Florida Statute 723.0381 | 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. 723.0381

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

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 Citing Statute 723.0381

Total Results: 3

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

Court: District Court of Appeal of Florida | Date Filed: 2006-05-10

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

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

Amber Glades, Inc. v. LEISURE ASSOCIATES LIMITED PARTNERSHIP

Court: District Court of Appeal of Florida | Date Filed: 2005-02-09

Citation: 893 So. 2d 620, 2005 Fla. App. LEXIS 1360

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

Sandpiper Homeowners Ass'n v. Lake Yale

Court: District Court of Appeal of Florida | Date Filed: 1996-02-09

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

Snippet: authority, service, and rates," while section 723.0381 provides that disputes arising under the Florida