The 2023 Florida Statutes (including Special Session C)

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.

F.S. 723.061 on Google Scholar

F.S. 723.061 on Casetext

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 from cite.case.law:

WELLS, v. WILLOW LAKE ESTATES, INC., 390 F. App'x 956 (11th Cir. 2010)

. . . The amended complaint also alleges that the same discriminatory behavior violated Florida Statute § 723.061 . . . Stat. § 723.061 does not give rise to an independent cause of action (Count 3), and that they had failed . . .

DeFALCO, E. T. v. CITY OF HALLANDALE BEACH,, 18 So. 3d 1126 (Fla. Dist. Ct. App. 2009)

. . . The eviction notices were served pursuant to section 723.061(l)(d), Florida Statutes (2007). . . . The trial court also found that sections 723.061 and 723.083 are facially constitutional. . . . Section 723.061 provides in pertinent part: 723.061 Eviction; grounds, proceedings.— (1) A mobile home . . . home park owner gives notice under section 723.061. . . . See § 723.061(3), Fla. Stat. (2007). This court has addressed these statutes in Gallo v. . . .

GALLO, v. CELEBRATION POINTE TOWNHOMES, INC. d b a, 972 So. 2d 992 (Fla. Dist. Ct. App. 2008)

. . . (“Celebration”), sent a Notice of Park Closing to all park residents, pursuant to section 723.061(l)( . . . to any park where the provisions of this subsection apply.” § 723.061(3), Fla. . . . Prior to the amendment, subsection (3) was paragraph (2)(d).” § 723.061(l)(d), Fla. Stat. (2001). . . . See § 723.061(2)(d), Fla. Stat. (1986). . . . Gallo’s interpretation would render section 723.061(3) meaningless. . . .

R. ZAPO R. v. GILREATH, J. L. H., 779 So. 2d 651 (Fla. Dist. Ct. App. 2001)

. . . See § 723.061, Fla. Stat. (1996). . . .

ASPEN- TARPON SPRINGS LIMITED PARTNERSHIP, v. STUART,, 635 So. 2d 61 (Fla. Dist. Ct. App. 1994)

. . . provisions of “The Florida Mobile Home Act,” section 723.033, Florida Statutes (Supp. 1990), and section 723.061 . . . The trial court found section 723.033 constitutional and section 723.061(2) unconstitutional, and denied . . . Section 723.061(2) requires a mobile home park owner who wishes to change his land use either to pay . . . They asserted that section 723.061(2) does not create an unconstitutional taking of park owners’ land . . . The court found that section 723.061(2) constitutes both a physical taking and a regulatory taking of . . .

L. PETERSON, E. Q. d b a a v. ABRAHAM, 629 So. 2d 1097 (Fla. Dist. Ct. App. 1994)

. . . The defendants appeal a summary judgment entered in the plaintiffs’ action for damages under section 723.061 . . . Pursuant to section 723.061, the defendants elected to relocate the plaintiffs’ mobile home. . . .

HERRICK, d b a v. FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES,, 595 So. 2d 148 (Fla. Dist. Ct. App. 1992)

. . . agreement shall provide for the eviction of a mobile home owner on a ground other than one contained in s. 723.061 . . . owner assumes occupancy, until the homeowner terminates the agreement or is evicted pursuant to section 723.061 . . .

HARRIS, v. MARTIN REGENCY, LTD., 576 So. 2d 1294 (Fla. 1991)

. . . With minor changes, the latter provision is now codified as section 723.061(l)(d), Florida Statutes ( . . . decides to allow the land to become vacant, this constitutes a change of use as contemplated by section 723.061 . . . Section 723.061(l)(d) is only intended to guarantee the mobile home owner ample time to relocate in the . . . Significantly, section 723.061 now has been amended further in order to address the needs of the mobile . . . See § 723.061, Fla.Stat. (1989). . . . mobile home park to vacant land, or to no use, a "change in use” within the contemplation of section 723.061 . . . Section 723.061(l)(d) provides: (1) A mobile home park owner may evict a mobile home owner or a mobile . . . Florida law, in particular, Section 723.061(l)(d), F.S., requires that a six (6) month notice be given . . . The question that remains to be resolved is what is a valid “change in use” under section 723.061(l)( . . . See § 723.061, Fla.Stat. . . . I fully concur with Justice Grimes’ dissent. ' The majority, by its construction of section 723.061(l . . .

LAUDERDALE INVESTMENTS, LTD. v. ROGERS, 43 Fla. Supp. 2d 21 (Fla. Cir. Ct. 1990)

. . . costs into the Court Registry or be evicted, all of which is required by Florida Statutes, Section 723.061 . . . Appellants, within a date certain or be subject to eviction as provided in Florida Statute Section 723.061 . . .

UNIPROP MANUFACTURED HOUSING COMMUNITIES INCOME FUND, v. MALINOWSKI, 42 Fla. Supp. 2d 143 (Broward Cty. Ct. 1990)

. . . June 19, 1989, Defendants received a “NOTICE OF VIOLATION OF COMMUNITY COVENANTS” pursuant to Section 723.061 . . .

DELAND HOUSING AUTHORITY v. GOOSBY, 38 Fla. Supp. 2d 184 (Volusia Cty. Ct. 1989)

. . . That case construed the requirements of a three-day notice served pursuant to § 723.061, the Florida . . .

HARRIS, Sr. v. MARTIN REGENCY, LTD. a, 550 So. 2d 1160 (Fla. Dist. Ct. App. 1989)

. . . any of the exclusive statutory grounds for eviction of mobile home park tenants authorized by section 723.061 . . . home park to vacant land, or to no use, is not a “change in use” within the contemplation of section 723.061 . . . Florida law, in particular, Section 723.061(l)(d), F.S., requires that a six (6) month notice be given . . . Section 723.061 provides, in pertinent part: 723.061 Eviction; grounds, proceedings— (1) A mobile home . . . park to vacant land, or to no use, constitutes a “change in use” within the contemplation of section 723.061 . . .

In RIVERSIDE VILLAGE,, 102 B.R. 858 (Bankr. M.D. Fla. 1989)

. . . Stat. 723.061. . . .

M. BROWN, Jr. v. POWELL, M. BROWN, Jr. v. SIMMONS,, 531 So. 2d 731 (Fla. Dist. Ct. App. 1988)

. . . plaintiffs/appellants’ conduct constituted a waiver of the eviction notices served pursuant to section 723.061 . . . The trial court ruled, inter alia, that appellants’ notices of eviction were defective under section 723.061 . . . court certified, as a question of great public importance, the following question: [Wjhether Section 723.061 . . . hold that the trial court erred in ruling that the notices of eviction were defective under section 723.061 . . . At issue in this case is the interpretation of section 723.061(l)(d), Florida Statutes (1985), which . . .

TIERNEY v. COTO, 28 Fla. Supp. 2d 69 (Dade Cty. Ct. 1988)

. . . ., In this case, Plaintiff sought to evict Defendant based on Florida Statutes, Section 723.061(l)(c) . . . The Court, however, believes that the legislature, in enacting Section 723.061(l)(c)(l), intended that . . . Section 723.061(l)(b) permits eviction of a mobile home owner when the owner has been convicted of a . . . Section 723.061(l)(c)(2) permits eviction for a second rule violation within a year regardless of the . . . If he did repeat the behavior within a year, he could then be evicted pursuant to Section 723.061(l)( . . .

VILLAGE GREEN FEDERATION UNIT, INC. v. FLORIDA ATLANTIC ASSOCIATES,, 18 Fla. Supp. 2d 94 (Fla. Cir. Ct. 1986)

. . . Stat., the Court notes that under Section 723.061, Fla. . . . mobile home park owners the unfettered right to accomplish eviction in this manner, surely Section 723.061 . . . conversion has taken place, the park owner can evict at will because the protective provisions in Section 723.061 . . .

REXMERE LAKE VILLAGE MANAGEMENT, INC. v. SIGNOR, 20 Fla. Supp. 2d 67 (Broward Cty. Ct. 1986)

. . . (l)(a) and 723.061(3), Florida Statutes. . . . Section 723.061(l)(a), Florida Statutes provides that a mobile home park owner may terminate a tenancy . . . Section 723.061(3), Florida Statutes requires that the delivery of the written notice be by certified . . . Although section 723.061(3), Florida Statutes requires delivery of the three day notice under section . . . 723.061(l)(a) be by certified mail, neither section provides for additional time for the Defendants . . .

OGILVIE v. RUTLEDGE, 14 Fla. Supp. 2d 52 (Orange Cty. Ct. 1985)

. . . Does a park owner have a statutory obligation to give a notice to quit (pursuant to 723.061) to an individual . . . Stat. 723.061(c)(1) and (2) requires that prior to an eviction based on a breach of either the lease . . . Does a park owner have a statutory obligation to give a notice to quit (pursuant to 723.061) to an individual . . .