Florida Statute 723.0381 - 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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723.0381 Civil actions; arbitration.—

(1) A civil action may not be initiated unless the dispute has been submitted to mediation pursuant to s. 723.037(5). After mediation of a dispute pursuant to s. 723.038 has failed to provide a resolution of the dispute, either party may file an action in the circuit court.

(2) The court may refer the action to nonbinding arbitration pursuant to s. 44.103 and the Florida Rules of Civil Procedure. The court shall order the hearing to be held informally with presentation of testimony kept to a minimum and matters presented to the arbitrators primarily through the statements and arguments of counsel. The court shall assess the parties equally to pay the compensation awarded to the arbitrators if neither party requests a trial de novo. If a party has filed for a trial de novo, the party shall be assessed the arbitration costs, court costs, and other reasonable costs of the opposing party, including attorney’s fees, investigation expenses, and expenses for expert or other testimony or evidence incurred after the arbitration hearing if the judgment upon the trial de novo is not more favorable than the arbitration decision. If subsequent to arbitration a party files for a trial de novo, the arbitration decision may be made known to the judge only after he or she has entered his or her order on the merits.

History.—s. 12, ch. 90-198; s. 10, ch. 92-148; s. 61, ch. 95-211; s. 919, ch. 97-102; s. 3, ch. 97-291; s. 3, ch. 2024-123.

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Amendments to 723.0381

Annotations, Discussions, Cases:

Cases Citing Statute 723.0381

Total Results: 4 | Sort by: Relevance | Newest First

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Amber Glades, Inc. v. Leisure Assocs. Ltd. P'ship, 893 So. 2d 620 (Fla. 2d DCA 2005).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 1360, 2005 WL 292265

...otherwise ineffective. Section 723.037(1) requires written authorizations to commence mediation. It is unclear in the statute whether a mobile homeowners association must also have such authorization to bring a lawsuit once the mediation fails. See § 723.0381, Fla....

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Sandpiper Homeowners Ass'n v. Lake Yale, 667 So. 2d 921 (Fla. 5th DCA 1996).

Cited 1 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 1007, 1996 WL 50082

...Chapter 367 was enacted to regulate utilities and chapter 723, termed the Florida Mobile Home Act, was enacted to regulate mobile home lot tenancies. Subsection 367.011(2), Florida Statutes (1993) grants the PSC "exclusive jurisdiction over each utility with respect to its authority, service, and rates," while section 723.0381 provides that disputes arising under the Florida Mobile Home Act may be filed in circuit court....

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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....

...ease 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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