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Florida Statutes

Fla. Stat. § 723.059 (2025)

Purchaser of a mobile home within a mobile home park.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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723.059 Purchaser of a mobile home within a mobile home park.—
(1) The purchaser of a mobile home within a mobile home park may become a tenant of the park if such purchaser would otherwise qualify with the requirements of entry into the park under the park rules and regulations, subject to the approval of the park owner, but such approval may not be unreasonably withheld. The purchaser of the mobile home may cancel or rescind the contract for purchase of the mobile home if the purchaser’s tenancy has not been approved by the park owner 5 days before the closing of the purchase.
(2) Properly promulgated rules may provide for the screening of any prospective purchaser to determine whether or not such purchaser is qualified to become a tenant of the park.
(3) The purchaser of a mobile home who intends to become a resident of the mobile home park in accordance with this section has the right to assume the remainder of the term of any rental agreement then in effect between the mobile home park owner and the seller and may assume the seller’s prospectus. However, nothing herein shall prohibit a mobile home park owner from offering the purchaser of a mobile home any approved prospectus.
(4) However, nothing herein shall be construed to prohibit a mobile home park owner from increasing the rental amount to be paid by the purchaser upon the expiration of the assumed rental agreement in an amount deemed appropriate by the mobile home park owner, so long as such increase is disclosed to the purchaser prior to his or her occupancy and is imposed in a manner consistent with the purchaser’s prospectus and this act.
(5) Lifetime leases and the renewal provisions in automatically renewable leases, both those existing and those entered into after July 1, 1986, are not assumable unless otherwise provided in the mobile home lot rental agreement or unless the transferee is the home owner’s spouse. The right to an assumption of the lease by a spouse may be exercised only one time during the term of that lease.
History.—s. 1, ch. 84-80; s. 10, ch. 86-162; s. 924, ch. 97-102; s. 7, ch. 2015-90; s. 3, ch. 2016-169; s. 28, ch. 2020-27.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1987–2021 · leading case: Tara Woods SPE, LLC v. Cashin, 116 So. 3d 492 (Fla. 2d DCA 2013).
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Tara Woods SPE, LLC v. Cashin, 116 So. 3d 492 (Fla. 2d DCA 2013). · cites it 19× “Cashin] of her rights under Fla. Stat. 723.059 and choice to enter into a lot rental agreement on the terms and conditions consistent with her Seller’s prospectus.”
Hobe Assoc. v. State, Dept. of Bus. Reg., 504 So. 2d 1301 (Fla. 1st DCA 1987). · cites it 2× “We find these assertions irrelevant in light of the fact that by attempting to alter the prospectus which would affect mobile homeowners already in occupancy, Hobe was contradicting § 723.059, Florida Statutes cited above without obtaining the consents of the homeowners pursuant…”
Miren Intern. Lodging Corp. v. Manley, 982 So. 2d 1203 (Fla. 5th DCA 2008). · cites it 2× “The lessees contend that the authorization of automatically renewable leases in section 723.059(5), Florida Statutes (2005), [3] reflects a legislative intent to treat mobile *1205 home park leases differently than other leases.”
Magnolia Vill. Homeowners Ass'n v. Magnolia Vill., Inc., 758 So. 2d 1201 (Fla. 5th DCA 2000). · cites it 6× “Our conclusion is supported by the following portions of section 723.059, Florida Statutes (1997): 723.”
Malco Indus., Inc. v. Featherock Homeowners Ass'n, 854 So. 2d 755 (Fla. 2d DCA 2003). · cites it 4× “” In relevant part, section 723.059(3), Florida Statutes (2000), provides: The purchaser of a mobile home who becomes a resident of the mobile home park in accordance with this section has the right to assume the remainder of the term of any rental agreement then in effect…”
Schalamar Creek Mobile Homeowners Ass'n, Inc. v. Steven Adler (11th Cir. 2021). “Fla. Stat. § 723.059 (“The purchaser of a mobile home who intends to become a resident of the mobile home park in accordance with this section has the right to assume the remainder of the term of any rental agreement then in effect between the mobile home park owner and the…”
— 723.059(3) — 4 cases
Tara Woods SPE, LLC v. Cashin, 116 So. 3d 492 (Fla. 2d DCA 2013). “Cashin] of her rights under Fla. Stat. 723.059 and choice to enter into a lot rental agreement on the terms and conditions consistent with her Seller’s prospectus.”
Hobe Assoc. v. State, Dept. of Bus. Reg., 504 So. 2d 1301 (Fla. 1st DCA 1987). “We find these assertions irrelevant in light of the fact that by attempting to alter the prospectus which would affect mobile homeowners already in occupancy, Hobe was contradicting § 723.059, Florida Statutes cited above without obtaining the consents of the homeowners pursuant…”
Malco Indus., Inc. v. Featherock Homeowners Ass'n, 854 So. 2d 755 (Fla. 2d DCA 2003). “” In relevant part, section 723.059(3), Florida Statutes (2000), provides: The purchaser of a mobile home who becomes a resident of the mobile home park in accordance with this section has the right to assume the remainder of the term of any rental agreement then in effect…”
Magnolia Vill. Homeowners Ass'n v. Magnolia Vill., Inc., 758 So. 2d 1201 (Fla. 5th DCA 2000). “Our conclusion is supported by the following portions of section 723.059, Florida Statutes (1997): 723.”
— 723.059(4) — 2 cases
Tara Woods SPE, LLC v. Cashin, 116 So. 3d 492 (Fla. 2d DCA 2013). “Cashin] of her rights under Fla. Stat. 723.059 and choice to enter into a lot rental agreement on the terms and conditions consistent with her Seller’s prospectus.”
Magnolia Vill. Homeowners Ass'n v. Magnolia Vill., Inc., 758 So. 2d 1201 (Fla. 5th DCA 2000). “Our conclusion is supported by the following portions of section 723.059, Florida Statutes (1997): 723.”
— 723.059(5) — 1 case
Miren Intern. Lodging Corp. v. Manley, 982 So. 2d 1203 (Fla. 5th DCA 2008). “The lessees contend that the authorization of automatically renewable leases in section 723.059(5), Florida Statutes (2005), [3] reflects a legislative intent to treat mobile *1205 home park leases differently than other leases.”
— 723.059(8) — 1 case
Tara Woods SPE, LLC v. Cashin, 116 So. 3d 492 (Fla. 2d DCA 2013). “Cashin] of her rights under Fla. Stat. 723.059 and choice to enter into a lot rental agreement on the terms and conditions consistent with her Seller’s prospectus.”
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