The
Florida Mobile Home Act
2002 Legislative
Changes
The 2002 Legislative
Session resulted in changes to Chapter
723, Florida
Statutes. Chapter
2002-27, Laws of Florida, followed up on changes made during
the 2001 Legislative Session. Section 723.037(4)(c), Florida
Statutes, was amended to state that under certain circumstances,
the park owner must meet with the homeowners committee a second
time regarding an increase in lot rent. The second meeting
must be held within 30 days of receipt of the committee's request This
closes a gap in the 2001 changes to that section which stated that
the committee could request a second meeting. Section
723.06116, Florida Statutes, was also amended to set a 30-day
timeframe for park owners to make payments into the mobile home
relocation trust fund. Section 723.0612(4) was amended to
increase the time the
relocation corporation has to process a homeowner claim from 15 to
45 days.
2001 Legislative
Changes
The Florida Mobile
Home Relocation Trust Fund was created for the purpose of funding
the administration and operations of the Florida Mobile Home
Relocation Corporation. The purpose of this private
corporation is to make payments to mobile home owners who are
required to move due to a change in use of the land comprising
their mobile home park. These payments are designed to help
offset the expense of the home owner's cost of relocating.
There are certain restrictions and payment caps imposed by the new
law.
The Florida Mobile Home
Relocation Corporation may be contacted as follows:
Toll
Free Telephone: 1.888.862.7010
U.S.
Mail: Florida
Mobile Home Relocation Corporation
P.O. Box 14125
Tallahassee, Florida 32317-4125
The statements
required to be on the front page of every prospectus delivered to
a homeowner were changed and a definition of "proportionate
share" added to the statute. These changes may require
park owners to file an amendment to the existing prospectuses on
file with the division. Click
here for more information and park owner forms.
The division is
required to maintain copies of each prospectus and all its
amendments and provide copies of such within ten days after
receiving a written request. (Please note that there may be
a charge for this service, depending upon the number of copies
requested.)
Contact
the Division
Division
Sponsored Condominium and Cooperative Education
Mobile
Home Links and Forms
Frequently
Asked Questions
Mobile
Home Complaint Form
_______________________
What
the division can do for you…
Every
year the division receives a large number of complaints from
mobile home owners. Often, home owners and park owners are unaware
of the statutory authority of the division. This can often lead to
frustrated home owners and park owners alike. In an effort to
alleviate any frustration that may occur, a brief list has been
complied to describe what we can and can not do. This list
describes mobile home park concerns which the Division of Florida
Land Sales, Condominiums and Mobile Homes has the authority to
take action against and the areas in which we do not have
statutory authority.
Areas
in which the division DOES have authority to assist mobile home
owners.
1.
Improper or untimely notice. The division may take action against
a park owner if its notice of lot rental increase, reduction in
services or utilities or a change in the rules and regulations is
not given in a timely fashion or does not disclose accurate and
proper information. The park owner is also required to file a copy
of the notice of increase with the division. See section 723.037(1),
Florida Statutes and 61B-32.002,
Florida Administrative Code.
2.
Failure of the park owner to meet with a committee designated by
the association board or a majority of homeowners. A park owner is
required to meet with a designated committee to discuss notices of
change, reasons for an increase in lot rent, a reduction in
services or utilities or a change in the rules or regulations. See
section 723.037(4),
Florida Statutes and 61B-32.004, Florida
Administrative Code.
3.
No prospectus or disclosure statement provided. Parks that offer
26 of more mobile home lots for rent or lease must provide the
home owner with either a prospects or offering circular approved
by the division. Park owners who fail to comply with this
provision can be penalized by the division. See section 723.011,
Florida Statutes.
4.
Failure to provide written notification. A mobile home park with
10 or more but less than 26 mobile home lots offered for rent or
lease must provide written notification to the mobile home owner
prior to occupancy of the following: the park’s zoning, future
plans for the park, the name and address of the park owner, all
fees, charges, assessment and other financial obligations not
included in the rental agreement and a copy of the rules and
regulations. See section 723.013,
Florida Statutes.
5.
Failure to file advertising materials with the division. The
division will take action against any park owner that fails to
file all advertising materials used to promote the mobile home
park within 30 days of the end of each yearly quarter in which it
was used (unless the advertising was previously filed). See
section 723.016,
Florida Statutes.
6.
Assessing a fee or other charge. A park owner may only assess a
fee or charge disclosed in the prospectus, collected as a matter
of custom or agreed to in writing on the anniversary date of the
rental agreement or at the beginning of the term of the agreement.
However, a fee or other charge defined as a pass-through or
referred to as a pass-on charge in Chapter 723 (such as ad-valorem
taxes or utility charges), may be assessed or increased if a
proper 90-days notice is provided to the home owner. No user fee
can be charged by the park owner for services that were previously
provided unless there is a corresponding decrease in the amount of
rent. A park owner must follow specific procedures in order to
assess entrance fees, and exit fees may not be charged. See
sections 723.037(1)
and 723.041,
Florida Statutes, and 61B-31.001(5),
Florida Administrative Code.
7.
Increase in lot rental amount. The division can take action when a
park owner raises the rent and does not provide an approved
prospectus to the home owner or if the park owner attempts to
raise the rent more than once during the rental agreement. See
section 723.031(7),
Florida Statutes.
8.
Rental agreements. Each rental agreement shall be for a term of at
least one year, unless it is the initial rental agreement. A park
owner is entitled to make the beginning rental agreement term less
than one year so that all agreements in the park begin at the same
time. See section 723.031(4),
Florida Statutes.
9.
Improvements, appliances and equipment. The division can take
action against a park owner who requires a home owner to make
improvements to their home when the improvements were not
disclosed in the prospectus before occupancy. A park owner is also
prohibited from requiring a home owner to buy equipment for the
mobile home, such as underskirting, from the park owner. In
addition, a park owner may not prohibit a home owner from
installing electric or gas appliances in their mobile home and may
not charge an additional fee for such for such installation. See
section 723.044,
Florida Statutes.
10.
Sale of the mobile home park and mobile homes in the park. The
division may take action against any park owner who attempts,
through the rules and regulations, exclusive rights of resale or
any other manner, to restrict a home owner’s ability to sell
their mobile home. If a park owner wants to sell the park, the
owner must notify the officers of the incorporated homeowner’s
association (created pursuant to section 723.075
through 723.079,
Florida Statutes) of the offer; however the division can not
"force" a park to accept an offer to buy the park
submitted by the home owners. See sections 723.058
and 723.071, Florida Statutes.
11.
Utilities. A park owner may not sell water, electricity or gas to
a homeowner for more than the park paid; however, where water is
concerned, the park owner may charge for actual maintenance
incurred and administrative cost. See section
723.045, Florida Statutes.
12.
Eviction proceedings. The division may take action if a park owner
does not follow the procedure for evicting a resident as described
in Chapter 723, Florida Statutes. However, it is up to a court of
law to determine if the reason the park owner is evicting the
resident is valid. See section 723.061,
Florida Statutes.
13.
Restrictions on use of facilities. A park owner may only restrict
or eliminate the use of facilities that are specifically set forth
in the prospectus after providing a 90-day notice of the reduction
or elimination to the home owner. See section 723.037,
Florida Statutes, and 61B-32.002,
Florida Administrative Code.
14.
Assumptions of the remainder of an existing rental agreement. The
division may take action against a park owner who fails to allow a
mobile home buyer to assume the remainder of an existing rental
agreement, if the buyer meets the requirements to become a tenant
as stated in the park’s rules and regulations. See section 723.059(3),
Florida Statutes.
15.
Security deposits. The division may take action against a park
owner that does not properly handle or does not return a home
owner’s security deposit within three months. See section 723.031(8),
Florida Statutes.
16.
Rules and regulations. A park owner must post a copy of all rules
and regulations in a conspicuous place in the park. See section 723.035,
Florida Statutes.
17.
Invitees. A park owner can’t stop a home owner’s invitee (a
person staying at the request of the home owner for a limited
time) from coming and going from the mobile home or charge the
home owner additional fees for the invitee. However, all guest or
invitees are required to abide by the park rules and regulations,
and are limited to a stay of 15 consecutive days or 30 total days
a year. See section 723.051,
Florida Statutes.
18.
Refunds of rent. The division’s ability to order refunds is dependent upon the
severity of the violations and the degree to which home owners
were actually injured. However, the division does have authority
to order a park owner to refund rent for certain violations. See section
723.006
(5), Florida Statutes.
Areas
in which the division DOES NOT have authority to assist mobile
home owners.
1.
Infringement of the right of mobile home owners to peaceably
assemble and the right of home owners to invite public officers,
candidates for public office, or representatives of a tenant
organization into the park. While the division is unable to
enjoin the park owner from enforcing rules that infringe upon the
right of the mobile home owner to peaceable assemble or infringes
upon the rights of homeowners to invite public officers into the
park, it may levy a civil penalty against a park owner who
enforces such rules. Any home owner who is prevented from
exercising these rights should bring an action in a local court as
provided in section 723.056,
Florida Statutes.
2.
Enforcing the terms of the lease or prospectus/contractual
disputes. The division cannot take action to "force" a
park owner to comply with the terms of the lease/rental agreement
or prospectus. Only the courts have the authority to hear disputes
between a park owner and the home owner(s) about either party’s
failure to honor the terms of the rental agreement/lease or the
prospectus.
3.
Reasonableness of rent. The division is prohibited from taking any
action to determine whether or not an increase in lot rent is
"reasonable." Only a court of law may make such a
determination as stated in section 723.033,
Florida Statutes.
4.
Enforcing the obligations of a park owner or a home owner. Section
723.022
states the things a park owner shall do in the park (such as
complying with the requirements of local building, housing and
health codes). Section 723.023
states the things a mobile home owner shall do in the park (such
as keeping their lot clean and sanitary). The division cannot
enforce these obligations against either party. If the park owner,
or other home owners, are not keeping their responsibilities under
this law, action must be taken in court to enforce compliance with
these provisions.
5.
Actions of the board of directors of the homeowner’s
association. The division cannot "undo" actions taken by
the board of directors. If the board violates provisions of the
park’s by-laws, the home owners may go to court or look to their
association by-laws and attempt to recall members of the board.
6.
Access to mobile home lot. The park owner does have the right to
enter the mobile home lot to repair and replace utilities so long
as the park owner does not unreasonably interfere with the mobile
home owner’s quite enjoyment of the lot. Unless there is an
emergency or the park owner has written consent, he or she may not
enter a home owner’s mobile home.
What happens
when the division can take enforcement action?
Division
Enforcement Powers. For most violations, the division will enter
into a consent order with the park owner for a civil penalty
and/or a refund of the rent to home owners. If the park owner will
not consent, the division may issue a Notice to Show Cause. The
park owner is then entitled to present its side to either a
hearing officer in the Department of Business and Professional
Regulation or an outside hearing officer with the Division of
Administrative Hearings. If the division wins the case, a final
order is entered against the park owner which may require the
payment of penalties and/or refunds of lot rent. If the park owner
refuses to comply with this final order, the division can bring an
action in circuit court and receive a judgment against the park
owner. Ultimately, the division may seek contempt of court if a
park owner fails to comply with the terms of a judgment.
Injunction/Cease
and Desist Orders. For severe cases, the division does have the
power to stop the park owner from doing certain things by suing
them in circuit court for an "injunction." The division
can also issue a cease and desist order that tells a park owner to
stop whatever it is they are doing. However, the division may not
obtain an injunction or issue a cease and desist order for
contractual disputes, only for severe, clear violations of the
statute. |