Fla. Stat. § 723.001
Short title
This chapter shall be known and may be cited as the “Florida Mobile Home Act.”
Florida Statutes Chapter 723 — MOBILE HOME PARK LOT TENANCIES
Florida · statute · Fla. Stat. ch. 723 · 69 active provisions
Fla. Stat. § 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, including a tenancy in which both a mobile hom…
Fla. Stat. § 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) “Divis…
Fla. Stat. § 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, there exist…
Fla. Stat. § 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 to…
Fla. Stat. § 723.0051
Rulemaking authority for implementation of ch. 2024-123
The Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation shall adopt rules to implement and administer this act.
Fla. Stat. § 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 aid in t…
Fla. Stat. § 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 shall be assessed a penalty of 10 percent of the amount due, and…
Fla. Stat. § 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 administration of that chapter apply to and are bin…
Fla. Stat. § 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 be used to defray the expens…
Fla. Stat. § 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 approved by the division. This subsection does not invalidate those…
Fla. Stat. § 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…
Fla. Stat. § 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 name of the zoning authority which h…
Fla. Stat. § 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 by the lessee of the prospectus or offering circular and a…
Fla. Stat. § 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 quarters shall end on Ma…
Fla. Stat. § 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 from the park owner or developer in adver…
Fla. Stat. § 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 dealings. Upon such a finding, t…
Fla. Stat. § 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) Provid…
Fla. Stat. § 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 fo…
Fla. Stat. § 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 and enforce the citation under its local code an…
Fla. Stat. § 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 be revoked in writing by the mobile home owner at any time. The park owne…
Fla. Stat. § 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 is notified otherwise. All notices of such names and addresses or changes made thereto shall be delivered to the mobile home owner’s residence or to another address specifie…
Fla. Stat. § 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 with this chapter or amendment of any rule or regulation inconsistently with this chapter.(2) Whether or not a tenancy is covered by a valid written renta…
Fla. Stat. § 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, but the rental agreement shall neither provide for, nor be construed to provide for, the termination of any tenancy except as provided in s. 723.061.(2) Any provision…
Fla. Stat. § 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 remainder of the lot rental…
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