Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-31 - MOBILE HOME PROSPECTUS AND RENTAL AGREEMENT RULE › Section 61B-31.001 - Prospectus and Rental Agreement

Current through Reg. 50, No. 138; July 16, 2024
(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 section
				723.011(3),
				F.S., 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 section
				83.760, F.S. (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 section
				723.037, F.S., 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 section
				723.031, F.S. 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 section
				723.031, F.S.
(m) Amendments to reflect changes in
				facilities or structural amenities after a natural disaster, as long as the
				requirements of section
				723.037, F.S. 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 section
				723.037, F.S.
(p) Amendments to describe new facilities,
				services or utilities in the park.