THE BILL ITSELF
HB 703
Mobile Home Park Lot Tenancies
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A bill to be entitled
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An act relating to mobile home park lot tenancies;
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amending s. 723.005, F.S.; revising the powers and
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duties of the Division of Florida Condominiums,
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Timeshares, and Mobile Homes; amending ss. 723.022 and
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723.023, F.S.; authorizing a person injured by a
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violation of state law to file a complaint with the
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Department of Legal Affairs; providing the department
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authority to enforce compliance with state law;
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authorizing the department to adopt rules; amending s.
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723.033, F.S.; providing factors a court may consider
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when determining if a rent increase or resulting lot
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rental increase is unreasonable; creating s. 723.034,
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F.S.; prohibiting a mobile home park owner or such
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owner's employees or agents from engaging in certain
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actions relating to electronic billing or payment
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systems; providing for retroactive applicability;
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authorizing a person injured by a violation of state
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law to file a complaint with the Department of Legal
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Affairs; providing the department authority to enforce
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compliance with state law; authorizing the department
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to adopt rules; amending s. 723.037, F.S.; requiring
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certain proof of expenses or factors to be included in
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a notice for a proposed increase in lot rental amount;
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requiring a park owner or subdivision developer to
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disclose and explain all relevant invoices, evidence,
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or other proof that was used in the decision to
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increase the lot rental amount; requiring a park owner
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to reduce the lot rental amount under certain
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circumstances; authorizing a person to file a
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complaint with the Department of Legal Affairs if a
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park owner fails to provide certain information;
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providing the department authority to enforce
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compliance with state law; authorizing the department
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to adopt rules; amending s. 723.038, F.S.; authorizing
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a person to file a complaint with the Department of
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Legal Affairs if a party to a dispute refuses to
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mediate; requiring the department to appoint a
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mediator and mediation to begin within a specified
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timeframe; amending s. 723.061, F.S.; revising the
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circumstances under which, and the timeframe in which,
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a park owner may terminate a tenancy; authorizing
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specified persons or entities to pay a lot rental
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amount in a certain manner; requiring the park owner
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to accept such payment; providing when an amount due
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is paid when paying by check; prohibiting properly
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promulgated rules and regulations from being used by a
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mobile home park owner in a certain manner; amending
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s. 723.0611, F.S.; specifying the purpose of the
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Florida Mobile Home Relocation Corporation; amending
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s. 723.0612, F.S.; revising dollar amounts for certain
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expenses due to a change in use of the land on which a
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mobile home park is located; authorizing a moving
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contractor to redeem a voucher within a specified
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timeframe; amending s. 723.011, F.S.; conforming a
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cross-reference; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 723.005, Florida Statutes, is amended
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to read:
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723.005 Regulation by division.—Except as provided in this
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chapter, the division has the power and duty to enforce and
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ensure compliance with the provisions of this chapter and rules
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promulgated pursuant hereto relating to the rental, development,
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and sale of mobile home parks. However, the division does not
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have the power or duty to enforce mobile home park rules and
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regulations or to enforce the provisions of ss. 723.022,
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723.023, and 723.033.
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Section 2. Section 723.022, Florida Statutes, is amended
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to read:
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723.022 Mobile home park owner's general obligations.—
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(1) A mobile home park owner shall at all times:
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(a)(1) Comply with the requirements of applicable
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building, housing, and health codes.
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(b)(2) Maintain buildings and improvements in common areas
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in a good state of repair and maintenance and maintain the
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common areas in a good state of appearance, safety, and
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cleanliness.
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(c)(3) Provide access to the common areas, including
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buildings and improvements thereto, at all reasonable times for
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the benefit of the park residents and their guests.
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(d)(4) Maintain utility connections and systems for which
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the park owner is responsible in proper operating condition.
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(e)(5) Comply with properly promulgated park rules and
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regulations and require other persons on the premises with his
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or her consent to comply therewith and conduct themselves in a
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manner that does not unreasonably disturb the park residents or
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constitute a breach of the peace.
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(2) A person who is injured by a violation of this section
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may file a complaint with the Department of Legal Affairs. The
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Department of Legal Affairs has the authority to enforce
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compliance with this section. The Department of Legal Affairs
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may adopt rules to implement this subsection.
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Section 3. Section 723.023, Florida Statutes, is amended
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to read:
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723.023 Mobile home owner's general obligations.—
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(1) A mobile home owner shall:
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(a)(1) At all times comply with all obligations imposed on
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mobile home owners by applicable provisions of building,
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housing, and health codes, including compliance with all
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building permits and construction requirements for construction
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on the mobile home and lot. The home owner is responsible for
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all fines imposed by the local government for noncompliance with
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any local codes.
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(b)(2) At all times keep the mobile home lot that he or
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she occupies clean, neat, and sanitary, and maintained in
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compliance with all local codes.
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(c)(3) At all times comply with properly promulgated park
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rules and regulations and require other persons on the premises
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with his or her consent to comply with such rules and to conduct
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themselves, and other persons on the premises with his or her
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consent, in a manner that does not unreasonably disturb other
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residents of the park or constitute a breach of the peace.
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(d)(4) Receive written approval from the mobile home park
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owner before making any exterior modification or addition to the
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home.
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(e)(5) When vacating the premises, remove any debris and
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other property of any kind which is left on the mobile home lot.
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(2) A person who is injured by a violation of this section
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may file a complaint with the Department of Legal Affairs. The
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Department of Legal Affairs has the authority to enforce
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compliance with this section. The Department of Legal Affairs
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may adopt rules to implement this subsection.
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Section 4. Subsection (6) of section 723.033, Florida
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Statutes, is amended to read:
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723.033 Unreasonable lot rental agreements; increases,
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changes.—
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(6) In determining whether a rent increase or resulting
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lot rental amount is unreasonable, the court may consider
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economic or other factors, including, but not limited to, all of
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the following:
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(a) The number of active sales within the mobile home park
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at the time the notice of rent increase is issued.
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(b) Incentives and other discounts being offered to new
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purchasers by the mobile home park owner or the mobile home
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owner.
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(c) The number of mobile homes abandoned or the number of
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titles transferred by the mobile home owner to the mobile home
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park owner in the previous 12 months for the purpose of avoiding
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eviction or to otherwise not terminate an existing rental
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agreement.
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(d) Increases or decreases in the consumer price index,
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published by the Bureau of Labor Statistics of the Department of
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Labor.;
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(e) Increases or decreases in operating costs or taxes.;
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and
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(f) Prior disclosures.
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Section 5. Section 723.034, Florida Statutes, is created
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to read:
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723.034 Requirements for electronic billing or payment
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systems.—
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(1) A mobile home park owner may not engage, or permit an
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employee or agent of the park owner to engage, in any of the
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following acts or practices:
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(a) Requiring a mobile home owner to use an electronic
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billing or payment system as the only method to pay the lot
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rental amount or user fees.
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(b) Assessing a fee or other charge to a mobile home owner
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for his or her refusal or inability to pay the lot rental amount
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or user fees through an electronic billing or payment system
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used by the mobile home park owner.
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(c) Using an electronic billing or payment system that
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requires a mobile home owner to waive individual or collective
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rights or remedies otherwise provided by law.
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(d) Using an electronic billing or payment system that
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collects, or requires access to, a mobile home owner's personal
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data or data that is stored on a mobile home owner's device
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beyond which is necessary to make a payment for the lot rental
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amount or user fees.
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(2) This section applies prospectively and retroactively
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to all lot rental agreements existing on July 1, 2026.
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(3) A person who is injured by a violation of this section
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may file a complaint with the Department of Legal Affairs. The
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Department of Legal Affairs has the authority to enforce
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compliance with this section. The Department of Legal Affairs
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may adopt rules to implement this subsection.
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Section 6. Subsection (2), paragraph (b) of subsection
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(4), and subsection (6) of section 723.037, Florida Statutes, are amended to read:
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723.037 Lot rental increases; reduction in services or
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utilities; change in rules and regulations; mediation.—
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(2) Notice as required by this section shall, in addition
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to the information required in subsection (1), must only be
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required to include the dollar amount of the relevant portions
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of the present lot rental amount that are being increased and
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the dollar amount of the proposed increases in lot rental amount
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if there is an increase in the lot rental amount, the reduction
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in services or utilities, or the change in rules and regulations
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and the effective date thereof. If there is a proposed increase
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in the lot rental amount, all relevant invoices, evidence, or
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proof that shows the expenses or material factors causing the
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increase in the lot rental amount must be included in such
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notice.
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(4)
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(b)1. At the meeting, the park owner or subdivision
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developer shall in good faith disclose and explain all expenses
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or material factors, including all relevant invoices, evidence,
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or other proof, resulting in the decision to increase the lot
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rental amount, reduce services or utilities, or change rules and
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regulations, including how those factors justify the specific
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change proposed. The park owner or subdivision developer may not
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limit the discussion of the reasons for the change to
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generalities only, such as, but not limited to, increases in
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operational costs, changes in economic conditions, or rents
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charged by comparable mobile home parks. For example,
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2. If the reason for an increase in lot rental amount is
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an increase in operational costs, the park owner must disclose
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and provide evidence of the item or items which have increased,
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the amount of the increase, any similar item or items which have
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decreased, and the amount of the decrease.
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3. If an amenity, a service, or a utility is no longer
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available to mobile home owners, the park owner must reduce
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their lot rental amount.
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4. If an increase is based upon the lot rental amount
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charged by comparable mobile home parks, the park owner shall
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disclose, and provide in writing to the committee at or before
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the meeting, the name, address, lot rental amount, and any other
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relevant factors relied upon by the park owner, such as
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facilities, services, and amenities, concerning the comparable
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mobile home parks. The information concerning comparable mobile
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home parks to be exchanged by the parties is to encourage a
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dialogue concerning the reasons used by the park owner for the
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increase in lot rental amount and to encourage the home owners
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to evaluate and discuss the reasons for those changes with the
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park owner. The park owner shall prepare a written summary of
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the material factors and retain a copy for 3 years. The park
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owner shall provide the committee a copy of the summary at or
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before the meeting.
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2. The park owner shall not limit the comparable mobile
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home park disclosure to those mobile home parks that are owned
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or operated by the same owner or operator as the subject park,
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except in certain circumstances, which include, but are not
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limited to:
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a. That the market area for comparable mobile home parks
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includes mobile home parks owned or operated by the same entity
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that have similar facilities, services, and amenities;
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b. That the subject mobile home park has unique attributes
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that are shared with similar mobile home parks;
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c. That the mobile home park is located in a geographic or
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market area that contains few comparable mobile home parks; or
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d. That there are similar considerations or factors that
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would be considered in such a market analysis by a competent
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professional and would be considered in determining the
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valuation of the market rent.
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5. The park owner shall prepare a written summary of the
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expenses and material factors required in this paragraph and
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retain a copy for 3 years. The park owner shall provide the
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committee a copy of the summary at or before the meeting.
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This subsection is not intended to be enforced by civil or
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administrative action. Rather, the meetings and discussions are
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intended to be in the nature of settlement discussions prior to
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the parties proceeding to mediation of any dispute.
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(6) If a party requests mediation and the opposing party
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refuses to agree to mediate upon proper request, the party
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refusing to mediate is shall not be entitled to attorney
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attorney's fees in any action relating to a dispute described in
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this section. Notwithstanding subsections (4) and (5), a person
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may file a complaint with the Department of Legal Affairs if the
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park owner fails to provide relevant invoices, evidence, or
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proof of the expenses or material factors causing a proposed
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increase in the lot rental amount. The Department of Legal
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Affairs has the authority to enforce compliance with this
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section. The Department of Legal Affairs may adopt rules to
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implement this subsection.
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Section 7. Subsection (4) of section 723.038, Florida
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Statutes, is amended to read:
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723.038 Dispute settlement; mediation.—
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(4)(a) After the date of the last scheduled meeting held
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pursuant to s. 723.037(4), the parties to a dispute may agree to
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immediately select a mediator and initiate mediation proceedings
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pursuant to this section. The parties may accept the mediator
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appointed by the division or, within 30 days, select a mediator
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to mediate the dispute pursuant to subsection (2).
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(b) The parties shall each pay a $250 filing fee to the
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mediator appointed by the division or selected by the parties
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within 30 days after the division notifies the parties of the
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appointment of the mediator. The $250 filing fee shall be used
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by the mediator to defray the hourly rate charged for mediation
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of the dispute. Any portion of the filing fee not used shall be
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refunded to the parties.
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(c) If a party to the dispute refuses to mediate, the
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other party may file a complaint with the Department of Legal
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Affairs. Within 10 business days after receipt of the complaint,
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the Department of Legal Affairs must appoint a mediator and
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mediation must begin in accordance with this section.
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Section 8. Paragraphs (a), (b), and (c) of subsection (1)
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of section 723.061, Florida Statutes, are amended to read:
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723.061 Eviction; grounds, proceedings.—
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(1) A mobile home park owner may evict a mobile home
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owner, a mobile home tenant, a mobile home occupant, or a mobile
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home only on one or more of the following grounds:
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(a) Nonpayment of the lot rental amount. If a mobile home
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owner, or tenant, or occupant, whoever whichever is responsible,
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fails to pay the lot rental amount when due and such failure to
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pay is not caused, directly or indirectly, by the park owner's
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refusal to accept payment for the lot rental amount or because
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the park owner has restricted the ability of the mobile home
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owner, tenant, or occupant to pay the lot rental amount when
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due, and if the default continues for 10 5 days after delivery
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of a written demand by the mobile home park owner for payment of
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the lot rental amount, the park owner may terminate the tenancy.
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The mobile home owner, tenant, or occupant; a family member or
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friend of the mobile home owner, tenant, or occupant; or any
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other person, organization, or charity may pay the lot rental
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amount by check or an electronic transfer, and such payment must
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be accepted by the park owner, operator of the mobile home park,
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or other designee of the park owner. If payment is made by
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check, the amount due is considered paid at the time the check
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is delivered to the park owner, operator of the mobile home
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park, or other designee of the park owner. However, if the
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mobile home owner, or tenant, or occupant; a family member or
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friend of the mobile home owner, tenant, or occupant; or any
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other person, organization, or charity whichever is responsible,
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pays the lot rental amount due, including any late charges,
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court costs, and attorney attorney's fees, the court may, for
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good cause, deny the order of eviction, if such nonpayment has
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not occurred more than twice.
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(b) Conviction of a violation of a federal or state law or
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local ordinance, if the violation is detrimental to the health,
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safety, or welfare of other residents of the mobile home park.
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The mobile home owner, or mobile home tenant, or mobile home
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occupant must vacate the premises within 7 days after the date
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the notice to vacate is delivered. This paragraph constitutes
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grounds to deny an initial tenancy of a purchaser of a home
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under paragraph (e) or to evict an unapproved occupant of a
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home.
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(c) Violation of a park rule or regulation, the rental
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agreement, or this chapter.
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1. For the first violation of any properly promulgated
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rule or regulation, rental agreement provision, or this chapter
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which is found by any court of competent jurisdiction to have
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been an act that endangered the life, health, safety, or
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property of the park residents or employees or the peaceful
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enjoyment of the mobile home park by its residents, the mobile
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home park owner may terminate the rental agreement, and the
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mobile home owner, tenant, or occupant must vacate the premises
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within 7 days after the notice to vacate is delivered.
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2. For a second violation of the same properly promulgated
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rule or regulation, rental agreement provision, or this chapter
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within 12 months, the mobile home park owner may terminate the
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tenancy if she or he has given the mobile home owner, tenant, or
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occupant written notice, within 30 days after the first
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violation, which specified the actions of the mobile home owner,
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tenant, or occupant that caused the violation and gave the
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mobile home owner, tenant, or occupant 7 days to correct the
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noncompliance. The mobile home owner, tenant, or occupant must
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have received written notice of the ground upon which she or he
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is to be evicted at least 30 days before prior to the date on
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which she or he is required to vacate. A second violation of a
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properly promulgated rule or regulation, rental agreement
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provision, or this chapter within 12 months after of the first
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violation is unequivocally a ground for eviction, and it is not
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a defense to any eviction proceeding that a violation has been
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cured after the second violation. Violation of a rule or
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regulation, rental agreement provision, or this chapter more
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than 1 year after the first violation of the same rule or
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regulation, rental agreement provision, or this chapter does not
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constitute a ground for eviction under this section.
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A properly promulgated rule or regulation may not be arbitrarily
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applied and used as a ground for eviction or used as a basis for
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a mobile home park owner to refuse to accept the payment of the
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lot rental amount by any means, other than cash, or to otherwise
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restrict the ability of a mobile home owner, a tenant, or an
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occupant to pay the lot rental amount when due.
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Section 9. Paragraph (a) of subsection (1) of section
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723.0611, Florida Statutes, is amended to read:
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723.0611 Florida Mobile Home Relocation Corporation.—
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(1)(a) There is created the Florida Mobile Home Relocation
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Corporation to address voluntary closures of mobile home parks
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due to a change in the use of the land comprising the mobile
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home park. The corporation shall be administered by a board of
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directors made up of six members, three of whom shall be
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appointed by the Secretary of Business and Professional
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Regulation from a list of nominees submitted by the largest
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nonprofit association representing mobile home owners in this
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state, and three of whom shall be appointed by the Secretary of
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Business and Professional Regulation from a list of nominees
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submitted by the largest nonprofit association representing the
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manufactured housing industry in this state. All members of the
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board of directors, including the chair, shall be appointed to
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serve for staggered 3-year terms.
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Section 10. Paragraph (b) of subsection (1) and
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subsections (4) and (7) of section 723.0612, Florida Statutes,
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are amended to read:
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723.0612 Change in use; relocation expenses; payments by
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park owner.—
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(1) If a mobile home owner is required to move due to a
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change in use of the land comprising the mobile home park as set
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forth in s. 723.061(1)(d) and complies with the requirements of
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this section, the mobile home owner is entitled to payment from
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the Florida Mobile Home Relocation Corporation of:
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(b) The amount of $6,500 $3,000 for a single-section
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mobile home or $11,500 $6,000 for a multisection mobile home,
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whichever is less. Moving expenses include the cost of taking
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down, moving, and setting up the mobile home in a new location.
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(4) The Florida Mobile Home Relocation Corporation must
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approve payment within 45 days after receipt of the information
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set forth in subsection (3), or payment is deemed approved. A
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copy of the approval must be forwarded to the park owner with an
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invoice for payment. Upon approval, the corporation shall issue
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a voucher in the amount of the contract price for relocating the
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mobile home. The moving contractor may redeem the voucher within
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2 years after the date of issuance from the corporation
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following completion of the relocation and upon approval of the
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relocation by the mobile home owner.
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(7) In lieu of collecting payment from the Florida Mobile
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Home Relocation Corporation as set forth in subsection (1), a
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mobile home owner may abandon the mobile home in the mobile home
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park and collect $5,000 $1,375 for a single section and $7,000
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$2,750 for a multisection from the corporation as long as the
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mobile home owner delivers to the park owner the current title
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to the mobile home duly endorsed by the owner of record and
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valid releases of all liens shown on the title. If a mobile home
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owner chooses this option, the park owner must pay shall make
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payment to the corporation $1,375 for a single section mobile
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home and $2,750 for a multisection mobile home in an amount
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equal to the amount the mobile home owner is entitled to under
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this subsection. The mobile home owner's application for funds
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under this subsection requires shall require the submission of a
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document signed by the park owner stating that the home has been
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abandoned under this subsection and that the park owner agrees
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to make payment to the corporation in the amount provided herein
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to the home owner under this subsection. However, in the event
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that the required documents are not submitted with the
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application, the corporation may consider the facts and
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circumstances surrounding the abandonment of the home to
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determine whether the mobile home owner is entitled to payment
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under pursuant to this subsection. The mobile home owner is not
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entitled to any compensation under this subsection if there is a
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pending eviction action for nonpayment of lot rental amount
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pursuant to s. 723.061(1)(a) which was filed against him or her
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before prior to the mailing date of the notice of change in the
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use of the mobile home park given pursuant to s. 723.061(1)(d).
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Section 11. Paragraph (b) of subsection (6) of section
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723.011, Florida Statutes, is amended to read:
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723.011 Disclosure prior to rental of a mobile home lot;
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prospectus, filing, approval.—
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(6)
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(b) If a park owner violates this section and a lessee
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suffers a substantial loss or damage to the lessee's mobile home
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or personal property as a result of flooding, the lessee may
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terminate the rental agreement by giving a written notice of
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termination to the park owner no later than 30 days after the
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date of the damage or loss. Termination of a rental agreement
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under this section is effective when the requirements of s.
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723.023(1)(e) s. 723.023(5) are met. For the purpose of this
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paragraph, the term "substantial loss or damage" means the total
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cost of repairs to or replacement of the mobile home and
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personal property is 50 percent or more of the mobile home and
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personal property's market value on the date the flooding
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occurred.
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This act shall take effect July 1, 2026. Section 12.