committee on ______ ~J~u~d~ic~i=a~r~y_-~C~i~v~i~l~ ____ __

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REVISED: BILL NO. CS/CS/SB 754

DATE: May 18, 1984 Page _1_


ANALYST STAFF DIRECTOR REFERENCE ACTION

1. Mohs . Burnside 1. ECCA Fav/CS 2. Slaymaker"'B:" 3.

Alberdi £ 7

2. J=C.:..I ____ .t..F::::.av.!../<....;C:::!S~ __ _ 3.


Mobile Home Act CS/CS/SB 754 by Judiciary-Civil committee, Senator Langley, and Others

1. SUMMARY:


@@rPYl reprdduced by

FLORIDA. STATE ARCHIVES DEPARTMENT OF STATE

R A. GfMY BUILDING TanahaJ9 FL 32399:0250

Series '. cartontlf-7S

Part III, Chapter 83, Florida Statutes, is Florida's Mobile Home Landlord Tenant Act. The act applies to tenancies in which a mobile home is placed upon a rented or leased lot in a mobile home park for residential use.

The act imposes an obligation of good faith for every rental agreement or duty within the act. Courts are given certain authority regarding mobile home lot rental agreements deemed unconscionable. Prohibited or unenforceable provisions in mobile home lot rental agreements are established and provision for attorney's fees to the prevailing party in some instances is also provided.

Part III of Chapter 83 also establishes conditions under which a mobile home park owner has access to a mobile home and mobile home lot. Obligat ians of mobile homeowners are prov ided and grourids and proceedings by which the park owner can evict the mobile home or the mobile home dweller are established. Provisions relating to termination of a,mobile home lease and available remedies are provided. The process to be fOllowed for removal of a mobile bome owner and procedures for defenses for mobile home owners, in actions for rent or possession by the park owner, are also provided.

Each mobile home lease must contain a notice to the tenant of the nature and type of zoning under which the mobile home park operates and requires park owners to notify mobile home owners of any application for changes in zoning.

The mobile home park owner or a person authorized to enter into a mobile home lot rental agreement on his behalf must disclose in writing the name and address of such mobile home park owner or authorized person.

Rules and regulations regarding a mobile home park owner requiring a resident to purchase equipment, the installation of appliances, fees, charges, and assessments are established.

The rights of mobile home owners to sell a mobile home; to peaceably assemble and communicate; and to invite public officers or candidates for public office in certain areas of the mobile home park at certain times are provided.

Procedures and rights of tenants to purchase a mobile home park if a mobile home park owner offers the park for sale are established providing that the mobile home owners in the park form a homeowners' association in order to exercise the right

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REVISED:

DATE:

BILL NO. CS/CS/SB 754

May 18. 1984 Page _2_

to purchase the park. The requirement that the homeowners' association establish bylaws in order to exercise its rights is also set forth.

Injunctive relief for any mobile home owner prevented from exercising rights guaranteed by this chapter is provided. Violators of any right or duty declared in the act are subject to civil remedies as provided.


This bill would reestablish the provisions of Part III, Chapter 83, Florida Statutes, the Mobile Home Landlord Tenant Act, and sections 715.301, 715.302 and 715.303, Florida Statutes, relating to rights of mobile home owners, in Chapter 720.

The bill establishes general provisions relating to application of .the chapter and definitions and provides that this chapter shall apply to residential tenancies in which a mobile home is placed upon a rented or leased lot in a mobile home park in which 10 or more lots are offered for rent or lease.

The bill establishes rights granted mobile home owners such as the right to assemble and canvass the park regarding tenant association matters, the right to invite public officers or representatives of tenant organizations to appear at the park, the right to sell a home within the park, and the right of first refusal. The bill restricts park owners' access to mobile homes and denotes the obligations of the park owner, the home owners, and the homeowners' association. The bill includes provisions requiring park owners to comply with park rules, that rules may be enforced by filing a complaint with the Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business Regulation {division}, and that local governments may not take any action which would result in the removal or relocation of mobile home owners without first determining that other facilities suitable for relocation exist.

A mobile home association acquiring a mobile home park is exempt from the requirements of Part VI, Chapter 718, Florida Statutes, and Part VI, Chapter 719, Florida Statutes, and certain responsibilities for the person authorized by the mobile home park owner to receive notices and demands on the park owner's behalf are provided.

The bill establishes provisions relating to mobile home rental agreements and park regulations; provides that if a written lease is not in effect, the statutory provisions are deemed part of the rental agreement, requires that no lease shall be for less than one year and that the lease contain certain information regarding the financial obligation of the mobile home owner; and requires each mobile home lease to contain a notice to the tenant regarding zoning.

Significant changes are made with regard to rent increases and reduction or elimination of services. However, for tenancies in existence on the effective date of the bill and until the term of the existing rental· agreement expires, the bill shall not be construed to prevent· any mobile home park owner from passing on to the home owner any costs which are incurred as the result of actions of any state or local government. The bill requires the park owner to give 90 days notice to homeowners prior to any rental increase and then requires that the park owner meet with a committee of homeowners to discuss the increase. If the home owners find the change unreasonable they shall petition the division to mediate. No resolution arising from a dispute settlement proceeding shall be deemed

REVISED:

DATE:

BILL NO. cStCS/SB 754

May 18, 1984 Page

final agency action. Information subpoenaed by the division is for use by the division only and is exempt from Chapter 119, the Publ ic Records Act. .

The bill provides that ~ mobile horne owner may file a complaint with the division regarding reduction or elimination of services if such action is. not accompanied by a reduction in rent; requires a park owner to give notice and meet with a committee of residents prior to changing any rule or i. regulation; provides that such committee shall request that the dispute be submitted to mediation if the horne owners find the change unreasonable and deletes the eviction without cause ... provision as an allowable grounds for eviction and provides circumstances under which a mobile home park owner may terminate the tenancy of a mobile home owner.


Regulatory authority is granted to the division to ensure compliance with the provisions of the chapter. Each mobile horne park owner is required to pay an annual fee of $1, for each mobile home lot, a penalty is provided for noncompliance. Filing fees for existing mobile horne parks are to be based on the number of lots in the park.

The bill also provides that proceeds from fees, penalties, and fines imposed pursuant to this chapter shall be deposited into the Florida Mobile Horne Trust Fund. The bill creates said fund.

Mobile horne leases commencing after the effective date of this act are required to contain certain disclosure information and mobile home park owners are to prepare and file a prospectus or offering circular with the division before entering into an enforceable rental contract. A summary of the contents of the ground lease or other underlying leases, where copies of the same have been filed with the division, may be used as exhibits in a prospectus or offering circular.

Mobile home park owners or developers are prohibited from requiring a resident to purchase certain equipment from the park owner or operator; charging residents additional fees for installing certain appliances, charging certain entrance or exit fees; and using false and misleading advertising. Advertising materials must be filed with the division 10 days prior to use; severability is provided. Advertising materials include promotional brochures, pamphlets, advertisements, or other materials to be disseminated to the public in connection with the sale of a new mobile horne or lease of a mobile home lot.

The Department of Health and Rehabilitative Services is required to provide the division, at no cost, a current listing of registered mobile home parks.

The bill also provides that mobile home park recreation districts no longer have to extend admission to or use of district recreational facilities to the general public.


A. Public:

Revenues to fund this bill will corne from the following sources: filing fees which will be paid by mobile horne park

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REVISED: BILL NO. CS/CS/SB 754

DATE: May 18, 1984 Page --1-

developers; annual fees to be paid by each mobile home park owner; and fines and civil penalties.

It is assumed that any increased cost to mobile home park owners will ultimately be passed on to mobile home owners leasing lots in such parks in the form of increased rates for leas i ng a lot.

B. Government:

The Department of Business Regulation staff estimates the costs of administering the act for the first year to be $1,228,402. However, they indicated that based on projected estimates for a three-year period, a deficit will result if the fee structure is not increased.

III. COMMENTS:

The 1983 Legislature established a nine-member Mobile Home Study Commission to study the mobile home park industry in Florida and determine whether additional legislation was needed. The areas of inquiry were to include the acquisition of mobile home parks by tenants, rent increases, displacement of residents upon sale of parks, zoning for mobile home parks, upgrading of mobile home parks, applicability of the Little FTC Act, and advertising and leasing of mobile home lots.

An identical bill, CS/CS/HB 1126, has been filed in the House by the House Judiciary Committee.CS/CS/HB 1126 passed out of House Finance and Tax and House Appropriations and has been placed on the House Special Order Calendar.

IV. AMENDMENTS:

None.

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IILL ACTION REPORT

(C3-7?: File with Secretary of Senate) CSj (5) O<lU BILL NO._....:...7.;;;,..54'-__ _

COMMITTEE.ON __ ~J~U~D~IC=I~AR~Y_-~CI~V~IL~ _______________ ___

DATE ~lay l1, 1984 Date Reported ______________ __

TIME 2:00 - 5:00 p.m. FINAL ACTION:

PLACE Committee Room "B" _____ Favorably with _____ amendments

OTHER COMMITTEE REFERENCES: (In order shown)

[ECCA: Favorable/CSj 04-24-84]

____ Fa.vorably with Committee Substitute

_____ Unfavorably

OTHER: ____ Temporarily Passed

Reconsidered

THE YOTE WAS: X Not Considered

FINAL BILL VOTE SENATORS

Aye Nay Aye Nay Aye!Nay Aye Nay / A'Le

GERSTEN. Joseph M. "Joe"

HAIR, Mattox

JENNE, Kenneth C.

JOHNSTON, Harry A. II

LANGLEY Richard H.

FOX. Roberta

scan, James A.

TOTAL Aye Nay Ayc Nay Ayc Nay Aye Nay Aye

(Attach additional page if necessary)

Please Complete: The key sponsor appeared A Senator appeared Sponsor's aide appeared Other appearance

( ( ( (

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Nay

Nav

Aye Nay_

Aye Nay

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BILL ACTION REPORT

(C3-75: File with Secretary of Senate) CSI (SlXXI» BILL NO,_J...:75;(.;;!4:-___ ,

COMMITTEE.ON ___ J~U~O~IC~I~A~RY~-~C~I~VI~L~ ___________________ _

DATE ____ r~la~y_l~8~,~19_8~4 ______________ __ Date Reported ~lay 18, 1984'

TIME __ ~9~:~0~0_-~1~2~:0~0~no~o~n~ ________ __ FINAL ACTION:

PLACE Committee Room "B" __ '_Favorably with amendments


__ X_Favorably with Committee Substitute

[ECCA: Favorable/CS; 04-24-84J

THE VOTE WAS:

_Unfavorably

OTHER: __ Temporarily Passed

__ Reconsidered

__ Not Considered

FINAL BILL VOTE SENATORS

On JCI Motion to agenda-- consider

Amends. #1- Amend. #12: Amend. #13: #11 p 3.0, 1 29 P 25, 1 11

Plot PCS/CS/SB if'n>1.,,·· r .:,y" ,/I' '--zsA.

Aye Nay Aye Nay Aye Nay Ale Nay . Are Nay Aye Nay

X GERSTEN, Joseph M. "Joe"

X HAIR. Mattox

X JENNE. Kenneth C.

JOHNSTON, Ha rry A., II

X LANGLEY Richard H.

~~X~~ ____ rF~O~X~.~R~o~b~e~rt~a~ ______ -+ ____ r-__ ~ __ -4~ __ ~ __ -+ ____ +-__ ~ __ -4~ __ ~ ___ '

X scan, James A. I

o TOTAL X X X Nay Aye Nay Ayc Nay ALe Nay Aye Nav


'~plete: The key sponsor appeared A Senator appeared . Sponsor's aide appeared Other appearance

~ X ~ Langley.

( ) ( X ) Skelding

X Aye Nay

BILL ACTION REPORT

(C3-75: File with Secretary of Senate) (S) (XMx BILL NO. --=5:.=8_7;..:5;..:4 ___ _

COMMITTEE.ON Economic, Community, & Consumer Affairs

[)AT E. .May 24, 1984

TIME 2:00 - 5:00 p.m.

PLACE lbcm H, Senate Office Bldg.


None

THE VOTE WAS:

Oa te Reported April 25/ 1984

FINAL ACTION:

___ Favorably with amendments

__ X __ Favorably with Committee Substitute

___ Unfavorably

OTHER: ___ Temporarily Passed

Reconsidered

Not Considered

Moved by Senator to consider Proposed CamtitteeSubStitute

l\menCkrent J\menCkrent J\mendrrent FINAL #l to PCS #2 to PCS #3 to.PCS

BILL VOTE SENATORS by Stuart . by Stuart by Stuart

Are Nay Aye Nay Aye Nay Aye Nay Aye Nay Aye l\ay

X Senator Orilders, D.C. ~lITH bur WITHC or OOJE P'lCN' ~ ~lCN

OOJECl lCN X Senator Grizzle OFlJ I<;MBER:> M3ER:> OF !-lE IMBER:>

PRES 00 PRES] m PRES! ~ X Senator Meek

X Senator Myers

X Senator Stuart

---,- Senator Grant -- -- - -- -X Senator Carlucci

(Chai:rnan) , : ,

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6 I 0 I TOTAL Aye I Nay Ayc Nay Ayc Nay Aye Nay


'lease Complete: The kcy sponsor appcarcd A Senator appeared Sponsor's aide appeared Othcr appearance

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(C3a-75: ~ilc with Secretary of Scnuic)

.BILL ACTIO~ REPORT (Continued)

eTo be used for additional amendments and motions)

CS/(S)~X BILL NO. __ ~7~5~4 ________ __

Page No. __ ~_2 __________ __

CO~!~! I TT EE o N __ .,;:.J.::..:UD:...:I:...::C.,;:.IA;.,;;R""Y,--..:.C.,;:.I V.:...;I:...::L:....-__________ _

The Vote Was:

Amend. #14: p 47, 1 6

SENATORS

Aye ~ay Ave :-Jay Aye :-lay Aye ;-lay I Aye :\ay Aye Nay

GERSTEN, Joseph M. "Joe'

HAIR, Mattox t-

JENNE, Kenneth C. '1'I! ~ JOHNSTON, Harry A., II !J)~ ~I i

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LANGLEY, Richard H. I V/ ,

FOX, Roberta I

SCOTT, James A. I i

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TOTAL X

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Aye ~ay Aye :-iav Aye Nay Ave ~av Aye :-Jay Ave i'iay :

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5ede~t:On ~!o4lob~ QYanu} f9;'w~le$~ c:L5~a-, g9'"no. __ ~._,_" ___ ._~,, ••• _ ••• ~W' •• _. ,,:2'~. __ .. _,,_ ... ,_. ___ ,_.,~ ______ .~ .. ___ . __ ~ ______ ---______ ~~_._ 4020 PORTSMOUTH ROAD • LARGO. FLORIDA 33541 • TElEPHONE 813/530·7539

Representative Ronald A. silver. Chairman Mobile Home Study Commission 207 House Office Building Tallahassee. Florida 32301

Attention Teresa Brown

January 24. 1984

Re: December 21. 1983 Letter; Mobile Home Bill

Dear Representative silver:

In accordance with the referenced letter. the FMO Legislative Committee has reviewed the 78-page third draft of the Mobile Home Bill. After reading it thoroughly. it was readily apparent that there were many changes from the existing Part 3, Chapter 83 Florida Statute and that these changes reflect~d considerable effort on the part of the author(s) to improve drastically existing mobile home law. The fact that they accomplished their apparent goal is obvious in many areas. however. the number one problem in Florida for mobile home owners "rent". has not been adequately addressed. In addition. there are other areas which we felt could be improved by either revising, deleting or adding to.

Enclosed with this letter is a proposed revision to the third draft of the Mobile Home Bill. Our primary revision addresses the "Division's" basis for determining the appropriateness of mobile home lot rental rates. In addition this proposed revision contains less significant suggestions but nevertheless, items viewed by us as important to resolving the long range mobile borne owner- park owner problems.' We sincerely hope tbat you and your staff will have sufficient time to evaluate these proposals and contact us if questions arise.

On behalf of t.he mobile home owners throughout the state. I extend my wholehearted appreciation to you and your staff .and any other individuals who participated in the preparation of the third draft as well as those who participate in any future drafts which may be rendered .

FY:clk cc: Sen. Richard Langley

Rep. Patrick Neal Rep. Peter Dunbar

. Sincerely.

'-7!~i'i/~tuL Fred Yonteck Executive Director

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1 A bill to be entitled

2 An act ~elating to mobile homes;

3

" section 1. Sections 720.1, 720.2, 720.3, 720.4, 720.5. 720.6, and 720.7,

5 Flo~ida statutes, a~e c~eated to ~ead:

6 720.01 Short Title. This Chapter shall be known and may be cited as

7 the "Flot'ida Mob ile Home Ac t ...

8 720.02 Application. The p~ovisions of the Chapter shall apply to

9 tenancies in which a mobile ho~e is placed upon a rented or leased lot in a

10 mobile home pa.rk for residential use, in mobile home subdivisions where

II ownership of a portion of the property serving the subdivision is retained by

12 the developer and mobile home parks owned by tenant corporations. This part

13 shall not be construed to apply to any other tenancy including a tenancy in

14 which both a mobile home and a mobile home lot are rented or leased by the

15 mobile home resident or in those instances where rental space is offered for

16 occupancy by recreational vehicles, type of units primarily designed as

11 temporary living quarters for recreation, camping oc travel use and which

18 either have their own motive power or are mounted on or drawn by another

19 vehicle. Where both the mobile home arid lot are rented, the tenancy shall be

20 'governed by the provisions of part II, the "Florida Residential Landlord and

21 Tenant Act".

22 720.03 Legislative policy. The Legislature recognizes that mobile home

23 parks peculiarly affect the public interest and bear a substantial

24 ~elationship to the public health, safety, morals, and general welfare. The

25 Legislature finds that a hybrid "type of property relationship exists between

26 the mobile home owner and the mobile home park owner, and that the

\

1 relationship is not simply one of landowner and tenant. The Legislature

2 further finds that mobile home owners move into mobile home parks residential

3 communities or mobile home subdivisions at the express or implied invitation

4 of mobile home park owners. Because the homes and appurtenances there~o of

5 mobile home park owners are premanently affixed to plots of" land rented from

6 mobile home park owners. and cannot thereafter be moved without incurring

7 SUbstantial expense on the part of the home owners, because home owners have

8 sizeable financial investments in the lots to which their homes and

9 appurtenances thereto are affixed. and because of the scarcity or

10 unavailability of vacant lots in alternative mobile home parks, mobile home

11 owners are in a grossly inferior bargaining position and accordingly are

12 peculiarly vulnerable to abuse by the park owners. The purpose of this act is

13 to codify and clarify existing principles and rights of mobile home owners and

14 mobile home park owners. and thus to ameliorate the inherent vulnerability of

15 mobile home owners by considering the equities which should be accorded mobile

16 home owners and by declaring that both horne owners and park owners have basic

17 pC'operty rights which must harmonize and be reciprocally accommoda~ed. The

18 Legislature recognizes that the park owner is not permanently divested, by

19 reason of his operation of a mobile home park. or the ultimate rights of

20 possession of the realty comprising the park. However, the home owner is

21 entitled to protections. consistent with the equities and the property right

22 and interests of the mobile home owner on the realty comprising the park,

23 regarding the terms of his occupancy of the lot on which his mobile home and

24 appurtenances thereto are affixed. The provisions of all sections of this

25 part are to be construed in the 'light of this policy.

26 720.04 Definitions. As used in this chapter, the following words and

..,.

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1 te~s shall have the following meanings unless clearly indicated'otherwise:

2 (1) "Division" means the division of Florida Land Sales, Condominiums,

3 and Mobile Homes of the Department of Business Regulation.

(2) "Mobile Home" means a st.ructure 'transport.able io one or more

5 sections. which is eight body feet or mare in width, over thirt.y-five feet

6 long and which is built on an integral chassis, and designed to be used as a

7 dwelling when connected to the required utilities, and includes the plumbing,

8 heating, air conditioning, and electrical systems contained therein.

9 (3) "Hobile HOme Broker" means any person who is engaged in the business

10 of offering to procur or procuring the mobile homes for the general publici

11 who holds himself out through solicitation, advertisement, or otherwise as one

12 who offers to procure or procures mobile homes for the general public; or who

13 acts as the agent or middleman on behalf of the owner or seller of a mobile

14 hom. which is for sale or who assists or represents the seller in finding a

15 buyer for the mobile home.

16(4) "Hobile Home Dealer" means any person engaged in the bus i ness of

17 buying, selling. or dealing in mobile homes or offering or displaying mobile

18 homes for sale. The term "dealer" includes a mobile home broker. Any person

19 who buys, sells, deals in. or offers or displays for sale. or who acts as the

20 agent for the sale of, one or more mobile homes in any 12-month period shall

21 be prima facie presumed to be a dealer. The terms "selling" and "sale"

22 include lease-purchase transactions. The tern "dealer" does not include banks

23 and finance companies who acquire mobile homes as an incident to their regular

24 business and does not include mobile home rental and leasing companies that

25 sell mobile homes to dealers licensed under this section.

26 (5) "Mobile home park developer" means a person or ent i ty who undertakes

1 to build o~ develop a mobile home pa~k on land not p~eviously utilized fo~

2 that purpose.

3 (6) "Kobile h'ome owner" o~ "home owne~·tmeans a person who owns a mobile

4 home and rents o~ leases a lot within a mobile home pa~k for ~esidential use

5 o~ who owns a mobile home located in a mobile home subdivision.

6 ( 7) "Kobile home pa~lc owne~t. o~ "pa~lc 'owne~" means an owne~ of a mobile

7 home pa~k.

8

9

10

11

12

13

14

15

(8) "Mobile home pa~lc" o~ "pa~lc" means a use of land in which two (2) O~

mo~e lots or spaces are offered fo~ rent o~ lease for the placement of mobile

homes and in which the primary use of the pa~lc is residential.

(9) "Mobile home subdivision" means a subdivision of mobile homes where

indicated lots a~e owned by owners and where a portion of the subdivision or

the amenities se~ving the subdivision are retained by the subdivision

develope~.

(10) "Mobile home lot ~ental agreement·· o~ "~ental ag~eement" means any

16 mutual understanding. lease, o~ tenancy whethe~ o~al o~ in writing, between a

17 mobile home owne~ and a mobile home pa~lc owner in which the mobile home owne~

18 is entitled to place his mobile home on a mobile home lot fo~ the payment of

19 conside~ation to the mobile home pa~lc owne~.

20 (11) "Permanent Imp~ovement" means property which has been affixed to

21 ~eal property. and which cannot be ~emoved and relocated without substantial

22 damage to the imp~ovement.

23 (12) "Type I mobile home" means any residential unit ~equird by federal

2. law to be constructed according to fede~al manufactured home constructions and

25 safety standards promUlgated by the united states Department of Housing and

26 Urban Development.

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1

2

3

(13) ""Unreasonable" means arbltraty, capricous, or an act inconsistent

with the applicable policies and provision of this act.

720.05 Obligation of good faith and fair dealings. Every rental

4 agreement or duty within this chapter imposes an obligation of good faith and

5 fair dealings in its performances or enforcement.

6 720.101 Right of mobile home owners to peasefully assemble; right to

7 communicate.---

8 (1) No provision contained in any bylaws, lease, rental agreement,

9 regulation or rule pertaining to a mobile home park shall infringe upon the

10 right of the mobile home owners to peaceably assemble in an open public

11 meeting for any lawful purpose, at reasonable times and ina reasonable

12 manner, in the common areas or recreational areas of the mobile home park.

13 (2) No provision contained in any bylaw, lease, rental agreement,

14. regulation or rule pertaining to a mobile home park sllall infringe upon the

IS dght of the mohile home owner or tenants to communicate or assemhle among

16 themselves, at reasonable times and in a reasonahle manner, for the purpose of

17 discussing any problems relative to the mobile home park. Such discussions

18 may be held in common areas or recreational areas of the park including halls

19 or centers or in any residents' mobile home. In addition, the park owner or

20 developer may not restrict the use of any facility including utilities when

21 requested.

22 (3) No provision contained in any bylaw, lease, rental agreement,

23 regulation or rule pertaining to a mobile home park shall prohibit any mobile

24 home owner or tenant from cnavassing mobile home owners for any purpose. For

25 the purposes of this section, the term "canvassing" includes an oral or

26 written request, the distribution, circulation, posting, or publication of a

1 notice, or a general announcement requesting the payment of membership dues or

2 other matters relevant to the membership of such pat"k association, fedet"ation

3 or organization. ,Such canvassing is to be done at a reasonable time, or

4 times, in a reasonable .anner. It is the intent of the Legislature, through

5 the enactment of this subsection, to prohibit any owner or manager of a mobile

6 home pat"k from prohibiting ft"eecommunication among mobile home ownet"s or

7 tenants in the guise of regulations or rules redtt"icting at" limiting

8 canvassing for association or fedet"ation dues or other association or

9 federation matters.

to 720.102 Right of mobile home owner to invite public officet"s, candidates

11 for public office, or officers of a tenant ot"ganization.--

12 No provision contained in any bylaw. lease, rental agreement, regulation or

13 rule pertainIng to a mobile home park shall infringe upon the right of a

14 mobile home owner to invite public officers, candidates who have qualified for

15 public office, or officers and rept"esentatives of a tenant organization to

16 appear and speak upon matters of public interest in the common areas or

17 recreational areas of the mobile home park at reasonable times and in a

18 reasonable manner in an open public meeting.

19 720.103 Injunction. Any mobile home owner prevented ft"om exeFci sing

20 rights guaranteed in Sec. 720.101 or 102 may bring action either to the

21 division or appropriate court having jurisdiction in the county in whicb the

22 alleged infringement occured, upon favorable adjudication, the cout"t or

23 division shall enjoin the enforcement of any provision contained in any bylaw,

24 lease, rental agreement, regulation or rule pertaining to a mobile home park

25 which operates to deprive the owner of such rights.

26 720.104 Mobile home parks; restriction on disposal of mobile homes,

1 proceedings.---

2 (1) No mobile home park owner or developer shall make or enforce any rule

3 or r:-egulation which shall deny or abridge the right of any res ident of such

4 mobile home park or any owner:- of a mobile home located in such par:-k to sell

5 said mobile home within the par:-k, which shall pr:-ohibit the mobile home owner

6 fr:-om placing a "for sale" on or in his mobile home, the side, placement and

1 char:-acter of all signs to be subject to properly pr:-omulgated r:-easonable rules

a and regulations of the mobile home park, or which shall r:-equlr:-e the resident

9 or:- owner to remove the mobile home fr:-om the pat'k at the time of the sale of

10 the mobile home unless the continued existence of the mobile home in the

11 mobile home par:-k is so detrimental that it directly and adver:-sely affects the

12 resale value of the other mobile hom.es in the park or directly and adversely

13 affects the health, safety and welfar:-e of the other residents or home owner:-s

14 in the ~obile home park. The mobile home owner shall notify the park owner in

15 writing of his intent to sell the mobile home within the park. No later than

16 S days after:- receipt of notice of intent to sell a mobile home, "a mobile home

17 par:-k owner shall notify in writing the mobile home owner of any objection to

18 the sale. within the park, of the mobile home. The notice shall specifically

19 state the grounds upon which the objection is made, which shall be limited to

20 the grounds spepcified in this subsection. Upon r:-eceiving notice of objection

21 to the sale of the mobile home, a mobile home owner shall have 60 days in

22 which to file a complaint with the division to seek a determination of whether

23 or not the park owner's objection to the sale of the mobile home actually and

24 reasonably comes within the grounds established in this subsection. Failur:-e

25 to file such a complaint shall constitute acceptance of the par:-k owner's

26 objection to the sale of the home.:and the mobile home shall be removed fr:-om

1 the mobile home park upon termination of the existing rental agreement. The

2 division shall determine within 30 days after the filing of a complaint under

3 this subsection whether the resale of the mobile home in the mobile home park

4 shall be permitted.

5 (2) The purchaser of a mobile home, situated within a mobile home park or

6 a mobile home subdivision. if said purchaser would otherwise qualify witb the

7 requirements of entry into the park under the park rules and regulations, may

8 become a tenant of the park. The park owner shall not exact a commission or

9 fee with respect to the sale of or .the offer to sell a mobile home unless the

10 park owner or developer has acted as agent for the mobile home owner in the

11 sale pursuant to a written ~ontract. The park owner or developer shall not

12 refuse any r.esident or owner the right to sell to a qualified buyer.

13 (3) The seller of any mobile home shall be required to deliver to the

14 buyer all disclosure material received by the seller or from the 'park

15 developer prior to the closing of any such sale.

16 (4) The purchaser of the mobile home who becomes a tenant of the mobile

17 home park owner in accordance with this section assumes the remainder of the

18 term of any rental agreement then in effect between the mobile home park owner

19 and the seller.

20 720.105 Homeowners' ~ssociations.---In order to exercise the rights

21 provided in Section 720.106, the mobile home owners shall form a corporation

22 in compliance with this section and section 720.105, which shall be a

23 corporation in which writteDconsent to be shareholders or members has been

24 given in writing shall have at least two-thirds of the mobile home owners.

25 Upon such two-thirds consent. all mobile home owners shall be members of the

26 corporation and shall be bound by,the provisions of the Articles of

1 Inco~po~ation, the Bylaws of the Co~poration, and such ~estrictions as may be

2 properly promulgated pursuant thereto. The members of the association shall

3 have no members or shareholders who are not bona fide owners of the mobile

4 home located in the park:. The articles of incorporation of such homeowners'

5 association shall p~ovide for the following:

6 (1) The articles of incorporation shall provide that the .ssociation has

7 the power to negotiate for. acqui~e, and operate the mobile home park on

8 behalf of the residents. The articles of incorporation shall further provide

9 for the conversion of the mobile home park once acquired to a cooperative form

10 or other type of ownership. Upon acquisition of the property, the association

11 shall be the entity which c~eates pa~cels fo~ sale or lease in the ordinary

12 course of business, o~ the entity that owns the record inte~est in the

13 p~operty and that is responsible for the operation of the property.

14 (2) The association may cont~act, sue. or be sued with respect to the

15 exe~cise o~ nonexe~cise of its powers. For these purposes the powers of the

16 association include, but are not limited to. the maintenance, management, and

17 operation of the park: property. The association may institute, maintain,

18 settle. or appeal actions or hearings in its name on behalf of all home owners

19 concerning matters of common interest. including but not limited to. the

20 common property; structural components of a building or othe~ improvements;

21 mechanical. electrical. and plumbing elements serving the pa~k prope~ty; and

22 protests of ad valorem taxes on commonly used facilities. If the association

23 has the authority to maintain a class action. the association may be joined in

26 an action as representative of that class with reference to litigation and

25 disputes involving the matters for which the association could b~ing a class.

26 action. Nothing herein limits any statutory or common law right of any

1 individual home owner or class of home owners to bring any action which may

2 otherwise be available.

3 (3) The powe~s and duties of the association include those set forth in

4 this section and those set forth in the articles of incorporation and bylaws,

5 and any recorded declarations Or restrictions encumbering the park property,

6 if not inconsistent with this chapter.

7 (4) The association has the power to make and collect assessments and to

8 lease, maintain, repair, and replace the common areas.

9 (5) The association shall maintain accounting records in the county where

to the property is located, according to good accounting practices. The records

11 shall be open to inspection by association members or their authorized

12 representatives at reasonable times, and written summaries of such records

13 shall be supplied at least annually to such members or their authorized

14 representatives. Failure of the association to permit inspection of the

15 association's accounting records by members or their authorized representative

16 entitles any person prevailing in an enforcement action to recover reasonable

17 attorney's fees from the person in control of the books and records who,

18 directly or indirectly, knowingly denies access to the books and records for

19 inspection. The records shall include, but shall not be limited to:

20 (a) A record of all receipts and expenditures.

21 (b) An account for each member, designating the name and current mailing

22 address of the member, the amount of each assessment, the-dates and amounts in

23 which the assessments come due, the amount paid upon the account and the

24 balance due. -

25 (6) The association has the power to purchase lots in the park and to

26 acquire and hold. lease, mortgage, 'and convey them.

, .

1 (7) The association shall use its best efforts to obtain and maintain

2 adequate insurance to protect the association and the park prope~ty. A copy

l of each pollcy of insurance in effect shall be made available for inspection

4 by owners at reasonable times.

5 (8) The association has the authority. without the joinder of any home

6 owners, to modify. or move, or create any easement for ingress or egress or

1 for the purposes of utilities if the easement constitutes part of or crosses

8 the park Property. This subsection does not authorize the association to

9 modify or move any easement created in whole or in part for the use or benefit

10 of anyone other than the members, without their consent or approval as

11 required by law or the instrument creating the easement. Nothing in this

12 subsection affects the rights of ingress or egress of any member of the

13 association.

14

15 Section 2. Section 720.106, Florida statutes is created to read:

16 120.106 Bylaws of the homeowners' association.--In order to exercise the

17 right provided in section 120.107. the bylaws of the mobile home association

18 shall provide for the following:

19 (1) The administration of the association and the operation shall be

20 governed by the bylaws.

21 (2) The bylaws shall provide for the following, and if they do not, shall

22 be deemed to include the following provisions:

23 (a) The form of administration of the association shall be described,

24 providing for the titles of the officers and for a board of administration and

25 specifying the powers, duties, manner of selection and removal, and

26 compensation, if any. of offIcers and board members. Unless otherwise

... ,

1 provided in the bylaws. the boa~dof administration shall be composed of five

2 members. The board of administration shall have a president. secretary, and

l treasurer. who shall perform the duties of those offices customarily performed

4 by officers of corporations, and these officers shall serve without

5 compensation and at the pleasure of the board of administration. The board of

6 administration may appoint and designate other officers and grant them those

1 duties it deems appropriate.

8 (b) A majority of the members shall constitute a quorum. Decisions shall

9 be made by a majority of members represented at a meeting at which a quorum is

10 present. In addition, provision shall be made in the bylaws for definition

11 and use of proxy. Any proxy given shall be effective only for the specific

12 meeting for which originally given and lawfully adjourned meetings therof. In

13 no event shall any proxy be valid for a period longer than 90 days after the

14 date of the first meeting for which it was given. Every proxy shall be

15 revocable at any time at the pleasure of the member executing it.

16 (c) Meetings of the board of administration shall be open to all members,

11 and notice of meetings shall be posted in a conspicuous place upon the park

18 property at least 48 hours in advance, except in an emergency. Notice of any

19 meetings in which assessments against members are to be considered for any

20 reason shall specifically contain a statement that assessments will be

21 considered and the nature of such assessments.

22 (d) Kembers shall meet at least once each calendar year, and the meeting

23 shall be the annual meeting. All memb.ers of the board of administration shall

24 be elected at the annual meeting unless the bylaws provide for staggered

2S election terms or for their election at another meeting. The bylaws shall not

26 restrict any member desiring to bea candidate for board membership from being

1 nominated from the floor. The bylaws shall provide the method for calling the

2 members to meetings, including annual meetings. The method shall provide at'

3 leat 14 days' written notice to each member in advance of the meetings and

4 require a posting in a conspicuous place on the park property of a notice of

S the meeting at least 14 days prior to the meeting. Unless a member waives in

6 writing the right to receive notice of the annual meeting by certified mail,

7 the notice of the annual meeting shall be sent by certified mail to each

8 member, and the mailing constitutes notice. These meeting requirements do no·t

9 prevent members from waiving notice of meetings or from acting by written

10 agreement without meetings, if allowed by the bylaws.

11 (e) Minutes of all meetings of members and of the board of administration

12 shall be kept in a businesslike manner and thus be available for inspection by

13 members, or their authorized representatives, and board members at reasonable

14' times. The association shall retain these minutes for a period of not less

IS than 7 years.

16 (f) The share or percentage of, and manner of sharing, expenses for each

17 member shall be stated.

18 (g) -The board of administration shall mail a meeting notice and copies of

19 the proposed annual budget of expenses to the members not less than 30 days

20 prior to the meeting at which the budget will be considered. If the bylaws

21 provide that the budget may be adopted by the board of administration, the

22 members shall be given written notice of the time and place at'which the

23 meeting of thg board of administration to consider the budget will be held.

24 The meeting shall be open to the members.

25 (h) The board of administration may. in any event. propose a budget to

26 the members at a meeting of the members, or by writing, and if the budget or

.. , ;;..)

1 proposed budget is approved by the members at the meeting or by a majority of

2 their whole number in writing. that budget shall not thereafter be examined by

3 the members nor shall the board of administration be recalled under the terms

4 of this section.

5 (i) The manner of collecting from the members their share of expenses for

6 maintenance of the park property shall be stated. Assessments shall be made

7 against members not less frequently than quarterly. in amounts no less than

8 are required to provide funds in advance for payments of all the anticipated

9 current operating expenses, and for all the unpaid expense previously incurred.

10 (j) The method by which the bylaws may be amended consistent with the

11 provisions of this part shall be stated. If the bylaws fail to provide a

12 method of amendment. the bylaws may be amended if the amendment is approved by

13 not less tha~ two-thirds of the members. No bylaw shall be revised or amended

14 by reference to its title or number only;

15 (k) The officers and directors of the association have a fiduciary

16 relationship to the members.

17 (l) Any member of the board of administration may be recalled and removed

18 from office with or without cause by the vote or agreement in writing by a

19 majority of all members. A special meeting of the members to recall a members

20 or members of the board of administration may be called by 10 percent of the

21 members giving notice of the meeting as required for a meeting of members. and

22 the notice shall state the purpose of the meeting.

23 (3) The bylaws may provide the following:

24 (a) A method of adopting and of amending administrative rules and

25 regulations governing the detaiis of the operation and use of the park

26 property.

1 (b) Restrictions on. and requirements respecting, the use and maintenance

2 of mobile homes located within the park. and the use of the park property. not

3 inconsistent with the articles of incorporation.

(c) Other provisions not inconsistent with this chapter or with other

5 documents governing the park property or mobile homes located therein,

6 (4) No amendment may change the proportion or percentage by which members

7 share in the expenses as initially established unless the members approve the

8 amendment.

9

10 Section 3 Section 720.107, Florida Statutes, is created to read:

11 720.107 Sale of mobile home parks.--

12 (1) If a mobile home park owner offers a mobile home park for sale,

13 receives an offer from a third party for the purchase of the mobile home park,

14 or if the mobile -home park owner proposes a change in land use, he shall

15 notify the home owners of the mobile home park of his offer, stating the price

16 and the terms and the condition of sale. The tenants by and through the

17 association defined in s. 720.105 shall have the right to purchase the park,

18 provided that the home owners shall meet the price and terms and conditions of

19 the mobile home park owner by executing a contract with the park owner within

20 45 days, unless agreed to otherwise, from the date of mail ingof the notice,

21 and provided they have complied with ss. 720.105 and 720.106. If a contract

22 between the park owner and the association is not executed within such 45 day

23 period. then unless the park owner shall thereafter elect to offer the park at

24 a price lower than specified in the park owner's notice to the home owners.

25 the park owner shall have no further obligations under this. subsection. and

26 the only obligation of the park owner shall be as set forth in subsection

1 (2). If the park owner shall thereafter elect to offer the park at a price

2 lower than the pC'ice specified in the park owner's notice to the hoz:ne owners,

3 the home owners, by and through the association, shall have an additional 10

4 days to meet. the price and terms and conditions of the park owner by executing

5 a contC'act. As used in this subsection, the term offer means any solicitation

6 by the park owneC' to the general public.

7 (2) If a mobile home park owner recei'ves a bona fide o'ffer to purchase

8 the park that he intends to consider or make a counter offer to, he shall

9 notify the home owners that he has received an offer and disclose the price

10 and matedal terms and conditions upon which he would consider selling the

11 park and consider any offer made by the home owners, provided the home owners

12 shall have complied with ss. 720.105 and 720.106. The park owner shall be

13 under an obligation to sell to the home owners the mobile home park within the.

14 time and in the manner provided in the bona fide offer to purchase, provided

15 that the association executes a valid contract for sale of the park within 5

16 days of notification, otherwise, the park owner shall be free at any time to

17 execute a contract for sale of the park to a party or parties other than the

18 home owners association ..

19 (3) As used in subsections (1) and (2). Itnotify" means the placing of a

20 notice in the U.S. mail addressed to the home owner's last known mailing

21 address. Each notice shall be deemed to have been given upon the deposit

22 thereof in the U.S. mail.

23 (4) A park owner may. at any time, record in the official records of the

24 county where a mobile home park is situated an affidavit .in which the park

25 owner shall certify!

. 26

1 (a) That, with reference to an offer by the owner for the sale of such

2 park, the owner has complied with the provisions of sUbection (1) hereof;

3 (b) That, with reference to an offer received by the park owner for the

4 purchase of a park, or with reference to a counter offer which the park owner

5 intends to ma~e, or has made, for the sale of such park, the park owner has

6 complied with the provisions of SUbsection (2) hereof;

7 (c) That, notwithstanding the park owner's compliance with the provisions

8 of either subsection (1) or subsection (2) hereof, no contract has been

9 executed for the sale of such park between the park owner and the association;

10 (d) That the provisions of subsections (1) and (2) are inapplicable to a

11 particular sale or transfer of such park by the park owner, and compliance

12 with such SUbsections is not required; or

13 (e) That a particular sale or transfer of such park is exempted from the

14 provisions of this section.

15

16 Any party acquiring an interest in a mobile home park, and any and all title

17 insurance companies and attorney preparing, furnishing or examining and

18 evidence of title, ~hall have the absolute right to rely on the truth and

19 accuracy of all statements appearing in such affidavit, and shall be under no

20 obligation to inquire further as to any matter or fact relating to the park

21 owner's compliance with the provisions of this section. It is the purpose and

22 intention of this subsection

23 (4) to preserve the marketability of title to mobile home parks, and

24 accordingly. the provisions hereof shall be liberally construed in o~der that

25 the purchasers and encumbrances may rely of the record title to mobile home

26 parks.

1 (5) This section shall not apply to any of the following sales or

2 transfers:

Ca} A~y sale or transfer to a person included within the table of descent

4 and distribution were the park owner to die intestate;

5 (b) Any transfer by gift. devise or operation of law;

6 (c) Any transfer for value by a corporation to an "affiliate" (for this

7 purpose, an "affiliate" shall mean any shareholder of the transferring

8 corporation, any corporation or entity owner or controlled. directly or

9 indirectly. by the transferring corporation, or any other corporation or

10. entity owner or controlled. directly or indirectly. by any shareholder of the

11 transferring corporation);

12 (d) Any transfer for value by a partnership to any of its partners,

13 (e) Any conveyance of an interest in a mobile home park incidental to the

14 financing of such mobile home park;

15 (f) Any conveyance resulting from the foreclosure of a mortgage , deed of

16 trust or other instrument encumbering a mobile home park, or any deed given in

11 lieu of such foreclosure;

18 (g) Any sale or transfer between or among joint tenants or tenants-in-

19 common owning a mobile home park; or

20 (h) Any exchange· of a mob!le home park for other real property. whether or

21 not such exchange shall also involve the payment of cash or other boot

22 provided the mobile home park owner intends to retain the property acquired in

23 the exchange and does not place the exchanged property immediately on the

24 market for resale.

25 (6) This section shall not apply to the purchase of a mobile home park by .

26 a governmental entity under its powers of eminent domain.

1 (7) In the event that the association acquires the mobile home park and

2 intends to reconvey a portion or portions of the proper~y acquired ~o members

3 of the association, the association shall record copies or its articles,

4 bylaws. and any additional covenants. restrictions. or declarations or

5 servitude affecting the property with the clerk of the circuit court prior to .

6 the conveyance of any por~ion of the property to an individual member of the

7 association.

8 720.110 Park owner's access to mobile home and mobile home lot.-- The

9 mobile home park owner shall have no right of access to a mobile home unless

10 ~he mobile home owner's prior written consent has been obtained or to prevent

11 imminent danger to the occupant of the mobile home. Such consent may be

12 revoked in writing by the mobile home owner at any time. The park owner

13 shall. however. have the right of entry onto the lot for purposes of repair

14 and replacement or utilities and protection of the mobile home park at ~t L

15 reasonable times, but not in such manner or at such time as to intc::-f.:>r ..

16 . unreasonably with the mobile home owner's quiet enjoyment of said lot.

17 720.111 Kobile home owner's and mobile home park: owner's obligation.--·

18 (1) The mobile home owner shall at all times:

19 (a) Comply with all obligations imposed on mobile home ownewrs by

2Q applicable provision of building, housing and health codes.

21 (b) Keep the mobile home lot which he occupies clean and sanitary .

. 22 (c) Comply with properly promulgated and reasonable park: rules and

23 regUlations and require other persons to comply therewith on the premises with

24 the mobile home owner's consent to conduct themselves in a manner that does

25 not unreasonably disturb his neighbors or constitutes a breach of the peace.

26 (2) The mobile home park owner shall at all times:

.. "

1 (a) Comply with the requirements of applicable building, housing and

2 health codes.

3 (b) Maintain buildings and improvements in common areas in a good state

4 or repair and mainte':lance and maintain the conunon areas in a good state of

5 appearance, safety and cleanliness.

6 (c) Provide access to the common areas, including buildings and

7 improvements thereto, at all reasonable times for the benefit of the park

8 residents and their guests.

9 (d) Maintain utility connections and systems in reasonably usable

10 condition.

11 (e) Comply with properly promulgated and reasonable park rules and-

12 regulations and requ i re other persons on the premi ses wi th the park owners

13 consent to comply therewith and conduct themselves in a manner that does not

14 unreasonably disturb the park residents or constitute a breach of peace.

15 (3) The park owner or any mobile home owner may seek enforcement of any

16 properly promulgated rule by filing a complaint with the division. The

17 prevailing party in such enforcement actuon shall be entitled to recover costs

18 including a reasonable attorney's fee.

19 720.112 Governmental action affecting removal of mobile home owners.--

20 No agency of any municipal, local, county or stategovernm~nt shall

21 approve any application for rezoning, or take any other official action, which

22 would result in the removal or relocation of mobile home owners residing in a

23 mobile home park without first determining that within a reasonable distance

24 comparable mobile home parks or other suitable facilities exist for the

25 relocation of the mobile home oWners or when said action is opposed by the

26 mobile home park owner.

· .

1 720.113 Retaliatory conduct.--,

2 (1) It shall be unlawful for a mobile home park owner to dlscriminatorlly

3 increase a mobile home owner's rent or decrease a mobile home owner's

4 services. or to bring or threaten to bring an action for possession or other

5 civil action. one of the reasons being because the mobile home park owner is

6 retailating against the mobile home owner. In order for the mobile home owner

7 to raise the defense of retaliatory conduct, the mobile home owner must have

8 acted in good faith. Examples of conduct for which the mobile home park owner

9 may not so retalIate include, but are not limited to, situations where:

10 (a) The mobile home owner has complained to a governmental agency charged

11 with responsibility for enfo~cement of a building, housing or health code, of

12 a suspected violation applicable to the premises;

13 (b) The mobile home owner has organized, encouraged,or participated in a

14 mobile home owners' organization; or

15 (c) The mobile home owner has complained to the mobile home park owner for

16 failure of the park owner to comply with the provisions of s. 720.111(2) or

17 any other provision of this act.

18 (d) The mobile home owner has threatened, contemplated or filed a

19 complaint with the division.

20 (e) The mobile home owner has organized, encouraged, or participated in

21 and has. or is an officer in a state-wide or county mobile home organization.

22 (2) Evidence of retailatory conduct may be raised by the mobile home

23 owner as a defense in any action brought against him for possession. In any.

24 event, this section shall not apply if the mobile home park owner proves that

25 the eviction is for good cause. Examples of good cause include, but are not

26 limited to, good faith actions for 'nonpayment of rent, violation of the rental

-..;., ....

1 agreement or reasonable rules and regulations or violation of the terms of

2 this chapter.

~ (3) "Discrimination" under this section shall mean that a mobile home

4 owner is being treated differently as to rent charged, services rendered, or

5 the action being taken by the mobile home owner, which shall be a prerequisite

6 to a finding of retaliatory conduct.

. 7

8 section 4. Sections 720.201, 720.202, 720.210, 720.211, 720.212, 720.213,

9 720.220, 720.230 are created to read:

10 720.201 Mobile home lease--

lt (1) The mobile home park owner shall offer the mobile home owner a

12 ~itten lease as herein provided, prior to occupancy. If a tenancy is not

13 covered by a valid written lease, the required statuatory provisions shall be

14 deemed to be. a part of such rental agreement.

15 (2) The lease so offered by any mobile home park owner must be a bona

16 fide offer to lease for a specified term upon the same terms and conditions as

17 leases offered to all other mobile home owners in the p~rk at the same time

18 excepting only rent variations based upon lot location and size.

19 (3) No lease shall be offerd for a term of less than three (3) years and,

20 if there is no written lease, no rental term shall be less than five (5) years

21 from the date of initial occupancy_

22 (4) The lease shall contain the amount of the rent, installation charges,

23 fees, assessments and other financial obligations of the mobile home owner.

24 (5) If there is no written lease, then no fees or charges, except those

25 set forth in the prospectus, shall be charged by the park owner during the

26 tenancy.

1 (6) If a mobile home owner has deposited or advance money on a rental

2 agreement, which is held in excess of 3 months by the mobile home park owner

3 or his agent, such advance shall be handled pursuant to s. 83.49.

(7) No lease shall contain any rules or regulations prohibited by this

5 chapter nor shall it provide for promulgation or amendment of any rules or

6 regulation inconsistent with this chapter.

1

8

(8) No mobile home owner may be' evicted by refusing to sign a lease.

720.202 Written mobile home park leases; content with respect to

9 zoning.--

10 (1) Each written mobile home lease shall contain a notice to the tenant

11 of the nature and type of zoning under which the mobile home park operates;

12 the name of the zoning authority which has jurisdiction over the land

13 comprising the mobile home park; and a detailed description. containing all

14 information available to the mobile home park owner, including the time.

15 manner, and nature thereof, of any definite future plans which the mobile home

16 park owner has for future changes in the use of the land comprising the mobile

17 home park or of a portion thereof.

18 (2) J~ach mobile home park owner who, enters into any mobile home lease

19 which is not consummated by a written lease shall comply with the requirements

20 of subsection (1) by providing to the mobile home tenant, in writing, the

, 21 information required by subsection (1) at the time of entering into the lease

22 agreement.

23 (3) Each mobile home park owner shall notify every owner of a mobile home

24 within the mobile home park in writing of any application for a change in

25 zoning of the park within 2 days of the filing for each zoning change with the

26 zoning authority.

1 120.210 Prohibited or unenforceable provisions in mobile home lot rental

2 agreements.--

(1) A mobile home lot rental agreement may provide a specific duration

,4 with regard to the amount of rental payments and other conditions of the

5 tenancy, but the rental agreement shall neither provide for, nor be construed

6 to provide for, the termination of any rental agreement, except as othe~ise

7 provided in this chapter.

8 (2) Any provision in the rental agreement is void and unenforceable to

9 the extent that it attempts to waive or preclude the rights, remedies, or

10 requirements set forth in this chapter or those arising under law.

11 120.211 Attorney's fees.-- If a mobile home lot rental' agreement

12 contains a provision allowing attorney's fees to the mobile home park owner,

13 the court and division shall also allow reasonable attorney's fees to the

14 mobile home owner whenever the mobile home owner prevails in any action by or

15 against him. In any proceedings to enforce provisions of this Chapter, the

16 prevailing party is entitled to a reasonable attorney·s fee, which shall be

17 the amount charged by the attorney for the prevailing party unless the charge

18 is found to be unreasonable.

19 720.212 Unreasonable lot rental agreements.--

20 (1) If the division finds a mobile home lot rental agreement. or any

21 provision of the lot rental agreement, to be unreasonable. the Division may:

22 (a) Refuse to enforce the rental agreement;

23 (b) Enforce the remainder of the rental agreement without the

24 unreasonable provision;

25 (c) So limit the application of any unreasonable provision as to avoid

26 inconsistent result;

1 (d) Decla~e such ~ental ag~eement o~ p~ovision the~eof to be

2 unenforceable and to levy fines in acco~dance with s 720.401, and fo~ any

3 attempt to enforce any rental ag~eement o~ p~ovision the~eof determined by the

4 Division to be un~easonable and to be unenforceable.

5 (2) When it is claimed or appears to the Division that the rental

6 agreement, o~ any provision thereof, may be unreasonable, the parties shall be

7 afforded a reasonable opportunity to present evidence as to the meaning,

8 relationship of the parties, purpose, and other relevant factors to aid the

9 Division in -making a determination.

10 (3) Fo~ pu~poses of ~ent review, the Division shall:

11 (a) Establish groupings of mobile home parks according to characteristics

12 including hut not limited to size, county, services provided, geographical

13 differences, amenities and location.

14 (b) Establish statistical indicators to serve as measures of comparison.

15 The indicators shall include but not be limited to, operating revenue,

16 expenditures and fair return based on actual investment or fair market value

17 investment, whichever is less.

18 (c) Identify parks where prior rates of increases have exceeded

19 reasonable rate inc~eases as established by the commission.

20 (d) Obtain information necessary for the board to evaluate the

21 effectiveness of current se~vices and the mobile home pa~k's justification of

22 increased costs to continue services, improve services, provide new services

23 or discontinue services.

24 (e) The Division shall establish, and the~eafter ~eview annually, the

25 crite~ia from which mobile home park lot rental increases may be exempt from

26 Division review.

- ?c:, .

1 (f) During the Division's review of rental increases the mobile home

2. park's existing rents shall remain in effect.

3 720.213 Unconscionable lot rental agreements.

(1) If the court. as a matter of law finds the mobile home lot rental

5 agreement, or any provision of the rental agreement, to have been

6 unconscionable at the time it was made. the court may:

1 (a) Refuse to enforce the rental agreement.

8 (b) Enforce the remainder of the rental agreement without the

9 unconscionable provision.

10 (c) So limit application of any unconscionable provision as to avaoid any

11 unconscionable result.

12 (2) When it is claimed or appears to the Court that the rental agre.ement,

13 or any provision thereof, may be unconscionable, the parties shall be afforded

14 a reasonable opportunity to present evidence as to meaning,relationship of

15 the parties, purpose, and other relevant factors to aid the court in mating

16 the determination.

17 720.220. Rules and Regulations. --

18 (1) A copy of all rules and regulations shall be delivered by the park

19 owner or operator to the mobile home owner prior to his signing the lease or

20 entering into a rental agreement. A copy of the rules and regulations shall

21 also be posted in the recreation hall, if any, or some other conspicuous place

22 in the park. No properly promulgated rule or regulation may be arbitrarily

23 applied and used as a ground for eviction.

2. (2) Only such park rules or regulations as are properly promulgated, not

25 unreasonable and specifically incorporated by reference in the written leases

26 shall be enforceable.

1 (3) After a mobile home park is occupied by two or more mobile home

2 owners, the park rules and regulations may be changed only after a majodty of

3 mobile home owners have approved such amendment or change. Provided however,

4 that restrictions required by governm~ntal entities are required to protect

5 the health, safety and welfare of mobile home owners may be. promulgated by the

6 mobile home park owner without further approval by the mobile home owners.

7 (4) Only such rules and regulations as are clear, unambiguous and

8 reasonable shall be enforceable.

9 (5) No rule or regulation shall provide for payment of any fee, fine,

10 assessment, or charge unless such rule or regulation shall be approved by a

11 majority of the mobile home owners, nor shall any rule or regulation requiring

12 installation of any improvements, temporary or permanent, unless approved by a

13 majority or the mobile home owners. except as otherwise set forth in the

14 prospectus as originally riled with the division.

15 (6) No rule or regulation establishing a mobile home park as an adult

16 mobile home park shall be changed to permit a family mobile home park unless

17 two-thirds of the mobile home owners shall have consented to such change.

18 (7) No rule or regulation establishing a mobile home park as a family

19 mobile home park shall be changed to permit an adult mobile home park unless

20 two-thirds or the mobile home owners shall have consented to such change.

21 720.230 Mobile Home Parks; eviction. grounds, proceedings.--

22 (1) A mobile home park owner or developer may not evict a mobile home or

23 a mobile home owner other than ror the following reasons:

24

2S

(a) Nonpayment of rent.

(b) conviction of, a violat'ion or some federal or state law or local

26 ordinance, which violation may be deemed detrimental to the health. safety. or

1 welfare of other dwellers in the mobile home par~.

2 (c) 1. A first violation of any properly promulgated and reasonable rule

3 or re&ulation which is found by the division, or any court having jurisdiction

4 thereof, to have been an act which endangered the life, health, safety, or

5 property of the mobile home park or its occupants, or

6 2. For the second violation of the same properly promulgated and

7 reasonable rule or regulation within 12 months, provided the mobile home park

8 owner has given the mobile home owner written notice within 30 days of the

9 ,first violation specifying the actions of the mobile home owner causing the

10 violation. The mobile home owner must receive written notice of the grounds

11 upon which he is to be evicted at least 30 days prior to the date on which he

12 is required to vacate. A second violation of a properly promulgated and

13 reasonable rule or regulation, not arbitrarily applied, within 12 months of

14 the first violation shall unequivocally be a ground for eviction, and it shall

15 not be ,a defense to any eviction proceeding that a rule violation has been

16 cured after the second violation. Violation of a rule or regulation after the

17 passage of one year from the first violation of the same rule or regUlation

18 shall not constitute a ground for eviction under this section.

19 (d) Change in use of land comprising the mobile home park or a portion

20 thereof on which a mobile home to be evicted is located from mobile home lot

21 rentals to some other use, provided all tenants affected are given at least 6

22 months or longer if provided for in a valid lease, of the projected change of

23 use and of their need to seCUre other accommodations. Within six months of

24 such notice, the mobile home park owner shall pay to the mobile, home owner the

2S actual cost of relocating the mo'bile home wi th the same appurtenances in a

26 comparable mobile home park within a reasonable distance from the park fo~

1 which the mobile home is being evicted. In the event the mobile home cannot

2 be ~elocated. the mobile home pa~k owne~ shall pay to the mobile home owner,

3 as ~equl~ed he~eln below, the actual fair market value of the mobile home

4 determined as of 60 days prior to the date such mobile home owner is in

5 receipt of the notice required hereunder; provided however, that the

6 unfavorable aspects of the decision to change the use of said mobile home park

. 7 shall have no negative effect on the valuation to be placed upon each mobile

8 home involved.

9 1. If the mobile home is a single-wide mobile home, constructed in 1976

10 o~ later, and the mobile home is less that 30 years old, the mobile home park

11 owner shall pay to the mobile home owner the actual fair market value of the

12 mobile home and all appurtenances thereto.

13 2. If the mobile home is a double-wide mobile home, constructed in

14 197600r later, and the mobile home is less than 39 years old, that mobile home

15 park owner shall pay to the mobile home owner the actula fair market value of

16 the mobile home and all appurtenances thereto.

17 3 If the mobile home was constructed prior to 1976, and is less than 2S

18 years old, the mobile home park owner shall pay to the mobile home owner, the

19 actual fair market value of the mobile home and all appurtenances thereto.

20 (e) Upon 12 months notice without cause, provided that, upon the service

21 of such notice, the mobile home park owner notifies the mobile home owner of

22 his election to evict eithe~ the mobile home o~ the mobile home owner, or both.

23 1. In the event of an electio~ to evict both the mobile home and the

24 mobile home owner, the mobile home park owne~ shall pay to the mobile home

25 owner the actual cost of relocating the mobile home with the same

26 appurtenances in a comparable mobUe home park within a reasonable distance of

1 the park from which the mobile home is being evicted. In the event the mobile

2 home cannot be ~elocated, the provisions of paragraph 2 shall be followed. In

3 the event of an eleetion to evict solely the mobile home owner, the mobile

4 home park owner may elect to purchase the mobile home at its present actual

5 fair market value 60 days after the service of notice of eviction or may

6 follow the provisions of subparagraph 2. The election to purchase shall

7 contain as an offer the amount the mobile home park owner believes to

8 constitute the actual fair market value, less reasonable costs of sale.

9 including a reasonable sales commission, of the mobile home. The mObile home

10 owner shall the, within 10 days of receipt of the offer, notify the mobile

11 home park owner of his acceptance or rejection of the offer. If the offer is

12 rejected and the value of the mobile home cannot be agreed upon within the 60

13 day notification period, the procedure established in subparagraph 3 shall be

14 followed. If the parties agree upon a price for the sale of the mobile home,

15 the mobile home owner shall have 60 days from the execution of a contract for

16 sale to vacate the premises.

17 2. ' The mobile home owner shall, within 20 days of ser::"vice of notice of

18 eviction, place the mobile home for sale upon the open mar::"ket. The mobile

19 home shall be sold to the first qualified buyer::" meeting park r::"ules and

20 regUlations who offers a price acceptable to the mobile home owner. The

21 mobile home owner::" shall vacate the mobile home not later than the last day of

22 the 12-month period involved herein; if the mobile home owner does not

23 vacate, the park owner or operator may proceed to evict him pursuant to this

2~ section. In the event no purchaser is found for the mobile home within 12

2S months of the service of notice of eviction, the mobile home park owner shall

26 pay to the mobile home owner::" 100 percent of the actual fair::" market value of

- 10

1 the mobile home determined as of the 12th month after the eviction notice was

2 served.

3 3. Rit:.het" He mobile home park owner or the mobUe home owner may demand

4 that a determination of the actual fair market value of the mobile home or the

5 reasonableness of the relocation to another mobile home park to which the

6 mobile home is to be relocated be made by the division. Any such action shall

1 be determined within 60 days of the filing of a complaint under this section.

8 2. This section shall not preclude summary eviction proceedings, and if

9 the park operator or owner does not have one of the grounds set forth in

10 subsection (1) available, the mobile home owner may raise the same by

11 affirmative defense.

12

13 Section 5. Sections 720.301, 720.303, 720.304, and 120.305 are created to

14 read:

1S 720.30 Remedies, termination of lease agreement.

16 (1) If a mobile home owner fails to pay rent when due and if the default

17 continues for three days after delivery of a written demand by the park owner

18 for payment of the rent, the mobile home park owner may terminate the lease

19 agreement and evict the mobile home owner.

20 (2). If the provisions of s. 720.230 (1) (b), (c), or (d) are applicable,

21 the mobile home park owner shall notify the mobile home owner, in writing. of

22 the violation, noncompliance, or grounds for eviction within 7 days of the

23 date the mobile home park owner knew or should have known of its occurrence.

24 Such notice shall indicate the intention of the park owner to terminate the

25 lease agreement and shall specify the date the mobile home owner and his

26 mobile home are to vacate the mobile home lot.

1 (3). If the lease agreement is terminated and if the mobile home owner

2 does not vacate the lot, the park owner may recover possession as provided in

, (4) A mobile home park owner applying for the removal of a mobile home or

5 a mobile home owner, or both, shall file, with the division, a complaint

6 describing the lot and stating the facts that authorize the removal of the

7 mobile home and the mobile home owner. That park owner shall be entitled to

8 the summary procedure provided in s. 51.011, and the court shall advance the

9 cause on the calendar.

10 (5) The delivery of any written notice required by this section shall be

11 by certified mail, return receipt requested.

12 720.302 Remedies; removal of mobil~ home owner; process.-- In an action

13 for possession~ after entry of judgement in favor of the mobile home park

14 owner, the clerk shall issue a writ of possession to the sheriff describing

. IS the lot or premises and commanding him to put the mobile home park owner in

16 possession. The writ of possession shall not issue earlier than 30 days from

17 the date judgement is granted.

18 120.303 civil remedy; venue; court costs and attorney's fees;

19 injunction.--

20 (1) Any right or duty declared in this chapter is enforceable by the

21 division or by civil action.

22 (2) That once any action is filed with either the division or civil action

23 is taken than that particular entity shall have exclusive jurisdiction of the

24 matter.

2S (3) If either the mobile home park owner or the mobile home owner fails to

26 comply with the requirements of the mobile home lot rental agreement or other

1 provisions of this part, the aggrieved'party may recover the damages caused by

2 the noncompliance. The prevailing party is entitled to a reasonable

3 attorney'g fee which shall be the amount charged by the attorney for the

4 prevailing party unless the charge is found to be unreasonable.

5 (4) A mobile home owner or dweller may file a complaint with the sivision

6 or may bring civil action against a mobile home park owner violating the

7 provisions of this chapter. Upon adverse determination by the division or

8 court, the losing party shall be liable for damages. The division or court

9 may in its discretion award such equitable relief as it deems necessary,

10 including applying to the circuit court for an order enjoining the losing

11 party from further violations andlor may levy fine, as prescribed is s.

12 720.401 for further violation. The losing party shall be liable for costs of

13 enforcement, including a reasonable attorney's fee incurred by the prevailing

14 party.

15 (5) If any part of this act is considered by civil action, it shall be by

16 trial witb jury.

11 (6) The Oepartment of Legal Affairs shall have concurrent jurisdiction as

18 an enforcing authority if the violation occurs in, Or affects more than one.

19 judicial circuit or if the division fails to act upon a violation in a

20 reasonable period of time.

21 720.304 Remedies; defenses to action for rent or possession~ procedure.--

22 (1) In an action by the mobile home park owner for posses·sion of a mobile

23 home lot based upon nonpayment of rent or seeking to recover unpaid rent, the

24 mobile home owner may defend upon the ground of a material noncompliance with

25 any portion of this chapter or may raise any other defense, whether legal or

26 equitable, which he may have including the defense of retaliatory conduct io

1 acco~dance with s. 720.113. The defense of mate~ial noncompliance may be

2 raised by the mobile home owner only if said mobile home owne~ has, prior to

3 the due date of rent, notified the park owner in writing of his intention not

4 to pay rent based upon the park owner's noncompliance with portions of this

5 chapter, specifying in reasonable detail the provisions in default. A

6 material noncompliance with this chapter by the park owner is a complete

7 defense to an action for possession based upon nonpayment of rent, and, upon

8 hearing, the court or the jury, or the division, as the case may be, shall

9 dete~ine the amount, if any, by which the rent is to be reduced to reflect

10 the diminution in value of the lot during the period of noncompliance with any

11 po~tion of this ~hapter. After consideration of all other ~elevant issues,

12 the court or Division shall enter appropdate judgment.

13 (2) In an action by the park owner for possession of a mobile home lot,

14 if the mobile home owner interposes any defense other than payment, the mobile

15 home owner shall pay into the registry of the court or Division the accrued

16 rent. as alleged in the complaint or as dete~mined by the court or Division

17 and the rent which accrues during the pendency of the proceeding. when due.

18 The court or Division shall notify the mobile home owner of such requirement.

19 Failure of the mobile home owner to pay the rent into the registry of the

20 court or to the Division as required herein constitutes an absolute waiver of

21 the mobile home owner's defenses other than payment, and the park owner is

22 entitled to an i.mmediate default.

23 (3) When the mobile home owner has deposited funds into the registry of

24 the court or to the Division in accordance with the provision of this section

2S and the park owner is in actuai danger of loss of the premises or other

26 personal hardship resulting from the loss of rental income from the premises.

'l II

1 the park owner may apply to the court or Division for disbursement of all or

2 part of the funds or for prompt final hearing, whereupon the court shall

3 advance the cause on the calendar. The court, or Division, after preliminary

4 hearing, may award all or any portion of the funds on deposit to the park

5 owner or may proceed immediately to a final resolution of the cause.

6 section 6. Sections 720.401, 720.402, 720.403, 720.404 and 720.405,

7 Florida Statutes, are created to read:

8 720.401 Regulation by division.--The Division of Florida Land Sales,

9 Condominiums. and Mobile Homes of the Department of Business Regulation, has

10 the power and duty to enforce and ensure compliance with the provisions of

11 this chapter and rules promulgated pursuant hereto. In performing its duties,

12 the division shall have the following powers and duties:

13 (1) The division may make necessary public or private investigations

14 within or outside this state to determine whether any person has violated this

15 chapter or any rule or order hereunder, to aid in the enforcement of this

16 chapter, or to aid in the adoption of rules or forms hereunder.

17 (2) The division may require or permit any person to file a statement in

18 -writing, under qath or otherwise. as the division determines, as to the facts

19 and circumstances concerning a matter to be investigated.

20 (3) For the purpose of any investigation under this chapter, the division

21 director or any officer or employee designated by the division director may

22 administer oaths or affirmations, subpoena witnesses and compel their

23 attendance, take evidence, and require the production of any matter which is

24 relevant to the investigation, including the existence, description, nature,

2S custody. condition,- and location of any books, documents, or other tangible

26 things and the identity and location of persons having knowledge of relevant

1 facts or any other matter reas~nably calculated to lead to the discovery of

2 material evidence. Upon failure to obey a subpoena or to answer questions

3 propounded by the investigating officer and upon reasonable notice to all

4 persons affected thereby, the division may apply to the circuit court for an

5 order compelling compliance.

6 (4) The division is authorized to prepare information to assist

7 prospective home owners, purchasers, lessees, and developers of mobile home

8 parks and mobile home subdivision in assessing the rights, privileges, and

9 duties pertaining thereto.

10 (5) Notwithstanding any remedies available to mobile home owners, mobile

11 home park owners, and associations. if the division has reasonable cause to

12 believe that a violation of any provision of this chapter or a properly

13 promulgated park rule. or rule promulgated pursuant hereto has occurred, the

14 division may institute enforcement proceedings in its own name against any

15 developer. mobile home park owner. mobile home owner. or association. or their

16 assignees or agents, as follows:

17 a. The division may permit a person whose conduct or actions may be under

18 investigation to waive formal proceedings and enter into a consent proceeding

19 whereby orders. rules, or letters of censure or warning. whether formal or

20 informal, may be entered against the person.

21 b .. The division may issue an order requiring the mobile home owner.

22 mobile home park owner, or its assignee or agent. to cease and desist from the

23 unlawful practice and take such affirmative action as in the judgment of the

24 division will carry out the purposes of this chapter.

25 c. The division may bring "an action in circuit court on behalf of a class

26 . of mobile home owners, lessees, or purchasers for declaratory relief.

- 16

1 injunctive ~elief, o~ restitution.

2 d. The division may impose a civil penalty against a mobile home park

3 owner, mobile home developer, mobile home owner. mobile home deale~. mobile

4 home manufactu~er. mobile home owners association, o~ its assignee o~ agent,

5 for any violation of this chapte~. a pa~k rule o~ regulation, or a rule or

6 regulatio~ promulgated pursuant hereto. 6 ~

A penalty may be imposed on the basis

7 of each day of continuing violation. but in no event shall the penalty fo~ any

8 offense exceed $S ,000. All amounts collected shall be d.eposi ted wi th the

9 Treasu~er to the credit of the Florida Mobile Homes Trust Fund. If a violator

10 fails to pay the civil penalty. the division shall the~eupon issue an order

11 directing that such violator cease and desist from further violation until

12 such time as the civil penalty is paid or may pursue enfo~cement of the

13 penalty in a court of competent ju~isdiction. If an association fails to pay

14 the civil penalty. the division shall thereupon pursue enforcement in a court

15 of competent jurisdiction, and the order imposing the civil penalty or th~

16 cease and desist order shall not become effective until 20 days after the date

11 of such order. Any action commenced by the division shall be brought in the

18 county in which the division has its executive offices or in the county where

19 the violation occurred.

20 (6) The division is authorized to promulgate ~ules, pursuant to chapter

21 l20~ necessary to implement, enforce. and interpret this chapter.

22 (7)(a) Each mobile home park owner shall pay to the division, on ot"

23 before January 1 of each year, an annual fee in the amount of SO cents for

24 each mobile home lot within a mobile home park which he owns. If the fee is

25 not paid by June I, then the mobile home park owner shall be assessed a

26 penalty of 10 percent of the amount due. and the mobile home owner shall not

1 have standing to maintain or defend any action in the courts of Florida until

2 the amount due plus any penalty is paid.

3 (b) All fees shall be deposited in the Florida Mobile Home Trust Fund as

~ provided by ~aw.

5 (8)(a) Each mobile home shall be registered, by its owner, witb the

6 division. The registration shall be renewed annually during the applicable

7 renewal period, upon payment of the applicable fee as provided in s. 720.

8 (b) There is hereby levied and imposed an annual tax for mobile homes as

9 defined herein. which shall be paid to and collected by the division upon the

10 registration or renewal thereof of a mobile home based upon the length of the

11 mobile home. not including the drawbar and coupling mechanism, as follows:

12 1. Mobile homes not exceeding 35 feet in length: $20 flat.

13 2. Mobile homes over 35 feet in length, but not exceeding 40 feet: $25

14 flat.

IS 3. Mobile homes over 40 feet in length. but not exceeding 45 feet: $30

16 flat.

17 4. Mobile homes over 45 feet in length. but not exceeding 50 feet: $35

18 flat.

19 S. Mobile homes over 50 feet in length. but not exceeding 55 feet: $40

20 flat.

21 6. Mobile homes over 55 feet in length. but not exceeding 60 feet: $45

22 flat.

23 7. Mobile homes over 60 feet in length, but not exceeding 65 feet: $50

24 flat.

25 8. All mobile homes over 6'5 feet in length: $80 flat.

26 (c) Upon the receipt of the taxes collected on mobile homes. the division

1 shall pay the sum of $1.50 on each such license issued into the Mobile Home

2 Trust Fund, and the balance remaining shall be paid into a trust fund in the

3 State Treasury designated "License" Tax Collection Trust Fund." and the moneys

4 deposited in said trust fund shall be paid to the respective counties and

5 cities wherein such mobile home~ are located, regardless of where the mobile

6 homes license taxes are collected.

1 (d) the division shall keep records showing the total number of mobile

8 haome registered, t.he total amount of taxes collected. and the county or city

9 wherein such mobile home is located and shall f~om month to month certify to

10 the Compt~oller the amount derived from mobile home taxes in each county and

11 each city within the county. and such amount. less. the amount of $1.50

12 collected on each license, shall be paid to the counties and cities within the

13 counties wherein the mobile homes are located as follows: One-half to the

14 district school board and the remainder either to the board of county

15 commissioners, for the mobile homes which are located within the

16 unincorporated areas of the county, or to any city within such county, for the

11 mobile homes which a~e located within its corporate limits. Payment shall be

18 by warrent drawn by the Comptroller upon the treasury, which amount is hereby

19 appropriated monthly out of the License Tax Collection Trust Fund.

20 (9) The division is authorized to charge a fee for supplying a list of

21 licensed mobile home dealers and mobile home manufacturers in the amount of

22 $15 per list. Fees collected pursuant to this secion shall be deposited into

23 the Mobile Home Trust Fund.

24 (10) Records and documents of the division created in compliance with,

25 and in the implmenetation of this chapter, shall be retained by the division

26 as specified in record retention schedules established under the general

1 provision of chapter 119. Further the division is hereby authorized:

2 (a) To destroy, or otherwise dispose of, those records and documents. in

3 conformity with the approved retention schedules.

(b) To photograph. microphotograph, or reproduce on film, as authorized

5 and directed by the approved retention schedules. whereby each page will be

6 exposed in exact conformity with the original records and documents retained

7 in compliance with the provision of the section. Photographs or

8 microphotographs in the form of film or print of any records, made in

9 compliance with the provisions of this section. shall have the same force and

to effect as the originals thereof would have and shall be treeated as originals

It for the purpose of their admissability in evidence. Duly certified or

12 authenticated reporductions of such photographs or microphotographs shall be

13 admitted in evidence equally with the original photographs or microphotographs.

14 720.402 Disclosure prior to rental of a mobile home lot.

15 (1) CONTENTS OF CONTRACTS. -- Any contract or lease for the rental of a

16 mobile home lot shall contain!

17 (a) The following legend in conspicuous type: THIS AGREEMENT IS VOIDABLE

18 BY LESSEE BY DELIVERING WRITTEN NOTICE OF THE LESSEE'S INTENTION TO CANCEL

19 WITHIN 15 DAYS AFTER THE RECEIPT BY LESSEE OF ALL OF THE ITEKS REQUIRED TO BE

20 DELIVERED TO HIM BY THE KOBILE HOKE PARK OWNER UNDER SECTION 720.402, FLORIDA

21 STATUTES.

22 (b) The following caveat in conspicuous type shall be placed upon the

23 first page of the contract or lease: ORAL REPRESENTATIONS CANNOT Bg RELIED

24 UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE PARK OWNER. FOR CORRECT

25 REPRESENTATIONS, REFERENCE SHOULD BE KADE TO THIS CONTRACT AND THE DOCUMENTS

26 ~EQUIRED BY SECTION 720.402, FLORIDA STATUTES, TO BE FURNISHED BY THE PARK

1 OWNER TO A LESSEE.

2 (2) COPIES OF DOCUMENTS TO BE FURNISHED TO PROSPECTIVE LESSEE.-- Until

3 $uch time as the parle owner has furnished the document's lisl;ed below to a

4 person who has entered inl;o a contract to lease a lot. the contract may be

5 voided by the person. entitling the person to a refund of any deposit together

6 with relocation costs of his mobile home or the market value thereof from the

7 park owner. The contract or lease may be terminated by written notice from

8 the proposed lessee delivered to the park owner within 15 days after the

9 lessee receives all of the documents required by this section. The documents

to to be delivered to the prospective lessee are the prospectus or disclosure

11 statement with all exhibits.

12 720.402(3) Disclosure.-- The mobile home park owner. or a person

13 authorized to enter into a mobile home lot rental agreement on his behalf.

14 shall disclose in writing to the mobile home owner, at or before the

15 commencement of the tenancy. and, on request, to anyone having previously

16 established a tenancy, the name and address of the mobile home park owner or a

17 person authorized to receive notices and demands on his behalf. Any person so

18 authorized to receive notices and demand,s retains such authority until the

19 mobile home owner is notified otherwise. All notices of such names and

20 addresses or changes made thereto shall be delivered to the mobile home

21 owner's residence, or, if specified in writing by the mobile home owner, to

22 such sp~clfied address.

23 720.403 Prospectus or offering circular. -- Every park owner of a park

24 which contains 10 or more lots shall prepare a prospectus or offering circular

25 and file it with the Oivision of Florida Land Sales, Condominiums. and Mobile

26 Homes prior to entering into an enforceable rental contract of any lot, and

. .,

1 fu~nish a copy of the prospectus or offering circular to each prospective

2 lessee. The prospectus of offering circular must contain the following

3 info~ation:

4

5

6

7

(1) The front cover or the first page must contain only:

(a) The name of the mobile home ark.

(b) The following·statements in conspicuous type:

1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT MATTERS TO BE

8 CONSI08RED IN LRASING A MOBILE HOME LOT.

9 2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. A

10 .PROSPECT!VE LESSEE SHOULD REFER TO ALL REFERENCES, ALL EXHIBITS H8RETO, THE

11 CONTRACT DOCUMENTS, AND SALES MATERIALS.

12 3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE

13 REPRESENTATIONS OF THE PARK OWNER OR OPERATOR. REFER TO THIS PROSPECTUS

14 (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT REPRESENTATIONS.

15 (2) Summary: The next page must contain all statements required to be in

16 conspicuous type in the prospectus or offering circular.

17

18

(3) A separate index of the contents and exhibits of the prospectus.

(4) Beginning of the first page of the text (not including the summary

19 and index), a description of the mobile home park, including. but not limited

20 to, the following info~ation:

21

22

(a) Name and location of the park.

(b) The name and address of the mobile home park owner ..

23 (c) A description of the mobile home park property, including, without

24 limitation:

25 1. The number of lots in each section, size of each lot, setback

26 requirements and separation distance between mobile homes.

1 2. The maximum numbe~ of lots that will use sha~ed facilities of the

2 pa~k. If the maximum numbe~ of lots will va~y, a desc~iption of the basis fo~

3 variation.

4 (5) A desc~iptlon of the ~ecreational and other commonly used facilities

5 that will be used only by the mobile home owners, including, but not limited

6 to, the fOllowing:

7 (a) The numbe~ of buildings and each room thereof and its intended

8 purposes, location, approximate floo~ area, and capacity in numbers of people.

9 (b) Each swimming pool. as to its general location, approximate size and

10 depths, app~oximate deck size and capacity, and whether heated.

11 (c) All othe~ facilities and permanent improvements which will serve the

12 mobile home owners.

13

14

IS

(d) A general desc~iption of the items of personal property.

(e) Days and hou~s that facilities will be available for use.

(f) A statement as to.whethe~ all improvements a~e complete and if not,

16 their estimated completion date.

17 (6) The ar~angements for management of the park and maintenance and

18 operation of the park property and of other property that will serve the

19 mobile home owners and the nature of the services included.

20 (7) A description of all improvements, whether tempo~ary o~ permanent,

21 which are required to be installed by the mobile home owner as a condition of

22 his occupancy in the park.

23 (8) The manner in which utility and other services, including. but not

24 limited to, 'sewage and waste dispo'sal, cable television. water supply. and

2S storm d~ainage will be provided', and the person o~ entity furnishing them.

26 (9) An estimated operating budget for the pa~k. whethe~ paid by the park

1 owner from rentals or, in whole or in part, by the mobile home owners, shall

2 be attached as an exhibit. The estimated amounts shall be stated for a period

3 of at least 12 months. The operating budget shall contain the following

4 informat ion:

5 (a) Management fees.

6 (b) Maintenance fees.

7 (c) Rent for common facilities.

8 (d) Taxes upon the property.

9 (e) Insurance.

10 (f) Security provisions.

11 (g) Other expenses, including but not limited to:

12 1. water

13 2. sewer

14 (h) Operating capital.

15 (i) Reserves.

16 (j) Fees payable to the division.

17 (k) Rental on lots.

18 (10) An explanation of the manner in which rents will be raised including

19 but not limited to the following:.

20 (a) Notification of the mobile home owners at least 6 months in advance

of the increase.

(b) Disclosure of any rate increases which may affect lot- rental fees,

including but not limited to:

1. water rates

2.

3.

sewer rates

waste disposal

~ '.

t

1 4. maintenance costs

2 5. management costs

3 6. property taxes

7. major repairs or improvements, excluding cap~tal improvements

5 8. such economic disclosures as may be acceptable to the division.

6 (11) An explanation of the manner in which park rules and regulations

7 shall be set, changed or promulgated, including the following:

8 (a) Current pjrk rules and regulations in effect governing resideht

9 behavior, guest procedures, times for using recreational and other facilities,

10 and any other rules.

11 (b) The voting procedures pertaining to rules and regulation changes and

12 adoption of new park rules or regulations.

13 (12) A statement describing the existing zoning classification of the park

14 property and permitted uses under such classification.

15 (13) A statement of the nature and type of zoning under which the.mobile

16 home park operates, the name of the zoning authority which has jurisdiction

17 over the land comprising the mobile home park, and, if applicable, a detailed

18 description of any plans which the park owner has for future changes in the

19 use of the land comprising the mobile home park.

·20 (14) Copies of the following, to the extent they are applicable, shall be !

21 included as exhibits: . ;

22 (a) The ground lease or other underlying leases of the mobile home park.

23 (b) All contracts relating to the management and maintenance of the park.

24 (c) The lease that will be offered to prospective lessees.

25 (d) A copy of the mobile home park lot layout showing the location of the

26 recreational areas and other common areas.

•

1 (e) All covenants and restrictions and zoning which will affect the use

2 of the property and which are not contained in the foregoing.

3 (15) All filings shall be accompanied by a filing fee of $10 per lot.

4 720.404 Purchase of equipment, installation of appliances; fees, charges,

5 assessments; rules and regulations.--

6 (1) No mobHe home park owner or developer shall require a resident of

7 the mobile home park to purchase from said owner or developer underskirting,

8 equipment for tying down mobile homes, or any other equipment required by law,

9 local ordinance, or regulation of the mobile home pa~k. However, the park

10 developer or park owner may determine by rule or regulation the style or

11 quality of such equipment to be purchased by the mobile home owner from the

12 vendor of the mobile home owner"s choosing, provided the same shall have. been

13 disclosed in prospectus given by the park developer or park owner to the

14 mobile home owner.

15 (2) No mobile home park owner or developer shall charge any resident who

16 chooses to install an electric or gas appliance in his mobile home an

17 addi~ional fee solely on the basis of such installation or restrict the

18 installation, service, or maintenance of any such appliance or the making of

19 any interior improvement in such mobile home, so long as such and installation

20 or improvement is in compliance with applicable building codes and other

21 provisions of law.

22 (3) A mobile home park owner or developer shall be required to disclose

23 fully in writing all fees, charges, assessments, and rules and regulations

24 prior to a mobile home owner's assuming occupancy in the park.

25 (4)(&) A mobile home park 'owner or developer shall not charge any

26 entrance or exit fees except for those fees which are directly incurred by

•

1 said park owner or operator as a result of the placing of a mobile home upon,

2 .or removal of a mobile home from, a park site. Any such fee shall be clearly

3 identified in wrHing at the time that the rental agreement is signed or

4 otherwise concluded.

5 (b) It is unlawful for any mobile home park owner or developer or mobile

6 home dealer to make any agreement, written or oral, whereby the fees

7 authorized in this subsection shall be split betwe.en any such mobile home pac-K

8 owner or operator and any mobile home dealer. Any person who violates an~ of

9 the provisions of this subsection is guilty of a misdemeanor of the second

10 degree, punishable as provided in s. 775.082, s. 775.083, or s' 175.084.

11 (5) Failure on the part of the mobile home park owner or developer to

12 disclose fully all fees. charges, or assessments shall pc-event the park owner

13. or operator from collecting said fees, charges, or assessments, and refusal by

14 the mobile home owner to pay any undisclosed charges shall not be used by the

15 park owner or developer as a cause for eviction in any court of law.

16 (6) No person shall be required by a mobile home park owner or developer,

17 as a condition of residence in the mobile home park, to provide any

18 improvements unless ~isclosed pursuant to s. 720.402 prior to occupancy in the

19 mobile home park.

20 (7) Whenever an entrance fee is charged by a mobile home park owner or

21 developer for the entrance of a mobile home or a mobile home owner into the

22 park and such mobile home or mobile home owner leaves before 2 years have

23 passed from the date on which the fee was charged, the fee shall be prorated

24 and a portion returned as follows:

25 (a) Entrance fees shall be refunded at the rate of one twenty-fourth of

26 said fee for each month short of 2 years that a mobile home owner maintains

,.

1 his mobile home within the park.

2 (b) Entrance fees shall be refunded within 15 days after the mobile home

3 has been physically moved from the park

4

5 No new entrance fees may be charged for a move within the same park. This

6 subsection shall not apply in instances in which the mobile home owner is

7 evicted on grounds ,of nonpayment of rent, violation of a federal, state, or

8 local ordinance, or violation of a properly promulgated and reasonable park

9 rule or regulation or leaves before the expiration dat~ of his lease

10 agreement. However, the sums due to the park by the mobile home owner may be

11 offset against the balance due on the entrance fee.

12 (8) No mobile home park owner or developer who purchases electricity or

13 gas (natural~ manufactured, or similar gaseous substance) from any public

14 utility or municipally owned utility or who purchases water from a water

15 system for the purpose of supplying or reselling the electricity, gas,or

16 water to any other person to whom he leases, lets, rents, subleases, sublets,

17 or subrents the premises upon which the electricity, gas, or water is to be

18 ~sed shall charge, demand, or receive, directly or indirectly, any amount for

19 the resale of such electricity, gas or water greater than that amount charged

20 by the public utility or municipally owned utility from who the electricity or

21 gas was purchased or by- the public water system from which the water was

22 purchase; however, as concerns the distribution of water, the park operator

23 may charge for maintenance actually incurred and administrative costs. This

24 section shall not apply to a park owner or operator who is regulated pursuant

25 to chapter 367 or by a county water ordinance.

26 (9) An invitee of a mobile home park tenant shall have ingress and egress

1 to and from the tenant's site without the tena.nt 0[" invitee being required to '

2 pay a fee or any charge whatsoever. Fo[" purposes of this subsection, an

3 invitee shall be defined as a person whose stay, at the ["equest of a mobile

4 home park tenant, does not exceed 15 consecutive days, unless such person has

5 the permission of the park management; Or unless permitted by a properly

6 promulga.ted rule 0[" regulation applied by a majority of the mobile home owner

7 in the park. The spouse or children of a mobile home owner shall not be

8 considered an invitee. All guests, family 'members, or invitees are t"equired

9 to abide by properly promulgated and reasonable t"ules and regulatioris. Any

10 mobile home park rule or regulation providing for such fees or charges

11 contrary to the terms of this subsection shall be null and void.

12 720.405 Publication of false and misleading informatlon.--

13 (1) Any person who, in reasonable reliance upon any material statement or

14 information that is false 0[" misleading and published by or under authority

15 ft"om the park owner or developer in advertising and pt"omotional materials,

16 including, but not limited to, a prospectus, the items required as exhibits to

17 a prospectus, brochures, and newspaper advertising, pays anything of value

'18 toward the purchase of a mobile home or placement of a mobile home in a mobile

19 home park located in this state shall have a cause of action to rescind the

20 contract Or collect damages from the developer, park owner, and/or mobile home

21 dealer for his loss.

22 720.406 Advertising materials.--

23 (1) All advertising materials used by. for, or promoting any mobile home

24 park shall be filed with the division, by the developer, park owner, and/or

25 mobile home dealer, 10 days p["lor to use.

26 (2) "Advertising Katerials" include:

1 (a) Promotional brochures, pamphlets. advertisements. or other materials

2 to .be disseminated to the public in connection with the sale of a mobile home

3 o~ lease of a mobile horne lot.

4

5

6"

7

(b) Lodging or vacation certificates.

(c) Billboards and other signs posted on and off the premises.

(d) Transcripts of standard oral sales presentations.

(3) No advertising or oral statement made by any developer. park owner or

8 mobile horne dealer shall:

9 (a) Misrepresent a fact or create a false or misleading impression

10 regarding the mobile home or mobile horne park.

11 (b) Contain any astedsk or other reference symbol as a means of

12 contradicting or substantially changing any previously made statement. or as a

13 means of obscuring a material fact.

14 (c) Misrepresent the size. nature. extent, qualities, or characteristics

15 of the offered facilities.

16 (d) Misrepresent the nature or extent of any serious incident to the

17 mobile horne park.

18

19

20

21

22

23

24

25

26

r· . JNATE BILL 754

I

ATTACHED IS AN AME~DMENT FOR THE LOT INCREASE SECTION OF THE

PROPOSED MOBILE HOME LEGISLATION. THE INTENT OF THE AMENDMENT IS

TO ALLOW MOBILE HOME PARK OWNERS TO BE ABLE TO AUTOMATICALLY

INCREASE THEIR LOT RENT (WITHOUT REVIEW OR CHALLENGE) BY THE

INCREASE IN THE CONSUMER PRICE INDEX. IT ALSO ALLOWS THE MOBILE

HOME PARK OvlNER TO AUTOMATICALLY PASS THRU I NCREASES I N AD VALOREM

PROPERTY TAXES~ INCREASES IN VARIABLE RATE MORTGAGES, AND INCREASES

IN UNDERLYING LAND LEASES.

.' .t

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2

3

4

5

6

7

8

9

10

SENATE COMMITTEE AMENDMENT SB 754 Nb'~ __ ~~~~ __ ~~7

(reported favorably) HB

The Committee on ......... ECCA ......... recommended the following

amendment which was moved by Senator ............... and adopted: and failed:

Amendment

On page 23, between lines 13 & 14,

11 insert:

12 (7) Notwithstanding the provisions of subsections (1)-

13 (6), park owners may make annual rental increases as provided

14 in this subsection. Such rental increases may not be

15 implemented more frequently than annually. If a park owner

16 fails to implement any increase annually as authorized by this

17 subsection, such increase may not be retroactively

18 implemented. Rental increases made pursuant to this

19 subsection shall not be subject to the requirements of

20 subsections (1)-{6). Increases made pursuant to this

21 subsection shall be limited to the following:

22 (a) The December 1984 average of the Consumer Price

23 Index U.S. City Average, all i.tems (1967 equals 100)

24 prepared by the Bureau of Labor Statistics of the United

25 States Department of Labor or the United States Department of

26 Commerce, shall be the base consumer price index average or

27 "base average" for the purpose of the increases under this

28 subsection. In 1985 and in each succeeding year the park

29 owner may effect an increase in the then existing annual lot

30 rental by a percentage equal to the percentage of increase, if

31 any, that occurred in the consumer price index average based

1 SB0754-1-BD

CODING: Words in ~ ~ typ .. Or .. deletions /rom existing low; words underlined are additions.

******************************************************************* * Amendment No. taken up by committee: Adopted * * Offered by . Failed * *******************************************************************

(Amendment No. Adopted Failed

SB 754

HB

SENATE COMMITTEE AMENDMENT

1 upon the December 1985 consumer price index average as

2 compared to the base average and similar comparisons to the

3 base average and the respective consumer price index averages

4 for each December thereafter; and

5 (b) Actual increases in costs and expenses arising

6 after December 31, 1984. Such increases shall be in

7 consequence of the following:

8

9

1.

2.

Increases in ad valorem taxes.

Increases in debt service due to adjustable rate

10 mortgages or variable rate mortgages.

11 3. Rental increases in underlying land leases.

12

13

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SB0754-1-BD

CODING: Word. in ~ ~ type ore d"letions from existing low; words underlined ore additions.

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SENATE COMMITTEE AMENDMENT SB 754 No.~ ____ ~~~~ ____ ~~~


The Committee on ......... ECCA ....... , . recommended the following

amendment which was moved by Senator ...........•... and adopted: and failed:

Amendment


insert:

(7) Notwithstanding the provisions of subsections (1)-

(6), park owners may make annual rental increases as provided

in this subsection. Such rental increases may not be

implemented more frequently than annually. If a park owner

fails to implement any increase annually as authorized by this

subsection, such increase may not be retroactively

implemented. Rental increases made pursuant to this

subsection shall not be subject to the requirements of

subsections (1)-(6). Increases made pursuant to this

subsection shall. be limited to the following:

(a) The December 1984 average of the Consumer Price

Index U.S. City Average, all items (1967 equals 100)

prepared by the Bureau of Labor Statistics of the United

States Department of Labor or the United States Department of

Commerce, shall be the base cons.umer price index average or

"base average" fO.r the purpose of the increases under this

subsection. In 1985 and in each succeeding year the park

owner may effect an increase in the then existing annual lot

rental by a percentage equal to the percentage of increase, if

any, that occurred in the consumer price index average based

1 SB0754-1-BD

CODING; Words in ~ ~ typ .. or" del"tion. from ui.ting low; words underlined Ore odditions.

******************************************************************* * Amendment No. __ , taken up by committee: Adopted _ * * Offered by Failed * *******************************************************************

(Amendment No. Adopted Failed Date

SB 754

HB





4 for each December thereafter; and




8

9

1. Increases in ad valorem taxes.

2. Increases in debt service due to adjustable rate



12

13

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17

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S80754-1-8D

CODING: Words in ~ ~ type afe deletions from existing law; words underlined are additions.

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10

SENATE COMMITTEE AMENDMENT SB 754 No.~ ____ ~~~~ ____ ~~


The Committee on ......... ECCA ......... recommended the following


Amendment


11 insert:


13 (6), park owners may make annual rental increases as provided


.15 implemented more frequently than annually. If a park owner

16 fails 'to implement any increase annually as authorized by this



19 sUbsection shall not be subject to the requirements of

20 subsections (1)-(6). Increases made pursuant to this

21 sUbsection shall be limited to the following:

22

23 Index

(a) The December 1984 average of the Consumer Price

U.S. City Average, all items (1967 equals 100)


25 States Department of Labor or the' United States Department of






31 any, that occurred in the consumer"price index average based

1 SB0754-1-BD

CODING: Words in ~ ~ Iyp .. or .. deletions from existing low; words underlined ore odditions. ******************************************************************* * Amendment No. taken up by committee: Adopted * * Offered by Failed - * *******************************************************************


SB 754

HB





4 for each December thereafteri and

5 (b) Actual increase's in costs and expenses arising

6 after ,December 31, 1984. Such increases shall be in


8

9

1 .. Increases in ad valorem taxes.

2. Increases in debt service due to adjustable rate



12

13

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SB0754-1-BD

CODIHG: Words in ~ ~ type or. deletions from uisting law; word, underlined areo addilion$.

SENATE COMMITTEE AMENDMENT SB 754 No.~~~~~~ ____ -.~~


The Sommittee on ......... ECCA ......... recommended the following


1 Amendment

2

3 On page 23, between lines 13 & 14,

4

5

6

7

8

9

10

11 insert:


13 (6), park owners may make annual "rental increases as provided


15 implemented more frequently than annually. If a park owner

16 fails to implement any increase annually as authorized by this



19 subsection shall not be subject to the requirements of

20 subsections (1)-(6). Increases made pursuant to this

21 sUbsection shall be limited to the following:

22 (a) The December 1984 average of the Consumer Price

23 Index U.S. City Average, all items (1967 equals 100)


25 States Department of Labor or the United States Department of






31 any, that occurred in the consumer price index average based

1 SB0754-1-BD

CODING: Words in ~ ~ type are deletions from existing tow; wOlds underlined ore additions.

******************************************************************* * Amendment No. taken up by committee: Adopted * * Offered by Failed - * ***************************************************************~***


SB 754

HB

· . SENATE COMMITTEE AMENDMENT




,4 for each December thereafter; and




8 1. Increases in ad valorem taxes.

9 2. Increases in debt service due to adjustable rate


11

12

13

14

IS

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

3. Rental increases in underlying land leases.

2 SB0754-1-BD

CODING: Words in ~ ~ type ore deletions from existing law; words underlined are additions.

a

b

c

d

e

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AmenJmerd. fO/lm 8B ___ _

HB ___ _

,SENATE AMENDMENT 5 CAO..i en. A h. eel.

DO NOT USE FELT TIP PEN

(JOJU1l 5 -1--dCM.i.ch.)

TYPEWRITE IF POSSIBLE

Line numbers on amendment blank have no relation to line numbers on bills_

Senator, •••• , , , •• '" .••••••••••.. < •• , ., •• , ••• , • , .•••••••••••• ,It'Oved the follCMing

.arnendffient ....... , ••• , ••••••• , •• which was adopted: which failed:

Arnendrrent

\ l' . ....~.,._ On page ••••• " ....... " •••• ,,' lne.,. , .. " .......... "., Su:-:1;"",,--

••• , ,,)"'. , c.' •• ~ • , \1 I' ~{';·fI·:;;~".1" "" ~.- .... , " " ~ "'.II ... ~ " " .... Qo '" 'r ~" .. ,5 " ......... « ¥< "I 'I"" fr,.. " ,'f! .... '" 1i .......

(\ .. '# ~ ~ " ./l .. ~ ........ 't .......... 1> .. 'I' ............. '" ~ .... '" " .... " '" .. ..... ' .............. '" .. ~ .... l' .... " ......... ~ ......................... ..

If amendment is text from another blll insert:

Bill No. Draft No.

arid' insert: " - "

.... '" " ..... -,;.. ",r,.. : .... c .... " :.. '" ..... " ... '" il'. ~ ~ " ........... -; .. ';'_ ..

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1''>" ... "''' ................. IJ ... ''41>4'''.''tolt.I< .... ''' ...... ,. .. ,,'''' ... , .. -v .. ''' .. '''''',, ................ " ...... ,...'IC.~ .......... ..

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........ " .......... " .. .., ...... " ............ ''''" ............. " ....... .., .............. <> .. ., .. '!' ..... ~ •• .,.'. "' ..... ~ <) ... D .............. ".·

(Amendment No. Adopted Failed Date

81-81 (Scrart~ch:::--1"S=heet ONLY)--- --SE-r;-JATE AME--N-D-r.m-NT---

5th copy may be reTOved

Department of Business Regulation April 17, 1984

Fiscal Impact: HB 1126 lIThe. Florida. Mobile Horne Act '.'

The bill establishes the Division of Florida Land of Business Regulation. to those of the existing

regulation of mobile horne parks by the Sales and Condominiums. in the Department The required work activities are similar condominium program and are as follows:

1. Supe~vision and Administration 2. Examination of Filings 3. Complaints and Investigations 4. Information and Education 5. Legal Actions 6. Financial Reviews 7. Revenue Processing

These work activities are staffed as shown below:

1. SupervisionandAdministration The complexity and size of the program to 'regulate the estimated 5,400 mobile horne parks will require the establishment of a new bureau within the Division. The supervision and administration of the new bureau will require:

1. Bureau Chief 2. Senior Secretary

Total

2. Examination of Filings

1 position 1 position

-2-positions

Each park owner of a mobile horne park which contains 10 or more lots is required to file a prospectus or offering circular with the Division prior to entering into an enforceable rental contract for any lot. In addition, all advertising materials used by, for, or promoting any mobile horne park are required to be filed with the Division 10 days prior to use. The filings are required for both new and existing mobile horne parks and presumably would include any material changes to an existing filing. The workload in the first year would be extraordinary due to.the requirement that existing park owners must file. The staffing is based on normal workload after the initial filings.

1. Real Estate Development Specialist

1,000 filings x 5 hrs. = 5,000 manhours

2. Clerk Typist III 1,000 filings x 1.2 hrs. = 1,200 manhours

3. Real Estate Development Specialist Supervisor

3 positions

1 position

1 position

4. SecretarySpecialist For supervision and administration of examining and information sections

Total

. 3. Complaints and Investigations

1 position

6 positions

The Division. is given the duty of ensuring compliance with. the provisions of the bill. The primary work activity would be the handling of complaints of mobile home owners against the mobile home parks. The Division estimates that it will receive 750 complaints that require investigation annually.


750 investigations x 16 hours = 12,000 manhours

2. Clerk Typist III 750 investigations x 4 hours = 3,000 manhours

. 3. Real Estate Development Specialist Supervisor

4. Secretary Specialist For supervision and administration of the complaint and investigation sections.

Total

4. Information 'andEducation

6 positions

2 positions


10 positions

The Division will have a responsibility of informing and providing educational support for mobile home owners, park owners, and mobile home associations. A mobile home tlhot linen is envisioned to provide imniediate information. Educational material will be prepared and provided to interested persons and on-site training presentations will be offered. To provide this information and education service, the following staff will be needed:


2. Clerk IV 3. Clerk Typist III

Total

1 position


-3-posi tions

These positions will be assigned under the supervisor shown in the Examination of Filing section, thus, no additional supervisory staff is needed for this activity.

-2-

5. Legal Actions Under the bill the Division may bring ~n action in circuit court on behalf of a class of mobile home owners, mobile home park owners, lessees, or purchasers for declaratory relief, injunctive relief, or restitution. The Division estimates that 100 legal actions per year will be required with an average of 40 hours per case

1. Attorn~y (1 Attorney IV and 1 attorney III)

100 cases x 40 hours = .. 4 ;'000 manhours

2. Senior Secretary 100 cases x 15 hours -1,500 manhours

6. Financial Reviews

Total

2 positions

1 position

. 3 positions

The bill provides that if a majority of .the mobile home owners feels that a proposed rent increase is unacceptable, th~y m~y file with the Division asking for an investigation. The Division must compare rent levels of comparative parks in the area and other relevant facts and make a.determination on whether or not the Division believes the rental increase is justified. The Division estimates that 200 rent reviews per year will be required with each review requiring approximately 40 hours.

1. Financial Analyst 4 positions 200 reviews x 40 hours = 8,000 manhours

2. Clerk Typist III 2 positions 200 reviews x 20 hours = 4,000 manhours

Total 6 positions

7. Revenue Processing The bill provides that a filing by an existing mobile home part owner will be accompanied by a filing fee of $250, a filing by a new mobile home park will be accompanied by a filing fee of $10 per lot, and that an annual fee of $1 per occupied lot will be paid by the mobile home park on or before January 1st of each year. To review, process and maintain records for these revenues, the following staff will be required.

1. Clerk IV 1 position

The total positions required to establish the mobile home program by section is:

-3-

Supervision and Administration Examining and Information Section Complaints and Investigation Section Legal Section Financial Analyst Section

. Revenue Administration

Total

2 9

10 3 6 1

31

positions positions positions positions positions position

positions

Exhibi t "A" attached is an organizational chart for the Moblie Home Program.

ImEact on ReVehues All revenues will be deposited into a newly created Florida Mobile Home Trust Fund. Revenues will be from 3 sources: filing fees, annual fees, and fines and civil penalties. Revenues from each source are estimated as follows:

1. Filing Fees Non-recurring Initial Filing for Existing Parks

$1,350,000

5,400 x $250 Recurring New Mobi Home Park· Filings

100 x 800 (Avg. 80 lots x $10 per lot)

Recurring Changes in Filing 900 x $250

Recurring Annual Fee 5,400. x 80 (Avg. Occupied lots pe r uri it) x $1

Recurring Fines and Penalties

80,000

225,000

432,000

59,000

Total $2,146,000

There is estimated to be a total of $796,000 recurring revenues annually. Non-recur.ringrevenues of $1,350,000 for the initial filings for the existing mobile home parks will be received in the first year of the program. The bill does not specifically cover fees for amended filings ana this statement assumes that they would be $250 as shown in s. 721.403. No fee for advertis-ing filings included in the bill. Fines are estimated to be equal to fines in the condominium program.

ImEact on Expe.nditures Operating cost based upon the proposed staffing would be

as follows:

Salaries and Benefits: Salary.Rate:

position Bureau Chief Real Estate Dev. Supv. Real Estate Dev. Spec. Financial Analyst Attorney IV Attorney III Senior Secretary

-4-

FTE 1.0 2.0

10.0. 4.0 1.0 1.0 2;0

Ra:te/pos . . 21,000 17,330 15,347 16,307 28,731 26,935 10,419

Total $21,000 ·34,660 153,470

65,228 28,731 26,935 20,838

position. FTE Ra.tejPos. Total Secretary Specialist 2.0 9,438 $18,876 Clerk IV 2.0 . 9,438 18,876 Clerk Typist III 4.0 8,561 34,244 Clerk Typist III, Hollywooq. 1.0 9,834 9,834 Clerk Typist III, Tampa 1.0 8 1 999 8,999

Totals ·31.0 $441,691

Rate is requested at 10 percent above minimum. It is impossible to successfully initiate a new program hiring all positions at minimum. To secure a strong experienced staff, positions must be promotional, both within and from outside the agency. Experience with previous programs has shown that 10 percent above minimum is a realistic average for rate for a new program.

Adjusted Rate Retirement Social Security Health Life Insurance Disability Insurance

Less Lapse

Total

$485,860 53,104

. 32,553 27,931

949 11

$600,408

While some provisions of the bill. do not become effective until October 1, 1984, the DivisionIs responsibilities and the filing requirements are effective on becoming law, thus, only a 10 percent lapse is projected for the initial year. Thereafter a 2.0 percent lapse would be normal.

Total Salaries and Benefits

Other Personal Services Temporary Employees Consultant

Less

Total

60,042 .

$540,366

10,000 20,000

. 30,000

Consultant support is requested to assist· in the development of the educational and training materials. Temporary employment is requested to assist with the non-recurring workload for initial filings.

Expenses: Expenses are based on the current approved budget for the condominium program prorated in accordance with the size of staff.

-5-

Classification

Telephone Postage Other Communications Printing and Reproduction Repairs and Maintenance Travel Other Contractual Services Office Materials and Supplies Other Materials and Supplies Rental--From General Services Rental--From Private Ownership Rental--Equipment Other Current Charges/Obligations

Total

Operating Capital Outlay

. $ 43,637 ·38,201

676 59,064

2,103 79,881

2,368 38,100

171 28,443 12 / 088

7 1 758 1,941

$314,431

Operating Capital Outlay will be requir~d to provide office furniture and office equipment for the program. The cost is estimated at $1,000 for each professional position and $2,000 for each clerical position. In addition, $500 in books is required to establish a library pertaining to mobile home regulation.

Books Office Furniture Office Equipment

Data Processing Services

Total

$ 500 23,000 23,000

Data Processing Services are estimated to include the establishment of an on-line real time system similar to the system now in use in the condominium program. The cost includes both developmental and operational cost.

Non-recurring Development Cost Recurring Operating Cost

Total

Other Cost

$ 70,000 40,000

$110 / 000

The overhead cost for the Office of the Director is now split between the three operating trust funds in the Division, the Florida Land Sales Trust Fund, the Florida Condominium Trust Fund, and the Florida Real Estate Time Sharing Trust Fund. The cost distribution for the current year is:

-6-

. .

Florida Land Sales Trust Fund 25.29 percent

Florida Condominium Trust Fund 65.82 percent

'Florida Real Estate Time Sharing Trust Fund

8.89 percent

Total

$144,504

376,077

50,794

$571,375

These overhead costs include the data processing cost and uriusu~lly high insurance cost, which are expected to decline in 1984-85. With the addition of the new program, the overhead cost for each program will be reduced. On a prorata basis, this cost is estimated to be $187,105 for 1984-85.

Overhead--Office of the Director $187,105

Service charges are not specifically addressed in the bill and thus would not be assessed.

Summary of Cost for 1984-85

Category

Salaries and Benefits Other Personal Services Expenses Operating Capital Outlay' Data Processing Services Overhead

Totals

Recurring

$ 540,366 20,000

314,431 4,500

40,000 187,105

$1,106,402

-7-

$ 10,.000

42,000 70,000

$122,000

Total

$ 540,366 . 30,000

. 314,431 46,500

110,000 187,105

$1,228,402

, . Income Statement--Floridp: ~-1obile Home Trust Fund

Beginning Balance

Revenues: Filing Fees Annual Fees Fines and Penalties Earning on Investments

Totals

Expenditures Salaries and Benefits Other Personal Services Expenses Operating Capital Outlay Data Processing Service Other Expenditures

Totals

Balance

'1984...;85 $ 0

$1,655,000 432,000

59,000 0

$2,146,000

$ 540,366 30;000

. 314,431 46,500

110,000 187,105

',1985~86

'$917,598

$320,250 453,600 61,950 92,259

$928,059

$594,403 20,000

320,720 4,500

40,000 190,847

$1,228,402 $1,170,470

$ 917,598 $ 675,187

-8-

1986...;87 $675,187

$336,263 476,280

65,048 68,019

$945,610

$612,235 20,000

327,134 4,500

40,800 194,664

$1,199,333

$ 421,464

".

Assigned in Financial Analyst " - -ice of the Director

DIVISION OF FLORIDA LAND SALES AND rnNIXMINIUMS PROPOSED BUREAU OF M'JBILE HCt1ES

Assigned under General Counsel Office of the Secretary 7

.-

"Ex ". dIu" t' Seq' Crraplaintlinvesti9ftjop Section annD1ng an nvp_s. ga )ODS Jan

Clerk Typist III'

Real Estate Dev.

Education and

1-----'----11 Clerk Typist ., III

Clerk Typist III

Clerk Typies III

.~t,

""11 _",

.DATE 16 APR 84 15:23:52 RID 525 16 APR 84 S3022-JWS

.DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS *ESTIMATED 1984-85 OPERATING BUDGET - MOBILE HOME BUREAU HB 1126 * APPP , CODE ,DESCRIPTION .BUREAU-TALL •• TAMPA OFFICE.HOLLYU-OFF • . *======.======.=========================.============.============.============.============.============.============.============. * 00 000002 PERSONNEL 25 3 3

01 110000 SALARIES 01 15·1000 FICA 01 152000 RETIREMENT 01 161100 HEALTH INS. CONTR. 01 162000 LIFE INS. CONTR. 01 163000 DISABILITY INS.

*------*SUBTOT

03 121000 TEMP. EMPLOYEES 03 131300 CONSULTANTS

*------*SlJBTOT

04 221000 TELEPHONE 04 221001 CENTREX/SUNCOM 04 225000 POSTAGE 04 227000 EXPRESS/FGT. 04 230001 PRINTING 04 230099 MISC. REPRODUCTIONS 04 240001 OFFICE REPAIRS 04 240002 OFFICE EQUIP. REPAIRS 04 240003 REPAIRS OTHER EQUIPMENT 04 240006 MAINTENANCE CONTRACTS 04 261001 PER DIEM-IN ST. 04 261002 MEALS-IN ST. 04 261003 MILEAGE-IN ST. ~4 261004 INCIDENTL.-IN ST. 04 ·261005 HOTEL-IN ST. 04 261006 AIRLINE FARE-IN ST. 04 261007 RENTAL CAR-IN ST. 04 261010 REGISTR.-IN ST. 04 262001 OUT ST PER DIEM 04 262002 OUT ST MEALS 04 262003 OUT ST MILEAGE 04 262004 OUT ST INCIDENTL. 04 262005 OUT ST HOTEL 04 262006 OUT ST AIR 04 262007 OUT ST CAR 04 262010 OUT ST REGISTR. 04 291100 LEGAL ADS 04 299000 OTHER CONTR. SERV MISC 04 299002 STORAGE 04 380000 OFFICE MATERIALS & SUPL 04 399002 CAMERA SUPPLIES 04 399099 MISC. SUPPLIES 04 413000 INS - WORKMEN' COMPo 04 414000 INS - FIRE INS. 04 415000 INS - CIVIL RIGHTS 04 416000 INS - SURETY BONDS 04 431000 RENTAL BLDG. GOVERN. 04 434000 RENTAL BLDG. PVT. 04 434001 RENT CONF.

357855 23976 39114 21894

688 11

39296 2633 4295 1622

81 o

40123 2688 4385 1622

83 o

437274 29297 47794 25138

852 11

443538 47927 48901 0* '0* 0* 540366

10000 0 0 10000 20000 0 0 20000

30000 0 0 0* 0* 0* 30000

1875 .36368 36951

597 58974

98 o

559 o

507 16401 200S 2097 3286 2006

28905 6622

984 o o o o o o o o

1248 552 386

36507 o o o o o o

23633 o o

185 3334

750 26 38

386 o o o

179 7097 .

o 3889

57 o

1633 1098

o o o o o o o o o

75 19 o

925 171

o o o o o

4810 o o

1875 o

500 53 52 21 o

201 o

152 659

o 2022

56 o

1064 o o o o o o o o o o

50 38 o

668-o o o o o o o

12088 o

3'J35 39702 38201

676 59064

505 o

760 o

838 24157

2005 8008· 3399 2006

31602 7720

984 o o o o o o o o

1373· 609 386

38100 171

o o o o o

28443 12088

o

• o

. ...J

...I

J.

•

J

J

J

J

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'-

'-'

'-'

'-'

'-'

'-'

"'" ',-<,

"" '-'

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'-'

"'" '-'

~. 1> ..

~ .. - .. ..

04 04 04 04 04 04 04 04

*------*SUBTOT

442000 EOUIP. RENT - COPYING 444000 EOUIP. RENT - OFFICE 491000 PERSONNEL ASSESS 492000 SUP SCRIP 493000 DUES 49300'1 NOTARY FEES 496000 WITNESS FEES/COURT COST 499001 INTEREST EXPENSE

06 511000 BOOKS 06 512010 FURNITURE/FURNISHINGS 06 512020 OFFICE EQUIPMENT 06 5'19000 OCO-MISCELLANEOUS

*------*SUBTOT

9'1 292000 DATA PROCESSING SERV *------*SUBTOT

*GRAND-••••• END REPORT

5681 '177

'1098 227

91 0

294 0

------------268129

500 19000 19000

o

38500

110000

1350 0

126 0 0 0 0 0

------------26148

o 2000 2000

o

4000

o

110000 0

890167 78075

550 0

105 0 0 0 0 0

------------20154

o 2000 2000

o 4000

o

o

73055

7581' 177 .

1329 227

91 o 29 /t

o

314431

500 23000 23000

o

110000

110009

1041297

• o

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•

. ...)

• •

.. LAW OFFICES

MADIGAN. PARKER. GATLIN. SWEDMARK & SKELDING FORUM aUILDING. 318 NORTH MONROE STREET

TALLAHASSEE. FLORIDA

JOHN A. MA01GAN. JR.

JULIUS F. PARKER, JR. B. KENNETH vATI_IN GAYL.E SMITH SWEOMARK JACK M. SKEL.OING, JR. JOHN W. COSTIGAN ROSS A. MCVOY BEN E. GII~TMAN RONAL.O A. L.ABASKY KEITH C. TISCHL.E!'! ROBERT S. COHEN

Representative Ron Silver Chairman

February 3, 1984

Mobile Home Study Commission 2750 N.E. 187th Street North Miami Beach,' FL 33180

Dear Ron:

file

MIL.L.ARO F. CAL.OWEL.L. OF COUNSEL.

RAI..PH H. HASEN. JR. OF COUNSEL.

JUL.IUS F. PARKER· (1910·1966)

REPL.Y TO: P. O. BOX 669 TAL.L.AHASSEE, FL.32302 TEL.E: (904) 222.3730

I have reviewed draft number three of the bill put together by the staff of the Mobile Home Study Commission. The following are my comments on that draft after having given i.t a thorough review on behalf of my client, Florida Manufactured Housing Association. However, before I get to that review, I think a few comments are in order. First, this. draft of the proposal appears to be a compilation of every idea that was ever mentioned by anyone appearing before the Study Commission or by anyone connected with the Study Commission. In other words, it is not a draft containi.ng ideas and proposals that have been put to the test of debate and discussion. In addition, because the draft takes current language out of Chapter 83, F.S., and transfers it to newly created Chapter 720, F.S., without the benefit of the underlining of new language and the striking through of deleted language, it is a very difficult draft to substantively review. The format has thus caused some of the delay in my responding.

I point out my displeasure with the fact that the draft contains so many undiscussed proposals, not to indicate that we are not willing to discuss all matters that the Study Commission may wish to consider, but to help you understand that we believe it is very difficult for us to negotiate from a draft that essentially contains a "wish list" acceptable to the Federation of Mobile home Owners .. The YMHA and the two members of the Study Commission from that association are committed to a long-term solution to any problems that affect this industry. However, a problem does not become a true problem for the industry or for the tenants of mobile home parks simply because a group of tenants is willing to stand up in a public hearing and announce or proclaim that it is a problem. .

Representative Ron Silver February 3, 1984 Page 2

The primary reason that the FMHA supported the creation of the Study Commission was to remove the examination of this industry from the politics of legislative committees and work towards a factual examination of alleged problems. We still hope that this is the outcome of these deliberations and you may look forward to our continued cooperation in an effort to solve the real problems facing tr.e mobile home industry.

Pursuant to our commitment to attempt to solve the problems in the mobile home industry, we have met with the FHO in Tampa on Wednesday, January 25, 1984. At that meeting I believe that we all agreed that solving the problem of excessive rent increases is a major goal. Of course, in .order to maintain the viability of future mobile home park development, it is necessary to make sure that any solution proposed is not, in effect, rent control. We believe that the truly excessive rent increases come about from speculators paying futures prices for mobile home parks and then immediately raising the rent to recover on their investment. With this in mind, we have proposed to the FMO the concept of a formula that a regulatory agency would apply in reviewing rental increases~ This formula would prevent excessive reliance on the market value aspect of the value of mobile homes, which is apparently what is happening today. However, legitimate park operators would be protected in their ability to receive a reasonable rate of return on current appraised value.

To assist both sides in discussions leading towards the development of such a formula, and to assure that any such formula would indeed be fair to both the residents and the park owners, we have asked Dr. Alfred A. Ring, a noted expert in the areas of real estate economics and real estate appraisal, to work with us on this project. I enclose for your review an outline of his qualifications. We have a meeting scheduled with the FMO for Sunday, February 5, and Dr. Ring will be at that meeting. WLr~quest. that Dr. Ring be allowed to make a presenta:-. tion ._~1;_,t:h.~".~~~,~i~--9giIiIAf~,~,,~oii::~t!t~~_~J:-_~g--to· be -held'oriMonday'- February 6.

~,,~ .--..... ---~.- ""~'-.... -....... -.--.: _ .. __ ..... -.. .-.-.-- .... .... .. ..... -~' .... ~-'-". ,~- ..... ,. ".- ....... - -",

With the foregOing in mind, the following is my section by section commentary on draft number three of the proposed mobile home bill:

§ 720.01 - Short Title - This is the same as § 83.750, F.S., with minor changes. This section appears to be acceptable to the FMHA.

§ 720.02 - Application - This section is based on § 83.751, F.S., with some minor changes. This section appears to be acceptable to the FMHA.

§ 720.03 - Legislative Policy - This language is all new, inserted into the Florida Statutes for the first time. The

."


current wording of this language appears to be rather one-sided and does not recognize generally acceptable private property rights. It also paints an inaccurate picture of some mobile home parks. For example, there are hundreds of parks in the state where the mobile homes are readily movable with a reasonable cost, and the FMHA does not feel that the language should indicate otherwise. Additionally, the language also assumes that all tenants are in an inferior bargaining position. In reality, there may be great competition between many developing parks who have to attract new tenants. This competition often results in drastic price cuts so that those tenants are not in an inferior bargaining position. The major glaring imbalance in that language is the section that attempts to be favorable to park owners by stating that investors are entitled to a reasonable return on their investment. .The FMHA has for years repeatedly indicated that, at a minimum, park owners are entitled to a reasonable rate of return on current appraised value similiar to other at-risk real estate ventures. Accordingly, the FMHA believes this section,as currently worded, is unacceptable. Indeed, even if reworded the FMHA questions whether a statute needs a statement of legislative policy inasmuch as the policy should be apparent from the statute itself. Therefore, our position would be to strike the entire section.

§ 720.04 - Definitions - This section consists of twelve subparagraphs and is based on § 83.752, F.S., with some changes and some additions to the ideas defined. Most of the subparagraphs appear to be acceptable, except that (3), (4), (9) and (12) do not appear to be necessary in light of later comments to this draft. Subparagraph (8) is unacceptable in that it changes current law from defining a mobile home park as ten or more lots to two or more lots offered for rent. The FMHA thinks that if this bill is going to result in additional regulations on mobile home parks, that there are hundreds of parks throughout the state that because of their smaller size and nature should not be so regulated, and suggests that the number be changed from ten spaces to 100 spaces.

§ 720.05 - This appears to be the same as § 83.753, F.S., and is acceptable to the FMHA.

§ 720.101 - Right of Mobile Home Owners to Peaceably Assemble; Right to Communicate .- This provision appears to be identical to § 83.795, F.S., and if so, is acceptable to the FMBA.


§ 720.102 - Right of Mobile Home Owners to Invite Public Officers or Candidates for Public Office - This section appears to be identical to § 83.796, F.S., and if so is acceptable to the F11HA.

§ 720.103 - Mobile Home Parks; Restrictions on Disposal of Mobile Homes, Proceedings - Subparagraph (1) of this section appears to be based on (1) of § 83.765. Current law prohibits mobile home park owners from requiring the· removal of a mobile home ... "based solely on the sale thereof". This draft deletes that language and inserts language prohibiting the removal of a mobile home at the' the time of sale unless the continued existence of the mobile home in the mobile home park is so detrimental that it directly and adversely affects the resale value of other mobile homes in the park or directly and adversely affects the health, safety or welfare of .other residents of the park. This new language is too restrictive and would prevent a mobile home park owner from continually upgrading his mobile home park, and is thus unacceptable to the FMHA.

Concerning (2) of this section, current law allows the park.owner to turn down two purchasers of a mobile home in his park. This section changes current law to requiring the park owner to accept any qualified buyer. This is unacceptable to the FMHA.

Subparagraph (3) is acceptable.

Subparagraph (4) is acceptable.

Subparagraph (5) is based upon § 83.765(2) and appears to be acceptable.

§ 720.104 - Homeowners Associations - This section appears to be identical to § 83.7710, F.S., and if so is acceptable, except that it needs to be amended to make it clear that formation of the owners associat.ion is mandatory prior to the time that a park owner is required to communicate with such association.

§ 720.105 - By-laws - This section appears to be identical to § 83.7720, and if so is acceptable.

Representative Ron Silver February 3, 1984 Page S.

§ 720.106 - Sale of Mobile Home Parks - This section is based upon § 83.7730, F.S., and the majority of it is therefore acceptable. Under current law notification to tenants is only applicable where there is a sale of the mobile home park. This draft attempts to impose the same notification requirements when a park owner changes land use. This is unacceptable from both a procedural and substantive point of view. Procedurally, the problem is that a park owner may not be selling his property to anyone else at the time he proposes to make a land use change, and I d'on" t believe he can be customarily required to sell it to his tenants rather than put it to a different use. Substantively the problem is that if there was a sale in connection with the change in land use, then the law already applies and there is thus no need for the new language in the proposal.

§ 720.110 - Park Owner's Access - This appears to be identical to § 83.757 and if so we have no objection.

§ 720.111 - This section appears to be based on § 83.758 with some changes. Subparagraph (c) changes reasonable rules to "properly promulgated rules" and the FMHA has no position on that at this time.

Subparagraph (e) appears to require the park owner to comply with park rules and regulations and seems to be inconsistent and not needed. .

Subparagraph (3) needs to be discussed. It may not be wise to allow prevailing party attorney's fees in all cases.

§ 720.112 - Rezoning - This section appears to be identical to § 83.760(4), and if so is acceptable.

~ § 720.113 - Retaliatory Conduct - This section is new and is not l\ necessary in light of the other statutory changes that

are proposed to the landlord/tenant relationship.

§ 720.201 - Mobile Home Lease - This section appears to be based on § 83.760, F.S., with many changes.

Subsection (1) thereof appears to be acceptable.

Subsection (2) does not take into consideration phase developments in mobile home parks nor does it take into consideration the time that tenants enter the park, therefor this section, although identical to current law, is unacceptable.

Subsection (3) requires a lease term of three years. This matter has, never been discussed before the Study Commission and is unacceptable to the YMHA.


Subsection (4) appears to be current law and is acceptable.

Subsection (5) appears to be unnecessary.

Subsection (6) on advanced rent is new and is unnecessary to mobile home park rules.

Subsection (7) appears to be acceptable.

§ 720.202 - Zoning - This section appears to be identical to § 83.7605 and if so is acceptable.

§ 720.210 - Prohibited or Unenforceable Provisions - This section appears to be identical to current law and is probably acceptable.

§ 720.211 - Attorney's Fees - This appears to be based on § 83.756 with the addition of prevailing party attorney's fees, which needs to be discussed.

§ 720.212 - Inconsistent Lot Rental Agreements - This section is based on§ 83.754 with the removal of the word "unconscionable" and the insertion of the word "inconsistent". This section may be acceptable but needs further discussion.

§ 720.220 - Rules and Regulations -

Subsection (1) is based on current law and appears to be acceptable.

Subsection (2) is based on current law and appears to . be acceptable.

Subsection (3) is new and authorizes a change in rules and regulations only upon majority vote by the tenants, provided that restrictions required by governmental entities to protect the health, safety and welfare of mobile home owners may be promulgated without a vote of the tenants. The FMHA is committed to trying to give residents more say in the rules which affect their lives. however, as currently worded this provision is too restrictive and it would prevent the park owner from proper operation of his park.

Subsection (4) is new and states that only clear and unambiguous rules shall be enforceable. It would seem that properly promulgated rules not inconsistent with Chapter 720 should be enforcea~le.


Subsection (5) appears to prohibit the creation of any new fee, fine or assessment unless approved by a majority of the mobile home owners. This section is overly restrictive and not acceptable.

Subsections (6) and (7) relate to to a family park and vice-versa. to be more fully discussed before position.

changing an adult park This provision needs· the FMHA can take a

§ 720.230 - Mobile Home Park Evictions - This section is based on § 83.759, with certain changes. The majority of this section is acceptable with the exception of subparagraph (d) where a mobile home park owner is required to pay 100% of the value of a mobile home when there is a change in use of the land. This section is unacceptable as too costly to the mobile home park owners.

§ 720.301 - Remedies - Subsections (1), (2) and (3) appear to be based on current law and are probably acceptable.

Subsection (4) is presently inconsistent and more discussion is needed on the topic before the FMHA can take a position.

§ 720.302 - This section appears to be identical to § 83.7597, F.S., and if so it needs to be amended to allow writs of

. possession to issue 30 days from the date a complaint is filed.

§ 720.303 - Civil Remedies - This is a new section which in its current form is unacceptable. This section does not authorize a park owne>r to file against a tenant for violations of this chapter; furthermore, an administrative agency is not authorized to award damages.

§ 720.304 - Defenses - This section is based on § 83.763 which authorizes a tenant to not pay rent if the park owner is in material non-compliance with the law. This section would appear to be unnecessary in light of the new a~ministrative remedies created by other provisions of this bill. .

§. 720.401 - Subsections (1) through (6) appear to be acceptable with proper minor revisions.

Subsection (7) is unacceptable in that it attempts to punish the park owner for the failure of his residents to pay the fee.


§ 720.402 § 720.403

Subsections (8), (9) and (10) should be deleted from this draft. The B1HA does not agree that any provision regarding the rules and regulations of mobile homes, other than ,landlord/tenant matters, should be transferred to the Department of Business Regulation at this time.

- Disclosure - The concept of disclosure as advocated by Rep. Dunbar is acceptable to the FMHA. There are quite a few provisions, however, in this draft which are unacceptable and need more discussion. Specifically the FMHA objects to public testimony of financial matters.

§ 720.404 ~ This section appears to be based on § 83.764, F.S., with certain changes.

Subsection (1) appears to be current law and is acceptable.

Subsection (2) appears to be current law and appears to be acceptable.

Subsection (3) appears to be based on current law and appears to be acceptable.

Subsection (4) appears to be current law and is probably acceptable.





Subsection (9) is unacceptable.

§ 720.405 - Advertising Matters and Publication of Information -§ 720.406 Sections .405 and .406 are new and need more discussion

before the YMHA can take a position.

The remainder of the sections of the bill from page 51 forward all relate to transferring things currently covered by Chapter 320, F.S., to the Department of Business Regulation. As stated earlier, the FMHA does not believe that this is an acceptable alternative at this time.


Assuming that some equitable solution could be reached to solve the excessive rental increase problem, we agree that an agency should be created to regulate the industry. We would further agree that there should be some limited form of disclosure at the time the resident moves into a mobile home park; however, we do not believe financial disclosure should be discussed unless the agency deems that there is sufficient cause to investigate a rental increase and utilizes their subpoena power to obtain the financial data needed. Assuming that the FMHA and the FMO reach agreement on the foregoing, we would hope the' following changes would be adopted by the Study Commission:

1. "Unconscionable" will be removed from Part III of Chapter 83.

2. All disputes will first go to the agency for resolution, except that evictions for non-payment of rent will remain in the local courts.

3. We are willing to consider a statutory mandate that residents be consulted concerning changes to "lifestyle" rules and that the park owner consider residents input before making a rule change affecting lifestyle.

4. Legislative intent language be removed from the staff draft.

5. Definition of mobile home park will remain at ten or more home sites.

6. Filing Fee of $10.00 per home site for park owners is unreasqnable.

7. Should raise annual resident fee for the agency to $1.00, park owner will collect for agency, if necessary. If the park owner is to be ultimately responsible to the state for collection of the fee, he must be able to pass through losses (if residents refuse to pay) or, if he pays the fee, he be allowed an automatic pass through to the resident.

8. Delete any reference to zoning for Type I mobile homes for now.

9. Delete any reference to Chapter 320 changes.

10. In evictions for non-payment of rent, writ of possession for 30 days from date of notice rather than date of judgment.

11. Everything else remains the same as current law in Part III of Chapter 83.


We stand ready to work with. the Study- Commission and the Federation of Mobile Home Owners to try to arrive at proposals acceptable to all concerned. However, the Study Commission has spent a lot of time listening to the complaints of tenants all over the state. It is our view of these hearings that a very small percentage of the total parks in Florida are causing tenants problems and we are hopeful that the Study Commission members will spend just as much time trying to come up with solutions that are not overly burdensome to the vast majority of parks in Florida that provide housing for Florida's citizens, and do not engage in any illegal or unethical activities. It is also our view that most of- the acts complained of by tenants are already against the law and that the current enforcement procedures (county and circuit courts) are totally inadequate. Thus a change to executive branch regulation coupled with disclosure is likely to ameliorate all of the problems that have been discussed.

Jr.

JMSjr/ks

enclosure o

cc: Mr. Frank Willia~s

..

~faff nf jfTUciUil <.qnunftJ Q}nurrf nf @ttiln.9-r C!InunflJ

ORANGE COUNTY COURTHOUSE

ORLANDO. FLORIDA 32601

"JAMES C. HAUSER

JVOGE Or THE COVNTY COURT

TELEPHONE

4ao-~~3674

February 7, 1984

Ns. Teresa Brown 207 House Office Building Tallahassee, FL 32301

RE: 4th Revised Nobile Home Bill

Dear Teresa:

Thank you very much for sending me the 4th revised copy of the mobile home bill which has addressed many of my earlier concerns. I do have the follmving questions andlor suggestions:

1. Fla. Statute 720.03 - in general

It is my understanding that the legislature does want to clarify whether mobile home parks fall within the perview of the Unfair and Deceptive Trade Practice Statute (Fla. Statute 501). The problem is that the Unfair and Deceptive Trade Practice Statute does not apply to any real property and two appellate courts have split on whether-tne rental of a mobile home lot is the rental of housing services or real estate. Compare S~ate v. DeAnzia, 416 S02d l173(F1a. 4th DCA, 1982) "'lith DeA."1zia Harbor Inc. v. Horano, 433 So 69(F1a. 4th DCA, 1983). If the legislature wants the statute to apply to mobile home parks, it would need language within Florida Statute 720.03 such as:

The rental of mobile home lots is the rental of housing services, not real property.

2. Florida Statute 720.04(7)(8)

I do not understand "vhy there needs to be a distinction between a mobile home park owner and a mobile home park. From a judge's standpoint, this will only tend to create confusion when we must decide a case in which there are two(2) or more lots for rent, but less than 50% are filled. It will lead to inconsistent results since the statute may apply to a mobile home park, but not the owner of the park. See for example Fla. Stat. 720.111(3).

~1s. Teresa Brown February 7, 1984 Page 2

RE: 4th Revised Draft of Mobile Home Bill

-------------------------~-----------------------~---- -----------

3. What is the penalty if the park fails to comply with Fla. Stat. 720.101, 102 and 103? Should the prevailing party automatically be entitled to attorney's fees and a minimum statutory damage of say $500. Compare with Fla. Stat. 559.

4. Fla. Stat. 720.102(1) page 7, line 12 II ••• or enforce any rule, regulation, or lease rtovision ... ". I do not understand 1;vhy this statute shou d apply to rules and not leases.

5. Fla. Statute 720.210(3)

A section needs to be added that during the term of the lease, the rent cannot be raised. Of course, rent could be raised after the lease expires.

6. 720.212(1), p. 25 line 24

"(1) If the division or a court of lavl. .. 1!

I believe that the courts should have concurrent jurisdiction with the division to determine whether a rule is or is not enforceable.

7. 720.220(2)

It is my understanding that if no rules are given to the homeoWner prior to occupancy, that no rules may be enforced unless agreed upon by the majority of tenants. Is this correct?

8. Fla. Stat. 720.220(8)

I recently had a case where a mobile home owner constructed a fence with the approval of the prior mvner. A new owner demanded the fence be removed. I question whether capital improvements, so long as they do not constitute an eyesore, should be removable:

9. I do not understand why there needs to be any distinction between 720.230(eviction without a lease) and 720.301 (eviction with a lease). There is no need for such a distinction and under the landlord/tenant act there is no such distinction.

Hs. Teresa Brown February 7, 1984 Page 3

RE:4th Revised Hobile Home Draft

-------------------------------------------------------------------

10. Fla. Statute 720.230(1)(c) needs to be changed. The present statute give:.a home owner less protection than an apartment dweller. See Fla. Statute~56. I propose that the following language apply to both violations of rules and lease provisions.

Proposed Fla. Statute 720.203(1)(c): • If the tenant materially fails to comply with s. 720.111 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:

(a) If such noncompliance is of a nature that the tenant should not be given an opportunity to cure ·it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord's intent to terminate the rental agreement by reason thereof. Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord's .or other tenants' property by intentional act or a subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises. The notice shall be adequate if it is in substantially the following form:

You are advised that your lease is terminated effective .. immediately. You shall' have 7 days from the delivery of this letter to vacate the premises. This action is taken because (cite the noncompliance)

(b) If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, deliver a written notice to the tenant specifying the noncompliance, including a notice that, if the noncompliance is not corrected within 7 days from the date the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof. Examples of such noncompliance include, but are not limited to, activities in contravention of the lease or this act such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary. The notice shall be adequate if it is in substantially the following form:

Ms. Teresa Brown February 7, 1984 Page 4

RE: 4th Revised Draft of Mobile Home Bill

---------------------------------------------------------------

You are notifed that (cite the noncompliance) . Demand is hereby made that you remedy the noncompliance within 7 daY$ of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without your being g.iven an opportunity to cure the noncompliance.

Please note that under this statute:

1. A homeowner is given the opportunity to cure all but the most egregious violations.

2. A homem-mer may only be evicted on the second violation of a similiar rule or lease provision.

3. It applys to both leases and rules.

11. I am confused with Florida Statute 720.230(2) p. 31, lines lL~-17 and 720.301(4); lines 7-13.

If I understand the language correctly, a park owner seeking to evict a home owner without a lease may file in county court. However, a park owner seeking to evict a tenant vvith a lease must file with the division; not a county court.

Is it the intention of the legislature to give eviction authority to the division in cases involving leases?

If so, I assume that there will be a hearing officer for each county. This is obviously a Haste of time and money and I strongly urge that county courts keep jurisdiction over all eviction cases.

If the intention of 720.301(4) is to allov7 the Department to intervene on behalf of a park owner or a home owner in county court, I have no objection, but that is not what that section says.

12. Fla. Statute 720.230(1)(a); 720.301(1)

I also would suggest that. in nonpayment of rent cases, the courts be given the dis-cretion to deny eviction if .the homeowner is able to pay the rent, court costs, attorney's fees and a reasonable late fee.

· .....

Ms. Teresa Brown February 7, 1984 Page 5, 1984

RE: 4th Draft Mobile Horne Bill

--------------------------------------------------------------

13. Is it the intention of Florida Statute 720.303(3) to give the division the jurisdiction to hear and decide eviction cases? Again, I find serious problems with this approach. I do approve of the "division" solving all problems other than eviction. .

14. Fla. Statute 720.304 should parallel 83.56(1).

15. I believe that as a penalty for Fla. Statute 720.405, a successful homeo\vuer should be entitled to a reasonable attorney's fee plus a minimum statutory penalty of $1,000.

16. The statute should permit attorney's fees to the prevailing party, regardless of whether the lease requires it, at the discretion of the court. Compare 83.48.

17. Fla. Statute 48 (Service of Process) needs to be amended to permit the removal of an abandoned mobile home.

I apologize for not being able to attend the last meetinf" but my docket is overflowing. I hope these suggestions are helpful.

JCH/df

Sincerely, .. , \ \

f-7:~ ; , , ~V": '- .. James C. Hauser J~dge of the County Court

I \./

cc: Members of Hobi1e Horne Subcommittee

."

· . : -.. . .: .... -

TO:

STATE pp' FLORIDA DEPARTMENT OF LEGAL AFFAIRS

Ken Tucker, Deputy Attorne'y General

FROl1:

RE: Moible Home Park Legislation

DATE: December 3, 1982

1. Thank you for your most helpful and germane comments regarding the above.

2. A leading Florida condominium case on the constitutionality of a statute (§7l8.40l(4), F.S.) (1977) providing for the deposit of rents into the registry of the court during litigation involving a condo lease, is: . Pomponio v. Claridge, 378 So.2d 774 (Fla 1979). The Supreme Court seemed to say that retroactive a~plication of that statute [i.e.; when the declaration of con 0 was filed before the effective date of the statute], in the absence of consent by the Developer/ Lessor to be so bound [i.e., in the absence of a clause in the lease which incorporated future amendments to the condo act], constituted an impermissible impairment of contract [the lessor's contractual right to receive his bargained for rent]. The Supreme Court compared §7l8.40l(4) (1977), F.S., with Rule 1.600, F.R.Civ.Proc., which rule does not "impair" contract rights because deposits and disbursements are supervised by the court; and also compared §7l8.40l(4), F.S. (1977), with §§83.60(2) and 83.61, F.S., which are within the Residential Landlord and Tenant Act, and indicated that the latter two statutes were acceptable because they authorized the court to disburse funds to the landlord upon a showing of, e.g., personal hardship resulting from the loss of rental income (thereby exercising the police power in the least restrictive manner). Subsequent condo cases are consistent with the foregoing: _Lake Tippecanoe Owners v. Nat. Lake Develop., 390 So.2d 185 (Fla. 2d DCA 1980); Coral Isle East v. Snyder, 395 So.2d 1204 (Fla 3d DCA 1981); and Tradewinds of Pompano Ass'n, Inc. v. Rosenthal, 407 So.2d 976 (Fla 4th DCA, 1981).

3. I note that §83.763, F.S., (which is within the Mobile Home Act) likewise provides for the park owner's applying to the court for disbursement of rents deposited by the home owner with the registry of the court, in order to avoid "personal hardship."

Ken Tucker Page Two December 3, 1982

4. I propose to delete subsection (3) and (4) on page 4. This would eliminate the discrepancy which you pointed out regarding "rents" and "rent increases," and may also lessen opposition to the bill. I'm also not so sure that it·was particularily helpful to .the home owners.

5. I expounde.d upon the definition of "unconscionable rent" (page 3) so as to clearly incorporate both elements of unconscionability: 3rocedural (§§83.75l5 and 83.752(5)) and substantive (.§ 83. 754 (3». This should make it clear that the factors within §83.7545(3), are only 1/2 of the apple.

6. Thank you again. I believe that the bill is greatly improved as a result of your review and comments.

JRM/ad cc w/encl: Leonard Elias

A bill to be entitled

An act relating to mobile home parks; creating

s. 83.7515, Florida Statutes; providing legislative

policy; adding s. 83.752(5), Florida Statutes;

defining unconscionable lot rental agreement;

adding s. 83.752(6), Florida Statutes; defining

unconscionable rent; adding s. ,83.752(7), Florida

Statutes, defining rule or regulation; creating

s. 83.7545, Florida Statutes; prohibiting

unconscionable rent; providing for determination of

unconscionable rent; providing remedies; providing

for limitation of actionsiamending s. 83.761(3),

Florida Statutes, pertaining to attorney's fees and

costs; providing an effective date.

Be It Enacted by the Legislature of the.State of Florida:

Section 1. Section 83.7515, Florida Statutes, is created

to read:

83.7515 Legislative policy.--The Legislature recognizes

that mobile home parks peculiarly affect the public interest and

bear a substantial relationship to the public health, safety,

morals, and general welfare, and accordingly finds that this act

is a lawful exercise of the state's police power. The

Legislature finds that a hybrid type of property relationship

exists between the mobile home owner and the mobile home park

. ~:,~'c'.·; 'owner, and that the relationship is not simply one of landowner

and tenant. The Legislature further finds that mobile home

owners mov,; into mobile home park residential communities at the

express or implied invitation of the mobile home park owners.

Be,cause the homes and appurtenances thereto of mobile home park

dwellers are permanently affixed to plo of land rented from

'/ mobile ,horne park owners, and cannot, thereafter be moved wi thout

incurring substantial financial losses on the part of the horne

owners; because horne owners have sizeable financial investments

in the lots to which their homes and appurteriances thereto are

affixed; and further because of the scarcity or unavailability of

vacant lots in alternative mobile horne parks, such horne owners

are in a grossly inferior bargaining position and accordingly are

peculiarly vulnerable to abuse by the park owners. The purpose

of this act is to codify and clarify existing principles and

rights of mobile horne owners and mobile horne park owners, and

thus to ameliorate the inherent vulnerability of mobile home

owners by considering the equities which should, be accorded

mobile home owners and by declaring that both the home owners and

the park owners have basic property rights which must

reciprocally accommodate and harmonize. The Legislature

recognizes that the park owner is not permanently divested, by

reason of his operation of a mobile home park, of the ultimate

rights of possession of the realty comprising the park. However,

--the home owner is entitled to protections, consistent with the

~quities and the property rights and interests of the home owner

on the realty comprising the park, regarding the terms of his

occupancy of the lot on which his home and appurtenances thereto

are affixed. The provisions of all sections of this part are to

be construed in light of this policy.

Section 2. Subsections (5), (6) and (7) are added to

section 83.752, Florida Statutes, to read:

83.752 Definitions.--As used in this part, the following

words and terms shall have the following meanings unless clearly

indicated otherwise:

- 2 -

.. "

• (5) "Unconsc ionable lot rental agreemen t" means any

mobile home lot rental agreement or provision within the mobile

home lot rental agreement which is imposed upon a mobile home

owner under circumstances in which there exists an inequality of

bargaining position between the parties and an absence of

meaningful choice between accePting or rejecting terms dictated

by the mobile home park owner, and. ~hich is unreasonably

burdensome to or restrictive on the mobile home owner.

(6) "Unconscionable rent" means a rent charged by a

mobile home park owner to a mobile home owner which, under the

factors established in s. 83.7545(3) of this part, and in

conjunction with the circumstances set forth in sections 83.7515

and 83.752(5) of this part, is excessive, inequitable, or

unreasonable .

. (7) "Rules" or "regulations" mean prescribed standards of

conduct or demeanor in the way a mobile home owner must live in a

mobile home park. Rules may not be used to circumvent the

-'intents and purposes of this part, and may not be used to effect

--... ..:unilateral amendments to a written or oral mobile home lot rental

agreement.

Section 3. Section 83.7545, Florida Statutes, is created

to read:

83.7545 Unconscionable rents.--

(1) No park owner shall charge a home owner an

unconscionable rent.

(2) Any mobile home owner who has reason to believe that

he is being charged an unconscionable rent by a mobile home park

- 3 -

owner may file an action in the circuit court for a determination

of whether or not he is being charged, an unconscionable ~ent.

Trial of such action shall commence not later than sixty days !

after the case is brought to issue in the circuit court.

Unconscionable rent actions may be brought in the form of a class

action .. Any person bringing an action under this section shall

be entitled upon demand to trial by'jury.

(3) In determining whether a rental amount is

unconscionable, the court or jury shall consider, among other

relevant factors:

(a) Whether the amount charged for each lot is,

greatly higher than the rents charged in comparable parks for

lots of comparable size and location. Comparable parks means

mobile home parks in the county in which the mobile home park

which is alleged to be charging unconsc~onable rents is located.

(b) The margin of profit being realized by the

-'wobile home park owner. The mobile home owner shall have a right

~-~y discovery to examine the mobile home park owner's books in

order to determine whether a substantial and unconscionable

profit margin exists and whether the claimed mobile home park

expenses are ones which may legitimately be charged to the

park. In further determining whether a substantial and

unconscionable profit margin exists, the trier of fact shall also

consider any claimed depreciation of mobile home park assets and

any tax advantages realized by the mobile home park owner from

,.~~.~~~claiming such depreciation;

(c) The type of facilities, including recreational

facilities, and amenities offered by the mobile home park owner

in the mobile home park and the cost and maintenance cost of such

facilities and amenities;

- 4 -

(d) The amount of investment in the park by the

mobile ,home park owner and the reasohable tate of return for such

investment being realized in the m?rketplace for comparable

mobile home parks with similar facilities,

(el The decrease or increase in services or

facilities offered or rendered by the mobile home park owner and

any legitimate increases in costs incurred by the mobile home

park owner in providing such services or facilities;

(f) The actual and legitimate cost of operation as

compared to the total amount of tents being charged in the mobile

home park.

(4) If it is found that a mobile home park owner has

charged or is charging an unconscionable rent, the court or jury

may:

(a) Refuse to enforce that portion of the rental

reement constituting the charging of an unconscionable rent,

(b)' So limit or reduce the application of the rent

charged as to avoid the charging of unconscionable rents;

(c) Require the rents to be reduced to an amount

previously charged; ",

(d) Order refund of any unconscionable rents

".~~,,~."":; collected by a mobile home park owner.

(5) Upon determination by the court or after rendition of

'" " a jury verdict, the court may enforce this section by entry of a

mo~ey judgment, injunction, or other appropriate supplemental

.,

5 -

(6) Any action brought under this section shall be

commenced no later than One year after the charging of the rents

clgimed to be unconscionable. Any; prior payment in r~nts shall

not constitute a waiver of the mobile home owner's right to bring

an unconscionable rent action under this section. This section

~hall be construed as an addition and a supplement to any

remedies otherwise available to a mobile home owner under law.

Section 4. Subsection (3) of Section 83.761, Florida

Statutes, is amended to read:

83.761 Civil remedy; venue; court costs and attorney's

fees; injunction. --

(3) A mobile home owner .or dweller may bring a civil

action against a mobile home park owner or operator violating the

provisions of this part in the appropri~te court of the county in

which the alleged violator resides or has his principal place of

business or in the county wherein the alleged violation

~ccurred. Upon adverse adjudication, the defendant shall be

~_~iable for damages. The court may in its discretion award such

equitable relief as it deems necessary, including the enjoining

of the defendant from further violations. ~he ies~ft~ paE~Y may ee

i~aele fee eetiE~ ees~s aH6 EeaseHaeie a~~eEftey~s fees ~fie~EEe6 ey

~Ae pEe¥a~i~H~ paE~yT In any litigation brought pursuant to this

part, other than litigation initiated by the enforcing authority,

the prevailing party, after judgment in the trial court and

exhaustion of all appeals, if any, shall receive his reasonable

_. __ •• ~, attorney's fees and costs from the nonprevailing party. The

attorney for the prevailing party shall submit a sworn affidavit

of his time spent on the case and the costs incurred in the

preparation and handling of the case, to the trial judge who

presided over the case. The trial judge shall award to the

- 6 -

prevailing party the fees and costs so iri~urred and set forth in

the affidavit, if the court finds the·fees and costs to be

reasonable. In any civil litigation initiated by the enforcing

authority, 'the court may award to the prevailing party reasonable

attorney's fees and costs if the court finds that there was a

complete absence of a justiciable issue of either law or fact

raised by the losing party or if the court finds bad faith on the

part of the losing party.

Section 5. This act shall take effect upon becoming a

law .

.. ~" . ...... (.'-........ ; .

"<"

- 7 -

"

" "

A bill to be entitled

An act relating to mobile home parks;

creating s. 83.766, 'Florida Statutes:

providing. right of first refusal and

alternatives with respect to sale of

a mobile home park; providing for

exceptions; providing -an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 83.766, Florida-Statutes, is

created to read:

83.766 Sale of mobile home park; right of first

refusal; required notice; negotiation with homeowners'

association.--

(1) If a mobile home park owner decides to sell the

mobile home park and has received a bona fide offer to purchase

it, the mobile home park owner shall send to each household

within the mobile home park a copy of the executed offer. For

.60 days following receipt of the copy of the executed offer, the

-'home owners shall have the option to form an association and to

purchase the mobile home park on the same terms and conditions as

in the bona fide offer previously made to the park owner. The

right of first refusal shall be exercised by the home owners, if

at all, by a binding commitment in writing given to the mobile

home park owner within the 60-day period. If the home owners do ,

not exercise the right of first refusal, the mobile home park

owner shall have the right, for a period of 90 days after the 60-

day period has elapsed, to complete the transaction described in

the offer to purchase. If for any reason such transaction is not

concluded within 90 days, the offer shall be deemed to be

abandoned and the provisions of this subsection shall be

reimposed.

· ' , ..

(2) If the home owners desire to participate in

negotia~ipns for the purchase of the mobile. home park, the mobile

home park owner may not refuse to qegotiate with any association

formed by trome owners for the purpose of purchasing the mobile

home park:.

(3) Subsections (1) and \2) of this section shall not

apply, however, in the eve~t the par~ owner desires to sell the

mobile home park to any person who would be included within the

table of descent and distribution were the park owner to die

intestate, and shall not apply so as to prevent good faith

transfers by gift or d~vise of the mobile home park.

(4) In lieu of complying with subsection (l) of this

section, the park owner may at any time negotiate directly with

the home owners or the association for the home owners regarding

the sale of the mobile home park.

Section 2. This act shall take effect upon becoming a

law.

- 2 -

/0" ''\'17 Lr-~ U _. reproduo.;;;;1 bv F~.ORfDA STATE' "FIef "V''''!:' J..)F:PA.FrrMl"'/>~T ·('.F "'T1~ ".l;:'~

.§fflfr nf Jffnmnfl Tal~ah~;~·"GFI~~J~~13~1t~! '~" <!J nnnflJ <!J nnd Df @ttftnYf <!J nunflJ !:>~jfl~~~~:L Carton]r.;[f.9°

JAMES C. HAUSER

JUDGE OF THE COUNTY COURT

Ms. Teresa Brown

ORANGE COUNTY COURTHOUSE

ORLANDO, F"LOR!DA 32801

November 10, 19B3.

207 House Office Building Tallahassee, FL 32301

Re: Revisions of

Dear Ms. Brown:

Thank you for sending me a copy the proposed creation of a new statute regarding the rental ofmobi home lots. There is no question in my mind that extensive revisions should be made. I sincerely hope that any criticisms I make are with the uriderstanding that the new statute will be fair to both the park owner and the home owner.

1. Change from Florida statute 83, Part III to Florida Statute 720.

I do not know why this change is being made. Although there are many differences between Florida statute 83, Part II and Part III, there are also many similiarities. It would seem to me that it would be wiser to keep the Act in Part III for the following reasons:

a. In reviewing the proposed changes, it was very difficult to compare the changes in the new statute with the old statute.

b. In future years, there will be changes in the landlord-tenant act that perhaps should be applied to the Mobile Home Act. With two differently numbered statutes, it will not be as easy to compare them.

c. Some of the statutes under 720 still refer to statutes listed as 83 Part III.

TELE;PHONE

42 0-313S~ 3 657

Ms. Teresa Brown November 10,.1983 Page Two

2. Florida Statute 720.03. Legislative Policy

I understand that the purpose of this statute is to emphasize that mobile home cases are not to be judged solely on real property lat¥". If it is the intent of the Legislature to have the Unfair and Deceptive Trade Practices statute apply to mobile home parks, it could easily be accomplished by the following sentence:

liThe rental of a mobile· home lot is the rental not of just real property, but is also the rental of a housing service to the mobile home owners."

3. Florida Statute 720.04(3). Definitions

Prior tol983, if a mobile home park had nine or less lots, it would be governed by Part II. This was eliminated by deleting Florida Statute 83.43(3) (c). I strongly suggest that either this statute cover all mobile home parks or that Part II again apply to parks with less than ten units.

4. Florida Statute 720.04(4). Definitions

The committee may wish to consider a minimum fixed term for the lease, such as two (2) years. It should also state that the amount of rent in the lease cannot increase until the lease expires.

5. If the park owner violates 720.101 or 102 (failure to permit visitors to speak), does the legislature wish to im

~ pose a $500 penalty? See Florida Statute 559.77.

6. Florida Statute 720.103 - Purchase of Mobile Home.

Since it is very difficult to find a buyer for a mobile home, does the legislature wish to reduce the number of approved purchasers from three to one?

7. Florida Statute 720.104(3) (a}. Purchase 6£ equipment, etc.

Permitting a park owner to increase fees, charges, or assessments on thirty days notice does not solve the problem of the home owner who disagrees with the increase, since it is prohibitively expensive to move. See my suggestion to Florida Statute 720.04(4).

Ms. Teresa Brown November 10, 1983 Page Three

8. Florida Statute 720.112. Disclosure

There is no penalty for failure of the park owner to give the names and addresses of a person to receive notices. I suggest a clause that would waive any requirement on the home owner to give written notice to the park owner where this statute is not complied with. a Florida Statute 720.113 - Mb~ile Home Lease.

This statute iS~led. We are talking about notifying home o'\vners 0 pose zoning changes.

10. Florida Statute 720.114 - Retaliatory Eviction.

You may wish to add to (1) (a) -any. complaint to a state agency, state attorney or law enforcement agency regarding a violation of this statute by a park owner.

11. Florida Statute 720.201. M.obile Home Lease

(2) Should have a minimum lease time period unless the home owner agrees to a shorter time period. (Two years?)

(3) Rent should not be able to be increased during the term of the lease.

12. Florida Statute 720.211 - Attorney's Fees

... 1It~~ The term _"may" should be amended trf~::~h:~~) since if JYfVP'- the park owner won the court could be requk.d~award at-

torney fees. ..

13. Florida Statute 720.230(1). Evictions, grounds, proceedings

(a) Do you wish to increase the time period to pay rent from three days to fourteen days?

.(b) Has anyone ever been evicted under this subsection? Does conviction take place after trial or appeal?

(c) (1) This statute shou1d.be amended to include a violation of the lease, not just the rules.

r

Ms. Teresa Brown November 10, 1983 Page Four

The statutory language is too broad; it should be similar to Florida statute 83.56(2).

"endangering the life, health, safety, property or peaceful enjoyment" can mean virtually anything.

(c) (2) Again, this statute should include the lease. The tenant should be given an opportunity to cure the violations. See 83.56(2) . The second violation should be of a similar violation as the first violation. Again, see 83.56(2). Forexample~ if on January 10th a home owner was creating excessive noise, should he be evicted for parking in the wrong parking spot on November lOth?

n611~ definite time period; perhaps the date the home owner • [; (d) The 80% of fair market value should be a more

fUlf- i's required to move.

(1) Who has jurisdiction to determine-the value of the mobile -home?

(2) What is the purpose of the last clause of this subsection?

(3) Does the legislature intent to eliminate 83.759 (1) (e) ?

14. Florida statute 720.301(1). Remedies

The notice should be similar to the notice used in the landlord-tenant act 83.56(2) for a park to evict for a violation. Agajn I question whether the home owner should not be given more time to pay especially since under the new statute, the park owner is entitled to a security deposit.

15. Florida Statute 720.301(2). Remedies

(a) How in God's name does a park owner provide notice within seven (7) days of the decision to change

. . the use of the land if he is simply making a driveway ~ut of the mobile home lot? ,

tt,S' (b) The 19st sentence Qf 720 30] (2) should have its v A .I~ own independent paragraph, otherwise, there would be "'~~. statute governing the service of notices for non-pay-~ent of rent. 720.301(1).

Ms. Teresa Brown November 10, 1983 Page Five

16. Florida Statute 720.303(2). Civil Remedy.

Should also include reasonable attorney's fees.

17. Florida Statute 720.303(3). Civil Remedy.

If the park owner brings suit for eviction and the horne owner prevails, the latter is not entitled to attorney's fees, unless the legislature awards attorney's fees to the prevailing party. Compare 83.48.

18. Florida Statute 720.305(1) Remedies.

Park owners should have an opportunity to cure Violations. just as tenants do under 83.56(1). .

19. Florida Statute 720.305(2). Remedies.

This statute may be unconstitutional since it broadens the requirement that a horne owner post rent in the Court Registry for all evictions.

(l) Under Freedman v. Geiger, 314 So2d 189, if a landlord sues for both rent and possession, the tenant is not required to post the amount in the Court Registry.

(2) If the park owner does not allege rent as damages in the complaint, then as a matter of law, he is not entitled to recover it. Western Union Telegraph v. Milton, 42 So2d 495 (Fla. 1907).

(3) .. This puts the park owner on the horns of a dilema • ;jI~tf.Ar .JW1:~ ~.-) /)1L.. ~. ~..p (4) Unlike his landlord-tenant counterpart, the park; ~ owner cannot even get the deposit for non-payment of rent.

~ ftL' Compare Fla. Stat. 83.625.

~ 7 20. Florida Statute 720.404(1). Publication of false inforrnatior

~~WOUld you want to add "punitive damages"?

. cJ-? 21. Is it the legislative intention to eliminate the ~ Mobile Horne Park Tenants Association to purchase the park from

the Park Owner? Fla. Stat. 83.7710-7730.

Ms. Teresa Brown November 10, 1983 Page Six

22. Does the legislature wish to add a statute regarding "waiver" similar to Florida Statute 83.56?

23. Does the legislature wish to eliminate Florida St~tute 83.760(1) and (2)?Although I agree thelarigu~ge of' both of these statutes is poor, I believe that park owners should be required to offer home owners written leases, and the failure to do so would prevent eviction for months.

You may also wish to require a park owner to give months notice of any rent increase, prior to the termination-of the lease.

By elimiriating 83.760(5), this act may apply to all recreational parks.

24. ,What if the mobile home owner abandons his home; how does the park owner evict him? 48.183 does not apply.

25. I do believe that the addition of Florida Statute 720.210 prohibiting termination at the expiration of the lease is a step in the right direction.

JMH/nl

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JIM SMITH Attorney General State of Florida

DEPARTMENTOFLEGALAFFAI~~~ [FD ({lpl'o(ir;cu;I;'! bv .

OFFICE OF THE ATTORNEY GENERAL. FLORlnA ST,~TE PJ'll;HiVES DEPARTMeNT OF STAT E

THE CAPITOL. RA. GF~AY 8UIWIN3 TALLAHASSEE. FLORIDA 32304 T:'illah"ulSt'HI/ §lorida :j2Zf.}9-9A~~

Series~~.1~L~ Carton",_.t1.::z7 -" FHa

April 10, 1980

080-32

Mr. Randy Miller Executive Director Department of Revenue Room 102, Carlton Bldg. Tallahassee, Florida 32301

RE: HOMESTEAD EXEMPTIONS--MOBILE HOMES-entitlement to. §§196.031(1) and (2), 196.041, F.S.

Dear l'lr . Miller ;

You have asked my opinion on the following questions:

1. IS A MOBILE HOME OWNER WHO OTHER\JISE MEETS THE STATUTORY REQUIREMENTS FOR HOMESTEAD EXEMPTION, ENTITLED TO SAID EXEMPTION WHEN FEE TITLE TO THE LAND ON WHICH THE OWHER'S HOBILE HOME RESIDENCE IS LOCATED IS OWNED BY A CORPORATION AND EACH MOBILE HOME OWNER IS REQUIRED TO PURCHASE A SHARE OF STOCK OF THE CORPORATION AND ALSO REQUIRED TO PAY RENT IN ORDER TO OCCupy HIS RESPECTIVE MOBILE HOME LOT.

2. IF THE ANSvlER TO QUESTION 1 IS IN THE AFFI~1ATIVE, DOES THE PROPERTY APPRAISER ALLOCATE TO EACH MOBILE H0l1E RESIDENT A PROPORTIONATE SHARE OF THE TOTAL VALUE OF THE ENTIRE MOBILE HOME PARK REAL PROPERTY BASED ON HIS PROPORTIONATE SHARE OF THE TOTAL AUTHORIZED STOCK OF THE CORPORATION OR THE TOTAL OUTSTANDING STOCK OF THE CORPORATION?

Mr. Randy Miller Page 2

3. SHOULD THE PROPERTY APPRAISER INCLUDE THE VALUE OF THE "MOBILE HOMES" IN ADDITION TO THE VALUE OF THE LAND ON BOTH SIDES OF THE EQUATION IN COMPUTING THE VALUE OF EACH "MOBILE HOME" OWNER'S PROPORTIONATE ASSESSABLE INTEREST FOR HOMESTEAD EXEMPTION PURPOSES?

080-32

Your initial inquiry and the supplemental information supplied establish the following factual situation. A corporation, organized under the laws of Florida, has been established to, among other things, purchase, or otherwise acquire, and to own, invest in, trade in, and deal in and with goods, wares, merchandise, real and personal property, and services of every kind or description. The corporation further is specifically "not to conduct a . . . cooperative association among other .prohibited acts.

The corporation is empowered to issue and sell 10,000 shares of stock. The supplemental information you have supplied does not indicate how many shares of stock have been sold or the sales price or consideration paid therefor, nor does it disclose the manner in which the corporation acquired or holds title to or possession of the land being assessed or whether the same is subject to any leasehold interests or mortgage liens or other like encumbrances. The information you provide does not disclose the existence of other corporate 'documents in the nature of a declaration of condominium or a cooperative document or cooperative articles of incorporation or the like. Your inquiry does indicate that the persons desiring to reside in the mobile home community must meet two requirements in order to fulfill that desire. First, they must purchase a share of the capital stock of the corporation and second, must pay rent on the mobile home lot in order to reside thereon. Your original query and the supplemental information you have supplied indicate that there are no written leases between mobile home owners and the mobile home park owner or operator, and there does not appear to be any requirement that only residents of the mobile home development may own the capital stock of the corporation .. Thus, no real nexus is established between the

"

Mr. Randy Miller Page 3 .

080-32

right of occupancy or use of the mobile home lot and the ownership of stock except that this must exist in addition to payment of rent on such lot in order to reside thereon in the mobile home park. The inquiry suggests that there exists an apparent conflict between the. provisions of §6, Art VII of the 1968 Revised Constitution and the implementing provisions of §§196.031 and 196.041, F.S., bringing into question the validity or partial validity of those statutes. These laws must be presumed to be valid and must be given effect until they are judicially declared unconstitutional. See State ex reI. Atlantic Coastline Rail Co. v. State Board or-Equalizers, 94 So. 681 (Fla. 1922); Evans v. Hillsborough County, 186 So. 193 (Fla. 1938); Pickerill v. Schott, 55 So.2d 716, 719 (Fla. 1951). It is, of course, beyond the authority of my office to pass upon the validity of these laws; such being the prerogative of the judiciary. These comments should not be taken to imply that any actual or real conflict does in fact exist or that such laws are in any way invalid or partially invalid. Cf., Ammerman v. Markham, 222 So.2d 423 (Fla. 1969), sustainLng the validity of Ch. 67-339, Laws of Florida, which first extended the homestead tax exemption to owners of condominium and cooperative apartments. It is against this background that your questions are answered.

You.r first question is answered in the negative.

Chapter 67-339, Laws of Florida, amended former §§192.l2 and 192.13, F.S., so as to provide homestead tax exemption to each owner-occupied condominium parcel and on each apartment occupied by a tenant-stockholder or member of a cooperative apartment corporation. For the purposes of the instant inquiry, the essential terms of Ch. 67-339

. are substantially the same as the material terms of §§196.03l(1) and (2) and 196.041, F.S. 1979. Chapter 67-339 was to "take effect on the first January 1st . . . after a revised constitution of Florida is approved by (the qualified electors) which grants a homestead exemption . . . on each owner-occupied condominium parcel and on each apartment occupied by tenant-stockholder or member in the building owned by a cooperative apartment corporation." The Anaylsis of Proposed Revision by the Legislative Reference Bureau on the Draft of Proposed 1968 Constitution submitted by the Legislature to the voters for ratification at the General

•


080-32

Election of November 5, 1968, in pertinent part states: lI(t)he (homestead) exemption is also extended to condominiumsand cooperatives." Section 6(a) of Art. VII of such Draft of Proposed 196~ Constitution in pertinent part provided:

. . . The real estate may be held by legal or equitable title, by the entireties, jOintly, in common, as a condominium, or indirectly by stock ownership or membership representing the owner's or member's proprietary interest in a corporation ovming a fee or a leasehold initially in excess of ninety-eight years.

In Ammerman v. Markham, supra, the question before the Court was whether Ch. 67-339, supra,could constitutionally extend the provisions of 17 of Art. X, Fla. Const. 1885, to the owners of cooperative and condominium apartments (the 1968 Revised Constitution did not take effect until six days after the exemption status was determined, and, therefore did not. apply during the 1969 tax year). The Court found that the Legislature by enacting Ch. 67-339, supra, intended to and did include cooperative and condominium apartments within the meaning of the terms "real property" and "dwelling house" as used in 1885 Constitution, 17 of Art. X, and held that Ch. 67-33Y, i,ugra, constituted "a valid legislative definition 0 'real property" and IIdwelling house" as used in §7 of Art. X of the 1885 Constitution. In a later decision, In Re Estate of Wartels, 357 So.2d 708 (Fla. 1978), on the question of whether a cooperative apartment may be considered homestead property for the purpose of subjecting it to Florida Statutes regulating the descent of homestead property, the Wartels court in distinguishing Ammerman observed that the Ammerman Court 11merely sus tained the statutory implementation of 16 of Art. VII, Fla. Const. (1968 Revision), governing tax exemption for homesteads." This history of the constitutional and statutory provisions pertinent to the instant inquiry seems to establish that the legislature has placed its interpretation on the terms of §6 of Art. VII of the 1968 Revised Constitution and the constitutional definition of "real property" and "legal title or beneficial title in equity"thereto as used in §6(ci) , Art. VII of the 1968 Revised Constitution. The language


080-32

employed in Ch. 67-33~, supra, now found in §§196.031 and 196.041, F.S., would seem to demonstrate that the Legislature purposed the additional extension of the homestead tax exemption only to owners of condominium and cooperative apartments and no. others. The other enumerated class or classes of persons in §§196.031 .and 196.041, F.S., are, of course, if otherwise eligible, qualified for and entitled to the prescribed homestead tax exemption.

Section 196.031(1) and (2), F.S., in pertinent part provides:

(1) Every person \vho has the legal title or beneficial title in equity to real property in this state and who resides thereon and in good faith makes the same his or her permanent home, . . . shall be entitled to an exemption from all taxation, up to the assessed valuation of $5,000 on the said home and contiguous real property, as defined in s.6, Art. VII of the State Constitution. Said title may be held by the entireties, jointly, or in common with others, and said exemption may be apportioned among such of the owners as shall reside thereon, as their respective interests shall appear, but no such exemption of more than $5,000 shall be allowed to anyone person or on anyone dwelling house, except that an exem tion u to the assessed valuation of

, maS e a owe on each apartment occupiedy a tenant-stockholder or member of a coo erative a artment cor oration and

condominium parce occupied y its owner, nor shall the amount of the exemption

. allowed any person exceed the proportionate assessed .valuation based on the interest owned by such person.

(2) As used in subsection (1), "cooperative a artment cor oration" means a cor oration,

not or profit, ose of ownin , main-an apartment UL ding


or purposes 0

In pertinent part, §196.04l, F.S., provides:

080-32

The above factual statement applied to the material provLsLons of§§196.03l(1) and (2) and 196.041, F.S., would seem to clearly establish that the mobile home owner in question does


not fall within the terms of· these statutes. However, initially it is the property appraiser's responsibility. to make such factual determinations, or determinations on mixed questions of law and fact. This office possesses no fact finding authority and is without authority to serve as an arbiter of such mixed issues of law and fact. Nevertheless, and for the sole purpose of offering· guidance in

080-32

the determination of this particular issue and novel question on which there does not appear to be any direct judicial expression by the Florida Appellate Courts, I would make the following observations founded upon the prefatory factual statement herein.

There apparently being no documents in the nature of a declaration of condominium (which may be created only pursuant to .Ch. 718, F.S.),the mobile home real estate here involved would not meet the statutory requirements for II condominium property"· [See § 718.103 (11), F. S. J or "condominium parcel" (§§196.03nI), 196.041, and 718.103(10» or part or parcel of a "condominium" (§7l8.103(9), F.S., see also §71B.104, F.S.). A condominium is a special statutorily created form of ownership of real property and a condominium unit owner owns and holds title to real property [see, ~, § § 718.102, 718.103 (9), (10), (11), (16) and (~F.S.]. A share of stock in the subject corporation is not and its owner does not hold title to real property. Cf., In re the Estate of Warte1s, 357 So.2d 708, 709 (Fla. 1978). It would seem obvious that the owner of a condominium parcel (although he or she pays certain assessments for the common expenses [see §§718.103(7) and 718.115, F.S.]), does not pay rent to occupy and use his or her dwelling unit or the real property upon which such owner's dwelling unit is located.

The Articles of Incorporation of the subject corporation expressly prohibits the "conduct (of) a . . . cooperative association .... " These Articles do not anywise provide that subject corporation is "a cooperative apartment corporation" [see§§196.03l(1) and 196.041, F.S.], organized "fortJie purpose of owning, maintaining and operating an apartment building .. . to be occupied by its stockholders" for dwelling purposes [see §§196.031(1) and (2), 196.041, 719.102, 719.103(2), (8),(9), (10), (11), (14), (15) and (16), F.S.]. A unit owner of a part of the cooperative property [~§7l9.l03(ll) and (14), F.S.];


080-32

does not receive title to the cooperative unit but only receives shares in the cooperative or association [see §7l9.l03(2), F.S.], which holds title to the land or-leasehold on which the cooperative apartment building is constructed; and in conjunction with the purchase of such shares, the stockholder receives a lease for his individual cooperative unit. See In r.ethe Estate of \vartels, supra, at 709, but see Ammerman v. Markham, su¥ra, which holds that the LegISIature, for the purpose 0 taxation, intended to include cooperatives and condominiums within the meaning of the terms "real property" and "dwelling house" and that Ch. 67-339, Laws of Florida, was a valid legislative definition of those terms as used in the Constitution of 1885, so as to extend homestead tax exemption benefits to owners of condominium and cooperative apartments begining January 1, 1969. As stated by the Court in In re the Estate of Wartels, at 710 , the Ammerman Court sustained the statutory implementation of §6, Art. VII, 1968 Revised Constitution, governing tax exemption for homesteads. The above prefatory factual statement indicates that subject corporation is not a cooperative association [§7l9.l03(2), F.S.], or corporation or owner of cooperative property [see §7l9.l03(2), (8) and (9), F.S.]. A cooperative unit owner is defined by §7l9.l03(15) to mean the person holding a lease or other muniment of title or possession of a unit [§7l9.l03(11) and (14), F.S.], that is granted by the association [§7l9.l03(2), F.S.], as the owner of cooperative property [§7l9.l03(11), F.S.]. The factual statement indicates there are no written leases between the mobile home owners in question and any cooperative association or corporation or even the mobile home park owner or operator. Moreover, the facts submitted for consideration utterly fail to establish that the stock of the subject corporation entitles its shareholders to occupy and use "rented" mobile home lots (or the mobile home park) for dwelling purposes solely by reason of the ownership of such stock.

Under the facts delineated above, subject mobile home owners do not fall within any of the other enumerated class of persons who hold "the legal title or beneficial title in equity to real property" or who are in "possession of real estate" and who are otherwise entitled to homestead exemption from ad valorem taxes within the purview of and for the

-< 't


080-32

purposes of § §196. 031 and 196.041, F. S. Therefore, it appears that the mobile home owner in question may not be brought within any of the entimerated class or classes of persons entitled to the prescribed homestead exemption from ad valorem taxes within the terms of and for the purposes of §§196.031 and 196.041, F.S. As noted above, the statutes are presumptively valid and must be given effect and followed by the affected county and state. officials.

It is a fundamental rule of statutory construction that when a statute enumerates things upon which it is to operate, or sets forth exceptions to its operative force, it must be construed as impliedly excluding from its operation all things or exceptions not expressly mentioned or set forth therein. See Ideal Farms Drainage Dist. v. Certain Lands, 19 So.2d 2~(Fla. 1944); Aaron Williams v. American Surety Co. of New York, et al., 99 So.2d 877 (Fla. 2 D.C.A., 1958); Interlachen Lakes Estates, Inc. v. Snyder, 304 So.2d 433 (Fla. 1973); Thayer v .. State, 335 So. 2d .815 (Fla. 1976) .. Moreover, a legislative direction as to how a thing shall be done is, in effect, a prohibition against its being done in any other way. Alsop v. Pierce, 19 So.2d 799 (Fla. 1944); State ex rel. Reno v. Barquet, 358 So.2d 230 (Fla. 3 D.C.A., 1978).

Your inquiry draws my attention to AGO 075-159, but that opinion is inapposite to the factual circumstances peculiar to the instant inquiry. Moreover, the facts attending that request indicated that the shares of stock of the corporation there involved entitled the stockholders of that corporation by reason of the purchase thereof to occupy mobile home sites on the land owned by the corporation, and no rents were required or paid to the owner or operator of the mobile home park for the occupancy and use of the mobile' home lots or sites for dwelling purposes.

Your first question having been answered in the negative, your second and third questions are therefore rendered moot and need not be considered here.

Based upon the foregoing circumstances and authorities and statutes cited, and until legislatively or judicially determined otherwise, I am of the view that where title to land is held by a corporation which is not organized as a corporation or as a condominium association or cooperative association for


080-32

the purposes of owning, maintaining and operating a condominium or cooperative and such corporation requi~es a mobile home owner to purchase a share of the capital stock of such corporat.ion and the payment of rent for occupancy and use of a mobile home park lot or site and such stockholder is not entitled solely by reason of his ownership of such stock to occupy and use such lot or site for dwelling purposes, such mobile home owner who might otherwise meet the statutory requirements for homestead exemption from ad valorem taxes is not entitled to such exemption and is not included within the enumerated class or classes of persons entitled to such exemption within the terms of and for the purposes of §§196.03l and 196.041, F.S. However, initially it is the responsibility of the property appraisers to make the necessary factual determinations of such mixed issues of law and fact, the Attorney General being without authority to act as an arbiter of such issues.

/br

s~e~ :i;MITH

ATTORNEY GENERAL

General

· ,

Department Of HIGHWAY SAFETY AND MOTOR VEHICLES

CHESTER F. BLAKEMORE EXECUTiVe: OIRECTOR

NEIL KIRKMAN BUILDING

Ms. Debby Kaveney House Judiciary Committee 208 House Office Building Tallahassee, Florida 32301

Dear Ms. Kaveney:

TALLAHASSEE 32301

October 18, 1982

COL. J. ELDRIGE BEACH. DIRECTOR OIVISION OF' FLORIDA HIGHWAY PATROL

JOHN D. CALViN. DIRECTOR DIVISION OF MOTOR VEHICLE'S

CLAY W. KEITH. DIRECTOR OIVISION OF DRIVER LICENSES

W. R. KAUFMAN. DIRECTOR OlvlSION OF AOMINISTRATIVE SERVICES

Attached per your request, please find a copy of my opinion on the sale of mobile homes by real estate brokers.

If I may be of assistance in this or any other matter, please call upon me.

MJA: adr

Attachment

. ~. '.

LEGAL SECTION

June 11,. 3.982

FROM:

'\Jack Pelham

Michael J~ Alderman

SUBJ".t:C1': Sale of, Mobile Home by Realto~ ,.~'t":"~\"~~<;';"'" ~·:i'.··.r·.~~ .~;,~.t,:. ':1,,:, ":' ~·:~;·t~"~~~"·.·· .,····~.o\-..... , ..... :,~., .:~: ", '~":~'-:~~"'~.':"-:'<';".':}.~ .

. : .. '::;··.·.This is,in response to your request for., an opinion as to whether a licensed realtor may sell mobila,homs8 affixed to real estate wi~out being licensed as a mobile home dealer

. or .' broker;. . . ',"." ;':" ' . ," 'r.,~:. . .... ; ,::~'"~ . " , " ". :} ' ...

',<~~, It is my, opinion that-in order to sell any mobile home,. .. wbethu or not it. :i5 considered' to be real estate under Section 320.0l5·,~, Florida Statutes; :'8 realtor must. be lioensed under Sec:cion :~~O.7~ ,:.~~orid~~tAtut~JI" .,' ~ ....:~ ':,,::

. ;~i' ",.,:~'Sectioli'C',j20~77"reciuiresa ficenaeto sell mObile homes. Theterm'-mopile home"'"'is 'clearly defined by Section 320.,01(2) I ','

Florida. Sta.tutes ,.,. and a Dlobile home does not, cease to be a 'mobilehome merely because it is considered to be real. property for taxation purposes under Section 320~015t Florida Statutes.

• .' - .,' ........ ,' .?;.,..~ .• ', ',- 'i''''', -

\ Chapter 82-66,. Laws of'Florida, amended Section 320.77 to include a definition of "mobile home broker D and to exempt such mobile home brokers from the space requirements of that section. It did not exempt licensed, realtors' fX'om the l:tcenss .. '

., .... .. .. .. .t 11 '!.c.. " ----« ' .. ~ ._~ z:eqU.i..l:sa to se.a.J. lDOO.:L.a.e uOIl'ieii.: :l:nera:toJ:& a, rea. wr may. now qualify as a mobile .home broker-and thus be licensed "as a dealer without having display space, but may not sell amob!le home ' without the appropriate license required by Section 320p77, F.S.

MJA/lky

,.-"

DIFFERENCES BETWEEN SB 754 and peS/SB 754

Makes technical changes throughout the bill.

Deletes provisions relating to attorney's fees for mobile horne owners prevailing in court actions.

Exempts a mobile horne association acquiring a mobile horne park from the requirements of part VI, chapter 718, F.S., and part VI of chapter 719, F.S.

Provides certain responsibilities of mobile horne associations.

Requires the person authorized by the mobile horne park owner to receive notices and demands on the mobile horne park owners behalf, to retain such authority until the mobile horne owners are notified otherwise.

Deletes references to certain types of investigations that may be conducted by the Division of Land Sales, Condominiums, and Mobile Homes of the Department of Business Regulation.

Provides for mediation and arbitration by the division in certain disputes.

Deletes provisions requiring the park owner or operator to deliver a copy of all rules and regulations to the mobile home owners.

Provides circumstances under which a mobile home park owner may terminate the tenancy of a mobile home owner.

Deletes legislative intent relating to the division's role in resolving disputes between mobile home owners and mobile home park owners.

Deletes certain requirements relating to amending a prospectus or offering circular.

Provides filing fees for existing mobile horne parks based on the number of lots in the park and deletes provisions requiring a filing fee of $250 for all park filings.

Deletes certain material from being included as advertising material.

Repeals certain provisions of part III, chapter 83, F.S.

Requires the Department of Health and Rehabilitative Services to provide the division, at no cost, a current listing of registered mobile home parks.

HB: 1126

SPONSOR: Dunbar and others

SUBJECT: Mobile Homes

I. SUMMARY

COMMITTEE ON JUDICIARY STAFF SUMMARY

OTHER COMM. REFERENCE: F&T, APPROP.

PREPARED BY: Deborah Kavene

STAFF DIRECTOR: Richard Hixson ~

DATE: ____ =A~p~r~i~l~5~,_=1~9~8~4 ____ ~-------

A. Present Situation

The 1983 Legislature established a 9-member Mobi~e Home Study Commission. The Commission was directed to look into the following issues: acquisition of mobile home parks by the tenants, rent increases, displacement of residents upon sale of parks, zoning for mobile home parks, upgrading of mobile home parks, applicability of the Little FTC Act, adequacy of the Mobile Home Landlord-Tenant Act, and advertising and leasing of mobile home lots. The Commission conducted public hearings throughout the state. \Whilethere were issues raised on most every subject, the overwhelming number of complaints related to substantial increases in rents and the manner in which rules and regulations were adopted and applied.

HB 1126 represents the recommendations of the Mobile Home Study Commission.

B. Effect of Proposed Changes

The bill transfers the provisions of Part III of Chapter 83 (Mobile Home Landlord and Tenant Act) to Chapter 720.

Section 1 of the bill sets forth general provIsIons relating to matters such as the scope of the chapter and definitions. Mobile home subdivisions would fall within many of the. provisions of the act.

Section 2 sets forth rights granted mobile home owners regarding the right to assemble in the common areas of the park and to canvass the park regarding tenant association matters, the right to invite public officers or representatives of tenant organizations to appear at the park, the right to sell'a home within the park, and the right of first refusal.

This section of the bill also contains provisions restricting park owners' access to mobile homes and denoting the obligations of the park owner and the home owners. Changes of si9nificance include (1) a provision that park owners will be required to comply with the park rules; (2) a provision that rules may be enforced by filing a complaint with the division; and (3) a requirement that local governments may not take any official action which would result in the removal or relocation of mobile homeowners without making a determination that other suitable facilities exist for relocating the ho~e owners.

Section 3 relates to mobile home rental agreements and park rules and regulations. If a written lease is not in effect, the statutory provisions are deemed a part of the rental agreement. The term of the

Page 2

agreement shall be at least one year. Significant changes are made with regard to rent increases and reduction or elimination of services.

....

With regard to rent increases, the park owner must give 90 days notice to the homeowners, then.meet with a committee of homeowners to discuss the increase. If the home owners find the increase unacceptable they may petition "the division to investigate. Upon being so petitioned, the Division is to determine whether the increase is justified. If the Division determines the increase is justified,the homeowners may then file an action in court to determine whether the increase is unconscionable. If the Division does not determine that the increase 'is justified, it shall make a more in-depth investigation. Either party may then file an action to have the rental increase held unconscionable.

with regard to the reduction or'elimination of services, a mobile home owner may file ~ complaint if such action is not accompanied by a corresponding reduction in rent.

Before a park owner may change any park rule or regulation, he must give notice and meet with a committee of the residents. If the committee feels the rule is unreasonable, it may petition the division for a determination as to whether the rule is reasonable. The eviction without cause provision has been deletea as an allowable ground for eviction.

Section 4 relates to the termination of rental agre~ments, and remedies generally. Legislative intent language is provided which states that all matters of dispute, not otherwise preempted by law~ between the home owner and park owner shall first be submitted to the Division prior to the filing of any action in court. Further, political subdivisions may not adopt laws relating to the mobile home landlord-tenant relationship.

Section 5 of the bill relate~ to regulation by the Division and sets out the powers and duties of the Division. Mobile home park owners are required to pay an annual fee of $1 per mobile home lot.

Mobile home leases will hereafter be required to contain certain provisions, including a 15-day cancellation period. Park owners are required to prepare and file with the Division, a prospectus or offering circular before entering into an enforceable rental contract. Advertising materials must be filed with the Division ten days prior to use.

II. FISCAL IMPACT

The Division of Florida Land Sales and Condominiums would be charged with regulating the Florida Mobile Horne Act. Fees collected from park owners are expected to fund these new duties.

Florida House of Representatives

Hamilton D. Upchurch Chainnan

John Thomas Vice Chainnan

H. Lee Moffitt, Speaker Steve PBjcic, Speaker pro tempore Committee on Judiciary

March 2, 1984 Richard Hixson

Staff Director

TO: Ron Silver, Chairman, Mobile Horne Study Commission

FROM: Debby Kaveney

RE: EVICTION WITHOUT CAUSE IN MOBILE HOME PARKS

ISSUE

WHETHER A 12-MONTH EVICTION WITHOUT CAUSE PROVISION' IS REQUIRED IN ORDER TO MAKE THE STATUTORY EVICTION SCHEME CONSTITUTIONAL.

ANSWER

In my best opinion, the eviction without cause provision is not necessary to make the statute constitutional. After the adoption of §83. 759 (1) (d) in 1973 and before the adoption of §83.759(1) (e) in 1982, the act provided a constitutionally valid eviction scheme, representing a complete statement on the subject by the Legislature.

In 1972, §83.271 (later §83.69 and presently and hereinafter §83. 759), became law and provided, in essence that: (1) a mobile horne owner could not be evicted except for (a) nonpayment of rent; (b) violation of a federal, state or local ordinance deemed detrimental to the health, safety or welfare of other park residents; or (c) violation of a park rule or regulation: and (2) cumulative eviction proceedings may be established in a written lease.

The case2 of Palm Beach Mobile Homes, Inc. v. strong1 and t v. Green, which both address the constitutionality of §83. , were decided by the Florida Supreme Court on the same day in 1974.

208 House Office Building, lhllahassee, Florida 32301 (904) 488-1663

Their combined message is rather cryptic since the opinions were written by different justices who did not agree on the construction ,of the statute. The opinions upheld the statute against arguments of due process, equal protection, impairment of contract and right to contract. However, the Strong court,' in recognizing that perpetual occupancy rights may not be granted by law and, in straining the hold that the statute did not necessarily grant such rights, found it "not inconceivable" that a park owner might adopt a rule providing for the termination of a tenancy after a substantial duration, if a reasonable period (not less than 12 months) is afforded. The court noted that since the case had been decided below, the Legislature had adopted a fourth permissible cause for evictioni that being a change in the use of the land comprising the mobile home park or a portion thereof. While that provision could not be considered for pur-poses of the decision, the court noted, as a caveat, that the 'adoption 0 paragraph (d) cured any defect in the statute relative to depriving a landowner of the use of his land for purposes other than a mobile home park. Four justices' joined in the majority opinion, one dissented and two concurred in part but dissented as to the ability of a park owner to unilaterally terminate a tenancy at the end of some specified term, as such a rule was contrary to the obvious ,intent of the statute.

Unlike Strong,the Stewart decision included the consideration of the newly enacted paragraph (d), and held that the four statutory causes for eviction were the only grounds for eviction and that rules and regulations could not be used to circumvent the intent and purposes of §83.7S9 •. To further confuse things, the Stewart opinion was written by the author of the Strong dissent, and the four justices in the majority in Strong dissented in part to Stewart by reiterating their language relative to a park owner conceivably adopting a rule for eviction after a substantial duration.

It therefore appears that the latest expression of the Supreme Court is that with,the addition of paragraph (d), §83.7S9 is a complete and constitutional scheme for mobile home evictions and that a park may not adopt rules or regulations contravening such rights; however, at the same time, a plurality of the court has stated that a rule providing for termination of a tenancy for no apparent cause, after a substantial duration is acceptable. It should be noted that the Strong majority/Stewart dissenters' opinions appear contradictory in that in the former case they state that the addition of paragraph (d) cures any defect the act might have had as to "permanently depriving the owner of the land upon which a mobile home park is located for all times of the management .in the use of his land for other purposes than a mobile home park,,3, then in the latter case they state that the rule they envision with regard to evictions "without cause" is required in recognition of the fact that perpetual occupancy rights cannot be granted by law. If the park owner can unilaterally decide to change the use of his land and evict mobile home

-2-

owners based upon such decision, certainly perpetual occupancy rights have not been granted by the law.

It is understandable that the district courts have had some amount of trouble reconciling the cases, and Japanese Gardens Lot Renters Protective Association of Clearwater, Inc. v. Japanese Gardens Mobile Estates, Inc.1 does not disappoint us in this regard. In Japanese Gardens, the Second District enforced a lease provision providing for 12-month eviction without cause, against tenants who had never executed the lease, stating that the unexecuted lease provision could be considered a rule of the park. The Japanese Gardens court avoided addressing any inconsistency in the cases and cited Strong for the proposition that a rule may be adopted to provide for eviction after a substantial duration.

The Fourth District decided differently in Crown Diversified Industries, Inc., v. WattS and Peterson v. Crown Diversified Industries, Corp.o In Watt, the court held that in Strong and Stewart, the Supreme Court found that:

.•. the 1973 addition to that portion of the statute at issue here (. •• s. 83. 759 (1) (d) ) validated the entire eviction scheme of the Florida Mobile Home Landlord and Tenant Act by granting mobile home park owners or operators the right to use their land for purposes other than mobile home rental. 7

In Peterson, the park owner adopted a rule providing for eviction without cause upon 12 months notice. The court held that in the absence of a valid lease which provides for cumulative eviction, the park owner may only evict on the grounds enumberated in §83.759(1). That is, a mobile home owner can only be evicted on one of the four grounds unless the has agreed otherwise by executing a lease containing a cumulative eviction procedure.

The Second District seems to have retreated from its holding in Japanese Gardens by holding, in Artino v. CutlerS that pursuant to Stewart, rules and regulations may not be used to indirectly circumvent the provisions of §83.759(1). In Cutler, a park rule was adopted that required all residents to sign a written lease. The lease contained a provision for eviction without cause upon 12 months' notice.

The two districts that have addressed the issue subsequent to Strong and Stewart have now held that rules and regulations may not be used to circumvent the four statutory causes for eviction of mobile home owners. Since these cases are in line with Stewart and do not conflict with my interpretation of Strong, I feel they represent a correct statement of the law prior to the 1982 amendments to §83.759.

-3-

., ;. .

FOOTNOTES:

1. 300 So.2d 881 (Fla. 1974)

2. 300 So.2d 889 (Fla. 1974)

3. Palm Beach Mobile Homes, Inc. v. Strong, 300 So.2d at 887.

4. 345 So.2d 409 (Fla. 2d DCA 1977)

5. 415 So.2d 803 (Fla. 4th DCA 1982 )

6. 429 So.2d 713 (Fla. 4th DCA 1983)

7. Crown Diversified Industries, Inc. v. Watt, 415 So.2d at 806.

8. 439 So.2d 304 (Fla. 2d DCA 1983)

-4-

There is hereby expressly preempted to the state all

regulation and control of mobile home ·space rents in mobile

home parks, as well as all regulation and control of all those

other matters and things relating to the landlord-tenant relationship

treated. by or falling within the purview of this chapter. All

units of local government are prohibited from taking any action,

including the enacting of any law, rule, regulation or ordinance,

with respect to the matters and things hereby preempted to

the state.

It is expressly declared by the legislature that the

relationship between'landlord and tenant as treated by or falling

within the purview of this chapter isa matter reserved to

( the state,~. and that units of local

\~ government are lac.k~:innf in

jurisdiction and authority in """ J~ regard thereto. ) Alr(~tatutes

/ and ordinances in conflict herewith are expressly repealed.

/

,

720.9f)?:J Lot Rental Increases:

(1) The park owner, shall 90 days prior to any rental

increase, provide written notification to each mobile

home owner.

(2) The park owner shall 60 days prior to any rental

increase, meet and discuss the increase with a

designated committee of the home owners. The

notification of the date and time of such meeting

shall be included in the written pUblication under

section (1) 72

(3) If the majority of residents feel that the proposed

rental increase is unacceptable, they may then file a

complaint with the Division requesting an

investigation and/or determination on the issue.

(4) The Division will conduct a Level I investigation of

the issue within 30 days which will include an

analysis of the rental levels of comparable parks in

the area, level and types of services, etc. and make

an initial finding as to whether or not a Level II

investigation is required.

(5) The Level II investigation shall include an evaluation

of all pertinent park economic data. etc. --- and the

Division may impose a fine of up to $5.000 if the park

owner is found to be in comtempt for failure to sUbmit

subpoenad data. Information acquired under this

paragraph shall be for use of the Division only and is

excluded from the Public Information Act.

Define: Level I and Level II .\

74-143A-4-4

1 (4) "Mobile home owner" or "homeowner" means a person 1.77

2 who owns a mobile home and rents or leases a lot witnin a

3 mobile home park for residential use.

4 (5) "Mobile home park owner" or "park owner" means an

5 owner or operator of a mobile home park.

6

7

8

(6) "Mobile home park" or "park" means a use of land

in which 10 or more lots or spaces are offered for rent or

lease for the placement of mobile homes and in which the

9 primary use of the park is residential.

10 (7) "Mobile home lot rental agreement" or "rental

1. 78

1. 79

1.80

1.81

1.82

1.84

11 agreement" means any mutual understanding, lease, or tenancy, 2.1

12 whether oral or written, between a mobile home owner and a

13 mobile home park owner in which the mobile horne owner is 2.3

14 entitled to place his mobile home on a mobile home lot for the 2.4

15 payment of consideration to the mobile home park owner. 2.5

16 (a) "Mobile home subdivision" means a subdivision of 2.6

17 mobile homes where individual lots are owned by owners and 2.7

18 where a portion of the subdivision or the amenities serving

19 the subdivision are retained by the subdivision developer. 2.8

20

21

22

(9) "Unreasonable" means arbitrary, capricious, or

inconsistent with this chapter.

720.104 Obligation of good faith and fair dealings.--

23 Every rental agreement or duty within this chapter imposes an

24 obligation of good faith and fair dealings in its performance

25 or enforcement.

26 720.105 Attorney's fees.--In any proceedings among a

27 owner and a mobile home owner or owners to enforce the

28 provisions of the rental agreement or this chapter, the

29 ling party is entitled to a reasonable attorney's

30 fee.

31

CODING; Word. in ~ ~ type ore deletions from existing low; words ..=.:~""-""'-w

5

2.9

2.10

2.11

2.13

74-143A-4-4

1 chapter, the prevailing party is entitled to a reasonable

2 attorney's fee.

3

4

5

720.106 Right of mobile home owners to peaceably

assemble; right to communicate.--

(1) No provision contained in any bylaw, rental

6 agreement, regulation, or rule pertaining to a mobile home

2.19

2.20

2.21

2.22

7 park shall infringe upon the right of the mobile home owners 2.25

8 to peaceably assemble in an open public meeting for any lawful 2.26

9 purpose, at reasonable times and in a reasonable manner, in 2.27

10 the common areas or recreational areas of the mobile home

11 park.

12 (2) No provision contained in any bylaw, rental

13 agreement, regulation, or rule pertaining to a mobile home

14 park shall infringe upon the right of the mobile home owners

15 or tenants to communicate or assemble among themselves, at

16 reasonable times and in a reasonable manner, for the purpose

17 of discuss ing any problems relat ive to the mobile home park.

18 Such discussions may be held in the common areas or

19 recreational areas of the park including halls or centers, or

2.28

2.29

2.30

2.32

2.33

2.34

2.36

20 in any resident's mobile home. In addition, the park owner or 2.38

21 developer may not unreasonably restrict the use of any

22

23

24

25

26

facility including the use of utilities, when requested.

(3) No provision contained in any bylaw, rental

agreement, regulation, or rule pertaining to a mobile home

park shall prohibit any mobile homeonwer from canvassing mObilt

home owners for the purposes described in this sUbsection.

27 purposes of this section, the term "canvassing" includes an

28 oral or written request, the distribution, circulation,

29 posting, or publication of a notice, or a general announcement

30

31

requesting the payment of membership dues or other mat~ers

relevant to the membership of the park association,

6

COOIHG: Wo,d, in ~ ~ type Qr .. d .. !elions from exi,tin9 low; words underlined or" addilians.

2.40

2.41

2.42

2.46

2.47

2.48

2.49

74-l43A-4-4

1 same time. Thereafter, all tenancies shall be for a minimum

2 of 1 year.

3 (4) The rental agreement shall contain the amount of

4 the rent, any security deposit, installation charges, fees,

5 assessments, services included, and any other financial

6 obligations of the mobile home owner.

7 (5) No fees or charges, other than those set forth in

8 the prospectus, shall be charged by the park owner during the

9 tenancy.

10 (6) If a mobile home owner has deposited or advanced

7.69

7.71

7.73

7.74

7.75

7.76

7.77

11 money on a rental agreement as security for performance of the 7.78

12 rental agreement, which is held in excess of 3 months by the 7.79

13 mobile home park owner or his agent, such deposit shall be

14 handled pursuant to s. 83.49.

15 (7) No rental agreement shall contain any ruI'es or

16 regulations prohibited by this chapter nor shall it provide

17 for promulgation or amendment of any rule or regulation

18 inconsistent with this chapter.

7.80

7.80

7.83

7.84

19 (8) No rental agreement shall provide for the eviction 7.84

20 of a mobile home owner on a ground other than one contained in 8.1

21 s. 720.208.

22

23 24

(9) The rules and regulations shall be deemed to be

incorporated into the rental agreement.

(10) The mobile home park owner shall notify each mobile

25 home owner, or if a homeowners' association has been established

~ shall notify the directors of such association, in writing of

27 any application for a change in zoning of the parK within 5

28 days after the filing for such zoning change with the zoning

29 authority.

30

31 (delete 720.202(1)

23

8.2

8.3

. :i' , J t

",~ .. j ~¥~.~~~.~ .\./p~ .. ,

"--~, .

./

...... '~~ . . ,j

./ ,"

... '.'

j

f.:

[,f

'~;,/ -":~'_i 1';~·" '",?, .•.• {.

.... " .. ' . ' .. -4"., ... .' :' .t,j.~0· .,;~~;:;:

.,.t"' .. J .r.':._'> .... ,.~,.,

,', ~. " "j

. :.~" ., .. , ':.!

r. t.,

~1 '.

-.:,..-•• <

. /,.,

,;z .

.....

',-'.'

.\

\ .~

)

. .. .-:.

.'

l' -/: .... .A_

)

(delete all of current page 24)

1 720.202 Lot rental increases: reduction in services or

2 utilities~ change in rules and regulations.--

3 (1) The park owner shall give written notice to each

4 mobile home owner at least 90 days prior to any lot rental

5 increase, reduction in services or utilities, or change in

6 rules and regulations. f1.h...-:; <iLA...-r,GA •.

7 (2) A committee, not to exceed 5 in number, designated

8 by a majority of the mobile home owners, or, if a homeowners'

9 association has been formed designated by the board of

10 directors, shall meet with the park owner to discuss such

11 change within 30 days of the notice from the park owner.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

(3) (a) If, after such meeting, a majority of all of the

mobile home owners declare, in Writing, ,or,if a homeowners' . - "'-f'''.e· J--\ ,''[ "-' ''''' \

association has be,en established, by a}v'ote at a duiy called

meeting, within 15 days of the meeting between the home

" owners and the park owrter, that the rental increase is

unreasonable, the decrease, in services or utilities is not

accompanied by a corresponding decrease in rent or is

otherwise unreasonable, or the change in the rules and

regulations is unreasonable, such mobile home owners. (may)

(shall) request that the matter be (mediated) (arbitrated)

(mediated or arbitrated) as provided in s. 720.203.

(b) If the m~le home owners ~~ve voted in the nega)ive

as to the issu~Of dispute descr~~d in this section,~~ if ~ , ~ \

no deciSioys made by the hO~/bwner'\, within 15 d,:)t4 after

the meeting between the home.~wners and the park~ner, an / / '. / indivi,.dual mobile home ow~r (may) (shall) requ6st that the

I / ' 1 matt.er be . (mediated) (a)tiitrated) (mediated, 91: arbitrated)

/' / / within days of t!1e meeting between the home owners and

-- I /f

the park owner (if he wishes to pursue/his claim). /

CODING: Wo,d. in ~ ~ type o,e deletions from existing iow; words onderlined Ore oddition$.

24

(delete all of current page 25)

1 (4)

2 relating to a dispute as described in this section may be

3 filed in any court unless and until a request has been

4 subm.i;tted to the division for· (mediation) (arbitration)

5 (mediation or arbitration) and has been processed in accord-

6 ance with s. 720. 203~ or'-T~;;"""cfays-~h;';'veerapsed~sTficethe

7 request for .. (fuedl,itTonr(arhi tr;~i't::[o'f'f}-'('r!re"diati:="''Or'~al:'bi,trati6n)

8 was filed ~liEh--thEnnvrsTo'n':-

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

<" .. ' '.)

COOING: Words in -...I. ~ type ore deletions from exiuing low; words underlined orl! oddilions.

25

1

2

3

4

5

6

7 ;

; ! 8

/' , 9 j

I, 'I'

,.I' 10 r p'/ \.,

I 11 \ \

12 ,

1,3 ""''''.

14

15

16

17

18

19

20

21

22

23

24

26

27

28

29

30

31

720. 203 ~1\.'l'-&i"'e'ra-t'i'0'l"l) (Dispute settlement).--, .

i/' J-;',,';

The division shall employ qualified mediators) (arbitrators)

to conduct the tmed.;LQJ;.i1J''J'l.,~~4a·rOl1;,r-&~) proceedings provided y., , .. ,] i~HJ ,) (1"';" • ~

for by tlt1:,s' d:'e't! ,aftd' t.he division shall promulgate rules of ... r0 <, 1· '!"~"':..r"

procedure to govern ~e .~&&&e« proceedings. ,",'.

(2) The mediation) (arbitration) as provided herein shall

not be binding unless ,the ,parties agree otherwise in writing.

'(3) All requests for (mediation) {arbitration) ieil:atihg to

samemobl1e home park and the same issue shall be consoli-

dated by the (mediator) (arbitrator) unless the (mediator)

(arbitrator) determines that substantial prejudice could

result.

(4) Where the parties have not agreed to be bound by

the result of the (mediation) (arbitration), a party is not ,for closed rom seeking

fa trial de novo in a court of competent jurisdiction. '["1'tre-

fmedi alXlt" S'1'i'E!'t'b·itra~s~~t!·isiofia~ancr-tneIactssuppOrttng"

i ~'ss i'b1 .. e·"'by-e'I"t]ntf"~1?'aITy~·rn#t"1ie' ''f'i i'al-de-no~a'nd

w:i~"9;i,ven~:ma~:imwu"'"Weight-"a i'lowed"'by'l aw 'wi tho1:lt;,

~lWz'~~i~i)g;.;,t::he;"biitden;""af 'l pioa f. J-~

(5)' t~lm'ediator,)'(a:rbi,tratorT is':",authorized to' requ~st vP ,

.:that'fhe division directo/'exercise his authority to ..'. /"': (

subpoena the books and records of a~ne~ if the

(mediator') '(arbi trator) determines that such information ~e>ulGl-i' "

assist in'resolv'i'ng the dispute.

720.205 Prohibited or unenforceable provisions in 9.7

mobile home lot rental agreements.-- 9.8

26

CODIHG: WorO. in ~ ~ 'YP" 0'" O"I"lio05 from exis,jn9 low; wOlds unde,lined or. additions.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25 (3) Only such rules and regulations as are clear,

26 unambiguous, properly promulgated, and reasonable shall be

27 enforceable.

28 (4) No rule or regulation shall provide for payment of

29 any fee, fine, assessment, or charge, except as otherwise

30 provided in the prospectus, or offering circular, as filed

31 under s. 720.303, and after the park owner has with

the set forth in subsection (2).

COOING: Words in ~ ~ type Ore deletion. from exi.ting law; word. vnderlined ore additions.

28

1

2 720. Eviction, grounds, proceedings.--

3 (1) The mobile home park owner may evict a mobile home

4 owner or a mobile home only on one or more of the grounds

5 provided in this section.

6 (a) Nonpayment of rent. If a mobile home owner fails to pay

7 rent when due and if the default containues for 3 days after

8 delivery of a written demand by the park owner for payment of

9 the rent, the mobile home park owner may terminate the tenancy

10 However, if the mobile home owner pays the rent due, including

11 any late charges, court costs, and attorney's fees, the court

12 may, for good cause, deny the order of eviction, provided that

13 this has not occurred more than twice.

14 (b) Conviction of a violation of a federal or state law

15 or local ordinance, which violation may be deemed detrimental

16 to the health, safety, or welfare of other residents of the

17 mobile home park.

18 (c) Violation of a park rule or regulation, the rental

19 agreement, or this chapter.

20

21

22

23

24

25

26

27

28

29

30

31

1. For the first violation of any properly promUlgated

rule or regulation, rental agreement provision or this

chapter which is found by any court having jurisdiction thereo

to have been an act which endangered the life, health, safety,

property or peaceful enjoyment of the mobile home park or its

residents, the mobile homg'otner may terminate the rental

agreement, and the mobile home owner shall have 7 days from

the date that the notice is delivered to vacate the premises.

2. For the second violation of the same properly

promulgated rule or regulation, rental agreement provision,

or this chapter within 12 months, the mobile home park owner

may terminate the tenan'cy provided the park owner has given

COOINe;, Word. in ~ ~ Iype ar" d"l"tion. Irorn ""i'Iin9 law; word. underlined or" "dditions.

29

1 the mobile home owner written notice within 30 days of the

2 first violation specifying the actions of the mobile home

3 owner causing the violation and giving the mobile home owner

4 7 days to correct the noncompliance. The mobile home owner

5 must receive written notice of the grounds upon which he is

6 to be evicted at least 30 days prior to the date

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

COOING: Word. in ~ ~ type are deletions from existing low; word. underlined ore odditions.

29-A

1 on which he is required to vacate. A second violation of a

2 properly promulgated rule or regulation, the rental agreement

3 or this chapter within 12 months of the first vioaltion

4 shall unequivocally be a ground for eviction, and it shall not

5 be a defense to any eviction proceeding that a violation has

6 been cured after the second violation. Violation of a rule or

7 regulation, the rental agreement or this chapter. after the

8 passage of 1 year from the first violation of the same rule or

9 regulation, the rental agreement or this chapter shall not

10 constitute a ground for eviction under this section.

11

12 No properly promulgated rule or regulation may be arbitrarily

13 applied and used as a ground for eviction.

14

15

16

17

18

19

20

21

22

23

24

(d) Change in use of land comprising the mObile home

park or a portion thereof on which a mobile home to be evicted

is located from mobile homelot rentals to some other use,

provided all tenants affected are given at least 6 months'

notice, or longer if provided for in a valid rental agreement t

of the projected change of use and of their need to secure

other accommodations.

(e) ~ailure of the purchaser of a mobile home situated ~-' ''';.!.,,;. ! ,,'

in the mobile home park!" to obtain approval to become a tenant,

if such approval is required by a properly promulgated rule.

(2) A mobile home park owner applying for the removal

25 of a mobile home or a mobile1 home owner t or both, shall file,

26 in the county court in the county where the mobile home lot is

27 situated, a complaint describing the lot and stating the facts

28 that authorize the removal of the mobile home and the mobile

29 home owner. The park owner shall be entitled to the summary

30· procedure provided in s. 51.0ll t and the court shall advance

31 the cause on the calendar.

CODIHG, Words in ~ ~ type gre deletions from nisling law; words IInderlined are additions.

30

1 (3) The delivery of any written notice required by this

2 section shall be by certified mail, return receipt requested.

3

4

S

6

7

e 9

10

11

12

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14

lS

16

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24

2S

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29

30 720.210 Remedies; removal of mobile home owneri process.-

31 In an action for possession, after entry of judgment

CODING: Wonh in ~ ~ type or., d"l"tio';s from "xisling low; words underlined are addition ••

31

74-143A-4-4

1 noncompliance as alleged in the complaint, or as determined by

the court. The court shall notify the mobile home owner of 11.10

3 such requirement. Failure of the mobile home owner to pay the 11.13

4 rent, or portion thereof, into the registry of the court as

5 required herein constitutes an absolute waiver of the mobile

6 home owner's defenses other than payment, and the park owner

7

8

9

is entitled to an immediate default.

(3) When the mobile home owner has deposited funds

into the registry of the court in accordance with the

10 provisions of this section and the park owner is in actual

11 danger of loss of the premises or other personal hardship

12 resulting from the loss of rental income from the premises,

13 the park owner may apply to the court for disbursement of all

14 or part of the funds or for prompt final heating, whereupon

11.14

11.15

11.16

11.17

11.18

11.19

11. 20

11.21

11. 22

15 the court shall advance the cause on the calendar. ~he court, 11.24

16 after preliminary hearing, may award all or any portion of the 11.25

17 funds on deposit to the park owner or may proceed immediately 11.26

18 to a final resol ut ion of the cause.

19 720.212 Legislative intent.--

w (1) It is the Legislature's intent that the division

21 assist mobile home owners and mobile home park mvners in

22 resolvin<;r dispu1;:es relating to the tenancy or the operation 11"---

2J ~djrnan~:gement o-:f the park prior to the parties' resorting

24 to the judicial system.

26

25 ,(2j', It is the further intent of the!egiSlature that all '\

matters r'e~ating to the landlord-tenant re' \tionshiP between

a mobile hollt'\Ownerand a mobile horne park o\ner I ~J...ud±rrg,,, .... ,,

28 i \:tJ:<e-c6"l'tt.;!;O.r·"of'\:.~nt'aj,."~m::-rea·ses, shall be reg~\ated by the

27

, ""'>." \.

state I and no polit~cal subdivision shall take an'y-, action ~ , 29

i with!

30 , .

31

33

11 res;\ct to such matte~s. All local sta~tes and ordi,ances in

l' confI\ct herewith are ~preSSlY repeale~." It is not ~e 3/ Legisl\ture1s intent th~ advisory boards ~other entities

4 not haV}'I{g the authority \0 enact laws be reempted.lf \ \ '

any provision of this act relating to the reg latory authbFity \. \ \ \

6 of the divis'ion is held invahd, it is the inteh~ of the \ \ " .', \

Legislature that this subsectio'n." also be held inv;;;:lid. \\ , .

PART III

9 REGULATION BY DIVISION I

10 720.301 Regulation by division.--The Division of Florida

11 Land Sales, Condominiums, and Mobile Homes of the Department

12 of Business Regulation has the power and duty to enforce

13 and ensure compliance with the provisions of this

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 !

29

30

31

33-A

2

1 chapter and rules promulgated pursuant hereto relating to the .~.Jl -·o~at~mal').,a'§"~~n4;~r development, and sale of mobile home

3 parks. T!ie.-di-visibn ... sha:l r not·~ have''''j ur isdiction· as ·,to· the

4In performing its duties, the divih3.:i>?_

5 sion shall ..-e the following pm.,rers and duties:

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

(1) The division may make necessary public or private

investigations within or outside this state to determine

whether any person has violated this chapter or any rule or

order hereunder, to aid in the enforcement of this chapter,

to aid in the adoption of rules or forms hereunder.

(2) The division may require or permit any person to

file a statement in writing, under oath or otherwise, as the

division determines, as to the facts and circumstances

concerning a matter to be investigated.

(3) For the purpose of any investigation under this

chapter, the division director or any officer or employee

or

designated by the division director may administer oaths or

affirmations, subpoena witnesses and compel their attendance,

take evidence, and require the production of any matter which

is relevant to the investigation, including the existence,

description, nature, custody, condition, and location of any

books, documents, or other tangible things and the identity

and location of persons having knowledge of relevant facts or

any other matter reasonably calculated to lead to the

discovery of material evidence. Upon failure to obey a

subpoena or to answer questions propounded by the

investigating officer and upon reasonable notice to all

persons affected thereby, the division may apply to the

circuit court for an order compelling compliance.

(4) The division is authorized to prepare information

11. 40

11. 42

11. 43

11.45

11.45

11.46

11. 47

11.48

11. 49

11. 50

11. 51

11.52

11. 53

11. 54

11. 55

11. 56

11. 57

11. 57

30 to assist prospective mobile .home owners, purchasers, lessees, 11.58

31 and developers of mobile home parks and mobile home 11.59

34

COOING; Wo,d, in ~ ~ Iyp .. Ore d .. l .. tions f,om .. xi.ling low; wo,d. und.,lin.d or .. oddilion •.

. ", ,Y·.-"

, jr~;' zt;{;O C lj. \~ Cff,.~--J· ?I i' V

(1) Every mobile home park ow~e7ishall prepare a prospectus

2 or offering circular and file it with the division prior to ~,.-,-.... ,.

entering into an enforceable rental agreement.

4 (2) The park owner shall furnish a copy of the prospectus

5 or offering circular to each prospective lessee; however, the

6 park owner shall not be required to furnish a copy of the

71 prospectus or offering circular if the tenancy is a renewal of

8 a tenancy where the mobile home owner has previously received

91 the prospectus or offering circular.

10 (3) Park 'owners of mobile home parks in which less than

11 100 splaces are offered.for rent or lease may prepare and file

12 a simplified prospectus, the form for which may be obtained

13 from the division.

14 (4) In the event that the park owner fails to' furnish

15 a prospectus or offering circular as required herein to a

16 mobile home owner who has entered into a rental agreement, it

17 shall be deemed a violation of this chapter. \ .

l8 (5-J ~e rental agreeme t is voidable b\ the lessee until

19 15 days afte the receipt by ~ e lessee of thJ\rospectus or

20 offering cire lar and all exhib'ts thereto, but in no event \

21 shall the period\of voidability tend beyond 45 days of

22 ~~itial occupanCY~f the park by

23 ca~el the rental a)reement, the

To

\ ~

24 deliJer written notic~'\to the park ower within 15 after \ '\

25 receipt\of the prospectus. or offering ;}:\Ular and shall\ \ \. \

26 thereupon" pe entitled to a \x;efund of any eposi t togethe;\ wi th

27 relocation costs for the mo~'D:e horne or th~arket value

28 thereof, from the park owner ~ \

29 C i

30

31

)

I

~~~~~~" \

.", / . "~

37

i :.

3

4

5

6

8

9

10

11

12

13

14

15

16

17 720.303 Prospectus or offering circular.--The prospectus

18 or offering circular required to be provided in s. 720.302

19 must contain the following information:

20 (1) The front cover or the first page must contain only:

21 (a) The name of the mobi le home park.

22

23

24

25

26

38

, . t<:

'" ;.-

(. v '

(b) The following statements in conspicuous type:

1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT

3 MATTERS TO BE CONSIDERED IN LEASING A MOBILE HOME LOT.

, .' ,.

4 2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NAT RE.

I 1

5 A PROSPECTIVE LESSEE SHOULD REFER TO ALL REFERENCES, ALL EXHIBIT

6 HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS.

3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY

8 STATING THE REPRESENTATIONS OF THE PARK OWNER OR OPERATION. REF R

9 TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR

10 CORRECT REPRESENTATIONS.

II 4. THE RENTAL AGREEMENT IS VOIDABLE BY THE LESSEE BY ... > .,,~ ...

12 DELIVERING }~RITTEN NOTI CE OF THE INTENT ;r6 CANC;EL rITHIN 15 • ~. I

13 AFTER ~Hi RECEIPT BY THE LESSEE OF THIS PROSPECTUS (OFFERING ,r···· -----<'

DAYS

. _ .. ~.r.".

15 (2) A separate index of the contents and exhibits of the

16 prospectus.

17 (3) Beginning on the first page of the text, not"incbudiAg

18 the, .,s.ununary "and""index'r"a~-descr,i ption".of,,~the-mobi Ie· home" park,

19 i~g"!iffl~1:""nO't-rim'it'e'd'-to,- the following information:

20 (a) Name and address or location of the mobile horne park.

21\tb1""~'e--'~narne~and...adaress~~6f~"t,he-mObil~ .• home-parK'·o,wner.

22 (c) The name and address of a person authorized to receive

I 25 home owner is notified otherwise. All notices of such names

'lj'y\}SY .. C26 add~E;s~~~-;';'~~~~~es ~~~e thereto

/\ 27 mobile home owner I s residence or,

\ 28 mobile home \,--=::±::=,~=",:":,:"_ .. ",,,,e,,~",,,,""""

(d) A ?escription of the mobile home park property, ~.'.I .• !:: : ._f',' . ••• .1: . r .. .,1 ~'~\I

30 including I ~~'bia6~~i$flt

shall be delivered to the

if specified in writing by the

",.:; 31 L The number of lots, ill_each sectioh;approximate size of

I :;~j~'ac):LJot, setback req;;'ir~me~ts and minimum separation dist(ll1c~ .. / 9'i:t:'~: .',:::~,,,~tween· mobile homesas:reqtiired by law. -,.';" ."., .. -

., , - - I ;,' r" ;":~- - - - -

39

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