Florida Statute 723.003 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 723
MOBILE HOME PARK LOT TENANCIES

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F.S. 723.003

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 Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation.

(3) “Electronic transmission” means a form of communication, not directly involving the physical transmission or transfer of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient and that may be directly reproduced in a comprehensible and legible paper form by the recipient through an automated process, such as a printer or copy machine. Examples of electronic transmission include, but are not limited to, telegrams, facsimile transmission of images, and text that is sent via e-mail between computers. Electronic transmission does not include oral communication by telephone.

(4) “Homeowners’ association” means a corporation for profit or not for profit, which is formed and operates in compliance with ss. 723.075-723.079; or, in a subdivision the homeowners’ association authorized in the subdivision documents in which all home owners must be members as a condition of ownership.

(5) “Homeowners’ committee” means a committee, not to exceed five persons in number, designated by a majority of the affected homeowners in a mobile home park or a subdivision; or, if a homeowners’ association has been formed, designated by the board of directors of the association. The homeowners’ committee is designated for the purpose of meeting with the park owner or park developer to discuss lot rental increases, reduction in services or utilities, or changes in rules and regulations and any other matter authorized by the homeowners’ association, or the majority of the affected home owners, and who are authorized to enter into a binding agreement with the park owner or subdivision developer, or a binding mediation agreement, on behalf of the association, its members, and all other mobile home owners in the mobile home park.

(6) “Lot rental amount” means all financial obligations, except user fees, which are required as a condition of the tenancy.

(7)(a) “Mediation” means a process whereby a mediator appointed by the Division of Florida Condominiums, Timeshares, and Mobile Homes, or mutually selected by the parties, acts to encourage and facilitate the resolution of a dispute. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable agreement.

(b) For purposes of mediation under ss. 723.037 and 723.038, the term “parties” means a park owner as defined in subsection (13) and a homeowners’ committee selected pursuant to s. 723.037.

(8) “Mobile home” means a residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.

(9) “Mobile home lot” means a lot described by a park owner pursuant to the requirements of s. 723.012, or in a disclosure statement pursuant to s. 723.013, as a lot intended for the placement of a mobile home.

(10) “Mobile home lot rental agreement” or “rental agreement” means any mutual understanding or lease, whether oral or written, between a mobile home owner and a mobile home park owner in which the mobile home owner is entitled to place his or her mobile home on a mobile home lot for either direct or indirect remuneration of the mobile home park owner.

(11) “Mobile home owner,” “mobile homeowner,” “home owner,” or “homeowner” means a person who owns a mobile home and rents or leases a lot within a mobile home park for residential use.

(12) “Mobile home park” or “park” means a use of land in which lots or spaces are offered for rent or lease for the placement of mobile homes and in which the primary use of the park is residential.

(13) “Mobile home park owner” or “park owner” means an owner or operator of a mobile home park.

(14) “Mobile home subdivision” means a subdivision of mobile homes where individual lots are owned by owners and where a portion of the subdivision or the amenities exclusively serving the subdivision are retained by the subdivision developer.

(15) “Offering circular” has the same meaning as the term “prospectus” as it is used in this chapter.

(16) “Operator of a mobile home park” means either a person who establishes a mobile home park on land that is leased from another person or a person who has been delegated the authority to act as the park owner in matters relating to the administration and management of the mobile home park, including, but not limited to, authority to make decisions relating to the mobile home park.

(17) “Pass-through charge” means the mobile home owner’s proportionate share of the necessary and actual direct costs and impact or hookup fees for a governmentally mandated capital improvement, which may include the necessary and actual direct costs and impact or hookup fees incurred for capital improvements required for public or private regulated utilities.

(18) “Proportionate share” as used in subsection (17) means an amount calculated by dividing equally among the affected developed lots in the park the total costs for the necessary and actual direct costs and impact or hookup fees incurred for governmentally mandated capital improvements serving the recreational and common areas and all affected developed lots in the park.

(19) “Resale agreement” means a contract in which a mobile home owner authorizes the mobile home park owner, or the park owner’s designee, to act as exclusive agent for the sale of the homeowner’s mobile home for a commission or fee.

(20) “Unreasonable” means arbitrary, capricious, or inconsistent with this chapter.

(21) “User fees” means those amounts charged in addition to the lot rental amount for nonessential optional services provided by or through the park owner to the mobile home owner under a separate written agreement between the mobile home owner and the person furnishing the optional service or services.

History.—s. 1, ch. 84-80; s. 1, ch. 86-162; s. 2, ch. 90-198; s. 1, ch. 91-202; s. 242, ch. 94-218; s. 912, ch. 97-102; s. 2, ch. 2001-227; s. 72, ch. 2008-240; s. 2, ch. 2015-90.

F.S. 723.003 on Google Scholar

F.S. 723.003 on Casetext

Amendments to 723.003

Arrestable Offenses / Crimes under Fla. Stat. 723.003

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 723.003.

Annotations, Discussions, Cases:

Cases Citing Statute 723.003

Total Results: 18

NAPLES ESTATES LIMITED PARTNERSHIP v. PAMELA MUSTON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-10T00:53:00-07:00

Snippet: monthly lot rental amount as defined in Section 723.003(2), Florida Statutes. The disputed rents are the

Florida Parole Commission v. Spaziano

Court: Fla. | Date Filed: 2010-10-14T00:00:00-07:00

Citation: 48 So. 3d 714, 35 Fla. L. Weekly Supp. 582, 2010 Fla. LEXIS 1730, 2010 WL 4007636

Snippet: 947.172(3), which provides in pertinent part: *723(3) A presumptive parole release date shall become

Association v. Bluhm

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-20T00:53:00-07:00

Citation: 885 So. 2d 435

Snippet: cited the definition of mobile home in section 723.003(3), Florida Statutes (2003): The term "mobile…home under the statutory definition in section 723.003(3). The trial court's reliance on the statutory…application outside the context of chapter 723. See § 723.003 ("Definitions As used in this chapter, the

Zapo v. Gilreath

Court: Fla. Dist. Ct. App. | Date Filed: 2001-03-15T23:53:00-08:00

Citation: 779 So. 2d 651

Snippet: quot;mobile home" can be found in section 723.003(3), Florida Statutes (1996). [3] To be utilized

Value Rent-A-Car, Inc. v. Harbert

Court: Fla. Dist. Ct. App. | Date Filed: 1998-08-26T00:53:00-07:00

Citation: 720 So. 2d 552

Snippet: liable for the driver's negligence. Id. § 723. [3] See also rule 1.061(c), which provides that defendants

Bearden v. Homeowners of Alligator Park, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1995-12-22T00:00:00-08:00

Citation: 686 So. 2d 2, 1995 Fla. App. LEXIS 13204, 1995 WL 756580

Snippet: as “pass-through charges” pursuant to section 723.003(10), Florida Statutes (1991). Appel-lee is the … as “pass-through charges” pursuant to section 723.003(10) because the improvements were not demonstrated

Metropolitan Dade County v. Bermudez

Court: Fla. Dist. Ct. App. | Date Filed: 1994-12-19T23:53:00-08:00

Citation: 648 So. 2d 197

Snippet: that day. Leslie, 147 Ariz. at 43, 708 P.2d at 723. [3] The state presented expert testimony that chemical

Ago

Court: Fla. Att'y Gen. | Date Filed: 1994-02-09T23:53:00-08:00

Snippet: quot;mobile home park" is defined by section 723.003(6), Florida Statutes, to mean a use of land in … "mobile home" is defined by section 723.003(3), Florida Statutes, to expressly exclude structures

MLH Property Managers, Inc. v. Cox

Court: Fla. Dist. Ct. App. | Date Filed: 1993-02-17T00:00:00-08:00

Citation: 613 So. 2d 1358, 1993 Fla. App. LEXIS 1844, 1993 WL 36266

Snippet: costs” as “additional rent”, and while section 723.003(10) includes such charges as “pass through charges

Menna v. Sun Country Homeowners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1992-09-02T00:00:00-07:00

Citation: 604 So. 2d 897, 1992 Fla. App. LEXIS 9366, 1992 WL 213131

Snippet: mediation of the dispute. § 723.037(5). See § 723.003(1), Fla.Stat. (Supp.1990). After the 1986 amendment

Herrick v. FLORIDA DEPT. OF BUSINESS REG.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-02-18T23:53:00-08:00

Citation: 595 So. 2d 148

Snippet: (b) For pass-through charges as defined in s. 723.003(9). (c) That no charge may be collected that results…for arbitration rather than mediation. Section 723.003, Florida Statutes, provides the meaning to be accorded

Dehnel v. Paradise R.V. Resort

Court: Fla. Dist. Ct. App. | Date Filed: 1991-11-07T00:00:00-08:00

Citation: 588 So. 2d 668, 1991 Fla. App. LEXIS 11162, 1991 WL 227893

Snippet: .Stat.) is not a mobile home (§§ 513.01(2) and 723.003(3), Fla.Stat.) as to which section 723.002, Florida

Ago

Court: Fla. Att'y Gen. | Date Filed: 1991-09-26T00:53:00-07:00

Snippet: also, Garcia v. Walder Electronics, Inc.,563 So.2d 723 (3 D.C.A. Fla., 1990), noting that a public employer

Douglas v. River Grove "I" Mobile Homeowners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1991-02-14T00:00:00-08:00

Citation: 574 So. 2d 293, 1991 Fla. App. LEXIS 1046, 1991 WL 16305

Snippet: and the action could not be brought under section 723. 3. That a class action was improper because the issues

Colonial Acres Mobile Homeowners Ass'n v. Wallach

Court: Fla. Dist. Ct. App. | Date Filed: 1989-04-18T00:00:00-07:00

Citation: 558 So. 2d 25, 14 Fla. L. Weekly 978, 1989 Fla. App. LEXIS 2115, 1989 WL 36169

Snippet: inconsistent with the purpose of the chapter, section, § 723.003(10), Florida Statutes (1985) — a lesser burden

Ago

Court: Fla. Att'y Gen. | Date Filed: 1988-04-25T00:53:00-07:00

Snippet: 1945-1946 Biennial Report of the Attorney General 723. 3 See, 1945-1946 Biennial Report of the Attorney

Russell v. Jacksonville Gas Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1960-01-04T23:53:00-08:00

Citation: 117 So. 2d 29

Snippet: So.2d 403; Byers v. Gunn, Fla. 1955, 81 So.2d 723. [3] Stolmaker v. Bowerman, Fla.App. 1958, 100 So.2d

Boswell & Rose v. Cunningham

Court: Fla. | Date Filed: 1893-06-14T23:53:00-08:00

Citation: 32 Fla. 277

Snippet: 16 Conn., 388; Switzer vs. Skiles. 44 Am. Pec., 723, (3 Gilman, 529); Reed vs. Warner, 5 Paige’s Chy.,