Florida Statute 723.062 - 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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723.062 Removal of mobile home owner; process.—

(1) In an action for possession, after entry of judgment in favor of the mobile home park owner, the clerk shall issue a writ of possession to the sheriff, describing the lot or premises and commanding the sheriff to put the mobile home park owner in possession. The writ of possession shall not issue earlier than 10 days from the date judgment is granted.

(2) At the time the sheriff executes the writ of possession, the landlord or the landlord’s agent may remove any personal property, including the mobile home, found on the premises to or near the property line or, in the case of the mobile home, into storage. If requested by the landlord, the sheriff shall stand by to keep the peace while the landlord removes personal property. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the sheriff. Neither the sheriff nor the landlord nor his or her agent shall be responsible to the tenant or any other party for loss, destruction, or damage to the property after it has been removed.

History.—s. 1, ch. 84-80; s. 9, ch. 94-170; s. 927, ch. 97-102.

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Amendments to 723.062

Annotations, Discussions, Cases:

Cases Citing Statute 723.062

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

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Meadow Groves Mgmt. v. Mcknight, 689 So. 2d 315 (Fla. 5th DCA 1997).

Cited 2 times | Published | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 247, 1997 WL 24247

...but should the park owner be able to evict the mobile home owner and simultaneously seize and levy on the mobile home itself? I suggest that is contrary to the well established purpose of Florida's homestead exemption. In fact it appears to violate section 723.062, which appears to give an evicted mobile home owner at least ten days after issuance of a writ of possession to remove his homestead....

...homestead status is lost. The homestead status should continue until the mobile home owner abandons it by failing to take possession of the mobile home after an eviction, and relocate it to another lawfully possessed piece of real estate pursuant to section 723.062....

...state of Florida. Marks and Colby, 18 Nova L.Rev. at 1545, n. 135. It has been estimated that as many as 75 percent of all retirees coming to Florida move into mobile homes. Marks and Colby, 18 Nova L.Rev. at 1544, n. 134. [2] That section provides: 723.062 Removal of mobile home owner; process....

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Naples Estates Ltd. P'ship v. Pamela Muston (Fla. 2d DCA 2021).

Published | Florida 2nd District Court of Appeal

...subject to eviction pursuant to the proceedings set forth in Section 723.061, Florida Statutes; and shall be deemed to have waived any defenses, other than payment, in any eviction action based upon such default as set forth in Section 723.062(2), Florida Statutes. In compliance with paragraph 3 of the order, on September 9, 2013, the Home Owners made an initial payment into the registry of $8,645.76—the difference between $600 per month and what they had paid pe...

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