Florida Statute 723.061 | 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. 723.061

723.061 Eviction; grounds, proceedings.—

(1) A mobile home park owner may evict a mobile home owner, a mobile home tenant, a mobile home occupant, or a mobile home only on one or more of the following grounds:

(a) Nonpayment of the lot rental amount. If a mobile home owner or tenant, whichever is responsible, fails to pay the lot rental amount when due and if the default continues for 5 days after delivery of a written demand by the mobile home park owner for payment of the lot rental amount, the park owner may terminate the tenancy. However, if the mobile home owner or tenant, whichever is responsible, pays the lot rental amount due, including any late charges, court costs, and attorney’s fees, the court may, for good cause, deny the order of eviction, if such nonpayment has not occurred more than twice.

(b) Conviction of a violation of a federal or state law or local ordinance, if the violation is detrimental to the health, safety, or welfare of other residents of the mobile home park. The mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice to vacate is delivered. This paragraph constitutes grounds to deny an initial tenancy of a purchaser of a home under paragraph (e) or to evict an unapproved occupant of a home.

1. For the first violation of any properly promulgated rule or regulation, rental agreement provision, or this chapter which is found by any court of competent jurisdiction to have been an act that endangered the life, health, safety, or property of the park residents or employees or the peaceful enjoyment of the mobile home park by its residents, the mobile home park owner may terminate the rental agreement, and the mobile home owner, tenant, or occupant must vacate the premises within 7 days after the notice to vacate is delivered.

2. For a second violation of the same properly promulgated rule or regulation, rental agreement provision, or this chapter within 12 months, the mobile home park owner may terminate the tenancy if she or he has given the mobile home owner, tenant, or occupant written notice, within 30 days after the first violation, which specified the actions of the mobile home owner, tenant, or occupant that caused the violation and gave the mobile home owner, tenant, or occupant 7 days to correct the noncompliance. The mobile home owner, tenant, or occupant must have received written notice of the ground upon which she or he is to be evicted at least 30 days prior to the date on which she or he is required to vacate. A second violation of a properly promulgated rule or regulation, rental agreement provision, or this chapter within 12 months of the first violation is unequivocally a ground for eviction, and it is not a defense to any eviction proceeding that a violation has been cured after the second violation. Violation of a rule or regulation, rental agreement provision, or this chapter more than 1 year after the first violation of the same rule or regulation, rental agreement provision, or this chapter does not constitute a ground for eviction under this section.

A properly promulgated rule or regulation may not be arbitrarily applied and used as a ground for eviction.

(d) Change in use of the land comprising the mobile home park, or the portion thereof from which mobile homes are to be evicted, from mobile home lot rentals to some other use, if:

1. The park owner gives written notice to the homeowners’ association formed and operating under ss. 723.075-723.079 of its right to purchase the mobile home park, if the land comprising the mobile home park is changing use from mobile home lot rentals to a different use, at the price and under the terms and conditions set forth in the written notice.

a. The notice shall be delivered to the officers of the homeowners’ association by United States mail. Within 45 days after the date of mailing of the notice, the homeowners’ association may execute and deliver a contract to the park owner to purchase the mobile home park at the price and under the terms and conditions set forth in the notice. If the contract between the park owner and the homeowners’ association is not executed and delivered to the park owner within the 45-day period, the park owner is under no further obligation to the homeowners’ association except as provided in sub-subparagraph b.

b. If the park owner elects to offer or sell the mobile home park at a price lower than the price specified in her or his initial notice to the officers of the homeowners’ association, the homeowners’ association has an additional 10 days to meet the revised price, terms, and conditions of the park owner by executing and delivering a revised contract to the park owner.

c. The park owner is not obligated under this subparagraph or s. 723.071 to give any other notice to, or to further negotiate with, the homeowners’ association for the sale of the mobile home park to the homeowners’ association after 6 months after the date of the mailing of the initial notice under sub-subparagraph a.

2. The park owner gives the affected mobile home owners and tenants at least 6 months’ notice of the eviction due to the projected change in use and of their need to secure other accommodations. Within 20 days after giving an eviction notice to a mobile home owner, the park owner must provide the division with a copy of the notice. The division must provide the executive director of the Florida Mobile Home Relocation Corporation with a copy of the notice.

a. The notice of eviction due to a change in use of the land must include in a font no smaller than the body of the notice the following statement:

YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.

b. The park owner may not give a notice of increase in lot rental amount within 90 days before giving notice of a change in use.

(e) Failure of the purchaser, prospective tenant, or occupant of a mobile home situated in the mobile home park to be qualified as, and to obtain approval to become, a tenant or occupant of the home, if such approval is required by a properly promulgated rule. If a purchaser or prospective tenant of a mobile home situated in the mobile home park occupies the mobile home before such approval is granted, the mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice of the failure to be approved for tenancy is delivered.

(2) In the event of eviction for a change in use, homeowners must object to the change in use by petitioning for administrative or judicial remedies within 90 days after the date of the notice or they will be barred from taking any subsequent action to contest the change in use. This subsection does not prevent any homeowner from objecting to a zoning change at any time.

(3) A mobile home park owner applying for the removal of a mobile home owner, tenant, or occupant or a mobile home shall file, in the county court in the county where the mobile home lot is situated, a complaint describing the lot and stating the facts that authorize the removal of the mobile home owner, tenant, or occupant or the mobile home. The park owner is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.

(4) Except for the notice to the officers of the homeowners’ association under subparagraph (1)(d)1., any notice required by this section must be in writing, and must be posted on the premises and sent to the mobile home owner and tenant or occupant, as appropriate, by certified or registered mail, return receipt requested, addressed to the mobile home owner and tenant or occupant, as appropriate, at her or his last known address. Delivery of the mailed notice shall be deemed given 5 days after the date of postmark.

(5) A park owner who accepts payment of any portion of the lot rental amount with actual knowledge of noncompliance after notice and termination of the rental agreement due to a violation under paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e) does not waive the right to terminate the rental agreement or the right to bring a civil action for the noncompliance, but not for any subsequent or continuing noncompliance. Any rent so received must be accounted for at the final hearing.

History.—s. 1, ch. 84-80; s. 11, ch. 86-162; ss. 7, 8, ch. 87-117; ss. 2, 3, 4, ch. 87-150; s. 16, ch. 88-147; s. 3, ch. 91-66; s. 12, ch. 92-148; s. 925, ch. 97-102; s. 6, ch. 2001-227; s. 7, ch. 2003-263; s. 1, ch. 2007-47; s. 2, ch. 2011-105; s. 29, ch. 2020-27.

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Amendments to 723.061

Arrestable Offenses / Crimes under Fla. Stat. 723.061

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 723.061.

Annotations, Discussions, Cases:

Cases Citing Statute 723.061

Total Results: 18

GRACE OTTONE v. WILLIAMSON INVESTMENTS, LLC, D/B/A FLORIDA VILLAS MOBILE HOME PARK

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-17T00:00:00-08:00

Snippet: daughter, Sharon Cheeseman, pursuant to section 723.061(1)(c), Florida Statutes (2022). After a bench trial…substantial evidence."). Under section 723.061(1)(c)1, a court may find grounds for eviction if…the mobile home park by its residents." § 723.061(1)(c)1. Here, the findings and conclusions that…x27;s judgment of eviction pursuant to section 723.061(1)(c)1. Ottone argues that the evidence failed …suggesting no basis for eviction under section 723.061(1)(b). She also argues that the Park failed to

NAPLES ESTATES LIMITED PARTNERSHIP v. PAMELA MUSTON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-10T00:53:00-07:00

Snippet: pursuant to the proceedings set forth in Section 723.061, Florida Statutes; and shall be deemed to … the Home Owners a letter pursuant to section 723.061(1)(a), Florida Statutes (2015), demanding that

Jones v. Publix Supermarkets, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-07T00:00:00-07:00

Citation: 68 So. 3d 422, 2011 Fla. App. LEXIS 14104, 2011 WL 3903179

Snippet: $278,348.61. The *423 verdict included awards of $56,723.61 for past medical expenses, $60,000 for future medical

Ago

Court: Fla. Att'y Gen. | Date Filed: 2010-06-07T00:53:00-07:00

Snippet: of use of the mobile home park land.5 Section 723.061(1)(d), Florida Statutes, allows a mobile home park…objecting to a zoning change at any time.6 Section 723.061(4), Florida Statutes, further requires: "A…land comprising the park as provided in section 723.061(1)(d), Florida Statutes, the mobile home park owner…Stat. 3 Section 723.004(3), Fla. Stat. 4 See s. 723.061(3), Fla. Stat., stating: "The provisions of…Hon. Leslie Waters, November 14, 2005. 6 See s. 723.061(2), Fla. Stat. Seealso s. 723.0612, Fla. Stat.,

DeFalco v. City of Hallandale Beach

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-02T00:00:00-07:00

Citation: 18 So. 3d 1126, 2009 Fla. App. LEXIS 12815, 2009 WL 2762679

Snippet: home park. We disagree. Section 723.061 provides in pertinent part: 723.061 Eviction; grounds, proceedings…home park owner gives notice under section 723.061. See § 723.061(3), Fla. Stat. (2007). This court has addressed…eviction notices were served pursuant to section 723.061(1)(d), Florida Statutes (2007). Appellants filed…capacity. The trial court also found that sections 723.061 and 723.083 are facially constitutional. Upon entering… the mobile home owners. By its terms, section 723.061(3) specifically provides that section 723.083 does

Gallo v. Celebration Pointe Townhomes, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-01T23:53:00-08:00

Citation: 972 So. 2d 992

Snippet: projected change. § 723.061(1)(d), Fla. Stat. (1986). It adopted section 723.061(2) which required homeowners…use of the park. § 723.061(1)(d), Fla. Stat. (2001). It eliminated section 723.061(2), regardihg the purchase…Closing to all park residents, pursuant to section 723.061(1)(d). This statute provides: (1) A mobile home…days before giving notice of a change in use. § 723.061(1)(d), Fla. Stat. (2005). The letter informed Gallo…applied to state action. It also pointed to section 723.061(3) which provides, "The provisions of s. 723.083

Zapo v. Gilreath

Court: Fla. Dist. Ct. App. | Date Filed: 2001-03-15T23:53:00-08:00

Citation: 779 So. 2d 651

Snippet: comprising the mobile home park entirely. See § 723.061, Fla. Stat. (1996). Eviction and land use changes

Aspen-Tarpon Springs Ltd. v. Stuart

Court: Fla. Dist. Ct. App. | Date Filed: 1994-01-17T23:53:00-08:00

Citation: 635 So. 2d 61

Snippet: that subsection 723.061(2) is unconstitutional, severed it from the rest of section 723.061, and enjoined…723.033, Florida Statutes (Supp. 1990), and section 723.061(2), Florida Statutes (1989). The trial court found…found section 723.033 constitutional and section 723.061(2) unconstitutional, and denied the mobile home…irrebuttable and conclusive presumption. Section 723.061(2) requires a mobile home park owner who wishes…their contracts." They asserted that section 723.061(2) does not create an unconstitutional taking of

Peterson v. Abraham

Court: Fla. Dist. Ct. App. | Date Filed: 1994-01-14T00:00:00-08:00

Citation: 629 So. 2d 1097, 1994 Fla. App. LEXIS 83, 1994 WL 7697

Snippet: the plaintiffs’ action for damages under section 723.061, Florida Statutes (1987). We reverse because disputed… the plaintiffs must move. Pursuant to section 723.061, the defendants elected to relocate the plaintiffs

Herrick v. FLORIDA DEPT. OF BUSINESS REG.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-02-18T23:53:00-08:00

Citation: 595 So. 2d 148

Snippet: owner on a ground other than one contained in s. 723.061. (10) The rules and regulations and the prospectus…the agreement or is evicted pursuant to section 723.061; (3) section 723.037 is a procedural notice provision

Harris v. Martin Regency, Ltd.

Court: Fla. | Date Filed: 1991-01-16T23:53:00-08:00

Citation: 576 So. 2d 1294

Snippet: required by section 723.061(1)(d) of the Florida Statutes (1985). Section 723.061(1)(d) provides: (1) … use" within the contemplation of section 723.061(1)(d), Florida Statutes (1985)? 550 So.2d at 1161…Home Park. Florida law, in particular, Section 723.061(1)(d), F.S., requires that a six (6) month notice…the notice satisfied the requirements of section 723.061(1)(d): If the land is no longer going to be used…notices of eviction failed to comply with section 723.061(1)(d), Florida Statutes (1985)." Harris, 550

Harris v. Martin Regency, Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-10-04T00:00:00-07:00

Citation: 550 So. 2d 1160, 14 Fla. L. Weekly 2352, 1989 Fla. App. LEXIS 5423, 1989 WL 113874

Snippet: the use of the land. Section 723.061 provides, in pertinent part: 723.061 Eviction; grounds, proceedings…mobile home park tenants authorized by section 723.061, Florida Statutes (1985); that the conversion of…change in use” within the contemplation of section 723.061(l)(d), and; that genuine issues of material fact…Home Park. Florida law, in particular, Section 723.061(l)(d), F.S., requires that a six (6) month notice…notices of eviction failed to comply with section 723.061(l)(d), Florida Statutes (1985). Id. at 735. We

Brown v. Powell

Court: Fla. Dist. Ct. App. | Date Filed: 1988-09-07T00:53:00-07:00

Citation: 531 So. 2d 731

Snippet: the eviction notices served pursuant to section 723.061, Florida Statutes (1985). We decline to address…notices of eviction were defective under section 723.061, Florida Statutes (1985), because the notices failed… son, Jeffrey M. Brown, as required by section 723.061(1)(d), Florida Statutes (1985); and that as a matter…importance, the following question: [W]hether Section 723.061(1)(d), Florida Statutes, (1985), requires the owners…notices of eviction were defective under section 723.061, Florida Statutes (1985). Furthermore, the trial

Ago

Court: Fla. Att'y Gen. | Date Filed: 1987-04-14T00:53:00-07:00

Snippet: grounds and proceedings pertaining to eviction (ss. 723.061, F.S. [1986 Supp.], 723.062,723.063, F.S.); sale

Special Disability Trust Fund v. Southland Corp.

Court: Fla. | Date Filed: 1975-11-14T00:00:00-08:00

Citation: 322 So. 2d 900, 1975 Fla. LEXIS 4391

Snippet: 1970. The amount of the lump sum settlement was $7,723.61. Southland then filed a claim against the Fund … the employer/carrier having paid the sum of $7,723.61 in compensation benefits, is entitled to be reimbursed…reimbursed by the Fund in the amount of $1,723.61, which represents the excess (as per F.S. 440.49(4) (

Southland Corp. v. Special Disability Fund

Court: Fla. | Date Filed: 1973-10-10T00:00:00-07:00

Citation: 284 So. 2d 381, 1973 Fla. LEXIS 4316

Snippet: ) F.S.A., for a full, lump sum settlement of $7,723.61. The petitioner then filed a claim against the … the employer/carrier having paid the sum of $7,723.61 in compensation benefits, they *383are entitled…the Special Disability Fund in the amount of $1,723.61, which represents the excess (as per Florida Statute… actual amount paid as a settlement — 60% of $7,723.61 or $4,634.16. The Fund cross-appealed contending

Bird v. Lake Mabel Development Corp.

Court: Fla. | Date Filed: 1933-10-28T00:00:00-08:00

Citation: 150 So. 797, 112 Fla. 494, 1933 Fla. LEXIS 2286

Snippet: In Perkins v. Trinity Realty Co., 69 N.J. Eq. 723, 61 Atl. Rep. 157, the Court said: " 'To

Sommers v. Apalachicola Northern Railroad

Court: Fla. | Date Filed: 1922-12-15T00:00:00-08:00

Citation: 85 Fla. 9

Snippet: In Perkins v. Trinity Realty Co., 69 N. J. Eq. 723, 61 Atl. Rep. 157, the court said: “To permit stockholders