Upon adoption of rules establishing minor violations and a determination by the division that the violation is a minor violation, the division may levy a civil penalty of up to $250 but shall not require a refund of rent increases, fees, charges or assessments, including pass-through and pass-ons collected from mobile home owners. FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. The park rules and regulations and an explanation of the manner in which park rules or regulations will be set, changed, or promulgated. Preparing for my routine County inspection. Other provisions not inconsistent with this chapter or with other documents governing the park property or mobile homes located therein. This subsection is intended to clarify existing law. 98-200; s. 1895, ch. Skip MegaMenu and goto content. 87-102; s. 74, ch. (Code 1980, 17-13) Sec. At all times comply with all obligations imposed on mobile home owners by applicable provisions of building, housing, and health codes, including compliance with all building permits and construction requirements for construction on the mobile home and lot. Florida Statute 719 regulates residential cooperative apartments. The park owner shall not limit the comparable mobile home park disclosure to those mobile home parks that are owned or operated by the same owner or operator as the subject park, except in certain circumstances, which include, but are not limited to: That the market area for comparable mobile home parks includes mobile home parks owned or operated by the same entity that have similar facilities, services, and amenities; That the subject mobile home park has unique attributes that are shared with similar mobile home parks; That the mobile home park is located in a geographic or market area that contains few comparable mobile home parks; or. 91-223; s. 2, ch. s. 1, ch. Please see the Guidance below for General Safety: Chapter 64E-15, Florida Administrative Code, Application for Mobile Home Park, Mobile Home Park Housing Migrant Farmworkers, Lodging Park, Recreational Vehicle Park and Recreational Camp, Mobile Home Park Statute, Chapter 513, Florida Statutes, Mobile Home Park Rule Chapter 64E-15, Florida Administrative Code, Department of Business & Professional Regulations (DBPR), Division of Agriculture & Consumer Services (DACS), Annual Regulatory PlansFlorida Department of Health (pdf). This surcharge may not be imposed during the next calendar year if the balance in the trust fund exceeds $10 million on June 30. History.s. The bylaws shall provide and, if they do not, shall be deemed to include, the following provisions: Unless otherwise provided in the bylaws, 30 percent of the total membership is required to constitute a quorum. All other notices may be by regular mail, and will, for purposes of calculation of time, be considered delivered 5 days after the date postmarked. Any provision in the rental agreement is void and unenforceable to the extent that it attempts to waive or preclude the rights, remedies, or requirements set forth in this chapter or arising under law. 3, 6, ch. Section 12 of H.B. If a mobile home or subdivision lot is owned jointly, the owners of the mobile home or subdivision lot must be counted as one for the purpose of determining the number of votes required for a majority. No rental agreement shall contain any rule or regulation prohibited by this chapter, nor shall it provide for promulgation of any rule or regulation inconsistent with this chapter or amendment of any rule or regulation inconsistently with this chapter. "Person" means any person, firm, corporation, partnership, or association. What laws are unique to living in a mobilehome park? If a homeowners association fails to pay the civil penalty, the division shall thereupon pursue enforcement in a court of competent jurisdiction, and the order imposing the civil penalty or the cease and desist order shall not become effective until 20 days after the date of such order. 85-62; s. 930, ch. It is unlawful for any person or his or her agent to file any notice, statement, or other document required under this section which is false or contains any material misstatement of fact. 2004-13; s. 3, ch. The Florida Commission of Human Relations is responsible for enforcing the state's civil rights laws in Florida, including the Florida Fair Housing Act. Lee, Desoto, Polk, Hardee and Highlands and throughout the state of Florida. Any person who receives compensation from the corporation or the park owner pursuant to ss. Legislative intent; preemption of subject matter. The MRL spells out the rights and obligations of the park owner/management and . . mobile home park. Any such fee shall be clearly identified in writing at the time that the rental agreement is signed or otherwise concluded. The parties may accept the mediator appointed by the division or, within 30 days, select a mediator to mediate the dispute. Moneys in the Florida Mobile Home Relocation Trust Fund may be expended only: To pay the administration costs of the Florida Mobile Home Relocation Corporation; and. 2001-227; s. 8, ch. Proportionate share as used in subsection (17) means an amount calculated by dividing equally among the affected developed lots in the park the total costs for the necessary and actual direct costs and impact or hookup fees incurred for governmentally mandated capital improvements serving the recreational and common areas and all affected developed lots in the park. Nothing in this subsection shall be construed so as to permit an individual to obtain immunity from prosecution for criminal conduct. 1 / 46. Beginning on the first page of the text, the following information: The name and address or location of the mobile home park. The defense of material noncompliance may be raised by the mobile home owner only if 7 days have elapsed after he or she has notified the park owner in writing of his or her intention not to pay rent, or a portion thereof, based upon the park owners noncompliance with portions of this chapter, specifying in reasonable detail the provisions in default. Whenever an entrance fee is charged by a mobile home park owner or developer for the entrance of a mobile home into the park and such mobile home is moved from the park before 2 years have passed from the date on which the fee was charged, the fee shall be prorated and a portion returned as follows: The entrance fee shall be refunded at the rate of one twenty-fourth of such fee for each month short of 2 years that the mobile home owner maintained his or her mobile home within the park. Homes without proper tie-downs are less resistant to high winds. 84-80; s. 5, ch. The complaintants are provided with the investigation findings and corrective actions taken on the park. If a party requests mediation and the opposing party refuses to agree to mediate upon proper request, the party refusing to mediate shall not be entitled to attorneys fees in any action relating to a dispute described in this section. The association may not have a member or shareholder who is not a bona fide owner of a mobile home located in the park. 2008-240; s. 3, ch. Nothing on this site should be taken as legal advice for any individual Privacy Policy. The Tenant shall accept full responsibility for any and all damages to the Lot and the Park which are caused by the pet or by keeping the pet on the premises. The establishments that meet these criteria are licensed annually by the Health Department. The services and the lot rental amount or user fees charged by the park owner for the services provided by the park owner shall also be disclosed. The writ of possession shall not issue earlier than 10 days from the date judgment is granted. 88-147; s. 30, ch. is The Edwards Law Firm, PL. If a prospectus or offering circular was not provided to the prospective lessee prior to execution of the lot rental agreement or prior to initial occupancy of a new mobile home, the rental agreement is voidable by the lessee until 15 days after the receipt by the lessee of the prospectus or offering circular and all exhibits thereto. The division shall adopt rules to implement the board member training requirements for educational programs as provided in this chapter. However, if the division, pursuant to a consent order, final order, or cease and desist order, makes a finding that a violation of this chapter has occurred, the financial records acquired by the division specifically relevant to that finding are no longer exempt as provided for in this subsection, unless otherwise made specifically exempt by law. Also, Chapters 381, 513, and 154 of the Florida Statutes pertain to the health department's regulation of these establishments. 64E-15.002 Sites - Mobile Home, Lodging, and Recreational Vehicle Parks. The division may not accept for filing a recall petition, whether or not filed pursuant to this subsection, and regardless of whether the recall was certified, when there are 60 or fewer days until the scheduled reelection of the board member sought to be recalled or when 60 or fewer days have not elapsed since the election of the board member sought to be recalled. 97-102; s. 4, ch. Meetings of the board of directors are subject to the provisions of s. 286.011. 2003-263; s. 2, ch. In the case of a used mobile home, or where the manufacturer's specifications are not available, the home must be tied-down in accordance with the Florida Department of Highway Safety and Motor Vehicles specifications. Rights of lienholder on mobile homes in rental mobile home parks. State Government Agencies. Mobile home park owner or park owner means an owner or operator of a mobile home park. That a charge may not be collected which results in payment of money for sums previously collected as part of the lot rental amount. An application to the corporation for compensation under subsection (1) or subsection (7) must be received within 1 year after the expiration of the eviction period as established in the notice required under s. 723.061(1)(d). The name and address of the mobile home park owner or a person authorized to receive notices and demands on his or her behalf. the threat can be eliminated or significantly reduced by a reasonable The division shall also establish, by rule, the fee to be charged by a mediator which shall not exceed the fee authorized by the circuit court. In the event that the lienholder files either an action for replevin of the home or forecloses on the lien for unpaid purchase price or first lien, the lienholder is responsible for storage charges accrued from 30 days after the date of filing of the action for replevin or foreclosure. If the bylaws fail to provide a method of amendment, the bylaws may be amended by the board of directors and approved by a majority of members at a meeting at which a quorum is present. If the fee is not paid by December 31, the mobile home park owner shall be assessed a penalty of 10 percent of the amount due, and he or she shall not have standing to maintain or defend any action in the courts of this state until the amount due, plus any penalty, is paid. Rules regarding the lot. Individual cooperatives may vote and pass any legal rules and regulations requested by the membership. 723.024 Compliance by mobile home park owners and mobile home owners. Park rules and regulations run with the park rental agreement and are enforceable under . Interference with installation of appliances or interior improvements. This article will examine the validity of such regulations under federal and Florida law.1 As a preliminary matter to the issues being discussed, it is important to understand the definitions of and differences between conventional housing and manufactured housing. Filing and utilization of documents which correct a statutory or rule violation. 2001-227; s. 72, ch. 2016-169. 2179 and s. 11 of C.S. 92-280; s. 1, ch. However, such an applicant must apply within 2 years after the expiration of the eviction period as established in the notice required under s. 723.061(1)(d). s. 1, ch. s. 1, ch. The provisions hereof notwithstanding, the mobile home park owner may pass on, at any time during the term of the lot rental agreement, ad valorem property taxes, non-ad valorem assessments, and utility charges, or increases of either, provided that the ad valorem property taxes, non-ad valorem assessments, and utility charges are not otherwise being collected in the remainder of the lot rental amount and provided further that the passing on of such ad valorem taxes, non-ad valorem assessments, or utility charges, or increases of either, was disclosed prior to tenancy, was being passed on as a matter of custom between the mobile home park owner and the mobile home owner, or such passing on was authorized by law. The change in the rules and regulations is unreasonable. Nothing in this chapter shall be construed to prevent the enforcement of a right or duty under this section, s. 723.022, s. 723.023, s. 723.031, s. 723.032, s. 723.033, s. 723.035, s. 723.037, s. 723.038, s. 723.061, s. 723.0615, s. 723.062, s. 723.063, or s. 723.081 by civil action after the party has exhausted its administrative remedies, if any. The park owner or subdivision developer may not limit the discussion of the reasons for the change to generalities only, such as, but not limited to, increases in operational costs, changes in economic conditions, or rents charged by comparable mobile home parks. Legal grounds to evict a tenant from a MHP include: The corporation shall be administered by a board of directors made up of six members, three of whom shall be appointed by the Secretary of Business and Professional Regulation from a list of nominees submitted by the largest nonprofit association representing mobile home owners in this state, and three of whom shall be appointed by the Secretary of Business and Professional Regulation from a list of nominees submitted by the largest nonprofit association representing the manufactured housing industry in this state. The moving contractor may redeem the voucher from the corporation following completion of the relocation and upon approval of the relocation by the mobile home owner. Monthly fee is $595. In any action brought by the corporation to collect payments assessed under this chapter, the corporation may file and maintain such action in Leon County. 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