Fla. Stat. § 723.001 et seq. § 723.0381
Civil actions; arbitration.
Operative Text
(1) A civil action may not be initiated unless the dispute has been submitted to mediation pursuant to s. 723.037(5). After mediation of a dispute pursuant to s. 723.038 has failed to provide a resolution of the dispute, either party may file an action in the circuit court. (2) The court may refer the action to nonbinding arbitration pursuant to s. 44.103 and the Florida Rules of Civil Procedure. The court shall order the hearing to be held informally with presentation of testimony kept to a minimum and matters presented to the arbitrators primarily through the statements and arguments of counsel. The court shall assess the parties equally to pay the compensation awarded to the arbitrators if neither party requests a trial de novo. If a party has filed for a trial de novo, the party shall be assessed the arbitration costs, court costs, and other reasonable costs of the opposing party, including attorney’s fees, investigation expenses, and expenses for expert or other testimony or evidence incurred after the arbitration hearing if the judgment upon the trial de novo is not more favorable than the arbitration decision. If subsequent to arbitration a party files for a trial de novo, the arbitration decision may be made known to the judge only after he or she has entered his or her order on the merits.
Florida Statute § 723.0381 establishes a two-step process before a dispute between a mobile home park landlord and tenant can reach a courtroom: the parties must first attempt mediation under § 723.037(5), and only after that mediation fails under § 723.038 may either side file a civil action in circuit court. Once in court, a judge may send the case to nonbinding arbitration, where proceedings are kept informal and argument-focused. If a party rejects the arbitration outcome and demands a full trial but then fails to obtain a more favorable judgment at trial, that party can be required to pay the other side's arbitration costs, court costs, attorney's fees, and related expenses.
Plain English — not legal advice.
Under § 723.0381, a compliant mobile home park operator generally participates in the required mediation process before pursuing any civil action, keeping records of mediation attempts and outcomes. If a dispute proceeds to court-referred arbitration, operators typically present their positions through counsel in the informal arbitration setting the statute prescribes. Operators are generally aware that rejecting an arbitration decision and seeking a trial de novo carries financial risk if the trial result is no better than the arbitration outcome, including potential liability for the other party's attorney's fees and costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 723.0381 gives mobile home park tenants the right to participate in mediation before any civil lawsuit can be filed, and the right to bring a circuit court action if that mediation does not resolve the dispute. If the court refers the matter to nonbinding arbitration, tenants retain the option to request a trial de novo, though doing so carries a cost-shifting consequence if the trial result is not more favorable than the arbitration decision. Tenants who want to understand how these procedural steps apply to their situation may find it helpful to consult a tenant-rights organization familiar with Florida mobile home park law or to review resources provided by the Florida courts.
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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