Florida Statutes Title XL Chapter 723 - Mobile Home Park Lot Tenancies

• 723.001 - Short Title.
  This chapter shall be known and may be cited as the “Florida Mobile Home Act.”History.—s. 1, ch. 84-80.
• 723.002 - Application Of Chapter.
  (1) The provisions of this chapter apply to any residential tenancy in which a mobile home is placed upon a rented or leased lot in a...
• 723.003 - Definitions.
  As used in this chapter, the term:(1) “Discrimination” or “discriminatory” means that a homeowner is being treated differently as to the rent charged, the services rendered,...
• 723.004 - Legislative Intent; Preemption Of Subject Matter.
  (1) The Legislature finds that there are factors unique to the relationship between a mobile home owner and a mobile home park owner. Once occupancy has...
• 723.005 - Regulation By Division.
  The division has the power and duty to enforce and ensure compliance with the provisions of this chapter and rules promulgated pursuant hereto relating to...
• 723.006 - Powers And Duties Of Division.
  In performing its duties, the division has the following powers and duties:(1) The division may make necessary public or private investigations within or outside this state...
• 723.007 - Annual Fees; Surcharge.
  (1) Each mobile home park owner shall pay to the division, on or before October 1 of each year, an annual fee of $4 for each...
• 723.008 - Applicability Of Chapter 212 To Fees, Penalties, And Fines Under This Chapter.
  The same duties and privileges imposed by chapter 212 upon dealers in tangible property respecting the collection and remission of tax; the making of returns;...
• 723.009 - Division Of Florida Condominiums, Timeshares, And Mobile Homes Trust Fund.
  All proceeds from the fees, penalties, and fines imposed pursuant to this chapter shall be deposited into the Division of Florida Condominiums, Timeshares, and Mobile...
• 723.011 - Disclosure Prior To Rental Of A Mobile Home Lot; Prospectus, Filing, Approval.
  (1)(a) In a mobile home park containing 26 or more lots, the park owner shall file a prospectus with the division. Prior to entering into an...
• 723.012 - Prospectus Or Offering Circular.
  The prospectus or offering circular, which is required to be provided by s. 723.011, must contain the following information:(1) The front cover or the first page...
• 723.013 - Written Notification In The Absence Of A Prospectus.
  A mobile home park owner who enters into a rental agreement in which a prospectus is not provided shall give written notification to the mobile...
• 723.014 - Failure To Provide Prospectus Or Offering Circular Prior To Occupancy.
  (1) If a prospectus or offering circular was not provided to the prospective lessee prior to execution of the lot rental agreement or prior to initial...
• 723.016 - Advertising Materials; Oral Statements.
  (1) All advertising materials for, used by, or promoting any mobile home park shall be filed with the division by the developer, park owner, or mobile...
• 723.017 - Publication Of False Or Misleading Information; Remedies.
  Any person who pays anything of value toward the purchase of a mobile home or placement of a mobile home in a mobile home park...
• 723.021 - Obligation Of Good Faith And Fair Dealings.
  Every rental agreement or duty within this chapter imposes an obligation of good faith and fair dealings in its performance or enforcement. Either party to...
• 723.022 - Mobile Home Park Owner’s General Obligations.
  A mobile home park owner shall at all times:(1) Comply with the requirements of applicable building, housing, and health codes.(2) Maintain buildings and improvements in common areas...
• 723.023 - Mobile Home Owner’s General Obligations.
  A mobile home owner shall at all times:(1) Comply with all obligations imposed on mobile home owners by applicable provisions of building, housing, and health codes,...
• 723.024 - Compliance By Mobile Home Park Owners And Mobile Home Owners.
  Notwithstanding any other provision of this chapter or of any local law, ordinance, or code:(1) If a unit of local government finds that a violation of...
• 723.025 - Park Owner’s Access To Mobile Home And Mobile Home Lot.
  A mobile home park owner has no right of access to a mobile home unless the mobile home owner’s prior written consent has been obtained...
• 723.027 - Persons Authorized By Park Owner To Receive Notices.
  Any person authorized by a park owner to receive notices and demands on the park owner’s behalf retains such authority until the mobile home owner...
• 723.031 - Mobile Home Lot Rental Agreements.
  (1) No rental agreement shall contain any rule or regulation prohibited by this chapter, nor shall it provide for promulgation of any rule or regulation inconsistent...
• 723.032 - Prohibited Or Unenforceable Provisions In Mobile Home Lot Rental Agreements.
  (1) A mobile home lot rental agreement may provide a specific duration with regard to the amount of rental payments and other conditions of the tenancy,...
• 723.033 - Unreasonable Lot Rental Agreements; Increases, Changes.
  (1) If the court, as a matter of law, finds a mobile home lot rental amount, rent increase, or change, or any provision of the rental...
• 723.035 - Rules And Regulations.
  (1) A copy of all rules and regulations shall be posted in the recreation hall, if any, or in some other conspicuous place in the park.(2) No...
• 723.037 - Lot Rental Increases; Reduction In Services Or Utilities; Change In Rules And Regulations; Mediation.
  (1) A park owner shall give written notice to each affected mobile home owner and the board of directors of the homeowners’ association, if one has...
• 723.038 - Dispute Settlement; Mediation.
  (1) Either party may petition the division to appoint a mediator and initiate mediation proceedings.(2) The division upon petition shall appoint a qualified mediator to conduct mediation...
• 723.0381 - Civil Actions; Arbitration.
  (1) After mediation of a dispute pursuant to s. 723.038 has failed to provide a resolution of the dispute, either party may file an action in...
• 723.041 - Entrance Fees; Refunds; Exit Fees Prohibited; Replacement Homes.
  (1)(a) Entrance fees on new mobile home placements shall be specifically set forth in the prospectus or offering circular. Any such fee shall be clearly identified...
• 723.042 - Provision Of Improvements.
  No person shall be required by a mobile home park owner or developer, as a condition of residence in the mobile home park, to provide...
• 723.043 - Purchase Of Equipment.
  No mobile home park owner or developer shall require a mobile home owner of the mobile home park to purchase from such mobile home park...
• 723.044 - Interference With Installation Of Appliances Or Interior Improvements.
  A mobile home park owner or developer shall not charge any resident who chooses to install an electric or gas appliance in her or his...
• 723.045 - Sale Of Utilities By Park Owner Or Developer.
  No mobile home park owner or developer who purchases electricity or gas (natural, manufactured, or similar gaseous substance) from any public utility or municipally owned...
• 723.046 - Capital Costs Of Utility Improvements.
  In the event that the costs for capital improvements for a water or sewer system are to be charged to or to be passed through...
• 723.051 - Invitees; Rights And Obligations.
  (1) An invitee of a mobile home owner shall have ingress and egress to and from the home owner’s site without the home owner or invitee...
• 723.054 - Right Of Mobile Home Owners To Peaceably Assemble; Right To Communicate.
  (1) No provision contained in any bylaw, rental agreement, regulation, or rule pertaining to a mobile home park shall infringe upon the right of the mobile...
• 723.055 - Right Of Mobile Home Owner To Invite Public Officers, Candidates For Public Office, Or Representatives Of A Tenant Organization.
  No provision contained in any bylaw, rental agreement, regulation, or rule pertaining to a mobile home park shall infringe upon the right of a mobile...
• 723.056 - Enforcement Of Right Of Assembly And Right To Hear Outside Speakers.
  Any mobile home owner who is prevented from exercising rights guaranteed by s. 723.054 or s. 723.055 may bring an action in the appropriate court...
• 723.058 - Restrictions On Sale Of Mobile Homes.
  (1) No mobile home park owner or subdivision developer shall make or enforce any rule, regulation, or rental agreement provision which denies or abridges the right...
• 723.059 - Rights Of Purchaser.
  (1) The purchaser of a mobile home within a mobile home park may become a tenant of the park if such purchaser would otherwise qualify with...
• 723.061 - Eviction; Grounds, Proceedings.
  (1) A mobile home park owner may evict a mobile home owner, a mobile home tenant, a mobile home occupant, or a mobile home only on...
• 723.0611 - Florida Mobile Home Relocation Corporation.
  (1)(a) There is created the Florida Mobile Home Relocation Corporation. The corporation shall be administered by a board of directors made up of six members, three...
• 723.06115 - Florida Mobile Home Relocation Trust Fund.
  (1) The Florida Mobile Home Relocation Trust Fund is established within the Department of Business and Professional Regulation. The trust fund is to be used to...
• 723.06116 - Payments To The Florida Mobile Home Relocation Corporation.
  (1) If a mobile home owner is required to move due to a change in use of the land comprising a mobile home park as set...
• 723.0612 - Change In Use; Relocation Expenses; Payments By Park Owner.
  (1) If a mobile home owner is required to move due to a change in use of the land comprising the mobile home park as set...
• 723.0615 - Retaliatory Conduct.
  (1) It is unlawful for a mobile home park owner to discriminatorily increase a home owner’s rent or discriminatorily decrease services to a home owner, or...
• 723.062 - Removal Of Mobile Home Owner; Process.
  (1) In an action for possession, after entry of judgment in favor of the mobile home park owner, the clerk shall issue a writ of possession...
• 723.063 - Defenses To Action For Rent Or Possession; Procedure.
  (1) In any action based upon nonpayment of rent or seeking to recover unpaid rent, or a portion thereof, the mobile home owner may defend upon...
• 723.068 - Attorney’s Fees.
  Except as provided in s. 723.037, in any proceeding between private parties to enforce provisions of this chapter, the prevailing party is entitled to a...
• 723.071 - Sale Of Mobile Home Parks.
  (1)(a) If a mobile home park owner offers a mobile home park for sale, she or he shall notify the officers of the homeowners’ association created...
• 723.072 - Affidavit Of Compliance With Statutory Requirements.
  (1) A park owner may at any time record, in the official records of the county where a mobile home park is situated, an affidavit in...
• 723.073 - Conveyance By The Association.
  (1) In the event that an association acquires a mobile home park and intends to reconvey a portion or portions of the property acquired to members...
• 723.074 - Sale Of Facilities Serving A Mobile Home Subdivision.
  The owner of recreational facilities or other property exclusively serving a mobile home subdivision shall not sell such recreational facilities or other property unless she...
• 723.075 - Homeowners’ Associations.
  (1) In order to exercise the rights provided in s. 723.071, the mobile home owners shall form an association in compliance with this section and ss....
• 723.0751 - Mobile Home Subdivision Homeowners’ Association.
  (1) In the event that no homeowners’ association has been created pursuant to ss. 720.301-720.312 to operate a mobile home subdivision, the owners of lots in...
• 723.076 - Incorporation; Notification Of Park Owner.
  (1) Upon receipt of its certificate of incorporation, the homeowners’ association shall notify the park owner in writing of such incorporation and shall advise the park...
• 723.077 - Articles Of Incorporation.
  The articles of incorporation of a homeowners’ association shall provide:(1) That the association has the power to negotiate for, acquire, and operate the mobile home park...
• 723.078 - Bylaws Of Homeowners’ Associations.
  (1) The directors of the association and the operation shall be governed by the bylaws.(2) The bylaws shall provide and, if they do not, shall be deemed...
• 723.0781 - Board Member Training Programs.
  Within 90 days after being elected or appointed to the board, a newly elected or appointed director shall certify by an affidavit in writing to...
• 723.079 - Powers And Duties Of Homeowners’ Association.
  (1) An association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers. For these purposes, the powers of the...
• 723.0791 - Mobile Home Cooperative Homeowners’ Associations; Elections.
  The provisions of s. 719.106(1)(b) notwithstanding, the election of board members in a mobile home cooperative homeowners’ association may be carried out in the manner...
• 723.081 - Notice Of Application For Change In Zoning.
  The mobile home park owner shall notify in writing each mobile home owner or, if a homeowners’ association has been established, the directors of the...
• 723.083 - Governmental Action Affecting Removal Of Mobile Home Owners.
  No agency of municipal, local, county, or state government shall approve any application for rezoning, or take any other official action, which would result in...
• 723.084 - Storage Charges On Mobile Homes.
  (1) As provided by this section, any lien or charge against a mobile home for storage upon the real property on which the mobile home is...
• 723.085 - Rights Of Lienholder On Mobile Homes In Rental Mobile Home Parks.
  (1) It shall be unlawful for a mobile home park owner to execute on a writ of possession of a mobile home that is either undergoing...
• 723.086 - Property And Lienholder Contracts.
  The property owner and lienholder may enter into any contract providing rights, duties, and obligations different from those set forth in this act, and the...
• 723.0861 - Attorney’s Fees And Costs.
  The prevailing party in any action brought to enforce the provisions of 1this section shall be entitled to reasonable attorney’s fees and costs.History.—s. 19, ch....
• 723.1255 - Alternative Resolution Of Recall Disputes.
  The Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation shall adopt rules of procedure to govern binding...

Last modified: September 23, 2016