What is a mobile home?
Chapter 723, Florida Statutes, defines a mobile home as a residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
Cite: Section 723.003(3), Florida Statutes
Can our mobile home park owner increase the lot rental amount?
Yes. The park owner may increase the lot rental amount for those factors disclosed in the prospectus or a lot rental agreement with a term exceeding 12 months, and for pass-through and pass-on charges. All increases in lot rents require a 90-day written notice to the affected homeowners. This notice triggers several homeowner rights and/or obligations, including meeting with the park owner to discuss the reasons for the lot rental increase.
Cite: Sections 723.031(5) and 723.037(1) and (4), Florida Statutes
Is the mobile home park owner required to state the reason for increasing the lot rental amount on the notice?
No. However, the notice must identify all affected homeowners, which may be by lot number, name, group, or phase, and include the effective date and the dollar amount of the relevant portions of the present lot rental amount that are being increased and the dollar amount of the proposed increases in lot rental amount.
Cite: Sections 723.037(1) and (2), Florida Statutes
Who can meet with the mobile home park owner to discuss 90-day notices?
A committee, not to exceed five in number, designated by a majority of the affected homeowners or by the board of directors of the homeowners’ association, if one exists, and the park owner shall meet within 30 days after receipt by the homeowners of the notice of increase in lot rental amount, reduction in services or utilities, or change in rules and regulations to discuss the reasons for the change. (The park owner is not required to meet with individual homeowners.)
Cite: Section 723.037(4)(a), Florida Statutes, and Rule 61B-32.003, Florida Administrative Code
Can the Division determine whether a mobile home lot rental increase is unreasonable?
No. Section 723.033(1), Florida Statutes, empowers the civil court of appropriate jurisdiction to determine whether any part of the rental agreement is unreasonable, including lot rental amount.
Cite: Section 723.033(1), Florida Statutes
What are the grounds for eviction from a mobile home park?
Grounds for eviction from a mobile home park are:
-Nonpayment of lot rental amount.
-Conviction of a violation of a federal or state law, or local ordinance, which violation may be deemed detrimental to the health, safety, or welfare of other residents or employees of the mobile home park.
-Violation of a park rule or regulation, the rental agreement, or Chapter 723, Florida Statutes.
-Change in the use of the land comprising the mobile home park.
Cite: Section 723.061, Florida Statutes
How do I file a complaint against the mobile home park owner?
There are several options available for submitting a complaint.
Mail your complaint to:
Department of Business and Professional Regulation
2601 Blair Stone Road
Tallahassee, Florida 32399-1030
E-mail your complaint to Customer Contact Center at http://www.myfloridalicense.com/contactus/.
Fax your complaint to 850.488.7149.
You may call 850.488.1122 to request a Mobile Home Complaint Form (PDF) or download a printable copy from this page.
How can I get a copy of Chapter 723, Florida Statutes, The Florida mobile Home Act?
You can access Chapter 723, Florida Statutes, through the Division of Florida Condominiums, Timeshares, and Mobile Homes’ web page at http://www.myfloridalicense.com/DBPR/mobile-homes/statutes-and-rules/.
Does the park owner have the right of access to my mobile home lot?
Yes. The park owner has the right of entry onto the lot at all reasonable times, for the purpose of repair and replacement of utilities and protection of the mobile home park. However, it must not be in such manner or time as to interfere unreasonably with the mobile home owner’s quiet enjoyment of the lot.
Cite: Section 723.025, Florida Statutes
Should the rules and regulations of the mobile home park be posted?
Yes. A copy of all rules and regulations should be posted in a conspicuous place in the park, such as the recreational hall.
Cite: Section 723.035(1), Florida Statutes