To clarify that mobile home park owners must disclose in the prospectus any and all fees, charges or costs it may impose.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Florida Land Sales, Condominiums and Mobile Homes

RULE NO: RULE TITLE
61B-31.001: Prospectus and Rental Agreement
PURPOSE AND EFFECT: To clarify that mobile home park owners must disclose in the prospectus any and all fees, charges or costs it may impose.
SUBJECT AREA TO BE ADDRESSED: Subsection 723.006(7), F.S., authorizes the Division of Florida Land Sales, Condominiums and Mobile Homes to adopt rules to implement Chapter 723, Florida Statutes, the “Florida Mobile Home Act.” Subsection 723.006(10), F.S., authorizes the division to require mobile home park owners to “fully and fairly disclose all matters required of this chapter.” Mobile home park owners are required by Section 723.012, F.S., to prepare a prospectus or offering circular containing many specific disclosures, especially any direct or indirect financial obligations the park owner may impose. Subsection 723.011(3), F.S., indicates that the prospectus or offering circular is the “disclosure document intended to afford protection to homeowners and prospective homeowners in the mobile home park.” However, some mobile home park owners impose entrance fees, application, background check and/or screening fees, administrative fees or such other fees, costs, or charges on purchasers of mobile homes situated in the mobile home park or new mobile home owners coming into the mobile home park without disclosing them in the prospectus on the basis that these individuals are not yet homeowners (e.g.: renting or leasing a lot within the park) and so are not protected by the Florida Mobile Home Act. The proposed rule would clarify that a mobile home park owner must disclose in the prospectus any direct or indirect financial obligations that may be imposed as a condition of tenancy, occupancy or ownership of a mobile home in the park. The proposed rule would modify Rule 61B-31.001, F.A.C., to clarify that the prospectus disclosures are intended to apply to homeowners and prospective homeowners and incorporates other fees throughout the rule to clarify that these are required to be disclosed in the prospectus.
SPECIFIC AUTHORITY: 723.006(7) FS.
LAW IMPLEMENTED: 723.002(3), 723.003(2), (5), (8), 723.006(4), (8), (10), 723.011(2), (3), 723.012(9)(b)8, (11), 723.014(1), 723.031(3), (6), 723.035(2), 723.041, 723.058, 723.059, 723.061(1)(b), (e) FS.

IF REQUESTED AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW.

DATE AND TIME:  December 12, 2006, 3:30 p.m.

PLACE: Conference Room, Suite 16, The Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop is asked to advise the agency at least 48 hours before the workshop by contacting Sharon A. Malloy, Senior Management Analyst II, at [phone]. If you are hearing or speech impaired, please contact the agency by calling 1(800)955-8771.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sharon A. Malloy, Senior Management Analyst II, Division of Florida Land Sales, Condominiums and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030

A copy of the rule amendment is available on line at http://www.state.fl.us/dbpr/lsc/index.shtml.