Florida 2023 Regular Session

Florida House Bill H0751 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 751 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0751-00
9	9	Page 1 of 16
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to mobile and manufactured homes; 2
16	16	amending s. 212.05, F.S.; providing a tax for the sale 3
17	17	of pre-owned mobile homes and pre -owned manufactured 4
18	18	homes; amending s. 723.003, F.S.; revising 5
19	19	definitions; amending s. 723.005, F.S.; authorizing 6
20	20	the Office of the Attorney General, rather than the 7
21	21	Division of Florida Condominiums, Timeshares, and 8
22	22	Mobile Homes, to enforce certain compliance; amending 9
23	23	s. 723.022, F.S.; revising mobile home park owners' 10
24	24	obligations; amending s. 723.037, F.S.; authorizing 11
25	25	mobile home park owners and mobile home owners to 12
26	26	initiate presuit mediation without petitioning the 13
27	27	division; making technical changes; amending s. 14
28	28	723.038, F.S.; revising the dispute resolution 15
29	29	process; removing the requirement that parties 16
30	30	petition the division to initiate mediation; 17
31	31	authorizing parties to submit certain disputes to 18
32	32	presuit mediation; providing that some disputes are 19
33	33	not eligible for presuit mediation; removing 20
34	34	provisions to conform to changes made by the act; 21
35	35	amending s. 723.0381, F.S. ; authorizing parties to 22
36	36	file actions in circuit court under certain 23
37	37	conditions; amending s. 723.059, F.S.; providing 24
38	38	requirements for screening prospective purchasers; 25
39	39
40	40	HB 751 2023
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0751-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	amending s. 723.068, F.S.; authorizing courts to award 26
52	52	treble damages in certain procee dings; requiring 27
53	53	courts to state basis for treble damages award in 28
54	54	their judgments; amending s. 723.079, F.S.; 29
55	55	authorizing homeowners' associations to institute, 30
56	56	maintain, settle, and appeal certain actions and 31
57	57	hearings; providing an effective date. 32
58	58	33
59	59	Be It Enacted by the Legislature of the State of Florida: 34
60	60	35
61	61	Section 1. Paragraph (o) is added to subsection (1) of 36
62	62	section 212.05, Florida Statutes, to read: 37
63	63	212.05 Sales, storage, use tax. —It is hereby declared to 38
64	64	be the legislative intent that every person is exercising a 39
65	65	taxable privilege who engages in the business of selling 40
66	66	tangible personal property at retail in this state, including 41
67	67	the business of making or facilitating remote sales; who rents 42
68	68	or furnishes any of the things or services taxable under this 43
69	69	chapter; or who stores for use or consumption in this state any 44
70	70	item or article of tangible personal property as defined herein 45
71	71	and who leases or rents such property within the state. 46
72	72	(1) For the exercise of such privilege, a tax is levied on 47
73	73	each taxable transaction or incident, which tax is due and 48
74	74	payable as follows: 49
75	75	(o) At the rate of 0 percent of the sales price on the 50
76	76
77	77	HB 751 2023
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0751-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	sale of a pre-owned mobile home, as defined in s. 723.003, or a 51
89	89	pre-owned manufactured home, as defined in s. 320.01(2)( b). 52
90	90	Section 2. Subsection (7) and subsections (8) through (17) 53
91	91	of section 723.003, Florida Statutes, are renumbered as 54
92	92	subsection (17) and subsections (7) through (16), respectively, 55
93	93	and present subsection (7) and subsection (18) of that section 56
94	94	are amended to read: 57
95	95	723.003 Definitions. —As used in this chapter, the term: 58
96	96	(17)(7)(a) "Presuit mediation" means a process whereby a 59
97	97	mediator appointed by the Division of Florida Condominiums, 60
98	98	Timeshares, and Mobile Homes, or mutually selected by the 61
99	99	parties, acts to encourage and facilitate the resolution of a 62
100	100	dispute. It is an informal and nonadversarial process with the 63
101	101	objective of helping the disputing parties reach a mutually 64
102	102	acceptable agreement. 65
103	103	(b) For purposes of presuit mediation under ss. 723.0 37 66
104	104	and 723.038, the term "parties" means a park owner as defined in 67
105	105	subsection (12)(13) and a homeowners' committee selected 68
106	106	pursuant to s. 723.037. 69
107	107	(18) "Proportionate share" as used in subsection (16)(17) 70
108	108	means an amount calculated by dividing equally among the 71
109	109	affected developed lots in the park the total costs for the 72
110	110	necessary and actual direct costs and impact or hookup fees 73
111	111	incurred for governmentally mandated capital improvements 74
112	112	serving the recreational and common areas and all affected 75
113	113
114	114	HB 751 2023
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118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0751-00
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	developed lots in the park. 76
126	126	Section 3. Section 723.005, Florida Statutes, is amended 77
127	127	to read: 78
128	128	723.005 Regulation by division and Office of the Attorney 79
129	129	General.—The division has the power and duty to enforce and 80
130	130	ensure compliance with the provisions of this chapter and rules 81
131	131	adopted promulgated pursuant hereto relating to the rental, 82
132	132	development, and sale of mobile home parks . However, The Office 83
133	133	of the Attorney General has division does not have the power and 84
134	134	or duty to enforce compliance with this chapter an d the rules 85
135	135	adopted pursuant hereto, including mobile home park rules and 86
136	136	regulations or to enforce the provisions of ss. 723.022, 87
137	137	723.023, and 723.033. 88
138	138	Section 4. Subsections (3), (4), and (5) of section 89
139	139	723.022, Florida Statutes, are renumbered as su bsections (4), 90
140	140	(5), and (6), respectively, present subsection (3) is amended, 91
141	141	and a new subsection (3) and subsections (7) and (8) are added 92
142	142	to that section, to read: 93
143	143	723.022 Mobile home park owner's general obligations. —A 94
144	144	mobile home park owner shall at all times: 95
145	145	(3) Maintain improvements located on a mobile home lot for 96
146	146	which the park owner is responsible in a good state of repair 97
147	147	and maintenance and maintain such improvements in a good state 98
148	148	of appearance, safety, and cleanliness. 99
149	149	(4)(3) Provide mobile home owners and their guests, 100
150	150
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
161	161
162	162	homeowners' associations organized under this chapter, and other 101
163	163	groups or entities organized by mobile home owners use and 102
164	164	access to the common areas, including buildings and improvements 103
165	165	thereto, at all reasonable tim es without charging additional 104
166	166	fees or requiring additional insurance coverage, if the use and 105
167	167	access is already covered by an existing insurance policy held 106
168	168	by the park owner for the benefit of the park residents and 107
169	169	their guests. 108
170	170	(7) Refrain from enfor cing any park rule or regulation 109
171	171	that is not adopted in accordance with ss. 723.035 and 723.037. 110
172	172	(8) Refrain from collecting any lot rental increases that 111
173	173	are subject to pending mediation or litigation. 112
174	174	Section 5. Subsections (4) through (7) of secti on 723.037, 113
175	175	Florida Statutes, are amended to read: 114
176	176	723.037 Lot rental increases; reduction in services or 115
177	177	utilities; change in rules and regulations; presuit mediation.— 116
178	178	(4)(a) A committee, not to exceed five in number, 117
179	179	designated by a majority of the affected mobile home owners or 118
180	180	by the board of directors of the homeowners' association, if 119
181	181	applicable, and the park owner shall meet, at a mutually 120
182	182	convenient time and place no later than 60 days before the 121
183	183	effective date of the change to discuss the reas ons for the 122
184	184	increase in lot rental amount, reduction in services or 123
185	185	utilities, or change in rules and regulations. The negotiating 124
186	186	committee shall make a written request for a meeting with the 125
187	187
188	188	HB 751 2023
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0751-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
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199	199	park owner or subdivision developer to discuss those matters 126
200	200	addressed in the 90-day notice, and may include in the request a 127
201	201	listing of any other issue, with supporting documentation, that 128
202	202	the committee intends to raise and discuss at the meeting. The 129
203	203	committee shall address all lot rental amount increases that are 130
204	204	specified in the notice of lot rental amount increase, 131
205	205	regardless of the effective date of the increase. 132
206	206	(b)1. At the meeting, the park owner or subdivision 133
207	207	developer shall in good faith disclose and explain all material 134
208	208	factors resulting in the decision to increase the lot rental 135
209	209	amount, reduce services or utilities, or change rules and 136
210	210	regulations, including how those factors justify the specific 137
211	211	change proposed. The park owner or subdivision developer may not 138
212	212	limit the discussion of the reasons for the change to 139
213	213	generalities only, such as, but not limited to, increases in 140
214	214	operational costs, changes in economic conditions, or rents 141
215	215	charged by comparable mobile home parks. For example, if the 142
216	216	reason for an increase in lot rental amount is an increase in 143
217	217	operational costs, the park owner must disclose the item or 144
218	218	items which have increased, the amount of the increase, any 145
219	219	similar item or items which have decreased, and the amount of 146
220	220	the decrease. If an increase is based upon the lot rental amount 147
221	221	charged by comparable mobile home parks, the park owner shall 148
222	222	disclose, and provide in writing to the committee at or before 149
223	223	the meeting, the name, address, lot rental amount, and any other 150
224	224
225	225	HB 751 2023
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229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0751-00
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234	234
235	235
236	236	relevant factors relied upon by the park owner, such as 151
237	237	facilities, services, and amenities, concerning the comparable 152
238	238	mobile home parks. The information concerning comparable mobile 153
239	239	home parks to be exchanged by the parties is to encourage a 154
240	240	dialogue concerning the reasons used by the park owner for the 155
241	241	increase in lot rental amou nt and to encourage the home owners 156
242	242	to evaluate and discuss the reasons for those changes with the 157
243	243	park owner. The park owner shall prepare a written summary of 158
244	244	the material factors and retain a copy for 3 years. The park 159
245	245	owner shall provide the committee a copy of the summary at or 160
246	246	before the meeting. 161
247	247	2. The park owner may shall not limit the comparable 162
248	248	mobile home park disclosure to those mobile home parks that are 163
249	249	owned or operated by the same owner or operator as the subject 164
250	250	park, except in certain ci rcumstances, which include, but are 165
251	251	not limited to: 166
252	252	a. That the market area for comparable mobile home parks 167
253	253	includes mobile home parks owned or operated by the same entity 168
254	254	that have similar facilities, services, and amenities; 169
255	255	b. That the subject mobi le home park has unique attributes 170
256	256	that are shared with similar mobile home parks; 171
257	257	c. That the mobile home park is located in a geographic or 172
258	258	market area that contains few comparable mobile home parks; or 173
259	259	d. That there are similar considerations or fac tors that 174
260	260	would be considered in such a market analysis by a competent 175
261	261
262	262	HB 751 2023
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266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0751-00
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271	271
272	272
273	273	professional and would be considered in determining the 176
274	274	valuation of the market rent. 177
275	275	(c) If the committee disagrees with a park owner's lot 178
276	276	rental amount increase based upon comparab le mobile home parks, 179
277	277	the committee shall disclose to the park owner the name, 180
278	278	address, lot rental amount, and any other relevant factors 181
279	279	relied upon by the committee, such as facilities, services, and 182
280	280	amenities, concerning the comparable mobile home parks . The 183
281	281	committee shall provide to the park owner the disclosure, in 184
282	282	writing, within 15 days after the meeting with the park owner, 185
283	283	together with a request for a second meeting. The park owner 186
284	284	shall meet with the committee at a mutually convenient time and 187
285	285	place within 30 days after receipt by the park owner of the 188
286	286	request from the committee to discuss the disclosure provided by 189
287	287	the committee. At the second meeting, the park owner may take 190
288	288	into account the information on comparable parks provided by the 191
289	289	committee, may supplement the information provided to the 192
290	290	committee at the first meeting, and may modify his or her 193
291	291	position, but the park owner may not change the information 194
292	292	provided to the committee at the first meeting. 195
293	293	(d) The committee and the park owne r may mutually agree, 196
294	294	in writing, to extend or continue any meetings required by this 197
295	295	section. 198
296	296	(e) Either party may prepare and use additional 199
297	297	information to support its position during or subsequent to the 200
298	298
299	299	HB 751 2023
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
307	307
308	308
309	309
310	310	meetings required by this section. 201
311	311	202
312	312	This subsection is not intended to be enforced by civil or 203
313	313	administrative action. Rather, the meetings and discussions are 204
314	314	intended to be in the nature of settlement discussions prior to 205
315	315	the parties proceeding to presuit mediation of any dispute. 206
316	316	(5)(a) Within 30 days after the date of the last scheduled 207
317	317	meeting described in subsection (4), the homeowners may petition 208
318	318	the division to initiate presuit mediation of the dispute 209
319	319	pursuant to s. 723.038 if a majority of the affected homeowners 210
320	320	have designated, in writing, that: 211
321	321	1. The rental increase is unreasonable; 212
322	322	2. The rental increase has made the lot rental amount 213
323	323	unreasonable; 214
324	324	3. The decrease in services or utilities is not 215
325	325	accompanied by a corresponding decrease in rent or is otherwise 216
326	326	unreasonable; or 217
327	327	4. The change in the rules and regulations is 218
328	328	unreasonable. 219
329	329	(b) A park owner, within the same time period, may also 220
330	330	petition the division to initiate presuit mediation of the 221
331	331	dispute pursuant to s. 723.038 . 222
332	332	(c) When a dispute involves a rental increase for 223
333	333	different home owners and there are different rates or different 224
334	334	rental terms for those home owners, all such rent increases in a 225
335	335
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340	340	CODING: Words stricken are deletions; words underlined are additions.
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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345	345
346	346
347	347	calendar year for one mobile home park may be considered in one 226
348	348	mediation proceeding. 227
349	349	(d) At presuit mediation, the park owner and the 228
350	350	homeowners committee may supplement the information provided to 229
351	351	each other at the meetings described in subsection (4) and may 230
352	352	modify their position, but they may not change the information 231
353	353	provided to each other at the first and second meetings. 232
354	354	233
355	355	The purpose of this subsection is to encourage discussion and 234
356	356	evaluation by the parties of the comparable mobile home parks in 235
357	357	the competitive market area. The requirements of this subsection 236
358	358	are not intended to be enforced by civil or administrative 237
359	359	action. Rather, the meetings and discussions are intended to be 238
360	360	in the nature of settlement discussions before prior to the 239
361	361	parties proceeding to litigation of any dispute. 240
362	362	(6) If a party requests presuit mediation and the opposing 241
363	363	party refuses to agree to mediate upon proper request, the party 242
364	364	refusing to mediate is shall not be entitled to attorney 243
365	365	attorney's fees in any action relating to a dispute described in 244
366	366	this section. 245
367	367	(7) The term "parties," for purposes of presuit mediation 246
368	368	under this section and s. 723.038, means a park owner and a 247
369	369	homeowners' committee selected pursuant to this section. 248
370	370	Section 6. Section 723.038, Florida Statutes, is amended 249
371	371	to read: 250
372	372
373	373	HB 751 2023
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377	377	CODING: Words stricken are deletions; words underlined are additions.
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	723.038 Presuit Dispute settlement; mediation.—A party may 251
385	385	submit a dispute arising under this chapter to presuit mediation 252
386	386	in accordance with s. 720.311. However, election and recall 253
387	387	disputes or disputes regarding the inspection and photocopying 254
388	388	of official records are not eligible for presuit mediation and 255
389	389	must be arbitrated by the division or filed in a court of 256
390	390	competent jurisdiction. Disputes relating to evictions under s. 257
391	391	723.061 are not eligible for presuit mediation under this 258
392	392	section. 259
393	393	(1) Either party ma y petition the division to appoint a 260
394	394	mediator and initiate mediation proceedings. 261
395	395	(2) The division upon petition shall appoint a qualified 262
396	396	mediator to conduct mediation proceedings unless the parties 263
397	397	timely notify the division in writing that they have s elected a 264
398	398	mediator. A person appointed by the division shall be a 265
399	399	qualified mediator from a list of circuit court mediators in 266
400	400	each judicial circuit who has met training and educational 267
401	401	requirements established by the Supreme Court. If such mediators 268
402	402	are not available, the division may select a mediator from the 269
403	403	list maintained by the Florida Growth Management Conflict 270
404	404	Resolution Consortium. The division shall promulgate rules of 271
405	405	procedure to govern such proceedings in accordance with the 272
406	406	rules of practice and procedure adopted by the Supreme Court. 273
407	407	The division shall also establish, by rule, the fee to be 274
408	408	charged by a mediator which shall not exceed the fee authorized 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	by the circuit court. 276
422	422	(3) A mediator appointed by the division or selected by 277
423	423	the parties shall comply with the rules adopted by the division. 278
424	424	The mediator shall also notify the division in writing within 10 279
425	425	days after the conclusion of the mediation, that the mediation 280
426	426	has been concluded. 281
427	427	(4) Upon receiving a petition to mediate a dispute, the 282
428	428	division shall, within 20 days, notify the parties that a 283
429	429	mediator has been appointed by the division. The parties may 284
430	430	accept the mediator appointed by the division or, within 30 285
431	431	days, select a mediator to mediate the dispute. The parties 286
432	432	shall each pay a $250 filing fee to the mediator appointed by 287
433	433	the division or selected by the parties, within 30 days after 288
434	434	the division notifies the parties of the appointment of the 289
435	435	mediator. The $250 filing fee shall be used by the mediator to 290
436	436	defray the hourly rat e charged for mediation of the dispute. Any 291
437	437	portion of the filing fee not used shall be refunded to the 292
438	438	parties. 293
439	439	(5) The parties may agree to select their own mediator, 294
440	440	and such mediation shall be governed by the rules of procedure 295
441	441	established by the div ision. The parties, by agreement, may 296
442	442	waive mediation, or the petitioning party may withdraw the 297
443	443	petition prior to mediation. Upon the conclusion of the 298
444	444	mediation, the mediator shall notify the division that the 299
445	445	mediation has been concluded. 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	(6) No resolution arising from a mediation proceeding as 301
459	459	provided for in s. 723.037 or this section shall be deemed final 302
460	460	agency action. Any party, however, may initiate an action in the 303
461	461	circuit court to enforce a resolution or agreement arising from 304
462	462	a mediation proceeding which has been reduced to writing. The 305
463	463	court shall consider such resolution or agreement to be a 306
464	464	contract for the purpose of providing a remedy to the 307
465	465	complaining party. 308
466	466	(7) Mediation pursuant to this section is an informal and 309
467	467	nonadversarial proce ss. Either party may submit to the opposing 310
468	468	party at least 10 days prior to mediation a written request for 311
469	469	information. 312
470	470	(8) Each party involved in the mediation proceeding has a 313
471	471	privilege to refuse to disclose, and to prevent any person 314
472	472	present at the proceeding from disclosing, communications made 315
473	473	during such proceeding, whether or not the dispute was 316
474	474	successfully resolved. This subsection shall not be construed to 317
475	475	prevent or inhibit the discovery or admissibility of any 318
476	476	information which is otherwise s ubject to discovery or admission 319
477	477	under applicable law or rules of court. There is no privilege as 320
478	478	to communications made in furtherance of the commission of a 321
479	479	crime or fraud or as part of a plan to commit a crime or a 322
480	480	fraud. Nothing in this subsection shal l be construed so as to 323
481	481	permit an individual to obtain immunity from prosecution for 324
482	482	criminal conduct. 325
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495	495	(9) A mediator appointed pursuant to this section shall 326
496	496	have judicial immunity in the same manner and to the same extent 327
497	497	as a judge. 328
498	498	Section 7. Subsection (1) of section 723.0381, Florida 329
499	499	Statutes, is amended to read: 330
500	500	723.0381 Civil actions; arbitration. — 331
501	501	(1) If an aggrieved party serves a demand for presuit 332
502	502	mediation and the responding party refuses or fails to 333
503	503	participate in presuit mediation, or if presuit after mediation 334
504	504	fails of a dispute pursuant to s. 723.038 has failed to provide 335
505	505	a resolution of the dispute, either party may file an action in 336
506	506	the circuit court. 337
507	507	Section 8. Subsection (2) of section 723.059, Florida 338
508	508	Statutes, is amended to read: 339
509	509	723.059 Purchaser of a mobile home within a mobile home 340
510	510	park.— 341
511	511	(2) Properly adopted promulgated rules may provide for the 342
512	512	screening of any prospective purchaser to determine whether or 343
513	513	not such purchaser is qualified to become a tenant of the park. 344
514	514	Rules adopted regarding the screening of a prospective purchaser 345
515	515	must include all of the following requirements: 346
516	516	(a) The screening of a prospective purchaser must be 347
517	517	completed within 15 business days after the submission of an 348
518	518	application to the pa rk owner or park manager. The park owner or 349
519	519	park manager must notify, in writing, the prospective purchaser 350
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524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529	529
530	530
531	531
532	532	within 15 days after the submission of the application whether 351
533	533	the application is approved or denied. If the park owner or park 352
534	534	manager does not pro vide written notification to the prospective 353
535	535	purchaser as required in this paragraph, the prospective 354
536	536	purchaser's application is considered approved. 355
537	537	(b) If a park owner or park manager denies an application 356
538	538	of a prospective purchaser, the reason for the denial must be 357
539	539	disclosed in writing to the prospective purchaser. A park owner 358
540	540	or park manager may not deny an application of a prospective 359
541	541	purchaser based on discriminatory or retaliatory reasons or for 360
542	542	any other reason that is a violation of state or fe deral law. 361
543	543	(c)1. If a park owner or park manager charges a fee for 362
544	544	purposes of screening a prospective purchaser, such fee may not 363
545	545	exceed the actual costs of the screening or $100 per applicant, 364
546	546	whichever is less. 365
547	547	2. The park owner or park manager may adjust the $100 366
548	548	maximum screening fee every 5 years in an amount equal to the 367
549	549	total of the annual increases occurring in the Consumer Price 368
550	550	Index for All Urban Consumers, U.S. City Average, All Items 369
551	551	compiled by the United States Department of Labor during that 5-370
552	552	year period. 371
553	553	3. For the purpose of calculating the screening fee, 372
554	554	spouses, parents, and dependent children are considered one 373
555	555	applicant. 374
556	556	Section 9. Section 723.068, Florida Statutes, is amended 375
557	557
558	558	HB 751 2023
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
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565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	to read: 376
570	570	723.068 Attorney Attorney's fees and damages.—Except as 377
571	571	provided in s. 723.037, in any proceeding between private 378
572	572	parties to enforce the rights and protections provisions of this 379
573	573	chapter or for damages arising out of the failure of a party to 380
574	574	comply with this chapter , the prevailing party is entitled to a 381
575	575	reasonable attorney attorney's fee. A court may award treble 382
576	576	damages to a prevailing mobile home owner or homeowners' 383
577	577	association and must state the basis for the treble damages 384
578	578	award in its judgment. 385
579	579	Section 10. Subsection (1) of section 723.079, Florida 386
580	580	Statutes, is amended to read: 387
581	581	723.079 Powers and duties of homeowners' association. — 388
582	582	(1) An association may contract, sue, or be sued with 389
583	583	respect to the exercise or nonexercise of its powers. For these 390
584	584	purposes, the powers of the association include, but are not 391
585	585	limited to, the maintenance, management, and operation of the 392
586	586	park property and the power to institute, maintain, settle, or 393
587	587	appeal actions or hearings in its name on behalf of all mobile 394
588	588	home owners concerning matters of common interest to most or all 395
589	589	mobile home owners involving disputes arising under this 396
590	590	chapter. 397
591	591	Section 11. This act shall take effect July 1, 2023. 398