Division of Florida Condominiums, Timeshares, and Mobile Homes

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Copies of park prospectus

The division is required to maintain copies of each prospectus and all its amendments and provide copies of such within ten days after receiving a written request. (Please note that there may be a charge for this service, depending upon the number of copies requested.)

What the division can do for you…

Every year the division receives a large number of complaints from mobile home owners. Often, home owners and park owners are unaware of the statutory authority of the division. This can often lead to frustrated home owners and park owners alike. In an effort to alleviate any frustration that may occur, a brief list has been compiled to describe what we can and can not do. This list describes mobile home park concerns which the Division of Florida Condominiums, Timeshares, and Mobile Homes has the authority to take action against and the areas in which we do not have statutory authority.

• Areas in which the division DOES have authority to assist mobile home owners.
• Areas in which the division DOES NOT have authority to assist mobile home owners.
• What happens when the division can take enforcement action?

Areas in which the division DOES have authority to assist mobile home owners.

1. Improper or untimely notice. The division may take action against a park owner if its notice of lot rental increase, reduction in services or utilities or a change in the rules and regulations is not given in a timely fashion or does not disclose accurate and proper information. The park owner is also required to file a copy of the notice of increase with the division. See section 723.037(1), Florida Statutes and 61B-32.002, Florida Administrative Code.

2. Failure of the park owner to meet with a committee designated by the association board or a majority of homeowners. A park owner is required to meet with a designated committee to discuss notices of change, reasons for an increase in lot rent, a reduction in services or utilities or a change in the rules or regulations. See section 723.037(4), Florida Statutes and 61B-32.004, Florida Administrative Code.

3. No prospectus or disclosure statement provided. Parks that offer 26 of more mobile home lots for rent or lease must provide the home owner with either a prospects or offering circular approved by the division. Park owners who fail to comply with this provision can be penalized by the division. See section 723.011, Florida Statutes.

4. Failure to provide written notification. A mobile home park with 10 or more but less than 26 mobile home lots offered for rent or lease must provide written notification to the mobile home owner prior to occupancy of the following: the park’s zoning, future plans for the park, the name and address of the park owner, all fees, charges, assessment and other financial obligations not included in the rental agreement and a copy of the rules and regulations. See section 723.013, Florida Statutes.

5. Failure to file advertising materials with the division. The division will take action against any park owner that fails to file all advertising materials used to promote the mobile home park within 30 days of the end of each yearly quarter in which it was used (unless the advertising was previously filed). See section 723.016, Florida Statutes.

6. Assessing a fee or other charge. A park owner may only assess a fee or charge disclosed in the prospectus, collected as a matter of custom or agreed to in writing on the anniversary date of the rental agreement or at the beginning of the term of the agreement. However, a fee or other charge defined as a pass-through or referred to as a pass-on charge in Chapter 723 (such as ad-valorem taxes or utility charges), may be assessed or increased if a proper 90-days notice is provided to the home owner. No user fee can be charged by the park owner for services that were previously provided unless there is a corresponding decrease in the amount of rent. A park owner must follow specific procedures in order to assess entrance fees, and exit fees may not be charged. See sections 723.037(1) and 723.041, Florida Statutes, and 61B-31.001(5), Florida Administrative Code.

7. Increase in lot rental amount. The division can take action when a park owner raises the rent and does not provide an approved prospectus to the home owner or if the park owner attempts to raise the rent more than once during the rental agreement. See section 723.031(7), Florida Statutes.
8. Rental agreements. Each rental agreement shall be for a term of at least one year, unless it is the initial rental agreement. A park owner is entitled to make the beginning rental agreement term less than one year so that all agreements in the park begin at the same time. See section 723.031(4), Florida Statutes.

9. Improvements, appliances and equipment. The division can take action against a park owner who requires a home owner to make improvements to their home when the improvements were not disclosed in the prospectus before occupancy. A park owner is also prohibited from requiring a home owner to buy equipment for the mobile home, such as underskirting, from the park owner. In addition, a park owner may not prohibit a home owner from installing electric or gas appliances in their mobile home and may not charge an additional fee for such for such installation. See section 723.044, Florida Statutes.

10. Sale of the mobile home park and mobile homes in the park. The division may take action against any park owner who attempts, through the rules and regulations, exclusive rights of resale or any other manner, to restrict a home owner’s ability to sell their mobile home. If a park owner wants to sell the park, the owner must notify the officers of the incorporated homeowner’s association (created pursuant to section 723.075 through 723.079, Florida Statutes) of the offer; however the division can not "force" a park to accept an offer to buy the park submitted by the home owners. See sections 723.058 and 723.071, Florida Statutes.

11. Utilities. A park owner may not sell water, electricity or gas to a homeowner for more than the park paid; however, where water is concerned, the park owner may charge for actual maintenance incurred and administrative cost. See section 723.045, Florida Statutes.

12. Eviction proceedings. The division may take action if a park owner does not follow the procedure for evicting a resident as described in Chapter 723, Florida Statutes. However, it is up to a court of law to determine if the reason the park owner is evicting the resident is valid. See section 723.061, Florida Statutes.

13. Restrictions on use of facilities. A park owner may only restrict or eliminate the use of facilities that are specifically set forth in the prospectus after providing a 90-day notice of the reduction or elimination to the home owner. See section 723.037, Florida Statutes, and 61B-32.002, Florida Administrative Code.

14. Assumptions of the remainder of an existing rental agreement. The division may take action against a park owner who fails to allow a mobile home buyer to assume the remainder of an existing rental agreement, if the buyer meets the requirements to become a tenant as stated in the park’s rules and regulations. See section 723.059(3), Florida Statutes.

15. Security deposits. The division may take action against a park owner that does not properly handle or does not return a home owner’s security deposit within three months. See section 723.031(8), Florida Statutes.

16. Rules and regulations. A park owner must post a copy of all rules and regulations in a conspicuous place in the park. See section 723.035, Florida Statutes.
17. Invitees. A park owner can’t stop a home owner’s invitee (a person staying at the request of the home owner for a limited time) from coming and going from the mobile home or charge the home owner additional fees for the invitee. However, all guest or invitees are required to abide by the park rules and regulations, and are limited to a stay of 15 consecutive days or 30 total days a year. See section 723.051, Florida Statutes.

18. Refunds of rent. The division’s ability to order refunds is dependent upon the severity of the violations and the degree to which home owners were actually injured. However, the division does have authority to order a park owner to refund rent for certain violations. See section 723.006 (5), Florida Statutes.

Areas in which the division DOES NOT have authority to assist mobile home owners.

1. Infringement of the right of mobile home owners to peaceably assemble and the right of home owners to invite public officers, candidates for public office, or representatives of a tenant organization into the park. While the division is unable to enjoin the park owner from enforcing rules that infringe upon the right of the mobile home owner to peaceable assemble or infringes upon the rights of homeowners to invite public officers into the park, it may levy a civil penalty against a park owner who enforces such rules. Any home owner who is prevented from exercising these rights should bring an action in a local court as provided in section 723.056, Florida Statutes.

2. Enforcing the terms of the lease or prospectus/contractual disputes. The division cannot take action to "force" a park owner to comply with the terms of the lease/rental agreement or prospectus. Only the courts have the authority to hear disputes between a park owner and the home owner(s) about either party’s failure to honor the terms of the rental agreement/lease or the prospectus.
3. Reasonableness of rent. The division is prohibited from taking any action to determine whether or not an increase in lot rent is "reasonable." Only a court of law may make such a determination as stated in section 723.033, Florida Statutes.

4. Enforcing the obligations of a park owner or a home owner. Section 723.022 states the things a park owner shall do in the park (such as complying with the requirements of local building, housing and health codes). Section 723.023 states the things a mobile home owner shall do in the park (such as keeping their lot clean and sanitary). The division cannot enforce these obligations against either party. If the park owner, or other home owners, are not keeping their responsibilities under this law, action must be taken in court to enforce compliance with these provisions. The division cannot "undo" actions taken by the board of directors. If the board violates provisions of the park’s by-laws, the home owners may go to court or look to their association by-laws and attempt to recall members of the board.

6. Access to mobile home lot. The park owner does have the right to enter the mobile home lot to repair and replace utilities so long as the park owner does not unreasonably interfere with the mobile home owner’s quite enjoyment of the lot. Unless there is an emergency or the park owner has written consent, he or she may not enter a home owner’s mobile home.

What happens when the division can take enforcement action?

Division Enforcement Powers. For most violations, the division will enter into a consent order with the park owner for a civil penalty and/or a refund of the rent to home owners. If the park owner will not consent, the division may issue a Notice to Show Cause. The park owner is then entitled to present its side to either a hearing officer in the Department of Business and Professional Regulation or an outside hearing officer with the Division of Administrative Hearings. If the division wins the case, a final order is entered against the park owner which may require the payment of penalties and/or refunds of lot rent. If the park owner refuses to comply with this final order, the division can bring an action in circuit court and receive a judgment against the park owner. Ultimately, the division may seek contempt of court if a park owner fails to comply with the terms of a judgment.
Injunction/Cease and Desist Orders. For severe cases, the division does have the power to stop the park owner from doing certain things by suing them in circuit court for an "injunction." The division can also issue a cease and desist order that tells a park owner to stop whatever it is they are doing. However, the division may not obtain an injunction or issue a cease and desist order for contractual disputes, only for severe, clear violations of the statute.