The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 723
MOBILE HOME PARK LOT TENANCIES

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F.S. 723.0381

723.0381 Civil actions; arbitration.—

(1) After mediation of a dispute pursuant to s. 723.038 has failed to provide a resolution of the dispute, either party may file an action in the circuit court.

(2) The court may refer the action to nonbinding arbitration pursuant to s. 44.103 and the Florida Rules of Civil Procedure. The court shall order the hearing to be held informally with presentation of testimony kept to a minimum and matters presented to the arbitrators primarily through the statements and arguments of counsel. The court shall assess the parties equally to pay the compensation awarded to the arbitrators if neither party requests a trial de novo. If a party has filed for a trial de novo, the party shall be assessed the arbitration costs, court costs, and other reasonable costs of the opposing party, including attorney’s fees, investigation expenses, and expenses for expert or other testimony or evidence incurred after the arbitration hearing if the judgment upon the trial de novo is not more favorable than the arbitration decision. If subsequent to arbitration a party files for a trial de novo, the arbitration decision may be made known to the judge only after he or she has entered his or her order on the merits.

History.—s. 12, ch. 90-198; s. 10, ch. 92-148; s. 61, ch. 95-211; s. 919, ch. 97-102; s. 3, ch. 97-291.

F.S. 723.0381 on Google Scholar

F.S. 723.0381 on Casetext

Amendments to 723.0381

Arrestable Offenses / Crimes under Fla. Stat. 723.0381

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 723.0381.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SUN VALLEY HOMEOWNERS, INC. a v. AMERICAN LAND LEASE, INC. a L. P. a, 927 So. 2d 259 (Fla. Dist. Ct. App. 2006)

. . . Section 723.0381 authorizes the filing of actions in circuit court when mediation has failed. . . . mediation is addressed in section 723.037 while the initiation of litigation is addressed in section 723.0381 . . .

LAKE HAVEN MOBILE HOME OWNERS, INC. a v. ORANGELAND VISTAS, INC. d b a a, 408 F. Supp. 2d 1231 (M.D. Fla. 2006)

. . . . §§ 723.004(5), 723.0381, 723.056. a. statutory notice requirements Sensing an individual homeowner’ . . . See § 723.037(4), (5); § 723.038; § 723.0381. . . .

AMBER GLADES, INC. v. LEISURE ASSOCIATES LIMITED PARTNERSHIP P S, 893 So. 2d 620 (Fla. Dist. Ct. App. 2005)

. . . See § 723.0381, Fla. Stat. (2003). . . .

SANDPIPER HOMEOWNERS ASSOCIATION, INC. v. LAKE YALE CORP., 667 So. 2d 921 (Fla. Dist. Ct. App. 1996)

. . . exclusive jurisdiction over each utility with respect to its authority, service, and rates,” while section 723.0381 . . .