Florida Statute 723.037 | 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. 723.037

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.

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F.S. 723.037 on Casetext

Amendments to 723.037

Arrestable Offenses / Crimes under Fla. Stat. 723.037

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 723.037.

Annotations, Discussions, Cases:

Cases Citing Statute 723.037

Total Results: 16

T & W DEVELOPERS, INC. v. Salmonsen

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-01T00:00:00-07:00

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

Snippet: using the procedure in section 723.037. By its express terms, section 723.037 neither authorizes, nor prohibits…defined by the FCC, or (4) declare that section 723.037, Florida Statutes (2003), applied to the parties… count III, the trial court ruled that section 723.037 applied to Hollywood Estates.[1] The trial court…723.068 states, "[e]xcept as provided in s.723.037, in any proceeding between private parties to enforce…was a declaration that the procedure in section 723.037 applied to the parties and allowed it to reduce

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

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-10T00:00:00-07:00

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

Snippet: The Standing Requirement of Section 723.037(1) Section 723.037 deals with the resolution of disputes… the standing requirement set forth in section 723.037(1). The circuit court ruled that American Land …Valley Homeowners’ failure to comply with section 723.037(1), we will not address the challenge based on …discussing the requirement set forth in section 723.037(1) and its application to this case, we will address…Sun Valley Homeowners’ compliance with section 723.037(1) by failing to raise the issue in its answer

Amber Glades, Inc. v. LEISURE ASSOCIATES LIMITED PARTNERSHIP

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-08T23:53:00-08:00

Citation: 893 So. 2d 620

Snippet: homeowners to represent them in this proceeding. See § 723.037(1), Fla. Stat. (2003). It has alleged that it has…mediation agreement was not covered by section 723.037(1); we did not hold that the statute was unconstitutional…unconstitutional or otherwise ineffective. Section 723.037(1) requires written authorizations to commence

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

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-29T00:00:00-07:00

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

Snippet: majority of the homeowners in accordance with section 723.037(4)(a), Florida Statutes (2000). The committee and…the statutory prerequisite, set forth in section 723.037(1), Florida Statutes (2001), to obtain consent …the Owner’s standing argument founded on section 723.037 has no merit. However, we reverse the trial court…the Association pursuant to rule 1.222. Section 723.037, Florida Statutes (2001), addresses challenges …into the mediation agreement. Therefore, section 723.037(1) does not control our resolution of the standing

Eastman v. Flor-Ohio, Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-09-17T00:53:00-07:00

Citation: 744 So. 2d 499

Snippet: comply with the notice requirement of section 723.037(1). The court ruled that the "notice of increase…compliance with the requirements set forth in section 723.037(1), Florida Statutes, and that the law firm'…that the notice requirements contained in section 723.037(1), Florida Statutes, were to be strictly construed…whether the trial court properly construed section 723.037(1), and whether the statute requires strict compliance…COBB and THOMPSON, JJ., concur. NOTES [1] See § 723.037(1), Fla. Stat. (1989) (providing that park owners

Mihevic Corp. v. Horizon Village, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-04-09T00:53:00-07:00

Citation: 734 So. 2d 1090

Snippet: Inc. On September 20, 1996, pursuant to section 723.037(1), Florida Statutes (1995),[1] of the Florida …with the ninety-day notice requirement of section 723.037(1). The Association and the Owner met to discuss…entered into mediation, as provided for in section 723.037. Thus, the purpose of the notice was also fully… Hobe and the fact that the purpose of section 723.037 was accomplished, we reverse the trial court'….J., and GREEN, J., Concur. NOTES [1] Section 723.037(1), Florida Statutes (1995), provides in pertinent

Homeowner's Corp. v. Saba

Court: Fla. Dist. Ct. App. | Date Filed: 1993-10-29T00:00:00-07:00

Citation: 626 So. 2d 274, 1993 Fla. App. LEXIS 10982, 1993 WL 435898

Snippet: objected. After mediation pursuant to sections 723.037 and .038 reached an impasse, the Association filed

MLH Property Managers, Inc. v. Cox

Court: Fla. Dist. Ct. App. | Date Filed: 1993-02-17T00:00:00-08:00

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

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

Menna v. Sun Country Homeowners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1992-09-02T00:00:00-07:00

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

Snippet: directors of the association as required by section 723.037(1), Florida Statutes (Supp.1990). The parties filed…directors of the association as required by section 723.037(1) and, therefore, the notice sent to the individual… appeal. The owner contends that under section 723.037(1) she is required to send the board of directors… and find that the specific wording of section 723.037(1) requires an owner to send a separate notice …Fish Comm’n, 354 So.2d 362 (Fla.1977). Section 723.037(1) provides in pertinent part: A park owner shall

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: heard. See § 723.037, Florida Statutes (1987).[4] Third, we conclude that section 723.037 does not permit…rental agreement shall be in accordance with s. 723.037 or s. 723.059(4), whichever is applicable, provided…rental agreement. (Emphasis supplied.) Section 723.037, Florida Statutes, sets forth the prescribed procedure…prior to delivery of the prospectus; (3) section 723.037, Florida Statutes, permits the park owner to amend…evicted pursuant to section 723.061; (3) section 723.037 is a procedural notice provision which must be

Belcher v. Kier

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-02T00:00:00-08:00

Citation: 558 So. 2d 1039

Snippet: throughout the Act. See, e.g., §§ 723.031(7) and 723.037(4)(a). The appellees would have us completely abrogate…"unreasonable." For example, section 723.037 provides that if, after informal mediation about

Colonial Acres Mobile Homeowners Ass'n v. Wallach

Court: Fla. Dist. Ct. App. | Date Filed: 1989-04-18T00:00:00-07:00

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

Snippet: mediation of the dispute in accordance with section 723.037. The park owner’s claim, along with the homeowners…there is a right to mediation or arbitration. § 723.037(3)-(4), Fla.Stat. (1985). Unless the parties agree…rental increases, formerly chapter 720.202, now 723.037, became law October 1, 1984. Section 83.750 et

Vidibor v. Adams

Court: Fla. Dist. Ct. App. | Date Filed: 1987-07-02T00:53:00-07:00

Citation: 509 So. 2d 973

Snippet: prevailing party": Except as provided in s. 723.037, in any proceeding between private parties to enforce…entitled to a reasonable attorney's fee. Section 723.037(6) provides that upon proper request, a party shall

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: increase in those charges to the home owners. Section 723.037, Florida Statutes, which governs actual lot rental… proposed rate increase). According to Section 723.037(2), once the written notice is given by the park…Florida Administrative Code. According to Section 723.037(5), no dispute regarding lot rental increases, …utilities, or changes in rules or regulations (Section 723.037); and (7) dispute settlements (Section 723.038)…reduction of services remain subject to Section 723.037, Florida Statutes. No action by the Division in

Ago

Court: Fla. Att'y Gen. | Date Filed: 1987-04-14T00:53:00-07:00

Snippet: mediation or arbitration of disputes. See, ss.723.037, F.S. (1986 Supp.); 723.038, F.S. In sum, it is

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

Court: Fla. Dist. Ct. App. | Date Filed: 1987-03-01T23:53:00-08:00

Citation: 504 So. 2d 1301

Snippet: rental increase effective January 1, 1986. (Section 723.037(1), Florida Statutes (1985) requires 90 days notice…of Rent Increase was sufficient according to § 723.037, Florida Statutes (1985), has been rendered moot…issue when it modified subsection 2 of section 723.037, Florida Statutes (1985) Lot Rental Increases.[…Laws of Florida effective July 1, 1986. Section 723.037 Lot Rental Increases: (2) Notice as required by…14. The provisions of subsection (2) of section 723.037, Florida Statutes, as created by this act, are