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Florida Statute 723.038 - Full Text and Legal Analysis
Florida Statute 723.038 | 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. 723.038
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.

F.S. 723.038 on Google Scholar

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Amendments to 723.038


Annotations, Discussions, Cases:

Cases Citing Statute 723.038

Total Results: 6

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

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

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

dispute be submitted to mediation pursuant to Section 723.038 if a majority of the home owners have stated

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

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

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

their representatives. See § 723.037(4), (5); § 723.038; § 723.0381. Notice to the board, consequently

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

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

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

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