Florida Senate - 2020 SB 818 By Senator Hooper 16-00552C-20 2020818__ Page 1 of 26 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to manufactured housing; amending s. 2 212.05, F.S.; reducing the percentage of the sales 3 price of certain mobile homes which is subject to 4 sales tax; providing a sales tax exemption for certain 5 mobile homes; amending s. 212.06, F.S.; revising the 6 definition of the term “fixtures” to include certain 7 mobile homes; amending s. 320.77, F.S.; revising a 8 certification requirement for mobile home dealer 9 applicants relating to the applicant’s business 10 location; amending s. 320.771, F.S.; exempting certain 11 recreational vehicle dealer applicants from a garage 12 liability insurance requirement; amending s. 320.822, 13 F.S.; revising the definition of the term “code”; 14 amending s. 320.8232, F.S.; revising applicable 15 standards for the repair and remodeling of mobile and 16 manufactured homes; amending s. 367.022, F.S.; 17 exempting certain mobile home park and mobile home 18 subdivision owners from regulation by the Florida 19 Public Service Commission relating to water and 20 wastewater systems; revising an exemption from 21 regulation for certain water service resellers; 22 amending s. 723.011, F.S.; providing construction 23 relating to rental agreements and tenancies; providing 24 that a mobile home owner, to become an approved 25 tenant, may be required to install permanent 26 improvements as disclosed in the mobile home park 27 owner’s prospectus; amending s. 723.012, F.S.; 28 authorizing mobile home park owners to make certain 29

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 2 of 26 CODING: Words stricken are deletions; words underlined are additions. prospectus amendments; providing that certain 30 improvements and changes may be, but are not required 31 to be, disclosed by amendment to the prospectus; 32 authorizing park owners to amend prospectuses to 33 provide certain additional facilities and services to 34 the mobile home park under certain circumstances; 35 conforming a provision to changes made by the act; 36 amending s. 723.023, F.S.; adding general obligations 37 for mobile home owners; amending s. 723.031, F.S.; 38 specifying a requirement for disclosing and agreeing 39 to a mobile home lot rental increase; revising 40 construction relating to a park owner’s disclosure of 41 certain taxes and assessments; amending s. 723.037, 42 F.S.; authorizing mobile home park owners to give 43 notice of lot rental increases for multiple 44 anniversary dates in one notice; providing 45 construction; specifying the composition of a certain 46 negotiating committee; specifying the lot rental 47 amount increases the committee must address in 48 meetings with the park owner or subdivision developer; 49 amending s. 723.041, F.S.; providing that a mobile 50 home park damaged or destroyed due to natural forces 51 may be rebuilt with the same density as previously 52 approved, permitted, or built; providing construction; 53 amending s. 723.042, F.S.; conforming a provision to 54 changes made by the act; amending s. 723.059, F.S.; 55 deleting certain purchasers’ rights to assume the 56 remainder of a rental agreement term; requiring 57 certain purchasers to enter into a new lot rental 58

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 3 of 26 CODING: Words stricken are deletions; words underlined are additions. agreement with the park owner; revising requirements 59 for the disclosure of lot rental amounts for new 60 tenancies; amending s. 723.061, F.S.; revising a 61 requirement for mailing eviction notices; specifying 62 the waiver and nonwaiver of certain rights of the park 63 owner under certain circumstances; requiring the 64 accounting at final hearing of rents received; 65 requiring a tenant defending certain actions by a 66 landlord to comply with certain requirements; amending 67 s. 723.063, F.S.; revising procedures and requirements 68 for mobile home owners, and revising construction, 69 relating to actions for rent or possession; revising 70 conditions under which a park owner may apply to a 71 court for disbursement of certain funds; providing an 72 effective date. 73 74 Be It Enacted by the Legislature of the State of Florida: 75 76

Section 1. Paragraph (

a) of subsection (1) of

section 77 212.05, Florida Statutes, is amended to read: 78 212.05 Sales, storage, use tax.—It is hereby declared to be 79 the legislative intent that every person is exercising a taxable 80 privilege who engages in the business of selling tangible 81 personal property at retail in this state, including the 82 business of making mail order sales, or who rents or furnishes 83 any of the things or services taxable under this chapter, or who 84 stores for use or consumption in this state any item or

article 85 of tangible personal property as defined herein and who leases 86 or rents such property within the state. 87

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(1) For the exercise of such privilege, a tax is levied on 88 each taxable transaction or incident, which tax is due and 89 payable as follows: 90 (a)1.a. At the rate of 6 percent of the sales price of each 91 item or

article of tangible personal property when sold at 92 retail in this state, computed on each taxable sale for the 93 purpose of remitting the amount of tax due the state, and 94 including each and every retail sale. 95 b. Each occasional or isolated sale of an aircraft, boat, 96 mobile home, or motor vehicle of a class or type that which is 97 required to be registered, licensed, titled, or documented in 98 this state or by the United States Government shall be subject 99 to tax at the rate provided in this paragraph.

A mobile home 100 shall be assessed sales tax at a rate of 6 percent on 50 percent 101 of the sales price of the mobile home, if subject to sales tax 102 as tangible personal property. However, a mobile home is not 103 subject to sales tax if the mobile home is intended to be 104 permanently affixed to the land and the purchaser signs an 105 affidavit stating that he or she intends to seek a “RP” series 106 sticker pursuant to s. 320.0815(2).

The department shall by rule 107 adopt any nationally recognized publication for valuation of 108 used motor vehicles as the reference price list for any used 109 motor vehicle which is required to be licensed pursuant to s. 110 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any party 111 to an occasional or isolated sale of such a vehicle reports to 112 the tax collector a sales price that which is less than 80 113 percent of the average loan price for the specified model and 114 year of such vehicle as listed in the most recent reference 115 price list, the tax levied under this paragraph shall be 116

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 5 of 26 CODING: Words stricken are deletions; words underlined are additions. computed by the department on such average loan price unless the 117 parties to the sale have provided to the tax collector an 118 affidavit signed by each party, or other substantial proof, 119 stating the actual sales price. Any party to such sale who 120 reports a sales price less than the actual sales price is guilty 121 of a misdemeanor of the first degree, punishable as provided in 122 s. 775.082 or s. 775.083.

The department shall collect or 123 attempt to collect from such party any delinquent sales taxes. 124 In addition, such party shall pay any tax due and any penalty 125 and interest assessed plus a penalty equal to twice the amount 126 of the additional tax owed. Notwithstanding any other provision 127 of law, the Department of Revenue may waive or compromise any 128 penalty imposed pursuant to this subparagraph. 129 2. This paragraph does not apply to the sale of a boat or 130 aircraft by or through a registered dealer under this

chapter to 131 a purchaser who, at the time of taking delivery, is a 132 nonresident of this state, does not make his or her permanent 133 place of abode in this state, and is not engaged in carrying on 134 in this state any employment, trade, business, or profession in 135 which the boat or aircraft will be used in this state, or is a 136 corporation none of the officers or directors of which is a 137 resident of, or makes his or her permanent place of abode in, 138 this state, or is a noncorporate entity that has no individual 139 vested with authority to participate in the management, 140 direction, or control of the entity’s affairs who is a resident 141 of, or makes his or her permanent abode in, this state.

For 142 purposes of this exemption, either a registered dealer acting on 143 his or her own behalf as seller, a registered dealer acting as 144 broker on behalf of a seller, or a registered dealer acting as 145

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 6 of 26 CODING: Words stricken are deletions; words underlined are additions. broker on behalf of the purchaser may be deemed to be the 146 selling dealer. This exemption shall not be allowed unless: 147 a.

The purchaser removes a qualifying boat, as described in 148 sub-subparagraph f., from the state within 90 days after the 149 date of purchase or extension, or the purchaser removes a 150 nonqualifying boat or an aircraft from this state within 10 days 151 after the date of purchase or, when the boat or aircraft is 152 repaired or altered, within 20 days after completion of the 153 repairs or alterations; or if the aircraft will be registered in 154 a foreign jurisdiction and: 155 (

I) Application for the aircraft’s registration is properly 156 filed with a civil airworthiness authority of a foreign 157 jurisdiction within 10 days after the date of purchase; 158 (II) The purchaser removes the aircraft from the state to a 159 foreign jurisdiction within 10 days after the date the aircraft 160 is registered by the applicable foreign airworthiness authority; 161 and 162 (III) The aircraft is operated in the state solely to 163 remove it from the state to a foreign jurisdiction. 164 165 For purposes of this sub-subparagraph, the term “foreign 166 jurisdiction” means any jurisdiction outside of the United 167 States or any of its territories; 168 b.

The purchaser, within 30 days from the date of 169 departure, provides the department with written proof that the 170 purchaser licensed, registered, titled, or documented the boat 171 or aircraft outside the state. If such written proof is 172 unavailable, within 30 days the purchaser shall provide proof 173 that the purchaser applied for such license, title, 174

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 7 of 26 CODING: Words stricken are deletions; words underlined are additions. registration, or documentation. The purchaser shall forward to 175 the department proof of title, license, registration, or 176 documentation upon receipt; 177 c. The purchaser, within 10 days of removing the boat or 178 aircraft from Florida, furnishes the department with proof of 179 removal in the form of receipts for fuel, dockage, slippage, 180 tie-down, or hangaring from outside of Florida.

The information 181 so provided must clearly and specifically identify the boat or 182 aircraft; 183 d. The selling dealer, within 5 days of the date of sale, 184 provides to the department a copy of the sales invoice, closing 185 statement, bills of sale, and the original affidavit signed by 186 the purchaser attesting that he or she has read the provisions 187 of this section; 188 e. The seller makes a copy of the affidavit a part of his 189 or her record for as long as required by s. 213.35; and 190 f.

Unless The nonresident purchaser of a boat of 5 net tons 191 of admeasurement or larger intends to remove the boat from this 192 state within 10 days after the date of purchase or when the boat 193 is repaired or altered, and within 20 days after completion of 194 the repairs or alterations, the nonresident purchaser applies to 195 the selling dealer for a decal which authorizes 90 days after 196 the date of purchase for removal of the boat.

The nonresident 197 purchaser of a qualifying boat may apply to the selling dealer 198 within 60 days after the date of purchase for an extension decal 199 that authorizes the boat to remain in this state for an 200 additional 90 days, but not more than a total of 180 days, 201 before the nonresident purchaser is required to pay the tax 202 imposed by this chapter. The department is authorized to issue 203

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 8 of 26 CODING: Words stricken are deletions; words underlined are additions. decals in advance to dealers. The number of decals issued in 204 advance to a dealer shall be consistent with the volume of the 205 dealer’s past sales of boats which qualify under this sub-206 subparagraph. The selling dealer or his or her agent shall mark 207 and affix the decals to qualifying boats in the manner 208 prescribed by the department, before delivery of the boat. 209 (

I) The department is hereby authorized to charge dealers a 210 fee sufficient to recover the costs of decals issued, except the 211 extension decal shall cost $425. 212 (II) The proceeds from the sale of decals will be deposited 213 into the administrative trust fund. 214 (III) Decals shall display information to identify the boat 215 as a qualifying boat under this sub-subparagraph, including, but 216 not limited to, the decal’s date of expiration. 217 (IV) The department is authorized to require dealers who 218 purchase decals to file reports with the department and may 219 prescribe all necessary records by rule. All such records are 220 subject to inspection by the department. 221 (

V) Any dealer or his or her agent who issues a decal 222 falsely, fails to affix a decal, mismarks the expiration date of 223 a decal, or fails to properly account for decals will be 224 considered prima facie to have committed a fraudulent act to 225 evade the tax and will be liable for payment of the tax plus a 226 mandatory penalty of 200 percent of the tax, and shall be liable 227 for fine and punishment as provided by law for a conviction of a 228 misdemeanor of the first degree, as provided in s. 775.082 or s. 229 775.083. 230 (VI) Any nonresident purchaser of a boat who removes a 231 decal before permanently removing the boat from the state, or 232

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 9 of 26 CODING: Words stricken are deletions; words underlined are additions. defaces, changes, modifies, or alters a decal in a manner 233 affecting its expiration date before its expiration, or who 234 causes or allows the same to be done by another, will be 235 considered prima facie to have committed a fraudulent act to 236 evade the tax and will be liable for payment of the tax plus a 237 mandatory penalty of 200 percent of the tax, and shall be liable 238 for fine and punishment as provided by law for a conviction of a 239 misdemeanor of the first degree, as provided in s. 775.082 or s. 240 775.083. 241 (VII) The department is authorized to adopt rules necessary 242 to administer and enforce this subparagraph and to publish the 243 necessary forms and instructions. 244 (VIII) The department is hereby authorized to adopt 245 emergency rules pursuant to s. 120.54(4) to administer and 246 enforce the provisions of this subparagraph. 247 248 If the purchaser fails to remove the qualifying boat from this 249 state within the maximum 180 days after purchase or a 250 nonqualifying boat or an aircraft from this state within 10 days 251 after purchase or, when the boat or aircraft is repaired or 252 altered, within 20 days after completion of such repairs or 253 alterations, or permits the boat or aircraft to return to this 254 state within 6 months from the date of departure, except as 255 provided in s. 212.08(7)(fff), or if the purchaser fails to 256 furnish the department with any of the documentation required by 257 this subparagraph within the prescribed time period, the 258 purchaser shall be liable for use tax on the cost price of the 259 boat or aircraft and, in addition thereto, payment of a penalty 260 to the Department of Revenue equal to the tax payable.

This 261

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 10 of 26 CODING: Words stricken are deletions; words underlined are additions. penalty shall be in lieu of the penalty imposed by s. 212.12(2). 262 The maximum 180-day period following the sale of a qualifying 263 boat tax-exempt to a nonresident may not be tolled for any 264 reason. 265

Section 2. Paragraph (

b) of subsection (14) of

section 266 212.06, Florida Statutes, is amended to read: 267 212.06 Sales, storage, use tax; collectible from dealers; 268 “dealer” defined; dealers to collect from purchasers; 269 legislative intent as to scope of tax.— 270

(14) For the purpose of determining whether a person is 271 improving real property, the term: 272 (b) “Fixtures” means items that are an accessory to a 273 building, other structure, or land and that do not lose their 274 identity as accessories when installed but that do become 275 permanently attached to realty. However, the term does not 276 include the following items, whether or not such items are 277 attached to real property in a permanent manner: 278 1.

Property of a type that is required to be registered, 279 licensed, titled, or documented by this state or by the United 280 States Government, including, but not limited to, mobile homes, 281 except the term includes mobile homes assessed as real property 282 or intended to be qualified and taxed as real property pursuant 283 to s. 320.0815(2). 284 2. , or Industrial machinery or equipment. 285 286 For purposes of this paragraph, industrial machinery or 287 equipment is not limited to machinery and equipment used to 288 manufacture, process, compound, or produce tangible personal 289 property.

For an item to be considered a fixture, it is not 290

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 11 of 26 CODING: Words stricken are deletions; words underlined are additions. necessary that the owner of the item also own the real property 291 to which it is attached. 292

Section 3. Paragraph (

h) of subsection (3) of

section 293 320.77, Florida Statutes, is amended to read: 294 320.77 License required of mobile home dealers.— 295

(3) APPLICATION.—The application for such license shall be 296 in the form prescribed by the department and subject to such 297 rules as may be prescribed by it. The application shall be 298 verified by oath or affirmation and shall contain: 299 (

h) Certification by the applicant: 300 1. That the location is a permanent one, not a tent or a 301 temporary stand or other temporary quarters. 302 2. ; and, Except in the case of a mobile home broker, that 303 the location affords sufficient unoccupied space to display 304 store all mobile homes offered and displayed for sale.

A space 305 to display a manufactured home as a model home is sufficient to 306 satisfy this requirement.; and that The location must be is a 307 suitable place in which the applicant can in good faith carry on 308 business and keep and maintain books, records, and files 309 necessary to conduct such business, which must will be available 310 at all reasonable hours to inspection by the department or any 311 of its inspectors or other employees. 312 313 This paragraph does subsection shall not preclude a licensed 314 mobile home dealer from displaying and offering for sale mobile 315 homes in a mobile home park. 316 317 The department shall, if it deems necessary, cause an 318 investigation to be made to ascertain if the facts set forth in 319

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 12 of 26 CODING: Words stricken are deletions; words underlined are additions. the application are true and shall not issue a license to the 320 applicant until it is satisfied that the facts set forth in the 321 application are true. 322

Section 4. Paragraph (

j) of subsection (3) of

section 323 320.771, Florida Statutes, is amended to read: 324 320.771 License required of recreational vehicle dealers.— 325

(3) APPLICATION.—The application for such license shall be 326 in the form prescribed by the department and subject to such 327 rules as may be prescribed by it. The application shall be 328 verified by oath or affirmation and shall contain: 329 (

j) A statement that the applicant is insured under a 330 garage liability insurance policy, which shall include, at a 331 minimum, $25,000 combined single-limit liability coverage, 332 including bodily injury and property damage protection, and 333 $10,000 personal injury protection, if the applicant is to be 334 licensed as a dealer in, or intends to sell, recreational 335 vehicles.

However, a garage liability policy is not required for 336 the licensure of a mobile home dealer who sells only park 337 trailers. 338 339 The department shall, if it deems necessary, cause an 340 investigation to be made to ascertain if the facts set forth in 341 the application are true and shall not issue a license to the 342 applicant until it is satisfied that the facts set forth in the 343 application are true. 344

Section 5. Paragraph (

c) of subsection (2) of

section 345 320.822, Florida Statutes, is amended to read: 346 320.822

Definitions; ss. 320.822-320.862.—In construing ss. 347 320.822-320.862, unless the context otherwise requires, the 348

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 13 of 26 CODING: Words stricken are deletions; words underlined are additions. following words or phrases have the following meanings: 349 (2) “Code” means the appropriate standards found in: 350 (

c) The Mobile and Manufactured Home Repair and Remodeling 351 Code and the Used Recreational Vehicle Code. 352

Section 6. Subsection (2) of

section 320.8232, Florida 353 Statutes, is amended to read: 354 320.8232 Establishment of uniform standards for used 355 recreational vehicles and repair and remodeling code for mobile 356 homes.— 357

(2) The Mobile and Manufactured Home provisions of the 358 Repair and Remodeling Code must be a uniform code, must shall 359 ensure safe and livable housing, and may shall not be more 360 stringent than those standards required to be met in the 361 manufacture of mobile homes. Such code must provisions shall 362 include, but not be limited to, standards for structural 363 adequacy, plumbing, heating, electrical systems, and fire and 364 life safety. All repairs and remodeling of mobile and 365 manufactured homes must be performed in accordance with 366 department rules. 367

Section 7. Subsections (5) and (9) of

section 367.022, 368 Florida Statutes, are amended to read: 369 367.022 Exemptions.—The following are not subject to 370 regulation by the commission as a utility nor are they subject 371 to the provisions of this chapter, except as expressly provided: 372

(5) Landlords providing service to their tenants without 373 specific compensation for the service. This exemption includes 374 an owner of a mobile home park or a mobile home subdivision, as 375 defined in s. 723.003, who is providing service to any person: 376 (

a) Leasing a lot; 377

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b) Leasing a mobile home and a lot; or 378 (

c) Who owns a lot in a mobile home subdivision. 379

(9) Any person who resells water service to his or her 380 tenants or to individually metered residents for a fee that does 381 not exceed the actual purchase price of the water and wastewater 382 service plus the actual cost of meter reading and billing, not 383 to exceed 9 percent of the actual cost of service. 384

Section 8. Subsections (3) and (4) of

section 723.011, 385 Florida Statutes, are amended to read: 386 723.011 Disclosure prior to rental of a mobile home lot; 387 prospectus, filing, approval.— 388

(3) The prospectus or offering circular, together with its 389 exhibits, is a disclosure document intended to afford protection 390 to homeowners and prospective homeowners in the mobile home 391 park. The purpose of the document is to disclose the 392 representations of the mobile home park owner concerning the 393 operations of the mobile home park. The rental agreement, 394 including the prospectus and rules and regulations, establishes 395 the terms and conditions of a homeowner’s tenancy.

The tenancy 396 must be for the duration of the tenant’s ownership of the mobile 397 home, with a right of survivorship by the tenant’s surviving 398 spouse, unless terminated pursuant to s. 723.061. 399

(4) With regard to a tenancy in existence on the effective 400 date of this chapter, the prospectus or offering circular 401 offered by the mobile home park owner must shall contain the 402 same terms and conditions as rental agreements offered to all 403 other mobile home owners residing in the park on the effective 404 date of this act, excepting only rent variations based upon lot 405 location and size, and may shall not require any mobile home 406

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 15 of 26 CODING: Words stricken are deletions; words underlined are additions. owner to install any permanent improvements, except that the 407 mobile home owner, to become an approved tenant, may be required 408 to install permanent improvements to the mobile home as 409 disclosed in the prospectus. 410

Section 9. Paragraph (

c) of subsection (4) and subsections 411 (5) and (7) of

section 723.012, Florida Statutes, are amended to 412 read: 413 723.012 Prospectus or offering circular.—The prospectus or 414 offering circular, which is required to be provided by s. 415 723.011, must contain the following information: 416

(4) Beginning on the first page of the text, the following 417 information: 418 (

c) A description of the mobile home park property, 419 including, but not limited to: 420 1. The number of lots in each section, the approximate size 421 of each lot, the setback requirements, and the minimum 422 separation distance between mobile homes as required by law. 423 2. The maximum number of lots that will use shared 424 facilities of the park; and, if the maximum number of lots will 425 vary, a description of the basis for variation. A mobile home 426 park owner may amend the prospectus to include additional 427 property and mobile home lots and to increase the maximum number 428 of lots that use the shared facilities of the park. 429

(5) A description of the recreational and other common 430 facilities, if any, that will be used by the mobile home owners, 431 including, but not limited to: 432 (

a) The number of buildings and each room thereof and its 433 intended purposes, location, approximate floor area, and 434 capacity in numbers of people. 435

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b) Each swimming pool, as to its general location, 436 approximate size and depths, and approximate deck size and 437 capacity and whether heated. 438 (

c) All other facilities and permanent improvements that 439 which will serve the mobile home owners. 440 (

d) A general description of the items of personal property 441 available for use by the mobile home owners. 442 (

e) A general description of the days and hours that 443 facilities will be available for use. 444 (

f) A statement as to whether all improvements are complete 445 and, if not, their estimated completion dates. 446 447 Any improvement or change to the facilities or services provided 448 by the mobile home park may be, but is not required to be, 449 disclosed by the park owner in an amendment to the prospectus. 450 If the park owner adds property or lots to the mobile home park 451 which were not disclosed in the owner’s prospectus, the park 452 owner may amend the prospectus to provide additional facilities 453 and services to the mobile home park of a type or kind 454 determined by the park owner. 455

(7) A description of all improvements, whether temporary or 456 permanent, which are required to be installed by the mobile home 457 owner as a condition of his or her occupancy in the park, 458 including improvements that are required upon purchase of the 459 home by an approved tenant. 460

Section

Section 723.023, Florida Statutes, is amended 461 to read: 462 723.023 Mobile home owner’s general obligations.—A mobile 463 home owner shall at all times: 464

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(1) At all times comply with all obligations imposed on 465 mobile home owners by applicable provisions of building, 466 housing, and health codes, including compliance with all 467 building permits and construction requirements for construction 468 on the mobile home and lot. The home owner is responsible for 469 all fines imposed by the local government for noncompliance with 470 any local codes. 471

(2) At all times keep the mobile home lot that which he or 472 she occupies clean, neat, and sanitary, and maintained in 473 compliance with all local codes. 474

(3) At all times comply with properly promulgated park 475 rules and regulations and require other persons on the premises 476 with his or her consent to comply with such rules and to conduct 477 themselves, and other persons on the premises with his or her 478 consent, in a manner that does not unreasonably disturb other 479 residents of the park or constitute a breach of the peace. 480

(4) Receive written approval from the mobile home park 481 owner before making any exterior modification or addition to the 482 home. 483

(5) When vacating the premises, remove any debris and other 484 property of any kind which is left on the mobile home lot. 485

Section 11. Subsection (5) of

section 723.031, Florida 486 Statutes, is amended to read: 487 723.031 Mobile home lot rental agreements.— 488

(5) The rental agreement must shall contain the lot rental 489 amount and services included. An increase in lot rental amount 490 upon expiration of the term of the lot rental agreement must 491 shall be in accordance with ss. 723.033 and 723.037 or s. 492 723.059(4), whichever is applicable;, provided that, pursuant to 493

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 18 of 26 CODING: Words stricken are deletions; words underlined are additions. s. 723.059(4), the amount of the lot rental increase is 494 disclosed and agreed to by the purchaser by executing a rental 495 agreement setting forth the new lot rental amount, in writing. 496 An increase in lot rental amount shall not be arbitrary or 497 discriminatory between similarly situated tenants in the park. A 498 lot rental amount may not be increased during the term of the 499 lot rental agreement, except: 500 (

a) When the manner of the increase is disclosed in a lot 501 rental agreement with a term exceeding 12 months and which 502 provides for such increases not more frequently than annually. 503 (

b) For pass-through charges as defined in s. 723.003. 504 (

c) That a charge may not be collected which results in 505 payment of money for sums previously collected as part of the 506 lot rental amount.

The provisions hereof notwithstanding, the 507 mobile home park owner may pass on, at any time during the term 508 of the lot rental agreement, ad valorem property taxes, non-ad 509 valorem assessments, and utility charges, or increases of 510 either, provided that the ad valorem property taxes, non-ad 511 valorem assessments, and utility charges are not otherwise being 512 collected in the remainder of the lot rental amount and provided 513 further that the passing on of such ad valorem taxes, non-ad 514 valorem assessments, or utility charges, or increases of either, 515 was disclosed prior to tenancy, was being passed on as a matter 516 of custom between the mobile home park owner and the mobile home 517 owner, or such passing on was authorized by law.

A park owner is 518 deemed to have disclosed the passing on of ad valorem property 519 taxes and non-ad valorem assessments if ad valorem property 520 taxes or non-ad valorem assessments were disclosed as a separate 521 charge or a factor for increasing the lot rental amount in the 522

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 19 of 26 CODING: Words stricken are deletions; words underlined are additions. prospectus or rental agreement. Such ad valorem taxes, non-ad 523 valorem assessments, and utility charges shall be a part of the 524 lot rental amount as defined by this chapter. The term “non-ad 525 valorem assessments” has the same meaning as provided in s. 526 197.3632(1)(d). Other provisions of this

chapter 527 notwithstanding, pass-on charges may be passed on only within 1 528 year of the date a mobile home park owner remits payment of the 529 charge. A mobile home park owner is prohibited from passing on 530 any fine, interest, fee, or increase in a charge resulting from 531 a park owner’s payment of the charge after the date such charges 532 become delinquent. Nothing herein shall prohibit a park owner 533 and a homeowner from mutually agreeing to an alternative manner 534 of payment to the park owner of the charges. 535 (

d) If a notice of increase in lot rental amount is not 536 given 90 days before the renewal date of the rental agreement, 537 the rental agreement must remain under the same terms until a 538 90-day notice of increase in lot rental amount is given. The 539 notice may provide for a rental term shorter than 1 year in 540 order to maintain the same renewal date. 541

Section 12. Subsection (1) and paragraph (

a) of subsection 542 (4) of

section 723.037, Florida Statutes, are amended to read: 543 723.037 Lot rental increases; reduction in services or 544 utilities; change in rules and regulations; mediation.— 545

(1) A park owner shall give written notice to each affected 546 mobile home owner and the board of directors of the homeowners’ 547 association, if one has been formed, at least 90 days before any 548 increase in lot rental amount or reduction in services or 549 utilities provided by the park owner or change in rules and 550 regulations. The park owner may give notice of all increases in 551

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 20 of 26 CODING: Words stricken are deletions; words underlined are additions. lot rental amount for multiple anniversary dates in the same 90-552 day notice.

The notice must shall identify all other affected 553 homeowners, which may be by lot number, name, group, or phase. 554 If the affected homeowners are not identified by name, the park 555 owner shall make the names and addresses available upon request. 556 However, this requirement does not authorize the release of the 557 names, addresses, or other private information about the 558 homeowners to the association or any other person for any other 559 purpose.

The home owner’s right to the 90-day notice may not be 560 waived or precluded by a home owner, or the homeowners’ 561 committee, in an agreement with the park owner.

Rules adopted as 562 a result of restrictions imposed by governmental entities and 563 required to protect the public health, safety, and welfare may 564 be enforced prior to the expiration of the 90-day period but are 565 not otherwise exempt from the requirements of this chapter. 566 Pass-through charges must be separately listed as to the amount 567 of the charge, the name of the governmental entity mandating the 568 capital improvement, and the nature or type of the pass-through 569 charge being levied.

Notices of increase in the lot rental 570 amount due to a pass-through charge must shall state the 571 additional payment and starting and ending dates of each pass-572 through charge. The homeowners’ association shall have no 573 standing to challenge the increase in lot rental amount, 574 reduction in services or utilities, or change of rules and 575 regulations unless a majority of the affected homeowners agree, 576 in writing, to such representation. 577 (4)(

a) A committee, not to exceed five in number, 578 consisting of mobile home owners in the park and designated by a 579 majority of the affected mobile home owners or by the board of 580

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 21 of 26 CODING: Words stricken are deletions; words underlined are additions. directors of the homeowners’ association, if applicable, and the 581 park owner shall meet, at a mutually convenient time and place 582 no later than 60 days before the effective date of the change to 583 discuss the reasons for the increase in lot rental amount, 584 reduction in services or utilities, or change in rules and 585 regulations.

The negotiating committee shall make a written 586 request for a meeting with the park owner or subdivision 587 developer to discuss those matters addressed in the 90-day 588 notice, and may include in the request a listing of any other 589 issue, with supporting documentation, that the committee intends 590 to raise and discuss at the meeting.

The committee shall address 591 all lot rental amount increases that are specified in the notice 592 of lot rental amount increase, regardless of the effective date 593 of the increase. 594 595 This subsection is not intended to be enforced by civil or 596 administrative action. Rather, the meetings and discussions are 597 intended to be in the nature of settlement discussions prior to 598 the parties proceeding to mediation of any dispute. 599

Section 13. Subsections (5) and (6) are added to

section 600 723.041, Florida Statutes, to read: 601 723.041 Entrance fees; refunds; exit fees prohibited; 602 replacement homes.— 603

(5) A mobile home park that is damaged or destroyed due to 604 wind, water, or other natural force may be rebuilt on the same 605 site with the same density as was approved, permitted, or built 606 before being damaged or destroyed. 607

(6) This

section does not limit the regulation of the 608 uniform firesafety standards established under s. 633.206, but 609

Florida Senate - 2020 SB 818 16-00552C-20 2020818__ Page 22 of 26 CODING: Words stricken are deletions; words underlined are additions. supersedes any other density, separation, setback, or lot size 610 regulation adopted after initial permitting and construction of 611 the mobile home park. 612

Section

Section 723.042, Florida Statutes, is amended 613 to read: 614 723.042 Provision of improvements.—A No person may not 615 shall be required by a mobile home park owner or developer, as a 616 condition of residence in the mobile home park, to provide any 617 improvement unless the requirement is disclosed pursuant to s. 618 723.012(7) s. 723.011 prior to occupancy in the mobile home 619 park. 620

Section

Section 723.059, Florida Statutes, is amended 621 to read: 622 723.059 Rights of Purchaser of a mobile home within a 623 mobile home park.— 624

(1) The purchaser of a mobile home within a mobile home 625 park may become a tenant of the park if such purchaser would 626 otherwise qualify with the requirements of entry into the park 627 under the park rules and regulations, subject to the approval of 628 the park owner, but such approval may not be unreasonably 629 withheld. The purchaser of the mobile home may cancel or rescind 630 the contract for purchase of the mobile home if the purchaser’s 631 tenancy has not been approved by the park owner 5 days before 632 the closing of the purchase. 633

(2) Properly promulgated rules may provide for the 634 screening of any prospective purchaser to determine whether or 635 not such purchaser is qualified to become a tenant of the park. 636

(3) The purchaser of a mobile home who intends to become 637 becomes a resident of the mobile home park in accordance with 638

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section shall enter a new tenancy by entering into a new 639 lot rental agreement, including the prospectus and rules and 640 regulations, with the park owner has the right to assume the 641 remainder of the term of any rental agreement then in effect 642 between the mobile home park owner and the seller and shall be 643 entitled to rely on the terms and conditions of the prospectus 644 or offering circular as delivered to the initial recipient. 645

(4) The mobile home park owner shall disclose the lot 646 rental amount to be charged for a new tenancy prior to the 647 applicant paying a screening fee and applying for approval for 648 the tenancy However, nothing herein shall be construed to 649 prohibit a mobile home park owner from increasing the rental 650 amount to be paid by the purchaser upon the expiration of the 651 assumed rental agreement in an amount deemed appropriate by the 652 mobile home park owner, so long as such increase is disclosed to 653 the purchaser prior to his or her occupancy and is imposed in a 654 manner consistent with the initial offering circular or 655 prospectus and this act. 656

(5) Lifetime leases and the renewal provisions in 657 automatically renewable leases, both those existing and those 658 entered into after July 1, 1986, are not assumable unless 659 otherwise provided in the mobile home lot rental agreement or 660 unless the transferee is the home owner’s spouse. The right to 661 an assumption of the lease by a spouse may be exercised only one 662 time during the term of that lease. 663

Section 16. Subsection (4) of

section 723.061, Florida 664 Statutes, is amended, and subsections (5) and (6) are added to 665 that section, to read: 666 723.061 Eviction; grounds, proceedings.— 667

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(4) Except for the notice to the officers of the 668 homeowners’ association under subparagraph (1)(d)1., any notice 669 required by this

section must be in writing, and must be posted 670 on the premises and sent to the mobile home owner and tenant or 671 occupant, as appropriate, by United States certified or 672 registered mail, return receipt requested, addressed to the 673 mobile home owner and tenant or occupant, as appropriate, at her 674 or his last known address. Delivery of the mailed notice is 675 shall be deemed given 5 days after the date of postmark. 676

(5) If the park owner accepts payment of any portion of the 677 lot rental amount with actual knowledge of noncompliance after 678 notice and termination of the rental agreement due to a 679 violation under paragraph (1)(b), paragraph (1)(c), or paragraph 680 (1)(e), the park owner does not waive the right to terminate the 681 rental agreement or the right to bring a civil action for the 682 noncompliance, but not for any subsequent or continuing 683 noncompliance. Any rent so received must be accounted for at 684 final hearing. 685

(6) A tenant who intends to defend against an action by the 686 landlord for possession for noncompliance under paragraph 687 (1)(a), paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e) 688 shall comply with s. 723.063(2). 689

Section

Section 723.063, Florida Statutes, is amended 690 to read: 691 723.063 Defenses to action for rent or possession; 692 procedure.— 693 (1)(

a) In any action based upon nonpayment of rent or 694 seeking to recover unpaid rent, or a portion thereof, the mobile 695 home owner may defend upon the ground of a material 696

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chapter or may raise any 697 other defense, whether legal or equitable, which he or she may 698 have. 699 (

b) The defense of material noncompliance may be raised by 700 the mobile home owner only if 7 days have elapsed after he or 701 she has notified the park owner in writing of his or her 702 intention not to pay rent, or a portion thereof, based upon the 703 park owner’s noncompliance with portions of this chapter, 704 specifying in reasonable detail the provisions in default. A 705 material noncompliance with this

chapter by the park owner is a 706 complete defense to an action for possession based upon 707 nonpayment of rent, or a portion thereof, and, upon hearing, the 708 court or the jury, as the case may be, shall determine the 709 amount, if any, by which the rent is to be reduced to reflect 710 the diminution in value of the lot during the period of 711 noncompliance with any portion of this chapter. After 712 consideration of all other relevant issues, the court shall 713 enter appropriate judgment. 714

(2) In any action by the park owner or a mobile home owner 715 brought under subsection (1), the mobile home owner shall pay 716 into the registry of the court that portion of the accrued rent, 717 if any, relating to the claim of material noncompliance as 718 alleged in the complaint, or as determined by the court.

The 719 court shall notify the mobile home owner of such requirement. 720 The failure of the mobile home owner to pay the rent, or portion 721 thereof, into the registry of the court or to file a motion to 722 determine the amount of rent to be paid into the registry within 723 5 days, excluding Saturdays, Sundays, and legal holidays, after 724 the date of service of process constitutes an absolute waiver of 725

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If a motion to determine rent is filed, the 729 movant must provide sworn documentation in support of his or her 730 allegation that the rent alleged in the complaint is erroneous 731 as required herein constitutes an absolute waiver of the mobile 732 home owner’s defenses other than payment, and the park owner is 733 entitled to an immediate default. 734

(3) When the mobile home owner has deposited funds into the 735 registry of the court in accordance with the provisions of this 736

section and the park owner is in actual danger of loss of the 737 premises or other personal hardship resulting from the loss of 738 rental income from the premises, the park owner may apply to the 739 court for disbursement of all or part of the funds or for prompt 740 final hearing, whereupon the court shall advance the cause on 741 the calendar. The court, after preliminary hearing, may award 742 all or any portion of the funds on deposit to the park owner or 743 may proceed immediately to a final resolution of the cause. 744

Section 18. This act shall take effect upon becoming a law. 745