Florida Regulations 61B-31.001: Prospectus and Rental Agreement
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(1) The prospectus shall clearly describe all matters required by chapter 723, Florida Statutes, and shall not contain other information except as permitted by the Division to fully and fairly disclose all aspects of the park and the offer.
(2) Subject to the provisions of Florida Statutes § 723.011(3), if the park is to be developed in defined sections, the information required in the prospectus may be described by section.
(3) With regard to a tenancy in existence on June 4, 1984, the prospectus shall contain the same terms and conditions as rental agreements which were required to be offered pursuant to Florida Statutes § 83.760 (1983), and any provisions required by chapter 723, F.S., not inconsistent therewith. A copy of each form of the existing rental agreements identified by the lots to which it applies shall be included in the prospectus filing filed with the Division. The Division will not as part of the examination of the prospectus investigate to determine if the content of the prospectus contains the same terms and conditions as the rental agreements which were required to be offered. If it is later determined that the prospectus varies from the offered rental agreements, an amendment to the prospectus will be required.
(4) The prospectus distributed to a home owner or prospective home owner shall be binding for the length of the tenancy, including any assumptions of that tenancy, and may not be changed except in the following circumstances:
(a) Amendments consented to by each affected home owner and the park owner.
(b) Amendments to reflect new rules or rules that have been changed in accordance with procedures described in Florida Statutes § 723.037, and the prospectus.
(c) Amendments to reflect changes in the name or address of the owner of the park, name or address of the mobile home park or the name or address of the park manager or management company.
(d) Amendments to reflect changes in zoning.
(e) Amendments to reflect a change in the person authorized to receive notices and demands on the park owner’s behalf.
(f) Amendments to reflect changes in the entity furnishing utility or other services.
(g) Amendments required by the Division.
(h) Amendments required as a result of revisions of chapter 723, F.S.
(i) Amendments to add, delete or modify user fees for homeowners, so long as the park owner does not violate Florida Statutes § 723.031 by charging a user fee for a service previously included in lot rental amount unless a corresponding reduction in lot rental amount is provided.
(j) Amendments to correct scrivener’s errors.
(k) Amendments to reflect changes to the mobile home park property description due to a change in land use, condemnation or other legal action which changes the mobile home park property or a portion thereof.
(l) Amendments made to conform the prospectus to requirements of federal, state and local government ordinances, statutes, and regulations, including, but not limited to, the Fair Housing Act, the Americans with Disabilities Act, or the Telecommunications Act of 1996, where there is no charge to the home owner, except as provided in Florida Statutes § 723.031
(m) Amendments to reflect changes in facilities or structural amenities after a natural disaster, as long as the requirements of Florida Statutes § 723.037 are met.
(n) Amendments to revise, renew, or extend an underlying ground lease.
(o) Amendments to reflect reduction in services or utilities in accordance with the procedures described in Florida Statutes § 723.037
(p) Amendments to describe new facilities, services or utilities in the park.
(5) The park owner shall describe in the prospectus the manner in which lot rental amount or user fees may be raised as follows:
(a) In the case of lot rental amount, a statement that the mobile home owner shall be notified of the increase at least 90 days prior to the increase. In the case of user fees, a description of the notice will be provided.
(b) Disclosure of all components of lot rental amounts and disclosure of all user fees to be paid by the home owner. Each type of charge shall be separately listed. The disclosure of all charges except user fees, shall appear in one section of the prospectus. User fees shall be disclosed in a separate section immediately following the section relating to lot rental amount.
(c) A description of all factors, including cost where applicable, for each type of charge which may result in an increase of those charges to the home owner. The factors shall be preceded or followed by a statement that an increase in one or more of the factors may result in an increase in the lot rental amount or user fees.
(d) If the home owner is responsible for pass-through charges, a statement of that fact and a description of the manner in which the pass-through charges will be assessed. The manner shall include the method of allocating the charges.
(6) The current dollar amount of each type of charge shall also be stated in the prospectus and rental agreement. The park owner may provide blank spaces for the required amounts and write in the amount prior to delivery to the home owner.
(7) If there are user fees, a copy of the user fee agreement shall be included as an exhibit to the prospectus.
(8) For those rental agreements in effect on June 4, 1984, the annual period shall commence with the effective date of any change initiated by the park owner on or after June 4, 1984; or, if a written agreement was then in effect, the duration period stated in the rental agreement. Initial tenancies commencing on or after June 4, 1984, may be for a period of less than one year where the park owner elects to have the term of all rental agreements within the park expire on the same date. Initial tenancy, as used herein, shall mean neither a rental agreement nor occupancy occurred prior to June 4, 1984.
(9) The park owner may use more than one form of the prospectus in the park. Each form prospectus shall be filed with the Division as a separate filing.
(10) The last page of the prospectus shall contain the date the prospectus is determined by the Division to be adequate to meet the requirements of chapter 723, F.S., and an identification number assigned by the Division and the lot number to which the prospectus applies. If the prospectus has been revised to include amendments as described in this rule, the date shall be the original approval date and the latest revision date.
(11) Only a prospectus which has been determined by the Division to meet the requirements of the Statutes and these rules may be delivered to a mobile home owner.
(12) The park owner shall deliver the prospectus to existing home owners prior to the renewal of their rental agreements, or prior to entering into a new rental agreement, or prior to increasing the lot rental amount. Once a home owner has been given a prospectus, the park owner shall not be required to provide another prospectus but shall provide amendments, as described in Fl. Admin. Code R. 61B-30.002, and this rule.
Rulemaking Authority Florida Statutes § 723.006(7). Law Implemented 723.003(6),(17), (21), 723.031, 723.006(8),(10), 723.011, 723.012, 723.031(7) FS. History-New 1-10-85, Amended 10-20-85, Formerly 7D-31.01, Amended 8-2-87, 10-13-87, Formerly 7D-31.001, Amended 11-15-95, 4-30-00.
Terms Used In Florida Regulations 61B-31.001
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
(3) With regard to a tenancy in existence on June 4, 1984, the prospectus shall contain the same terms and conditions as rental agreements which were required to be offered pursuant to Florida Statutes § 83.760 (1983), and any provisions required by chapter 723, F.S., not inconsistent therewith. A copy of each form of the existing rental agreements identified by the lots to which it applies shall be included in the prospectus filing filed with the Division. The Division will not as part of the examination of the prospectus investigate to determine if the content of the prospectus contains the same terms and conditions as the rental agreements which were required to be offered. If it is later determined that the prospectus varies from the offered rental agreements, an amendment to the prospectus will be required.
(4) The prospectus distributed to a home owner or prospective home owner shall be binding for the length of the tenancy, including any assumptions of that tenancy, and may not be changed except in the following circumstances:
(a) Amendments consented to by each affected home owner and the park owner.
(b) Amendments to reflect new rules or rules that have been changed in accordance with procedures described in Florida Statutes § 723.037, and the prospectus.
(c) Amendments to reflect changes in the name or address of the owner of the park, name or address of the mobile home park or the name or address of the park manager or management company.
(d) Amendments to reflect changes in zoning.
(e) Amendments to reflect a change in the person authorized to receive notices and demands on the park owner’s behalf.
(f) Amendments to reflect changes in the entity furnishing utility or other services.
(g) Amendments required by the Division.
(h) Amendments required as a result of revisions of chapter 723, F.S.
(i) Amendments to add, delete or modify user fees for homeowners, so long as the park owner does not violate Florida Statutes § 723.031 by charging a user fee for a service previously included in lot rental amount unless a corresponding reduction in lot rental amount is provided.
(j) Amendments to correct scrivener’s errors.
(k) Amendments to reflect changes to the mobile home park property description due to a change in land use, condemnation or other legal action which changes the mobile home park property or a portion thereof.
(l) Amendments made to conform the prospectus to requirements of federal, state and local government ordinances, statutes, and regulations, including, but not limited to, the Fair Housing Act, the Americans with Disabilities Act, or the Telecommunications Act of 1996, where there is no charge to the home owner, except as provided in Florida Statutes § 723.031
(m) Amendments to reflect changes in facilities or structural amenities after a natural disaster, as long as the requirements of Florida Statutes § 723.037 are met.
(n) Amendments to revise, renew, or extend an underlying ground lease.
(o) Amendments to reflect reduction in services or utilities in accordance with the procedures described in Florida Statutes § 723.037
(p) Amendments to describe new facilities, services or utilities in the park.
(5) The park owner shall describe in the prospectus the manner in which lot rental amount or user fees may be raised as follows:
(a) In the case of lot rental amount, a statement that the mobile home owner shall be notified of the increase at least 90 days prior to the increase. In the case of user fees, a description of the notice will be provided.
(b) Disclosure of all components of lot rental amounts and disclosure of all user fees to be paid by the home owner. Each type of charge shall be separately listed. The disclosure of all charges except user fees, shall appear in one section of the prospectus. User fees shall be disclosed in a separate section immediately following the section relating to lot rental amount.
(c) A description of all factors, including cost where applicable, for each type of charge which may result in an increase of those charges to the home owner. The factors shall be preceded or followed by a statement that an increase in one or more of the factors may result in an increase in the lot rental amount or user fees.
(d) If the home owner is responsible for pass-through charges, a statement of that fact and a description of the manner in which the pass-through charges will be assessed. The manner shall include the method of allocating the charges.
(6) The current dollar amount of each type of charge shall also be stated in the prospectus and rental agreement. The park owner may provide blank spaces for the required amounts and write in the amount prior to delivery to the home owner.
(7) If there are user fees, a copy of the user fee agreement shall be included as an exhibit to the prospectus.
(8) For those rental agreements in effect on June 4, 1984, the annual period shall commence with the effective date of any change initiated by the park owner on or after June 4, 1984; or, if a written agreement was then in effect, the duration period stated in the rental agreement. Initial tenancies commencing on or after June 4, 1984, may be for a period of less than one year where the park owner elects to have the term of all rental agreements within the park expire on the same date. Initial tenancy, as used herein, shall mean neither a rental agreement nor occupancy occurred prior to June 4, 1984.
(9) The park owner may use more than one form of the prospectus in the park. Each form prospectus shall be filed with the Division as a separate filing.
(10) The last page of the prospectus shall contain the date the prospectus is determined by the Division to be adequate to meet the requirements of chapter 723, F.S., and an identification number assigned by the Division and the lot number to which the prospectus applies. If the prospectus has been revised to include amendments as described in this rule, the date shall be the original approval date and the latest revision date.
(11) Only a prospectus which has been determined by the Division to meet the requirements of the Statutes and these rules may be delivered to a mobile home owner.
(12) The park owner shall deliver the prospectus to existing home owners prior to the renewal of their rental agreements, or prior to entering into a new rental agreement, or prior to increasing the lot rental amount. Once a home owner has been given a prospectus, the park owner shall not be required to provide another prospectus but shall provide amendments, as described in Fl. Admin. Code R. 61B-30.002, and this rule.
Rulemaking Authority Florida Statutes § 723.006(7). Law Implemented 723.003(6),(17), (21), 723.031, 723.006(8),(10), 723.011, 723.012, 723.031(7) FS. History-New 1-10-85, Amended 10-20-85, Formerly 7D-31.01, Amended 8-2-87, 10-13-87, Formerly 7D-31.001, Amended 11-15-95, 4-30-00.