Florida Statutes
Florida Land-Lease Communities:
Florida Mobile Home Act
Title XL Chapter 723
MOBILE HOME PARK LOT TENANCIES
The provisions of this chapter apply to any residential tenancy in which a mobile home is placed upon a rented or leased lot in a mobile home park in which 10 or more lots are offered for rent or lease. The Mobile Home Act was first passed in 1984. It has been amended numerous times since. It applies to land-lease parks of 10 or more lots. Parks with 25 or more lots are required under the statute to file a Prospectus with DBPR.
DBPR Printable FS 723 & Chapters 61B-29 - 32 & 35
of the Florida Administrative Code
Chapter 61M-1 Mobile Home Relocation Corporation
Division 61B Florida Administrative Code
Florida Resident Owned Communities - Co-Ops
Cooperative Act
Title XL Chapter 719
COOPERATIVES
The purpose of this chapter is to give statutory recognition to the cooperative form of ownership of real property.
"Cooperative” means that form of ownership of real property wherein legal title is vested in a corporation or other entity and the beneficial use is evidenced by an ownership interest in the association and a lease or other muniment of title or possession granted by the association as the owner of all the cooperative property.
Chapters 61B 75 - 79 of the Florida Administrative Code
Florida Resident Owned Communities - Sub-Developments
Homeowners’ Association Act
Title XL Chapter 720
HOMEOWNERS' ASSOCIATIONS
The purposes of this chapter are to give statutory recognition to corporations not for profit that operate residential communities in this state, to provide procedures for operating homeowners’ associations, and to protect the rights of association members without unduly impairing the ability of such associations to perform their functions. The Homeowners' Association Act governs the operation in communities where homeowners own their lot and share ownership of the common grounds and facilities. (Subdivisions)
Florida Resident Owned Communities - Condominium
Condominium Act
Title XL Chapter 718
Purposes.—The purpose of this chapter is:
(1) To give statutory recognition to the condominium form of ownership of real property.
(2) To establish procedures for the creation, sale, and operation of condominiums.
Every condominium created and existing in this state shall be subject to the provisions of this chapter.
DBPR Printable FS 718 & Chapters 61B 15-25,45and50
of the Florida Administrative Code
Community Association Managers
Regulations of Professions and Occupations
Title XXXII Chapter 468
Part VIII Community Association Management
These are the statutes governing professional community managers of Co-OP, Condominium, and SubDivision properties.
Recreational Districts
Title XXX > Chapter 418
These are the statutes governing Florida Recreational Districts. Some deed restricted MH communities operate under these statutes.
Mobile Home & R/V Parks
Vehicle Registrations
Florida Business Corporation Act
Title XXIII Chapter 320
MOTOR VEHICLE LICENSES
HOAs - Not for Profit:
Florida Not For Profit Corporation Act
Title XXXVI Chapter 617
CORPORATIONS NOT FOR PROFIT
Corporations may be organized under this act for any lawful purpose or purposes not for pecuniary profit and not specifically prohibited to corporations under other laws of this state.
Home Owner's Associations are most commonly organized as "Not For Profit" corporations and fall under this chapter. Social or other groups in a community may be incorporated under this statute. Generally, this type of corporation enjoys preferential tax status and additional protection for officers. This the statute covering state nonprofit status. Federal nonprofit (501C3,4,etc.) is covered in Federal Statutes
HOAs - For Profits
Florida Business Corporation Act
Title XXXVI Chapter 607
CORPORATIONS FOR PROFIT
Every corporation incorporated under this chapter has the purpose of engaging in any lawful business unless a more limited purpose is set forth in the articles of incorporation. The provisions of this chapter extend to all corporations, whether chartered by special acts or general laws, except that special statutes for the regulation and control of types of business and corporations shall control when in conflict herewith.
Home Owner's Associations can be organized as "For Profit" corporations and fall under this chapter. The tax status is less preferential but distribution of assets upon closing as well as the ability to operate as a business may be preferable. HOAs organized under FS607 & wishing to go to FS617 need to reincorporate.
Rental Units
Florida Residential Landlord and Tenant Act
Title VI Chapter 83 - Part II, 83.40 - 83.683
RESIDENTIAL TENANCIES
This part applies to the rental of a dwelling unit. These statutes do not cover tenancies in a land-lease park where the resident owns the home and the park owner owns the lot. They do cover tenancies where the park owner is renting or leasing a home to a resident. They would also cover a resident in a land-lease park who is renting or leasing their home to others
Health Department
Florida Health Department
Title XXXIII Chapter 513
MOBILE HOME AND RECREATIONAL VEHICLE PARKS
It is the intent of the Legislature that mobile home parks, lodging parks, recreational vehicle parks, and recreational camps be regulated under this chapter. As such, the department shall administer and enforce, with respect to such parks and camps, laws and rules relating to sanitation, control of communicable diseases, illnesses and hazards to health among humans and from animals to humans, and the general health of the people of the state. Mobile home parks, lodging parks, recreational vehicle parks, and recreational camps regulated under this chapter are exempt from regulation under the provisions of chapter 509. These statutes primarily apply to R/V parks but have some overlap into mobile/manufactured home parks. Sanitary standards in both are addressed here.
FL Administrative Code Chapter 62 Drinking Water Rules
HSMV
Florida Department of Highway Safety and Motor Vehicles
Title XXIII Chapter 320
MOTOR VEHICLE LICENSES
Motor vehicles, boats, airplanes, trailers, trailer coaches and mobile homes, as defined by law, shall be subject to a license tax for their operation in the amounts and for the purposes prescribed by law, but shall not be subject to ad valorem taxes. A mobile home, as defined in s. 320.01(2), regardless of its actual use, shall be subject only to a license tax unless classified and taxed as real property. A mobile home is to be considered real property only when the owner of the mobile home is also the owner of the land on which the mobile home is situated and said mobile home is permanently affixed thereto.
FL Administrative Code Chapter 15C-1 Mobile Home Installation
FL Administrative Code Chapter 15C-2 Construction of Mobile/Manufactured Homes and R/Vs
FL Administrative Code Chapter 15C- 2.0081 Mobile/Manufactured Home Repair and Remodeling Code
Homestead
Homestead Act
Title XV Chapter 222
HOMESTEAD AND EXEMPTIONS
Whenever any natural person residing in this state desires to avail himself or herself of the benefit of the provisions of the constitution and laws exempting property as a homestead from forced sale under any process of law, he or she may make a statement, in writing, containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made. Such statement shall be signed by the person making it and shall be recorded in the circuit court. Homestead declaration is available to owners of Manufactured/Mobile homes on private land and leased land. Some tax exemptions do not apply to those on leased land
Residents that own their land are eligible for a Homestead exemption. Home owners in land-lease parks should still file both a Declaration of Homestead and a Declaration of Domicile to protect their homes. See the Clerk of your County Courthouse for more details.
Civil Rights
Florida Civil Rights Act of 1992
Title XLIV Chapter 760
CIVIL RIGHTS
The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status and thereby to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state. This Florida statute is in addition to Federal Law.
Bingo
Bingo
Title XLVI Chapter 849.0931
GAMBLING
The right of a condominium association, a cooperative association, a homeowners’ association as defined in s. 720.301, a mobile home owners’ association, a group of residents of a mobile home park as defined in chapter 723, or a group of residents of a mobile home park or recreational vehicle park as defined in chapter 513 to conduct bingo is conditioned upon the return of the net proceeds from such games to players in the form of prizes after having deducted the actual business expenses for such games for articles designed for and essential to the operation, conduct, and playing of bingo.
Latest FS 849.0931 Senate Version
Gambling
Crimes
Title XLV I Chapter 849
GAMBLING
Whoever by herself or himself, her or his servant, clerk or agent, or in any other manner has, keeps, exercises or maintains a gaming table or room, or gaming implements or apparatus, or house, booth, tent, shelter or other place for the purpose of gaming or gambling or in any place of which she or he may directly or indirectly have charge, control or management, either exclusively or with others, procures, suffers or permits any person to play for money or other valuable thing at any game whatever, whether heretofore prohibited or not, commits a misdemeanor of the second degree, punishable as provided in s.
775.082
or s.
775.083
.
HLMP
Hurricane Loss Mitigation Program
Title XIV Chapter 215
Financial Matters: General Provisions
The hurricane loss mitigation program derives its funds from the Florida hurricane catastrophe fund. Annually $10 million is allocated. The statute dictates 7 million of that is to go to programs to improve the wind resistance of residences and mobile homes. This includes 2.8 million annual funding for the Mobile Home Tie Down Program, $700k for hurricane research by the Florida international University, and 3.5 million in grant money for wind mitigation by municipalities. The remaining 3 million is used to retrofit existing facilities used as public hurricane shelters.
Energy Conservation
Solar Panels & Clotheslines
Title XI Chapter 163
INTERGOVERNMENTAL PROGRAMS
A deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement.
Trespass
Crimes
Title XLVI Chapter 810
BURGLARY AND TRESPASS
As used herein, the term “owner of said land” shall include the beneficial owner, lessee, occupant, or other person having any interest in said land under and by virtue of which that person is entitled to possession thereof, and shall also include the agents or authorized employees of such owner. These laws cover who can come on your lot. (even if you rent). They also govern who has the right to enter your park, who has (or has not) the right to tell someone to leave, and your right to post your property "No Trespassing".
Federal Statutes
Department of Housing and Urban Development (HUD)
Title 24 - HUD Manufactured Home Construction Standards
Manufactured homes are homes built as dwelling units of at least 320 square feet in size with a permanent chassis to assure the initial and continued transportability of the home. All transportable sections of manufactured homes built in the U.S. after June 15, 1976 must contain a certification label (commonly referred to as a HUD Tag) on the home. The label is the manufacturer's certification that the home section is built in accordance with HUD's Manufactured Home Construction and Safety Standards (the Standards). The Standards cover Body and Frame Requirements, Thermal Protection, Plumbing, Electrical, Fire Safety, and other aspects of the home. The Standards are published in the Code of Federal Regulations under 24 CFR Part 3280.
HUD Code
PART 3280—MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS
PART 3285—MODEL MANUFACTURED HOME INSTALLATION STANDARDS
PART 3286—MANUFACTURED HOME INSTALLATION PROGRAM
PART 3288—MANUFACTURED HOME DISPUTE RESOLUTION PROGRAM
Manufactured Home Construction and Safety Standards - latest update Jan 31,2020
HUD Fair Housing
55+ The Fair Housing Act: Housing for Older Persons
Fair Housing Act
Civil Rights Act of 1964
Rehabilitation Act of 1973
Americans with Disabilities Act Of 1990 - Title II
Americans with Disabilities Act Of 1990 - Title III
Architectural Barriers Act of 1968
Housing and Community Development Act of 1974 - Section 109
Education Amendments Act of 1972 - Title IX
Violence Against Women Act
Age Discrimination Act
Federal Communications Commission
Over-the-Air Reception Devices Rule - Title 47
The rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas.
Freedom to fly the U.S. Flag
Freedom to Display the American Flag Act of 2005
This act, 4 USC 5: Display and use of flag by civilians; codification of rules and customs; definition, gives you the right to display the US Flag. The rule applies to Condominiums, Cooperatives, and any Residential Real Estate Management association or community property owner.
Civil Justice
This is a new section we are building to address the needs of residents in MH parks to help with understanding and exercising their rights under the statutes.
This is a great resource for low and moderate income Floridians
If you have a civil legal problem but cannot afford to hire a private lawyer, you still may have access to the legal system through your local legal services-legal aid organization which provides free or low cost legal services to persons with low incomes. Information about many of these local services can be found online through the websites listed on our website
JUSTIA Lawyers has an online referral service which includes Legal Aid services as well as attorney listings
Help with Eviction
Florida Law Help - Mobile Home Park Evictions
Legal Research
1997 - Present
A verbatim publication of the general and special laws enacted by the Florida Legislature in a given year and published each year following the regular session of the legislature. It presents the laws in the order in which they are numbered by the Secretary of State, as well as resolutions and memorials passed by the legislature.
Acts and Resolutions of the General Assembly of the State of Florida
1845 - 1996
The State Library of Florida and Florida State University College of Law and Research Center are collaborating to scan all published Laws of Florida. Scanning of the Laws of Florida is an ongoing project, and they are continuously updating the list of laws scanned.
College of Law
Florida State University
The Research Center serves as the law library for Florida State University. Our primary mission is to train our students to produce highly sophisticated and cost-effective legal research.
Researching Florida Law
This is a document from the Office of Legislative Services. It covers the technical aspects of the passage of legislation from the time it clears the Governors office to becoming the law of the land. If you ever wondered why the Mobile Home Act of 1984 modified Florida Statute 720 but somehow became FS723 the answer is here.