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HomeMy WebLinkAboutHacienda Village ~, I i I" -' .. t f ! -' e DRAINAGE EASEMENT HACIENDA VILLAGE, INC., a Florida corporation, hereinafter called "Grantor," for Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid, receipt of which is hereby acknowledged, does hereby grant to the City of Winter Springs, Florida, hereinafter called "Grantee," whose address is One North Fairfax, Winter Springs, Florida, 32707, a non-exclusive easement for the use and maintenance of drainage facilities within a right-of-way described on Exhibits "A" and "B", which are attached hereto and made a portion hereof by reference, and is known as "Gee Creek." IN WITNESS WHEREOF, Grantor has caused this easement to be executed this 31st day of January, 1974. :Z~~~ Lance A.Lawrence ,11,,- Secretary _:-- -. ." . -~- r' " ~ ',/ ~.. (Corpot;'a te'-:~~~a~); STATE OF FLORIDA COUNTY OF ORANGE , ,- r"-. I HEREBY CERTIFY that on this 31st day of January, 1974, before me personally appeared Lance A. Lawrence, Secretary of HACIENDA VILLAGE, INC., a corporation under the laws of the State of Florida, to me known to be the person who signed the foregoing instrument as such officer and acknowledged the execution thereof to be his free act and deed as such officer for the uses and purposes therein mentioned and that he affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal at Orlando, County of Orange, and State of Florida, the day and year last aforesaid. ot ry My co expires,: tfOTARY PUBLIC, STAlE OF FlORIOA AT LARat MY COMMISSION EXPIRES FEB. 21, 1976 .bNDED THROUGH MURoskl' HUCKl..'URY. INC. This Instrument Prepared by: Jack Cooper, Esquire P. O. Box 1346 Winter Park, Florida 32789 ,. 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W ~' W (j) <( w w l!) <( z - <C. ~ o :i~"j:tjfi;;:'.-,) J".~:4~~~;{l;:)::fl'1;;,:;'~;~;;.,,,:t:>:~'''-'::~:-':.:~' .; - e ,-- DRAINAGE EASEMENT HACIENDA VILLAGE, INC., a Florida corporation, hereinafter called 11Grantor," for Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid, receipt of which is hereby acknowledged, does hereby grant to the City of Winter Springs, Florida, hereinafter called "Grantee." whose address is One North Fairfax. Winter Springs. Florida. 32707, a non-exclusive easement for the use and maintenance of drainage facilities within a right-of-way described on Exhibit "A," which is attached hereto and made a portion hereof by reference, and is known as "Gee Creek." IN WITNESS '~ER~, to be executed this / g --- Grantor has caused this easement day ~ ,1974. HAC ENDA VILLA . , INC BY'~ d~"A_ ,'-- ance A. Lawrence Secretary ~~ -J~. .,-. ~o.~ (Corporate Seal). STATE OF FLORIDA COUNTY OF ~ ~ I HEREBY CERTIFY that on this J'~~ day of 1974, before me personally appeared Lanc~wrenc Secretar of HACIENDA VILLAGE, INC., a corporation under the laws of the State of Florida, to me kno~~ to be the person who signed the foregoing instrument as such officer and acknowledged the execution thereof to be his free act and deed as such officer for the uses and purposes therein mentioned and that he affixed thereto the official seal of said corporation. and that the said instrument is the act and deed of said ;qrooration. ~SS my hand and official seal at a / ~ , County of ~ , and State of Florida, ih~d~y and year last aforesai -:--~7 . . . --/ta~. llc expires: NOTARY PlJBlIC. STATE OF flORIDA AT LARGE MY COMMISSION EXPIRES FER. 21. 1976 aONP-Ll) THROIJGH MUROSKI' HUCKLEBERRY. INC. Ii . . j ~I l....i. .." ". . . _,ii.-' ',~?, .1:T'" -, - ":':';~-:\1l~":,,,;,,:,'~"'~~:i-~:~<,l,~~ _ lll'!'l!i.~; ...",__fry"',':i~: -1, .",,,,.,, ~,"'r';'~-?:i!J'!!~~l!'i..~~~_ <om""" ~. _","""'- ~, ""","",-,._"""''''."1'<.,. - e ..... '-l.;.4 a.... ..............& j, ".;' i I (a) . Single wide mobile homes :,.:;.:;~ . 1. (Including hitch) Nominal en th of mobile to 40' 41' to 60' 61' home [, u""" u Frame ties er side Over-the-roof ties 'Oer side Number of anchors 'Oer side 3 5 "7 I 3 3 3 3 5 7 '2. 'l'ie-down straps All tie-down straps shall be l~" X .035" galvanized (.30 oz. per sq.ft.) steel strap conforming to federa~ I spec. QQ-S-781F, Type 1, Class B, Grade 1 (or equivalG~t) 3. The first over-the-roof and frame tie point must be within twenty-four (24) inches or at first stud and truss from each end. All other over-the-roOf and frame ties shall be as equally spaced as is feasible. All frame ti~~ shu 1.. be s~cured to t~e main steel beam that runs the length of the hom~. (b) Double wide mobile homes Double wides shall have frame ties installed within twenty-four (24) inches of each end and at intervals as described for single wide homes. These specifications are minimum standards set by the Department of Highway Safety and Motor Vehicles. The number of over-the-roof and frame ties may exceed the minimum standards, if the mobile homu manufacturer's certifying registered engineer so specifies on his .' certified plans and specifications. Provided, that those mobile homes which are presently tied down in compliance with the requirements of the insurance company insuring same, or the city or county wherein such mobile homes a~e located, and have been approved by the insurer, shall he de~re~d to have complied with the tie-down standards of the departm~~t d~ . l;~l~ :L:orth on the attached pages. Upon relocation of such ("Old." hOlllUU, howovar, tho dopa.rtment tie-clown roquir<.HCH..lnLu ,.h..ll "",11 'f- /~ \~lfl~_~ .~~~ MOBILE HOME COMMUNITY 500 LCNGWOOD-OVIEDO ROAD (SR434) NORTH ORLANDO, FLORIDA 32707 _____n__________________________ ------------7---------- ---- ----------- LEAS E - --.-------- ----------------------------.--- -- ----_________________ i LEASE entered into at North Orlando, Florida this ...J.9.t...... day of ..........~~.................... 19..7.?......... between HACIENDA VILLAGE (Management agent for Western Land Planning Company) and ................................... .~.~..f.;1,.~..~y................ (Lessee). WHEREAS. Lessor is the owner of real estate located in Seminole County, Florida developed into a mobile home park known as HACIENDA VILLAGE (Park), and WHEREAS, Lessee IS the owner of a mobile home and desires to lease space in the park for his mobile home. f' NOW. THEREFORE. the parties mutually agree as follows: 1) In consideration of the payment of rents. the full and faithful observance of all covenants of this lease and the "-- faithful observance of the Rules and Regulations of the Park, Lessor hereby leases to lessee Lot Number .....~..<j{,..."'?l. HACI ENDA VI LLAGE. for installation thereon of Lessee's mobilehome (.............y~~~......................~............... .~.12.... Z.4.:x:4.a................... ................ :............................................................................ .~~.~.~~:'~~~~:... ............... ............) ,', Model i {, Serial Number. , i ' The mobile home and the lot shall be occupied by Lessee and by Lessee's family consisting of .......~.............. adults and .........N.o.......... children; 2) The term of this lease shall be for a period of one (1) year. commencing bn the ......J.st...... day of .~~.................................19..7.~.... and terminating on the .....~~~..... day of ...;......~....................... 19..'m .75. Rent,;!;. . '. & ~.~ lease, maxi.nun irK:rease.$ 5.00 each year. (,-t, ~ p ;J.II~.; 3) The following p menu shall be made during the terms of the Lease: ~ a) Annual rental of $J~7~~.99.......... plus sales tax of $.......:::9::-........... (4%)' payaple in equal monthly installments in advance, as follows: $~~.~.9~L............ upon the execution of this Lease. constituting payment of the first month's rent. and a like sum on the 1st day of each month thereafter for the term of the Lease. b) Entrance fee in the sum of $....'::".~.............. which fee shall be paid by Lessee at once/equally over a 12- month period (cross out one) with no interest accruing to Lessee. 1st & Iast M::lnth 'S. Rent. c) Deposit. upon execution of the Lease, in the sum of $.9.6.0.0............. to be retained by Lessor as a security for performance by Lessee of all terms. covenants and provisions of this Lease. In consideration of any default by Lessee. Lessor may apply the deposit to the damages and expenses resulting from such default. The deposit shall not constitute liquidation damages for excessive claims. Upon termination of this Lease or any renewal thereof, Lessor shall return the balance of the security deposit to Lessee less sums retained for defaults and damages. d) Lessee agrees that he has obtained a copy of the Rules and Regulations. has read them in full and under- (stands them completely. Lessee agrees on behalf of himself, and on behalf of all those who may occupy his mobile home as a resident or as a guest from time to time, to comply with these Rules and Regulations and with any additions o. mod;tl",tion, deemed n"""",ny by Le"o. fo~ the pmoo. ,nd eW,'ent op",,'on of the P"k. L",,", '9"'" to notify Lessee of additions or modifications of the Rules and Regulations. e) This Lease may be cancelled at Lessee's option and Lessee shall be relieved upon cancellation of any future responsibilities or duties arising out of this Lease, the covenants and conditions or Rules and Regulations, but shall be held responsible for any damages arising from defaults prior to the effective date of cancellation. Cancellation shall be made by written notice given by Lessee to Lessor at least five (5) days prior to termination. i f) If the Lessee shall fail to pay the 'rent as provided in Paragraph 3 at the time and in the manner stated. or i shall fail to keep ~nd\perform; a~y other conditions. stipulations 'or agreements contained' on his part to be kept and performed. including the Rules and Regulations, or should title to or possession of Lessee's mobile home located in the Park be sold, assigned, voluntarily, involuntarily or by operation of law. or should any creditor or creditors of L~see or any rec.eiver or trustee on behalf of such creditor or creditors, or any other person or persons by levy. attachment or other proceedings. obtain title to orl possession of said mobile home, or shall Lessee voluntarily or involuntarily become a bankrupt. the same shall constitute a forfeiture of this Lease and of all rights of the Lessee hereunder as provided in .~. the next paragraph. . In the event of a breach of any covenant by Lessee, other than nonpayment of rent for which no notice shall be required. Lessee shall have fifteen (15) days after notice by Lessor to cure or discontinue such breach, and failure to cure or discontinue such ;breach within such time shall operate as an automatic forfeiture of this Lease. g) Lessee shall pay and discharge all costs. expenses and attorney fees which shall be incurred or expended by Lessor due to any breach of any hovenant, provision or condition of this Lease or of the Rules or Regulations by Lessee. h) This contract shall be binding upon Lessor. its successors or assigns, and upon the heirs. assigns, administra- tors or legal representatives of Lessee. as the case may be. IN WITNESS WHEREOF. the parties hereto have executed this instrument for the purposes herein expressed the day and ~ above written. . WI.~~~c;?~~ Pet Fee: ................-.............. HACIE~DA VI GE. Lessor~" ~ tf. By..... ..................................... .....a~~... .- .. .. ..~~ Iessee.:.... Lessee: ..'..................................................;,...................................................... '"'.,w...,...~, ._~,.......c.~........'-'?l~TFUjl.'-IJ:lq~.: _ White.. C.>>~.,~_CQP'f. Yellow . ~~~~i"Il~ODY~~i"k -,Mai"~~,' .", . . .&~. ~ . . .e . ......:-,".,.,.,"'",.f . RULES & REGULATIONS HACIENDA VILLAGE MOBILE HOME COMMUNITY HACIENVA VI LLAGE w.i6hu t.o extend a heaJlty WELCOME to OWl new llu.i..den:U. The goal .i..n planh-tng a.nd develop.i..ng HACIENVA VI LLAGE h46 been to Clteate a beau.U6ut paJt1z.! 00 peace and quiet, lovety glZ.OWld6 and com60llt wh.i..ch will pltov.i..de a caILe61lee way 06 U6e nOIl you, YOWl oamUy and guu.t&. We Me plloud 06 HACI ENVA VI LLAGE and we know you wLU beah, 0 . S.i..nce th.i6 .i6 YOWl. home, you w.i.U want to keep U 46 lovely 46 U .i6 now. It .i6 up to you 46 llu.i..dent6 t.okeep U ~ o. HACI ENVA VI LlAGE h46 ceJLta.in poUuu that con.tll..i..bu.te to the qu.aLU:.y which they want to uphold. Y~ M~.i6tanc.e and cocpe.tr.a.ticn ,lJ.i...U, be glteatly applledated bec~e th.i6 ~ YOUR HOME.' .. . VEPOSIT ; Tenant bha..U. lea.ve on depo4U the amount 06 one (1) month' ~ leMe. Th.i6 depo~U w.iU be lle6wlded to the tenant wUhin 30 daY4 06 vac..a.ti.ng plle.m.i4U wlih the exception 00 any amount neCU.6a1lY 601t any dean.i..ng, ltepcUJr. 06 lot, Olr. othell. mon.i..u due the PMk 4uch a6 ta..te Iten.tal. paymerr.t c.haJLgU, cl.ubhou.6e damage, pool damage, etc. MONTH LY RENT; Monthly Iten:tetl .u, paya.ble .in a.dvance ort Olt be60lte the 6.i.Jc4t day 00 each month. PaymetLt6 Itecuved aoteJt the 6.i..Mt 06 the month w.iU be 4ubject to a ten pell. cent (10%) deLinquent chMge. I OCCUPANCY; No mobUe home ~haU be' ~uble.t nolt M~-ignment 00 th.i6 leMe made w-lthou.t wlVUten co~ent 00 Management. No ~ale 06 tenant' ~ mobUe home ~hal.l. c.MJty wUh U any ILighu -in tlU..6 le46e wUhou:tthe expllu.6 co~ent 06 Management and any attempt to otheJlW~e tJta~6eJ1. ltighu 06 the UMe ~haLe. be nutl, vo-id and 06 no e66ec.:t. . GUESTS & CHI LVREN: AU. guuu mU.6t be accompaJu.ed by a Itu.i..dent when U.6.i..ng the lteClteat.i..onal 6aci.UUu. CltUdllen Me welcome M guu:t~ and v~LtoIL6, howeveJI., chi1.ciJLen undell. 12 mU.6t be ~upeJtv~ed by an adutt.i..n the Itec.lteat.i..on and pool MeM. Ru.i..denu hav-ing cWciJLen 46 v~UoM Me lteque.6ted to do~ely ~upell.v~e the..i..ll. acUvWu -in oJtdeJI. to Tl'.cUntai.n the quiet and com60lltable atmo.6 phell.e 06 HACI ENVA VI LLAGE. Tenant tdill be held 6uUy lZ.upoM..i.ble 601t any damage done to the paJth plZ.opell.ty all. the pltopell.ty 06 otheJrA by 1Li/, c.Wdllen all the cWdJten v.i6Wng w..i.:th . r~. B-icyc.l.u and toy.6 Me not tu. be le6t ..i.n tile .6tJteet.6. A max..i.mum 06 two guuu pell.tenant ~ aUowed .in the lteCltea.Uon alteM. Contact the 066.ic.e c..onceJl.Yl...i.ng hOU6 e guuu a.nd p0.64.i..ble excep:tio~. PETS: Pet.6 wLU be peJun.i..tt.ed at the cU6C1te;ti.on 06 :the Mana.gement w.U:h wlVUt~ a.ppJtoval no:ted on tena.nt'.6 leMe and a $50.00 depo.6U 601t each pet CA.ill be depo.6Ued .i..n advance. AU pw mU.6t be kept undeJt conbtol at aLe. wu a.nd mU.6t. be on a leMh when outdooM and walked .in the po~ted MeM .i..n oltdeJI. not to 066end non-pet OWtteJrA. It ~ mO.6t annoy.ing to othelr. 1te6.iden.t6 to be .plagued by mU~U -in Me46 Mound the..i..ll. homu. ,'~...;,~ ."",""oll'~j:'~';~ ,,,.,., .' -, " e e - 2 - SPEED LIMIT: The 6peed Umit within the PMk .u, 1LC6.tJzicted to 15 mUu peIL hoWL a;t aU .t.i..mu .60 M to MI.lWLe max..i.mum .6a6c;tlj. PARKING OF VEHICLES: Tenant Oft. gue1Jt1J Me to pMk theift. ve/zici.u on theift. OWlt d:ri..veLt'ay onty and not on the .6.tJLee.:t1J OIL on the l(U,llH. Thue MeM mu..ot be kept open 60IL emelLgency ve/zic.f..u (PoUce, Fitre and Ambulance) . Leu Me duigned 60IL JtOt mOlLe than ~o (2) veltictC6 peIL mobile home unit. 16 addWonal. palt.king .u, needed nOIL paJLtiu, etc., checll with Management a.nd you. may u..o e the Sa.f..u 066.(ce OIL :the Rec.ILea..tion Bu,U.dirlg pMlung Iou. FHJCES: Two typu 06 6encu will be pelLmU.te.d by the pM':.. Both alt.e o~wood and alt.e not to exceed 5' in hught noft. alt.e they to be Vte.c.ted in the nft.ont 06 a.ny mobile home. The two type,~ pvooi;t;ted Me a. Ba..6ket Weave 6etlCe and a Shadowbox. AU.. 6encing mMt be applLoved by :the Managemen.t be60lte they alt.e built. TELEPHONES: Telephone connectioM Me available at aU .6pacu by unde.IL- gltC'und cabte. Pu,bUc te.iephonu alt.e avaif..abte 60ft. yoWl U6 e .if! the pMk. LOT CARE: Each mobile home lot .6haU be kept clean, neat and ~'la.ctive and no debw OIL equipment 06 any natWLe .6haU be .6toJr.ed on the pILem11Ju out1Jide the mobile home. Management aM:...tclu may be .6tolLed unde.ILneath mobUe home belzind peJz..manent .6k.iJz...t. Lawn calLe will be oWlY'viAhed by the Mana.gement. No .6/vwb.6, 6toWe.IL.6, OIL .tItee..6 pf..anted on pILopeJLty .6ha..te. be Jtemoved by tena.u;t u.nte..6.6 Itecu.6a1Ly .in the ILemoval. 06 t.he home. The ptaltt.ing 06 :tJr.eu, .61l1l.u.b.6, etc., .u, encoMaged but to pMtec.t undeILglLound fL'ti.U,Ue..6 pl.a.ntiltg MUST be ctealLed thJr.ough the 06 nice. LOT 1 MPROV(MENT: No cC'n.6.t1tu.cti.on inc1.u.diltg pOlLchu, .6tep,6, awrU.ngl.l, u.ti.LUy building.6, c.abanM, a.iJr.. condi.u.one.lL.6, e.iec.:tJr.ical., plumbing Oil. bu.-Ud..i.ng addU.lon.6 will be peJz..mU.ted without COn.6uUblg the Management. Vio.ta.:ti.oltl.l 06 th.L6 lLegu.f..a..tion .u, .6ubjec..t to having COn.6:tJr.ucti.on ILemoved at tenant'.6 exp et11J e. TRASH: GMbage, ,wbb.i..6lt, etc.., will be placed in galLbage can.6 onty. Fee nOIl. pickup 06 one 20 gallon conta..ineIL iI.l ,[ncluded in the ILent. Tenant may pft.ovide additional 2. 0 gillon COI1.ta.i.He.M i6 necu.6aJ!.lj. Foil. each adc:Li..:Uonal. cOlttaineJt at h.U, mobile home, the tenant will pay an addU.lonal. chMge 06 50 cen.t6 peIL month. GMbage will be. picked up -tv:ice a week. 16 YOM gMbage -iA not ft.eJ1loved, p.teMe 11o.t.i.6Y the 066-i.ce c:.t onc.e. UTI LITI ES : Palt.k wLU. 6WLn.l6 It wa..teJr.. and -6 WelL ou.t.ew to each lot. GM and e..tec.tJr...i.c..liy will be metVted cLi1tectly to e.adt lot by t.he u.t..i.Li.;ty c.ompany and b.lf...ted to the tenant. Anaddit..i.onai chMge w.ltl be made to tho.6e tenanu owning thw own wa..6fUng machine 06 $5.00 pe.IL month. ThM chaILge .u, not t.o cU.6c.owr.age .6uch owne.lL.6hip, me./te1y to cove.Jt the additional. CO.6t 06 M.'ate.Jt and .6e.LvVt. LAUNVRY: LaundlLy 6aci..Utie..6 o~ WMhe.1L.6 and d1l.lje.1L.6 aILe pltov,[ded. Clo:thu Me not .to be hUHg out1Jide to dlLlj. l 1 e - 3 - e . NUISANCE: Any lLuident. that .u, CJl.ea.t.Lng a 1'lt..U.6anc.e OIL tltouble w,[tfUn the pa1l.k .u, ~ubject to evic.tion 61L0m the palL"- upon notice nlLom Management. NOISE: ' Tenant ~ha,U not make any exceMive no.u,e OIL p.la.y any /ta.d,[o, ~telteo, tdev.u,ion.6 e.t, mMic.al iMtltument .60 .tourLe.y that they Me. objec.tionab.te and annoy othelt tena~. BUSINESS: No commeltci.ai. enteltpwu OIL adveJLtU,ing nOIL ~uc.h commeltua..l enteJtpwu .6ha.U be conducted on :the plLe.nU-6U. PeddUng OIL ~oUci.ting Me plLolUbUed in :the. PMk. wUhout :the explLu~ wltitten co~eJLt 06 the PMk.. Noticu may be 'p.taced on the PMk. buU.e..:ti.n a6telt applWval 06 :the. Ma.na.g ement. ALCOHOLIC BEVERAGES: No a..tcohoUc oevelta.gu ~ha.U be .6o.td, .6e1lved OIL cOMumed in the lLeCJl.ea.Uona..t Mea OIL in OIL about any bu.U.ding wfUc.h i.6 PMk plWpelLt.y,untU.6 applWved by :the Management. INSURANCE: 'The. owneJl4 06 HACIENVA VI LLAGE ab~o.tve. thcln6dvu nlLom any - and a.U UabiUty OIL ILupoMibiUty pelLt.a.bung to .t0~.6 by 6iJte., the6t, accident, peJl40nal injUlLy OIL any o:thelt mi.6hap :to any :tenant, guu:t OIL . vi.6UoIL. _ '. ' . TELEVISION: No TV ante.nna.6 Me. :to be eIlecte.d on OIL about the. mobi.te home unLt. Cab.te TV w.m be oUelLe.d :to pMk ILuide~. At :the .tUne 06 c.onned.ion, the 6iM:t month .6 eIlvice wil.t be 61Le.e 06 chMge.. TERM1 NA T10N OF RESIVENCY: I6 the :tenant w.u, hu to :teJun<.nate. ~ ILuide.ncy, a :tlUlLty' (30) da.y notice in wlLU:..ing .6haU. be. give.rt. Fa..U.wte. to compty w.t.U ILUuU in6oIL6eU:wte 06 de.po~U. PARK FACILITIES -- CLUBHOUSE: AU :tenanU Me. membeJl4 06 the. Community C.tub, and :the. C.tu.b- hOMe. i.6 ava.ila.b.te 60IL Me by lLuide~. Any ILuident duilLing to ILUeltve the. CfublWom 60IL a .ta.Jr.ge plLivate. pa.Jr.t.y may ~ubmU: a WJU:t:ten ILe.quu:t at .te.Mt 2 wee.k..6 in advance., giving the. .tUnu and date.. AU.. ~uch land.ioM mM:t be appILoved. Theile i.6 no ILe.ntal 6e.e., but. :the. ILuide.nt ma.k.,[ng :the. lLequut i.6 ILupoMib.te. 601L any damage, mi.6~ing Uem~ and de.a.ntinu.6. Soda.b.te. and 61Lie.ncl.e.y gathe.lLing.6 06 ILuiden:t6 and the.iJt guut.6 Me. we.tc.ome.d and enc.oWta.ge.d, plLovided, howeveJt, that .6uch ga.theJL.i.ng.6 aile not aU.owe.d:to be.come bo.u,:telloM, ob.6cene. OIL obje.ctionab.te. ge.neJta.Uy :to the. o:theIL ILuide.n:t6. Noticeabie. c/Juink.enu.6 w.U1. at no .time. be. peJtm.u.ted OIL toie.Jr.a.:ted. Ruide.n:t6 Me e.ntUtdy lLupoMibie naIL \ the conduct 06 theiJt guuu iMide OIL ou.:t6ide on :the plLe.mi.6 u. No one. undeJt 21 i.6 CLUowed in the CfubhoMe antell 1:00 P.M. untU.6 accompanied by a. Palte.nt. The. only e.x.ceptioM Me. tho.6e ILuident.6 undell 21 who.6 e name.6 Me on a ieM e. CIlil.dJr.en undeJt 12 mMt be .6Upeltvi.6 ed by' an aduU in the CfubhoMe. ..- .~ e e - 4 - SWIMAUNG POOL: UYtIle.Ct6 onabLe. 110-05 e., ILUl1tUl1g 011 the. dee.EM, pM lUng, /.1.;Jle..6Wtr.g Oft baU plaljil1g w.iU not be. toleJW.:te.d at. any -time. ThM e.onduc;t -05 dangevr.oU4 and -iA annoying to othe.Jt fte..6ide.nt6. Wtn6 lUte. pftO vide.d6 0 ft ug lUteX:tlUl, and :tJtCt6 h fte.e.eptaue..6 lUte. a vai.i.a.ble. nO ft c.an.6 and :tJtCt6 h. Ple.Ct6 e U6 e. thlUl e. 6ac..-i...tilic,~. Bo:tte.e6, gW.6 e6 Oft gla.6.6 ob j e.rn wUt not be. pvunLtte.d at. any .tUne. il1 the. viun.i:ty 06 the. pool. BJtoke.n glaM e.an e.aMe. .6e.Jt.iOM injUJty, and-i6 any gla..6.6 ge.:t.6 .into the. pool, the. fte6ult.. wUl be. the. e.lo.6ing 06 the. pool 60Jt .6 e.veJutt day.6 to a we.e.k. .60 that. .it.. e.an be. dJta.ine.d and vae.uume.d. TJtaYlh-iAtoJt JtacU..O.6, Jte.c.oJtd pR.a.ye.Jt.6 ,0Jt te.le.v-iA.io n .6 e.:t.6 may be. played .in the. pool lUtea pftov.ided the.y lUte. playe.d at. a ve.Jty low volume. .60 Ct6 not to cl-WtJtu.b othe.Jt.6. No pet6 w.iU be. aUowe.d lUtound the. pool aJte.a at. any t...ime.. No mOJte. than :two gUe6U .6hould be. .inv.it..e.d by anyone. Jte6.ident at. any time.. V-iAUoM lUte. not peJtl7l.i..;tte.d to Me. any 06 OUlt 6au.e.u.ie6 unle6.6 ac.c.ompan.ied by a Jte6.ide.nt. . ChildJte.n unde.Jt 72 ye.aM, v-iAiling Jte..6.ide.nt6, mMt be. ac.e.ompatUe.d by an adult.. membe.Jt 06 the. 6am.i.e.y clwUng the. e.IUld'.6 e.n:t.iJte. .6tatj in the. pool aJte.a. The. Manageme.nt Jte..6e.JtVe6 the. .6ole. Jt.ight.. to deny .6w-i.mm.ing Oft loung.ing pJt.ivUe.ge6 :to anyone. at. any -time. w.it..hout noue.e.. AU... Jte6.ide.nt6 and gUe6U lUte. e.autione.d that. the.lj Me :the. pool, U'.6 e.qu.ipme.nt and 6ac..i.e.ilie6 at. the..iJt own wk. The Management dOe6 not Ct6.6ume.liabU.it..y 60ft the. lo.6.6 06 pe.Jt.6ona.f. pJtope.Jt.ty OJt 60ft pe.Mona.f. .injWUj 06 Jte6.ide.nt.6 OJt the..iJt gulUlU. POOL ATTIRE! The. de.6itUt...ion 06 pftOpe.Jt pool ~e. fte.6eJtJte.d to by the poot .6-<..de.6.{,gJt dOe6 not .inc.fude. e.ut-06o .6how Oft any nOJtma..t .6t..Jtee.t.. applUte.l. Th-W -iA not only a HACIENVA VI LLAGE Jtu.f..ing, butal.6o a law 06 the. st..at.e. 06 FloJt.ida. V.iolation.6 c.outdJte6ult.. .in the. pool bung c..f.o.6e.d 60Jt Val'viOM le.ng.th6 06 t...ime.. TELEPHONE NUMBERS: The. HACIENVA VILLAGE Manage..tt'.6 066ie.e. te.le.phone. nwnbe.M lUte. 323-6057 and 834-7439. The. 834-7439 telephone. numbevr..i.6 aJUlwe.Jte.d 24 hoUM a day by e.lihe.Jt the. fte6.ide.nt manage.M Oft the. an6we.Jt.ittg .6 e.Jtv.ie.e.. \ , 16 yoUJt pho ne. numbe.Jt -iA no:t llite.d .in the. cUJc.e.c.t..oJty, ple.Ct6 e. adv-iA e. the. o06.ie.e. 00 the. numbe.Jt noJt eme.Jtge.ne.y and bM.ine..6.6 fte.Ct60M. YOUlt :tele.phot:e. numbe.Jt w.iU not be. Jte.le.Me.d to people. who e.ali nOJt tft-iA .in60Jtmation unle.6.6 yqu g.ive U6 wJt.it.t..en appJtova...f.. The Management Jte6e.JtVe6 :the. Jt.ight :to add OJt to mocU6Y :the6e Jtu.f.e6 and fte.gulatioM Ct6 the.y deem nee.e6.6aJty nOft the e.orz:Unued maintenane.e. 06 a. 6.ine Jte6.ide.n:t.ia...f. e.ommu.n.U:y. It -iA unde.Jt.6tood that. 6ailUJte .to e.omply wUh :the6e Jtu.f.e6 will be e.aM.e noJt eviw..on. .. .. "." e - 5 - . \ I, , have Ite.ad :the ooltegoing Ittl1.u and lte.gul.ation.6 I.>e.;t ooJt:th by HACIENDA VI LLAGE and :to agltee :to abide by them .unpUciil.y. Tena.nt Tenant Va.:te P Mh. Repltu e.n.ta.:t-i. v e ... ~ r \ l l ...-J iJ~'1- ~ ~/l.~ >>u- ~ /6~O. Aj-\ k, j'~. . - FLORIDA LAND COMPANY ~ A SUBSIDIARY OF FLORIDA GAS COMPANY I POST OFFICE BOX 44 I WINTER PARK. FLORIDA 32789 I PHONE (305) 644-2210 December 21, 1970. Honorable Mayor Clifford Jordan and Village Council of North Orlando 1 North Fairfax Avenue North Orlando, Florida 32707 Re: FLORIDA LAND COMPANY ZONING REQUESTS Gentlemen: f.i This correspondence is to clarify the understanding of Florida Land Company's recent zoning requests, as they relate to exist- ing deed restrictions in the Village of North Orlando~ . With such clarification, we hope that a basis might be provided for the consideration of our requests that may help in expediting these requests. The Florida Land Company was informed of the'existence and con- tent of land use restrictions when the property was.purchased. We have been advised by legal counsel that no land use restric- tions have been imposed by the Florida Legislature as a part of the village charter, nor according to the best information we can obtain, by any special act. We would like to point out that the land area proposed to be a Planned Unit Development includes the platted area of the North Orlando Ranches, Sections 11, 12, 13, 14 and 15. Deed restric~ tions were never filed and made a matter of record in Seminole County on Sections 13, 14 and 15. Deed restrictions in the other sections of the Planned Unit Development area are subject to cancellation, provided by law, since Florida Land Company totally owns all of the property contained in those areas. In the Southern Residential Area where R-1 zoning has been re- quested, we realize that our request overlaps into a portion of Orlando Ranches, Section 3. The deed restrictions on Section 3 provide that no home less than 1,000 square feet is to be con- structed. That deed restriction does not prohibit the re sub- '" " ".. e -2- e /~/ / division of previously platted land. Florida Land Company does not plan to construct homes of less than 1,000 square feet in that area; therefore, deed restrictions will not be violated. ~The primary reason for including that portion of Section 3 in the zoning request was to include the complete paving and drainage improvements of Edgemont Avenue and also to provide a future park ,area, thereby:...making a scenic separation between the R-l resi- dential area and the ranches. It becomes apparent that Florida Land Company cannot continue the trend of R-l zoning into Section 1 of the ranches since Florida Land Company has offered and sold a majority of its scattered holdings in Sections 1, lA and lB and the remain~ng portion of Section 3. We would also like to point out-that some residents who had voiced the strongest objections reside in Section 1 of the ranches and are in no way affected by the rezoning in Section 3. In other areas such as the proposed Village Center, where con- flicts between proposed zoning and land use restrictions exist, we feel that sufficient time has lapsed and conditions have changed to a degree that would warrant cancellation of restric- ,tions as provided!} by law. We, are advised by legal counsel that the present zoning ordinance has no provision relating the zoning ordinance of property to land use restrictions. We feel it is the responsibility of the municipal authorities to zone the property for appropriate use, consistent with the best interests of the public, and that the enforcement of deed restrictions does not fall within the juris- diction of the municipal government. Certainly, any residents who feel that their rights and privileges are being offended by the request of Florida Land Company should be heard. ' However, ~e feel that all parties concerned should be 'advised t6at a more ~uitable time for presenting objections would be at the~time of public hearings, rather than at the regular meetings of the Zoning Board and Village Council where a large amount of work is to be accomplished. ".0?,;~'-' "I;' r.::'~'~7Y~' '~'~11~.____>...........~,mflllun:~~i:W!!'Lti"~'iFll:'w!'W',=- '~_"'i\'i.'!ll B~f",'~,~~r..'~N ,._. .. e -3- e - ..,,- .~' We hope that the contents of this letter will assist the Zoning Board and Council and resolve any confusion between land use res- trictions and zoning under a comprehensive ordinance, so that your consideration of our requests can proceed without undue interruption. Very truly yours, -? o /'}d ( /. - . (! /" ,/ / L.-'- .( tl-ov' /-....k..-Lk L-/ J. Nolan Reed Director of Development JNR/mh Ch.83 LANDLORD AND TENANT F.S.1979 83.62 Remedies; removal of tenant; process. -In an action for possession, after entry of judgment in favor ofthe landlord, the clerk shall issue a writ to the sheriff describing the premises and command- ing him to put the landlord in possession after 24 hours' notice conspicuously posted on the premises. In the case of the removal ofthe mobile home of any ten.arL foy the ~:"caSOD ofhohJ; over -::1fler the c-xpi- ration orthe n.:'ntal agreern(~nl, v.'rit tA'pou_;c::;sion shall not issue earlier than 30 dCiYS from the ~'crvjcc of the complaint for removal upon the tenant. History.-s. 2. ch. 73-330. 83.625 Power to award p05:session and enter money judgment.-In an action by the landlord for possession of a dwelling unit based upon nonpay- ment of rent, ifthe court finds the rent is due, owing, and unpaid and by reason thereof the landlord is entitled to possession of the premises, the court, in addition to awarding possession of the premises to the landlord, shall also direct, in an amount which is within its jurisdictional limitations, the entry of a money judgment in favor ofthe landlord and against the tenant for the amount of money found due, ow- ing, and unpaid by the tenant to the landlord, with costs. However, no money judgment shall be entered unless service of process has been effected by person- al service or, where authorized by law, by certified or registered mail, return receipt, or in any other man- ner prescribed by law or the rules of the court; and said money judgment shall not be entered earlier than the day following the expiration of the time period within which the tenant-defendant would be required to file an answer or otherwise appear, were the proceeding solely an action at law to recover money damages. History.-s. 1. ch. 75-147. '. 83.63 Remedies; casualty damage.-If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises is substantially im- paired, the tenant may terminate the rental agree- ment and immediately vacate the premises. The ten- ant may vacate the part of the premises rendered unusable by the casualty, in which case his liability for rent shall be reduce4-by the fair rental value of that part of the premtSes damaged or destroyed. If the rental agreement is terminated, the landlord shall comply with s. 83.49(3) [F. S. 1973]. History.-s. 2, th. 73.330. PART III MOBILE HOME PARK LOTS 83.750 Short title. 83.751 Application. 83.752. Definitions. 83.753 Obligation of good faith. 83.754 Unconscionable lot rental agreements. 83.755 Prahibited or unenforceable provisians in mobile home lot rental agreements. 83.756 Attorney's fees. 83.757 Park owner's access to mobile home and mo- bile home lot. 83.758 Mobile home owner's and mobile home park owner's obligatian. 83.759 Mobile home parks; evictian, grounds, pro- . ceedings. 83.760 Mobile home lease. 83.761 Civil remedy; venue; court casts and attor- ney's fees; injunction. 8;1.762 Disdosure. H3.7Ga llcrnedic:::; d,~~r(~nses to L1Ctioli f(lj'j :nt or po=:~ sessian; pracedure. 83.764 Purchase of equipment, installat ion of ap- pliances; fees, charges, assessments; rules and regulations. 83.765 Mobile home parks; restrictions on disposal of mobile homes, proceedings. 83.770 Legislative findings. 83.772 Definitions. 83.774 Applicability. 83.776 State Mobile Home Tenant-Landlord Com- missian. . 83.'178 State Mobile Home Tenant.Landlord Trust Fund. ,83.780 Registration of certain mobile home parks; number of units. 83.782 Powers of the commission. 83.784 Cammission required. to act; mobile home park owners required to notify tenants of rental or service charge increases. 83.786 Commission ta resolve rental or service charge increases; rules. 83.788 Representation. 83.790 Appeal procedure. 83.792 Enforcement. 83.794 State preemption of mobile home park rent- al regulation. 83.750 Short title.-This part shall be known and may be cited as the "Florida Mobile Home Land- lord and Tenant Act." History.-s. 1. ch. 76-81. 83.751 Application.-'-The prOVISIons of this part shall apply to tenancies in which a mobile home is placed upon a rpntprt nr le""Prt lot in a mobile home park for residential use. !!:is~sha~ .con~.trll,ed to appJy to..any otb.~r.!~ra!1cyinclucrm~.~ tenancy, in which both a m9.bil.ElhoIl}l:UllHll:ifuoliile home lot are rented or leased by the .1110bile home a~Jieiij; Where both the mobile hame and lot are rentea, the tenancy shall be governed by the provi- sions of part II, the "Florida Residential Landlord and Tenant Act," ss. 83.40.83.68. History.-s. 1. th. 76-81. 83.752 Definitions.-As used in this part, the following words and terms shall have the following meanings unless clearly indicated otherwise: (1) "Mobile home owner" means a person who owns a mobile home and rents or leases a lot within a mobile home park for residential use. (2) "Mobile home park owner" or "park owner" means the owner or operator of a mobile home park. (3) "Mobile home park" or "park" means a use of land in which 10 .or more lats or spaces are offered for rent or lease for the placement of mobile homes and in which the primary use of the park is residen- tial. 316 F.S.1979 LANDLORD AND TENANT Ch.83 (4) "Mobile home lot rental agreement" or "rent- al agreement" means any mutual under"standing, lease, or tenancy between a mobile home owner and a mobile home park owner in which the mobile home owner is entitled to place his mobile home on a mo~ bile home lot for the payment of consideration to the mobile home park owner. Hlstor)'.--ll. I, ch: 76-81. 83.753 Obligation of good faith.-Every rental agreement or duty within this part imposes an obli- gation of good faith in its performance or enforce- ment. History.-s. I, ch. 76-81. 83.754 Unconscionable lot rental agree- ments.- (1) If the court as a matter oflaw finds a mobile home lot rental agreement, or any provision of the rental agreement, to have been unconscionable at the time it was made, the court may: (a) Refuse to enforce the rental agreement. (b) Enforce the remainder of the rental agree- ment without the unconscionable provision. (c) So limit the application of any unconscionable provision as to avoid any unconscionable result. (2) When it is claimed or appears to the court that the rental agreement, or any provision thereof, may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties, purpose, and other relevant factors to aid the court in making the determination. History.-s. I, ch. 76-81. 83.755 Prohibited or unenforceable provi- sions in mobile home lot rental agreements.- (1) A mobile home lot rental agreement may pro- vide a specific duration with regard to the amount of rental payments and other conditions of the tenan- cy, but the rental agreement shall neither provide for, nor be construed to provide for, the termination of any rental agreement, except as otherwise provid- ed in this part. (2) Any provision in the rental agreement is void and unenforceable to the extent that it attempts to waive or preclude the rights, remedies, or require- ments set forth in this part or those arising under law. History.--s. l,ch. 76-81. tJ3:756 Attorney's fees.-If a mobile home lot rental agreement contains a provision allowing at- torney's fees to the mobile home park owner, the court may also allow reasonable attorney's fees to the mobile home owner whenever the mobile home owner prevails in any action by or against him. History.-s. I, ch. 76.81. 83.757 Park owner's access to mobile home and mobile home lot.- The mobile home park own- er shall have no right of access to a mobile home unless the mobile home owner's prior written con- sent has been obtained or to prevent imminent dan- ger to the occupant or the mobile home. Such con- sent may be revoked in writing by the mobile home owner at any time. The park owner shall, however, have the right of entry onto the lot for purposes of repair and replacement of utilities and protection of the mobile home park at all reasonable times, but not in such manner or at such time as to interfere unreasonably with the mobile home owner's quiet enjoyment of said lot. History.-s. I, ch. 76-81. 83.758 Mobile home owner's and mobile home park owner's obligation.- (1) The mobile home owner shall at all times: (a) Comply with all reasonable park rules. (b) Comply with all obligations imposed on mo- bile home owners by applicable provisions of build- ing, housing, and health codes. (c) Keep the mobile home lot which he occupies clean and sanitary. (d) Comply with reasonable park rules and regu- lations by conducting himself: and requiring other persons on the premises with his consent to conduct themselves, in a manner that does not unreasonably disturb his neighbors or constitute a breach of the peace. (2) The mobile home park owner shall. at all times: (a) Comply with the requirements of applicable building, housing, and health codes. (b) Maintain buildings and improvements in common areas in a good state of repair and mainte- nance and maintain the common areas in a good state of appearance, safety, and cleanliness. (c) Provide access to the common areas, includ- ing buildings and improvements thereto, at all rea- sonable times for the benefit of the park residents. (d) Maintain utility connections and systems in reasonably usable condition. History.-B. I, ch. 76-81: 83.759 Mobile home parks; eviction, grounds, proceedings.- (1) A mobile home park owner or operator may not evict a mobile home or a mobile home dweller other than for the following reasons: (a) Nonpayment of rent. (b) Conviction of a violation of some federal or state law or local ordinance, which violation may be deemed detrimental to the health, safety, or welfare of other dwellers in the mobile home park. (c) Violation of any reasonable rule or regulation established by the park owner or operator, provided the mobile home owner received written notice of the grounds upon which he is to be evicted at least 30 days prior to the date he is required to vacate. A copy of all rules and regulations shall be delivered by the park owner or operator to the mobile home own- er prior to his signing the lease or entering into a rental agreement. A copy of the rules and regula- tions shall also be posted in the recreation hall, if any, or some other conspicuous place in the park. A mobile home park rule or regulation shall be pre- sumed to be reasonable if it is similar to rules and regulations customarily established in other mobile home parks located in this state or if the rule or regulation is not immoderate or excessive. (d) Change in use of land comprising the mobile home park or a portion thereof on which a mobile home to be evicted is located from mobile home lot 317 Ch.83 LANDLORD AND TENANT F.S.1979 rentals to some other use, provided all tenants af- fected are given at least 6 months' notice, or longer if provided for in a valid lease, of the projected change of use and of their need to secure other ac- commodations. (2) Cumulative eviction proceedings may be es- tablished in a written lease agreement between the park owner or operator and a mobile home dweller in addition to those established by law. (3) This section shall not preclude summary evic- tion proceedings, and if the park operator or owner does not have one ofthe grounds set forth in subsec- tion (1) available, the mobile home owner may raise the same by affirmative defcnseo History.~s. I, ch. 72.28; s. 1, ch. 73.18~; s. 12, ch. 73.330; s. 2, cil. '76.81. Note.-Former s. 83.69. w.here rental space is offered for occupancy by recre- ational vehicle-type units primarily designed as tem- porary living quarters for recreational, camping, or travel use and which either have their own motive power or are mounted on or drawn by another vehi- cle. (6) No provision of this section shall apply to a mobile home park which contains lQ.Q.r.less mobile home lots. History.-s. 1. ch. 74.160; s. 3, ch. 76-81. Note.-':"Former s. 83.695. 83.761 Civil remedy; venue; court. costs and attorney's fees; injunction.- (1) Any right or duty declared in this part is en- forceable by civil action. (2) If either the mobile home park owner or the mobile home owner fails to comply with t.hc require- ments of the mobile home lot rental agreement or other provisions of this part, the aggrieved party may recover the damages caused by the noncompli- ance. (3) A mobile home owner or dweller may bring a civil action against a mobile home park owner or operator violating the provisions of this part in the appropriate court of the county in which the alleged violator resides or has hisprincipal place of business or in the county wherein the alleged violation oc- curred. Upon adverse adjudication, the defendant shall be liable for damages. The court may in its discretion award such equitable relief as it deems necessary, including the enjoining of the defendant from further violations. The losing party may be lia- ble for court costs and reasonable attorney's fees incurred by the prevailing party. (4) In addition to other penalties provided here- in, the state attorneys and their assistants are au- thorized to apply to the circuit court within their respective jurisdictions, upon the sworn affidavit of any mobile home owner or dweller alleging a viola- tion by a mobile home park owner or operator of any of the provisions of this part, and such court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction re- straining such mobile home park owner or operator from any further violation, whether or not there exists an adequate remedy at law, and such injunc- tion may issue without bond at the court's discretion. The Department of Legal Affairs shall have concur- rent jurisdiction as an enforcing authority if the vio- lation occurs in, or affects, more than one judicial circuit or if the office of the state attorney fails to act upon a violation within a reasonable period of t.ime. Hlstory.-s. 4, ch. 76-81. 83.760 Mobile home lease.._. (1) No tenancy, except one of transient occupan- cy, of any person owning a mobile home who hereaf- ter rents, leases, or occupies real property in a mo, bile home park for a valuable consideration shall be enforceable, or be terminated, by the mobile home' park owner unless, prior to occupancy, the mobile home owner has been offered a written lease as here- in provided. In the event a mobile home owner does not enter into a written lease, or upon the expiration ofa written lease, the tenancy may only be terminat- ed in accordance with the provisions of s. 83.759, which section is cumulative to all other sections in this part and deemed to supersede any provisions in conflict therewith. (2) No such tenancy existing upon January 1, 1975, may thereafter be terminated unless the mo- bile home owner has been offered a written lease and has, after the expiration of 60 days from the time of delivery to him, refused or failed to execute same. The leases so offered by any mobile home park owner must be bona fide offers to lease for a specified term upon the' same terms and conditions as leases offered to all other mobile home owners in the park, except- ing only rent variations based upon lot location and size. (3) ~~h Q.!lrk rules or re€ffi!atiOJ.ll;Ui~,..a[g r,easonab If J,Ul~m:,th.!:u::iI:C~[Ilsta.,~-<md ~e.c.ificElIIy i~.ated by reference 1I! fff~written l.ea~essnan b~,,-e.!!f2l~ea~le: ,TlieJ~ase . shall contaip aei~~lsgm tnat P~.I'tJnors;.O:.mlt,grl?-;3:goY~r-!}f1,mQblk hOlp.e.,llilrK tenancies. J'he lease _~L<;'Q!lJ.~!llib!taro91;1,!!r9ftTie .~t~~~t~u:gif~~9~:ktdi~ll~~f~r=~~fQ!~e6f tIi~Inobile hOlne ,. ()\V~er: . Howeye.r, thi$ . p:r.o.yi~i()n shall not ~e C2.11i?.t,r,~~~jQ p!:~veIlt ~l1y.mobil~ ?ome i{ark own.e.r1r(m:tpas~mg ~m,t(),t~e!!lob11,e hbme I'';)'n- er anY costs, incl udlXlg ... increaseac~t oW.,r..,utHitU;.s, \Vhich==!.P';incurred dJ,leto the actions Qf anI s.!!lteor 83.762 Disclosure.- The mobile home park Iqcal gqV:5lmm~m. " "." ~ owner, or a person authorized to enter into a mobile (4)" No ~ency of any mun!c!pa.l,J9cal,c.Q~Qty or home lot rental agreement on his behalf, shall dis- state governmem's}ial1approve any applic.atlol1Jor close in writing to the mobile home owner, at or rezoning,or take any other official action, which before the commencement of the tenancy, and, on wourdtesult in the removal Or relocation of mobile request, to anyone having previously established a nciiiie:6wners residing in a mobile home park'\Yifll- tenancy, the name and address of the mobile home out first investigating as to the adequacy of mobile park owner or a person authorized to receive notices !lOme par~~g~ ~t~ersuitable faciliti~s fo~_t~.e r,gJ.gp.. and demands on his behalf. Any person so author- bon onne mobIle homeowners 0,1' wnen..saJd..actlOJJ. ized to receive notices and demands retains such au- is opposed bY the mobile 'home park own~r", thority until the mobile home owner is notified oth- (5) T~~~~shall not apply in thosein~ta.Qc:~~ erwise. All notices of such names and addresses or 318 F.S.1979 LANDLORD AND TEN ANT Ch.83 park operator ma;>, determiD;e"~y'..ru,!~. or. regulatiOLl.. the~,st.v.e cirjiJ.ta.lit;( of such equI,pm, ,ent to.b"eplU:.., chased by the~l]e home~ex::ttom the vendol: of the mobile home owner's'cb9.2~~' (2) N"QJ:r!()~ile ~9~e parl{.mm~~'pera~~r~h.a.H ch:uge any n~sraent wlici' CnQ..Q.~.ll\iJO_!.!lf3taJI~n e.1ec:~ tric or gas appliance in his m2!>.!I~~Il1e an a~~i[!.on- al foo solely on the basis 0(~1,1.chlDStallation or re- strict the installation, servi~~, .C?E..majn,~n;3.1.J.~!~u~L any such appliance or th~ ~ul.~~I}~_()r.any~terioJ: in-iprovement in such mobll~.h()_m~~.R9)on~1! ,~1J.c.;h an installation or improyeIIl~ntis.iA cOmpliaIlC!L with applicable building codes, ancJ. Qtller provis,!Om:L. of law. (3)(a) A mobile home park owner or operator shall be required to disclose fully in writing all fees, charges, assessments, and rules and regulations pri- or to a mobile home dweller's assuming occupancy in the park. No fee_~chargflJl4_or as.~_:g;mlints.sodis- closed may b,e Tncreased, or, ru1(;!?,~l1<!, regulations s.l~a.l~ge~t:~y ~~t;, pa,rk. oWll~r or, o)?e:rator -.yithout sp'ecifoYlng the <fate of ImplementatIon of saId fees, c:lii1rg~s, assess'Il!ents, or rules and regulat!ons, which aate shall beno less than 30 days after wntten llotl-ce'tball mobile home ownerf)~ '-U:iJ "A mobile hoine park, owner.J)J:' Qpemtor shall .not ch'arge: anyeiitra.nce or 'exit feeS exceptfQ"iJ!io,se feE)s'\vhich are directly incurred by said park owner or operator as ,a result of the placing of a mobile hom~ yp?n,or.!~~ovaJ ().L~ ,mobg~ h<?me ~rom,. a park slte~Ai1ysucli fee shall oe dearly IdentIfied In writing at theth:pe that tlle rental agreement is signed or other.~ise. concI u~ed.. (c) It is !!Il.IiwillLfoL~.mobile..home.parko.wn- e1'.or 9perat9f,.0r,}ngp,Ht:l hQ;me dealer to. make any agreement, w~l~fE)!! 9r oral, whereby the fees author-' ,ized in this sqbsection shaUbe~plit between any such mobile home park owner or, operator and any mobile home dealer. Any perso.n who. violates any of t~.pr.ovisions 9f.this subsec.~ian. ~~guilty of a misde- Ineanor of the second degree, pumshable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) Failure on the part of the mobile home park ownOT or operator to disclose fully all fees, charges, or assessments shall prevent the park o.wner or oper- ator from collecting said fees, charges, or assess- ments, and refusal by the dweller to pay any undis- closed charges shall not be used by the park owner or operator as a cause for eviction in any court of law. (5) ~n sh~ll ber99.uiregby, a mobile hgme p<l.l'k OWner or, operator: as' a candition Qf residence in the mobile home park, to pravide allY ~rmanent improvements that become a partofthe !~al proper- ty oft.t\e mOOlle nome park owner or operator. (6) Whenever an entrance fee is charged by a mobile home park owner or operator for the en- 83.764 Purchase of equipment, installation of trance of a mobile home or a mobile home owner into appliances; fees, charges, assessments; rules and the park and such mobile home or mobile home own- regulations.- er leaves before 2 years have passed from the date on !'e, 9.,(1,':l,~i,r,.e,1L,. a,o, ~es,O~,a"i,~, ~~%f,.~,l,enT.~Juijiim,',:r,_p~t\~t~~S~~~~ :~jc~ ~~~tr~~ ~:u~~1~~' i~ioe~: shall be prorated ~lias.e from s?-ig owner 0.1' .0peratQL..lJp.a:.erskirti~, (a) En~ce m shall be refunded at the rate of ~quipment fo.r tying downQ1Qpile hQIRe.s.or):!!JY oth- one twenty-fourth01'said fee for each month short of ~L~quipment required by law,.1()~aL()n;linance~ or 2 years that a mobile home owner maintains his regulation of the lllobile home p,ark. Haweye,,r, tlie mobile home within the park. 319 changes made thereto. shall be delivered to the ma- bile home owner's residence or, ifspecified in writing by the mabile home owner, to such specified address. History.-s. 5, ch. 76.8!. 83.763 Remedies; defenses to action for rent or possession; procedure.- (1) In an aetion by the mobile hame park awner for possession of a mabile home lot based upon non- payment of rent or seeking to recover unpaid rent, the mobile home owner may defend upon the ground ofa material noncompliance with any portion afthis part 0.1' may raise any other defense, whether legal or equitable, which he may have. The defense of material noncompliance may be raised by the mobile home owner only if said mobile home owner has, prior to the due date of rent, notified the park owner in writing of his intention not to pay rent based upon the park owner's nancompliance with portians of this part, specifying in reasonable detail the provi- sions in default. A material noncompliance with this part by the park owner is a complete defense to an action for passession based upon nonpayment of rent, and, upon hearing, the court or the jury, as the case may be, shall determine the amount, if any, by which the rent is to be reduced to reflect the diminu- tion in value of the lot during the periad ofnoncam- pliance with any portion of this part. After consider- ation of all other relevant issues, the court shall enter appropriate judgment. (2) In an action by the park owner for possession of a mobile hame lot based upon nonpayment ofrent, if the mobile home owner interpases any defense other than payment, the mobile home owner shall pay into the registry of the court the accrued rent, as alleged in the complaint or as determined by the court, and the rent which accrues during the pend- ency of the proceeding, when due. Failure of the mobile home owner to pay the rent into the registry of the court as required herein constitutes an abso- lute waiver afthe mobile home owner's defenses ath- er than payment, and the park owner is entitled to. an immediate default. (3) ,When the mobile home owner has deposited funds into the registry of the caurt in accordance with the provisions of this section and the park own- er is in actual danger of/oss of the premises or other personal hm'dship resulting fram the lass of rental income from the premises, the park owner may ap- ply to the court for disbursement of all or part of the funds or for prompt final hearing, whereupon the court shall advance the cause an the calendar. The court, after preliminary hearing, may award all or any portion of the funds on deposit to the park owner or may proceed immediately to. a final resolution of the cause. History.--s. 5, ch. 76.81. .-r .~ , ' ~ 1 Ch.83 LANDLORD AND TENANT I<'.S.1979 (bl Entrance fees shall be refunded within 15 days after the mobl1e home has been physically moved from the park. No new entrance fees may be charged for a move \vithin the same park. This subsection shall not ap- ply in instances in which the mobile home owner is evicted on grounds of nonpayment of rent, violation of a federal, state, or local ordinance, or violation of a reasonable park rule or regulation or leaves before the expiration date of his lease agreement. However, fhe-sums due to the park by the mobile home owner may be offset against the balance due on the en. ffarice' fee, m li.Q.1!lQl?ile houle park owner or operator who QY.r,<::nj:lses electrrCIty or'gas (natural, manufactured, or similar gaseous substance) fro:n any publiC' utility or municipally owned utility for the purposc of sup-- plying or reselling the electricity or gas to any other person to whom he leases, lets, rents, sublea3es, su- blets, or subrents the premises upon which the elec. tricity or gas is to be used shall charge, demand, or receive, directly or indirectly, any amount for the resale of EUchelectridty or gas greater than that am'ount charged by the public utility or municipally iMileCI utility from whom the electricity or gas was purchased. h~::~e~e~~l~il~~iic,i;i~~ ~:=~;':~h~ without the tenant or invitee being required to pay a fee or any charge whatsoever. For purposes of this subsection, an invitee shall be defined as a person whose stay, at the request of a mobile home park tenant, does not exceed15GQI;ls,eq!,ltive days or 30 total days ller year,unlf:l,~"s such person has the per- mission of the park management. After October 1, JJllfi.. any mobile home park rule or regulation pro- VlcITi1g for such fees or charges shall be null and void. Hislory.-s, 2. eh, 72-28; s, 3, eh, 73-182; s, 12, eh, 73-330; s, 1, eh, 74-12; s, 3, eh, 74-160; s, 6, eh. 76-81; s. 1. eh, 76-278; s, 1, eh, 77-174, Nole.-Former s, 83,70, 83.765 Mobile home parks; restrictions 011 disposal of mobile homes, proceedings.- (1) No mobile home park shall make or enforce any rule which shall deny or abridge the right of any resident of such mobile home park or any owner of a mobile home located in such park to sell said mo- bile home within the park, which shall prohibit the mobile home owner from placing a "for sale" sign on or in his mobile home, the size, placement and char- acter of all signs to be subject to reasonable rules and regulations of the mobile home park, or which shall require the resident or owner to remove the mobile home from the park solely on the basis of the sale thereof. The purchaser of said mobile home, if said purchaser would otherwise qualify with the require- ments of entry into the park under the park rules and regulations, may become a tenant of the park, subject to the approval of the park, but such approv- al may not be unreasonably withheld. The park shall not exact a commission -2.1:-fee with .rC;l~.I2~c;tt.9 tlie: price reahzed by the seHer unt0hepark owner or ~li~~~. ~~as. aieijIT2t:Ut,~:*o~i!e ~li('-li;e owner mtnesaTe pursuant Eo awnttencontract. If lor any ~mun.-the-'-ynrflr'fem~es ~permission tnny resident or owner to sell to a qualified buyer and prospective mobile home owner after three bona fide offers, then the next offer may be accepted as a mat- ter of course. (2) No tenancy entered into by a purchaser in accordance with this section may thereafter be ter- minated unless the purchaser has been offered a written agreement by the landlord to assume the remainder of the term of any written lease then in effect between the landlord and the seller and has, after the expiration of60 days from the time of deliv- ery to him, refused or failed, without cause, to exe- cute same. History.-s, 3, eh, 72.28; s, 2, eh, 73,]82; s. 12, eh. 73-330, s, 2, eh, 74-12; $. '/, eh, 76-81; s, 2. eh, 76-278; s, I, eh. 78,311. Notc.---Formcr s, 83,7 L 83.770 Legislative findings,-Thc Legislature _. finds that there exists an emergency in rental ac- commodations in mobile home parks. The Legisla- ture further finds that this condition, coupled with the inordinate expense of relocating a mobile home, causes tenants in such parks to be placed in an une.' qual bargaining position with respect to increases in charges imposed by the owners or managers of such parks. The Legislature further finds that this ine' quality can only be alleviated by the enactment of reasonable legislative restraints which provide both a reasonable return on a park owner's investment and a safeguard to tenants against exorbitant rental or service charges. Hislory.-s. 1, eh. 77.49; s. 21, eh. 79-400, 83.772 Definitions.-For the purposes of 88. 83.770-83.794: (1) "Commission" means the State Mobile Home Tenant-Landlord Commission created by s. 83.776. (2) "Commissioner" or "member" means a mem- ber of the commission. (3) "Mobile home park owner" or "owner" means the owner, lessor, operator, or manager of a mobile home park, within the purview of ss. 83.770-83.794. (4) "Tenant" means any person entitled to occu- py a dwelling unit under a rental agreement. (5) "Dwelling unit" means a mobile home rented by a tenant within a mobile home park or a mobilo home lot within a mobile home park that is rented for occupancy by one or more persons who own the mobile home located on the lot. (6) "Service charge" includes any fee for services at a mobile home park. History.-s, 2, eh, 77-49, 83.774 Applicability.-The prOV1SlOns of ss. 83.770-83.794 shan not apply to any mobile home park which contains fewer than 100 dwelling units, nor shall it apply to any mobile home park estab. lished by an employer solely for the use and occupan- cy of its employees. Hislory.-s, 3. eh. 77.49. 83.776 State Mobile Home Tenant-Landlord Commission.- (1) There is created the State Mobile Home Ten- ant-Landlord Commission within the Department of Business Regulation, the membership of which shall be appointed by the Governor as follows: (a) Two members shall be mobile home park owners or operators, 320 F.S.1979 LANDLORD AND TENANT Ch.83 (b) Two members shall be mobile home park ten- ants. (c) Three members shall be members of the gen. eral public from the state at large without any con- nection or affiliation with any mobile home park. (2) Commissioners shall serve for terms of 4 years, except that, of those members first appointed by the Governor, the two members who are mobile home park owners 01' operators .shall be appointed for terms of 2 years, the two members who are mo- bile home park tenants shall be appointed for terms of 3 years, and the three members of the general public shall be appointed for terms of 4 years. A member chosen to fill a vacancy occurring otherwise than by expiration ofterm shall be appointed for the unexpired term of the member whom he is to suc- ceed. A member of the commission shall be eligible for reappointment. (3) Commissioners shall not be compensated for their service on the commission, but shall be entitled to receive per diem and travel expenses as provided by s. 112.061. A vacancy in the commission shall not impair the right of the remaining members to exer- cise the powers of the commission. A majority of the commission shall constitute a quorum. History.-s. 4, ch. 77-49; s. 22, ch. 79-400. 83;778 State Mobile Home Tenant-Landlord Trust Fund.-There is hereby created a State Mo- bile Home Tenant-Landlord Trust Fund which shall be used to finance the duties and functions assigned to the commission. The fund shall consist of fees tieposited by the commission pursuant to s. 83.780. History.-s. 5, ch. 77-49. ~} .' . . . 83.780 Registration of certain mobile home parks; nUlnber of units.- . (1). TheJi:wner or 2~t&r of eveQ'..mgbiJ~hQUlA I!!tk.wb~ ..,~n~, ..or~ii-..Q.~~mm~.~Rl}~!!l ~~;'il~ i~ster, hit>,J;J}Q!;!ile l1.QrpfUl~r~..Y\;lth t.~~.<;:9JP- mlSsI9lla. His apphcatIon of registratIon, WhICh snaIl '5e"'dlr'aform approved by the commission, shall in- clude the number of dwelling units in the park, and the application shall be submitted to the commission by January 1 {)f each year. . (2) The owner or operator of every mobile home park required to be registered with the commission pursuant to this section shall forward a $1 fee for each dwelling unit contained in the mobile home park, along with the application for registration, to the commission. The commission shall deposit all such fees in the State Mobile Home Tenant-Landlord Trust Fund. Mobile home park owners or operators are authorized to charge each dwelling unit in the park a $1 fee per year to pay for compliance with the provisions of this section. lIistory.-s. 6, ch. 77-49; s. 20. ch. 79-164. sonnel as may be necessary to adequately perform its functions. (4) To receive, investigate, hold hearings on, and pass upon, the petitions of mobile home tenants as set forth in ss. 83.770-83.794. (5) To make or arrange for studies appropriate to effectuate the. purposes and policies of ss. 83.770- 83.794 and to make the results thereof available to the public. . (6) To render, at least annually, a comprehensive written report to the Governor and to the Legisla- ture. The report may contain recommendations of the commission for legislation or other action to ef- fectuate the purposes and policies of ss. 83.770- 83.794. (7) To adopt, promulgate, amend, and rescind rules to effectuate the purposes and policies of ss. 83.770-83.794. History.--s. 7, ch. 77-49. 83.784 Commission required to act; mobile home park owners required to notify tenants of rental or service charge increases.- (l)(a) Upon petition of 51 percent ofthe tenants of any dwelling units in a mobile home park who will be subject to a rental or service charge increase or a decrease in services in any calendar year in excess of the net United States Department of Labor Consum- er Price Index increases since the last rental in- crease, the commission shall hold a hearing at the mobile home park or at such other facility selected by the commission, so long as it is reasonably accessi- ble to all parties, at a date to be set by the commis- sion, to determine whether or not the rental or ser- vice charge increase or a decrease.in services is so great as to be unconscionable or not justified under the facts and circumstances of the particular situa- tion. (b) Every petition to the commission for a hear- ing must contain the signatures of at least 51 percent of all of the tenants of any mobile home park and must be accompanied by an affidavit attesting to the fact that the petition contains the required number of signatures. The petition shall be submitted to the commission within 60 days from notification from the mobile home park owner as described in subsec- tion (3). (2)(a) The increased costs to the owner of a mo- biLe home park attributable to: L Increases in utility rates; 2. Property taxes; . 3. Fluctuation in property value; 4. Governmental assessments; 5. Cost ofliving increases attributable to and rel- evant to incidental services, normal repair, and maintenance; and 6. Capital improvements not otherwise promised or contracted for 83.782 Powers of the commission.-Within may be passed on to the tenants or prospective ten- the limitations provided by law, the commission' ants in the form of increased rental or service shall have the power: charges if such increases are reasonable and justi- (1) To maintain an office in the City of St. Peters- fied under the facts and circumstances of the partic- burg. ular case. . (2) To meet and exercise its powers at any place (b) The provisions of this subsection shall not be within the state. cumulative to the provisions of subsection (1). If the (3) To employ and fix the compensation of per- increases sought by the park owner, together with 321 Ch.83 LANDLORD AND TENANT F.S.1979 all rental increases experienced by the tenants for the preceding 5 years, exceed the cumulative cost of living increases for the same period, then such pro- posed increases shall not be exempted from this com- mission's jurisdiction. (3) As of November 1 of each year, every mobile home park owner shall notify each ~~_n;:~_rl.t, of adwell- ing unit in the park whose rental agreement or ser- vice charge will be subject to negotiation and will be increased in the succeeding year of such fact and the amount of all proposed increases. No rental or ser- vice charge increases shall be allowed unless proper- ly noticed in writing as provided in this subsection. (4) The commission shall examine any rental or service charge increases which took effect on or after January 1, 1977, but prior to July 1, 1977, upon peti- tion ofthe tenants as required by this section, within 60 days after July 1, 1977. History.-.ss. 8, 15, ch. 77.49; s. 23, ch. 79.-100. 83.786 Commission to resolve rental or sere vice charge increases; rules.- (1) After holding a hearing pursuant to the provi- sions of chapter 120, the commission shall require the mobile home park owner to: (a) Reduce the rental or service charges to a rate set by the commission; (b) Continue rental or service charges as they ex- isted under the former lease or agreement; (c) Increase the rental or service charges to a rate set by the commission; or (d) Increase the rental or service charges as the mobile home park owner has proposed. (2) In addition to any other rules which the com- mission may make, the commission shall make rules to provide: (a) That any rental or service charge increases which have been collected by a mobile home park owner after the time that the tenants have peti- tioned the commission and before the time that the commission acts upon the petition, when the com- mission does not authorize the full increase, shall be either returned to the tenants or credited toward future rental charges. (b) For procedures with respect to hearings at mobile home parks. History.-5. 9, ch. 77.49. 83.788 Representation.-The mobile home ten- ants of any mobile home park within the purview of 5S. 83.770-83.794 may form an incorporated associa- tion as provided by law. This association may repre- sent such tenants in any hearing before the commis- sion. The association must have at least 60 percent of the total mobile home tenants of such park as registered members. Such association shall have standing to represent its members in any legal pro- ceeding relating to matters of common interest. History.-5. 10, ch. 77.49. charge increases that are approved by the commis- sion shall be paid by the tenants to the park owners during any appeal process. However, if such in- creases are not upheld on appeal, then all sums paid under such increase provisions shall either be re- funded by the park owner or credited to the next ensuing rental or service charges due from said ten- ants. If any increases are denied by the commission and the owner appeals, then the proposed increases shall be paid to the owners as scheduled; however, the owner shall deposit the same monthly into the rogistry ofthe court. These funds shall be disbursed as determined by the circuit court, as provided in s. 83.763(3). History.--s. 11, ch. 77.49. 83.792 Enforcement.-Ifno appeal is filed with- in 30 days of notice of the ruling of the commisf.ion and either party fails, refuses, or neglects to conform to said ruling, then the aggrieved party may seek enforcement of the ruling by filing a petition for compliance in the Circuit Court. Such petition must have attached thereto a certified copy of the commis- sion's ruling and must set forth the allegations which constitute noncompliance. A copy of said peti- tion shall be served by personal service on the non- complying party together with a notice of hearing on the petition advising the noncomplying party that he must show cause as to why the ruling should not be enforced. Such hearing shall be held no less than 20 days or more than 60 days after service on the noncomplying party. Unless good cause is shown, the Circuit Court shall enter its order directing the par- ties to comply with the commission's ruling. The court shall enforce such ruling and may punish will- ful noncompliance by imposing fines against the par- ty in willful noncompliance. Such fines shall not ex- ceed $500 a day for each day the party continues in willful noncompliance. History.-5. 12. ch. 77-49. 83.794 State preemption of mobile home park rental regulation.-It is declared to be the legislative intent that ss. 83.770-83.794 shall preempt to the state all control of mobile home rents in mobile home parks subject to ss. 83.770-83.794, and all units of local government are prohibited from legislating with respect to the same, The juris- diction of the commission with respect to rents in mobile home parks subject to ss. 83.770-83.794 shall be exclusive, and all proceedings under this act shall be held according to chapter 120 except for the ap- peal procedure. History.-s. 14, ch. 77-49. --..,...."'.""....*""'..........-,.".......,.........""'.......,..,. PART IV SELF-SERVICE STORAGE SPACE 83.790 Appeal procedure.-If either party is not satisfied with the ruling of the commission as 83.801 Short Title. provided by this act, such party shall have the right 83.802 Application. to appeal said ruling to the Circuit Court ofthe J udi- 83.803 Definitions. cial Circuit in which the park is located. Such notice 83.804 Obligation of good faith. of appeal must be filed within 30 days after the no- 83.805 Lien for rent. tice of the commission's ruling. Any rental or service 83.806 Remedies of mini-self-storage owner. 322 F.S.1979 LANDLORD AND TENANT Ch.83 83.807 Post judgment procedures. 83.801 Short Title.-Sections 83.801-83.807 shall be known and may be cited as the "Mini-self- storage Landlord and Tenant Act." lIistory.-s. I, ch. 79-404. 83.802 Application.- (1) Sections 83.801-83.807 apply to tenancies in mini-self-storage buildings where the space is used solely for the storage of goods, personal property, or merchandise. (2) Sections 83.01-83.807 shall apply to rental agreements entered into after October I, 1979. History.-s. I, ch. 79.404. 33.803 Deimitions.-As used in ss. 83.801- 83.<307: (1) "Mini-self-storage building" means a building or series of buildings operated as one enterprise which is comprised of not fewer than 30 spaces, the largest of which contains no more than 700 square feet, and which is offered for rent to the public for the storage of goods, personal property, or merchan- dise. The leased premises shall not be inhabitable, shall not contain sanitary facilities or office parti- tions, and shall be used solely for the storage of goods, personal property, or merchandise. (2) "Mini-self-storage owner" means the owner or operator of a mini-self-storage building. (3) "Rental agreement" means any mutual un- derstanding, lease, or tenancy between a mini-self- storage owner and a tenant pursuant to which the tenant is entitled to store his goods, personal proper- ty, or merchandise in the leased premises for the payment of consideration to the mini-self-storage owner. (4) "Tenant" means any individual, partnership, association, corporation, or other entity which leases space in a mini-self-storage building solely for the storage of goods, personal property, or merchandise. History.-s. I, ch. 79-404. . 83.804 Obligation of good faith.-Every rental agreement or duty within ss. 83.801-83.807 imposes an obligation of good faith in its performance or en" forcement. History.--s. I, ch. 79.404. 83.805 Lien for rent.-A mini-self-storage own- er to whom rent is due shall have a lien for rent as provided to a landlord under s. 83.08. History.-s. I, ch. 79-404. B3.806 Remedies of mini.self-storage own. el'.- (l) If a tenant fails to pay the rent as specified in the written rental agreement, or if a tenant fails to pay the rent within 10 days after it is due, the mini- s~lf-storage owner, or his attorney or agent acting in hiS behalf, may commence a court action for the rent which is due. This action shall be filed in the appro- priate court in the county in which the mini-self- storage building is located. The complaint shall al- lege the amount of the rent due for such premises. Sen;ce of process may be obtained in such manner as prescribed by law, including the Florida Rules of Civil Procedure and Florida Rules of Summary Pro- cedure promulgated by the Supreme Court. (2) In any such action, if the amount in contro- versy is less than $1,500, the mini-self-storage owner is entitled to the summary procedures provided in s. 51.0lL (3) The mini-self-storage owner may also avail himself of any other remedies prescribed by law, including the provisions of part I of this chapter. History.-s. 1. ch. 79-404. 83.807 Post judgment procedures.- The mini- self-storage owner, by written agreement with the tenant, may provide for the following post judgment procedures in addition to those provided in part I of this chapter: (1) If the court renders final judgment in favor of the mini-self-storage owner, he shall be entitled to enter the premises 10 days after the date of final judgment and sell, in a commercially r~asonable manner, the property stored on the premises. (2) Sale of the property stored on the premises may be made by public or private proceedings and by way of one or more contracts. Sale may also be as a unit or in parcels, at any time and place, and on any terms as long as the sale is commercially reasonable. (3) Unless the property stored in the premises is perishable or threatens to decline speedily in value, or is of a type customarily sold on a recognized mar- ket, reasonable notification of the time and place of any public sale, or reasonable notification of the time after which any private sale is to be made, shall be sent by the mini-self-storage owner to the defend- ant at his last-known address. (4) The term "commercially reasonable" shall be used as that term is used in s. 679.504(3). (5) The prevailing party shall be entitled to attor- neys' fees and costs incurred in the suit. lfthe mini- self..storage owner prevails, he shall also be entitled to recover the reasonable expenses of retaking, hold- ing, preparing for sale, selling, and the like incurred in disposing of the property stored in the leased premises if the sale is commercially reasonable. (6) The mini-self-storage owner may enforce his judgment in any way permissible by law. However, the amount of the judgment outstanding shall be reduced by the amount which is realized from the sale of the property on the leased premises. (7) lfthe sale of the property on the leased prem- ises by the mini-self-storage owner results in a sum in excess of the amount owed, plus attorneys' fees, costs ofthe suit, and costs ofthe sale, the excess sum shall be delivered to the tenant at his last-known address within 10 days from the date of the sale. History.-s. 1, ch. 79-404. 323 Ch.85 ENFORCEMENT OF STATUTORY LIENS F.S.1979 CHAPTER 85 ENFORCEMENT OF STATUTORY LIENS 85.011 Enforcement by persons in privity with the owner. 85.021 Enforcement by persons not in privity with the owner. 85.031 Remedies against personal property only; all lienors. 85.041 Joinder. 85.051 Time of bringing action. 85.011 Enforcement by persons in privity with the owner.-Allliens on real or personal prop- erty provided for by part I or part II of chapter 713 are enforceable by perSDIlS in privity with the own. ers, except when otherwise provided, as follows: (1) RETENTION OF POSSESSION.-By reten- tion of possession of the prop8rty on which the lien has attached for a period of not exceeding 3 months by the person entitled to the lien, ifhe was in posses- sion at the time the lien attached. (2) BY ACTION IN CHANCERY.-By an action in chancery, however this is the exclusive remedy for enforcement ofliens on the separate statutory prop~ erty of married women and against estates by the entireties. (3) ORDINARY ACTION AT LA W.-By an ordi- nary action at law and levy ofthe execution obtained therein on the property on which the lien is held. (4) SPECIAL ACTION AT LAW.-By an action at law in which the complaint shall state the manner in which the lien arose, the amount for which the lien is held, the description of the property and de- mand that the property be sold to satisfy the lien. The judgment for plaintiff is a personal judgment against defendant as well as a lien on the property, which it shall describe, and shall direct execution against the property, as well as against the property generally of defendant. (5) SUMMARY ACTION.-- (a) By a person claiming a lien for labor per- formed, or claiming a landlord's lien under s. 713.691, filing in the court having jurisdiction of the amount of the lien claimed, a complaint describing the property on which a lien is claimed and stating the facts which authorize or create the lien. Such person is entitled to the summary procedure under s. 51.011. (b) lfthe issues are found for plaintiff, judgment shall be entered for the amount found to be due him with 15 percent attorney's fee and costs. The judg- ment is a prior lien on the property described in the petition over all other liens accruing or that may be filed subsequent to the day the lien for such labor performed or unpaid rent accrued, but if such issues are found for defendant, judgment shall be entered dismissing the action. History.-RS 1744; s. 13, ch. 5143,1903; GS 2212; RGS 3519; s. I, ch. 12079. 1927; CGL 5382; s. 2. ch. 29737, 1955; s. 15, ch. 63-559; s. 37, ch. 67.254; s. 9, ch. 73-330. Note.-Former 88. 86.01.86.06. cf.-Ch. 55 Judgmcc.ts. 85.021 Enforcement by persons not in privity with the owner.-A person not in privity with the owner may resort to any of the remedies prescribed by s. 85.011. The judgment may provide for the re- covery from the contractor or other person for whom the labor or material was funushed, ifhe is joined in the action, of the amount due by him, and from the owner ofthe amount due by him to the contractor or other person as aforesaid, at the time of t.he service of the notice provided for by s. 713.75 of part. II of chapter 713, as well as enforce t.he lien against. the property of such owner for such amount, but only one satisfaction of the judgment shall be had. Al- t.hough nO lien is found to exist and no judgment rendered against the owner, judgment may be ren; dered against the contractor or other person for whom the labor or materials were furnished for the amount due by him. History.-RS 1744; s. 15, ch. 5143, 1903; GS 2213; RGS 3520; CGI. 5383; s. 37, ch. 67.254. Note.-Former s. 86.07. cf.-Ch. 49 Constructive service of process. 85.031 Remedies against personal property only; all lienors.- (1) BY INJUNCTION ANDATTACHMENT.-If any person entitled to a lien under part II of chapter 713 on personal property has reason to believe that it is about to be removed from the county in which it is, he may enjoin its removal in the manner provid- ed for enjoining the removal of property subject to a mortgage or, if the lien has been perfected, may at- tach it in the manner provided for attachment in aid of foreclosure of mortgages. (2) BY SALE WITHOUT JUDICIAL PROCEED- INGS.-When any person entrusts to any mechanic or laborer, materials with which to construct, alter or repair any article of value, or any article of value to be altered or repaired, and if the article is complet- ed and not taken away, and the reasonable charges not paid, such mechanic or laborer may sell it after 3 months from the time such charges become due at public auction for cash but before the sale the me- chanic or laborer shall give public notice of the time and place thereof, by notices posted for 10 days in 3 public places in t.he county, one of which shall be at. the courthouse, and another in some conspicuous part of his shop or place of business. The proceeds of the sale, after payment of charges for construction or repair with the costs of the sale, shall be deposited with the clerk of the circuit court for the county, if the owner is absent, where they shall remain subject. to the order of the person legally entitled thereto. The clerk shall be entitled to receive 5 percent on the proceeds for the care and disbursement thereof. Any person claiming a lien under s. 713.65, of part II of chapter 713, may enforce it by sale without judicial proceedings in the manner set forth herein after 1 324 F.S.1979 ENFORCEMENT OF STATUTORY LIENS month after the time the charges for which a lien is claimed become due. History.--RS 1745; GS 2214; RGS 3521; CGL 5384; s. 2, eh. 25048, 1949; s. 1, eh. 57.94; s. 37. eh. 67.254; SS. 24, 35, eh. 69.106; s. 1, ell. 70.89; s. 2, ell. 79.2H. Note.-Former s. 86.08. has been no record of a notice of lien, action to en- force a lien (if it exists without such record) must be brought within 12 months from the a.::crual of the unpaid rent, the performance of the work, or the furnishing of the materials, and if there has been such record, the action must be brought within 12 months from the time of such record. History.-RS 1748; s. 18, eh. 5143, 1903; GS 2223; RGS 3530; CGL 5393; s. 37, eh. 67.254; s. 10, eh. 73-330. Note.-Former s. 86.11. 85.041 Joinder.-All persons who have liens un- der part I or part II of chapter 713, may join to enforce their respective liens. I1istory.-<. 14, ell. 5143, 1903; GS 2224; RGS 3531; CGL 5394; s. 37, eh. 67.254. Note.-Former s. 86.10. 85.051 Time of bringing action.-When there '. ::.~; 325 Ch.85 ,; .- .. ...>. J". .I .. " i. . i .' / I I I I I ~ ~ '. - . r a ~ i I' ~ !~ i~ if{ ., "". . ~ ,f'~ . -'......., J' - , ' .- '. .~. \(') Vf. ~ \0 ~t p:~ ~ . ~~ ~'g (E , " \.', :i '. r C. I U... ., 'V ::t. :i. t}l ~ ,{ " . . 4 - '""'-~.. ~ . . -.'. '. 7~. \ p ~ t.":'"' ,. '. . . t ~ ~ ~ :.... . . .. .-. "-J' ",. ~. " "" "~ , <: 'c , I "~ j .- '. ;~. '.' ~ ..... t. ~":'.a '.. '. ,.~ . \. U1 ~ l ~ ~ ... " ~ '. . . . :... ... . { ~