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Florida mobile home bill shelved temporarily
TALLAHASSEE,
Fla. The legislation that many local mobile home park
residents have their hopes set on suffered another setback Thursday, as state Rep.
Nancy Detert temporarily withdrew her bill from consideration in the face of
likely rejection by a House committee.
Detert, R-Venice,
tried to get the House Business Regulation Committee to endorse the idea that
mobile home park residents should have the right of first refusal even in cases
when a park owner receives an unsolicited offer to buy a park. Knowing she needed
nine votes but only having seven for sure, Detert postponed her bill, hoping to
fight another day.
Detert hopes that
day will be soon, as the Senate Regulated Industries Committee has scheduled a
vote on her bill for Monday. If the bill passes the Senate committee, Detert will
resume her lobbying efforts in the House.
The lobbying on
both sides of the bill has grown fierce, with several different mobile home
interest groups trying to tip the scales in their favor.
"There's a lot of
misinformation and disinformation going around," Detert said.
Detert, the
Alliance of Park Residents and their lobbyist argue that giving park residents the
right of first refusal to buy their parks is a constitutional way to level the
playing field for a growing number of residents being forced by development to
relocate.
The opposing group
-- including the Business Regulation Committee chairman, the Florida Manufactured
Housing Association and the Federation of Manufactured Home Owners of Florida Inc.
-- maintains that legislating another right of first refusal violates the
private-property rights of park owners.
Committee Chairman
Frank Attkisson, R-Kissimmee, has already passed his own mobile home bill through
the committee. He is sponsoring the House version of a bill by Sen. Mike Bennett,
R-Bradenton,that would require local governments to financially assist displaced
park residents.
While an attorney
with Florida Legal Services said Detert's bill would not upset the constitutional
balance of the "hybrid" property rights of park residents and park owners, a
representative of a property rights group based in Orlando called it "a bad
solution in search of a non-existent problem."
Rep. John Legg,
R-Port Richey, a co-sponsor of Detert's bill, countered: "I have 10,000 seniors
who are about to become homeless who may disagree with your comment that it's a
nonexistent problem."
During questioning,
Carol Saviak of the Coalition for Property Rights, said that Detert's bill, as
well as current law -- which gives park residents the right of first refusal only
in solicited offers -- is unconstitutional. But current law has never been
challenged by park owners.
Others have raised
doubts over whether giving park residents the right of first refusal in
unsolicited offers even accomplishes much, since it would be difficult for
residents to band together and put up the millions of dollars that mobile home
park land is now commanding on the real-estate market.
Detert, along with
park residents who traveled to Tallahassee, said they would be capable of banding
together and coming up with the money with something like a 30-year mortgage. If
the park owner gets the same sum of money in either case, they argued, why does it
matter where it comes from?
Attkisson was the
only member of the committee to debate the bill.
"This shuts down
the market for future development by anybody" who might wish to redevelop a mobile
home park, he said.
William Abraham, a
former vice president of the board of directors of the Gardens mobile home park in
Parrish, came to Tallahassee to fight for Detert's bill.
For the past few
years, Abraham said, residents of the park have put a new sum of money on the
table with the hopes that the park owner would consider it if a developer came
knocking on his door.
Two years ago, the
figure was $26 million, he said. This year they put down a $40 million offer, with
residents banding together for $10 million and the rest coming from a mortgage.
"All we're asking
for is to have that chance," Abraham said.
About 45 residents
from the Manatee-Sarasota area will be traveling in a bus to Tallahassee next week
to lobby for the passage of Detert's bill in the Senate committee.
Lobbyist Travis
Moore said the Senate committee would be a "battle." He said he believes the
measure currently has around five votes, and the committee has 10 members.
Complicating
matters is the fact that other park residents around the state, specifically those
aligned with the FMO, support the bill supported by Bennett and Attkisson, while
opposing Detert's measure.
Bennett's bill has
not yet been placed on the Regulated Industries Committee agenda.
© 2006 Bradenton
Herald, Stephen Majors; all rights reserved.
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