Florida Senate - 2024 CS for SB 1140 By the Committee on Regulated Industries; and Senator Burton 580-02617-24 20241140c1 1 A bill to be entitled 2 An act relating to mobile homes; amending s. 720.037, 3 F.S.; requiring that a petition for mediation be filed 4 with the Division of Florida Condominiums, Timeshares, 5 and Mobile Homes of the Department of Business and 6 Professional Regulation to determine the adequacy and 7 conformance of the homeowners petition to initiate 8 mediation; requiring mobile home owners to provide 9 specified documents to the park owner in a specified 10 manner; authorizing the park owner and mobile home 11 owners, by mutual agreement, to select a mediator 12 pursuant to specified provisions; requiring the 13 division to dismiss a petition for mediation under 14 certain circumstances; authorizing the park owner to 15 file objections to the petition for mediation within a 16 specified timeframe; requiring the division to assign 17 a mediator in certain circumstances within a specified 18 timeframe; amending s. 723.038, F.S.; authorizing 19 parties to disputes to jointly select a mediator and 20 initiate mediation proceedings; conforming provisions 21 to changes made by the act; making a technical change; 22 amending s. 723.0381, F.S.; prohibiting the initiation 23 of civil action unless the dispute has been submitted 24 to mediation; amending s. 723.051, F.S.; requiring 25 that specified live-in health care aides have ingress 26 and egress to and from a mobile home owners site 27 without having to pay charges; providing that the 28 mobile home owner must pay the cost of any necessary 29 background check of such aides; providing that live-in 30 heath care aides have no rights of tenancy in the 31 park; requiring the mobile home owner to notify the 32 park owner or manager of certain information related 33 to such aides; providing that the mobile home owner is 34 responsible for removing such aides if it becomes 35 necessary and must cover related costs; amending s. 36 723.0611, F.S.; providing the purpose of the Florida 37 Mobile Home Relocation Corporation; amending s. 38 723.0612, F.S.; revising the amounts a mobile home 39 owner is entitled to receive from the corporation for 40 single-section and multisection mobile homes in 41 certain circumstances; revising the timeframe during 42 which a mobile home moving contractor may redeem a 43 voucher for the contract price for relocating a mobile 44 home; revising the amount a mobile home owner may 45 receive when he or she abandons the mobile home inside 46 the mobile home park in lieu of collecting payment 47 from the corporation; revising the amount a park owner 48 must pay the corporation under certain circumstances; 49 making technical changes; requiring the division to 50 adopt rules; providing an effective date. 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1.Present paragraphs (b), (c), and (d) of 55 subsection (5) of section 723.037, Florida Statutes, are 56 redesignated as paragraphs (c), (e), and (f), respectively, new 57 paragraphs (b) and (d) and paragraphs (g) and (h) are added to 58 that subsection, and present paragraph (b) of that subsection is 59 amended, to read: 60 723.037Lot rental increases; reduction in services or 61 utilities; change in rules and regulations; mediation. 62 (5) 63 (b)A petition for mediation must be filed with the 64 division in all cases for a determination of adequacy and 65 conformance of the petition with the requirements of paragraph 66 (a). Upon filing the petition with the division, the mobile home 67 owners must provide to the park owner, by certified mail, return 68 receipt requested, a copy of the following: 69 1.The homeowners petition for mediation on a form adopted 70 by rule of the division; 71 2.The written designation required by this subsection, 72 which must include lot identification for each signature; 73 3.The notice or notices of lot rental increase, reduction 74 in services or utilities, or change in rules and regulations 75 that is being challenged as unreasonable; and 76 4.The records that verify the selection of the homeowners 77 committee in accordance with subsection (4). 78 (c)(b)A park owner, within the same time period, may also 79 petition the division to initiate mediation of the dispute 80 pursuant to s. 723.038. 81 (d)As an alternative to the appointment of a mediator by 82 the division, the park owner and the mobile home owners may, by 83 mutual agreement, select a mediator pursuant to s. 723.038(2) 84 and (4). 85 (g)The division shall dismiss a petition for mediation in 86 the event that the park owner and mobile home owners fail to 87 comply with this section. 88 (h)Within 10 days after receipt of the petition from the 89 homeowners, the park owner may file objections to the petition 90 with the division. The division shall dismiss any petition that 91 is not timely filed, that does not meet the requirements of this 92 subsection, or that is otherwise found deficient by the 93 division. If a mediator has not been selected pursuant to 94 paragraph (d), the division must assign a mediator within 10 95 days after receipt of the petition by the park owner. 96 97 The purpose of this subsection is to encourage discussion and 98 evaluation by the parties of the comparable mobile home parks in 99 the competitive market area. The requirements of this subsection 100 are not intended to be enforced by civil or administrative 101 action. Rather, the meetings and discussions are intended to be 102 in the nature of settlement discussions prior to the parties 103 proceeding to litigation of any dispute. 104 Section 2.Subsections (1), (2), (4), and (9) of section 105 723.038, Florida Statutes, are amended to read: 106 723.038Dispute settlement; mediation. 107 (1)Either party may petition the division to appoint a 108 mediator and initiate mediation proceedings, or the parties may 109 agree to immediately select a mediator and initiate mediation 110 proceedings pursuant to the criteria outlined in subsections (2) 111 and (4). 112 (2)The division, upon receipt of a petition, shall appoint 113 a qualified mediator to conduct mediation proceedings and notify 114 the parties within 20 days after such appointment, unless the 115 parties timely notify the division in writing that they have 116 selected a mediator. A person appointed by the division or 117 selected by the parties must shall be a qualified mediator from 118 a list of circuit court mediators in each judicial circuit who 119 has met training and educational requirements established by the 120 Supreme Court. If such mediators are not available, the division 121 or the parties may select a mediator from the list maintained by 122 the Florida Growth Management Conflict Resolution Consortium. 123 The division shall promulgate rules of procedure to govern such 124 proceedings in accordance with the rules of practice and 125 procedure adopted by the Supreme Court. The division shall also 126 establish, by rule, the fee to be charged by a mediator which 127 shall not exceed the fee authorized by the circuit court. 128 (4)Following the date of the last scheduled meeting held 129 pursuant to s. 723.037(4), the parties to a dispute may agree 130 immediately to select a mediator and initiate mediation 131 proceedings pursuant to this section Upon receiving a petition 132 to mediate a dispute, the division shall, within 20 days, notify 133 the parties that a mediator has been appointed by the division. 134 The parties may accept the mediator appointed by the division 135 or, within 30 days, select a mediator to mediate the dispute 136 pursuant to subsection (2). The parties shall each pay a $250 137 filing fee to the mediator appointed by the division or selected 138 by the parties, within 30 days after the division notifies the 139 parties of the appointment of the mediator. The $250 filing fee 140 shall be used by the mediator to defray the hourly rate charged 141 for mediation of the dispute. Any portion of the filing fee not 142 used shall be refunded to the parties. 143 (9)A mediator appointed by the division or selected by the 144 parties pursuant to this section shall have judicial immunity in 145 the same manner and to the same extent as a judge. 146 Section 3.Subsection (1) of section 723.0381, Florida 147 Statutes, is amended to read: 148 723.0381Civil actions; arbitration. 149 (1)A civil action may not be initiated unless the dispute 150 has been submitted to mediation pursuant to s. 723.037(5). After 151 mediation of a dispute pursuant to s. 723.038 has failed to 152 provide a resolution of the dispute, either party may file an 153 action in the circuit court. 154 Section 4.Subsection (1) of section 723.051, Florida 155 Statutes, is amended to read: 156 723.051Invitees; rights and obligations. 157 (1)An invitee of a mobile home owner, or a live-in health 158 care aide as provided for in the Federal Fair Housing Act, must 159 shall have ingress and egress to and from the mobile home 160 owners site without the mobile home owner, or invitee, or live 161 in health care aide being required to pay additional rent, a 162 fee, or any charge whatsoever, except that the mobile home owner 163 must pay the cost of a background check for the live-in health 164 care aide if one is required. Any mobile home park rule or 165 regulation providing for fees or charges contrary to the terms 166 of this section is null and void. The live-in health care aide 167 does not have any rights of tenancy in the park, and the mobile 168 home owner must notify the park owner or park manager of the 169 name of the live-in health care aide and provide the information 170 required to have the background check, if one is necessary. The 171 mobile home owner has the responsibility to remove the live-in 172 health care aide should it become necessary and to cover the 173 costs associated with the removal. 174 Section 5.Paragraph (a) of subsection (1) of section 175 723.0611, Florida Statutes, is amended to read: 176 723.0611Florida Mobile Home Relocation Corporation. 177 (1)(a)There is created the Florida Mobile Home Relocation 178 Corporation. The purpose of the corporation is to address the 179 voluntary closure of mobile home parks due to a change in use of 180 the land. The corporation shall be administered by a board of 181 directors made up of six members, three of whom shall be 182 appointed by the Secretary of Business and Professional 183 Regulation from a list of nominees submitted by the largest 184 nonprofit association representing mobile home owners in this 185 state, and three of whom shall be appointed by the Secretary of 186 Business and Professional Regulation from a list of nominees 187 submitted by the largest nonprofit association representing the 188 manufactured housing industry in this state. All members of the 189 board of directors, including the chair, shall be appointed to 190 serve for staggered 3-year terms. 191 Section 6.Subsections (1), (4), and (7) of section 192 723.0612, Florida Statutes, are amended to read: 193 723.0612Change 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 (a)The amount of actual moving expenses of relocating the 201 mobile home to a new location within a 50-mile radius of the 202 vacated park, or 203 (b)The amount of $6,500 $3,000 for a single-section mobile 204 home or $11,500 $6,000 for a multisection mobile home, whichever 205 is less. Moving expenses include the cost of taking down, 206 moving, and setting up the mobile home in a new location. 207 (4)The Florida Mobile Home Relocation Corporation must 208 approve payment within 45 days after receipt of the information 209 set forth in subsection (3), or payment is deemed approved. A 210 copy of the approval must be forwarded to the park owner with an 211 invoice for payment. Upon approval, the corporation shall issue 212 a voucher in the amount of the contract price for relocating the 213 mobile home. The moving contractor may redeem the voucher from 214 the corporation following completion of the relocation and upon 215 approval of the relocation by the mobile home owner for up to 2 216 years after the date of issuance. 217 (7)In lieu of collecting payment from the Florida Mobile 218 Home Relocation Corporation as set forth in subsection (1), a 219 mobile home owner may abandon the mobile home in the mobile home 220 park and collect $3,000 $1,375 for a single section and $5,000 221 $2,750 for a multisection from the corporation as long as the 222 mobile home owner delivers to the park owner the current title 223 to the mobile home duly endorsed by the owner of record and 224 valid releases of all liens shown on the title. If a mobile home 225 owner chooses this option, the park owner must shall make 226 payment to the corporation of $1,375 for a single section and 227 $2,750 for a multisection in an amount equal to the amount the 228 mobile home owner is entitled to under this subsection. The 229 mobile home owners application for funds under this subsection 230 requires shall require the submission of a document signed by 231 the park owner stating that the home has been abandoned under 232 this subsection and that the park owner agrees to make payment 233 to the corporation in the amount provided to the home owner 234 under this subsection. However, in the event that the required 235 documents are not submitted with the application, the 236 corporation may consider the facts and circumstances surrounding 237 the abandonment of the home to determine whether the mobile home 238 owner is entitled to payment pursuant to this subsection. The 239 mobile home owner is not entitled to any compensation under this 240 subsection if there is a pending eviction action for nonpayment 241 of lot rental amount pursuant to s. 723.061(1)(a) which was 242 filed against him or her prior to the mailing date of the notice 243 of change in the use of the mobile home park given pursuant to 244 s. 723.061(1)(d). 245 Section 7.The division shall adopt rules to implement and 246 administer this act. 247 Section 8.This act shall take effect July 1, 2024.