CS/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
A bill to be entitled 1
An act relating to mobile home park lot tenancies; 2
amending s. 723.037, F.S.; requiring that a petition 3
for mediation be filed with the Division of Florida 4
Condominiums, Timeshares, and Mobile Homes of the 5
Department of Business and Professional Regulation to 6
determine its adequacy and conformance to certain 7
requirements; requiring mobile home owners to provide, 8
in a specified manner, certain documents to a mobile 9
home park owner; authorizing a mobile home park owner 10
and the mobile home owners, by mutual ag reement, to 11
select a mediator; requiring the division to dismiss a 12
petition for mediation under certain circumstances; 13
authorizing a mobile home park owner to file 14
objections to the petition for mediation within a 15
specified timeframe; requiring the divisio n to assign 16
a mediator within a specified timeframe under certain 17
circumstances; amending s. 723.038, F.S.; authorizing 18
the parties to a dispute to agree to immediately 19
select a mediator and initiate mediation proceedings; 20
requiring the division to appoint a qualified mediator 21
and notify the parties within a specified timeframe; 22
conforming a provision to changes made by the act; 23
amending s. 723.0381, F.S.; prohibiting the initiation 24
of a civil action unless the dispute is first 25
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submitted to mediation; amend ing s. 723.051, F.S.; 26
providing that a live -in health care aide must have 27
ingress and egress to and from a mobile home owner's 28
site without such owner or aide being required to pay 29
additional rent, a fee, or any charge; requiring a 30
mobile home owner to pay the cost of any necessary 31
background check for the live -in health care aide; 32
specifying that a live -in health care aide does not 33
have any rights of tenancy in the mobile home park; 34
requiring a mobile home owner to notify the park owner 35
or park manager of certain information relating to the 36
live-in aide; requiring the mobile home owner to 37
remove the live-in health care aide and cover certain 38
costs associated with such removal if necessary; 39
amending s. 723.0611, F.S.; providing the purpose of 40
the Florida Mobile Home Relocation Corporation; 41
amending s. 723.0612, F.S.; revising the amounts of 42
certain expenses that the corporation is required to 43
pay the mobile home owner under certain circumstances; 44
providing that certain vouchers are redeemable for a 45
specified time period; specifying the amounts that a 46
park owner must pay the corporation under certain 47
circumstances; requiring the division to adopt rules; 48
providing an effective date. 49
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
Be It Enacted by the Legislature of the State of Florida: 51
52
Section 1. Paragraphs (b), (c), and (d) of subsection (5) 53
of section 723.037, Florida Statutes, are redesignated as 54
paragraphs (c), (d), and (e), respectively, present paragraph 55
(b) of that subsection is amended, and new paragraphs (b), (f), 56
(g), and (h) are added to that subsection, to read: 57
723.037 Lot rental increases; reduction in services or 58
utilities; change in rules and regulations; mediation. — 59
(5) 60
(b) A petition for mediation must be filed with the 61
division in all cases for a determination of adequacy and 62
conformance of the petition with the requirements in paragraph 63
(a). Upon filing the petition with the division, the mobile home 64
owners must provide to the park owner, by certified mail, return 65
receipt requested, a copy of all of the following: 66
1. The home owners' petition for mediation on a form 67
adopted by the division by rule. 68
2. The written designation required by this subsection, 69
which must include the lot identification for each signature. 70
3. The notice or notices of a lot rental increase, 71
reduction in services or utilities, or change in rules and 72
regulations which is being challenged as unreasonable. 73
4. The records that verify the selection of the 74
homeowners' committee in accordance with subsection (4). 75
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(c)(b) A park owner, within the same tim e period, may also 76
petition the division to initiate mediation of the dispute 77
pursuant to s. 723.038 . 78
(f) As an alternative to the appointment of a mediator by 79
the division, the park owner and the mobile home owners may, by 80
mutual agreement, select a med iator pursuant to s. 723.038(2) 81
and (4). 82
(g) The division must dismiss a petition for mediation if 83
the park owner and mobile home owners fail to comply with this 84
subsection. 85
(h) Within 10 days after receipt of a petition from the 86
mobile home owners, th e park owner may file objections to the 87
petition with the division. The division must dismiss any 88
petition that is not timely filed, does not meet the 89
requirements of this subsection, or is otherwise found deficient 90
by the division. If a mediator has not b een selected pursuant to 91
paragraph (f), the division must assign a mediator within 10 92
days after receipt of the petition by the park owner. 93
94
The purpose of this subsection is to encourage discussion and 95
evaluation by the parties of the comparable mobile home parks in 96
the competitive market area. The requirements of this subsection 97
are not intended to be enforced by civil or administrative 98
action. Rather, the meetings and discussions are intended to be 99
in the nature of settlement discussions before prior to the 100
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parties proceed proceeding to litigation of any dispute. 101
Section 2. Subsections (1), (2), (4), and (9) of section 102
723.038, Florida Statutes, are amended to read: 103
723.038 Dispute settlement; mediation. — 104
(1) Either party may petition the division to appoint a 105
mediator and initiate mediation proceedings or the parties may 106
agree to immediately select a mediator and initiate mediation 107
proceedings pursuant to the criteria outlined in subsections (2) 108
and (4). 109
(2) The division, upon receipt of a petition, shall 110
appoint a qualified mediator to conduct mediation proceedings 111
and notify the parties within 20 days after such appointment, 112
unless the parties timely notify the division in writing that 113
they have selected a mediator. A person appointed by the 114
division or selected by the parties must shall be a qualified 115
mediator from a list of circuit court mediators in each judicial 116
circuit who has met training and educational requirements 117
established by the Supreme Court. If such mediators are not 118
available, the division or the parties may select a mediator 119
from the list maintained by the Florida Growth Management 120
Conflict Resolution Consortium. The division shall adopt 121
promulgate rules of procedure to govern such proceedings in 122
accordance with the rules of practice and procedure adopted by 123
the Supreme Court. The division shall also establish, by rule, 124
the fee to be charged by a mediator which shall not exceed the 125
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fee authorized by the circuit court. 126
(4) After the date of the last scheduled meeting held 127
pursuant to s. 723.037(4), the parties to a dispute may agree to 128
immediately select a mediator and initiate mediation proceedings 129
pursuant to this section Upon receiving a petition to mediate a 130
dispute, the division shall, within 20 days, notify the parties 131
that a mediator has been appointed by the division . The parties 132
may accept the mediator appointed by the division or, within 30 133
days, select a mediator to mediate the dispute pursuant to 134
subsection (2). The parties shall each pay a $250 filing fee to 135
the mediator appointed by the division or selected by the 136
parties, within 30 days after the division notifies the parties 137
of the appointment of the med iator. The $250 filing fee shall be 138
used by the mediator to defray the hourly rate charged for 139
mediation of the dispute. Any portion of the filing fee not used 140
shall be refunded to the parties. 141
(9) A mediator appointed by the division or selected by 142
the parties pursuant to this section has shall have judicial 143
immunity in the same manner and to the same extent as a judge. 144
Section 3. Subsection (1) of section 723.0381, Florida 145
Statutes, is amended to read: 146
723.0381 Civil actions; arbitration. — 147
(1) A civil action may not be initiated unless the dispute 148
has been submitted to mediation pursuant to s. 723.037(5). After 149
mediation of a dispute pursuant to s. 723.038 has failed to 150
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provide a resolution of the dispute, either party may file an 151
action in the circuit court. 152
Section 4. Subsection (1) of section 723.051, Florida 153
Statutes, is amended to read: 154
723.051 Invitees and live-in health care aides ; rights and 155
obligations.— 156
(1) An invitee of a mobile home owner , or a live-in health 157
care aide as provided for in the federal Fair Housing Act, must 158
shall have ingress and egress to and from the mobile home 159
owner's site without the mobile home owner, live-in health care 160
aide, or invitee being required to pay additional rent, a fee, 161
or any charge whatsoever , except that the mobile home owner must 162
pay the cost of a background check for the live -in health care 163
aide if one is required . Any mobile home park rule or regulation 164
providing for fees or charges contrary to the terms of this 165
section is null and void. The live-in health care aide does not 166
have any rights of tenancy in the mobile home park and the 167
mobile home owner must notify the park owner or park manager of 168
the name of the live -in health care aide and provide the 169
information required to have the backgro und check, if one is 170
necessary. The mobile home owner has the responsibility to 171
remove the live-in health care aide should it become necessary 172
and to cover the costs associated with such removal. 173
Section 5. Paragraph (a) of subsection (1) of section 174
723.0611, Florida Statutes, is amended to read: 175
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723.0611 Florida Mobile Home Relocation Corporation. — 176
(1)(a) There is created the Florida Mobile Home Relocation 177
Corporation. The purpose of the corporation is to address the 178
voluntary closure of mobile hom e parks due to a change in the 179
use of the land. The corporation shall be administered by a 180
board of directors made up of six members, three of whom shall 181
be appointed by the Secretary of Business and Professional 182
Regulation from a list of nominees submitte d by the largest 183
nonprofit association representing mobile home owners in this 184
state, and three of whom shall be appointed by the Secretary of 185
Business and Professional Regulation from a list of nominees 186
submitted by the largest nonprofit association repre senting the 187
manufactured housing industry in this state. All members of the 188
board of directors, including the chair, shall be appointed to 189
serve for staggered 3 -year terms. 190
Section 6. Paragraph (b) of subsection (1) and subsections 191
(4) and (7) of secti on 723.0612, Florida Statutes, are amended 192
to read: 193
723.0612 Change in use; relocation expenses; payments by 194
park owner.— 195
(1) If a mobile home owner is required to move due to a 196
change in use of the land comprising the mobile home park as set 197
forth in s. 723.061(1)(d) and complies with the requirements of 198
this section, the mobile home owner is entitled to payment from 199
the Florida Mobile Home Relocation Corporation of: 200
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(b) The amount of $6,500 $3,000 for a single-section 201
mobile home or $11,500 $6,000 for a multisection mobile home, 202
whichever is less. Moving expenses include the cost of taking 203
down, moving, and setting up the mobile home in a new location. 204
(4) The Florida Mobile Home Relocation Corporation must 205
approve payment within 45 days after rece ipt of the information 206
set forth in subsection (3), or payment is deemed approved. A 207
copy of the approval must be forwarded to the park owner with an 208
invoice for payment. Upon approval, the corporation shall issue 209
a voucher in the amount of the contract pr ice for relocating the 210
mobile home. The moving contractor may redeem the voucher from 211
the corporation following completion of the relocation and upon 212
approval of the relocation by the mobile home owner for up to 2 213
years after the date of issuance . 214
(7) In lieu of collecting payment from the Florida Mobile 215
Home Relocation Corporation as set forth in subsection (1), a 216
mobile home owner may abandon the mobile home in the mobile home 217
park and collect $3,000 $1,375 for a single section and $5,000 218
$2,750 for a multisection from the corporation as long as the 219
mobile home owner delivers to the park owner the current title 220
to the mobile home duly endorsed by the owner of record and 221
valid releases of all liens shown on the title. If a mobile home 222
owner chooses this o ption, the park owner must shall make 223
payment to the corporation of $1,375 for a single section and 224
$2,750 for a multisection in an amount equal to the amount the 225
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mobile home owner is entitled to under this subsection . The 226
mobile home owner's application f or funds under this subsection 227
requires shall require the submission of a document signed by 228
the park owner stating that the home has been abandoned under 229
this subsection and that the park owner agrees to make payment 230
to the corporation in the amount provi ded to the home owner 231
under this subsection. However, in the event that the required 232
documents are not submitted with the application, the 233
corporation may consider the facts and circumstances surrounding 234
the abandonment of the home to determine whether the mobile home 235
owner is entitled to payment pursuant to this subsection. The 236
mobile home owner is not entitled to any compensation under this 237
subsection if there is a pending eviction action for nonpayment 238
of lot rental amount pursuant to s. 723.061(1)(a) wh ich was 239
filed against him or her before prior to the mailing date of the 240
notice of change in the use of the mobile home park given 241
pursuant to s. 723.061(1)(d). 242
Section 7. The Division of Florida Condominiums, 243
Timeshares, and Mobile Homes of the Depart ment of Business and 244
Professional Regulation shall adopt rules to implement and 245
administer this act. 246
Section 8. This act shall take effect July 1, 2024. 247