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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
A bill to be entitled 1
An act relating to mobile home park lot tenancies; 2
amending s. 723.005, F.S.; revising the powers and 3
duties of the Division of Florida Condominiums, 4
Timeshares, and Mobile Homes of the Department of 5
Business and Professional Regulation; amending s. 6
723.037, F.S.; authorizing a mobile home park owner, 7
or his or her representative, and the mobile home 8
owners to immediately agree to select a mediator afte r 9
filing a written notice with the division; amending s. 10
723.038, F.S.; authorizing the parties to a dispute to 11
immediately agree to select a mediator and initiate 12
mediation proceedings after filing a written notice 13
with the division; requiring the divisio n to appoint a 14
qualified mediator and notify the parties within a 15
specified timeframe; conforming a provision to changes 16
made by the act; amending s. 723.0381, F.S.; 17
authorizing either party to a dispute to file an 18
action in the circuit court under certain 19
circumstances; amending s. 723.051, F.S.; providing 20
that a live-in health care aide, or his or her 21
assistant, must have ingress and egress to and from a 22
mobile home owner's site without such owner, aide, or 23
assistant being required to pay additional rent, a 24
fee, or any charge; requiring a mobile home owner to 25
HB 613 2024
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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
pay for a background check for the live -in health care 26
aide or his or her assistant if required; specifying 27
that a live-in health care aide or his or her 28
assistant does not have any rights of tenancy in the 29
mobile home park; requiring a mobile home owner to 30
provide certain information to the park owner or park 31
manager; requiring the mobile home owner to remove the 32
live-in health care aide or his or her assistant and 33
cover certain costs associated with such removal if 34
necessary; amending s. 723.0611, F.S.; providing the 35
purpose of the Florida Mobile Home Relocation 36
Corporation; amending s. 723.0612, F.S.; revising the 37
amounts of certain expenses that the corporation is 38
required to pay the mobile home own er under certain 39
circumstances; providing that certain vouchers are 40
redeemable for a specified time period; specifying the 41
amounts that a park owner must pay the corporation 42
under certain circumstances; requiring the division to 43
adopt rules; providing an e ffective date. 44
45
Be It Enacted by the Legislature of the State of Florida: 46
47
Section 1. Section 723.005, Florida Statutes, is amended 48
to read: 49
723.005 Regulation by division. —The division has the power 50
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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
and duty to enforce and ensure compliance with each section the 51
provisions of this chapter and the rules adopted promulgated 52
pursuant hereto relating to the rental, development, and sale of 53
mobile home parks. However, the division does not have the power 54
or duty to enforce mobile home park rules and r egulations or to 55
enforce the provisions of ss. 723.022, 723.023, and 723.033 . 56
Section 2. Paragraphs (c) and (d) of subsection (5) of 57
section 723.037, Florida Statutes, are redesignated as 58
paragraphs (d) and (e), respectively, paragraph (b) of that 59
subsection is amended, and a new paragraph (c) is added to that 60
subsection, to read: 61
723.037 Lot rental increases; reduction in services or 62
utilities; change in rules and regulations; mediation. — 63
(5) 64
(b) A park owner, within the same time period, may also 65
petition the division to initiate mediation of the dispute 66
pursuant to s. 723.038 . 67
(c) As an alternative, after filing a written notice with 68
the division of the intent to initiate mediation of the dispute, 69
the park owner, or his or her representative, a nd the mobile 70
home owners may immediately agree to select a mediator pursuant 71
to s. 723.038(2) and (4). 72
73
The purpose of this subsection is to encourage discussion and 74
evaluation by the parties of the comparable mobile home parks in 75
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the competitive market a rea. The requirements of this subsection 76
are not intended to be enforced by civil or administrative 77
action. Rather, the meetings and discussions are intended to be 78
in the nature of settlement discussions before prior to the 79
parties proceed proceeding to litigation of any dispute. 80
Section 3. Subsections (1), (2), (4), and (9) of section 81
723.038, Florida Statutes, are amended to read: 82
723.038 Dispute settlement; mediation. — 83
(1) Either party may petition the division to appoint a 84
mediator and initiate mediation proceedings or, after filing a 85
written notice with the division, the parties may immediately 86
agree to select a mediator and initiate mediation proceedings 87
pursuant to subsections (2) and (4) . 88
(2) Within 20 days after receipt of a petition, the 89
division upon petition shall appoint a qualified mediator to 90
conduct mediation proceedings and notify the parties, unless the 91
parties timely notify the division in writing that they have 92
selected a mediator. A person appointed by the division or 93
selected by the parties must shall be a qualified mediator from 94
a list of circuit court mediators in each judicial circuit who 95
has met training and educational requirements established by the 96
Supreme Court. If such mediators are not available, the division 97
or the parties may select a mediator from the list maintained by 98
the Florida Growth Management Conflict Resolution Consortium. 99
The division shall adopt promulgate rules of procedure to govern 100
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such proceedings in accordance with the rules of practice and 101
procedure adopted by the Supreme Court. The division shall also 102
establish, by rule, the fee to be charged by a mediator which 103
shall not exceed the fee authorized by the circuit court. 104
(4) After the last scheduled meeting under s. 723.037(4) 105
and filing a written not ice with the division, the parties to a 106
dispute may immediately agree to select a mediator and initiate 107
mediation proceedings pursuant to this section Upon receiving a 108
petition to mediate a dispute, the division shall, within 20 109
days, notify the parties th at a mediator has been appointed by 110
the division. The parties may accept the mediator appointed by 111
the division or, within 30 days, select a mediator to mediate 112
the dispute in accordance with subsection (2) . The parties shall 113
each pay a $250 filing fee to the mediator appointed by the 114
division or selected by the parties , within 30 days after the 115
division notifies the parties of the appointment of the 116
mediator. The $250 filing fee shall be used by the mediator to 117
defray the hourly rate charged for mediation of the dispute. Any 118
portion of the filing fee not used shall be refunded to the 119
parties. 120
(9) A mediator selected or appointed pursuant to this 121
section has shall have judicial immunity in the same manner and 122
to the same extent as a judge. 123
Section 4. Subsection (1) of section 723.0381, Florida 124
Statutes, is amended to read: 125
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723.0381 Civil actions; arbitration. — 126
(1) If an aggrieved party serves a request for mediation 127
and the responding party refuses or fails to participate in 128
mediation, or if after mediation of a dispute pursuant to s. 129
723.038 has failed to provide a resolution of the dispute, 130
either party may file an action in the circuit court if a 131
majority of the affected mobile home owners have agreed to file 132
an action in writing . 133
Section 5. Subsection (1) of section 723.051, Florida 134
Statutes, is amended to read: 135
723.051 Invitees and live-in health care aides ; rights and 136
obligations.— 137
(1) An invitee of a mobile home owner , or a live-in health 138
care aide or the aide's assistant as provided fo r in the federal 139
Fair Housing Act, must shall have ingress and egress to and from 140
the mobile home owner's site without the mobile home owner, 141
live-in health care aide, aide's assistant, or invitee being 142
required to pay additional rent, a fee, or any charge 143
whatsoever, except that the mobile home owner must pay the cost 144
of a background check for the live -in health care aide or the 145
aide's assistant if one is required . Any mobile home park rule 146
or regulation providing for fees or charges contrary to the 147
terms of this section is null and void. The live-in health care 148
aide or the aide's assistant does not have any rights of tenancy 149
in the mobile home park and the mobile home owner must provide 150
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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
the name of the live-in health care aide or the aide's assistant 151
to the park owner or park manager and the information required 152
to conduct the background check if one is required. If 153
necessary, the mobile home owner is responsible for removing the 154
live-in health care aide or the aide's assistant and covering 155
the costs associated with such removal. 156
Section 6. Paragraph (a) of subsection (1) of section 157
723.0611, Florida Statutes, is amended to read: 158
723.0611 Florida Mobile Home Relocation Corporation. — 159
(1)(a) There is created the Florida Mobile Home Relocation 160
Corporation to address voluntary closures of mobile home parks 161
due to a change in the use of the land . The corporation shall be 162
administered by a board of directors made up of six members, 163
three of whom shall be appointed by the Secretary of Business 164
and Professional Regulation from a list of nominees submitted by 165
the largest nonprofit association representing mobile home 166
owners in this state, and three of whom shall be appointed by 167
the Secretary of Business and P rofessional Regulation from a 168
list of nominees submitted by the largest nonprofit association 169
representing the manufactured housing industry in this state. 170
All members of the board of directors, including the chair, 171
shall be appointed to serve for staggere d 3-year terms. 172
Section 7. Paragraph (b) of subsection (1) and subsections 173
(4) and (7) of section 723.0612, Florida Statutes, are amended 174
to read: 175
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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
723.0612 Change in use; relocation expenses; payments by 176
park owner.— 177
(1) If a mobile home owner is r equired to move due to a 178
change in use of the land comprising the mobile home park as set 179
forth in s. 723.061(1)(d) and complies with the requirements of 180
this section, the mobile home owner is entitled to payment from 181
the Florida Mobile Home Relocation Cor poration of: 182
(b) The amount of $6,500 $3,000 for a single-section 183
mobile home or $11,500 $6,000 for a multisection mobile home, 184
whichever is less. Moving expenses include the cost of taking 185
down, moving, and setting up the mobile home in a new location. 186
(4) The Florida Mobile Home Relocation Corporation must 187
approve payment within 45 days after receipt of the information 188
set forth in subsection (3), or payment is deemed approved. A 189
copy of the approval must be forwarded to the park owner with an 190
invoice for payment. Upon approval, the corporation shall issue 191
a voucher in the amount of the contract price for relocating the 192
mobile home. The moving contractor may redeem the voucher from 193
the corporation following completion of the relocation and upon 194
approval of the relocation by the mobile home owner for up to 2 195
years after the date of issuance . 196
(7) In lieu of collecting payment from the Florida Mobile 197
Home Relocation Corporation as set forth in subsection (1), a 198
mobile home owner may abandon the mobile ho me in the mobile home 199
park and collect $5,000 $1,375 for a single section and $7,000 200
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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
$2,750 for a multisection from the corporation as long as the 201
mobile home owner delivers to the park owner the current title 202
to the mobile home duly endorsed by the owner of record and 203
valid releases of all liens shown on the title. If a mobile home 204
owner chooses this option, the park owner must shall make 205
payment to the corporation of $1,375 for a single section and 206
$2,750 for a multisection in an amount equal to the amoun t the 207
mobile home owner is entitled to under this subsection . The 208
mobile home owner's application for funds under this subsection 209
requires shall require the submission of a document signed by 210
the park owner stating that the home has been abandoned under 211
this subsection and that the park owner agrees to make payment 212
to the corporation in the amount provided to the home owner 213
under this subsection. However, in the event that the required 214
documents are not submitted with the application, the 215
corporation may consider the facts and circumstances surrounding 216
the abandonment of the home to determine whether the mobile home 217
owner is entitled to payment pursuant to this subsection. The 218
mobile home owner is not entitled to any compensation under this 219
subsection if there is a pending eviction action for nonpayment 220
of lot rental amount pursuant to s. 723.061(1)(a) which was 221
filed against him or her before prior to the mailing date of the 222
notice of change in the use of the mobile home park given 223
pursuant to s. 723.061(1)( d). 224
Section 8. The Division of Florida Condominiums, 225
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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
Timeshares, and Mobile Homes of the Department of Business and 226
Professional Regulation shall adopt rules to carry out the 227
requirements of this act. 228
Section 9. This act shall take effect July 1, 2024. 229