Division of Florida Condominiums, Timeshares, and Mobile Homes

Frequently Asked Questions - Mobile Homes

1. Is the mobile home park owner required to give me a prospectus?

2. Can our mobile home park owner increase the lot rental amount for any reason?

3. Is the mobile home park owner required to state the reason for increasing the lot rental amount on the notice?

4. Who can meet with the mobile home park owner to discuss disputes?

5. Who selects the committee to represent homeowners in disputes with the mobile home
park owner?

6. Can the Division determine whether a mobile home lot rental increase in unreasonable?

7. What are the grounds for eviction from a mobile home park?

8. What can the mobile home park owner charge for utilities?

9. How do I file a complaint against the mobile home park owner?

10. How can I get a copy of Chapter 723, Florida Statutes, The Florida Mobile Home Act?

11. Can the mobile home park owner change the age requirements for the park?

12. What is a mobile home?

13. Does the park owner have the right of access to my mobile home lot?

14. Should the rules and regulations of the mobile home park be posted?

15. Can a park owner place restrictions on the sale of a mobile home?

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1. Is the mobile home park owner required to give me a prospectus?

In parks of 26 lots or more the park owner is required to deliver a prospectus to each prospective lessee. A park owner who enters into a rental agreement in which a prospectus is not delivered must give the mobile home owner written disclosure in lieu of a prospectus. Written disclosure in normally given in parks with 10 to 25 lots, although there is nothing in Chapter 723, Florida Statutes, that prohibits a park owner with less than 26 lots from providing a prospectus to home owners. The purchaser of a mobile home within a park may rely on the terms and conditions of the prospectus delivered to the initial recipient. The statute is silent as to whether the park owner or the seller of the mobile home must deliver the prospectus to the purchaser.

Cite: Section 723.11(2), F.S. and rule 61B.30.002

2. Can our mobile home park owner increase the lot rental amount for any reason?

No. The park owner may increase the lot rental amount for only those factors disclosed in the prospectus; although nothing in the Florida Mobile Home Act prohibits park owners and home owners from agreeing to lot rental increase factors not disclosed in the prospectus. All increases in lot rents require 90 days' 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. Except for pass-through and pass on charges, or when a lease is more than 12 months in duration, the rent cannot be increased during the term of the rental agreement.

Cite: Sections 723.031(5) and 723.037(4)(b)

3. Is the mobile home park owner required to state the reason for increasing the lot rental amount on the notice?

No. However, when a duly formed committee of not more than 5 meet with the park owner, the park owner shall in good faith disclose and explain all material factors resulting in the decision to increase the lot rental amount. If the lot rental amount is based on comparable parks, the park owner must disclose, and provide in writing to the committee the name, address, lot rental amount, and any other relevant factors relied upon by the park owner concerning the comparable parks.

Cite: Section 723.037(2), F.S.

4. Who can meet with the mobile home park owner to discuss disputes?

Park owners and homeowners affected by increased rent, rule or regulation changes, or reduction of services must meet within 30 days of the receipt of the notice of increase, change or reduction. A committee of 5 or fewer must represent homeowners to discuss these issues. Neither the park owner nor the homeowners are required by statute to meet for any other type of disputes.

Cite: Section 723.037(4)(a), F.S.

5. Who selects the committee to represent homeowners in disputes with the mobile home park owner?

The members of the committee are designated by a majority of the affected mobile home owners or by the board of directors of the homeowners' association, if one exists.

Cite: Rule 61B-32.003, F.A.C.

6. Can the Division determine whether a mobile home lot rental increase in 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 reasonable, including lot rental amount.

Cite: Section 723.033(1), F.S.

7. What are the grounds for eviction from a mobile home park?

-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, F.S.

8. What can the mobile home park owner charge for utilities?

If the park owner purchases gas, water or electricity from a public or municipally owned utility or water system he/she cannot charge homeowners more that the park is charged by the public or municipally owned utility or public water system. The park owner may charge homeowners for maintenance actually incurred and administrative cost of water distribution. The statute is silent regarding the amount a park owner may charge homeowners when gas, water or electricity are not purchased from a public or municipally owned utility or public water system.

Cite: Section 723.045(1), F.S.

9. How do I file a complaint against the mobile home park owner?

There are several options available for filing a complaint. You may send your complaint through the US Postal Service to the Department at 1940 North Monroe Street; Tallahassee, Florida 32399-1031; e-mail your complaint on our contact form or fax it to 850.488.7149. While not required, it will assist in expediting your complaint if it is received on a Mobile Home Complaint Form. You may call 850. 488.1122 to request a Mobile Home Complaint Form or download a printable copy from our forms page.

Cite: None

10. 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 Mobile Home main web page. You can request a copy from the Department’s Customer Contact Center at 1940 North Monroe Street; Tallahassee, Florida 32399-1031, by telephone at 850.488.1122 or use our convenient contact form to submit any comments and/or questions you may have. In order to better serve you, please include as much information as possible about the nature of your request.

Cite: None

11. Can the mobile home park owner change the age requirements for the park?

If the age requirements for the park are set forth in the park rules and regulations then the park owner may change the age requirements for the park by changing/deleting the appropriate park rules. The park owner would have to comply with the rule change requirements of Chapter 723, Florida Statutes; including 90-day written notice to affected homeowners. If the age requirements are set forth in the park’s prospectus the age requirements could be changed by an amendment to the prospectus agreed to by all affected homeowners or by a change in age requirement laws.

Cite:  Rule 61B-31.001(4)(b), F.A.C.

12. 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), F.S.

13. Does the park owner have the right of access to my mobile home lot?

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, but not in such manner or time as to interfere unreasonably with the mobile home owner’s quiet enjoyment of the lot.

Cite: Section 723.025, F.S.

14. 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), F.S.

15. Can a park owner place restrictions on the sale of a mobile home?

The park owner may not make or enforce any rule, regulation, or rental agreement which denies or abridges the right of any mobile home owner to sell his mobile home within the park. The park owner can make and enforce rules and regulations governing the size, placement, and character of all "for sale" signs.

Cite: Section 723.058(1), F.S.