reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32) › 721.265 - Service of process.

721.265 Service of process.—
(1) In addition to the methods of service provided for in the Florida Rules of Civil Procedure and the Florida Statutes, service of process may be made by delivering a copy of the process to the director of the division, which shall be binding upon the defendant or respondent, if:
(a) The plaintiff, which may be the division, immediately sends a copy of the process and the pleading by certified mail to the defendant or respondent at her or his last known address.
(b) The plaintiff files an affidavit of compliance with this section on or before the return date of the process or within the time set by the court.
(2) If any person, including any nonresident of this state, allegedly engages in conduct prohibited by this chapter, or by any rule or order of the division, and has not filed a consent to service of process, and personal jurisdiction over her or him cannot otherwise be obtained in this state, the director shall be authorized to receive service of process in any noncriminal proceeding against that person or her or his successor which grows out of the conduct and which is brought under this chapter or any rule or order of the division. The process shall have the same force and validity as if personally served. Notice shall be given as provided in subsection (1).
(3) In addition to any means recognized by law, substituted service of process on timeshare purchasers in receivership proceedings may be made in accordance with s. 721.85(1).
History.—s. 16, ch. 95-274; s. 904, ch. 97-102; s. 12, ch. 98-36.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32) › 721.27 - Annual fee for each timeshare unit in plan.

721.27 Annual fee for each timeshare unit in plan.—On January 1 of each year, each managing entity of a timeshare plan located in this state shall collect as a common expense and pay to the division an annual fee of $2 for each 7 days of annual use availability that exist within the timeshare plan at that time, subject to any limitations on the amount of such annual fee pursuant to s. 721.58. If any portion of the annual fee is not paid by March 1, the managing entity may be assessed a penalty pursuant to s. 721.26.
History.—s. 1, ch. 81-172; s. 23, ch. 83-264; s. 10, ch. 91-236; s. 11, ch. 93-58; s. 17, ch. 95-274; s. 32, ch. 2000-302.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32) › 721.28 - Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.

721.28 Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.—All funds collected by the division and any amounts paid as fees or penalties under this chapter shall be deposited in the State Treasury to the credit of the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund created by s. 718.509.
History.—s. 1, ch. 81-172; s. 22, ch. 83-339; s. 24, ch. 87-102; s. 69, ch. 2008-240.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32) › 721.29 - Recording.

721.29 Recording.—If any timeshare plan accommodations or facilities are located in any jurisdiction that does not have recording laws or will not record any document or instrument required to be recorded pursuant to this chapter, the division shall have the discretion to accept an alternative method of protecting purchasers’ rights that will be effective under the laws of that other jurisdiction.
History.—s. 33, ch. 2000-302.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32) › 721.301 - Florida Timesharing, Vacation Club, and Hospitality Program.

721.301 Florida Timesharing, Vacation Club, and Hospitality Program.—
(1)(a) There is established the Florida Timesharing, Vacation Club, and Hospitality Program. The primary purpose of this program is to provide the opportunity for a public-private partnership between the state and the timeshare, vacation club, hospitality, and tourism industries affecting this state.
(b) In conducting the program, the director, or the director’s designee, shall:
1. Solicit research and educational projects and proposals from the timeshare, vacation club, hospitality, and tourism industries;
2. Consult with the Florida chapter of the American Resort Development Association (ARDA-Florida), the Chancellor of the State University System, or the chancellor’s designee; and
3. Assist in the preparation of appropriate reports produced by the program partnership.
(c) The director may designate funds from the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund, not to exceed $50,000 annually, to support the projects and proposals undertaken pursuant to paragraph (b). All state trust funds to be expended pursuant to this section must be matched equally with private moneys and shall comprise no more than half of the total moneys expended annually.
(2) The division is authorized to adopt, amend, and repeal rules prescribing criteria for processing and approval of project applications.
History.—s. 28, ch. 95-274; s. 13, ch. 97-93; s. 905, ch. 97-102; s. 72, ch. 99-5; s. 70, ch. 2008-240.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32) › 721.32 - Effect of ch. 2000-302.

721.32 Effect of ch. 2000-302.—This act shall take effect June 15, 2000; however, all documents filed and approved in accordance with this chapter prior to June 15, 2000, or any amendments to such documents made subsequent to June 15, 2000, that are otherwise in compliance with this chapter prior to June 15, 2000, shall be deemed to be in compliance with the filing requirements of this chapter.
History.—s. 64, ch. 2000-302.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part II - Vacation Clubs (Ss. 721.50-721.58) › 721.50 - Short title.

721.50 Short title.—This part may be cited as the “McAllister Act” in recognition and appreciation for the years of extraordinary and insightful contributions by Mr. Bryan C. McAllister, Examinations Supervisor of the former Division of Florida Land Sales, Condominiums, and Mobile Homes.
History.—s. 12, ch. 93-58; s. 33, ch. 95-274; s. 71, ch. 2008-240.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part II - Vacation Clubs (Ss. 721.50-721.58) › 721.51 - Legislative purpose; scope.

721.51 Legislative purpose; scope.—
(1) The purpose of this part is to advance the purposes of this chapter as set forth in s. 721.02 with respect to multisite vacation and timeshare plans, also known as vacation clubs.
(2) All multisite timeshare plans shall be governed by both part I and this part except where otherwise provided in this part. In the event of a conflict between the provisions of part I and this part, the provisions of this part shall prevail.
History.—s. 12, ch. 93-58; s. 18, ch. 95-274; s. 34, ch. 2000-302.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part II - Vacation Clubs (Ss. 721.50-721.58) › 721.551 - Delivery of multisite timeshare plan purchaser public offering statement.

721.551 Delivery of multisite timeshare plan purchaser public offering statement.—
(1) The division is authorized to prescribe by rule the form of the approved multisite timeshare plan public offering statement that must be furnished by a seller to each purchaser pursuant to this section. The form of the public offering statement that is furnished to purchasers must provide fair, meaningful, and effective disclosure of all aspects of the multisite timeshare plan.
(2) The developer shall furnish each purchaser with the following:
(a) A copy of the approved multisite timeshare plan public offering statement text containing the information required by s. 721.55(1)-(6).
(b) A receipt for multisite timeshare plan documents and a list describing any exhibit to the filed public offering statement which is not delivered to the purchaser. The division is authorized to prescribe by rule the form of the receipt for multisite timeshare plan documents and the description of exhibits list that must be furnished to the purchaser pursuant to this section.
(c) If the purchaser will receive an interest in a specific multisite timeshare plan component site located in this state, the developer shall also furnish the purchaser with the information required to be delivered pursuant to s. 721.07(6)(a) and (b) for that component site.
(d) Any other exhibit that the developer elects to include as part of the purchaser public offering statement, provided that the developer first files the exhibit with the division.
(e) An executed copy of any document which the purchaser signs.
(f) The developer shall be required to provide the managing entity of the multisite timeshare plan with a copy of the approved filed public offering statement and any approved amendments thereto to be maintained by the managing entity as part of the books and records of the timeshare plan pursuant to s. 721.13(3)(d).
History.—s. 23, ch. 95-274; s. 38, ch. 2000-302; s. 26, ch. 2004-279; s. 10, ch. 2015-144.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part II - Vacation Clubs (Ss. 721.50-721.58) › 721.57 - Offering of timeshare estates in specific multisite timeshare plans; required provisions in the timeshare instrument.

721.57 Offering of timeshare estates in specific multisite timeshare plans; required provisions in the timeshare instrument.—
(1) In addition to meeting all the requirements of part I, timeshare estates offered in a specific multisite timeshare plan must meet the requirements of subsection (2). Any offering of timeshare estates in a specific multisite timeshare plan that does not comply with these requirements shall be deemed to be an offering of a timeshare license.
(2) The timeshare instrument of a specific multisite timeshare plan in which timeshare estates are offered must contain or provide for all of the following matters:
(a) The purchaser will receive a timeshare estate as defined in s. 721.05 in one of the component sites of the specific multisite timeshare plan. The use rights in the other component sites of the multisite timeshare plan shall be made available to the purchaser through the reservation system pursuant to the timeshare instrument.
(b) In the event that the reservation system is terminated or otherwise becomes unavailable for any reason prior to the expiration of the term of the specific multisite timeshare plan:
1. The purchaser will be able to continue to use the accommodations and facilities of the component site in which she or he has been conveyed a timeshare estate in the manner described in the timeshare instrument for that component site for the remaining term of the timeshare estate; and
2. Any use rights in that component site which had previously been made available through the reservation system to purchasers of the specific multisite timeshare plan who were not offered a timeshare estate at that component site will terminate when the reservation system is terminated or otherwise becomes unavailable for any reason.
History.—s. 12, ch. 93-58; s. 911, ch. 97-102; s. 29, ch. 2004-279; s. 13, ch. 2015-144.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part II - Vacation Clubs (Ss. 721.50-721.58) › 721.58 - Filing fee; annual fee.

721.58 Filing fee; annual fee.—
(1) The developer of the multisite timeshare plan shall pay the filing fee required by s. 721.07(4)(a); however, the maximum amount of such filing fee shall be $25,000 or the total filing fee due with respect to the timeshare units in the multisite timeshare plan that are located in this state pursuant to s. 721.07(4)(a), whichever is greater.
(2) The managing entity of the multisite timeshare plan shall pay the annual fee required by s. 721.27; provided, however, that the maximum amount of such annual fee shall be $25,000 or the total annual fee due with respect to the timeshare units in the multisite timeshare plan that are located in this state calculated pursuant to s. 721.07(4)(a), whichever is greater.
History.—s. 12, ch. 93-58.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part III - Foreclosure of Liens on Timeshare Interests (Ss. 721.80-721.86) › 721.80 - Short title.

721.80 Short title.—This part may be cited as the “Timeshare Lien Foreclosure Act.”
History.—s. 13, ch. 98-36.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part III - Foreclosure of Liens on Timeshare Interests (Ss. 721.80-721.86) › 721.81 - Legislative purpose.

721.81 Legislative purpose.—The purposes of this part are to:
(1) Recognize that timeshare interests are used for vacation experience rather than for homestead or investment purposes and that there are numerous timeshare interests in this state.
(2) Recognize that the economic health and efficient operation of the vacation ownership industry are in part dependent upon the availability of an efficient and economical process for all timeshare interest foreclosures.
(3) Recognize the need to assist both owners’ associations and mortgagees by simplifying and expediting the process for the judicial and trustee foreclosure of assessment liens and mortgage liens against timeshare interests.
(4) Improve judicial economy and reduce court congestion and the cost to taxpayers by establishing streamlined procedures for the judicial and trustee foreclosure of assessment liens and mortgage liens against timeshare interests.
(5) Recognize that nearly all timeshare interest foreclosures are uncontested.
(6) Protect the ability of consumers who own timeshare interests located in this state to choose a judicial proceeding for the foreclosure of an assessment lien or a mortgage lien against their timeshare interest.
(7) Recognize that the use of the trustee foreclosure procedure established under ss. 721.855 and 721.856 shall have the same force and effect as the use of the judicial foreclosure procedure against a timeshare interest with respect to the provisions of this chapter or any other applicable law. However, obligors shall not be subject to a deficiency judgment even if the proceeds from the sale of the timeshare interest are insufficient to offset the amounts secured by the lien.
History.—s. 13, ch. 98-36; s. 42, ch. 2000-302; s. 5, ch. 2010-134.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part III - Foreclosure of Liens on Timeshare Interests (Ss. 721.80-721.86) › 721.83 - Consolidation of judicial foreclosure actions.

721.83 Consolidation of judicial foreclosure actions.—
(1) A complaint in a foreclosure proceeding involving timeshare interests may join in the same action multiple defendant obligors and junior interestholders of separate timeshare interests, provided:
(a) The foreclosure proceeding involves a single timeshare property.
(b) The foreclosure proceeding is filed by a single plaintiff.
(c) The default and remedy provisions in the written instruments on which the foreclosure proceeding is based are substantially the same for each defendant.
(d) The nature of the defaults alleged is the same for each defendant.
(e) No more than 15 timeshare interests, without regard to the number of defendants, are joined within the same consolidated foreclosure action.
(2) In any foreclosure proceeding involving multiple defendants filed under subsection (1), the court shall sever for separate trial any count of the complaint in which a defense or counterclaim is timely raised by a defendant.
(3) A consolidated timeshare foreclosure action shall be considered a single action, suit, or proceeding for the payment of filing fees and service charges pursuant to general law. In addition to the payment of such filing fees and service charges, an additional filing fee of up to $10, from which the clerk shall remit $5 to the Department of Revenue for deposit into the General Revenue Fund, for each timeshare interest joined in that action shall be paid to the clerk of court.
History.—s. 13, ch. 98-36; s. 112, ch. 2003-402; s. 74, ch. 2004-265; s. 39, ch. 2008-111; s. 7, ch. 2010-134; s. 25, ch. 2019-58.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part III - Foreclosure of Liens on Timeshare Interests (Ss. 721.80-721.86) › 721.85 - Service to notice address or on registered agent.

721.85 Service to notice address or on registered agent.—
(1) Service of process for a foreclosure proceeding involving a timeshare interest may be made by any means recognized by law. In addition, substituted service on an obligor who has appointed a registered agent under s. 721.84 may be made on such registered agent at the registered office. Also, when using s. 48.194 where in rem or quasi in rem relief only is sought, such service of process provisions are modified in connection with a foreclosure proceeding against a timeshare interest to provide that:
(a) Such service of process may be made on any person whether the person is located inside or outside this state, by certified mail, registered mail, or permitted delivery service, return receipt requested, addressed to the person to be served at the notice address, or on the person’s registered agent duly appointed under s. 721.84, at the registered office; and
(b) Service shall be considered obtained upon the signing of the return receipt by any person at the notice address, or by the registered agent.
(2) The current owner and the mortgagor of a timeshare interest must promptly notify the owners’ association and the mortgagee of any change of address.
(3) Substituted notice under s. 721.855 or s. 721.856 for any party who has appointed a registered agent under s. 721.84 may be made on such registered agent at the registered office.
History.—s. 13, ch. 98-36; s. 45, ch. 2000-302; s. 8, ch. 2010-134.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part III - Foreclosure of Liens on Timeshare Interests (Ss. 721.80-721.86) › 721.8561 - Administrative fee.

721.8561 Administrative fee.—An administrative fee of $50 per trustee deed for each deed recorded pursuant to the trustee foreclosure procedures set forth in ss. 721.855 and 721.856 shall be paid and remitted at the same time and in the same manner as documentary stamp taxes imposed pursuant to s. 201.02. Revenues from such fees shall be remitted to the Department of Revenue in the same manner as documentary stamp taxes and deposited in the State Courts Revenue Trust Fund.
History.—s. 13, ch. 2010-134.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part III - Foreclosure of Liens on Timeshare Interests (Ss. 721.80-721.86) › 721.86 - Miscellaneous provisions.

721.86 Miscellaneous provisions.—
(1) In the event of a conflict between the provisions of this part and the other provisions of this chapter, chapter 702, or other applicable law, the provisions of this part shall prevail. The procedures in this part must be given effect in the context of any foreclosure proceedings against timeshare interests governed by this chapter, chapter 702, chapter 718, or chapter 719.
(2) If any provision of this part, or the application thereof to any person or circumstances, is held invalid, such invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application. To this end, the provisions of this part are declared severable.
(3) The division has no authority to regulate, enforce, or ensure compliance with any provision of this part.
(4) In addition to assessment liens and mortgage liens arising after the effective date of this part, except as provided in s. 721.855(13), the provisions of this part apply to all assessment liens and mortgage liens existing prior to the effective date of this act regarding which a foreclosure proceeding has not yet commenced.
History.—s. 13, ch. 98-36; s. 46, ch. 2000-302; s. 11, ch. 2010-134.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part IV - Commissioner of Deeds (Ss. 721.96-721.98) › 721.96 - Purpose.

721.96 Purpose.—The purpose of this part is to provide for the appointment of commissioners of deeds to take acknowledgments, proofs of execution, and oaths outside the United States in connection with the execution of any deed, mortgage, deed of trust, contract, power of attorney, or any other agreement, instrument or writing concerning, relating to, or to be used or recorded in connection with a timeshare estate, personal property timeshare interest, timeshare license, any property subject to a timeshare plan, or the operation of a timeshare plan located within this state.
History.—s. 14, ch. 98-36; s. 31, ch. 2004-279.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part IV - Commissioner of Deeds (Ss. 721.96-721.98) › 721.97 - Timeshare commissioner of deeds.

721.97 Timeshare commissioner of deeds.—
(1) The Governor may appoint commissioners of deeds to take acknowledgments, proofs of execution, or oaths in any foreign country, in international waters, or in any possession, territory, or commonwealth of the United States outside the 50 states. The term of office is 4 years. Commissioners of deeds shall have authority to take acknowledgments, proofs of execution, and oaths in connection with the execution of any deed, mortgage, deed of trust, contract, power of attorney, or any other writing to be used or recorded in connection with a timeshare estate, personal property timeshare interest, timeshare license, any property subject to a timeshare plan, or the operation of a timeshare plan located within this state; provided such instrument or writing is executed outside the United States. Such acknowledgments, proofs of execution, and oaths must be taken or made in the manner directed by the laws of this state, including but not limited to s. 117.05(4), (5)(a), and (6), Florida Statutes 1997, and certified by a commissioner of deeds. The certification must be endorsed on or annexed to the instrument or writing aforesaid and has the same effect as if made or taken by a notary public licensed in this state.
(2) Any person seeking to be appointed a commissioner of deeds must take and subscribe to an oath, before a notary public in this state or any other state, or a person authorized to take oaths in another country, to well and faithfully execute and perform the duties of such commissioner of deeds. The oath must be filed with the Department of State prior to the person being commissioned.
(3) Official acts performed by any previously appointed commissioners of deeds, between May 30, 1997, and the effective date of this part, are declared valid as though such official acts were performed in accordance with and under the authority of this part.
History.—s. 14, ch. 98-36; s. 18, ch. 98-322; s. 32, ch. 2004-279; s. 13, ch. 2007-75.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 721 - Vacation and Timeshare Plans › Part IV - Commissioner of Deeds (Ss. 721.96-721.98) › 721.98 - Powers of the division.

721.98 Powers of the division.—The division has no duty or authority to regulate, enforce, or ensure compliance with any provision of this part.
History.—s. 14, ch. 98-36.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.