Earlier this month, Governor Scott signed into law Chapter 2011-105, the Committee Substitute for Senate Bill 650.
One of the highlights of this Senate Bill is the creation of a new section of Chapter 723, Florida’s statutes governing mobile home park tenancies.
New Florida Statute Section 723.024–Compliance by mobile home park owners and mobile home owners–states as follows:
"Notwithstanding any other provision of this chapter or of any local law, ordinance, or code:
- (1) If a unit of local government finds that a violation of a local code or ordinance has occurred, the unit of local government shall cite the responsible party for the violation and enforce the citation under its local code and ordinance enforcement authority.
- (2) A lien, penalty, fine, or other administrative or civil proceeding may not be brought against a mobile home owner or mobile home for any duty or responsibility of the mobile home park owner under s. 723.022 or against a mobile home park owner for any duty or responsibility of the mobile home owner under s. 723.023."
Up until now, owners of manufactured housing communities (whether ROCs or third party investors) were often hesitant to contact local authorities to help remedy a home owner’s violation of a local code or ordinance (for example, a health or building code violation) for fear that the local authorities would cite the park owner, rather than the home owner, for the violation.
This new law should eliminate that hesitancy in regards to home owners that are violating local codes or ordinances in resident owned manufactured housing communities.
It’s clear that this new provision will apply to mobile home owners that are not members of a cooperative, condominium or mandatory homeowners’ association that owns or has the rights and responsibilities of enforcing the rules or covenants governing the community.
I would also suggest that there are very strong arguments in favor of F.S 723.024 applying to those home owners that are members of the condominium, cooperative, or mandatory homeowners’ association that operates the manufactured housing community. It’s apparent from the express language of this new section that it is the party that is actually violating the code or ordinance that should be held responsible for that violation.
That’s a welcome clarification for managers and board members in manufactured housing community ROCs and will certainly assist in the enforcement of community rules and regulations.
F.S. 723.024 became effective on the day it was signed by our Governor–June 2, 2011.