THE BILL ITSELF
HB 853
Mobile Home Park Regulations
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A bill to be entitled
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An act relating to mobile home park regulations;
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amending s. 162.21, F.S.; authorizing counties and
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municipalities to adopt and enforce local laws, codes,
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or ordinances relating to mobile home park lot
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tenancies; authorizing a code enforcement officer to
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cite certain violations to a mobile home park owner or
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mobile home owner; amending s. 723.022, F.S.; revising
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the obligations and responsibilities of a mobile home
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park owner; amending s. 723.023, F.S.; revising the
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obligations and responsibilities of a mobile home
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owner; removing a provision that a mobile home owner
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is responsible for certain fines; authorizing a unit
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of local government to adopt and enforce local laws,
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ordinances, or codes for a specified purpose; amending
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s. 723.024, F.S.; authorizing a unit of local
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government to adopt and enforce local laws,
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ordinances, or codes for a specified purpose;
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authorizing a unit of local government to bring a
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civil proceeding against a mobile home park owner or
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mobile home lot under certain circumstances; amending
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s. 723.011, F.S.; conforming a cross-reference;
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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. Subsections (3) through (8) of section 162.21,
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Florida Statutes, are renumbered as subsections (4) through (9),
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respectively, present subsection (8) is amended, and a new subsection (3) is added to that section, to read:
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162.21 Enforcement of county or municipal codes or
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ordinances; penalties.—
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(3) A county or municipality may adopt and enforce local
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laws, codes, or ordinances to ensure compliance with chapter
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723. A code enforcement officer may cite violations of local
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laws, codes, or ordinances to a mobile home park owner or mobile
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home owner, as applicable under s. 723.022 or s. 723.023, for
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correction.
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(9)(8) The provisions of This section is an are additional
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and a supplemental means of enforcing county or municipal codes
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or ordinances and may be used for the enforcement of any code or
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ordinance, or for the enforcement of all codes and ordinances.
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Except as provided in paragraph (4)(b) (3)(b), nothing contained
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in this section does not shall prohibit a county or municipality
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from enforcing its codes or ordinances by any other means.
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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 must shall at all times:
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(a)(1) Comply with the requirements of applicable
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building, housing, fire, 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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(f) Require a mobile home owner to maintain a current
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mobile home registration and have a validation sticker on the
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mobile home at all times pursuant to chapter 320.
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(g) Maintain up-to-date records regarding each mobile home
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owner in the mobile home park and provide such records to the
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unit of local government upon request for the purpose of
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enforcing s. 723.023.
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(h) Require the removal of any exterior modifications,
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additions, or construction of any structure on a mobile home lot
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which was built without the written approval of the mobile home
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park owner or the requisite building permits.
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(i) Require a mobile home owner, or any person who has
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consent from the mobile home owner to be on the mobile home lot,
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to maintain his or her mobile home and mobile home lot in
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accordance with all applicable building, housing, fire, and
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health codes.
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(2) A mobile home park owner is responsible for correcting
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a violation of any local law, ordinance, or code cited by a unit
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of local government under s. 723.024.
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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 must at all times 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, fire, 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 mobile
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home lot premises with the mobile home owner's his or her
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consent to comply with such rules. The mobile home owner and to
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conduct themselves, and other persons on the mobile home lot
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premises with the mobile home owner's his or her consent must
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conduct themselves, in a manner that does not unreasonably
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disturb other residents of the park or constitute a breach of
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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 unit of local government may adopt and enforce local
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laws, ordinances, or codes to ensure compliance with this
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section and s. 723.022. A mobile home owner is responsible for
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correcting a violation of any local law, ordinance, or code
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cited by a unit of local government under s. 723.024.
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Section 4. Section 723.024, Florida Statutes, is amended
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to read:
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723.024 Compliance by mobile home park owners and mobile
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home owners.—Notwithstanding any other provision of this chapter
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or of any local law, ordinance, or code:
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(1) A unit of local government may adopt and enforce local
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laws, ordinances, or codes to ensure compliance with ss. 723.022
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and 723.023. If a unit of local government finds that a
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violation of a local law, code, or ordinance has occurred, the
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unit of local government shall cite the responsible party for
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the violation and enforce the citation under its local code and
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ordinance enforcement authority.
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(2) A lien, penalty, fine, or other administrative or
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civil proceeding may not be brought against a mobile home owner
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or mobile home for any duty or responsibility of the mobile home
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park owner under s. 723.022 or against a mobile home park owner
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or mobile home lot park property for any duty or responsibility
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of the mobile home owner under s. 723.023.
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(3) Notwithstanding subsection (2), a unit of local
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government may bring a lien, penalty, fine, or other
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administrative civil proceeding under chapter 162, or other
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applicable law, against a mobile home park owner or a mobile
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home lot when all of the following occur:
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(a) The unit of local government has provided written
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notice to a mobile home park owner of a code violation on a
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mobile home lot on which a mobile home is placed.
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(b) The time period in the written notice for correcting
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such violation has expired.
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(c) The mobile home park owner has failed to take
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reasonable steps to comply with local laws, codes, or
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ordinances.
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Section 5. 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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Section 6. This act shall take effect July 1, 2026.