reglab/housing_qa huggingface dataset:
FL Stat § 723.002 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.002 - Application of Chapter.

723.002 Application of chapter.—(1) The provisions of this chapter apply to any residential tenancy in which a mobile home is placed upon a rented or leased lot in a mobile home park in which 10 or more lots are offered for rent or lease. This chapter shall not be construed to apply to any other tenancy, including a tenancy in which both a mobile home and a mobile home lot are rented or leased by the mobile home resident or a tenancy in which a rental space is offered for occupancy by recreational-vehicle-type units which are primarily designed as temporary living quarters for recreational camping or travel use and which either have their own motor power or are mounted on or drawn by another vehicle. When both the mobile home and lot are rented or when fewer than 10 lots are available for rent or lease, the tenancy shall be governed by the provisions of part II of chapter 83, the “Florida Residential Landlord and Tenant Act.” However, this chapter shall continue to apply to any tenancy in a park even though the number of lots offered in that park has been reduced to below 10 if that tenancy was subject to the provisions of this chapter prior to the reduction in lots. This subsection is intended to clarify existing law.(2) The provisions of ss. 723.035, 723.037, 723.038, 723.054, 723.055, 723.056, 723.058, and 723.068 are applicable to mobile home subdivision developers and the owners of lots in mobile home subdivisions.(3) Any other provision of this chapter or any other provision of the Florida Statutes to the contrary notwithstanding, the provisions of this chapter shall be applicable to a park trailer located on a mobile home lot in a mobile home park.History.—s. 1, ch. 84-80; ss. 1, 13, ch. 90-198; s. 3, ch. 92-148.
FL Stat § 723.004 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.004 - Legislative Intent; Preemption of Subject Matter.

723.004 Legislative intent; preemption of subject matter.—(1) The Legislature finds that there are factors unique to the relationship between a mobile home owner and a mobile home park owner. Once occupancy has commenced, unique factors can affect the bargaining position of the parties and can affect the operation of market forces. Because of those unique factors, there exist inherently real and substantial differences in the relationship which distinguish it from other landlord-tenant relationships. The Legislature recognizes that mobile home owners have basic property and other rights which must be protected. The Legislature further recognizes that the mobile home park owner has a legitimate business interest in the operation of the mobile home park as part of the housing market and has basic property and other rights which must be protected. This chapter is created for the purpose of regulating the factors unique to the relationship between mobile home owners and mobile home park owners in the circumstances described herein. It recognizes that when such inequalities exist between mobile home owners and mobile home park owners as a result of such unique factors, regulation to protect those parties to the extent that they are affected by the inequalities, while preserving and protecting the rights of both parties, is required.(2) There is hereby expressly preempted to the state all regulation and control of mobile home lot rents in mobile home parks and all those other matters and things relating to the landlord-tenant relationship treated by or falling within the purview of this chapter. Every unit of local government is prohibited from taking any action, including the enacting of any law, rule, regulation, or ordinance, with respect to the matters and things hereby preempted to the state.(3) It is expressly declared by the Legislature that the relationship between landlord and tenant as treated by or falling within the purview of this chapter is a matter reserved to the state and that units of local government are lacking in jurisdiction and authority in regard thereto. All local statutes and ordinances in conflict herewith are expressly repealed.(4) If any provision of this chapter is held invalid, it is the legislative intent that the preemption by this section shall no longer be applicable to the provision of the chapter held invalid.(5) Nothing in this chapter shall be construed to prevent the enforcement of a right or duty under this section, s. 723.022, s. 723.023, s. 723.031, s. 723.032, s. 723.033, s. 723.035, s. 723.037, s. 723.038, s. 723.061, s. 723.0615, s. 723.062, s. 723.063, or s. 723.081 by civil action after the party has exhausted its administrative remedies, if any.History.—s. 1, ch. 84-80; s. 2, ch. 86-162; s. 4, ch. 92-148.
FL Stat § 723.005 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.005 - Regulation by Division.

723.005 Regulation by division.—The division has the power and duty to enforce and ensure compliance with the provisions of this chapter and rules promulgated pursuant hereto relating to the rental, development, and sale of mobile home parks. However, the division does not have the power or duty to enforce mobile home park rules and regulations or to enforce the provisions of ss. 723.022, 723.023, and 723.033.History.—s. 1, ch. 84-80; s. 3, ch. 90-198.
FL Stat § 723.007 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.007 - Annual Fees; Surcharge.

723.007 Annual fees; surcharge.—(1) Each mobile home park owner shall pay to the division, on or before October 1 of each year, an annual fee of $4 for each mobile home lot within a mobile home park which he or she owns. If the fee is not paid by December 31, the mobile home park owner shall be assessed a penalty of 10 percent of the amount due, and he or she shall not have standing to maintain or defend any action in the courts of this state until the amount due, plus any penalty, is paid.(2) There is levied on each annual fee imposed under subsection (1) a surcharge in the amount of $1. The surcharge shall be collected in the same manner as the annual fee and shall be deposited in the Florida Mobile Home Relocation Trust Fund. Collection of the surcharge shall begin during the first calendar year after this subsection takes effect. This surcharge may not be imposed during the next calendar year if the balance in the trust fund exceeds $10 million on June 30. The surcharge shall be reinstated in the next calendar year if the balance in the trust fund is below $6 million on June 30. The surcharge imposed by this subsection may not be imposed as a separate charge regardless of any disclosure in the prospectus.History.—s. 1, ch. 84-80; s. 4, ch. 85-155; s. 31, ch. 93-150; s. 913, ch. 97-102; s. 5, ch. 2003-263.
FL Stat § 723.008 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.008 - Applicability of Chapter 212 to Fees, Penalties, and Fines Under This Chapter.

723.008 Applicability of chapter 212 to fees, penalties, and fines under this chapter.—The same duties and privileges imposed by chapter 212 upon dealers in tangible property respecting the collection and remission of tax; the making of returns; the keeping of books, records, and accounts; and the compliance with the rules of the enforcing agency in the administration of that chapter apply to and are binding upon all persons who are subject to the fee, penalty, and fine provisions of this chapter. However, the provisions of s. 212.12(1) do not apply to this chapter.History.—s. 1, ch. 84-80; s. 6, ch. 2012-145.
FL Stat § 723.009 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.009 - Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.

723.009 Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.—All proceeds from the fees, penalties, and fines imposed pursuant to this chapter shall be deposited into the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund created by s. 718.509. Moneys in this fund, as appropriated by the Legislature pursuant to chapter 216, may be used to defray the expenses incurred by the division in administering the provisions of this chapter.History.—s. 1, ch. 84-80; s. 26, ch. 87-102; s. 74, ch. 2008-240.
FL Stat § 723.013 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.013 - Written Notification in the Absence of a Prospectus.

723.013 Written notification in the absence of a prospectus.—A mobile home park owner who enters into a rental agreement in which a prospectus is not provided shall give written notification to the mobile home owner of the following information prior to occupancy:(1) The nature and type of zoning under which the mobile home park operates; the name of the zoning authority which has jurisdiction over the land comprising the mobile home park; and a detailed description containing all information available to the mobile home park owner, including the time, manner, and nature, of any definite future plans which he or she has for future changes in the use of the land comprising the mobile home park or a portion thereof.(2) The name and address of the mobile home park owner or a person authorized to receive notices and demands on his or her behalf.(3) All fees and charges, assessments, or other financial obligations not included in the rental agreement and a copy of the rules and regulations in effect.History.—s. 1, ch. 84-80; s. 6, ch. 90-198; s. 21, ch. 92-148; s. 915, ch. 97-102.
FL Stat § 723.014 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.014 - Failure to Provide Prospectus or Offering Circular Prior to Occupancy.

723.014 Failure to provide prospectus or offering circular prior to occupancy.—(1) If a prospectus or offering circular was not provided to the prospective lessee prior to execution of the lot rental agreement or prior to initial occupancy of a new mobile home, the rental agreement is voidable by the lessee until 15 days after the receipt by the lessee of the prospectus or offering circular and all exhibits thereto.(2) To cancel the rental agreement, the mobile home owner shall deliver written notice to the park owner within 15 days after receipt of the prospectus or offering circular and shall thereupon be entitled to a refund of any deposit together with relocation costs for the mobile home, or the market value thereof including any appurtenances thereto paid for by the mobile home owner, from the park owner.History.—s. 1, ch. 84-80; s. 13, ch. 88-147; s. 7, ch. 90-198; s. 22, ch. 92-148.
FL Stat § 723.016 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.016 - Advertising Materials; Oral Statements.

723.016 Advertising materials; oral statements.—(1) All advertising materials for, used by, or promoting any mobile home park shall be filed with the division by the developer, park owner, or mobile home dealer within 30 days of the end of each calendar quarter in which it was used, unless the material has been previously filed. The calendar quarters shall end on March 31, June 30, September 30, and December 31 of each year.(2) The term “advertising materials” includes:(a) Promotional brochures, pamphlets, advertisements, or other materials disseminated to the public in connection with the sale of a new mobile home or lease of a mobile home lot.(b) Billboards and other signs posted on and off the premises.(3) The following “advertising materials” are exempt from the filing requirements of this section: telephone directories, business cards, items placed solely on bulletin boards in a mobile home park, and correspondence in response to inquiries by individuals.(4) No advertising materials or oral statement made by any developer, park owner, or mobile home dealer shall:(a) Misrepresent a fact or create a false or misleading impression regarding the mobile home or mobile home park.(b) Contain any asterisk or other reference symbol as a means of contradicting or substantially changing any statement previously made or as a means of obscuring a material fact.(c) Misrepresent the size, nature, extent, qualities, or characteristics of the offered facilities.(d) Misrepresent the nature or extent of any service incident to the tenancy.(5) The division shall not impose a civil penalty in excess of $250 per advertisement for each instance of the untimely filing of advertising materials.History.—s. 1, ch. 84-80; s. 32, ch. 93-150.
FL Stat § 723.017 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.017 - Publication of False or Misleading Information; Remedies.

723.017 Publication of false or misleading information; remedies.—Any person who pays anything of value toward the purchase of a mobile home or placement of a mobile home in a mobile home park located in this state in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from the park owner or developer in advertising and promotional materials, including, but not limited to, a prospectus, the items required as exhibits to a prospectus, brochures, and newspaper advertising, shall have a cause of action to rescind the contract or collect damages from the developer, park owner, or mobile home dealer for her or his loss.History.—s. 1, ch. 84-80; s. 916, ch. 97-102.
FL Stat § 723.021 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.021 - Obligation of Good Faith and Fair Dealings.

723.021 Obligation of good faith and fair dealings.—Every rental agreement or duty within this chapter imposes an obligation of good faith and fair dealings in its performance or enforcement. Either party to a dispute under this chapter may seek an order finding the other party has not complied with the obligations of good faith and fair dealings. Upon such a finding, the court shall award reasonable costs and attorney’s fees to the prevailing party for proving the noncompliance.History.—s. 1, ch. 84-80; s. 1, ch. 97-291.
FL Stat § 723.022 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.022 - Mobile Home Park Owner’s General Obligations.

723.022 Mobile home park owner’s general obligations.—A mobile home park owner shall at all times:(1) Comply with the requirements of applicable building, housing, and health codes.(2) Maintain buildings and improvements in common areas in a good state of repair and maintenance and maintain the common areas in a good state of appearance, safety, and cleanliness.(3) Provide access to the common areas, including buildings and improvements thereto, at all reasonable times for the benefit of the park residents and their guests.(4) Maintain utility connections and systems for which the park owner is responsible in proper operating condition.(5) Comply with properly promulgated park rules and regulations and require other persons on the premises with his or her consent to comply therewith and conduct themselves in a manner that does not unreasonably disturb the park residents or constitute a breach of the peace.History.—s. 1, ch. 84-80; s. 917, ch. 97-102.
FL Stat § 723.023 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.023 - Mobile Home Owner’s General Obligations.

723.023 Mobile home owner’s general obligations.—A mobile home owner shall:(1) At all times comply with all obligations imposed on mobile home owners by applicable provisions of building, housing, and health codes, including compliance with all building permits and construction requirements for construction on the mobile home and lot. The home owner is responsible for all fines imposed by the local government for noncompliance with any local codes.(2) At all times keep the mobile home lot that he or she occupies clean, neat, and sanitary, and maintained in compliance with all local codes.(3) At all times comply with properly promulgated park rules and regulations and require other persons on the premises with his or her consent to comply with such rules and to conduct themselves, and other persons on the premises with his or her consent, in a manner that does not unreasonably disturb other residents of the park or constitute a breach of the peace.(4) Receive written approval from the mobile home park owner before making any exterior modification or addition to the home.(5) When vacating the premises, remove any debris and other property of any kind which is left on the mobile home lot.History.—s. 1, ch. 84-80; s. 918, ch. 97-102; s. 4, ch. 2015-90; s. 23, ch. 2020-27.
FL Stat § 723.024 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.024 - Compliance by Mobile Home Park Owners and Mobile Home Owners.

723.024 Compliance by mobile home park owners and mobile home owners.—Notwithstanding any other provision of this chapter or of any local law, ordinance, or code:(1) If a unit of local government finds that a violation of a local code or ordinance has occurred, the unit of local government shall cite the responsible party for the violation and enforce the citation under its local code and ordinance enforcement authority.(2) A lien, penalty, fine, or other administrative or civil proceeding may not be brought against a mobile home owner or mobile home for any duty or responsibility of the mobile home park owner under s. 723.022 or against a mobile home park owner or mobile home park property for any duty or responsibility of the mobile home owner under s. 723.023.History.—s. 1, ch. 2011-105.
FL Stat § 723.025 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.025 - Park Owner’s Access to Mobile Home and Mobile Home Lot.

723.025 Park owner’s access to mobile home and mobile home lot.—A mobile home park owner has no right of access to a mobile home unless the mobile home owner’s prior written consent has been obtained or unless to prevent imminent danger to an occupant of the mobile home or to the mobile home. Such consent may be revoked in writing by the mobile home owner at any time. The park owner has, however, the right of entry onto the lot for purposes of repair and replacement of utilities and protection of the mobile home park at all reasonable times, but not in such manner or at such time as to interfere unreasonably with the mobile home owner’s quiet enjoyment of the lot.History.—s. 1, ch. 84-80.
FL Stat § 723.027 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.027 - Persons Authorized by Park Owner to Receive Notices.

723.027 Persons authorized by park owner to receive notices.—Any person authorized by a park owner to receive notices and demands on the park owner’s behalf retains such authority until the mobile home owner is notified otherwise. All notices of such names and addresses or changes made thereto shall be delivered to the mobile home owner’s residence or to another address specified in writing by the mobile home owner.History.—s. 1, ch. 84-80.
FL Stat § 723.032 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.032 - Prohibited or Unenforceable Provisions in Mobile Home Lot Rental Agreements.

723.032 Prohibited or unenforceable provisions in mobile home lot rental agreements.—(1) A mobile home lot rental agreement may provide a specific duration with regard to the amount of rental payments and other conditions of the tenancy, but the rental agreement shall neither provide for, nor be construed to provide for, the termination of any tenancy except as provided in s. 723.061.(2) Any provision in the rental agreement is void and unenforceable to the extent that it attempts to waive or preclude the rights, remedies, or requirements set forth in this chapter or arising under law.History.—s. 1, ch. 84-80; s. 7, ch. 86-162.
FL Stat § 723.033 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.033 - Unreasonable Lot Rental Agreements; Increases, Changes.

723.033 Unreasonable lot rental agreements; increases, changes.—(1) If the court, as a matter of law, finds a mobile home lot rental amount, rent increase, or change, or any provision of the rental agreement, to be unreasonable, the court may:(a) Refuse to enforce the lot rental agreement.(b) Refuse to enforce the rent increase or change.(c) Enforce the remainder of the lot rental agreement without the unreasonable provision.(d) Limit the application of the unreasonable provision so as to avoid any unreasonable result.(e) Award a refund or a reduction in future rent payments.(f) Award such other equitable relief as deemed necessary.(2) When it is claimed or appears to the court that a lot rental amount, rent increase, or change, or any provision thereof, may be unreasonable, the parties shall be afforded a reasonable opportunity to present evidence as to its meaning and purpose, the relationship of the parties, and other relevant factors to aid the court in making the determination.(3) For the purposes of this section, a lot rental amount that is in excess of market rent shall be considered unreasonable.(4) Market rent means that rent which would result from market forces absent an unequal bargaining position between mobile home park owners and mobile home owners.(5) In determining market rent, the court may consider rents charged by comparable mobile home parks in its competitive area. To be comparable, a mobile home park must offer similar facilities, services, amenities, and management.(6) In determining whether a rent increase or resulting lot rental amount is unreasonable, the court may consider economic or other factors, including, but not limited to, increases or decreases in the consumer price index, published by the Bureau of Labor Statistics of the Department of Labor; increases or decreases in operating costs or taxes; and prior disclosures.(7) An arbitrator or mediator under ss. 723.037, 723.038, and 723.0381 shall employ the same standards as set forth in this section.History.—s. 1, ch. 84-80; s. 9, ch. 90-198.
FL Stat § 723.035 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.035 - Rules and Regulations.

723.035 Rules and regulations.—(1) A copy of all rules and regulations shall be posted in the recreation hall, if any, or in some other conspicuous place in the park.(2) No rule or regulation shall provide for payment of any fee, fine, assessment, or charge, except as otherwise provided in the prospectus or offering circular filed under s. 723.012, if one is required to be provided, and until after the park owner has complied with the procedure set forth in s. 723.037.History.—s. 1, ch. 84-80.