Florida Statute 723.038 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 723
MOBILE HOME PARK LOT TENANCIES

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723.038 Dispute settlement; mediation.—

(1) Either party may petition the division to appoint a mediator and initiate mediation proceedings, or the parties may agree to immediately select a mediator and initiate mediation proceedings pursuant to the criteria outlined in subsections (2) and (4).

(2) The division, upon receipt of a petition, shall appoint a qualified mediator to conduct mediation proceedings and notify the parties within 20 days after such appointment, unless the parties timely notify the division in writing that they have selected a mediator. A person appointed by the division or selected by the parties must be a qualified mediator from a list of circuit court mediators in each judicial circuit who has met training and educational requirements established by the Supreme Court. If such mediators are not available, the division or the parties may select a mediator from the list maintained by the Florida Growth Management Conflict Resolution Consortium. The division shall adopt rules of procedure to govern such proceedings in accordance with the rules of practice and procedure adopted by the Supreme Court. The division shall also establish, by rule, the fee to be charged by a mediator which shall not exceed the fee authorized by the circuit court.

(3) A mediator appointed by the division or selected by the parties shall comply with the rules adopted by the division. The mediator shall also notify the division in writing within 10 days after the conclusion of the mediation, that the mediation has been concluded.

(4) After the date of the last scheduled meeting held pursuant to s. 723.037(4), the parties to a dispute may agree to immediately select a mediator and initiate mediation proceedings pursuant to this section. The parties may accept the mediator appointed by the division or, within 30 days, select a mediator to mediate the dispute pursuant to subsection (2). The parties shall each pay a $250 filing fee to the mediator appointed by the division or selected by the parties within 30 days after the division notifies the parties of the appointment of the mediator. The $250 filing fee shall be used by the mediator to defray the hourly rate charged for mediation of the dispute. Any portion of the filing fee not used shall be refunded to the parties.

(5) The parties may agree to select their own mediator, and such mediation shall be governed by the rules of procedure established by the division. The parties, by agreement, may waive mediation, or the petitioning party may withdraw the petition prior to mediation. Upon the conclusion of the mediation, the mediator shall notify the division that the mediation has been concluded.

(6) No resolution arising from a mediation proceeding as provided for in s. 723.037 or this section shall be deemed final agency action. Any party, however, may initiate an action in the circuit court to enforce a resolution or agreement arising from a mediation proceeding which has been reduced to writing. The court shall consider such resolution or agreement to be a contract for the purpose of providing a remedy to the complaining party.

(7) Mediation pursuant to this section is an informal and nonadversarial process. Either party may submit to the opposing party at least 10 days prior to mediation a written request for information.

(8) Each party involved in the mediation proceeding has a privilege to refuse to disclose, and to prevent any person present at the proceeding from disclosing, communications made during such proceeding, whether or not the dispute was successfully resolved. This subsection shall not be construed to prevent or inhibit the discovery or admissibility of any information which is otherwise subject to discovery or admission under applicable law or rules of court. There is no privilege as to communications made in furtherance of the commission of a crime or fraud or as part of a plan to commit a crime or a fraud. Nothing in this subsection shall be construed so as to permit an individual to obtain immunity from prosecution for criminal conduct.

(9) A mediator appointed by the division or selected by the parties pursuant to this section has judicial immunity in the same manner and to the same extent as a judge.

History.—s. 1, ch. 84-80; s. 11, ch. 90-198; s. 9, ch. 92-148; s. 1, ch. 94-102; s. 2, ch. 2024-123.

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Amendments to 723.038

Annotations, Discussions, Cases:

Cases Citing Statute 723.038

Total Results: 6 | Sort by: Relevance | Newest First

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Belcher v. Kier, 558 So. 2d 1039 (Fla. 2d DCA 1990).

Cited 20 times | Published | Florida 2nd District Court of Appeal | 1990 WL 7521

...tion about lot rental 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....

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Vill. Park Mobile Home Ass'n Inc. v. State, Dept. of Bus., 506 So. 2d 426 (Fla. 1st DCA 1987).

Cited 13 times | Published | Florida 1st District Court of Appeal

...hall meet with the park owner to discuss the intended change and, according to subsection (3), within 15 days of the meeting, the home owners, if they decide to contest the change, shall request that the dispute be submitted to mediation pursuant to Section 723.038 if a majority of the home owners have stated, in writing, that the rental increase is unreasonable, the decrease in services was not accompanied by a corresponding decrease in rent, or the change in rules or regulations is unreasonable....

...or arbitration has been submitted to the Division. Subsection (6) provides that if a party refuses to mediate or arbitrate, that party, upon proper request, shall not be entitled to attorneys' fees in any action related to the dispute. *430 Finally, Section 723.038(2) provides that, unless otherwise agreed by the parties, mediation and arbitration is not binding and no resolution of the dispute shall be deemed final agency action....

...r unconscionable lot rental agreements (Section 723.033); (6) mediation or arbitration provisions concerning lot rental increases, reduction in services or utilities, or changes in rules or regulations (Section 723.037); and (7) dispute settlements (Section 723.038)....

...on shall meet with the park owner to discuss the intended changes. According to subsection (3), within 15 days of the meeting, the homeowners, if they decide to contest the change, shall request that the dispute be submitted to mediation pursuant to Section 723.038 if a majority of the homeowners have stated, in writing, that the rental increase is unreasonable, the decrease in services was not accompanied by a corresponding decrease in rent, or the changes in rules or regulations are unreasonable....

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Sun Valley Homeowners, Inc. v. Am. Land Lease, Inc., 927 So. 2d 259 (Fla. 2d DCA 2006).

Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 7081, 2006 WL 1235912

...The statute outlines a process for conducting meetings for the discussion of disputes. § 723.037(4). The statute also sets forth the process for the initiation of formal mediation. § 723.037(5). The details of the mediation process are set forth in section 723.038. Section 723.0381 authorizes the filing of actions in circuit court when mediation has failed....

...vision in section 723.037(1) would have specifically referred to mediation and would not have used the broad term challenge. The fact that the initiation of mediation is addressed in section 723.037 while the initiation of litigation is addressed in section 723.0381 does not affect the analysis of the meaning of the standing provision in section 723.037(1)....

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Lake Haven Mobile Home Owners, Inc. v. Orangeland Vistas, Inc., 408 F. Supp. 2d 1231 (M.D. Fla. 2006).

Published | District Court, M.D. Florida | 2006 U.S. Dist. LEXIS 835, 2006 WL 40897

...bile 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....

...a rent increase before that increase can take effect. The Legislature envisioned a democratic and collective action by homeowners for challenging a rent increase with the board or a committee acting as their representatives. See § 723.037(4), (5); § 723.038; § 723.0381....

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Malco Indus., Inc. v. Featherock Homeowners Ass'n, 854 So. 2d 755 (Fla. 2d DCA 2003).

Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 13020, 2003 WL 22023570

...For the year 2001, the Owner increased the lot rent in Feather-ock and sent the homeowners statutory notice of the increase. Many of the homeowners objected to the increase. The dispute was resolved through a mediation proceeding conducted pursuant to section 723.038, Florida Statutes (2000)....

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Colonial Acres Mobile Homeowners Ass'n v. Wallach, 558 So. 2d 25 (Fla. 4th DCA 1989).

Published | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 978, 1989 Fla. App. LEXIS 2115, 1989 WL 36169

de novo in a court of competent jurisdiction. § 723.038(2), Fla.Stat. (1985). The word unconscionable

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