Florida Statutes
Fla. Stat. § 723.058 (2025)
Restrictions on sale of mobile homes.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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723.058 Restrictions on sale of mobile homes.—
(1) No mobile home park owner or subdivision developer shall make or enforce any rule, regulation, or rental agreement provision which denies or abridges the right of any mobile home owner or owner of a lot in a mobile home subdivision to sell his or her mobile home within the park or mobile home subdivision; which prohibits the mobile home owner or the owner of a lot in a mobile home subdivision from placing a “for sale” sign on or in his or her mobile home (except that the size, placement, and character of all signs are subject to properly promulgated and reasonable rules and regulations of the mobile home park or mobile home subdivision); or which requires the mobile home owner or the owner of a lot in a mobile home subdivision to remove the mobile home from the park or mobile home subdivision solely on the basis of the sale thereof.
(2) The park owner or subdivision developer shall not exact a commission or fee with respect to the price realized by the seller unless the park owner or subdivision developer has acted as agent for the mobile home owner or the owner of a lot in a mobile home subdivision in the sale pursuant to a written contract.
(3) No mobile home owner, owner of a lot in a mobile home subdivision, or purchaser of an existing mobile home located within a park or mobile home subdivision, as a condition of tenancy, or to qualify for tenancy, or to obtain approval for tenancy in a mobile home park or mobile home subdivision, shall be required to enter into, extend, or renew a resale agreement.
(4) No resale agreement shall be construed to be of perpetual or indefinite duration. Any duration shall be construed to expire 6 months following written notice from the homeowner to the park owner or subdivision developer informing the park owner or subdivision developer that the homeowner is placing his or her mobile home for sale, and requesting the park owner or subdivision developer to utilize his or her best efforts to sell the mobile home on the homeowner’s behalf. Any extension or renewal of a resale agreement shall be in writing and shall be of specified duration.
(5) No mobile home park owner or subdivision developer shall impose a discriminatory increase in lot rental amount upon a mobile home owner, owner of a lot in a mobile home subdivision, or purchaser of an existing mobile home within the park or mobile home subdivision based upon the failure or refusal of such mobile home owner, owner of a lot in a mobile home subdivision, or purchaser to enter into, extend, or renew a resale agreement prohibited by subsection (3).
Notes of Decisions
Cited in 2
cases, 1993–2010 · leading case: T & W Developers, Inc. v. Salmonsen, 31 So. 3d 298 (Fla. 5th DCA 2010).
T & W Developers, Inc. v. Salmonsen, 31 So. 3d 298 (Fla. 5th DCA 2010). “Appellees contend the trial court properly awarded them attorney's fees on count II because T & W's complaint alleged that this count, in part, arose under chapter 723, the deed of restrictions was amended in derogation of section 723.058, and the prevailing party was entitled…”
Laguna Palms Props. Ltd. v. Long, 622 So. 2d 556 (Fla. 3d DCA 1993). “The action was not based on F.S. 723.058, these complaints having been abandoned by plaintiff.”
— 723.058(1) — 1 case
T & W Developers, Inc. v. Salmonsen, 31 So. 3d 298 (Fla. 5th DCA 2010). “Appellees contend the trial court properly awarded them attorney's fees on count II because T & W's complaint alleged that this count, in part, arose under chapter 723, the deed of restrictions was amended in derogation of section 723.058, and the prevailing party was entitled…”
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