(1) 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.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 723 - Mobile Home Park Lot Tenancies
723.002 - Application of Chapter.
723.004 - Legislative Intent; Preemption of Subject Matter.
723.005 - Regulation by Division.
723.006 - Powers and Duties of Division.
723.007 - Annual Fees; Surcharge.
723.008 - Applicability of Chapter 212 to Fees, Penalties, and Fines Under This Chapter.
723.009 - Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.
723.011 - Disclosure Prior to Rental of a Mobile Home Lot; Prospectus, Filing, Approval.
723.012 - Prospectus or Offering Circular.
723.013 - Written Notification in the Absence of a Prospectus.
723.014 - Failure to Provide Prospectus or Offering Circular Prior to Occupancy.
723.016 - Advertising Materials; Oral Statements.
723.017 - Publication of False or Misleading Information; Remedies.
723.021 - Obligation of Good Faith and Fair Dealings.
723.022 - Mobile Home Park Owner’s General Obligations.
723.023 - Mobile Home Owner’s General Obligations.
723.024 - Compliance by Mobile Home Park Owners and Mobile Home Owners.
723.025 - Park Owner’s Access to Mobile Home and Mobile Home Lot.
723.027 - Persons Authorized by Park Owner to Receive Notices.
723.031 - Mobile Home Lot Rental Agreements.
723.032 - Prohibited or Unenforceable Provisions in Mobile Home Lot Rental Agreements.
723.033 - Unreasonable Lot Rental Agreements; Increases, Changes.
723.035 - Rules and Regulations.
723.038 - Dispute Settlement; Mediation.
723.0381 - Civil Actions; Arbitration.
723.041 - Entrance Fees; Refunds; Exit Fees Prohibited; Replacement Homes.
723.042 - Provision of Improvements.
723.043 - Purchase of Equipment.
723.044 - Interference With Installation of Appliances or Interior Improvements.
723.045 - Sale of Utilities by Park Owner or Developer.
723.046 - Capital Costs of Utility Improvements.
723.051 - Invitees; Rights and Obligations.
723.054 - Right of Mobile Home Owners to Peaceably Assemble; Right to Communicate.
723.056 - Enforcement of Right of Assembly and Right to Hear Outside Speakers.
723.058 - Restrictions on Sale of Mobile Homes.
723.059 - Purchaser of a Mobile Home Within a Mobile Home Park.
723.061 - Eviction; Grounds, Proceedings.
723.0611 - Florida Mobile Home Relocation Corporation.
723.06115 - Florida Mobile Home Relocation Trust Fund.
723.06116 - Payments to the Florida Mobile Home Relocation Corporation.
723.0612 - Change in Use; Relocation Expenses; Payments by Park Owner.
723.0615 - Retaliatory Conduct.
723.062 - Removal of Mobile Home Owner; Process.
723.063 - Defenses to Action for Rent or Possession; Procedure.
723.071 - Sale of Mobile Home Parks.
723.072 - Affidavit of Compliance With Statutory Requirements.
723.073 - Conveyance by the Association.
723.074 - Sale of Facilities Serving a Mobile Home Subdivision.
723.075 - Homeowners’ Associations.
723.0751 - Mobile Home Subdivision Homeowners’ Association.
723.076 - Incorporation; Notification of Park Owner.
723.077 - Articles of Incorporation.
723.078 - Bylaws of Homeowners’ Associations.
723.0781 - Board Member Training Programs.
723.079 - Powers and Duties of Homeowners’ Association.
723.0791 - Mobile Home Cooperative Homeowners’ Associations; Elections.
723.081 - Notice of Application for Change in Zoning.
723.083 - Governmental Action Affecting Removal of Mobile Home Owners.
723.084 - Storage Charges on Mobile Homes.
723.085 - Rights of Lienholder on Mobile Homes in Rental Mobile Home Parks.
723.086 - Property and Lienholder Contracts.