Mobile Home Park Lot Tenancies

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A bill to be entitled 1
An act relating to mobile home park lot tenancies; 2
amending s. 723.005, F.S.; revising the powers and 3
duties of the Division of Florida Condominiums, 4
Timeshares, and Mobile Homes; amending ss. 723.022 and 5
723.023, F.S.; authorizing a person injured by a 6
violation of state law to file a complaint with the 7
Department of Legal Affairs; providing the department 8
authority to enforce compliance with state law; 9
authorizing the department to adopt rules; amending s. 10
723.033, F.S.; providing factors a court may consider 11
when determining if a rent increase or resulting lot 12
rental increase is unreasonable; creating s. 723.034, 13
F.S.; prohibiting a mobile home park owner or such 14
owner's employees or agents from engaging in certain 15
actions relating to electronic billing or payment 16
systems; providing for retroactive applicability; 17
authorizing a person injured by a violation of state 18
law to file a complaint with the Department of Legal 19
Affairs; providing the department authority to enforce 20
compliance with state law; authorizing the department 21
to adopt rules; amending s. 723.037, F.S.; requiring 22
certain proof of expenses or factors to be included in 23
a notice for a proposed increase in lot rental amount; 24
requiring a park owner or subdivision developer to 25

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disclose and explain all relevant invoices, evidence, 26
or other proof that was used in the decision to 27
increase the lot rental amount; requiring a park owner 28
to reduce the lot rental amount under certain 29
circumstances; authorizing a person to file a 30
complaint with the Department of Legal Affairs if a 31
park owner fails to provide certain information; 32
providing the department authority to enforce 33
compliance with state law; authorizing the department 34
to adopt rules; amending s. 723.038, F.S.; authorizing 35
a person to file a complaint with the Department of 36
Legal Affairs if a party to a dispute refuses to 37
mediate; requiring the department to appoint a 38
mediator and mediation to begin within a specified 39
timeframe; amending s. 723.061, F.S.; revising the 40
circumstances under which, and the timeframe in which, 41
a park owner may terminate a tenancy; authorizing 42
specified persons or entities to pay a lot rental 43
amount in a certain manner; requiring the park owner 44
to accept such payment; providing when an amount due 45
is paid when paying by check; prohibiting properly 46
promulgated rules and regulations from being used by a 47
mobile home park owner in a certain manner; amending 48
s. 723.0611, F.S.; specifying the purpose of the 49
Florida Mobile Home Relocation Corporation; amending 50

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s. 723.0612, F.S.; revising dollar amounts for certain 51
expenses due to a change in use of the land on which a 52
mobile home park is located; authorizing a moving 53
contractor to redeem a voucher within a specified 54
timeframe; amending s. 723.011, F.S.; conforming a 55
cross-reference; providing an effective date. 56
57
Be It Enacted by the Legislature of the State of Florida: 58
59
Section 1. Section 723.005, Florida Statutes, is amended 60
to read: 61
723.005 Regulation by division.—Except as provided in this 62
chapter, the division has the power and duty to enforce and 63
ensure compliance with the provisions of this chapter and rules 64
promulgated pursuant hereto relating to the rental, development, 65
and sale of mobile home parks. However, the division does not 66
have the power or duty to enforce mobile home park rules and 67
regulations or to enforce the provisions of ss. 723.022, 68
723.023, and 723.033. 69
Section 2. Section 723.022, Florida Statutes, is amended 70
to read: 71
723.022 Mobile home park owner's general obligations.— 72
(1) A mobile home park owner shall at all times: 73
(a)(1) Comply with the requirements of applicable 74
building, housing, and health codes. 75

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(b)(2) Maintain buildings and improvements in common areas 76
in a good state of repair and maintenance and maintain the 77
common areas in a good state of appearance, safety, and 78
cleanliness. 79
(c)(3) Provide access to the common areas, including 80
buildings and improvements thereto, at all reasonable times for 81
the benefit of the park residents and their guests. 82
(d)(4) Maintain utility connections and systems for which 83
the park owner is responsible in proper operating condition. 84
(e)(5) Comply with properly promulgated park rules and 85
regulations and require other persons on the premises with his 86
or her consent to comply therewith and conduct themselves in a 87
manner that does not unreasonably disturb the park residents or 88
constitute a breach of the peace. 89
(2) A person who is injured by a violation of this section 90
may file a complaint with the Department of Legal Affairs. The 91
Department of Legal Affairs has the authority to enforce 92
compliance with this section. The Department of Legal Affairs 93
may adopt rules to implement this subsection. 94
Section 3. Section 723.023, Florida Statutes, is amended 95
to read: 96
723.023 Mobile home owner's general obligations.— 97
(1) A mobile home owner shall: 98
(a)(1) At all times comply with all obligations imposed on 99
mobile home owners by applicable provisions of building, 100

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housing, and health codes, including compliance with all 101
building permits and construction requirements for construction 102
on the mobile home and lot. The home owner is responsible for 103
all fines imposed by the local government for noncompliance with 104
any local codes. 105
(b)(2) At all times keep the mobile home lot that he or 106
she occupies clean, neat, and sanitary, and maintained in 107
compliance with all local codes. 108
(c)(3) At all times comply with properly promulgated park 109
rules and regulations and require other persons on the premises 110
with his or her consent to comply with such rules and to conduct 111
themselves, and other persons on the premises with his or her 112
consent, in a manner that does not unreasonably disturb other 113
residents of the park or constitute a breach of the peace. 114
(d)(4) Receive written approval from the mobile home park 115
owner before making any exterior modification or addition to the 116
home. 117
(e)(5) When vacating the premises, remove any debris and 118
other property of any kind which is left on the mobile home lot. 119
(2) A person who is injured by a violation of this section 120
may file a complaint with the Department of Legal Affairs. The 121
Department of Legal Affairs has the authority to enforce 122
compliance with this section. The Department of Legal Affairs 123
may adopt rules to implement this subsection. 124
Section 4. Subsection (6) of section 723.033, Florida 125

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Statutes, is amended to read: 126
723.033 Unreasonable lot rental agreements; increases, 127
changes.— 128
(6) In determining whether a rent increase or resulting 129
lot rental amount is unreasonable, the court may consider 130
economic or other factors, including, but not limited to, all of 131
the following: 132
(a) The number of active sales within the mobile home park 133
at the time the notice of rent increase is issued. 134
(b) Incentives and other discounts being offered to new 135
purchasers by the mobile home park owner or the mobile home 136
owner. 137
(c) The number of mobile homes abandoned or the number of 138
titles transferred by the mobile home owner to the mobile home 139
park owner in the previous 12 months for the purpose of avoiding 140
eviction or to otherwise not terminate an existing rental 141
agreement. 142
(d) Increases or decreases in the consumer price index, 143
published by the Bureau of Labor Statistics of the Department of 144
Labor.; 145
(e) Increases or decreases in operating costs or taxes.; 146
and 147
(f) Prior disclosures. 148
Section 5. Section 723.034, Florida Statutes, is created 149
to read: 150

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723.034 Requirements for electronic billing or payment 151
systems.— 152
(1) A mobile home park owner may not engage, or permit an 153
employee or agent of the park owner to engage, in any of the 154
following acts or practices: 155
(a) Requiring a mobile home owner to use an electronic 156
billing or payment system as the only method to pay the lot 157
rental amount or user fees. 158
(b) Assessing a fee or other charge to a mobile home owner 159
for his or her refusal or inability to pay the lot rental amount 160
or user fees through an electronic billing or payment system 161
used by the mobile home park owner. 162
(c) Using an electronic billing or payment system that 163
requires a mobile home owner to waive individual or collective 164
rights or remedies otherwise provided by law. 165
(d) Using an electronic billing or payment system that 166
collects, or requires access to, a mobile home owner's personal 167
data or data that is stored on a mobile home owner's device 168
beyond which is necessary to make a payment for the lot rental 169
amount or user fees. 170
(2) This section applies prospectively and retroactively 171
to all lot rental agreements existing on July 1, 2026. 172
(3) A person who is injured by a violation of this section 173
may file a complaint with the Department of Legal Affairs. The 174
Department of Legal Affairs has the authority to enforce 175

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compliance with this section. The Department of Legal Affairs 176
may adopt rules to implement this subsection. 177
Section 6. Subsection (2), paragraph (b) of subsection 178
(4), and subsection (6) of section 723.037, Florida Statutes, 179
are amended to read: 180
723.037 Lot rental increases; reduction in services or 181
utilities; change in rules and regulations; mediation.— 182
(2) Notice as required by this section shall, in addition 183
to the information required in subsection (1), must only be 184
required to include the dollar amount of the relevant portions 185
of the present lot rental amount that are being increased and 186
the dollar amount of the proposed increases in lot rental amount 187
if there is an increase in the lot rental amount, the reduction 188
in services or utilities, or the change in rules and regulations 189
and the effective date thereof. If there is a proposed increase 190
in the lot rental amount, all relevant invoices, evidence, or 191
proof that shows the expenses or material factors causing the 192
increase in the lot rental amount must be included in such 193
notice. 194
(4) 195
(b)1. At the meeting, the park owner or subdivision 196
developer shall in good faith disclose and explain all expenses 197
or material factors, including all relevant invoices, evidence, 198
or other proof, resulting in the decision to increase the lot 199
rental amount, reduce services or utilities, or change rules and 200

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regulations, including how those factors justify the specific 201
change proposed. The park owner or subdivision developer may not 202
limit the discussion of the reasons for the change to 203
generalities only, such as, but not limited to, increases in 204
operational costs, changes in economic conditions, or rents 205
charged by comparable mobile home parks. For example, 206
2. If the reason for an increase in lot rental amount is 207
an increase in operational costs, the park owner must disclose 208
and provide evidence of the item or items which have increased, 209
the amount of the increase, any similar item or items which have 210
decreased, and the amount of the decrease. 211
3. If an amenity, a service, or a utility is no longer 212
available to mobile home owners, the park owner must reduce 213
their lot rental amount. 214
4. If an increase is based upon the lot rental amount 215
charged by comparable mobile home parks, the park owner shall 216
disclose, and provide in writing to the committee at or before 217
the meeting, the name, address, lot rental amount, and any other 218
relevant factors relied upon by the park owner, such as 219
facilities, services, and amenities, concerning the comparable 220
mobile home parks. The information concerning comparable mobile 221
home parks to be exchanged by the parties is to encourage a 222
dialogue concerning the reasons used by the park owner for the 223
increase in lot rental amount and to encourage the home owners 224
to evaluate and discuss the reasons for those changes with the 225

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park owner. The park owner shall prepare a written summary of 226
the material factors and retain a copy for 3 years. The park 227
owner shall provide the committee a copy of the summary at or 228
before the meeting. 229
2. The park owner shall not limit the comparable mobile 230
home park disclosure to those mobile home parks that are owned 231
or operated by the same owner or operator as the subject park, 232
except in certain circumstances, which include, but are not 233
limited to: 234
a. That the market area for comparable mobile home parks 235
includes mobile home parks owned or operated by the same entity 236
that have similar facilities, services, and amenities; 237
b. That the subject mobile home park has unique attributes 238
that are shared with similar mobile home parks; 239
c. That the mobile home park is located in a geographic or 240
market area that contains few comparable mobile home parks; or 241
d. That there are similar considerations or factors that 242
would be considered in such a market analysis by a competent 243
professional and would be considered in determining the 244
valuation of the market rent. 245
5. The park owner shall prepare a written summary of the 246
expenses and material factors required in this paragraph and 247
retain a copy for 3 years. The park owner shall provide the 248
committee a copy of the summary at or before the meeting. 249
250

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This subsection is not intended to be enforced by civil or 251
administrative action. Rather, the meetings and discussions are 252
intended to be in the nature of settlement discussions prior to 253
the parties proceeding to mediation of any dispute. 254
(6) If a party requests mediation and the opposing party 255
refuses to agree to mediate upon proper request, the party 256
refusing to mediate is shall not be entitled to attorney 257
attorney's fees in any action relating to a dispute described in 258
this section. Notwithstanding subsections (4) and (5), a person 259
may file a complaint with the Department of Legal Affairs if the 260
park owner fails to provide relevant invoices, evidence, or 261
proof of the expenses or material factors causing a proposed 262
increase in the lot rental amount. The Department of Legal 263
Affairs has the authority to enforce compliance with this 264
section. The Department of Legal Affairs may adopt rules to 265
implement this subsection. 266
Section 7. Subsection (4) of section 723.038, Florida 267
Statutes, is amended to read: 268
723.038 Dispute settlement; mediation.— 269
(4)(a) After the date of the last scheduled meeting held 270
pursuant to s. 723.037(4), the parties to a dispute may agree to 271
immediately select a mediator and initiate mediation proceedings 272
pursuant to this section. The parties may accept the mediator 273
appointed by the division or, within 30 days, select a mediator 274
to mediate the dispute pursuant to subsection (2). 275

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(b) The parties shall each pay a $250 filing fee to the 276
mediator appointed by the division or selected by the parties 277
within 30 days after the division notifies the parties of the 278
appointment of the mediator. The $250 filing fee shall be used 279
by the mediator to defray the hourly rate charged for mediation 280
of the dispute. Any portion of the filing fee not used shall be 281
refunded to the parties. 282
(c) If a party to the dispute refuses to mediate, the 283
other party may file a complaint with the Department of Legal 284
Affairs. Within 10 business days after receipt of the complaint, 285
the Department of Legal Affairs must appoint a mediator and 286
mediation must begin in accordance with this section. 287
Section 8. Paragraphs (a), (b), and (c) of subsection (1) 288
of section 723.061, Florida Statutes, are amended to read: 289
723.061 Eviction; grounds, proceedings.— 290
(1) A mobile home park owner may evict a mobile home 291
owner, a mobile home tenant, a mobile home occupant, or a mobile 292
home only on one or more of the following grounds: 293
(a) Nonpayment of the lot rental amount. If a mobile home 294
owner, or tenant, or occupant, whoever whichever is responsible, 295
fails to pay the lot rental amount when due and such failure to 296
pay is not caused, directly or indirectly, by the park owner's 297
refusal to accept payment for the lot rental amount or because 298
the park owner has restricted the ability of the mobile home 299
owner, tenant, or occupant to pay the lot rental amount when 300

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due, and if the default continues for 10 5 days after delivery 301
of a written demand by the mobile home park owner for payment of 302
the lot rental amount, the park owner may terminate the tenancy. 303
The mobile home owner, tenant, or occupant; a family member or 304
friend of the mobile home owner, tenant, or occupant; or any 305
other person, organization, or charity may pay the lot rental 306
amount by check or an electronic transfer, and such payment must 307
be accepted by the park owner, operator of the mobile home park, 308
or other designee of the park owner. If payment is made by 309
check, the amount due is considered paid at the time the check 310
is delivered to the park owner, operator of the mobile home 311
park, or other designee of the park owner. However, if the 312
mobile home owner, or tenant, or occupant; a family member or 313
friend of the mobile home owner, tenant, or occupant; or any 314
other person, organization, or charity whichever is responsible, 315
pays the lot rental amount due, including any late charges, 316
court costs, and attorney attorney's fees, the court may, for 317
good cause, deny the order of eviction, if such nonpayment has 318
not occurred more than twice. 319
(b) Conviction of a violation of a federal or state law or 320
local ordinance, if the violation is detrimental to the health, 321
safety, or welfare of other residents of the mobile home park. 322
The mobile home owner, or mobile home tenant, or mobile home 323
occupant must vacate the premises within 7 days after the date 324
the notice to vacate is delivered. This paragraph constitutes 325

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grounds to deny an initial tenancy of a purchaser of a home 326
under paragraph (e) or to evict an unapproved occupant of a 327
home. 328
(c) Violation of a park rule or regulation, the rental 329
agreement, or this chapter. 330
1. For the first violation of any properly promulgated 331
rule or regulation, rental agreement provision, or this chapter 332
which is found by any court of competent jurisdiction to have 333
been an act that endangered the life, health, safety, or 334
property of the park residents or employees or the peaceful 335
enjoyment of the mobile home park by its residents, the mobile 336
home park owner may terminate the rental agreement, and the 337
mobile home owner, tenant, or occupant must vacate the premises 338
within 7 days after the notice to vacate is delivered. 339
2. For a second violation of the same properly promulgated 340
rule or regulation, rental agreement provision, or this chapter 341
within 12 months, the mobile home park owner may terminate the 342
tenancy if she or he has given the mobile home owner, tenant, or 343
occupant written notice, within 30 days after the first 344
violation, which specified the actions of the mobile home owner, 345
tenant, or occupant that caused the violation and gave the 346
mobile home owner, tenant, or occupant 7 days to correct the 347
noncompliance. The mobile home owner, tenant, or occupant must 348
have received written notice of the ground upon which she or he 349
is to be evicted at least 30 days before prior to the date on 350

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which she or he is required to vacate. A second violation of a 351
properly promulgated rule or regulation, rental agreement 352
provision, or this chapter within 12 months after of the first 353
violation is unequivocally a ground for eviction, and it is not 354
a defense to any eviction proceeding that a violation has been 355
cured after the second violation. Violation of a rule or 356
regulation, rental agreement provision, or this chapter more 357
than 1 year after the first violation of the same rule or 358
regulation, rental agreement provision, or this chapter does not 359
constitute a ground for eviction under this section. 360
361
A properly promulgated rule or regulation may not be arbitrarily 362
applied and used as a ground for eviction or used as a basis for 363
a mobile home park owner to refuse to accept the payment of the 364
lot rental amount by any means, other than cash, or to otherwise 365
restrict the ability of a mobile home owner, a tenant, or an 366
occupant to pay the lot rental amount when due. 367
Section 9. Paragraph (a) of subsection (1) of section 368
723.0611, Florida Statutes, is amended to read: 369
723.0611 Florida Mobile Home Relocation Corporation.— 370
(1)(a) There is created the Florida Mobile Home Relocation 371
Corporation to address voluntary closures of mobile home parks 372
due to a change in the use of the land comprising the mobile 373
home park. The corporation shall be administered by a board of 374
directors made up of six members, three of whom shall be 375

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appointed by the Secretary of Business and Professional 376
Regulation from a list of nominees submitted by the largest 377
nonprofit association representing mobile home owners in this 378
state, and three of whom shall be appointed by the Secretary of 379
Business and Professional Regulation from a list of nominees 380
submitted by the largest nonprofit association representing the 381
manufactured housing industry in this state. All members of the 382
board of directors, including the chair, shall be appointed to 383
serve for staggered 3-year terms. 384
Section 10. Paragraph (b) of subsection (1) and 385
subsections (4) and (7) of section 723.0612, Florida Statutes, 386
are amended to read: 387
723.0612 Change in use; relocation expenses; payments by 388
park owner.— 389
(1) If a mobile home owner is required to move due to a 390
change in use of the land comprising the mobile home park as set 391
forth in s. 723.061(1)(d) and complies with the requirements of 392
this section, the mobile home owner is entitled to payment from 393
the Florida Mobile Home Relocation Corporation of: 394
(b) The amount of $6,500 $3,000 for a single-section 395
mobile home or $11,500 $6,000 for a multisection mobile home, 396
whichever is less. Moving expenses include the cost of taking 397
down, moving, and setting up the mobile home in a new location. 398
(4) The Florida Mobile Home Relocation Corporation must 399
approve payment within 45 days after receipt of the information 400

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set forth in subsection (3), or payment is deemed approved. A 401
copy of the approval must be forwarded to the park owner with an 402
invoice for payment. Upon approval, the corporation shall issue 403
a voucher in the amount of the contract price for relocating the 404
mobile home. The moving contractor may redeem the voucher within 405
2 years after the date of issuance from the corporation 406
following completion of the relocation and upon approval of the 407
relocation by the mobile home owner. 408
(7) In lieu of collecting payment from the Florida Mobile 409
Home Relocation Corporation as set forth in subsection (1), a 410
mobile home owner may abandon the mobile home in the mobile home 411
park and collect $5,000 $1,375 for a single section and $7,000 412
$2,750 for a multisection from the corporation as long as the 413
mobile home owner delivers to the park owner the current title 414
to the mobile home duly endorsed by the owner of record and 415
valid releases of all liens shown on the title. If a mobile home 416
owner chooses this option, the park owner must pay shall make 417
payment to the corporation $1,375 for a single section mobile 418
home and $2,750 for a multisection mobile home in an amount 419
equal to the amount the mobile home owner is entitled to under 420
this subsection. The mobile home owner's application for funds 421
under this subsection requires shall require the submission of a 422
document signed by the park owner stating that the home has been 423
abandoned under this subsection and that the park owner agrees 424
to make payment to the corporation in the amount provided herein 425

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to the home owner under this subsection. However, in the event 426
that the required documents are not submitted with the 427
application, the corporation may consider the facts and 428
circumstances surrounding the abandonment of the home to 429
determine whether the mobile home owner is entitled to payment 430
under pursuant to this subsection. The mobile home owner is not 431
entitled to any compensation under this subsection if there is a 432
pending eviction action for nonpayment of lot rental amount 433
pursuant to s. 723.061(1)(a) which was filed against him or her 434
before prior to the mailing date of the notice of change in the 435
use of the mobile home park given pursuant to s. 723.061(1)(d). 436
Section 11. Paragraph (b) of subsection (6) of section 437
723.011, Florida Statutes, is amended to read: 438
723.011 Disclosure prior to rental of a mobile home lot; 439
prospectus, filing, approval.— 440
(6) 441
(b) If a park owner violates this section and a lessee 442
suffers a substantial loss or damage to the lessee's mobile home 443
or personal property as a result of flooding, the lessee may 444
terminate the rental agreement by giving a written notice of 445
termination to the park owner no later than 30 days after the 446
date of the damage or loss. Termination of a rental agreement 447
under this section is effective when the requirements of s. 448
723.023(1)(e) s. 723.023(5) are met. For the purpose of this 449
paragraph, the term "substantial loss or damage" means the total 450

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cost of repairs to or replacement of the mobile home and 451
personal property is 50 percent or more of the mobile home and 452
personal property's market value on the date the flooding 453
occurred. 454
Section 12. This act shall take effect July 1, 2026. 455