Florida Statute 723.012 | 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. 723.012

723.012 Prospectus or offering circular.—The prospectus or offering circular, which is required to be provided by s. 723.011, must contain the following information:

(1) The front cover or the first page must contain only:

(a) The name of the mobile home park.

(b) The following statements in conspicuous type:

1. THIS PROSPECTUS CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND YOUR FINANCIAL OBLIGATIONS IN LEASING A MOBILE HOME LOT. MAKE SURE THAT YOU READ THE ENTIRE DOCUMENT AND SEEK LEGAL ADVICE IF YOU HAVE ANY QUESTIONS REGARDING THE INFORMATION SET FORTH IN THIS DOCUMENT.

2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. A PROSPECTIVE LESSEE SHOULD REFER TO ALL REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS.

3. ORAL REPRESENTATIONS SHOULD NOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE PARK OWNER OR OPERATOR. REFER TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT REPRESENTATIONS.

4. UPON DELIVERY OF THE PROSPECTUS TO A PROSPECTIVE LESSEE, THE RENTAL AGREEMENT IS VOIDABLE BY THE LESSEE FOR A PERIOD OF 15 DAYS.

(2) The next page must contain all statements required to be in conspicuous type in the prospectus or offering circular in a summary form.

(3) A separate index of the contents and exhibits of the prospectus.

(4) Beginning on the first page of the text, the following information:

(a) The name and address or location of the mobile home park.

(b) The name and address of the person authorized to receive notices and demands on the park owner’s behalf.

1. The number of lots in each section, the approximate size of each lot, the setback requirements, and the minimum separation distance between mobile homes as required by law.

2. The maximum number of lots that will use shared facilities of the park; and, if the maximum number of lots will vary, a description of the basis for variation.

(5) A description of the recreational and other common facilities, if any, that will be used by the mobile home owners, including, but not limited to:

(a) The number of buildings and each room thereof and its intended purposes, location, approximate floor area, and capacity in numbers of people.

(b) Each swimming pool, as to its general location, approximate size and depths, and approximate deck size and capacity and whether heated.

(d) A general description of the items of personal property available for use by the mobile home owners.

(e) A general description of the days and hours that facilities will be available for use.

(f) A statement as to whether all improvements are complete and, if not, their estimated completion dates.

If a mobile home park owner intends to include additional property and mobile home lots and to increase the number of lots that will use the shared facilities of the park, the mobile home park owner must amend the prospectus to disclose such additions. If the number of mobile home lots in the park increases by more than 15 percent of the total number of lots in the original prospectus, the mobile home park owner must reasonably offset the impact of the additional lots by increasing the shared facilities. The amendment to the prospectus must include a reasonable timeframe for providing the required additional shared facilities. The costs and expenses necessary to increase the shared facilities may not be passed on or passed through to the existing mobile home owners.

(6) The arrangements for management of the park and maintenance and operation of the park property and of other property that will serve the mobile home owners and the nature of the services included.

(7) A description of all improvements, whether temporary or permanent, which are required to be installed by the mobile home owner as a condition of his or her occupancy in the park.

(8) The manner in which utility and other services, including, but not limited to, sewage and waste disposal, cable television, water supply, and storm drainage, will be provided, and the person or entity furnishing them. The services and the lot rental amount or user fees charged by the park owner for the services provided by the park owner shall also be disclosed.

(9) An explanation of the manner in which the lot rental amount will be raised, including, but not limited to:

(a) Notification of the mobile home owner at least 90 days in advance of the increase.

(b) Disclosure of any factors which may affect the lot rental amount, including, but not limited to:

1. Water rates.

2. Sewer rates.

3. Waste disposal rates.

4. Maintenance costs, including costs of deferred maintenance.

5. Management costs.

6. Property taxes.

7. Major repairs or improvements.

8. Any other fees, costs, entrance fees, or charges to which the mobile home owner may be subjected.

(10) Disclosure of all user fees currently charged for services offered which the homeowner may elect to incur and the manner in which the fees will be increased.

(11) The park rules and regulations and an explanation of the manner in which park rules or regulations will be set, changed, or promulgated.

(12) A statement describing the existing zoning classification of the park property and permitted uses under such classification.

(13) A statement of the nature and type of zoning under which the mobile home park operates, the name of the zoning authority which has jurisdiction over the land comprising the mobile home park, and, if applicable, a detailed description of any definite future plans which the park owner has for changes in the use of the land comprising the mobile home park.

(14) Copies of the following, to the extent they are applicable, as exhibits:

(a) The ground lease or other underlying leases of the mobile home park or a summary of the contents of the lease or leases when copies of the same have been filed with the division.

(b) A copy of the mobile home park lot layout showing the location of the recreational areas and other common areas.

(c) All covenants and restrictions and zoning which will affect the use of the property and which are not contained in the foregoing.

(d) A copy of the rental agreement or agreements to be offered for rental of mobile home lots.

History.—s. 1, ch. 84-80; s. 5, ch. 86-162; s. 12, ch. 88-147; s. 914, ch. 97-102; s. 4, ch. 2001-227; s. 22, ch. 2020-27.

F.S. 723.012 on Google Scholar

F.S. 723.012 on Casetext

Amendments to 723.012

Arrestable Offenses / Crimes under Fla. Stat. 723.012

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 723.012.

Annotations, Discussions, Cases:

Cases Citing Statute 723.012

Total Results: 20

Tara Woods SPE, LLC v. Cashin

Court: Fla. Dist. Ct. App. | Date Filed: 2013-05-24T00:00:00-07:00

Citation: 116 So. 3d 492, 2013 WL 2278011, 2013 Fla. App. LEXIS 8358

Snippet: capital letters and required under the Act. See § 723.012(l)(b). As relevant to this appeal, paragraphs one…the statutory disclosure requirements). Section 723.012, detailing the requirements of the prospectus, …the contract documents, and sales materials.” § 723.012(1)(b)(2) (emphases added). In addition, a “prospectus…amendments to prospectuses and their attachments); § 723.012(14) (requiring lease agreements to be attached … owner’s potential need for such advice. See § 723.012(1). 2. Waiver Tara Woods’ final argument on appeal

Mobile Home Owners v. Fl. Housing Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1996-11-12T23:53:00-08:00

Citation: 683 So. 2d 586

Snippet: description of the mobile home park property (Section 723.012(4)(c)), a description of the recreational and other…facilities to be used by the home owners (Section 723.012(5)), the arrangements for management of the park…maintenance and operation of the park property (Section 723.012(6)), a description of all improvements which are…be installed by the mobile home owner (Section 723.012(7)), a description of the manner in *589 which …services will be provided to the home owners (Section 723.012(8)), an explanation of the manner in which rents

Schaeffer v. Schaeffer

Court: Fla. Dist. Ct. App. | Date Filed: 1992-05-26T00:00:00-07:00

Citation: 606 So. 2d 369, 1992 Fla. App. LEXIS 5449, 1992 WL 109123

Snippet: 1932); Seaboard Rendering Co. v. Conlon, 152 Fla. 723, 12 So.2d 882 (1943); Jackson Grain Co. v. Lee, 150

Sun Coast Intern. Inc. v. Dept. of Bus. Reg.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-03-10T23:53:00-08:00

Citation: 596 So. 2d 1118

Snippet: termination of the tenancy by the park owner. Section 723.012, Fla. Stat. (1985). See Herrick v. Department of

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: must contain information as specified by section 723.012, Florida Statutes, including a description of the…improvements. (Emphasis supplied.) ..... Section 723.012, Florida Statutes, sets forth the information required…(s) on a pro rata basis," and of sections 723.012(8) and 723.031(5)(c) and (6), Florida Statutes.…1985 statutory provisions. For example, section 723.012(8), Florida Statutes (1985), requires the park

Hale v. Miracle Enterprises Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-12-28T23:53:00-08:00

Citation: 517 So. 2d 102

Snippet: 1932); Seaboard Rendering Co. v. Conlon, 152 Fla. 723, 12 So.2d 882 (1943); Jackson Grain Co. v. Lee, 150

Simmons v. Department of Natural Resources

Court: Fla. Dist. Ct. App. | Date Filed: 1987-09-29T00:00:00-07:00

Citation: 513 So. 2d 723, 12 Fla. L. Weekly 2330, 1987 Fla. App. LEXIS 12208

Snippet: Shivers, Thompson 29 September 1987 513 So. 2d 723, 12 Fla. L. Weekly 2330, 1987 Fla. App. LEXIS 12208

May v. Broward Correctional Institution

Court: Fla. Dist. Ct. App. | Date Filed: 1987-09-23T00:00:00-07:00

Citation: 513 So. 2d 723, 12 Fla. L. Weekly 2291, 1987 Fla. App. LEXIS 10430

Snippet: Booth, Wigginton 23 September 1987 513 So. 2d 723, 12 Fla. L. Weekly 2291, 1987 Fla. App. LEXIS 10430

Florida Bar v. Williams

Court: Fla. | Date Filed: 1987-07-02T00:00:00-07:00

Citation: 508 So. 2d 723, 12 Fla. L. Weekly 330, 1987 Fla. LEXIS 2029

Snippet: McDonald, Overton, Shaw 2 July 1987 508 So. 2d 723, 12 Fla. L. Weekly 330, 1987 Fla. LEXIS 2029 John

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

Court: Fla. Dist. Ct. App. | Date Filed: 1987-05-08T00:00:00-07:00

Citation: 506 So. 2d 426

Snippet: a disclosure document. As required by Section 723.012, the prospectus, as drafted by the park owner, …description of the mobile home park property (Section 723.012(4)(c)), a description of the recreational and other…facilities to be used by the home owners (Section 723.012(5)), the arrangements for management of the park…maintenance and operation of the park property (Section 723.012(6)), a description of all improvements which are…be installed by the mobile home owner (Section 723.012(7)), a description of the manner in which utility

DeRitis v. AHZ CORP.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-02-01T00:00:00-08:00

Citation: 444 So. 2d 93

Snippet: Seaboard Rendering Co. v. Conlon, 1942, 152 Fla. 723, 12 So.2d 882. An injunctive order should be adequately

Acmar Engineering Corp. v. Farrington

Court: Fla. Dist. Ct. App. | Date Filed: 1982-12-29T00:00:00-08:00

Citation: 423 So. 2d 1033, 1982 Fla. App. LEXIS 22214

Snippet: in Seaboard Rendering Co. v. Conlon, 152 Fla. 723, 12 So.2d 882, 883 (Fla.1943) in the following language

Florida Processing Co. v. State ex rel. Gerstein

Court: Fla. Dist. Ct. App. | Date Filed: 1973-05-22T00:00:00-07:00

Citation: 277 So. 2d 547, 1973 Fla. App. LEXIS 6740

Snippet: See Seaboard Rendering Co. v. Conlon, 152 Fla. 723, 12 So.2d 882 (1943). The appellee, Metropolitan Dade

Shatterproof Glass Corporation v. Buckmaster

Court: Fla. Dist. Ct. App. | Date Filed: 1972-01-04T23:53:00-08:00

Citation: 256 So. 2d 531

Snippet: Seaboard Rendering Co. v. Conlon, 1943, 152 Fla. 723, 12 So.2d 882; City of Hialeah v. Woods, Fla.App. 1960

International Longshoremen's Ass'n, Local 1416 v. Ariadne Shipping Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1968-10-29T00:00:00-08:00

Citation: 215 So. 2d 51, 69 L.R.R.M. (BNA) 2561, 1968 Fla. App. LEXIS 4784

Snippet: Seaboard Rendering Co. v. Conlon, 1942, 152 Fla. 723, 12 So.2d 882. An injunctive order should be adequately

Florida Peach Orchards, Inc. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1966-10-04T00:00:00-07:00

Citation: 190 So. 2d 796

Snippet: Seaboard Rendering Co. v. Conlon, 1942, 152 Fla. 723, 12 So.2d 882. An injunctive order should be adequately

A. & P. Food Stores, Inc. v. Kornstein

Court: Fla. Dist. Ct. App. | Date Filed: 1960-07-29T00:53:00-07:00

Citation: 121 So. 2d 701

Snippet: Seaboard Rendering Co. v. Conlon, 1942, 152 Fla. 723, 12 So.2d 882. An injunctive order should be adequately

City of Hialeah v. Woods

Court: Fla. Dist. Ct. App. | Date Filed: 1960-06-02T00:00:00-07:00

Citation: 121 So. 2d 41

Snippet: so. Seaboard Rendering Co. v. Conlon, 152 Fla. 723, 12 So.2d 882; Jackson Grain Co. v. Lee, 150 Fla. 232

Florio v. State Ex Rel. Epperson

Court: Fla. Dist. Ct. App. | Date Filed: 1960-04-06T00:00:00-08:00

Citation: 119 So. 2d 305

Snippet: Seaboard Rendering Co. v. Conlon, 1942, 152 Fla. 723, 12 So.2d 882. An injunctive order should be adequately

Hotel & Restaurant Employees & Bartenders Union Local No. 339 v. Creighton's Restaurant Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1959-10-07T00:00:00-08:00

Citation: 115 So. 2d 30, 45 L.R.R.M. (BNA) 2225

Snippet: adversary. Seaboard Rendering Co. v. Conlon, 152 Fla. 723, 12 So.2d 882. * * In clause 1(a) of the temporary