Florida/Georgia Personal Injury & Workers Compensation

...ned to protect homeowners aggrieved by violations of Chapter 723. The Act provides for: (1) the enforcement of rights or *431 duties under certain sections of the Act by civil action after the party has exhausted its administrative remedies, if any (Section 723.004(4)); (2) powers and duties of the Division including investigatory powers and the duty to institute enforcement proceedings in its own name (Section 723.006); (3) the obligation of good faith and fair dealings in rental agreements (Se...

...Mobile home owners and mobile home park owners are in a peculiar tenancy relationship referred to by the Florida Supreme Court as "a hybrid type of property relationship" distinct from a traditional landlord/tenant relationship. Stewart v. Green, 300 So.2d at 892; see also § 723.004, Fla.Stat....

...It recognizes that when such inequalities exist between mobile home owners and mobile home park owners as a result of such unique factors, regulation to protect those parties to the extent that they are affected by the inequalities, while preserving and protecting the rights of both parties, is required. Fla. Stat. § 723.004(1)....

...ice power in view of the fact that this enterprise peculiarly affects the public interest and bears a substantial relation to the public health, safety, morals, and general welfare. Strong, 300 So.2d at 884. See Stewart, 300 So.2d at 891; Fla. Stat. § 723.004(1)....

provoke[s] a breach of the peace”); Iowa Code § 723.4 (providing that “disorderly conduct” includes any

...The explanation centers on the risk of an adverse judgment awarding attorneys' fees and costs in an action filed under chapter 723, Florida Statutes (2003). Mobile home parks are heavily regulated by the state. The legislature has actually preempted this subject. See § 723.004, Fla....

...the mobile home owner and the mobile home park owner and has found that protection of the property rights of mobile home owners in a mobile home park as well as the business interests and property rights of the mobile home park owner is required. 2 Section 723.004 (2), Florida Statutes, states: "There is hereby expressly preempted to the state all regulation and control of mobile home lot rents in mobile home parks and all those other matters and things relating to the landlord-tenant relationship treated by or falling within the purview of this chapter ....

...10 Accordingly, it is my opinion that the county may not adopt an ordinance imposing additional conditions to the vacation of a mobile home park where the owner of the park has followed the mandates of Chapter 723 , Florida Statutes. Sincerely, Bill McCollum Attorney General BM/tals 1 See s. 723.002 (1), Fla. Stat. 2 Section 723.004 (1), Fla. Stat. 3 Section 723.004 (3), Fla....

...Recognizing the "inherently real and substantial differences which distinguish [this landlord-tenant relationship] from other landlord-tenant relationships," the Florida Legislature enacted the Florida Mobile Home Act in 1984 (Fla. Stat. §§ 723.001 et seq. ). See § 723.004. In short, the Act strikes a regulatory balance between safeguarding homeowners from abuse and protecting the park owners' legitimate business interests. See § 723.004(1)....

...To implement its goals, the Legislature preempted to the state (as opposed to local governments) all "regulation and control" of "mobile home lot rents" and "other matters" relating to the landlord-tenant relationship "falling within the purview of this chapter." § 723.004(2) and (3)....

...and sale of mobile home parks. § 723.005. The scheme also empowered homeowners and to a lesser extent a homeowners' board of directors or a committee of homeowners to take civil action after exhausting available administrative remedies. See e.g. §§ 723.004(5), 723.0381, 723.056....

...rd's theory contravenes the stated legislative intent for the Act: "to protect those parties [homeowners and park owners] to the extent that they are affected by the inequalities, while preserving and protecting the rights of both parties . . ." See § 723.004(1)....