723.001 – Short Title.
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.
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 mobile home park in which 10 or more lots are offered for rent or lease. This chapter shall not be construed to apply to any other tenancy, […]
723.003 – Definitions.
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, or an action for possession or other civil action being taken by the park owner, without a reasonable basis for the different treatment. (2) “Division” means the Division of Florida […]
723.004 – Legislative Intent; Preemption of Subject Matter.
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 commenced, unique factors can affect the bargaining position of the parties and can affect the operation of market forces. Because of those unique factors, […]
723.005 – Regulation by Division.
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 the rental, development, and sale of mobile home parks. However, the division does not have the power or duty to enforce mobile home park rules and regulations or […]
723.006 – Powers and Duties of Division.
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 to determine whether any person has violated this chapter or any rule or order hereunder, to aid in the enforcement of this chapter, or to […]
723.007 – Annual Fees; Surcharge.
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 mobile home lot within a mobile home park which he or she owns. If the fee is not paid by December 31, the mobile home park owner […]
723.008 – Applicability of Chapter 212 to Fees, Penalties, and Fines Under This Chapter.
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; the keeping of books, records, and accounts; and the compliance with the rules of the enforcing agency in the […]
723.009 – Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.
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 Homes Trust Fund created by s. 718.509. Moneys in this fund, as appropriated by the Legislature pursuant to chapter 216, may […]
723.011 – Disclosure Prior to Rental of a Mobile Home Lot; Prospectus, Filing, Approval.
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 enforceable rental agreement for a mobile home lot, the park owner shall deliver to the homeowner a prospectus […]
723.012 – Prospectus or Offering Circular.
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 must contain only: (a) The name of the mobile home park. (b) The following statements in conspicuous type: 1. THIS PROSPECTUS CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS […]
723.013 – Written Notification in the Absence of a Prospectus.
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 home owner of the following information prior to occupancy: (1) The nature and type of zoning under which the mobile home park operates; the […]
723.014 – Failure to Provide Prospectus or Offering Circular Prior to Occupancy.
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 occupancy of a new mobile home, the rental agreement is voidable by the lessee until 15 days after the receipt […]
723.016 – Advertising Materials; Oral Statements.
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 home dealer within 30 days of the end of each calendar quarter in which it was used, unless the material has been previously filed. The calendar […]
723.017 – Publication of False or Misleading Information; Remedies.
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 located in this state in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority […]
723.021 – Obligation of Good Faith and Fair Dealings.
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 a dispute under this chapter may seek an order finding the other party has not complied with the obligations of good faith and fair […]
723.022 – Mobile Home Park Owner’s General Obligations.
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 in a good state of repair and maintenance and maintain the common areas in a good state of appearance, safety, and cleanliness. (3) Provide […]
723.023 – Mobile Home Owner’s General Obligations.
723.023 Mobile home owner’s general obligations.—A mobile home owner shall: (1) At all times comply with all obligations imposed on mobile home owners by applicable provisions of building, housing, and health codes, including compliance with all building permits and construction requirements for construction on the mobile home and lot. The home owner is responsible for all fines […]
723.024 – Compliance by Mobile Home Park Owners and Mobile Home Owners.
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 a local code or ordinance has occurred, the unit of local government shall cite the responsible party for the violation […]
723.025 – Park Owner’s Access to Mobile Home and Mobile Home Lot.
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 or unless to prevent imminent danger to an occupant of the mobile home or to the mobile home. Such consent may […]