Fla. Stat. § 723.001 et seq. § 723.004
Legislative intent; preemption of subject matter.
Operative Text
(1) The Legislature finds that there are factors unique to the relationship between a mobile home owner and a mobile home park owner. Once occupancy has commenced, unique factors can affect the bargaining position of the parties and can affect the operation of market forces. Because of those unique factors, there exist inherently real and substantial differences in the relationship which distinguish it from other landlord-tenant relationships. The Legislature recognizes that mobile home owners have basic property and other rights which must be protected. The Legislature further recognizes that the mobile home park owner has a legitimate business interest in the operation of the mobile home park as part of the housing market and has basic property and other rights which must be protected. This chapter is created for the purpose of regulating the factors unique to the relationship between mobile home owners and mobile home park owners in the circumstances described herein. It recognizes that when such inequalities exist between mobile home owners and mobile home park owners as a result of such unique factors, regulation to protect those parties to the extent that they are affected by the inequalities, while preserving and protecting the rights of both parties, is required. (2) There is hereby expressly preempted to the state all regulation and control of mobile home lot rents in mobile home parks and all those other matters and things relating to the landlord-tenant relationship treated by or falling within the purview of this chapter. Every unit of local government is prohibited from taking any action, including the enacting of any law, rule, regulation, or ordinance, with respect to the matters and things hereby preempted to the state. (3) It is expressly declared by the Legislature that the relationship between landlord and tenant as treated by or falling within the purview of this chapter is a matter reserved to the state and that units of local government are lacking in jurisdiction and authority in regard thereto. All local statutes and ordinances in conflict herewith are expressly repealed. (4) If any provision of this chapter is held invalid, it is the legislative intent that the preemption by this section shall no longer be applicable to the provision of the chapter held invalid. (5) Nothing in this chapter shall be construed to prevent the enforcement of a right or duty under this section, s. 723.022, s. 723.023, s. 723.031, s. 723.032, s. 723.033, s. 723.035, s. 723.037, s. 723.038, s. 723.061, s. 723.0615, s. 723.062, s. 723.063, or s. 723.081 by civil action after the party has exhausted its administrative remedies, if any.
Florida Statutes § 723.004 establishes that the state legislature has recognized the mobile home park relationship as uniquely different from ordinary landlord-tenant arrangements, citing power imbalances that can arise once a mobile home owner has established occupancy. Because of these unique dynamics, the state has claimed exclusive authority — known as preemption — over the regulation of mobile home lot rents and all related landlord-tenant matters covered by Chapter 723. This means cities, counties, and other local governments in Florida are prohibited from enacting their own rules, ordinances, or regulations on these subjects, and any local laws that conflict with Chapter 723 are repealed by this provision.
Plain English — not legal advice.
Mobile home park operators in Florida should be aware that under § 723.004, the regulatory framework governing their relationship with residents is set exclusively at the state level, not by local municipalities or counties. A compliant park operator looks to Chapter 723 of the Florida Statutes — rather than local ordinances — as the governing authority for lot rent practices and related landlord-tenant matters. Operators also note that § 723.004(5) preserves the right of either party to pursue civil action to enforce specific enumerated provisions of Chapter 723 after exhausting any applicable administrative remedies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mobile home residents in Florida are protected under a state-level framework established by § 723.004, which recognizes that their situation involves unique vulnerabilities not present in typical rental relationships. Because the state has preempted local regulation of mobile home lot rents and related matters under Chapter 723, tenants generally look to state law — rather than local rent ordinances — when seeking to understand or assert their rights. Section 723.004(5) also preserves the ability to pursue civil enforcement of key provisions within Chapter 723 after administrative remedies have been exhausted, and tenant-rights organizations familiar with Florida mobile home law can help residents understand which avenues may be available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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