Florida Senate - 2024 SB 1140 By Senator Burton 12-00519B-24 20241140__ 1 A bill to be entitled 2 An act relating to mobile homes; amending s. 723.006, 3 F.S.; requiring the Division of Florida Condominiums, 4 Timeshares, and Mobile Homes to adopt rules to carry 5 out the requirements and provisions of the act; 6 providing a directive to the Division of Law Revision; 7 amending s. 723.037, F.S.; revising the process for 8 initiating mediation during a specified timeframe; 9 amending s. 723.038, F.S.; authorizing the parties to 10 a dispute to agree to select a mediator in accordance 11 with specified requirements; specifying the timeframe 12 within which the division must appoint a qualified 13 mediator in the absence of certain notice from the 14 parties; requiring the division to notify the parties 15 upon appointment of a qualified mediator; authorizing 16 the division or the parties to select the mediator; 17 providing that, upon the filing of written notice with 18 the division, the parties to a dispute may agree to 19 select a mediator and initiate mediation proceedings 20 after a specified meeting; amending s. 723.0381, F.S.; 21 revising the circumstances under which an aggrieved 22 party may file an action in circuit court; amending s. 23 723.051, F.S.; requiring that invited live-in health 24 care aides or assistants must have access to a mobile 25 home owners site; prohibiting park owners from 26 assessing additional charges for a live-in aide or 27 assistants access, with an exception; providing that 28 live-in health care aides or assistants do not have 29 any rights of tenancy in mobile home parks; requiring 30 the mobile home owners to notify the park owner or 31 park manager of certain information; requiring the 32 mobile home owner to cover the costs of removing a 33 live-in health care aide or assistant; amending s. 34 723.0611, F.S.; providing the purpose of the Florida 35 Mobile Home Relocation Corporation; amending s. 36 723.0612, F.S.; revising the amount of specified 37 payments by the Florida Mobile Home Relocation 38 Corporation to which certain mobile home owners are 39 entitled; providing a timeframe for use of the 40 voucher; making technical changes; reenacting s. 41 723.078(2)(i), F.S., relating to homeowners 42 association bylaws, to incorporate the amendment made 43 to s. 723.006, F.S., in a reference thereto; 44 reenacting ss. 723.031(5), 723.035(2), and 723.068, 45 F.S., relating to mobile home lot rental agreements, 46 rules and regulations, and attorneys fees, 47 respectively, to incorporate the amendment made to s. 48 723.037, F.S., in references thereto; reenacting ss. 49 723.002(2), 723.003(7)(b), and 723.004(5), F.S., 50 relating to the application of chapter 723, F.S., 51 definitions, and legislative intent, respectively, to 52 incorporate the amendments made to ss. 723.037 and 53 723.038, F.S., in references thereto; reenacting s. 54 723.033(7), F.S., relating to unreasonable lot rental 55 agreements, to incorporate the amendments made to ss. 56 723.037, 723.038, and 723.0381, F.S., in references 57 thereto; providing an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1.Subsection (16) is added to section 723.006, 62 Florida Statutes, to read: 63 723.006Powers and duties of division.In performing its 64 duties, the division has the following powers and duties: 65 (16)The division shall adopt rules to carry out the 66 provisions and requirements of this act. 67 Section 2.The Division of Law Revision is directed to 68 replace the phrase this act wherever it occurs in subsection 69 (16) of s. 723.006, Florida Statutes, as created by this act, 70 with the assigned chapter number of this act. 71 Section 3.Paragraphs (a) and (b) of subsection (5) of 72 section 723.037, Florida Statutes, are amended, and subsection 73 (7) of that section is reenacted, to read: 74 723.037Lot rental increases; reduction in services or 75 utilities; change in rules and regulations; mediation. 76 (5)(a)Within 30 days after the date of the last scheduled 77 meeting described in subsection (4), the homeowners may petition 78 the division to initiate mediation of the dispute pursuant to s. 79 723.038 if a majority of the affected homeowners have 80 designated, in writing, that any of the following applies: 81 1.The rental increase is unreasonable; 82 2.The rental increase has made the lot rental amount 83 unreasonable; 84 3.The decrease in services or utilities is not accompanied 85 by a corresponding decrease in rent or is otherwise 86 unreasonable; or 87 4.The change in the rules and regulations is unreasonable. 88 (b)A park owner, within the same time period, may also 89 petition the division to initiate mediation of the dispute as 90 provided in s. 723.038 or, upon filing a written notice with the 91 division of the park owners intent to initiate mediation of the 92 dispute, may itself, or through a representative, enter into an 93 agreement with the mobile home owners to select a mediator 94 pursuant to s. 723.038(2) and (4). 95 96 The purpose of this subsection is to encourage discussion and 97 evaluation by the parties of the comparable mobile home parks in 98 the competitive market area. The requirements of this subsection 99 are not intended to be enforced by civil or administrative 100 action. Rather, the meetings and discussions are intended to be 101 in the nature of settlement discussions prior to the parties 102 proceeding to litigation of any dispute. 103 (7)The term parties, for purposes of mediation under 104 this section and s. 723.038, means a park owner and a 105 homeowners committee selected pursuant to this section. 106 Section 4.Subsections (1), (2), (4), and (6) of section 107 723.038, Florida Statutes, are amended to read: 108 723.038Dispute settlement; mediation. 109 (1)Either party may petition the division to appoint a 110 mediator and initiate mediation proceedings or, upon filing a 111 written notice with the division, the parties may immediately 112 agree to select a mediator and initiate mediation proceedings 113 pursuant to subsections (2) and (4). 114 (2)Within 20 days after receipt of a petition, the 115 division upon petition shall appoint a qualified mediator to 116 conduct mediation proceedings and notify the parties, unless the 117 parties timely notify the division in writing that they have 118 selected a mediator. A person appointed by the division or 119 selected by the parties must shall be a qualified mediator from 120 a list of circuit court mediators in each judicial circuit who 121 has met training and educational requirements established by the 122 Supreme Court. If such a mediator is mediators are not 123 available, the division or the parties may select a mediator 124 from the list maintained by the Florida Growth Management 125 Conflict Resolution Consortium. The division shall adopt 126 promulgate rules of procedure to govern such proceedings in 127 accordance with the rules of practice and procedure adopted by 128 the Supreme Court. The division shall also establish, by rule, 129 the fee to be charged by a mediator, which may shall not exceed 130 the fee authorized by the circuit court. 131 (4)After the last scheduled meeting held under s. 132 723.037(4), and upon filing a written notice with the division, 133 the parties to a dispute may immediately agree to select a 134 mediator and initiate mediation proceedings pursuant to this 135 section Upon receiving a petition to mediate a dispute, the 136 division shall, within 20 days, notify the parties that a 137 mediator has been appointed by the division. The parties may 138 accept the mediator appointed by the division or, within 30 139 days, may select a mediator to mediate the dispute pursuant to 140 subsection (2). The parties shall each pay a $250 filing fee to 141 the mediator appointed by the division or selected by the 142 parties, within 30 days after the division notifies the parties 143 of the appointment of the mediator. The $250 filing fee shall be 144 used by the mediator to defray the hourly rate charged for 145 mediation of the dispute. Any portion of the filing fee not used 146 shall be refunded to the parties. 147 (6)A No resolution arising from a mediation proceeding as 148 provided for in s. 723.037 or this section may not shall be 149 deemed final agency action. Any party, However, any party may 150 initiate an action in the circuit court to enforce a resolution 151 or agreement arising from a mediation proceeding which has been 152 reduced to writing. The court shall consider such resolution or 153 agreement to be a contract for the purpose of providing a remedy 154 to the complaining party. 155 Section 5.Subsection (1) of section 723.0381, Florida 156 Statutes, is amended to read: 157 723.0381Civil actions; arbitration. 158 (1)If an aggrieved party serves a request for mediation 159 and the responding party refuses or fails to participate in 160 mediation or, if After mediation of a dispute pursuant to s. 161 723.038 has failed to provide a resolution of the dispute, 162 either party may file an action in the circuit court after a 163 majority of the affected mobile home owners have agreed in 164 writing to file an action. 165 Section 6.Subsection (1) of section 723.051, Florida 166 Statutes, is amended to read: 167 723.051Invitees; rights and obligations. 168 (1)An invitee of a mobile home owner, or a live-in health 169 care aide or assistant as provided for in the Fair Housing Act, 170 must shall have ingress and egress to and from the mobile home 171 owners site without the mobile home owner, or invitee, or live 172 in health care aide or assistant being required to pay 173 additional rent, a fee, or any charge whatsoever, except that 174 the mobile home owner must pay the cost of a background check 175 for the live-in health care aide or assistant if one is 176 necessary. Any mobile home park rule or regulation providing for 177 fees or charges contrary to the terms of this section is null 178 and void. A live-in health care aide or assistant does not have 179 any rights of tenancy in the park, and the mobile home owner 180 must notify the park owner or park manager of the name of the 181 live-in health care aide or assistant, if that becomes 182 necessary, and cover any costs associated with the removal of a 183 live-in health care aide or assistant. 184 Section 7.Paragraph (a) of subsection (1) and paragraph 185 (a) of subsection (3) of section 723.0611, Florida Statutes, are 186 amended, and paragraph (b) of subsection (4) of that section is 187 reenacted, to read: 188 723.0611Florida Mobile Home Relocation Corporation. 189 (1)(a)There is created the Florida Mobile Home Relocation 190 Corporation to address voluntary closures of mobile home parks 191 due to a change in the use of the land. The corporation shall be 192 administered by a board of directors made up of six members, 193 three of whom shall be appointed by the Secretary of Business 194 and Professional Regulation from a list of nominees submitted by 195 the largest nonprofit association representing mobile home 196 owners in this state, and three of whom shall be appointed by 197 the Secretary of Business and Professional Regulation from a 198 list of nominees submitted by the largest nonprofit association 199 representing the manufactured housing industry in this state. 200 All members of the board of directors, including the chair, 201 shall be appointed to serve for staggered 3-year terms. 202 (3)The board of directors shall: 203 (a)Adopt a plan of operation and articles, bylaws, and 204 operating rules pursuant to the provisions of ss. 120.536 and 205 120.54 to administer the provisions of this section and ss. 206 723.06115, 723.06116, and 723.0612. 207 (4)The corporation may: 208 (b)Borrow from private finance sources in order to meet 209 the demands of the relocation program established in s. 210 723.0612. 211 Section 8.Subsections (1), (4), (7), and (11) of section 212 723.0612, Florida Statutes, are amended to read: 213 723.0612Change in use; relocation expenses; payments by 214 park owner. 215 (1)If a mobile home owner is required to move due to a 216 change in use of the land comprising the mobile home park as set 217 forth in s. 723.061(1)(d) and complies with the requirements of 218 this section, the mobile home owner is entitled to payment from 219 the Florida Mobile Home Relocation Corporation of either of the 220 following: 221 (a)The amount of actual moving expenses of relocating the 222 mobile home to a new location within a 50-mile radius of the 223 vacated park., or 224 (b)The amount of $6,500 $3,000 for a single-section mobile 225 home or $11,500 $6,000 for a multisection mobile home, whichever 226 is less. Moving expenses include the cost of taking down, 227 moving, and setting up the mobile home in a new location. 228 (4)The Florida Mobile Home Relocation Corporation must 229 approve payment within 45 days after receipt of the information 230 set forth in subsection (3), or payment is deemed approved. A 231 copy of the approval must be forwarded to the park owner with an 232 invoice for payment. Upon approval, the corporation shall issue 233 a voucher in the amount of the contract price for relocating the 234 mobile home. The moving contractor may redeem the voucher from 235 the corporation following completion of the relocation and upon 236 approval of the relocation by the mobile home owner; however, 237 the voucher must be redeemed within 2 years after the date of 238 issuance. 239 (7)In lieu of collecting payment from the Florida Mobile 240 Home Relocation Corporation as set forth in subsection (1), a 241 mobile home owner may abandon the mobile home in the mobile home 242 park and collect $5,000 $1,375 for a single section and $7,000 243 $2,750 for a multisection from the corporation as long as the 244 mobile home owner delivers to the park owner the current title 245 to the mobile home duly endorsed by the owner of record and 246 valid releases of all liens shown on the title. If a mobile home 247 owner chooses to abandon the mobile home as provided in this 248 subsection this option, the park owner must shall make payment 249 to the corporation of $1,375 for each single section and $2,750 250 for each multisection abandoned in an amount equal to the amount 251 the mobile home owner is entitled to under this subsection. The 252 mobile home owners application for funds under this subsection 253 must shall require the submission of a document signed by the 254 park owner stating that the home has been abandoned under this 255 subsection and that the park owner agrees to make payment to the 256 corporation in the amount provided to the home owner under this 257 subsection. However, in the event that the required documents 258 are not submitted with the application, the corporation may 259 consider the facts and circumstances surrounding the abandonment 260 of the home to determine whether the mobile home owner is 261 entitled to payment pursuant to this subsection. The mobile home 262 owner is not entitled to any compensation under this subsection 263 if there is a pending eviction action for nonpayment of lot 264 rental amount pursuant to s. 723.061(1)(a) which was filed 265 against him or her prior to the mailing date of the notice of 266 change in the use of the mobile home park given pursuant to s. 267 723.061(1)(d). 268 (11)In an action to enforce the provisions of this section 269 and ss. 723.0611, 723.06115, and 723.06116, the prevailing party 270 is entitled to reasonable attorney attorneys fees and costs. 271 Section 9.For the purpose of incorporating the amendment 272 made by this act to section 723.006, Florida Statutes, in a 273 reference thereto, paragraph (i) of subsection (2) of section 274 723.078, Florida Statutes, is reenacted to read: 275 723.078Bylaws of homeowners associations. 276 (2)The bylaws shall provide and, if they do not, shall be 277 deemed to include, the following provisions: 278 (i)Recall of board members.Any member of the board of 279 directors may be recalled and removed from office with or 280 without cause by the vote of or agreement in writing by a 281 majority of all members. A special meeting of the members to 282 recall a member or members of the board of directors may be 283 called by 10 percent of the members giving notice of the meeting 284 as required for a meeting of members, and the notice shall state 285 the purpose of the meeting. Electronic transmission may not be 286 used as a method of giving notice of a meeting called in whole 287 or in part for this purpose. 288 1.If the recall is approved by a majority of all members 289 by a vote at a meeting, the recall is effective as provided in 290 this paragraph. The board shall duly notice and hold a board 291 meeting within 5 full business days after the adjournment of the 292 member meeting to recall one or more board members. At the 293 meeting, the board shall either certify the recall, in which 294 case such member or members shall be recalled effective 295 immediately and shall turn over to the board within 5 full 296 business days any and all records and property of the 297 association in their possession, or shall proceed under 298 subparagraph 3. 299 2.If the proposed recall is by an agreement in writing by 300 a majority of all members, the agreement in writing or a copy 301 thereof shall be served on the association by certified mail or 302 by personal service in the manner authorized by chapter 48 and 303 the Florida Rules of Civil Procedure. The board of directors 304 shall duly notice and hold a meeting of the board within 5 full 305 business days after receipt of the agreement in writing. At the 306 meeting, the board shall either certify the written agreement to 307 recall members of the board, in which case such members shall be 308 recalled effective immediately and shall turn over to the board, 309 within 5 full business days, any and all records and property of 310 the association in their possession, or shall proceed as 311 described in subparagraph 3. 312 3.If the board determines not to certify the written 313 agreement to recall members of the board, or does not certify 314 the recall by a vote at a meeting, the board shall, within 5 315 full business days after the board meeting, file with the 316 division a petition for binding arbitration pursuant to the 317 procedures of s. 723.1255. For purposes of this paragraph, the 318 members who voted at the meeting or who executed the agreement 319 in writing shall constitute one party under the petition for 320 arbitration. If the arbitrator certifies the recall of a member 321 of the board, the recall shall be effective upon mailing of the 322 final order of arbitration to the association. If the 323 association fails to comply with the order of the arbitrator, 324 the division may take action under s. 723.006. A member so 325 recalled shall deliver to the board any and all records and 326 property of the association in the members possession within 5 327 full business days after the effective date of the recall. 328 4.If the board fails to duly notice and hold a board 329 meeting within 5 full business days after service of an 330 agreement in writing or within 5 full business days after the 331 adjournment of the members recall meeting, the recall shall be 332 deemed effective and the board members so recalled shall 333 immediately turn over to the board all records and property of 334 the association. 335 5.If the board fails to duly notice and hold the required 336 meeting or fails to file the required petition, the members 337 representative may file a petition pursuant to s. 723.1255 338 challenging the boards failure to act. The petition must be 339 filed within 60 days after expiration of the applicable 5-full 340 business-day period. The review of a petition under this 341 subparagraph is limited to the sufficiency of service on the 342 board and the facial validity of the written agreement or 343 ballots filed. 344 6.If a vacancy occurs on the board as a result of a recall 345 and less than a majority of the board members are removed, the 346 vacancy may be filled by the affirmative vote of a majority of 347 the remaining directors, notwithstanding any other provision of 348 this chapter. If vacancies occur on the board as a result of a 349 recall and a majority or more of the board members are removed, 350 the vacancies shall be filled in accordance with procedural 351 rules to be adopted by the division, which rules need not be 352 consistent with this chapter. The rules must provide procedures 353 governing the conduct of the recall election as well as the 354 operation of the association during the period after a recall 355 but before the recall election. 356 7.A board member who has been recalled may file a petition 357 pursuant to s. 723.1255 challenging the validity of the recall. 358 The petition must be filed within 60 days after the recall is 359 deemed certified. The association and the members 360 representative shall be named as the respondents. 361 8.The division may not accept for filing a recall 362 petition, whether or not filed pursuant to this subsection, and 363 regardless of whether the recall was certified, when there are 364 60 or fewer days until the scheduled reelection of the board 365 member sought to be recalled or when 60 or fewer days have not 366 elapsed since the election of the board member sought to be 367 recalled. 368 Section 10.For the purpose of incorporating the amendment 369 made by this act to section 723.037, Florida Statutes, in a 370 reference thereto, subsection (5) of section 723.031, Florida 371 Statutes, is reenacted to read: 372 723.031Mobile home lot rental agreements. 373 (5)The rental agreement must contain the lot rental amount 374 and services included. An increase in lot rental amount upon 375 expiration of the term of the lot rental agreement must be in 376 accordance with ss. 723.033 and 723.037 or s. 723.059(4), 377 whichever is applicable; provided that, pursuant to s. 378 723.059(4), the amount of the lot rental increase is disclosed 379 and agreed to by the purchaser, in writing. An increase in lot 380 rental amount shall not be arbitrary or discriminatory between 381 similarly situated tenants in the park. A lot rental amount may 382 not be increased during the term of the lot rental agreement, 383 except: 384 (a)When the manner of the increase is disclosed in a lot 385 rental agreement with a term exceeding 12 months and which 386 provides for such increases not more frequently than annually. 387 (b)For pass-through charges as defined in s. 723.003. 388 (c)That a charge may not be collected which results in 389 payment of money for sums previously collected as part of the 390 lot rental amount. The provisions hereof notwithstanding, the 391 mobile home park owner may pass on, at any time during the term 392 of the lot rental agreement, ad valorem property taxes, non-ad 393 valorem assessments, and utility charges, or increases of 394 either, provided that the ad valorem property taxes, non-ad 395 valorem assessments, and utility charges are not otherwise being 396 collected in the remainder of the lot rental amount and provided 397 further that the passing on of such ad valorem taxes, non-ad 398 valorem assessments, or utility charges, or increases of either, 399 was disclosed prior to tenancy, was being passed on as a matter 400 of custom between the mobile home park owner and the mobile home 401 owner, or such passing on was authorized by law. A park owner is 402 deemed to have disclosed the passing on of ad valorem property 403 taxes and non-ad valorem assessments if ad valorem property 404 taxes or non-ad valorem assessments were disclosed as a separate 405 charge or a factor for increasing the lot rental amount in the 406 prospectus or rental agreement. Such ad valorem taxes, non-ad 407 valorem assessments, and utility charges shall be a part of the 408 lot rental amount as defined by this chapter. The term non-ad 409 valorem assessments has the same meaning as provided in s. 410 197.3632(1)(d). Other provisions of this chapter 411 notwithstanding, pass-on charges may be passed on only within 1 412 year of the date a mobile home park owner remits payment of the 413 charge. A mobile home park owner is prohibited from passing on 414 any fine, interest, fee, or increase in a charge resulting from 415 a park owners payment of the charge after the date such charges 416 become delinquent. A mobile home park owner is prohibited from 417 charging or collecting from the mobile home owners any sum for 418 ad valorem taxes or non-ad valorem tax charges in an amount in 419 excess of the sums remitted by the park owner to the tax 420 collector. Nothing herein shall prohibit a park owner and a 421 homeowner from mutually agreeing to an alternative manner of 422 payment to the park owner of the charges. 423 (d)If a notice of increase in lot rental amount is not 424 given 90 days before the renewal date of the rental agreement, 425 the rental agreement must remain under the same terms until a 426 90-day notice of increase in lot rental amount is given. The 427 notice may provide for a rental term shorter than 1 year in 428 order to maintain the same renewal date. 429 Section 11.For the purpose of incorporating the amendment 430 made by this act to section 723.037, Florida Statutes, in a 431 reference thereto, subsection (2) of section 723.035, Florida 432 Statutes, is reenacted to read: 433 723.035Rules and regulations. 434 (2)No rule or regulation shall provide for payment of any 435 fee, fine, assessment, or charge, except as otherwise provided 436 in the prospectus or offering circular filed under s. 723.012, 437 if one is required to be provided, and until after the park 438 owner has complied with the procedure set forth in s. 723.037. 439 Section 12.For the purpose of incorporating the amendment 440 made by this act to section 723.037, Florida Statutes, in a 441 reference thereto, section 723.068, Florida Statutes, is 442 reenacted to read: 443 723.068Attorneys fees.Except as provided in s. 723.037, 444 in any proceeding between private parties to enforce provisions 445 of this chapter, the prevailing party is entitled to a 446 reasonable attorneys fee. 447 Section 13.For the purpose of incorporating the amendments 448 made by this act to sections 723.037 and 723.038, Florida 449 Statutes, in references thereto, subsection (2) of section 450 723.002, Florida Statutes, is reenacted to read: 451 723.002Application of chapter. 452 (2)The provisions of ss. 723.035, 723.037, 723.038, 453 723.054, 723.055, 723.056, 723.058, and 723.068 are applicable 454 to mobile home subdivision developers and the owners of lots in 455 mobile home subdivisions. 456 Section 14.For the purpose of incorporating the amendments 457 made by this act to section 723.037 and 723.038, Florida 458 Statutes, in references thereto, paragraph (b) of subsection (7) 459 of section 723.003, Florida Statutes, is reenacted to read: 460 723.003Definitions.As used in this chapter, the term: 461 (7) 462 (b)For purposes of mediation under ss. 723.037 and 463 723.038, the term parties means a park owner as defined in 464 subsection (13) and a homeowners committee selected pursuant to 465 s. 723.037. 466 Section 15.For the purpose of incorporating the amendments 467 made by this act to sections 723.037 and 723.038, Florida 468 Statutes, in references thereto, subsection (5) of section 469 723.004, Florida Statutes, is reenacted to read: 470 723.004Legislative intent; preemption of subject matter. 471 (5)Nothing in this chapter shall be construed to prevent 472 the enforcement of a right or duty under this section, s. 473 723.022, s. 723.023, s. 723.031, s. 723.032, s. 723.033, s. 474 723.035, s. 723.037, s. 723.038, s. 723.061, s. 723.0615, s. 475 723.062, s. 723.063, or s. 723.081 by civil action after the 476 party has exhausted its administrative remedies, if any. 477 Section 16.For the purpose of incorporating the amendments 478 made by this act to sections 723.037, 723.038, and 723.0381, 479 Florida Statutes, in references thereto, subsection (7) of 480 section 723.033, Florida Statutes, is reenacted to read: 481 723.033Unreasonable lot rental agreements; increases, 482 changes. 483 (7)An arbitrator or mediator under ss. 723.037, 723.038, 484 and 723.0381 shall employ the same standards as set forth in 485 this section. 486 Section 17.This act shall take effect July 1, 2024.