Florida Statutes

Fla. Stat. § 723.004 (2025)

Legislative intent; preemption of subject matter.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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 All local statutes and ordinances in conflict herewith are expressly repealed.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

Notes of Decisions

Cited in 6 cases, 1987–2006 · leading case: Munao, Munao, Munao v. Homeowners Ass'n, 740 So. 2d 73 (Fla. 4th DCA 1999).

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Munao, Munao, Munao v. Homeowners Ass'n, 740 So. 2d 73 (Fla. 4th DCA 1999). · cites it 4× “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…”

Mobile Home Owners v. Fl. Hous. Ass'n, 683 So. 2d 586 (Fla. 1st DCA 1996). · cites it 2× “2d at 892; see also § 723.004, Fla.Stat. (1993). The high cost of moving a mobile home into or out of a mobile home park places the resident mobile home owner in an unequal bargaining position with the mobile home park owner from whom he rents a lot.”

Vill. Park Mobile Home Ass'n Inc. v. State, Dept. of Bus., 506 So. 2d 426 (Fla. 1st DCA 1987). “The Act provides for: (1) the enforcement of rights or *431 duties under certain sections of the Act by civil action after the party has exhausted its administrative remedies, if any (Section 723.004(4)); (2) powers and duties of the Division including investigatory powers and…”

Amber Glades, Inc. v. Leisure Assocs. Ltd. P'ship, 893 So. 2d 620 (Fla. 2d DCA 2005). · cites it 2× “See § 723.004, Fla. Stat. (2003). When litigation results under chapter 723 between private parties, the prevailing party is typically entitled to receive an award of reasonable attorneys' fees.”

Lake Haven Mobile Home Owners, Inc. v. Orangeland Vistas, Inc., 408 F. Supp. 2d 1231 (M.D. Fla. 2006). · cites it 5× “See § 723.004. In short, the Act strikes a regulatory balance between safeguarding homeowners from abuse and protecting the park owners’ legitimate business interests.”

Kier v. Belcher, 28 Fla. Supp. 2d 86 (Fla. Cir. Ct. 1988). · cites it 2× “033, Florida Statutes, Section 723.004(4), Florida Statutes, and Chapter 86, Florida Statutes.”

— 723.004(1) — 1 case

Lake Haven Mobile Home Owners, Inc. v. Orangeland Vistas, Inc., 408 F. Supp. 2d 1231 (M.D. Fla. 2006). “See § 723.004. In short, the Act strikes a regulatory balance between safeguarding homeowners from abuse and protecting the park owners’ legitimate business interests.”

— 723.004(2) — 1 case

— 723.004(4) — 2 cases

Kier v. Belcher, 28 Fla. Supp. 2d 86 (Fla. Cir. Ct. 1988). “033, Florida Statutes, Section 723.004(4), Florida Statutes, and Chapter 86, Florida Statutes.”

— 723.004(5) — 1 case

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