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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
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An act relating to mobile home park lot tenancies; 2
amending s. 723.037, F.S.; requiring that a petition 3
for mediation be filed with the Division of Florida 4
Condominiums, Timeshares, and Mobile Homes of the 5
Department of Business and Professional Regulation to 6
determine its adequacy and conformance to certain 7
requirements; requiring mobile home owners to provide, 8
in a specified manner, certain documents to a m obile 9
home park owner; authorizing a mobile home park owner 10
and the mobile home owners, by mutual agreement, to 11
select a mediator; requiring the division to dismiss a 12
petition for mediation under certain circumstances; 13
authorizing a mobile home park owner to file 14
objections to the petition for mediation within a 15
specified timeframe; requiring the division to assign 16
a mediator within a specified timeframe under certain 17
circumstances; amending s. 723.038, F.S.; authorizing 18
the parties to a dispute to agree to immediately 19
select a mediator and initiate mediation proceedings; 20
requiring the division to appoint a qualified mediator 21
and notify the parties within a specified timeframe; 22
conforming a provision to changes made by the act; 23
amending s. 723.0381, F.S.; pr ohibiting the initiation 24
of a civil action unless the dispute is first 25
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submitted to mediation; amending s. 723.051, F.S.; 26
providing that a live -in health care aide must have 27
ingress and egress to and from a mobile home owner's 28
site without such owner or ai de being required to pay 29
additional rent, a fee, or any charge; requiring a 30
mobile home owner to pay the cost of any necessary 31
background check for the live -in health care aide; 32
specifying that a live -in health care aide does not 33
have any rights of tenancy in the mobile home park; 34
requiring a mobile home owner to notify the park owner 35
or park manager of certain information relating to the 36
live-in aide; requiring the mobile home owner to 37
remove the live-in health care aide and cover certain 38
costs associated with such removal if necessary; 39
requiring the division to adopt rules; providing an 40
effective date. 41
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Be It Enacted by the Legislature of the State of Florida: 43
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Section 1. Paragraphs (b), (c), and (d) of subsection (5) 45
of section 723.037, Florida St atutes, are redesignated as 46
paragraphs (c), (d), and (e), respectively, present paragraph 47
(b) of that subsection is amended, and new paragraphs (b), (f), 48
(g), and (h) are added to that subsection, to read: 49
723.037 Lot rental increases; reduction in servi ces or 50
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utilities; change in rules and regulations; mediation. — 51
(5) 52
(b) A petition for mediation must be filed with the 53
division in all cases for a determination of adequacy and 54
conformance of the petition with the requirements in paragraph 55
(a). Upon filing the petition with the division, the mobile home 56
owners must provide to the park owner, by certified mail, return 57
receipt requested, a copy of all of the following: 58
1. The home owners' petition for mediation on a form 59
adopted by the division by rule. 60
2. The written designation required by this subsection, 61
which must include the lot identification for each signature. 62
3. The notice or notices of a lot rental increase, 63
reduction in services or utilities, or change in rules and 64
regulations which is bei ng challenged as unreasonable. 65
4. The records that verify the selection of the 66
homeowners' committee in accordance with subsection (4). 67
(c)(b) A park owner, within the same time period, may also 68
petition the division to initiate mediation of the disput e 69
pursuant to s. 723.038 . 70
(f) As an alternative to the appointment of a mediator by 71
the division, the park owner and the mobile home owners may, by 72
mutual agreement, select a mediator pursuant to s. 723.038(2) 73
and (4). 74
(g) The division must dismiss a p etition for mediation if 75
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the park owner and mobile home owners fail to comply with this 76
subsection. 77
(h) Within 10 days after receipt of a petition from the 78
mobile home owners, the park owner may file objections to the 79
petition with the division. The divi sion must dismiss any 80
petition that is not timely filed, does not meet the 81
requirements of this subsection, or is otherwise found deficient 82
by the division. If a mediator has not been selected pursuant to 83
paragraph (f), the division must assign a mediator within 10 84
days after receipt of the park owner's objection to the 85
petition. 86
87
The purpose of this subsection is to encourage discussion and 88
evaluation by the parties of the comparable mobile home parks in 89
the competitive market area. The requirements of this subsection 90
are not intended to be enforced by civil or administrative 91
action. Rather, the meetings and discussions are intended to be 92
in the nature of settlement discussions before prior to the 93
parties proceed proceeding to litigation of any dispute. 94
Section 2. Subsections (1), (2), (4), and (9) of section 95
723.038, Florida Statutes, are amended to read: 96
723.038 Dispute settlement; mediation. — 97
(1) Either party may petition the division to appoint a 98
mediator and initiate mediation proceedings or the parties may 99
agree to immediately select a mediator and initiate mediation 100
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proceedings pursuant to the criteria outlined in subsections (2) 101
and (4). 102
(2) The division, upon receipt of a petition, shall 103
appoint a qualified mediator to conduct mediation proceedings 104
and notify the parties within 20 days after such appointment, 105
unless the parties timely notify the division in writing that 106
they have selected a mediator. A person appointed by the 107
division or selected by the parties must shall be a qualified 108
mediator from a list of circuit court mediators in each judicial 109
circuit who has met training and educational requirements 110
established by the Supreme Court. If such mediators are not 111
available, the division or the parties may select a mediator 112
from the list maintained by the Florida Growth Management 113
Conflict Resolution Consortium. The division shall adopt 114
promulgate rules of procedure to govern such proceedings in 115
accordance with the rules of practice and pro cedure adopted by 116
the Supreme Court. The division shall also establish, by rule, 117
the fee to be charged by a mediator which shall not exceed the 118
fee authorized by the circuit court. 119
(4) After the date of the last scheduled meeting held 120
pursuant to s. 723.037(4), the parties to a dispute may agree to 121
immediately select a mediator and initiate mediation proceedings 122
pursuant to this section Upon receiving a petition to mediate a 123
dispute, the division shall, within 20 days, notify the parties 124
that a mediator has been appointed by the division . The parties 125
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may accept the mediator appointed by the division or, within 30 126
days, select a mediator to mediate the dispute pursuant to 127
subsection (2). The parties shall each pay a $250 filing fee to 128
the mediator appointed by the division or selected by the 129
parties, within 30 days after the division notifies the parties 130
of the appointment of the mediator. The $250 filing fee shall be 131
used by the mediator to defray the hourly rate charged for 132
mediation of the dispute. Any po rtion of the filing fee not used 133
shall be refunded to the parties. 134
(9) A mediator appointed by the division or selected by 135
the parties pursuant to this section has shall have judicial 136
immunity in the same manner and to the same extent as a judge. 137
Section 3. Subsection (1) of section 723.0381, Florida 138
Statutes, is amended to read: 139
723.0381 Civil actions; arbitration. — 140
(1) A civil action may not be initiated unless the dispute 141
has been submitted to mediation pursuant to s. 723.037(5). After 142
mediation of a dispute pursuant to s. 723.038 has failed to 143
provide a resolution of the dispute, either party may file an 144
action in the circuit court. 145
Section 4. Subsection (1) of section 723.051, Florida 146
Statutes, is amended to read: 147
723.051 Invitees and live-in health care aides ; rights and 148
obligations.— 149
(1) An invitee of a mobile home owner , or a live-in health 150
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care aide as provided for in the federal Fair Housing Act, must 151
shall have ingress and egress to and from the mobile home 152
owner's site without the mobile home owner, live-in health care 153
aide, or invitee being required to pay additional rent, a fee, 154
or any charge whatsoever , except that the mobile home owner must 155
pay the cost of a background check for the live -in health care 156
aide if one is required . Any mobile home park rule or regulation 157
providing for fees or charges contrary to the terms of this 158
section is null and void. The live-in health care aide does not 159
have any rights of tenancy in the mobile home park and the 160
mobile home owner must notify the park owner or park manager of 161
the name of the live -in health care aide and provide the 162
information required to have the background check, if one is 163
necessary. The mobile home owner has the responsibility to 164
remove the live-in health care aide should it become necessary 165
and to cover the costs associated with such removal. 166
Section 5. The Division of Florida Condominiums, 167
Timeshares, and Mobile Homes of the Department of Business and 168
Professional Regulation shall adopt rules to imp lement and 169
administer this act. 170
Section 6. This act shall take effect July 1, 2024. 171