(1) A park owner may at any time record, in the official records of the county where a mobile home park is situated, an affidavit in which the park owner certifies that:
(a) With reference to an offer by him or her for the sale of such park, he or she has complied with the provisions of s. 723.071(1);
(b) With reference to an offer received by him or her for the purchase of such park, or with reference to a counteroffer which he or she intends to make, or has made, for the sale of such park, he or she has complied with the provisions of s. 723.071(2);
(c) Notwithstanding his or her compliance with the provisions of either subsection (1) or subsection (2) of s. 723.071, no contract has been executed for the sale of such park between himself or herself and the park homeowners’ association;
(d) The provisions of subsections (1) and (2) of s. 723.071 are inapplicable to a particular sale or transfer of such park by him or her, and compliance with such subsections is not required; or
(e) A particular sale or transfer of such park is exempted from the provisions of this section and s. 723.071.
Any party acquiring an interest in a mobile home park, and any and all title insurance companies and attorneys preparing, furnishing, or examining any evidence of title, have the absolute right to rely on the truth and accuracy of all statements appearing in such affidavit and are under no obligation to inquire further as to any matter or fact relating to the park owner’s compliance with the provisions of s. 723.071.
(2) It is the purpose and intention of this section to preserve the marketability of title to mobile home parks, and, accordingly, the provisions of this section shall be liberally construed in order that all persons may rely on the record title to mobile home parks.
History.—s. 1, ch. 84-80; s. 60, ch. 85-62; s. 930, ch. 97-102.
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.