HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 1 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to mobile and manufactured homes; 2
amending s. 212.05, F.S.; providing a tax for the sale 3
of pre-owned mobile homes and pre -owned manufactured 4
homes; amending s. 723.003, F.S.; revising 5
definitions; amending s. 723.005, F.S.; authorizing 6
the Office of the Attorney General, rather than the 7
Division of Florida Condominiums, Timeshares, and 8
Mobile Homes, to enforce certain compliance; amending 9
s. 723.022, F.S.; revising mobile home park owners' 10
obligations; amending s. 723.037, F.S.; authorizing 11
mobile home park owners and mobile home owners to 12
initiate presuit mediation without petitioning the 13
division; making technical changes; amending s. 14
723.038, F.S.; revising the dispute resolution 15
process; removing the requirement that parties 16
petition the division to initiate mediation; 17
authorizing parties to submit certain disputes to 18
presuit mediation; providing that some disputes are 19
not eligible for presuit mediation; removing 20
provisions to conform to changes made by the act; 21
amending s. 723.0381, F.S. ; authorizing parties to 22
file actions in circuit court under certain 23
conditions; amending s. 723.059, F.S.; providing 24
requirements for screening prospective purchasers; 25
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 2 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
amending s. 723.068, F.S.; authorizing courts to award 26
treble damages in certain procee dings; requiring 27
courts to state basis for treble damages award in 28
their judgments; amending s. 723.079, F.S.; 29
authorizing homeowners' associations to institute, 30
maintain, settle, and appeal certain actions and 31
hearings; providing an effective date. 32
33
Be It Enacted by the Legislature of the State of Florida: 34
35
Section 1. Paragraph (o) is added to subsection (1) of 36
section 212.05, Florida Statutes, to read: 37
212.05 Sales, storage, use tax. —It is hereby declared to 38
be the legislative intent that every person is exercising a 39
taxable privilege who engages in the business of selling 40
tangible personal property at retail in this state, including 41
the business of making or facilitating remote sales; who rents 42
or furnishes any of the things or services taxable under this 43
chapter; or who stores for use or consumption in this state any 44
item or article of tangible personal property as defined herein 45
and who leases or rents such property within the state. 46
(1) For the exercise of such privilege, a tax is levied on 47
each taxable transaction or incident, which tax is due and 48
payable as follows: 49
(o) At the rate of 0 percent of the sales price on the 50
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 3 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
sale of a pre-owned mobile home, as defined in s. 723.003, or a 51
pre-owned manufactured home, as defined in s. 320.01(2)( b). 52
Section 2. Subsection (7) and subsections (8) through (17) 53
of section 723.003, Florida Statutes, are renumbered as 54
subsection (17) and subsections (7) through (16), respectively, 55
and present subsection (7) and subsection (18) of that section 56
are amended to read: 57
723.003 Definitions. —As used in this chapter, the term: 58
(17)(7)(a) "Presuit mediation" means a process whereby a 59
mediator appointed by the Division of Florida Condominiums, 60
Timeshares, and Mobile Homes, or mutually selected by the 61
parties, acts to encourage and facilitate the resolution of a 62
dispute. It is an informal and nonadversarial process with the 63
objective of helping the disputing parties reach a mutually 64
acceptable agreement. 65
(b) For purposes of presuit mediation under ss. 723.0 37 66
and 723.038, the term "parties" means a park owner as defined in 67
subsection (12)(13) and a homeowners' committee selected 68
pursuant to s. 723.037. 69
(18) "Proportionate share" as used in subsection (16)(17) 70
means an amount calculated by dividing equally among the 71
affected developed lots in the park the total costs for the 72
necessary and actual direct costs and impact or hookup fees 73
incurred for governmentally mandated capital improvements 74
serving the recreational and common areas and all affected 75
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 4 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
developed lots in the park. 76
Section 3. Section 723.005, Florida Statutes, is amended 77
to read: 78
723.005 Regulation by division and Office of the Attorney 79
General.—The division has the power and duty to enforce and 80
ensure compliance with the provisions of this chapter and rules 81
adopted promulgated pursuant hereto relating to the rental, 82
development, and sale of mobile home parks . However, The Office 83
of the Attorney General has division does not have the power and 84
or duty to enforce compliance with this chapter an d the rules 85
adopted pursuant hereto, including mobile home park rules and 86
regulations or to enforce the provisions of ss. 723.022, 87
723.023, and 723.033. 88
Section 4. Subsections (3), (4), and (5) of section 89
723.022, Florida Statutes, are renumbered as su bsections (4), 90
(5), and (6), respectively, present subsection (3) is amended, 91
and a new subsection (3) and subsections (7) and (8) are added 92
to that section, to read: 93
723.022 Mobile home park owner's general obligations. —A 94
mobile home park owner shall at all times: 95
(3) Maintain improvements located on a mobile home lot for 96
which the park owner is responsible in a good state of repair 97
and maintenance and maintain such improvements in a good state 98
of appearance, safety, and cleanliness. 99
(4)(3) Provide mobile home owners and their guests, 100
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 5 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
homeowners' associations organized under this chapter, and other 101
groups or entities organized by mobile home owners use and 102
access to the common areas, including buildings and improvements 103
thereto, at all reasonable tim es without charging additional 104
fees or requiring additional insurance coverage, if the use and 105
access is already covered by an existing insurance policy held 106
by the park owner for the benefit of the park residents and 107
their guests. 108
(7) Refrain from enfor cing any park rule or regulation 109
that is not adopted in accordance with ss. 723.035 and 723.037. 110
(8) Refrain from collecting any lot rental increases that 111
are subject to pending mediation or litigation. 112
Section 5. Subsections (4) through (7) of secti on 723.037, 113
Florida Statutes, are amended to read: 114
723.037 Lot rental increases; reduction in services or 115
utilities; change in rules and regulations; presuit mediation.— 116
(4)(a) A committee, not to exceed five in number, 117
designated by a majority of the affected mobile home owners or 118
by the board of directors of the homeowners' association, if 119
applicable, and the park owner shall meet, at a mutually 120
convenient time and place no later than 60 days before the 121
effective date of the change to discuss the reas ons for the 122
increase in lot rental amount, reduction in services or 123
utilities, or change in rules and regulations. The negotiating 124
committee shall make a written request for a meeting with the 125
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 6 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
park owner or subdivision developer to discuss those matters 126
addressed in the 90-day notice, and may include in the request a 127
listing of any other issue, with supporting documentation, that 128
the committee intends to raise and discuss at the meeting. The 129
committee shall address all lot rental amount increases that are 130
specified in the notice of lot rental amount increase, 131
regardless of the effective date of the increase. 132
(b)1. At the meeting, the park owner or subdivision 133
developer shall in good faith disclose and explain all material 134
factors resulting in the decision to increase the lot rental 135
amount, reduce services or utilities, or change rules and 136
regulations, including how those factors justify the specific 137
change proposed. The park owner or subdivision developer may not 138
limit the discussion of the reasons for the change to 139
generalities only, such as, but not limited to, increases in 140
operational costs, changes in economic conditions, or rents 141
charged by comparable mobile home parks. For example, if the 142
reason for an increase in lot rental amount is an increase in 143
operational costs, the park owner must disclose the item or 144
items which have increased, the amount of the increase, any 145
similar item or items which have decreased, and the amount of 146
the decrease. If an increase is based upon the lot rental amount 147
charged by comparable mobile home parks, the park owner shall 148
disclose, and provide in writing to the committee at or before 149
the meeting, the name, address, lot rental amount, and any other 150
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 7 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
relevant factors relied upon by the park owner, such as 151
facilities, services, and amenities, concerning the comparable 152
mobile home parks. The information concerning comparable mobile 153
home parks to be exchanged by the parties is to encourage a 154
dialogue concerning the reasons used by the park owner for the 155
increase in lot rental amou nt and to encourage the home owners 156
to evaluate and discuss the reasons for those changes with the 157
park owner. The park owner shall prepare a written summary of 158
the material factors and retain a copy for 3 years. The park 159
owner shall provide the committee a copy of the summary at or 160
before the meeting. 161
2. The park owner may shall not limit the comparable 162
mobile home park disclosure to those mobile home parks that are 163
owned or operated by the same owner or operator as the subject 164
park, except in certain ci rcumstances, which include, but are 165
not limited to: 166
a. That the market area for comparable mobile home parks 167
includes mobile home parks owned or operated by the same entity 168
that have similar facilities, services, and amenities; 169
b. That the subject mobi le home park has unique attributes 170
that are shared with similar mobile home parks; 171
c. That the mobile home park is located in a geographic or 172
market area that contains few comparable mobile home parks; or 173
d. That there are similar considerations or fac tors that 174
would be considered in such a market analysis by a competent 175
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 8 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
professional and would be considered in determining the 176
valuation of the market rent. 177
(c) If the committee disagrees with a park owner's lot 178
rental amount increase based upon comparab le mobile home parks, 179
the committee shall disclose to the park owner the name, 180
address, lot rental amount, and any other relevant factors 181
relied upon by the committee, such as facilities, services, and 182
amenities, concerning the comparable mobile home parks . The 183
committee shall provide to the park owner the disclosure, in 184
writing, within 15 days after the meeting with the park owner, 185
together with a request for a second meeting. The park owner 186
shall meet with the committee at a mutually convenient time and 187
place within 30 days after receipt by the park owner of the 188
request from the committee to discuss the disclosure provided by 189
the committee. At the second meeting, the park owner may take 190
into account the information on comparable parks provided by the 191
committee, may supplement the information provided to the 192
committee at the first meeting, and may modify his or her 193
position, but the park owner may not change the information 194
provided to the committee at the first meeting. 195
(d) The committee and the park owne r may mutually agree, 196
in writing, to extend or continue any meetings required by this 197
section. 198
(e) Either party may prepare and use additional 199
information to support its position during or subsequent to the 200
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 9 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
meetings required by this section. 201
202
This subsection is not intended to be enforced by civil or 203
administrative action. Rather, the meetings and discussions are 204
intended to be in the nature of settlement discussions prior to 205
the parties proceeding to presuit mediation of any dispute. 206
(5)(a) Within 30 days after the date of the last scheduled 207
meeting described in subsection (4), the homeowners may petition 208
the division to initiate presuit mediation of the dispute 209
pursuant to s. 723.038 if a majority of the affected homeowners 210
have designated, in writing, that: 211
1. The rental increase is unreasonable; 212
2. The rental increase has made the lot rental amount 213
unreasonable; 214
3. The decrease in services or utilities is not 215
accompanied by a corresponding decrease in rent or is otherwise 216
unreasonable; or 217
4. The change in the rules and regulations is 218
unreasonable. 219
(b) A park owner, within the same time period, may also 220
petition the division to initiate presuit mediation of the 221
dispute pursuant to s. 723.038 . 222
(c) When a dispute involves a rental increase for 223
different home owners and there are different rates or different 224
rental terms for those home owners, all such rent increases in a 225
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 10 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
calendar year for one mobile home park may be considered in one 226
mediation proceeding. 227
(d) At presuit mediation, the park owner and the 228
homeowners committee may supplement the information provided to 229
each other at the meetings described in subsection (4) and may 230
modify their position, but they may not change the information 231
provided to each other at the first and second meetings. 232
233
The purpose of this subsection is to encourage discussion and 234
evaluation by the parties of the comparable mobile home parks in 235
the competitive market area. The requirements of this subsection 236
are not intended to be enforced by civil or administrative 237
action. Rather, the meetings and discussions are intended to be 238
in the nature of settlement discussions before prior to the 239
parties proceeding to litigation of any dispute. 240
(6) If a party requests presuit mediation and the opposing 241
party refuses to agree to mediate upon proper request, the party 242
refusing to mediate is shall not be entitled to attorney 243
attorney's fees in any action relating to a dispute described in 244
this section. 245
(7) The term "parties," for purposes of presuit mediation 246
under this section and s. 723.038, means a park owner and a 247
homeowners' committee selected pursuant to this section. 248
Section 6. Section 723.038, Florida Statutes, is amended 249
to read: 250
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 11 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
723.038 Presuit Dispute settlement; mediation.—A party may 251
submit a dispute arising under this chapter to presuit mediation 252
in accordance with s. 720.311. However, election and recall 253
disputes or disputes regarding the inspection and photocopying 254
of official records are not eligible for presuit mediation and 255
must be arbitrated by the division or filed in a court of 256
competent jurisdiction. Disputes relating to evictions under s. 257
723.061 are not eligible for presuit mediation under this 258
section. 259
(1) Either party ma y petition the division to appoint a 260
mediator and initiate mediation proceedings. 261
(2) The division upon petition shall appoint a qualified 262
mediator to conduct mediation proceedings unless the parties 263
timely notify the division in writing that they have s elected a 264
mediator. A person appointed by the division shall be a 265
qualified mediator from a list of circuit court mediators in 266
each judicial circuit who has met training and educational 267
requirements established by the Supreme Court. If such mediators 268
are not available, the division may select a mediator from the 269
list maintained by the Florida Growth Management Conflict 270
Resolution Consortium. The division shall promulgate rules of 271
procedure to govern such proceedings in accordance with the 272
rules of practice and procedure adopted by the Supreme Court. 273
The division shall also establish, by rule, the fee to be 274
charged by a mediator which shall not exceed the fee authorized 275
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 12 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
by the circuit court. 276
(3) A mediator appointed by the division or selected by 277
the parties shall comply with the rules adopted by the division. 278
The mediator shall also notify the division in writing within 10 279
days after the conclusion of the mediation, that the mediation 280
has been concluded. 281
(4) Upon receiving a petition to mediate a dispute, the 282
division shall, within 20 days, notify the parties that a 283
mediator has been appointed by the division. The parties may 284
accept the mediator appointed by the division or, within 30 285
days, select a mediator to mediate the dispute. The parties 286
shall each pay a $250 filing fee to the mediator appointed by 287
the division or selected by the parties, within 30 days after 288
the division notifies the parties of the appointment of the 289
mediator. The $250 filing fee shall be used by the mediator to 290
defray the hourly rat e charged for mediation of the dispute. Any 291
portion of the filing fee not used shall be refunded to the 292
parties. 293
(5) The parties may agree to select their own mediator, 294
and such mediation shall be governed by the rules of procedure 295
established by the div ision. The parties, by agreement, may 296
waive mediation, or the petitioning party may withdraw the 297
petition prior to mediation. Upon the conclusion of the 298
mediation, the mediator shall notify the division that the 299
mediation has been concluded. 300
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 13 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(6) No resolution arising from a mediation proceeding as 301
provided for in s. 723.037 or this section shall be deemed final 302
agency action. Any party, however, may initiate an action in the 303
circuit court to enforce a resolution or agreement arising from 304
a mediation proceeding which has been reduced to writing. The 305
court shall consider such resolution or agreement to be a 306
contract for the purpose of providing a remedy to the 307
complaining party. 308
(7) Mediation pursuant to this section is an informal and 309
nonadversarial proce ss. Either party may submit to the opposing 310
party at least 10 days prior to mediation a written request for 311
information. 312
(8) Each party involved in the mediation proceeding has a 313
privilege to refuse to disclose, and to prevent any person 314
present at the proceeding from disclosing, communications made 315
during such proceeding, whether or not the dispute was 316
successfully resolved. This subsection shall not be construed to 317
prevent or inhibit the discovery or admissibility of any 318
information which is otherwise s ubject to discovery or admission 319
under applicable law or rules of court. There is no privilege as 320
to communications made in furtherance of the commission of a 321
crime or fraud or as part of a plan to commit a crime or a 322
fraud. Nothing in this subsection shal l be construed so as to 323
permit an individual to obtain immunity from prosecution for 324
criminal conduct. 325
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 14 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(9) A mediator appointed pursuant to this section shall 326
have judicial immunity in the same manner and to the same extent 327
as a judge. 328
Section 7. Subsection (1) of section 723.0381, Florida 329
Statutes, is amended to read: 330
723.0381 Civil actions; arbitration. — 331
(1) If an aggrieved party serves a demand for presuit 332
mediation and the responding party refuses or fails to 333
participate in presuit mediation, or if presuit after mediation 334
fails of a dispute pursuant to s. 723.038 has failed to provide 335
a resolution of the dispute, either party may file an action in 336
the circuit court. 337
Section 8. Subsection (2) of section 723.059, Florida 338
Statutes, is amended to read: 339
723.059 Purchaser of a mobile home within a mobile home 340
park.— 341
(2) Properly adopted promulgated rules may provide for the 342
screening of any prospective purchaser to determine whether or 343
not such purchaser is qualified to become a tenant of the park. 344
Rules adopted regarding the screening of a prospective purchaser 345
must include all of the following requirements: 346
(a) The screening of a prospective purchaser must be 347
completed within 15 business days after the submission of an 348
application to the pa rk owner or park manager. The park owner or 349
park manager must notify, in writing, the prospective purchaser 350
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 15 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
within 15 days after the submission of the application whether 351
the application is approved or denied. If the park owner or park 352
manager does not pro vide written notification to the prospective 353
purchaser as required in this paragraph, the prospective 354
purchaser's application is considered approved. 355
(b) If a park owner or park manager denies an application 356
of a prospective purchaser, the reason for the denial must be 357
disclosed in writing to the prospective purchaser. A park owner 358
or park manager may not deny an application of a prospective 359
purchaser based on discriminatory or retaliatory reasons or for 360
any other reason that is a violation of state or fe deral law. 361
(c)1. If a park owner or park manager charges a fee for 362
purposes of screening a prospective purchaser, such fee may not 363
exceed the actual costs of the screening or $100 per applicant, 364
whichever is less. 365
2. The park owner or park manager may adjust the $100 366
maximum screening fee every 5 years in an amount equal to the 367
total of the annual increases occurring in the Consumer Price 368
Index for All Urban Consumers, U.S. City Average, All Items 369
compiled by the United States Department of Labor during that 5-370
year period. 371
3. For the purpose of calculating the screening fee, 372
spouses, parents, and dependent children are considered one 373
applicant. 374
Section 9. Section 723.068, Florida Statutes, is amended 375
HB 751 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0751-00
Page 16 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to read: 376
723.068 Attorney Attorney's fees and damages.—Except as 377
provided in s. 723.037, in any proceeding between private 378
parties to enforce the rights and protections provisions of this 379
chapter or for damages arising out of the failure of a party to 380
comply with this chapter , the prevailing party is entitled to a 381
reasonable attorney attorney's fee. A court may award treble 382
damages to a prevailing mobile home owner or homeowners' 383
association and must state the basis for the treble damages 384
award in its judgment. 385
Section 10. Subsection (1) of section 723.079, Florida 386
Statutes, is amended to read: 387
723.079 Powers and duties of homeowners' association. — 388
(1) An association may contract, sue, or be sued with 389
respect to the exercise or nonexercise of its powers. For these 390
purposes, the powers of the association include, but are not 391
limited to, the maintenance, management, and operation of the 392
park property and the power to institute, maintain, settle, or 393
appeal actions or hearings in its name on behalf of all mobile 394
home owners concerning matters of common interest to most or all 395
mobile home owners involving disputes arising under this 396
chapter. 397
Section 11. This act shall take effect July 1, 2023. 398