The purpose of the proposed rule amendment to 61M-1.002 (Claims Procedures) is to incorporate Spanish versions of FMHRC Forms 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, and 1010. FMHRC believes that providing ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Mobile Home Relocation Corporation

RULE NO.:RULE TITLE:

61M-1.002Claims Procedures

PURPOSE AND EFFECT: The purpose of the proposed rule amendment to 61M-1.002 (Claims Procedures) is to incorporate Spanish versions of FMHRC Forms 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, and 1010. FMHRC believes that providing Spanish versions of the forms will further assist applicants in seeking financial assistance from FMHRC.

SUMMARY: Incorporate references to new Spanish versions of forms.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 723.0611(3) FS.

LAW IMPLEMENTED: 723.061, 723.06116, 723.0612 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: . If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Vicky Krentz, Executive Director, Florida Mobile Home Relocation Corporation, Postal Office Box 7848, Clearwater, FL 33758, Toll Free Number: [phone], Fax Number: [phone], Email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61M-1.002 Claims Procedures.

(1) In order to receive payment from the Corporation for relocation expenses, the applicant shall submit to the Corporation, with a copy to the park owner, a Home Owner Application for Payment of Relocation Expenses, FMHRC Form 1001 (Revised 7-1-15) or Spanish FMHRC Form 1001 (Revised xx-xx-xx), incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06002, which includes a copy of the notice of eviction due to change in use of the land comprising the mobile home park and a copy of the signed contract with an installer that includes an itemization of the costs of taking down, moving and setting up the mobile home in a new location. The copy of the notice of eviction shall show a date after July 1, 2001, the effective date of the statute creating the Florida Mobile Home Relocation Corporation. The Installer’s Form, FMHRC Form 1007 (Revised 7-1-15) or Spanish FMHRC Form 1007 (Revised xx-xx-xx), incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06008, must be used in order for the applicant’s request to be considered for approval by the board of the Corporation. The application shall also include a copy of the title(s) to the mobile home showing the name of the owner of the home being the same as the applicant for relocation expenses. The title certificate must bear the Department of Highway Safety and Motor Vehicles designation of “HS” which designates the home as a “mobile home.” No other designation on the title will be accepted for processing and approval for relocation expenses. Any application received that does not contain complete information and all of the required documentation shall be returned by the Corporation to the applicant along with a notice of the deficiencies in the application. Only completed applications will receive a date stamp. In the event the applicant resubmits the application with the required documentation, the application will then receive a date stamp assigning its priority. Applicants for payment under this section shall also submit an Acknowledgment of Non-Participation in Litigation and Acknowledgment of Non-Acceptance of Compensation from Park Owner, FMHRC Form 1008 (Revised 7-1-15) or Spanish FMHRC Form 1008 (Revised xx-xx-xx), incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06009. An applicant who complies with the application requirements of law and rule shall be entitled to payment of the actual moving expenses to relocate the mobile home within a 50-mile radius of the vacated park, not to exceed $3,000 for a single-section mobile home or $6,000 for a multi-section mobile home. Please refer to the Corporation’s website for the forms referenced herein and for additional information on when to submit an application for assistance from the Corporation and for other information regarding the Corporation, www.fmhrc.org.

(2) Any relocation claims made pursuant to this rule shall be prioritized as follows: The mail will be collected from the post office box address of the Corporation at least Monday, Wednesday and Friday, state and federal holidays excluded. Any completed applications received will be date stamped. Priority of payment of claims for relocation expenses will be based upon the date the completed application is date stamped.

(3) The Corporation must approve payment within 45 days after receipt of the completed relocation application, or payment is deemed approved. Once the mobile home has been moved to its new location, the Corporation shall forward to the park owner notice of the approval along with an invoice for payment of $2,750 for a single-section mobile home or $3,750 for a multi-section mobile home. If the applicant’s application was approved prior to June 26, 2003, the Corporation will invoice the park owner for payment of $2,000 for a single-section mobile home or $2,500 for a multi-section mobile home.

(4) If funds are available and the completed application is approved, the following shall occur:

(a) In the event the mobile home has not yet been moved to a new location, the Corporation shall issue a voucher to the installer in the amount of the contract price for relocation of the mobile home. The amount of the voucher shall be as approved by the board of the Corporation and as set forth in Section 723.0612(1), F.S. The installer may redeem the voucher from the Corporation following completion of the relocation of the mobile home and upon approval of the relocation by the mobile home owner that the work performed was satisfactory. Within 30 days of receipt of Installer Voucher for Payment for Mobile Home Relocation, FMHRC Form 1003 (Revised 7-1-15) or Spanish FMHRC Form 1003 (Revised xx-xx-xx), incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06004, and proof of the satisfactory completion of the relocation by the installer, the Corporation shall pay the amount set forth on the voucher.

(b) In the event the applicant has already moved the mobile home to a new location and paid for the move, the Corporation shall issue a voucher to the applicant whose application was previously approved by the Corporation in accordance with this rule. The amount of the voucher shall be as approved by the board of the Corporation and as set forth in Section 723.0612(1), F.S. The applicant may redeem the voucher upon submitting proof of the relocation of the mobile home in the form of a receipt or invoice marked “paid” by the installer. Within 30 days of receipt of Applicant Voucher for Payment for Mobile Home Relocation, FMHRC Form 1004 (Revised 7-1-15) or Spanish FMHRC Form 1004 (Revised xx-xx-xx), incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06005, and proof of the relocation by the installer, as set forth herein, the Corporation shall pay the amount set forth on the voucher.

(5) In the event a mobile home owner who has been evicted for change in the use of the land chooses to abandon the mobile home pursuant to Section 723.0612(7), F.S., the home owner who received a notice of eviction on or after June 26, 2003 may collect from the Corporation $1,375 for a single-section mobile home and $2,750 for a multi-section mobile home so long as the mobile home owner delivers to the park owner the current title(s) to the mobile home properly endorsed by the owner of record with valid releases of all liens shown on the title(s). If the home owner received a notice of eviction prior to June 26, 2003, the applicant may collect an amount equal to one fourth of the maximum allowable moving expenses. In order to qualify for reimbursement under this subsection, the title certificate on the mobile home sought to be abandoned must bear the Department of Highway Safety and Motor Vehicles designation of “HS” which is the designation as a “mobile home.” No other designation will be accepted for processing and approval for payment for an abandoned home. The applicant who seeks payment under this section shall submit to the Corporation an Application for Payment for Abandoned Mobile Home, FMHRC Form 1002 (Revised 7-1-15) or Spanish FMHRC Form 1002 (Revised xx-xx-xx), incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06003, which includes a copy of the notice of eviction due to change in the use of the land comprising the mobile home park and a copy of the current title(s) to the mobile home with the proper designation of “HS” duly endorsed to the park owner by the owner of record and valid releases of all liens shown on the title. Applicants for payment under this paragraph shall also submit an Acknowledgment by Park Owner When a Home Is Abandoned, FMHRC Form 1009 (Revised 7-1-15) or Spanish FMHRC Form 1009 (Revised xx-xx-xx),  incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06010, with either the park owner’s signature acknowledging abandonment and agreeing to make payment to the Corporation, or the applicant’s signature certifying their inability to obtain the park owner’s signature; Abandonment Acknowledgement, FMHRC Form 1010 (Revised 7-1-15) or Spanish FMHRC Form 1010 (Revised xx-xx-xx), incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06011, which is a form stating when the home was abandoned and the address to which payment should be sent; and Acknowledgment of Non-Participation in Litigation and Acknowledgment of Non-Acceptance of Compensation from Park Owner, FMHRC Form 1008 (Revised 7-1-15) or Spanish FMHRC Form 1008 (Revised xx-xx-xx), incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06009. For applications approved on or after April 6, 2004, the Corporation shall forward the park owner a copy of the approval along with an invoice for payment of $1,375 for a single-section and $2,750 for a multi-section mobile home. Only completed applications will receive a date stamp. In the event the applicant resubmits the application with the required documentation, the application will then receive a date stamp assigning its priority. For applications approved prior to April 6, 2004, the Corporation shall forward the park owner a copy of the approval along with an invoice for payment of one fourth of the maximum allowable moving expenses. Please refer to the Corporation’s website for the forms referenced herein and for additional information on when to submit an application for assistance from the Corporation, and for other information regarding the Corporation, www.fmhrc.org.

(6) In the event the funds for payment of relocation expenses or payment for abandonment of the mobile home have been exhausted, the following procedures will be utilized:

(a) The applicant who has properly completed the relocation application and attached the required documentation, and been approved by the Corporation will receive a certificate, Certificate for Payment of Relocation Expenses When Funds Become Available, Form 1005 (Revised 7-1-15) or Spanish FMHRC Form 1005 (Revised xx-xx-xx), incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06006, showing the time and date of approval of payment of an applicant’s relocation expenses. Should sufficient funds become available, the Corporation shall pay the claimant for relocation expenses whose unpaid claim is the earliest by time and date of approval.

(b) The applicant who has properly completed the abandonment application and attached the required documentation, and been approved by the Corporation, will receive a certificate, Certificate for Payment for Abandoned Mobile Home When Funds Become Available, Form 1006 (Revised 7-1-15) or Spanish FMHRC Form 1006 (Revised xx-xx-xx), incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06007. The Corporation shall pay the applicant at the time the park owner has made the required payment to the Corporation for that applicant.

(7) Any abandonment claims made pursuant to this rule shall be prioritized as follows: The mail will be collected from the post office box address of the Corporation at least Monday, Wednesday and Friday, state and federal holidays excluded. Any completed applications received will be date stamped. Priority of payment of claims for abandonment expenses will be based upon the date the completed application is date stamped.

(8) The Corporation must approve payment within 45 days after receipt of the completed abandonment application, or payment is deemed approved. Once the mobile home has been abandoned, the Corporation shall forward to the park owner a copy of the approval along with an invoice for payment of $1,375 for a single-section mobile home or $2,750 for a multi-section mobile home. If the applicant’s application was approved prior to June 26, 2003, the Corporation will invoice the park owner for payment of $1,250 for a single-section mobile home or $2,500 for a multi-section mobile home.

(9) All forms referenced in these rules and utilized by the Corporation may be obtained by writing to the Florida Mobile Home Relocation Corporation, Post Office Box Box 7848, Clearwater, Florida 33758-7848 or by visiting www.fmhrc.org.

Rulemaking Authority 723.0611(3) FS. Law Implemented 723.061, 723.06116, 723.0612 FS. History–New 1-6-04, Amended 11-3-04, 10-1-08, 11-5-15., ____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Mobile Home Relocation Corporation's Board of Directors

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Mobile Home Relocation Corporation's Board of Directors

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 05, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 15, 2021