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Questions and Answers

What is the timeframe for delivering the approved prospectus to the mobile home owner?

45 days

A lot rental agreement is valid regardless of the grounds outlined in the chapter.

False

What is the minimum filing fee for mobile home parks that have not offered lots for lease prior to June 4, 1984?

$10 per lot

$75

$50

$100 (correct)

If the division does not make a finding within ______ days, the prospectus is deemed adequate.

45 Signup and view all the answers

How much is the filing fee for a mobile home park with 51-100 lots?

$150 Signup and view all the answers

What must the division maintain copies of?

Each prospectus and all amendments Signup and view all the answers

What is the filing fee for a park with 201 or more lots?

$300 Signup and view all the answers

What is the number represented by the term '723.011'?

723.011 Signup and view all the answers

What does 'division' refer to in the Florida Statutes?

Division of Florida Condominiums, Timeshares, and Mobile Homes Signup and view all the answers

What is the definition of Lot Rental Amount?

All financial obligations, except user fees, which are required as a condition of tenancy. Signup and view all the answers

Define a Mobile Home.

A residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet in length with the hitch. Signup and view all the answers

What is a Mobile Home Lot Rental Agreement?

Any mutual understanding or lease, whether oral or written, between a mobile home owner and a mobile home park owner. Signup and view all the answers

Who is considered a Mobile Home Owner?

A person who owns a mobile home and rents or leases a lot within a mobile home park for residential use. Signup and view all the answers

What is meant by Mobile Home Park?

A use of land in which lots or spaces are offered for rent or lease for the placement of mobile homes. Signup and view all the answers

Define User Fees.

Amounts charged in addition to the lot rental amount for nonessential optional services. Signup and view all the answers

What does Discrimination mean in this context?

Treatment of a homeowner differently regarding rent, services, or actions without a reasonable basis. Signup and view all the answers

What is a Resale Agreement?

A contract in which a mobile home owner authorizes the park owner to act as exclusive agent for selling the home. Signup and view all the answers

What powers does the Division have?

To make necessary public or private investigations and enforce rule compliance. Signup and view all the answers

What is meant by the term 'Pass-through Charge'?

The mobile home owner's proportionate share of direct costs and fees for government-mandated capital improvements. Signup and view all the answers

Which of the following is the Florida Mobile Home Act referenced by?

723.001 Signup and view all the answers

What does '723.006 Article 5' refer to?

Enforcement proceedings that the division may institute for violations of the chapter. Signup and view all the answers

The division has the authority to impose civil penalties for violations.

True Signup and view all the answers

Study Notes

Division: Refers to the Division of Florida Condominiums, Timeshares, and Mobile Homes under the Department of Business and Professional Regulation.
Lot Rental Amount: Encompasses all financial obligations, except user fees, obligatory for tenancy.
Mobile Home: A residential structure at least 8 feet wide and 35 feet long, transportable in one or more sections.
Mobile Home Lot Rental Agreement: Any understanding or lease between a mobile home owner and a park owner regarding placement in a mobile home park.
Mobile Home Owner: An individual who owns a mobile home and rents or leases a lot within a park for residential use.
Mobile Home Park: Land offering rented lots for mobile homes, primarily for residential purposes.
Park Owner: The individual or entity that owns or manages a mobile home park.
Mobile Home Subdivision: Individual lots owned by homeowners within an area designated for mobile homes, often maintained by the developer.

Financial Terms and Charges

Pass-through Charge: Share of costs and fees imposed for mandated capital improvements by the park.
User Fees: Additional fees for optional services beyond the lot rental amount, based on separate agreements.
Proportionate Share: Calculated share of total costs associated with mandated capital improvements, divided among the developed lots.
Discrimination: Unjust treatment of a homeowner concerning rent, services, or legal actions by the park owner.

Regulatory Framework

723.01 Short Title: Known as the Florida Mobile Home Act.
723.02 Application: Applies to residential tenancies where a mobile home is placed on lots in parks with 10 or more lots.
723.06 Powers and Duties of Division: Empowerment of the division to investigate violations and enforce rules.

Enforcement and Compliance

Investigation Powers: The division can conduct public or private investigations regarding compliance with the chapter.
Civil Penalties: Can be imposed for violations, with penalties up to $5,000 per violation, and may include refunds for improper charges.
Annual Fees: Mobile home park owners must pay a $4 fee per lot annually, with a 10% penalty for late payment.
Trust Fund: Fees and penalties collected are deposited into the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.

Prospectus and Disclosure Requirements

Prospectus Filing: Parks with 26 or more lots must file a prospectus with the division before entering into rental agreements.
Filing Fees: Based on the number of lots, ranging from $100 for small parks to $300 for larger parks, with specific fees for parks offering leases before June 4, 1984.
Disclosure Compliance: If park owners demonstrate good faith in complying with disclosure requirements, minor errors in disclosures may not be actionable.

Rights of Homeowners

Rights Protection: The act aims to protect the rights of mobile home owners and park owners while addressing inequalities in their relationships.
Flow of Information: The division must periodically notify complainants on the status of investigations into violations.
Consumer Remedies: Mobile home owners are entitled to various remedies for violations of the chapter, including the right to seek legal action.

Conclusion

Understanding the Florida Mobile Home Act and the definitions, financial aspects, and enforcement mechanisms is crucial for both homeowners and park owners to navigate their relationships and responsibilities effectively.

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