Florida Senate - 2026 SB 1550
By Senator Bracy Davis
15-01283-26 20261550__
1 A bill to be entitled
2 An act relating to mobile home park lot tenancies;
3 amending s. 723.005, F.S.; revising the powers and
4 duties of the Division of Florida Condominiums,
5 Timeshares, and Mobile Homes; amending ss. 723.022 and
6 723.023, F.S.; authorizing a person injured by a
7 violation of state law to file a complaint with the
8 Department of Legal Affairs; providing the department
9 authority to enforce compliance with state law;
10 authorizing the department to adopt rules; amending s.
11 723.033, F.S.; providing factors a court may consider
12 when determining if a rent increase or resulting lot
13 rental increase is unreasonable; creating s. 723.034,
14 F.S.; prohibiting a mobile home park owner or such
15 owner’s employees or agents from engaging in certain
16 actions relating to electronic billing or payment
17 systems; providing for retroactive applicability;
18 authorizing a person injured by a violation of state
19 law to file a complaint with the Department of Legal
20 Affairs; providing the department authority to enforce
21 compliance with state law; authorizing the department
22 to adopt rules; amending s. 723.037, F.S.; requiring
23 certain proof of expenses or factors to be included in
24 a notice for a proposed increase in lot rental amount;
25 requiring a park owner or subdivision developer to
26 disclose and explain all relevant invoices, evidence,
27 or other proof that was used in the decision to
28 increase the lot rental amount; requiring a park owner
29 to reduce the lot rental amount under certain
30 circumstances; authorizing a person to file a
31 complaint with the Department of Legal Affairs if a
32 park owner fails to provide certain information;
33 providing the department authority to enforce
34 compliance with state law; authorizing the department
35 to adopt rules; amending s. 723.038, F.S.; authorizing
36 a person to file a complaint with the Department of
37 Legal Affairs if a party to a dispute refuses to
38 mediate; requiring the department to appoint a
39 mediator and mediation to begin within a specified
40 timeframe; amending s. 723.061, F.S.; revising the
41 circumstances under which, and the timeframe in which,
42 a park owner may terminate a tenancy; authorizing
43 specified persons or entities to pay a lot rental
44 amount in a certain manner; requiring the park owner
45 to accept such payment; providing when an amount due
46 is paid when paying by check; prohibiting properly
47 promulgated rules and regulations from being used by a
48 mobile home park owner in a certain manner; amending
49 s. 723.0611, F.S.; specifying the purpose of the
50 Florida Mobile Home Relocation Corporation; amending
51 s. 723.0612, F.S.; revising dollar amounts for certain
52 expenses due to a change in use of the land on which a
53 mobile home park is located; authorizing a moving
54 contractor to redeem a voucher within a specified
55 timeframe; amending s. 723.011, F.S.; conforming a
56 cross-reference; providing an effective date.
57
58 Be It Enacted by the Legislature of the State of Florida:
59
60 Section 1. Section 723.005, Florida Statutes, is amended to
61 read:
62 723.005 Regulation by division.—Except as provided in this
63 chapter, the division has the power and duty to enforce and
64 ensure compliance with the provisions of this chapter and rules
65 promulgated pursuant hereto relating to the rental, development,
66 and sale of mobile home parks. However, the division does not
67 have the power or duty to enforce mobile home park rules and
68 regulations or to enforce the provisions of ss. 723.022,
69 723.023, and 723.033.
70 Section 2. Section 723.022, Florida Statutes, is amended to
71 read:
72 723.022 Mobile home park owner’s general obligations.—
73 (1) A mobile home park owner shall at all times:
74 (a)(1) Comply with the requirements of applicable building,
75 housing, and health codes.
76 (b)(2) Maintain buildings and improvements in common areas
77 in a good state of repair and maintenance and maintain the
78 common areas in a good state of appearance, safety, and
79 cleanliness.
80 (c)(3) Provide access to the common areas, including
81 buildings and improvements thereto, at all reasonable times for
82 the benefit of the park residents and their guests.
83 (d)(4) Maintain utility connections and systems for which
84 the park owner is responsible in proper operating condition.
85 (e)(5) Comply with properly promulgated park rules and
86 regulations and require other persons on the premises with his
87 or her consent to comply therewith and conduct themselves in a
88 manner that does not unreasonably disturb the park residents or
89 constitute a breach of the peace.
90 (2) A person who is injured by a violation of this section
91 may file a complaint with the Department of Legal Affairs. The
92 Department of Legal Affairs has the authority to enforce
93 compliance with this section. The Department of Legal Affairs
94 may adopt rules to implement this subsection.
95 Section 3. Section 723.023, Florida Statutes, is amended to
96 read:
97 723.023 Mobile home owner’s general obligations.—
98 (1) A mobile home owner shall:
99 (a)(1) At all times comply with all obligations imposed on
100 mobile home owners by applicable provisions of building,
101 housing, and health codes, including compliance with all
102 building permits and construction requirements for construction
103 on the mobile home and lot. The home owner is responsible for
104 all fines imposed by the local government for noncompliance with
105 any local codes.
106 (b)(2) At all times keep the mobile home lot that he or she
107 occupies clean, neat, and sanitary, and maintained in compliance
108 with all local codes.
109 (c)(3) At all times comply with properly promulgated park
110 rules and regulations and require other persons on the premises
111 with his or her consent to comply with such rules and to conduct
112 themselves, and other persons on the premises with his or her
113 consent, in a manner that does not unreasonably disturb other
114 residents of the park or constitute a breach of the peace.
115 (d)(4) Receive written approval from the mobile home park
116 owner before making any exterior modification or addition to the
117 home.
118 (e)(5) When vacating the premises, remove any debris and
119 other property of any kind which is left on the mobile home lot.
120 (2) A person who is injured by a violation of this section
121 may file a complaint with the Department of Legal Affairs. The
122 Department of Legal Affairs has the authority to enforce
123 compliance with this section. The Department of Legal Affairs
124 may adopt rules to implement this subsection.
125 Section 4. Subsection (6) of section 723.033, Florida
126 Statutes, is amended to read:
127 723.033 Unreasonable lot rental agreements; increases,
128 changes.—
129 (6) In determining whether a rent increase or resulting lot
130 rental amount is unreasonable, the court may consider economic
131 or other factors, including, but not limited to, all of the
132 following:
133 (a) The number of active sales within the mobile home park
134 at the time the notice of rent increase is issued.
135 (b) Incentives and other discounts being offered to new
136 purchasers by the mobile home park owner or the mobile home
137 owner.
138 (c) The number of mobile homes abandoned or the number of
139 titles transferred by the mobile home owner to the mobile home
140 park owner in the previous 12 months for the purpose of avoiding
141 eviction or to otherwise not terminate an existing rental
142 agreement.
143 (d) Increases or decreases in the consumer price index,
144 published by the Bureau of Labor Statistics of the Department of
145 Labor.;
146 (e) Increases or decreases in operating costs or taxes.;
147 and
148 (f) Prior disclosures.
149 Section 5. Section 723.034, Florida Statutes, is created to
150 read:
151 723.034 Requirements for electronic billing or payment
152 systems.—
153 (1) A mobile home park owner may not engage, or permit an
154 employee or agent of the park owner to engage, in any of the
155 following acts or practices:
156 (a) Requiring a mobile home owner to use an electronic
157 billing or payment system as the only method to pay the lot
158 rental amount or user fees.
159 (b) Assessing a fee or other charge to a mobile home owner
160 for his or her refusal or inability to pay the lot rental amount
161 or user fees through an electronic billing or payment system
162 used by the mobile home park owner.
163 (c) Using an electronic billing or payment system that
164 requires a mobile home owner to waive individual or collective
165 rights or remedies otherwise provided by law.
166 (d) Using an electronic billing or payment system that
167 collects, or requires access to, a mobile home owner’s personal
168 data or data that is stored on a mobile home owner’s device
169 beyond that which is necessary to make a payment for the lot
170 rental amount or user fees.
171 (2) This section applies prospectively and retroactively to
172 all lot rental agreements existing on July 1, 2026.
173 (3) A person who is injured by a violation of this section
174 may file a complaint with the Department of Legal Affairs. The
175 Department of Legal Affairs has the authority to enforce
176 compliance with this section. The Department of Legal Affairs
177 may adopt rules to implement this subsection.
178 Section 6. Subsection (2), paragraph (b) of subsection (4),
179 and subsection (6) of section 723.037, Florida Statutes, are
180 amended to read:
181 723.037 Lot rental increases; reduction in services or
182 utilities; change in rules and regulations; mediation.—
183 (2) Notice as required by this section shall, in addition
184 to the information required in subsection (1), must only be
185 required to include the dollar amount of the relevant portions
186 of the present lot rental amount that are being increased and
187 the dollar amount of the proposed increases in lot rental amount
188 if there is an increase in the lot rental amount, the reduction
189 in services or utilities, or the change in rules and regulations
190 and the effective date thereof. If there is a proposed increase
191 in the lot rental amount, all relevant invoices, evidence, or
192 proof that shows the expenses or material factors causing the
193 increase in the lot rental amount must be included in such
194 notice.
195 (4)
196 (b)1. At the meeting, the park owner or subdivision
197 developer shall in good faith disclose and explain all expenses
198 or material factors, including all relevant invoices, evidence,
199 or other proof, resulting in the decision to increase the lot
200 rental amount, reduce services or utilities, or change rules and
201 regulations, including how those factors justify the specific
202 change proposed. The park owner or subdivision developer may not
203 limit the discussion of the reasons for the change to
204 generalities only, such as, but not limited to, increases in
205 operational costs, changes in economic conditions, or rents
206 charged by comparable mobile home parks. For example,
207 2. If the reason for an increase in lot rental amount is an
208 increase in operational costs, the park owner must disclose and
209 provide evidence of the item or items which have increased, the
210 amount of the increase, any similar item or items which have
211 decreased, and the amount of the decrease.
212 3. If an amenity, a service, or a utility is no longer
213 available to mobile home owners, the park owner must reduce
214 their lot rental amount.
215 4. If an increase is based upon the lot rental amount
216 charged by comparable mobile home parks, the park owner shall
217 disclose, and provide in writing to the committee at or before
218 the meeting, the name, address, lot rental amount, and any other
219 relevant factors relied upon by the park owner, such as
220 facilities, services, and amenities, concerning the comparable
221 mobile home parks. The information concerning comparable mobile
222 home parks to be exchanged by the parties is to encourage a
223 dialogue concerning the reasons used by the park owner for the
224 increase in lot rental amount and to encourage the home owners
225 to evaluate and discuss the reasons for those changes with the
226 park owner. The park owner shall prepare a written summary of
227 the material factors and retain a copy for 3 years. The park
228 owner shall provide the committee a copy of the summary at or
229 before the meeting.
230 2. The park owner shall not limit the comparable mobile
231 home park disclosure to those mobile home parks that are owned
232 or operated by the same owner or operator as the subject park,
233 except in certain circumstances, which include, but are not
234 limited to:
235 a. That the market area for comparable mobile home parks
236 includes mobile home parks owned or operated by the same entity
237 that have similar facilities, services, and amenities;
238 b. That the subject mobile home park has unique attributes
239 that are shared with similar mobile home parks;
240 c. That the mobile home park is located in a geographic or
241 market area that contains few comparable mobile home parks; or
242 d. That there are similar considerations or factors that
243 would be considered in such a market analysis by a competent
244 professional and would be considered in determining the
245 valuation of the market rent.
246 5. The park owner shall prepare a written summary of the
247 expenses and material factors required in this paragraph and
248 retain a copy for 3 years. The park owner shall provide the
249 committee a copy of the summary at or before the meeting.
250
251 This subsection is not intended to be enforced by civil or
252 administrative action. Rather, the meetings and discussions are
253 intended to be in the nature of settlement discussions prior to
254 the parties proceeding to mediation of any dispute.
255 (6) If a party requests mediation and the opposing party
256 refuses to agree to mediate upon proper request, the party
257 refusing to mediate is shall not be entitled to attorney
258 attorney’s fees in any action relating to a dispute described in
259 this section. Notwithstanding subsections (4) and (5), a person
260 may file a complaint with the Department of Legal Affairs if the
261 park owner fails to provide relevant invoices, evidence, or
262 proof of the expenses or material factors causing a proposed
263 increase in the lot rental amount. The Department of Legal
264 Affairs has the authority to enforce compliance with this
265 section. The Department of Legal Affairs may adopt rules to
266 implement this subsection.
267 Section 7. Subsection (4) of section 723.038, Florida
268 Statutes, is amended to read:
269 723.038 Dispute settlement; mediation.—
270 (4)(a) After the date of the last scheduled meeting held
271 pursuant to s. 723.037(4), the parties to a dispute may agree to
272 immediately select a mediator and initiate mediation proceedings
273 pursuant to this section. The parties may accept the mediator
274 appointed by the division or, within 30 days, select a mediator
275 to mediate the dispute pursuant to subsection (2).
276 (b) The parties shall each pay a $250 filing fee to the
277 mediator appointed by the division or selected by the parties
278 within 30 days after the division notifies the parties of the
279 appointment of the mediator. The $250 filing fee shall be used
280 by the mediator to defray the hourly rate charged for mediation
281 of the dispute. Any portion of the filing fee not used shall be
282 refunded to the parties.
283 (c) If a party to the dispute refuses to mediate, the other
284 party may file a complaint with the Department of Legal Affairs.
285 Within 10 business days after receipt of the complaint, the
286 Department of Legal Affairs must appoint a mediator and
287 mediation must begin in accordance with this section.
288 Section 8. Paragraphs (a), (b), and (c) of subsection (1)
289 of section 723.061, Florida Statutes, are amended to read:
290 723.061 Eviction; grounds, proceedings.—
291 (1) A mobile home park owner may evict a mobile home owner,
292 a mobile home tenant, a mobile home occupant, or a mobile home
293 only on one or more of the following grounds:
294 (a) Nonpayment of the lot rental amount. If a mobile home
295 owner, or tenant, or occupant, whoever whichever is responsible,
296 fails to pay the lot rental amount when due and such failure to
297 pay is not caused, directly or indirectly, by the mobile home
298 park owner’s refusal to accept payment for the lot rental amount
299 or because the park owner has restricted the ability of the
300 mobile home owner, tenant, or occupant to pay the lot rental
301 amount when due, and if the default continues for 10 5 days
302 after delivery of a written demand by the mobile home park owner
303 for payment of the lot rental amount, the park owner may
304 terminate the tenancy. The mobile home owner, tenant, or
305 occupant; a family member or friend of the mobile home owner,
306 tenant, or occupant; or any other person, organization, or
307 charity may pay the lot rental amount by check or an electronic
308 transfer, and such payment must be accepted by the park owner,
309 operator of the mobile home park, or other designee of the park
310 owner. If payment is made by check, the amount due is considered
311 paid at the time the check is delivered to the park owner,
312 operator of the mobile home park, or other designee of the park
313 owner. However, if the mobile home owner, or tenant, or
314 occupant; a family member or friend of the mobile home owner,
315 tenant, or occupant; or any other person, organization, or
316 charity whichever is responsible, pays the lot rental amount
317 due, including any late charges, court costs, and attorney
318 attorney’s fees, the court may, for good cause, deny the order
319 of eviction, if such nonpayment has not occurred more than
320 twice.
321 (b) Conviction of a violation of a federal or state law or
322 local ordinance, if the violation is detrimental to the health,
323 safety, or welfare of other residents of the mobile home park.
324 The mobile home owner, or mobile home tenant, or mobile home
325 occupant must vacate the premises within 7 days after the date
326 the notice to vacate is delivered. This paragraph constitutes
327 grounds to deny an initial tenancy of a purchaser of a home
328 under paragraph (e) or to evict an unapproved occupant of a
329 home.
330 (c) Violation of a park rule or regulation, the rental
331 agreement, or this chapter.
332 1. For the first violation of any properly promulgated rule
333 or regulation, rental agreement provision, or this chapter which
334 is found by any court of competent jurisdiction to have been an
335 act that endangered the life, health, safety, or property of the
336 park residents or employees or the peaceful enjoyment of the
337 mobile home park by its residents, the mobile home park owner
338 may terminate the rental agreement, and the mobile home owner,
339 tenant, or occupant must vacate the premises within 7 days after
340 the notice to vacate is delivered.
341 2. For a second violation of the same properly promulgated
342 rule or regulation, rental agreement provision, or this chapter
343 within 12 months, the mobile home park owner may terminate the
344 tenancy if she or he has given the mobile home owner, tenant, or
345 occupant written notice, within 30 days after the first
346 violation, which specified the actions of the mobile home owner,
347 tenant, or occupant that caused the violation and gave the
348 mobile home owner, tenant, or occupant 7 days to correct the
349 noncompliance. The mobile home owner, tenant, or occupant must
350 have received written notice of the ground upon which she or he
351 is to be evicted at least 30 days before prior to the date on
352 which she or he is required to vacate. A second violation of a
353 properly promulgated rule or regulation, rental agreement
354 provision, or this chapter within 12 months after of the first
355 violation is unequivocally a ground for eviction, and it is not
356 a defense to any eviction proceeding that a violation has been
357 cured after the second violation. Violation of a rule or
358 regulation, rental agreement provision, or this chapter more
359 than 1 year after the first violation of the same rule or
360 regulation, rental agreement provision, or this chapter does not
361 constitute a ground for eviction under this section.
362
363 A properly promulgated rule or regulation may not be arbitrarily
364 applied and used as a ground for eviction or used as a basis for
365 a mobile home park owner to refuse to accept the payment of the
366 lot rental amount by any means, other than cash, or to otherwise
367 restrict the ability of a mobile home owner, a tenant, or an
368 occupant to pay the lot rental amount when due.
369 Section 9. Paragraph (a) of subsection (1) of section
370 723.0611, Florida Statutes, is amended to read:
371 723.0611 Florida Mobile Home Relocation Corporation.—
372 (1)(a) There is created the Florida Mobile Home Relocation
373 Corporation to address voluntary closures of mobile home parks
374 due to a change in the use of the land comprising the mobile
375 home park. The corporation shall be administered by a board of
376 directors made up of six members, three of whom shall be
377 appointed by the Secretary of Business and Professional
378 Regulation from a list of nominees submitted by the largest
379 nonprofit association representing mobile home owners in this
380 state, and three of whom shall be appointed by the Secretary of
381 Business and Professional Regulation from a list of nominees
382 submitted by the largest nonprofit association representing the
383 manufactured housing industry in this state. All members of the
384 board of directors, including the chair, shall be appointed to
385 serve for staggered 3-year terms.
386 Section 10. Subsection (1) and subsections (4) and (7) of
387 section 723.0612, Florida Statutes, are amended to read:
388 723.0612 Change in use; relocation expenses; payments by
389 park owner.—
390 (1) If a mobile home owner is required to move due to a
391 change in use of the land comprising the mobile home park as set
392 forth in s. 723.061(1)(d) and complies with the requirements of
393 this section, the mobile home owner is entitled to payment from
394 the Florida Mobile Home Relocation Corporation of:
395 (a) The amount of actual moving expenses of relocating the
396 mobile home to a new location within a 50-mile radius of the
397 vacated park, or
398 (b) The amount of $6,500 $3,000 for a single-section mobile
399 home or $11,500 $6,000 for a multisection mobile home, whichever
400 is less. Moving expenses include the cost of taking down,
401 moving, and setting up the mobile home in a new location.
402 (4) The Florida Mobile Home Relocation Corporation must
403 approve payment within 45 days after receipt of the information
404 set forth in subsection (3), or payment is deemed approved. A
405 copy of the approval must be forwarded to the park owner with an
406 invoice for payment. Upon approval, the corporation shall issue
407 a voucher in the amount of the contract price for relocating the
408 mobile home. The moving contractor may redeem the voucher within
409 2 years after the date of issuance from the corporation
410 following completion of the relocation and upon approval of the
411 relocation by the mobile home owner.
412 (7) In lieu of collecting payment from the Florida Mobile
413 Home Relocation Corporation as set forth in subsection (1), a
414 mobile home owner may abandon the mobile home in the mobile home
415 park and collect $5,000 $1,375 for a single section and $7,000
416 $2,750 for a multisection from the corporation as long as the
417 mobile home owner delivers to the park owner the current title
418 to the mobile home duly endorsed by the owner of record and
419 valid releases of all liens shown on the title. If a mobile home
420 owner chooses this option, the park owner must pay shall make
421 payment to the corporation $1,375 for a single section mobile
422 home and $2,750 for a multisection mobile home in an amount
423 equal to the amount the mobile home owner is entitled to under
424 this subsection. The mobile home owner’s application for funds
425 under this subsection requires shall require the submission of a
426 document signed by the park owner stating that the home has been
427 abandoned under this subsection and that the park owner agrees
428 to make payment to the corporation in the amount provided herein
429 to the home owner under this subsection. However, in the event
430 that the required documents are not submitted with the
431 application, the corporation may consider the facts and
432 circumstances surrounding the abandonment of the home to
433 determine whether the mobile home owner is entitled to payment
434 under pursuant to this subsection. The mobile home owner is not
435 entitled to any compensation under this subsection if there is a
436 pending eviction action for nonpayment of lot rental amount
437 pursuant to s. 723.061(1)(a) which was filed against him or her
438 before prior to the mailing date of the notice of change in the
439 use of the mobile home park given pursuant to s. 723.061(1)(d).
440 Section 11. Paragraph (b) of subsection (6) of section
441 723.011, Florida Statutes, is amended to read:
442 723.011 Disclosure prior to rental of a mobile home lot;
443 prospectus, filing, approval.—
444 (6)
445 (b) If a park owner violates this section and a lessee
446 suffers a substantial loss or damage to the lessee’s mobile home
447 or personal property as a result of flooding, the lessee may
448 terminate the rental agreement by giving a written notice of
449 termination to the park owner no later than 30 days after the
450 date of the damage or loss. Termination of a rental agreement
451 under this section is effective when the requirements of s.
452 723.023(1)(e) s. 723.023(5) are met. For the purpose of this
453 paragraph, the term “substantial loss or damage” means the total
454 cost of repairs to or replacement of the mobile home and
455 personal property is 50 percent or more of the mobile home and
456 personal property’s market value on the date the flooding
457 occurred.
458 Section 12. This act shall take effect July 1, 2026.