CopyCited 1 times | Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 11162, 1991 WL 227893
PER CURIAM. Section
723.002, Florida Statutes, provides that when a mobile home and lot are rented, eviction of the tenant is by proceedings under Chapter 83, Florida Statutes. A recreational vehicle (§
513.01(5), Fla.Stat.) is not a mobile home (§§
513.01(2) and
723.003(3), Fla.Stat.) as to which section
723.002, Florida Statutes, is applicable....
CopyPublished | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 7088, 1991 WL 134865
...Ford, Jr., of Landis, Graham, French, Husfeld, Sherman & Ford, P.A., DeLand, for appellant. Karl M. Scheuerman, Deputy Gen. Counsel, and James H. Parker, Asst. Gen. Counsel, of Dept. of Business Regulation, Tallahassee, for appellee. PETERSON, Judge. We are asked to construe section 723.002(1), Florida Statutes (1989), [1] to determine whether chapter 723 applies to a mobile home park which at one time had more than ten rental lots on which tenants had placed mobile homes, but which, at the time of alleged violations of the chapter, had only eight tenants remaining....
...One day chapter 723 would apply, and the next day chapter 83 would apply, resulting in an illogical scheme that cannot have been the intent of the legislature. The Division's argument has merit. It is bolstered by the legislature's 1990 amendment to section 723.002 which added the following two sentences to subsection (1): However, this chapter shall continue to apply to any tenancy in a park even though the number of lots offered in that park has been reduced to below ten if *321 that tenancy was subject to the provisions of this chapter prior to the reduction in lots....
...d. Many abuses are available to the park owner if the rule were otherwise including, perhaps, exemption of the last nine tenants from the requirement of payment for relocation. Additionally, we find that the word "placed" in the first sentence of subsection 723.002(1) makes reference to that point in time when a tenant places the mobile home on the rented or leased lot so that, if the rights of chapter 723 apply at that time, they continue to apply to that tenant irrespective of the subsequent reduction of available lots through attrition or design....
...The Division's final order is affirmed with the exception that we vacate that portion of the order requiring payment for relocating the property of Marie Warnock. AFFIRMED in part; VACATED in part. COWART, J., and ANTOON, J., II, Associate Judge, concur. NOTES [1] Section 723.002(1) reads as follows: "The provisions of this chapter apply to any residential tenancy in which a mobile home is placed upon a rented or leased lot in a mobile home park in which ten or more lots are offered for rent or lease....
