Florida Statute 723.058 - 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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723.058 Restrictions on sale of mobile homes.—

(1) No mobile home park owner or subdivision developer shall make or enforce any rule, regulation, or rental agreement provision which denies or abridges the right of any mobile home owner or owner of a lot in a mobile home subdivision to sell his or her mobile home within the park or mobile home subdivision; which prohibits the mobile home owner or the owner of a lot in a mobile home subdivision from placing a “for sale” sign on or in his or her mobile home (except that the size, placement, and character of all signs are subject to properly promulgated and reasonable rules and regulations of the mobile home park or mobile home subdivision); or which requires the mobile home owner or the owner of a lot in a mobile home subdivision to remove the mobile home from the park or mobile home subdivision solely on the basis of the sale thereof.

(2) The park owner or subdivision developer shall not exact a commission or fee with respect to the price realized by the seller unless the park owner or subdivision developer has acted as agent for the mobile home owner or the owner of a lot in a mobile home subdivision in the sale pursuant to a written contract.

(3) No mobile home owner, owner of a lot in a mobile home subdivision, or purchaser of an existing mobile home located within a park or mobile home subdivision, as a condition of tenancy, or to qualify for tenancy, or to obtain approval for tenancy in a mobile home park or mobile home subdivision, shall be required to enter into, extend, or renew a resale agreement.

(4) No resale agreement shall be construed to be of perpetual or indefinite duration. Any duration shall be construed to expire 6 months following written notice from the homeowner to the park owner or subdivision developer informing the park owner or subdivision developer that the homeowner is placing his or her mobile home for sale, and requesting the park owner or subdivision developer to utilize his or her best efforts to sell the mobile home on the homeowner’s behalf. Any extension or renewal of a resale agreement shall be in writing and shall be of specified duration.

(5) No mobile home park owner or subdivision developer shall impose a discriminatory increase in lot rental amount upon a mobile home owner, owner of a lot in a mobile home subdivision, or purchaser of an existing mobile home within the park or mobile home subdivision based upon the failure or refusal of such mobile home owner, owner of a lot in a mobile home subdivision, or purchaser to enter into, extend, or renew a resale agreement prohibited by subsection (3).

History.—s. 1, ch. 84-80; s. 14, ch. 90-198; s. 2, ch. 91-202; s. 923, ch. 97-102.

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Amendments to 723.058

Annotations, Discussions, Cases:

Cases Citing Statute 723.058

Total Results: 2 | Sort by: Relevance | Newest First

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T & W Developers, Inc. v. Salmonsen, 31 So. 3d 298 (Fla. 5th DCA 2010).

Cited 7 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 4291, 2010 WL 1233481

...award of attorney's fees. Appellees contend the trial court properly awarded them attorney's fees on count II because T & W's complaint alleged that this count, in part, arose under chapter 723, the deed of restrictions was amended in derogation of section 723.058, and the prevailing party was entitled to attorney's fees pursuant to section 723.068....

...Based on the foregoing, we reverse the trial court's award of attorney's fees and costs to Appellees. REVERSED. SAWAYA, J., concurs. LAWSON, J., dissents, with opinion. LAWSON, J., dissenting. I would affirm the award of attorney's fees to Appellees. Section 723.058(1), Florida Statutes, provides, in relevant part, that: No mobile home park owner or subdivision developer shall make or enforce any rule, regulation, or rental agreement provision which denies or abridges the right of any mobile home...

...sell to younger buyers. Because the amendment "transform[ed] Hollywood Estates from an `all-ages' community to a '55 or older' community," the amendment denied or abridged the right of Hollywood Estates owners to sell their property in violation of section 723.058(1)....

...torney's fee award if it prevailed. As noted by the majority, section 723.068 provides for the award of prevailing party attorney's fees in any proceeding "to enforce provisions of this chapter[.]" Because count II of the complaint sought to enforce section 723.058(1), and because Appellees prevailed on that count, fees were properly awarded....

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Laguna Palms Props. Ltd. v. Long, 622 So. 2d 556 (Fla. 3d DCA 1993).

Published | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 8001, 1993 WL 288710

...Defendant filed an answer with no request for attorney’s fees. Thereafter, plaintiff took a voluntary dismissal. The court has determined that defendant was the prevailing party. However, the court finds no basis to award attorney’s fees. I. The action was not based on F.S. 723.058, these complaints having been abandoned by plaintiff. Therefore, there is no basis for defendant to claim fees. II. If in fact the action was based upon F.S. 723.058, defendant failed to seek fees in its answer....

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