Florida Statute 723.004 | 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. 723.004

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 All local statutes and ordinances in conflict herewith are expressly repealed.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.

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Amendments to 723.004

Arrestable Offenses / Crimes under Fla. Stat. 723.004

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 723.004.

Annotations, Discussions, Cases:

Cases Citing Statute 723.004

Total Results: 11

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-06-07

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

Patterson v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-10-06

Citation: 938 So. 2d 625, 2006 WL 2844575

Snippet: 116; Register, 619 So. 2d 498; Kirby, 765 So. 2d 723.[4] It is this analysis that Mr. Patterson seeks to

Amber Glades, Inc. v. LEISURE ASSOCIATES LIMITED PARTNERSHIP

Court: District Court of Appeal of Florida | Date Filed: 2005-02-09

Citation: 893 So. 2d 620, 2005 Fla. App. LEXIS 1360

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

Somerset Village Ltd. Partnership v. Carlton, Fields, Ward, Emmanuel, Smith

Court: District Court of Appeal of Florida | Date Filed: 2001-02-14

Citation: 782 So. 2d 414, 2001 Fla. App. LEXIS 1377

Snippet: Resolution Trust Corporation as part of a $6,506,723.04 judgment against various defendants, including

Munao, Munao, Munao v. Homeowners Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1999-07-14

Citation: 740 So. 2d 73, 1999 WL 492632

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

Mobile Home Owners v. Fl. Housing Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1996-11-13

Citation: 683 So. 2d 586

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

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

Court: District Court of Appeal of Florida | Date Filed: 1987-05-08

Citation: 506 So. 2d 426

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

State v. Patterson

Court: District Court of Appeal of Florida | Date Filed: 1975-03-26

Citation: 309 So. 2d 555

Snippet: (1964) 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723. [4] (1969) 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d

Brown v. Fawcett Publications, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1967-03-10

Citation: 196 So. 2d 465

Snippet: damages in the following language (text 127 So.2d 723-4): "The appellant further complains that the court

Butler v. Carter

Court: Supreme Court of Florida | Date Filed: 1960-09-21

Citation: 123 So. 2d 313

Snippet: Coast Line R. Co. v. King, Fla. 1951, 51 So.2d 723. [4] Atchinson, T. & S.F. Ry. Co. v. Illinois Commerce

Seaboard Oil Co. v. Donovan

Court: Supreme Court of Florida | Date Filed: 1930-06-06

Citation: 128 So. 821, 99 Fla. 1296

Snippet: Welty v. Jacobs, 171 Ill. 624, 631, 49 N.E. R. 723; 4 Pomeroy Equity Jurisprudence (3d Ed.), Section