723.033 – Unreasonable Lot Rental Agreements; Increases, Changes.
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 agreement, to be unreasonable, the court may: (a) Refuse to enforce the lot rental agreement. (b) Refuse to enforce the rent increase or change. (c) Enforce the […]
723.035 – Rules and Regulations.
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 rule or regulation shall provide for payment of any fee, fine, assessment, or charge, except as otherwise provided in the prospectus or offering circular filed under […]
723.037 – Lot Rental Increases; Reduction in Services or Utilities; Change in Rules and Regulations; Mediation.
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 been formed, at least 90 days before any increase in lot rental amount or reduction in […]
723.038 – Dispute Settlement; Mediation.
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 proceedings unless the parties timely notify the division in writing that they have selected a mediator. A person appointed by the division shall be a qualified […]
723.0381 – Civil Actions; Arbitration.
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 the circuit court. (2) The court may refer the action to nonbinding arbitration pursuant to s. 44.103 and the Florida Rules of Civil Procedure. The court shall order […]
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 […]
723.001 – 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, […]