Florida/Georgia Personal Injury & Workers Compensation

...pectus or offering circular was required to be provided to prospective lessees and to current lessees upon renewal of an existing leasehold. See Section 723.011, Florida Statutes. The prospectus is fundamentally a disclosure document. As required by Section 723.012, the prospectus, as drafted by the park owner, must contain certain information and exhibits, including a description of the mobile home park property (Section 723.012(4)(c)), a description of the recreational and other common facilities to be used by the home owners (Section 723.012(5)), the arrangements for management of the park and maintenance and operation of the park property (Section 723.012(6)), a description of all improvements which are required to be installed by the mobile home owner (Section 723.012(7)), a description of the manner in which utility and other services will be provided to the home owners (Section 723.012(8)), an explanation of the manner in which rents and other charges will be raised, including 90 days advance notice and disclosure of any rate increase or pass-through charges, and any other fees, costs or charges to which the home owner may be subjected (Section 723.012(9)), and an explanation of the manner in which park rules or regulations will be set, changed or promulgated, including park regulations currently in effect (Section 723.012(10))....

...The Act requires that the prospectus contain as exhibits any ground lease which may be in effect, covenants and restrictions affecting the park property, and a copy of the rental agreement which will be offered by the park owner in the rental of mobile home lots (Section 723.012(13))....

...f its statutory duties and responsibilities under the Act. See Rule 7D-30.03, Florida Administrative Code. As previously stated, the prospectus is to contain the procedure whereby future rental increases are to be proposed, challenged, and resolved. Section 723.012(9)....

...NOTES [1] The purpose of the prospectus is to disclose to the tenants certain information regarding the operation of the mobile home park; the tenants' obligations to pay certain fees, charges, and assessments; the manner in which such fees will be assessed; and the basis for termination of the tenancy by the park owner. Section 723.012, Fla....

...The prospectus is a document providing full and fair disclosure of the terms and conditions of residency in the mobile home park, and sets forth regulations to which the mobile home owner will be subjected after signing a lot rental agreement. A prospectus must include a description of the mobile home park property (Section 723.012(4)(c)), a description of the recreational and other common facilities to be used by the home owners (Section 723.012(5)), the arrangements for management of the park and maintenance and operation of the park property (Section 723.012(6)), a description of all improvements which are required to be installed by the mobile home owner (Section 723.012(7)), a description of the manner in *589 which utility and other services will be provided to the home owners (Section 723.012(8)), an explanation of the manner in which rents and other charges will be raised, including 90 days advance notice and disclosure of any rate increase or passthrough charges, and any other fees, costs or charges to which the home owner may be subjected (Section 723.012(9)), and an explanation of the manner in which park rules or regulations will be set, changed or promulgated, including park regulations currently in effect (Section 723.012(10))....

...construed to provide that a prospectus is valid only for the period covered by a rental agreement. The Division decided to repeal Rule 61B-31.001(5) because the Division reasoned that the rule no longer accomplished an appropriate implementation of section 723.012 if interpreted in that manner....

...State, Dept. of Business Regulation, Div. of Florida Land Sales, Condominiums and Mobile Homes, 506 So.2d 426, 428 (Fla. 1st DCA), review denied, 513 So.2d 1063 (Fla. 1987). It is drafted by the park owner, and must contain information as specified by section 723.012, Florida Statutes, including a description of the manner in which utilities and other services are to be provided, an explanation of the manner in which lot rentals will be increased, a provision for ninety days advance notice of any...

...mobile home owners residing in the park on the effective date of this act, excepting only rent variations based upon lot location and size, and shall not require any mobile home owner to install any permanent improvements. (Emphasis supplied.) ..... Section 723.012, Florida Statutes, sets forth the information required to be included in the prospectus or offering circular provided to each prospective lessee....

...utilities on an individual basis. This conduct constituted a clear violation of the park prospectus, which specifies that increases in water, sewer, and waste disposal charges "will be passed on to the Tenant(s) on a pro rata basis," and of sections 723.012(8) and 723.031(5)(c) and (6), Florida Statutes....

...v. Strong, 300 So.2d 881, 886-887 (Fla. 1974). The 1986 amendments to Chapter 723 were, for the most part, clarifying in nature. In no sense, did these amendments abrogate a right available to Herrick in the 1985 statutory provisions. For example, section 723.012(8), Florida Statutes (1985), requires the park owner to disclose "[t]he manner in which utility and other services, including, but not limited to, sewage and waste disposal, television, water supply, and storm drainage, will be provid...

...The Lifetime Lease, as an attachment to the Prospectus, had been approved by the Department on March 28, 2006. See §§ 723.011(2), .012(14)(d). The first page of the Prospectus contains four paragraphs, each of which is typed in capital letters and required under the Act. See § 723.012(l)(b)....

...1 (Fla. 1st DCA 1992) (“The purpose of the prospectus is to disclose to the tenants certain information regarding the operation of the mobile home park .... ”); see also Vill. Park, 506 So.2d at 428 (listing the statutory disclosure requirements). Section 723.012, detailing the requirements of the prospectus, mandates that the prospectus include, “in conspicuous type,” the admonition that “[t]he statements contained herein are only summary in nature. A prospective lessee should refer to all references, all exhibits hereto, the contract documents, and sales materials.” § 723.012(1)(b)(2) (emphases added)....

...onsistent. Further, the Department approved the Lifetime Lease executed by Ms. Cashin as part of its statutory duties pursuant to the Act. See § 723.011(l)(d) (tasking the Department with approving amendments to prospectuses and their attachments); § 723.012(14) (requiring lease agreements to be attached to prospectuses)....

...We note, however, that by requiring every prospectus to include, “in conspicuous type,” the admonition to “seek legal advice” should any questions arise regarding a mobile home owner’s legal rights, the legislature clearly contemplated a mobile home owner’s potential need for such advice. See § 723.012(1)....