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quoted from Florida Statute 723.004 which states that the State <br />preempts all regulations and control of mobile home lot rents and <br />that local government is prohibited from taking any action with <br />respect to matters preempted to the State of Florida. The <br />relationship between landlord and tenant is included in those <br />preempted regulations and controls. Mr. Pitiak felt that the <br />County violated this preemption by adopting Ordinance 91-9, <br />specifically Section 201.12. In that Section the park owner was <br />given 5 years to pay the impact fees, but the individual unit owner <br />must pay the impact fee when his unit is resold in Park Place. <br />Director Pinto pointed out that Mr. Pitiak was misreading the <br />developer's agreement. The agreement stated that when a unit is <br />transferred, the owner of the mobile home park will have to pay the <br />impact fee. Additionally, the Park Place franchise agreement is <br />the only agreement in the county which is structured so that the <br />owner can pass the cost through to the mobile home owner. The Park <br />Place franchise originally was set up under the City of Sebastian, <br />not under Indian River County, and it established rates and gave <br />Park Place Utility the authority to bill tenants directly. <br />Attorney Vitunac emphasized that the franchise agreement with <br />the mobile home park owner says the impact fee must be paid when <br />the units are resold. It does not say the tenant must pay the <br />impact fee. <br />Chairman Eggert noted that the County is no longer a party to <br />that agreement. <br />Mr. Pitiak also complained that when the pumps burned out and <br />the water system went down in Sabal Palms, which is the next-door <br />mobile home park, they used Park Place water for over a month but <br />did not pay a surcharge for that water. He considered that <br />discriminatory. Mr. Pitiak quoted from a transcript wherein <br />Director Pinto stated that the County has no authority to address <br />the ability of the mobile home park owner to pass the impact fees <br />and other charges to the tenants. He felt that the County said one <br />thing and did another, and that is why mobile home park residents <br />are so frustrated. <br />Chairman Eggert said that the Commissioners are also <br />frustrated and are trying to get the legislators to do something <br />about this problem so that everyone clearly understands their <br />obligation. <br />Mr. Pitiak discussed the sale price of the utility system at <br />Park Place and felt that the County did not follow established <br />procedure in arriving at a price for that utility. <br />Director Pinto explained that the price was established based <br />on original construction costs and allowing for depreciation. <br />5 <br />DEC 171992 Boor. 88) F. <br />