Florida Statutes

Fla. Stat. § 723.0381 (2025)

Civil actions; arbitration.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 4 cases, 1996–2006 · leading case: Amber Glades, Inc. v. Leisure Assocs. Ltd. P'ship, 893 So. 2d 620 (Fla. 2d DCA 2005).

Sort: Relevance Newest Treatment

Amber Glades, Inc. v. Leisure Assocs. Ltd. P'ship, 893 So. 2d 620 (Fla. 2d DCA 2005). · cites it 2× “See § 723.0381, Fla. Stat. (2003). However, without such authorization, if a significant percentage of the mobile homeowners are not members of the association, there is risk that the association could file a lawsuit that is not actually supported by a majority of the mobile…”

Sun Valley Homeowners, Inc. v. Am. Land Lease, Inc., 927 So. 2d 259 (Fla. 2d DCA 2006). · cites it 2× “Section 723.0381 authorizes the filing of actions in circuit court when mediation has failed.”

Sandpiper Homeowners Ass'n v. Lake Yale, 667 So. 2d 921 (Fla. 5th DCA 1996). “011(2), Florida Statutes (1993) grants the PSC "exclusive jurisdiction over each utility with respect to its authority, service, and rates," while section 723.0381 provides that disputes arising under the Florida Mobile Home Act may be filed in circuit court.”

Lake Haven Mobile Home Owners, Inc. v. Orangeland Vistas, Inc., 408 F. Supp. 2d 1231 (M.D. Fla. 2006). “038; § 723.0381. Notice to the board, consequently, is seminal for collective action, and unlike in the cited cases, the Defendants notified the Lake Haven’s Board.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.