1998 Florida Code
TITLE XL REAL AND PERSONAL PROPERTY
Chapter 723 Mobile Home Park Lot Tenancies  
723.061   Eviction; grounds, proceedings.

723.061  Eviction; grounds, proceedings.--

(1)  A mobile home park owner may evict a mobile home owner or a mobile home only on one or more of the grounds provided in this section.

(a)  Nonpayment of lot rental amount. If a mobile home owner fails to pay the lot rental amount when due and if the default continues for 5 days after delivery of a written demand by the mobile home park owner for payment of the lot rental amount, the park owner may terminate the tenancy. However, if the mobile home owner pays the lot rental amount due, including any late charges, court costs, and attorney's fees, the court may, for good cause, deny the order of eviction, provided such nonpayment has not occurred more than twice.

(b)  Conviction of a violation of a federal or state law or local ordinance, which violation may be deemed detrimental to the health, safety, or welfare of other residents of the mobile home park.

(c)  Violation of a park rule or regulation, the rental agreement, or this chapter.

1.  For the first violation of any properly promulgated rule or regulation, rental agreement provision, or this chapter which is found by any court having jurisdiction thereof to have been an act which endangered the life, health, safety, or property of the park residents or the peaceful enjoyment of the mobile home park by its residents, the mobile home park owner may terminate the rental agreement, and the mobile home owner will have 7 days from the date that the notice is delivered to vacate the premises.

2.  For a second violation of the same properly promulgated rule or regulation, rental agreement provision, or this chapter within 12 months, the mobile home park owner may terminate the tenancy if she or he has given the mobile home owner written notice within 30 days of the first violation, which notice specified the actions of the mobile home owner which caused the violation and gave the mobile home owner 7 days to correct the noncompliance. The mobile home owner must have received written notice of the ground upon which she or he is to be evicted at least 30 days prior to the date on which she or he is required to vacate. A second violation of a properly promulgated rule or regulation, rental agreement provision, or this chapter within 12 months of the first violation is unequivocally a ground for eviction, and it is not a defense to any eviction proceeding that a violation has been cured after the second violation. Violation of a rule or regulation, rental agreement provision, or this chapter after the passage of 1 year from the first violation of the same rule or regulation, rental agreement provision, or this chapter does not constitute a ground for eviction under this section.

No properly promulgated rule or regulation may be arbitrarily applied and used as a ground for eviction.

(d)  Change in use of the land comprising the mobile home park, or the portion thereof from which mobile homes are to be evicted, from mobile home lot rentals to some other use, provided all tenants affected are given at least 1 year's notice of the projected change of use and of their need to secure other accommodations.

(e)  Failure of the purchaser of a mobile home situated in the mobile home park to be qualified as, and to obtain approval to become, a tenant, if such approval is required by a properly promulgated rule.

(2)  In the event of eviction for change of land use, homeowners must object to the change in land use by petitioning for administrative or judicial remedies within 90 days of the date of the notice or they will be barred from taking any subsequent action to contest the change in land use. This provision shall not be construed to prevent any homeowner from objecting to a zoning change at any time.

(a)  Within 90 days from the time the park owner gives the 1-year notice, she or he shall notify the homeowner of her or his election to either buy the mobile home, relocate the mobile home to another park owned by the park owner, or pay to relocate the mobile home to another mobile home park, as follows:

1.  Pay as damages the actual cost, including setup fees, to move an evicted mobile home, with comparable and any required appurtenances, to a comparable mobile home park within a 50-mile radius of the mobile home park or other distance agreed upon by the park owner and mobile home owner. Since the amount of damages that a homeowner will suffer due to the change in land use by the park owner cannot be easily estimated and would be difficult and expensive to determine, it is the intent of the Legislature that the payment contained herein be considered in the nature of liquidated damages and not a penalty. It is the intent of the Legislature that the liquidated damages to which the mobile home owner is entitled be limited to the damages defined in this subparagraph only for so long as this subsection remains in effect. The liquidated damages apply only to the harm incurred by the homeowner for having to relocate, and this provision shall not preclude incidental damages that might occur in relocating the mobile home;

2.  Purchase the mobile home and all appurtenances thereto at a value to be determined as follows:

a.  A mutually agreed upon appraiser will assess the book value of the mobile home and cash value of all appurtenances thereto and the market value of the mobile home as situated immediately prior to the notice of change in land use. Any nationally recognized publication for valuation of mobile and manufactured homes shall be used as a guide for determining such value.

b.  The homeowner will be entitled to the book value of the mobile home and cash value of the appurtenances.

c.  The homeowner will also be entitled to the following portion of the difference between the book value and cash value of the appurtenances and the market value of the mobile home. If the homeowner has resided in the mobile home at the time of notice of land use change by the park owner:

0 years up to 5 years ....... 40 percent

5 years up to 15 years ....... 60 percent

15 years up to 20 years ....... 80 percent

20 years or more ....... 100 percent

d.  The homeowner who has become a resident of the park within 0-5 years of the notice of change in land use shall be entitled, in addition to the compensation set forth above, to 60 percent of the difference between the book value and the market value of the mobile home.

e.  Between the date of the appraisals referred to in this subsection and the delivery of title and possession of the mobile home and all appurtenances thereto to the park owner, the mobile home and the appurtenances shall be maintained by the homeowner in the condition existing on the date of the appraisals, ordinary wear and tear excepted; or

3.  Reach a mutually agreed to settlement between the park owner and the homeowner.

(b)  Either the mobile home owner or the park owner may apply to the circuit court in the county where the mobile home lot is located for purposes of selecting an appraiser to determine the value of the mobile home and appurtenances or for resolution of any other dispute arising under this subsection.

(c)  In any dispute in a circuit court regarding the value of the mobile home as appraised pursuant to this subsection, the court shall determine the amount to be deposited into the registry of the court as will fully secure and fully compensate the homeowner as ultimately determined by the final judgment. The court shall fix the time within which and the terms upon which the homeowner shall be required to surrender possession and title to the park owner. The order of the court shall not become effective unless the deposit of the required sum is made in the registry of the court.

(d)  The provisions of s. 723.083 shall not be applicable to any park where the provisions of this subsection apply.

(3)  A mobile home park owner applying for the removal of a mobile home owner or a mobile home, or both, shall file, in the county court in the county where the mobile home lot is situated, a complaint describing the lot and stating the facts that authorize the removal of the mobile home owner and the mobile home. The park owner is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.

(4)  Any notice required by this section must be in writing, and must be posted on the premises and sent to the mobile home owner by certified or registered mail, return receipt requested, addressed to the mobile home owner at her or his last known address. Delivery of the mailed notice shall be deemed given 5 days after the date of postmark.

History.--s. 1, ch. 84-80; s. 11, ch. 86-162; ss. 7, 8, ch. 87-117; ss. 2, 3, 4, ch. 87-150; s. 16, ch. 88-147; s. 3, ch. 91-66; s. 12, ch. 92-148; s. 925, ch. 97-102.