Florida Statutes
Fla. Stat. § 723.002 (2025)
Application of chapter.
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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 home and a mobile home lot are rented or leased by the mobile home resident or a tenancy in which a rental space is offered for occupancy by recreational-vehicle-type units which are primarily designed as temporary living quarters for recreational camping or travel use and which either have their own motor power or are mounted on or drawn by another vehicle. When both the mobile home and lot are rented or when fewer than 10 lots are available for rent or lease, the tenancy shall be governed by the provisions of part II of chapter 83, the “Florida Residential Landlord and Tenant Act.” However, this chapter shall continue to apply to any tenancy in a park even though the number of lots offered in that park has been reduced to below 10 if that tenancy was subject to the provisions of this chapter prior to the reduction in lots. This subsection is intended to clarify existing law.
(2) The provisions of ss. 723.035, 723.037, 723.038, 723.054, 723.055, 723.056, 723.058, and 723.068 are applicable to mobile home subdivision developers and the owners of lots in mobile home subdivisions.
(3) Any other provision of this chapter or any other provision of the Florida Statutes to the contrary notwithstanding, the provisions of this chapter shall be applicable to a park trailer located on a mobile home lot in a mobile home park.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1989–2022 · leading case: Dehnel v. Paradise R.V. Resort, 588 So. 2d 668 (Fla. 5th DCA 1991).
Dehnel v. Paradise R.V. Resort, 588 So. 2d 668 (Fla. 5th DCA 1991). “Section 723.002, Florida Statutes, provides that when a mobile home and lot are rented, eviction of the tenant is by proceedings under Chapter 83, Florida Statutes.”
Rowles v. Dept. of Bus. Reg., 585 So. 2d 319 (Fla. 5th DCA 1991). “It is bolstered by the legislature's 1990 amendment to section 723.002 which added the following two sentences to subsection (1): However, this chapter shall continue to apply to any tenancy in a park even though the number of lots offered in that park has been reduced to below…”
Friedel v. Sun Communities, Inc. (S.D. Fla. 2022). “Fla. Stat. § 723.002 . An award of attorney’s fees under Chapter 723 is mandatory and is not subject to the discretion of the Court.”
Russo v. Manfredo, 35 Fla. Supp. 2d 23 (Fla. Cir. Ct. 1989). “§ 723.002 (1987), thereby subjecting the property to the provisions of Fla.”
— 723.002(1) — 1 case
Rowles v. Dept. of Bus. Reg., 585 So. 2d 319 (Fla. 5th DCA 1991). “It is bolstered by the legislature's 1990 amendment to section 723.002 which added the following two sentences to subsection (1): However, this chapter shall continue to apply to any tenancy in a park even though the number of lots offered in that park has been reduced to below…”
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