CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 1990 WL 7521
...2d DCA 1988); Appel v. Scott,
479 So.2d 800 (Fla. 2d DCA 1985); Offner v. Keller Park Investors, I, Ltd.,
19 Fla. Supp.2d 140 (Fla. 6th Cir.Ct. 1986); Fredricks v. Hofmann,
45 Fla. Supp. 44 (Fla. 12th Cir.Ct. 1970) aff'd
354 So.2d 992 (Fla. 2d DCA 1978); Section
723.031(5), Florida Statutes (1987)....
...ences of the debt burden" because the Florida Mobile Home Act seeks to redress "unreasonable" rental charges, not merely those denominated "unconscionable" as evidenced by the use of the former term in various places throughout the Act. See, e.g., §§
723.031(7) and
723.037(4)(a)....
...l increases, there has resulted no successful conclusion, and 51% of the park tenants state in writing that the rent increase is unreasonable, the tenants are entitled to have the dispute submitted to formal mediation pursuant to section
723.038. In section
723.031(7), dealing with the requirement that a prospectus be delivered to the tenant, the legislature used both "unreasonable" and "unconscionable" in the same sentence. [8] To read section
723.031(7) otherwise than that the two *1045 terms are distinct would result in a finding that either "unreasonable" or "unconscionable" is mere surplusage....
...n thereof, may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its meaning and purpose, the relationship of the parties, and other relevant factors to aid the court in making the determination. [8] 723.031 Mobile home lot rental agreements....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1992 WL 26457
..., Largo. JOANOS, Chief Judge. Alfred Herrick (Herrick), owner of Tan Tara Mobile Home Park, appeals a final administrative order issued by the Division of Florida Land Sales, Condominiums, and Mobile Homes (Division), finding Herrick in violation of section 723.031(5) and (6), Florida Statutes....
...matter of custom. Thus, it is the legal effect of Herrick's conduct which is at issue in this case, rather than the conduct itself. On May 5, 1989, the Division issued a notice to show cause against Herrick, charging that the park owner (1) violated section 723.031(5), Florida Statutes, by increasing the lot rental amount on January 1, 1987, and again on October 1, 1987; and (2) violated section 723.031(6), Florida Statutes, by collecting charges for water, sewage, and waste disposal, which charges were not disclosed prior to tenancy and had not been collected as a matter of custom between the park owner and at least one homeowner....
...he manner in which the charges were passed on in this case was contrary to the law and to the park's prospectus and rules and regulations. The hearing officer concluded: 8. Herrick's charges for water and sewer commencing on October 1, 1987, violate Section 723.031(5)(c), F.S....
...bove the $12.50 collected in the base rent during this period. Since Herrick began deducting the $12.50 from the base rent beginning January 1, 1989, he was not required to credit the $12.50 after that date. The record reflects that Herrick violated section 723.031(5), Florida Statutes, by increasing lot rental fees twice during 1987....
...*152 October 1987, when Herrick began charging tenants for water usage on an individual basis, while continuing to collect the $12.50 pro rata monthly fee for water which was included in the base rent. The record also reflects that Herrick violated section 723.031(6), Florida Statutes, by charging tenants for water, sewage, and waste disposal on the basis of individual usage, when this particular manner of collecting for these services had not been disclosed prior to tenancy, and had not been previously collected on the basis of individual usage as a matter of custom....
...(c) Disclosure of the manner in which the pass-through charges will be assessed. ..... (11) The park rules and regulations and an explanation of the manner in which park rules or regulations will be set, changed, or promulgated. (Emphasis supplied.) The provisions governing lot rental agreements are set forth in section 723.031, Florida Statutes, which provides in part: (1) No rental agreement shall contain any rule or regulation prohibited by this chapter, nor shall it provide for promulgation of any rule or regulation inconsistent with this chapter or amendment of any rule or regulation inconsistently with this chapter....
...Pursuant to section
723.037, Herrick was authorized to assess a rent increase and increase in charges assessed for utilities once annually, upon ninety day written notice, provided the increase in utility charges was assessed pro rata in accordance with the prospectus and with section
723.031(5), Florida Statutes....
...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....
