Florida Statute 723.0381 - Full Text and Legal Analysis

The 2025 Florida Statutes

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) A civil action may not be initiated unless the dispute has been submitted to mediation pursuant to s. 723.037(5). 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; s. 3, ch. 2024-123.

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Amendments to 723.0381

Annotations, Discussions, Cases:

Cases Citing Statute 723.0381

Total Results: 4

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

bring a lawsuit once the mediation fails. See § 723.0381, Fla. Stat. (2003). However, without such authorization

Sandpiper Homeowners Ass'n v. Lake Yale

667 So. 2d 921, 1996 Fla. App. LEXIS 1007, 1996 WL 50082

District Court of Appeal of Florida | Filed: Feb 9, 1996 | Docket: 2560791

Cited 1 times | Published

its authority, service, and rates," while section 723.0381 provides that disputes arising under 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

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

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

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