- (1) “Division” means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation.
- (2) The park owner or subdivision developer shall make and maintain a written record of the reasons for the increase in lot rental amount or reduction in services or utilities or changes to rules and regulations as applicable, which shall be as specific as the explanation required by subsection 61B-32.004(2), F.A.C., and which shall be retained for a period of 3 years. For example, if the reason for an increase in lot rental amount is an increase in operational costs, the park owner must disclose the item or items which have increased, the amount of the increase, any similar item or items which have decreased and the amount of the decrease. If an increase is based upon the lot rental amount charged by comparable mobile home parks, the park owner shall disclose the name, address, lot rental amount and any other relevant factors concerning the mobile home parks relied upon by the park owner.
- (3) If an agreement is reached between the committee and the park owner or subdivision developer, the terms of the agreement shall be stated in writing and signed by the committee and the park owner or subdivision developer.
- (4) If an agreement is not reached in the meeting(s), the homeowners’ committee may petition the Division to initiate mediation by mailing or delivering a completed DBPR Form 34-001, PETITION FOR MEDIATION BY HOMEOWNERS, incorporated herein by reference HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-19549%20"http://flrules.org/Gateway/reference.asp?No=Ref-19549 and effective May 2026 on the Division’s website at: https://www2.myfloridalicense.com/condos-timeshares-mobile-homes/ to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030 within 30 days after the meeting required by Section 723.037(4), F.S.
- (5) (a) A Petition for Mediation will be dismissed if a current DBPR Form 34-001 and all exhibits are not postmarked or delivered within 30 days after the date of the meeting required by Section 723.037(5), F.S. or if the park owner and mobile homeowners fail to comply with section 723.037, F.S.
- (b) A petition that does not include a properly completed current DBPR Form 34-001 and all exhibits shall be considered deficient. The Division will notify the committee in writing of the deficiency. The committee shall have 5 days after the date of the notice to mail or deliver to the Division corrections of the deficiencies. If the deficiency corrections are not postmarked or delivered within 5 days after the date of the notice, the Petition for Mediation will be dismissed. A petition will be considered received pursuant to Section 723.038(4), F.S., when all items required by this rule have been received and all deficiencies have been corrected.
- (6) If the homeowners’ committee petitions for mediation, a copy of the completed DBPR Form 34-001 and all exhibits shall be furnished to the park owner by Certified U.S. Mail, Return Receipt Requested, at the time the petition is filed with the Division. Notwithstanding this requirement, a mediator will be appointed within the time required by Section 723.038(4), F.S.
- (7) The park owner may petition the Division to initiate mediation by mailing or delivering a completed DBPR Form 34-002, PETITION FOR MEDIATION BY PARK OWNER, incorporated herein by reference HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-19550%20"http://flrules.org/Gateway/reference.asp?No=Ref-19550 and effective May 2026, and which may be obtained on the Division’s website at: https://www2.myfloridalicense.com/condos-timeshares-mobile-homes to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030, within 30 days after the date of the meeting required by Section 723.037(5), F.S.
- (8) (a) A Petition for Mediation will be dismissed if a current DBPR Form 34-002 and all exhibits are not mailed postmarked or delivered to the division within 30 days after the date of the meeting required by section 723.037(5), F.S or if the park owner and mobile homeowners fail to comply with section 723.037 F.S.
- (b) A petition that does not include a properly completed current DBPR Form 34-002 and all exhibits shall be considered deficient. The Division will notify the park owner in writing of the deficiency. The park owner shall have 5 days after the date of the notice to mail or deliver to the Division corrections of the deficiencies. If all deficiency corrections are not postmarked or delivered within 5 days after the date of the notice, the Petition for Mediation will be dismissed. A petition will be considered received pursuant to section 723.038(4), F.S., when all items required by this rule have been received and all deficiencies have been corrected.
- (9) If the park owner petitions for mediation, a copy of the completed DBPR form 34-002 and all exhibits, shall be furnished by the park owner to the homeowners’ committee by Certified U.S. Mail, Return Receipt Requested, at the time the petition is filed with the Division. Notwithstanding this requirement, a mediator will be appointed within the time required by Section 723.038(4), F.S.
Rulemaking Authority 723.0051, 723.006(7) FS. Law Implemented 723.037, 723.038 FS. History–New 2-6-85, Formerly 7D-32.04, Amended 8-2-87, 10-13-87, 10-2-90, Formerly 7D-32.004, Amended 8-31-94, 11-15-95, 1-19-97, 6-29-26.