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Florida Statute 723.037 - Full Text and Legal Analysis
Florida Statute 723.037 | 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. 723.037
723.037 Lot rental increases; reduction in services or utilities; change in rules and regulations; mediation.
(1) A park owner shall give written notice to each affected mobile home owner and the board of directors of the homeowners’ association, if one has been formed, at least 90 days before any increase in lot rental amount or reduction in services or utilities provided by the park owner or change in rules and regulations. The park owner may give notice of all increases in lot rental amount for multiple anniversary dates in the same 90-day notice. The notice must identify all other affected homeowners, which may be by lot number, name, group, or phase. If the affected homeowners are not identified by name, the park owner shall make the names and addresses available upon request. However, this requirement does not authorize the release of the names, addresses, or other private information about the homeowners to the association or any other person for any other purpose. The home owner’s right to the 90-day notice may not be waived or precluded by a home owner, or the homeowners’ committee, in an agreement with the park owner. Rules adopted as a result of restrictions imposed by governmental entities and required to protect the public health, safety, and welfare may be enforced prior to the expiration of the 90-day period but are not otherwise exempt from the requirements of this chapter. Pass-through charges must be separately listed as to the amount of the charge, the name of the governmental entity mandating the capital improvement, and the nature or type of the pass-through charge being levied. Notices of increase in the lot rental amount due to a pass-through charge must state the additional payment and starting and ending dates of each pass-through charge. The homeowners’ association shall have no standing to challenge the increase in lot rental amount, reduction in services or utilities, or change of rules and regulations unless a majority of the affected homeowners agree, in writing, to such representation.
(2) Notice as required by this section shall, in addition to the information required in subsection (1), only be required to include the dollar amount of the relevant portions of the present lot rental amount that are being increased and the dollar amount of the proposed increases in lot rental amount if there is an increase in the lot rental amount, the reduction in services or utilities, or the change in rules and regulations and the effective date thereof.
(3) The park owner shall file annually with the division a copy of any notice of a lot rental amount increase. The notice shall be filed on or before January 1 of each year for any notice given during the preceding year. If the actual increase is an amount less than the proposed amount stated in the notice, the park owner shall notify the division of the actual amount of the increase within 30 days of the effective date of the increase or at the time of filing, whichever is later.
(4)(a) A committee, not to exceed five in number, designated by a majority of the affected mobile home owners or by the board of directors of the homeowners’ association, if applicable, and the park owner shall meet, at a mutually convenient time and place no later than 60 days before the effective date of the change to discuss the reasons for the increase in lot rental amount, reduction in services or utilities, or change in rules and regulations. The negotiating committee shall make a written request for a meeting with the park owner or subdivision developer to discuss those matters addressed in the 90-day notice, and may include in the request a listing of any other issue, with supporting documentation, that the committee intends to raise and discuss at the meeting. The committee shall address all lot rental amount increases that are specified in the notice of lot rental amount increase, regardless of the effective date of the increase.
(b)1. At the meeting, the park owner or subdivision developer shall in good faith disclose and explain all material factors resulting in the decision to increase the lot rental amount, reduce services or utilities, or change rules and regulations, including how those factors justify the specific change proposed. The park owner or subdivision developer may not limit the discussion of the reasons for the change to generalities only, such as, but not limited to, increases in operational costs, changes in economic conditions, or rents charged by comparable mobile home parks. For example, if the reason for an increase in lot rental amount is an increase in operational costs, the park owner must disclose the item or items which have increased, the amount of the increase, any similar item or items which have decreased, and the amount of the decrease. If an increase is based upon the lot rental amount charged by comparable mobile home parks, the park owner shall disclose, and provide in writing to the committee at or before the meeting, the name, address, lot rental amount, and any other relevant factors relied upon by the park owner, such as facilities, services, and amenities, concerning the comparable mobile home parks. The information concerning comparable mobile home parks to be exchanged by the parties is to encourage a dialogue concerning the reasons used by the park owner for the increase in lot rental amount and to encourage the home owners to evaluate and discuss the reasons for those changes with the park owner. The park owner shall prepare a written summary of the material factors and retain a copy for 3 years. The park owner shall provide the committee a copy of the summary at or before the meeting.
2. The park owner shall not limit the comparable mobile home park disclosure to those mobile home parks that are owned or operated by the same owner or operator as the subject park, except in certain circumstances, which include, but are not limited to:
a. That the market area for comparable mobile home parks includes mobile home parks owned or operated by the same entity that have similar facilities, services, and amenities;
b. That the subject mobile home park has unique attributes that are shared with similar mobile home parks;
c. That the mobile home park is located in a geographic or market area that contains few comparable mobile home parks; or
d. That there are similar considerations or factors that would be considered in such a market analysis by a competent professional and would be considered in determining the valuation of the market rent.
(c) If the committee disagrees with a park owner’s lot rental amount increase based upon comparable mobile home parks, the committee shall disclose to the park owner the name, address, lot rental amount, and any other relevant factors relied upon by the committee, such as facilities, services, and amenities, concerning the comparable mobile home parks. The committee shall provide to the park owner the disclosure, in writing, within 15 days after the meeting with the park owner, together with a request for a second meeting. The park owner shall meet with the committee at a mutually convenient time and place within 30 days after receipt by the park owner of the request from the committee to discuss the disclosure provided by the committee. At the second meeting, the park owner may take into account the information on comparable parks provided by the committee, may supplement the information provided to the committee at the first meeting, and may modify his or her position, but the park owner may not change the information provided to the committee at the first meeting.
(d) The committee and the park owner may mutually agree, in writing, to extend or continue any meetings required by this section.
(e) Either party may prepare and use additional information to support its position during or subsequent to the meetings required by this section.

This subsection is not intended to be enforced by civil or administrative action. Rather, the meetings and discussions are intended to be in the nature of settlement discussions prior to the parties proceeding to mediation of any dispute.

(5)(a) Within 30 days after the date of the last scheduled meeting described in subsection (4), the homeowners may petition the division to initiate mediation of the dispute pursuant to s. 723.038 if a majority of the affected homeowners have designated, in writing, that:
1. The rental increase is unreasonable;
2. The rental increase has made the lot rental amount unreasonable;
3. The decrease in services or utilities is not accompanied by a corresponding decrease in rent or is otherwise unreasonable; or
4. The change in the rules and regulations is unreasonable.
(b) A petition for mediation must be filed with the division in all cases for a determination of adequacy and conformance of the petition with the requirements in paragraph (a). Upon filing the petition with the division, the mobile home owners must provide to the park owner, by certified mail, return receipt requested, a copy of all of the following:
1. The home owners’ petition for mediation on a form adopted by the division by rule.
2. The written designation required by this subsection, which must include the lot identification for each signature.
3. The notice or notices of a lot rental increase, reduction in services or utilities, or change in rules and regulations which is being challenged as unreasonable.
4. The records that verify the selection of the homeowners’ committee in accordance with subsection (4).
(c) A park owner, within the same time period, may also petition the division to initiate mediation of the dispute pursuant to s. 723.038.
(d) When a dispute involves a rental increase for different home owners and there are different rates or different rental terms for those home owners, all such rent increases in a calendar year for one mobile home park may be considered in one mediation proceeding.
(e) At mediation, the park owner and the homeowners committee may supplement the information provided to each other at the meetings described in subsection (4) and may modify their position, but they may not change the information provided to each other at the first and second meetings.
(f) As an alternative to the appointment of a mediator by the division, the park owner and the mobile home owners may, by mutual agreement, select a mediator pursuant to s. 723.038(2) and (4).
(g) The division must dismiss a petition for mediation if the park owner and mobile home owners fail to comply with this subsection.
(h) Within 10 days after receipt of a petition from the mobile home owners, the park owner may file objections to the petition with the division. The division must dismiss any petition that is not timely filed, does not meet the requirements of this subsection, or is otherwise found deficient by the division. If a mediator has not been selected pursuant to paragraph (f), the division must assign a mediator within 10 days after receipt of the park owner’s objection to the petition.

The purpose of this subsection is to encourage discussion and evaluation by the parties of the comparable mobile home parks in the competitive market area. The requirements of this subsection are not intended to be enforced by civil or administrative action. Rather, the meetings and discussions are intended to be in the nature of settlement discussions before the parties proceed to litigation of any dispute.

(6) If a party requests mediation and the opposing party refuses to agree to mediate upon proper request, the party refusing to mediate shall not be entitled to attorney’s fees in any action relating to a dispute described in this section.
(7) The term “parties,” for purposes of mediation under this section and s. 723.038, means a park owner and a homeowners’ committee selected pursuant to this section.
History.s. 1, ch. 84-80; s. 8, ch. 86-162; s. 15, ch. 88-147; s. 10, ch. 90-198; s. 8, ch. 92-148; s. 2, ch. 97-291; s. 5, ch. 2001-227; s. 1, ch. 2002-27; s. 1, ch. 2005-79; s. 6, ch. 2015-90; s. 25, ch. 2020-27; s. 1, ch. 2024-123.

F.S. 723.037 on Google Scholar

F.S. 723.037 on CourtListener

Amendments to 723.037


Annotations, Discussions, Cases:

Cases Citing Statute 723.037

Total Results: 15

Belcher v. Kier

558 So. 2d 1039, 1990 WL 7521

District Court of Appeal of Florida | Filed: Feb 2, 1990 | Docket: 2448832

Cited 20 times | Published

include the term "unreasonable." For example, section 723.037 provides that if, after informal mediation

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

increase in those charges to the home owners. Section 723.037, Florida Statutes, which governs actual lot

T & W DEVELOPERS, INC. v. Salmonsen

31 So. 3d 298, 2010 Fla. App. LEXIS 4291, 2010 WL 1233481

District Court of Appeal of Florida | Filed: Apr 1, 2010 | Docket: 1933892

Cited 7 times | Published

as defined by the FCC, or (4) declare that section 723.037, Florida Statutes (2003), applied to the parties

Vidibor v. Adams

509 So. 2d 973, 12 Fla. L. Weekly 1619

District Court of Appeal of Florida | Filed: Jul 2, 1987 | Docket: 1361753

Cited 7 times | Published

is entitled to a reasonable attorney's fee. Section 723.037(6) provides that upon proper request, a party

Eastman v. Flor-Ohio, Ltd.

744 So. 2d 499, 1999 Fla. App. LEXIS 12414, 1999 WL 741164

District Court of Appeal of Florida | Filed: Sep 17, 1999 | Docket: 1381090

Cited 5 times | Published

failed to comply with the notice requirement of section 723.037(1). The court ruled that the "notice of increase

Herrick v. FLORIDA DEPT. OF BUSINESS REG.

595 So. 2d 148, 1992 WL 26457

District Court of Appeal of Florida | Filed: Feb 19, 1992 | Docket: 1299227

Cited 4 times | Published

the rental agreement. (Emphasis supplied.) Section 723.037, Florida Statutes, sets forth the prescribed

Hobe Assoc. v. State, Dept. of Business Regulation

504 So. 2d 1301

District Court of Appeal of Florida | Filed: Mar 2, 1987 | Docket: 453487

Cited 3 times | Published

rental increase effective January 1, 1986. (Section 723.037(1), Florida Statutes (1985) requires 90 days

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

homeowners to represent them in this proceeding. See § 723.037(1), Fla. Stat. (2003). It has alleged that it

Mihevic Corp. v. Horizon Village, Inc.

734 So. 2d 1090, 1999 WL 194145

District Court of Appeal of Florida | Filed: Apr 9, 1999 | Docket: 1731106

Cited 1 times | Published

Utility, Inc. On September 20, 1996, pursuant to section 723.037(1), Florida Statutes (1995),[1] of the Florida

Sun Valley Homeowners, Inc. v. American Land Lease, Inc.

927 So. 2d 259, 2006 Fla. App. LEXIS 7081, 2006 WL 1235912

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 64844236

Published

with the standing requirement set forth in section 723.037(1). The circuit court ruled that American Land

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

pursuant to a park owner's obligations under § 723.037 mailed notices about a January 2003 rent increase

Malco Industries, Inc. v. Featherock Homeowners Ass'n

854 So. 2d 755, 2003 Fla. App. LEXIS 13020, 2003 WL 22023570

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 64825158

Published

majority of the homeowners in accordance with section 723.037(4)(a), Florida Statutes (2000). The committee

MLH Property Managers, Inc. v. Cox

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

District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 64694374

Published

such charges as “pass through charges”, under section 723.037(1) such pass through charges are treated as

Menna v. Sun Country Homeowners Ass'n

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

District Court of Appeal of Florida | Filed: Sep 2, 1992 | Docket: 64669567

Published

directors of the association as required by section 723.037(1), Florida Statutes (Supp.1990). The parties

Colonial Acres Mobile Homeowners Ass'n v. Wallach

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

District Court of Appeal of Florida | Filed: Apr 18, 1989 | Docket: 64648745

Published

mediation of the dispute in accordance with section 723.037. The park owner’s claim, along with the homeowners’