Florida Statutes
Fla. Stat. § 83.42 (2025)
Exclusions from application of part.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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83.42 Exclusions from application of part.—This part does not apply to:
(1) Residency or detention in a facility, whether public or private, when residence or detention is incidental to the provision of medical, geriatric, educational, counseling, religious, or similar services. For residents of a facility licensed under part II of chapter 400, the provisions of s. 400.0255 are the exclusive procedures for all transfers and discharges.
(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part in which the buyer has paid at least 12 months’ rent or in which the buyer has paid at least 1 month’s rent and a deposit of at least 5 percent of the purchase price of the property.
(3) Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient occupancy in a mobile home park.
(4) Occupancy by a holder of a proprietary lease in a cooperative apartment.
(5) Occupancy by an owner of a condominium unit.
Notes of Decisions
Cited in 3
cases, 1980–2005 · leading case: Grimm v. Huckabee, 891 So. 2d 608 (Fla. 1st DCA 2005).
Grimm v. Huckabee, 891 So. 2d 608 (Fla. 1st DCA 2005). “§ 83.42(2), Fla. Stat. (1999). The Freys claim that this provision is inapplicable because they were not tenants under the statute.”
Frey v. Livecchi, 852 So. 2d 896 (Fla. 4th DCA 2003). “§ 83.42(2), Fla. Stat. (1999). The Freys claim that this provision is inapplicable because they were not tenants under the statute.”
Solomon v. Gentry, 388 So. 2d 52 (Fla. 4th DCA 1980). “*54 By way of preliminary thesis, appellees argue that they were mere transient occupants of the mobile home, thereby precluding application of the Florida Residential Landlord and Tenant Act, Section 83.42(3) and 83.43(2)(b), Florida Statutes (1979).”
— 83.42(2) — 2 cases
Grimm v. Huckabee, 891 So. 2d 608 (Fla. 1st DCA 2005). “§ 83.42(2), Fla. Stat. (1999). The Freys claim that this provision is inapplicable because they were not tenants under the statute.”
Frey v. Livecchi, 852 So. 2d 896 (Fla. 4th DCA 2003). “§ 83.42(2), Fla. Stat. (1999). The Freys claim that this provision is inapplicable because they were not tenants under the statute.”
— 83.42(3) — 1 case
Solomon v. Gentry, 388 So. 2d 52 (Fla. 4th DCA 1980). “*54 By way of preliminary thesis, appellees argue that they were mere transient occupants of the mobile home, thereby precluding application of the Florida Residential Landlord and Tenant Act, Section 83.42(3) and 83.43(2)(b), Florida Statutes (1979).”
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