Florida Statute 723.038 | 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. 723.038

723.038 Dispute settlement; mediation.—

(1) Either party may petition the division to appoint a mediator and initiate mediation proceedings, or the parties may agree to immediately select a mediator and initiate mediation proceedings pursuant to the criteria outlined in subsections (2) and (4).

(2) The division, upon receipt of a petition, shall appoint a qualified mediator to conduct mediation proceedings and notify the parties within 20 days after such appointment, unless the parties timely notify the division in writing that they have selected a mediator. A person appointed by the division or selected by the parties must be a qualified mediator from a list of circuit court mediators in each judicial circuit who has met training and educational requirements established by the Supreme Court. If such mediators are not available, the division or the parties may select a mediator from the list maintained by the Florida Growth Management Conflict Resolution Consortium. The division shall adopt rules of procedure to govern such proceedings in accordance with the rules of practice and procedure adopted by the Supreme Court. The division shall also establish, by rule, the fee to be charged by a mediator which shall not exceed the fee authorized by the circuit court.

(3) A mediator appointed by the division or selected by the parties shall comply with the rules adopted by the division. The mediator shall also notify the division in writing within 10 days after the conclusion of the mediation, that the mediation has been concluded.

(4) After the date of the last scheduled meeting held pursuant to s. 723.037(4), the parties to a dispute may agree to immediately select a mediator and initiate mediation proceedings pursuant to this section. The parties may accept the mediator appointed by the division or, within 30 days, select a mediator to mediate the dispute pursuant to subsection (2). The parties shall each pay a $250 filing fee to the mediator appointed by the division or selected by the parties within 30 days after the division notifies the parties of the appointment of the mediator. The $250 filing fee shall be used by the mediator to defray the hourly rate charged for mediation of the dispute. Any portion of the filing fee not used shall be refunded to the parties.

(5) The parties may agree to select their own mediator, and such mediation shall be governed by the rules of procedure established by the division. The parties, by agreement, may waive mediation, or the petitioning party may withdraw the petition prior to mediation. Upon the conclusion of the mediation, the mediator shall notify the division that the mediation has been concluded.

(6) No resolution arising from a mediation proceeding as provided for in s. 723.037 or this section shall be deemed final agency action. Any party, however, may initiate an action in the circuit court to enforce a resolution or agreement arising from a mediation proceeding which has been reduced to writing. The court shall consider such resolution or agreement to be a contract for the purpose of providing a remedy to the complaining party.

(7) Mediation pursuant to this section is an informal and nonadversarial process. Either party may submit to the opposing party at least 10 days prior to mediation a written request for information.

(8) Each party involved in the mediation proceeding has a privilege to refuse to disclose, and to prevent any person present at the proceeding from disclosing, communications made during such proceeding, whether or not the dispute was successfully resolved. This subsection shall not be construed to prevent or inhibit the discovery or admissibility of any information which is otherwise subject to discovery or admission under applicable law or rules of court. There is no privilege as to communications made in furtherance of the commission of a crime or fraud or as part of a plan to commit a crime or a fraud. Nothing in this subsection shall be construed so as to permit an individual to obtain immunity from prosecution for criminal conduct.

(9) A mediator appointed by the division or selected by the parties pursuant to this section has judicial immunity in the same manner and to the same extent as a judge.

History.—s. 1, ch. 84-80; s. 11, ch. 90-198; s. 9, ch. 92-148; s. 1, ch. 94-102; s. 2, ch. 2024-123.

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Amendments to 723.038

Arrestable Offenses / Crimes under Fla. Stat. 723.038

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 723.038.

Annotations, Discussions, Cases:

Cases Citing Statute 723.038

Total Results: 8

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 mediation process are set forth in section 723.038. Section 723.0381 authorizes the filing of actions

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: mediation proceeding conducted pursuant to section 723.038, Florida Statutes (2000). The homeowners were represented

Belcher v. Kier

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

Citation: 558 So. 2d 1039

Snippet: submitted to formal mediation pursuant to section 723.038. In section 723.031(7), dealing with the requirement

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: de novo in a court of competent jurisdiction. § 723.038(2), Fla.Stat. (1985). The word unconscionable does

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: be submitted to mediation pursuant to Section 723.038 if a majority of the home owners have stated, in… related to the dispute. *430 Finally, Section 723.038(2) provides that, unless otherwise agreed by the…723.037); and (7) dispute settlements (Section 723.038). Secondly, the prospectus approval by the Division… be submitted to mediation pursuant to Section 723.038 if a majority of the homeowners have stated, in

Ago

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

Snippet: disputes. See, ss.723.037, F.S. (1986 Supp.); 723.038, F.S. In sum, it is my opinion that the Town of

Thornton v. PAKTANK FLA., INC.

Court: Fla. Dist. Ct. App. | Date Filed: 1981-12-14T23:53:00-08:00

Citation: 409 So. 2d 31

Snippet: Cir.1973), cert. denied, 414 U.S. 1093, 94 S.Ct. 723, 38 L.Ed.2d 550 (1973). That question usually arises

Chamberlin v. Dade County Bd. of Public Instruction

Court: Fla. | Date Filed: 1962-06-06T00:53:00-07:00

Citation: 143 So. 2d 21

Snippet: [37] Id. at 15, 67 S.Ct. at 511, 91 L.Ed. at 723. [38] 80 U.S. (13 Wall.) 679, 730, 20 L.Ed. 666, 677