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Florida Statute 723.004 - Full Text and Legal Analysis
Florida Statute 723.004 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY
Chapter 723
MOBILE HOME PARK LOT TENANCIES
View Entire Chapter
F.S. 723.004
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 inherently real and substantial differences in the relationship which distinguish it from other landlord-tenant relationships. The Legislature recognizes that mobile home owners have basic property and other rights which must be protected. The Legislature further recognizes that the mobile home park owner has a legitimate business interest in the operation of the mobile home park as part of the housing market and has basic property and other rights which must be protected. This chapter is created for the purpose of regulating the factors unique to the relationship between mobile home owners and mobile home park owners in the circumstances described herein. It recognizes that when such inequalities exist between mobile home owners and mobile home park owners as a result of such unique factors, regulation to protect those parties to the extent that they are affected by the inequalities, while preserving and protecting the rights of both parties, is required.
(2) There is hereby expressly preempted to the state all regulation and control of mobile home lot rents in mobile home parks and all those other matters and things relating to the landlord-tenant relationship treated by or falling within the purview of this chapter. Every unit of local government is prohibited from taking any action, including the enacting of any law, rule, regulation, or ordinance, with respect to the matters and things hereby preempted to the state.
(3) It is expressly declared by the Legislature that the relationship between landlord and tenant as treated by or falling within the purview of this chapter is a matter reserved to the state and that units of local government are lacking in jurisdiction and authority in regard thereto. All local statutes and ordinances in conflict herewith are expressly repealed.
(4) If any provision of this chapter is held invalid, it is the legislative intent that the preemption by this section shall no longer be applicable to the provision of the chapter held invalid.
(5) Nothing in this chapter shall be construed to prevent the enforcement of a right or duty under this section, s. 723.022, s. 723.023, s. 723.031, s. 723.032, s. 723.033, s. 723.035, s. 723.037, s. 723.038, s. 723.061, s. 723.0615, s. 723.062, s. 723.063, or s. 723.081 by civil action after the party has exhausted its administrative remedies, if any.
History.s. 1, ch. 84-80; s. 2, ch. 86-162; s. 4, ch. 92-148.

F.S. 723.004 on Google Scholar

F.S. 723.004 on CourtListener

Amendments to 723.004


Annotations, Discussions, Cases:

Cases Citing Statute 723.004

Total Results: 7

Village Park Mobile Home Ass'n Inc. v. State, Dept. of Business

506 So. 2d 426

District Court of Appeal of Florida | Filed: May 8, 1987 | Docket: 1336721

Cited 13 times | Published

exhausted its administrative remedies, if any (Section 723.004(4)); (2) powers and duties of the Division

Mobile Home Owners v. Fl. Housing Ass'n

683 So. 2d 586, 1996 WL 656411

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1514911

Cited 5 times | Published

Stewart v. Green, 300 So.2d at 892; see also § 723.004, Fla.Stat. (1993). The high cost of moving a mobile

Munao, Munao, Munao v. Homeowners Ass'n

740 So. 2d 73, 1999 WL 492632

District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 1456931

Cited 4 times | Published

rights of both parties, is required. Fla. Stat. § 723.004(1). The object of [chapter 83, the predecessor

United States v. Erick Garcia-Sandobal

703 F.3d 1278, 2013 WL 28255

Court of Appeals for the Eleventh Circuit | Filed: Jan 3, 2013 | Docket: 239022

Cited 1 times | Published

provoke[s] a breach of the peace”); Iowa Code § 723.4 (providing that “disorderly conduct” includes any

Amber Glades, Inc. v. LEISURE ASSOCIATES LIMITED PARTNERSHIP

893 So. 2d 620, 2005 Fla. App. LEXIS 1360, 2005 WL 292265

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 1378305

Cited 1 times | Published

legislature has actually preempted this subject. See § 723.004, Fla. Stat. (2003). When litigation results under

Ago

Florida Attorney General Reports | Filed: Jun 7, 2010 | Docket: 3256968

Published

of the mobile home park owner is required.2 Section 723.004(2), Florida Statutes, states: "There is hereby

Lake Haven Mobile Home Owners, Inc. v. Orangeland Vistas, Inc.

408 F. Supp. 2d 1231, 2006 U.S. Dist. LEXIS 835, 2006 WL 40897

District Court, M.D. Florida | Filed: Jan 5, 2006 | Docket: 2432999

Published

in 1984 (Fla. Stat. §§ 723.001 et seq.). See § 723.004. In short, the Act strikes a regulatory balance