DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Mobile Home Relocation Corporation
RULE NO.:RULE TITLE:
61M-1.002Claims Procedures
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40 No. 199, October 13, 2014 issue of the Florida Administrative Register.
SUMMARY OF REVISIONS TO RULE 61M-1.002:
FMHRC proposes to revise Rule 61M-1.002, F.A.C., to remove subjection (9) because it reincorporates by reference FMHRC’s Forms which are already incorporated by reference elsewhere in the rule. Other revisions include adding effective dates to FMHRC’s revised Forms cited in the rule and removing the word “notarized” in reference to FMHRC Form 1010.
Subparagraph 61M-1.002 (1), the first sentence is revised to read:
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 07-01-15 xx-xx-xx March 25, 2008) incorporated herein by reference, 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.
Subparagraph 61M-1.002 (1), the third sentence is revised to read:
The Installer’s Form, FMHRC Form 1007, (Revised 07-01-15 xx-xx-xx March 25, 2008) incorporated herein by reference, must be used in order for the applicant’s request to be considered for approval by the board of the Corporation.
Subparagraph 61M-1.002 (1), the tenth sentence is revised to read:
Applicants for payment under this section shall also submit an Acknowledgement of Non-Participation in Litigation and Acknowledgement of Non-Acceptance of Compensation from Park Owner, FMHRC Form 1008, (Revised 07-01-15 March 25, 2008) incorporated herein by reference.
Subparagraph 61M-1.002 (4)(a), the entire subsection is revised to read:
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 Corporation will mail the voucher to the installer via-U.S. mail. 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. The installer shall have one (1) year from the date of the voucher to complete the relocation of the mobile home, receive approval of the relocation by the mobile home owner that the work performed was satisfactory, and redeem the voucher. If the installer fails to complete all necessary requirements within one (1) year from the date of the voucher, the installer shall forever be barred from redeeming the voucher and receiving payment from the Corporation. Within 30 days of receipt of Installer Voucher for Payment for Mobile Home Relocation, FMHRC Form 1003, (Revised 07-01-15 xx-xx-xx March 25, 2008) incorporated herein by reference, and proof of the satisfactory completion of the relocation by the installer, the Corporation shall pay the amount set forth on the voucher.
Subparagraph 61M-1.002 (4)(b), the entire subsection is revised to read:
(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 Corporation will mail the voucher to the applicant via-U.S. mail. The applicant shall have one (1) year from the date of the voucher to redeem it. 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. Failure to timely redeem the voucher within one (1) year from the date of the voucher shall forever bar applicant from redeeming the voucher. Within 30 days of receipt of Applicant Voucher for Payment for Mobile Home Relocation, FMHRC Form 1004, (Revised 07-01-15 xx-xx-xx March 25, 2008) incorporated herein by reference, and proof of the relocation by the installer, as set forth herein, the Corporation shall pay the amount set forth on the voucher.
Subparagraph 61M-1.002 (5), the fifth sentence is revised to read:
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 07-01-05 xx-xx-xx March 25, 2008) incorporated herein by reference, 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.
Subparagraph 61M-1.002 (5), the sixth sentence is revised to read:
Applicants for payment under this paragraph shall also submit an Acknowledgment by Park Owner When a Home Is Abandoned, FMHRC Form 1009, (Revised 07-01-15 xx-xx-xx March 25, 2008) incorporated herein by reference, 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 07-01-15 xx-xx-xx March 25, 2008) incorporated herein by reference, which is a notarized form stating when the home was abandoned and the address to which payment should be sent; and Acknowledgement of Non-Participation in Litigation and Acknowledgement of Non-Acceptance of Compensation from Park Owner, FMHRC Form 1008, (Revised 07-01-15 March 25, 2008) incorporated herein by reference.
Subparagraph 61M-1.002 (6)(a), the first sentence is revised to read:
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 07-01-15 March 25, 2008) incorporated herein by reference showing the time and date of approval of payment of an applicant’s relocation expenses.
Subparagraph 61M-1.002 (6)(b), the first sentence is revised to read:
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 07-01-15 March 25, 2008) incorporated herein by reference.
Subparagraph 61M-1.002 (9), is being deleted in its entirety.
(9) The forms adopted by the Corporation are:
(a) Homeowner Application for Payment of Relocation Expenses, FMHRC Form 1001 (Revised xx-xx-xx March 25, 2008).
(b) Homeowner Application for Payment for Abandoned Mobile Home, FMHRC Form 1002 (Revised xx-xx-xx March 25, 2008).
(c) Installer Voucher for Payment for Mobile Home Relocation, FMHRC Form 1003 (Revised xx-xx-xx March 25, 2008).
(d) Applicant Voucher for Payment for Mobile Home Relocation, FMHRC Form 1004 (Revised xx-xx-xx March 25, 2008).
(e) Certificate for Payment of Relocation Expenses When Funds Become Available, FMHRC Form 1005 (Revised xx-xx-xx March 25, 2008).
(f) Certificate for Payment for Abandoned Mobile Home When Funds Become Available, FMHRC Form 1005 1006 (Revised xx-xx-xx March 25, 2008).
(g) Installer’s Form, FMHRC Form 1007 (Revised xx-xx-xx March 25, 2008).
(h) Acknowledgement of Non-Participation in Litigation and Acknowledgement of Non-Acceptance of Compensation from Park Owner, FMHRC Form 1008 (Revised xx-xx-xx March 25, 2008).
(i) Acknowledgement by Park Owner When a Home Is Abandoned, FMHRC Form 1009 (Revised xx-xx-xx March 25, 2008).
(j) Abandonment Acknowledgment, FMHRC Form 1010 (Revised xx-xx-xx March 25, 2008).
Subparagraph 61M-1.002 (10), is revised and renumbered to subsection (9) as follows:
(9)(10) 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.
The remainder of the rule reads as previously published.
SUMMARY OF REVISIONS TO FMHRC FORMS:
Form 1001 – Reformatted placement of Form content and revised font/justification/headings; added option for applicant to provide an e-mail address; corrected capitalization; corrected spelling of “acknowledgment”; added language advising applicants of applicability of Florida’s Public Records Law; added reference to 61M-1.002; and added an effective date.
Form 1002 – Revised title of form to remain consistent with text of Rule 61M-1.002; reformatted placement of Form content and revised font/justification/headings; added option for applicant to provide an e-mail address; corrected spelling of “acknowledgment”; revised the word “I.D.” to read “identification”; added language advising applicants of applicability of Florida’s Public Records Law; added reference to 61M-1.002; and added an effective date.
Form 1003 – Reformatted placement of Form content and revised font/justification/headings; revised the word “I.D.” to read “identification”; added language advising applicants of applicability of Florida’s Public Records Law; added reference to 61M-1.002; and added an effective date.
Form 1004 – Reformatted placement of Form content and revised font/justification/headings; added option for applicant to provide an e-mail address; corrected capitalization; revised Form to indicate failure to attach proof of payment in full to installer and a copy of a photo I.D. or driver’s license “may” as opposed to “will” result in a denial of claim for compensation; deleted requirement that Form be notarized; added language advising applicants of applicability of Florida’s Public Records Law; added reference to 61M-1.002; and added an effective date.
Form 1005 – Reformatted placement of Form content and revised font/justification/headings; corrected capitalization; corrected spelling of “supersedes”; added language advising applicants of applicability of Florida’s Public Records Law; added reference to 61M-1.002; and added an effective date.
Form 1006 – Reformatted placement of Form content and revised font/justification/headings; corrected capitalization; corrected spelling of “supersedes”; added language advising applicants of applicability of Florida’s Public Records Law; added reference to 61M-1.002; and added an effective date.
Form 1007 – Reformatted placement of Form content and revised font/justification/headings; deleted language directing applicants to visit FMHRC’s website for more information to assist in completing the Form; added language advising applicants of applicability of Florida’s Public Records Law; added reference to 61M-1.002; and added an effective date.
Form 1008 – Reformatted placement of Form content and revised font/justification/headings; added language advising applicants of applicability of Florida’s Public Records Law; added reference to 61M-1.002; and added an effective date.
Form 1009 – Reformatted placement of Form content and revised font/justification/headings; added language advising applicants of applicability of Florida’s Public Records Law; added reference to 61M-1.002; and added an effective date.
Form 1010 – Reformatted placement of Form content and revised font/justification/headings; deleted requirement that Form be notarized; added language advising applicants of applicability of Florida’s Public Records Law; added reference to 61M-1.002; and added an effective date.
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: During discussion of the economic impact of this rule at its Board meeting, which included a review of economic and non-economic adverse impacts, small business considerations, and regulatory cost increases (direct and indirect), the Board concluded that this rule change will not have any impact on its current operations, implementation of the rule, or affairs of the Agency. The proposed rule changes are primarily typographical and to remove redundant, unnecessary language. The rule and forms will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. No person or interested party submitted additional information regarding the economic impact at that time or at any time during the Agency’s rulemaking process. 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.
