Fla. Admin. Code Ann. R. 61M-1.002 - Claims Procedures
(1) In order to
receive payment from the Corporation for relocation expenses, the applicant
shall submit to the Corporation, with a copy to the park owner, a Home Owner
Application for Payment of Relocation Expenses, FMHRC Form 1001 (Revised
6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16672)
or Spanish FMHRC Form 1001 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16680),
incorporated herein by reference, which includes a copy of the notice of
eviction due to change in use of the land comprising the mobile home park and a
copy of the signed contract with an installer that includes an itemization of
the costs of taking down, moving and setting up the mobile home in a new
location. The copy of the notice of eviction shall show a date after July 1,
2001, the effective date of the statute creating the Florida Mobile Home
Relocation Corporation. The Installer's Form, FMHRC Form 1007 (Revised 6-12-24)
(https://www.flrules.org/Gateway/reference.asp?No=Ref-16676)
or Spanish FMHRC Form 1007 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16684),
incorporated herein by reference, must be used in order for the applicant's
request to be considered for approval by the board of the Corporation. The
application shall also include a copy of the title(s) to the mobile home
showing the name of the owner of the home being the same as the applicant for
relocation expenses. The title certificate must bear the Department of Highway
Safety and Motor Vehicles designation of "HS" which designates the home as a
"mobile home." No other designation on the title will be accepted for
processing and approval for relocation expenses. Any application received that
does not contain complete information and all of the required documentation
shall be returned by the Corporation to the applicant along with a notice of
the deficiencies in the application. Only completed applications will receive a
date stamp. In the event the applicant resubmits the application with the
required documentation, the application will then receive a date stamp
assigning its priority. Applicants for payment under this section shall also
submit an Acknowledgment of Non-Participation in Litigation and Acknowledgment
of Non-Acceptance of Compensation from Park Owner, FMHRC Form 1008 (Revised
6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16677)
or Spanish FMHRC Form 1008 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16685),
incorporated herein by reference. An applicant who complies with the
application requirements of law and rule shall be entitled to payment of the
actual moving expenses as set forth in section
723.0612(1),
F.S., to relocate the mobile home within a 50-mile radius of the vacated park.
Please refer to the Corporation's website for the forms referenced herein and
for additional information on when to submit an application for assistance from
the Corporation and for other information regarding the Corporation,
www.fmhrc.org.
(2) Completed applications received by the
Corporation will be date stamped. Priority of payment of claims for relocation
expenses will be based upon the date the completed application is date
stamped.
(3) The Corporation must
approve payment within 45 days after receipt of the completed relocation
application, or payment is deemed approved. Once the mobile home has been moved
to its new location, the Corporation shall forward to the park owner notice of
the approval along with an invoice for payment as set forth in section
723.06116(1),
F.S.
(4) If funds are available and
the completed application is approved, the following shall occur:
(a) In the event the mobile home has not yet
been moved to a new location, the Corporation shall issue a voucher to the
installer in the amount of the contract price for relocation of the mobile
home. The amount of the voucher shall be as approved by the board of the
Corporation and as set forth in Section
723.0612(1),
F.S. The installer may redeem the voucher from the Corporation following
completion of the relocation of the mobile home and upon approval of the
relocation by the mobile home owner that the work performed was satisfactory.
Within 30 days of receipt of Installer Voucher for Payment for Mobile Home
Relocation, FMHRC Form 1003 (Revised 6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16674)
or Spanish FMHRC Form 1003 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16682),
incorporated herein by reference, and proof of the satisfactory completion of
the relocation by the installer, the Corporation shall pay the amount set forth
on the voucher.
(b) In the event
the applicant has already moved the mobile home to a new location and paid for
the move, the Corporation shall issue a voucher to the applicant whose
application was previously approved by the Corporation in accordance with this
rule. The amount of the voucher shall be as approved by the board of the
Corporation and as set forth in Section
723.0612(1),
F.S. The applicant may redeem the voucher upon submitting proof of the
relocation of the mobile home in the form of a receipt or invoice marked "paid"
by the installer. Within 30 days of receipt of Applicant Voucher for Payment
for Mobile Home Relocation, FMHRC Form 1004 (Revised 6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16675)
or Spanish FMHRC Form 1004 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16683),
incorporated herein by reference, and proof of the relocation by the installer,
as set forth herein, the Corporation shall pay the amount set forth on the
voucher.
(5) In the
event a mobile home owner who has been evicted for change in the use of the
land chooses to abandon the mobile home pursuant to Section
723.0612(7),
F.S., the home owner who received a notice of eviction may, so long as the
mobile home owner delivers to the park owner the current title(s) to the mobile
home properly endorsed by the owner of record with valid releases of all liens
shown on the title(s), collect payment from the Corporation as set forth in
section 723.0612(7). In
order to qualify for reimbursement under this subsection, the title certificate
on the mobile home sought to be abandoned must bear the Department of Highway
Safety and Motor Vehicles designation of "HS" which is the designation as a
"mobile home." No other designation will be accepted for processing and
approval for payment for an abandoned home. The applicant who seeks payment
under this section shall submit to the Corporation an Application for Payment
for Abandoned Mobile Home, FMHRC Form 1002 (Revised 6-12-24.) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16673)
or Spanish FMHRC Form 1002 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16681),
incorporated herein by reference, which includes a copy of the notice of
eviction due to change in the use of the land comprising the mobile home park
and a copy of the current title(s) to the mobile home with the proper
designation of "HS" duly endorsed to the park owner by the owner of record and
valid releases of all liens shown on the title. Applicants for payment under
this paragraph shall also submit an Acknowledgment by Park Owner When a Home Is
Abandoned, FMHRC Form 1009 (Revised 6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16678)
or Spanish FMHRC Form 1009 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16686),
incorporated herein by reference, with either the park owner's signature
acknowledging abandonment and agreeing to make payment to the Corporation, or
the applicant's signature certifying their inability to obtain the park owner's
signature; Abandonment Acknowledgement, FMHRC Form 1010 (Revised 6-12-24)
(https://www.flrules.org/Gateway/reference.asp?No=Ref-16679)
or Spanish FMHRC Form 1010 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16687),
incorporated herein by reference, which is a form stating when the home was
abandoned and the address to which payment should be sent; and Acknowledgment
of Non-Participation in Litigation and Acknowledgment of Non-Acceptance of
Compensation from Park Owner, FMHRC Form 1008 (Revised 6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16677)
or Spanish FMHRC Form 1008 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16685),
incorporated herein by reference. For applications approved, the Corporation
shall forward the park owner a copy of the approval along with an invoice for
payment as set forth in section
723.0612(7),
F.S. Only completed applications will receive a date stamp. In the event the
applicant resubmits the application with the required documentation, the
application will then receive a date stamp assigning its priority. Please refer
to the Corporation's official website for the forms referenced herein and for
additional information on when to submit an application for assistance from the
Corporation, and for other information regarding the Corporation,
www.fmhrc.org.
(6) In the event the funds for payment of
relocation expenses or payment for abandonment of the mobile home have been
exhausted, the following procedures will be utilized:
(a) The applicant who has properly completed
the relocation application and attached the required documentation, and been
approved by the Corporation will receive a certificate, Certificate for Payment
of Relocation Expenses When Funds Become Available, Form 1005 (Revised 7-1-15)
(https://www.flrules.org/Gateway/reference.asp?No=Ref-06006)
or Spanish FMHRC Form 1005 (Revised 7-1-15) (http://www.flrules.org/Gateway/reference.asp?No=Ref-13328),
incorporated herein by reference, showing the time and date of approval of
payment of an applicant's relocation expenses. Should sufficient funds become
available, the Corporation shall pay the claimant for relocation expenses whose
unpaid claim is the earliest by time and date of approval.
(b) The applicant who has properly completed
the abandonment application and attached the required documentation, and been
approved by the Corporation, will receive a certificate, Certificate for
Payment for Abandoned Mobile Home When Funds Become Available, Form 1006
(Revised 7-1-15) (https://www.flrules.org/Gateway/reference.asp?No=Ref-06007)
or Spanish FMHRC Form 1006 (Revised 7-1-15) (http://www.flrules.org/Gateway/reference.asp?No=Ref-13329),
incorporated herein by reference. The Corporation shall pay the applicant at
the time the park owner has made the required payment to the Corporation for
that applicant.
(7)
Completed applications received will be date stamped. Priority of payment of
claims for abandonment expenses will be based upon the date the completed
application is date stamped.
(8)
The Corporation must approve payment within 45 days after receipt of the
completed abandonment application, or payment is deemed approved. Once the
mobile home has been abandoned, the Corporation shall forward to the park owner
a copy of the approval along with an invoice for payment as set forth in
section 723.0612(7), F.S.
(9) All
forms referenced in these rules and utilized by the Corporation may be obtained
by visiting www.fmhrc.org.
Notes
Rulemaking Authority 723.0611(3) FS. Law Implemented 723.061, 723.06116, 723.0612 FS.
New 1-6-04, Amended 11-3-04, 10-1-08, 11-5-15, 7-21-21.
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