Fla. Stat. 723.0615
Retaliatory conduct


(1)

It is unlawful for a mobile home park owner to discriminatorily increase a home owner’s rent or discriminatorily decrease services to a home owner, or to bring or threaten to bring an action for possession or other civil action, primarily because the park owner is retaliating against the home owner. In order for the home owner to raise the defense of retaliatory conduct, the home owner must have acted in good faith and not for any improper purposes, such as to harass or to cause unnecessary delay or for frivolous purpose or needless increase in the cost of litigation. Examples of conduct for which the park owner may not retaliate include, but are not limited to, situations where:The home owner has in good faith complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the mobile home park;The home owner has organized, encouraged, or participated in a homeowners’ organization; orThe home owner has complained to the park owner for failure to comply with s. 723.022.

(a)

The home owner has in good faith complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the mobile home park;

(b)

The home owner has organized, encouraged, or participated in a homeowners’ organization; or

(c)

The home owner has complained to the park owner for failure to comply with s. 723.022.

(2)

Evidence of retaliatory conduct may be raised by the home owner as a defense in any action brought against him or her for possession.

(3)

In any event, this section does not apply if the park owner proves that the eviction is for good cause. Examples of such good cause include, but are not limited to, good faith actions for nonpayment of the lot rental amount, violation of the rental agreement or of park rules, or violation of the terms of this chapter.

Source: Section 723.0615 — Retaliatory conduct, https://www.­flsenate.­gov/Laws/Statutes/2024/0723.­0615 (accessed Aug. 7, 2025).

723.001
Short title
723.002
Application of chapter
723.003
Definitions
723.004
Legislative intent
723.005
Regulation by division
723.006
Powers and duties of division
723.007
Annual fees
723.008
Applicability of chapter 212 to fees, penalties, and fines under this chapter
723.009
Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund
723.011
Disclosure prior to rental of a mobile home lot
723.012
Prospectus or offering circular
723.013
Written notification in the absence of a prospectus
723.014
Failure to provide prospectus or offering circular prior to occupancy
723.016
Advertising materials
723.017
Publication of false or misleading information
723.021
Obligation of good faith and fair dealings
723.022
Mobile home park owner’s general obligations
723.023
Mobile home owner’s general obligations
723.024
Compliance by mobile home park owners and mobile home owners
723.025
Park owner’s access to mobile home and mobile home lot
723.027
Persons authorized by park owner to receive notices
723.031
Mobile home lot rental agreements
723.032
Prohibited or unenforceable provisions in mobile home lot rental agreements
723.033
Unreasonable lot rental agreements
723.035
Rules and regulations
723.037
Lot rental increases
723.038
Dispute settlement
723.041
Entrance fees
723.042
Provision of improvements
723.043
Purchase of equipment
723.044
Interference with installation of appliances or interior improvements
723.045
Sale of utilities by park owner or developer
723.046
Capital costs of utility improvements
723.051
Invitees and live-in health care aides
723.0051
Rulemaking authority for implementation of ch. 2024-123
723.054
Right of mobile home owners to peaceably assemble
723.055
Right of mobile home owner to invite public officers, candidates for public office, or representatives of a tenant organization
723.056
Enforcement of right of assembly and right to hear outside speakers
723.058
Restrictions on sale of mobile homes
723.059
Purchaser of a mobile home within a mobile home park
723.061
Eviction
723.062
Removal of mobile home owner
723.063
Defenses to action for rent or possession
723.068
Attorney’s fees
723.071
Sale of mobile home parks
723.072
Affidavit of compliance with statutory requirements
723.073
Conveyance by the association
723.074
Sale of facilities serving a mobile home subdivision
723.075
Homeowners’ associations
723.076
Incorporation
723.077
Articles of incorporation
723.078
Bylaws of homeowners’ associations
723.079
Powers and duties of homeowners’ association
723.081
Notice of application for change in zoning
723.083
Governmental action affecting removal of mobile home owners
723.084
Storage charges on mobile homes
723.085
Rights of lienholder on mobile homes in rental mobile home parks
723.086
Property and lienholder contracts
723.0381
Civil actions
723.0611
Florida Mobile Home Relocation Corporation
723.0612
Change in use
723.0615
Retaliatory conduct
723.0751
Mobile home subdivision homeowners’ association
723.0781
Board member training programs
723.0791
Mobile home cooperative homeowners’ associations
723.0861
Attorney’s fees and costs
723.1255
Alternative resolution of recall, election, and inspection and photocopying of official records disputes
723.06115
Florida Mobile Home Relocation Trust Fund
723.06116
Payments to the Florida Mobile Home Relocation Corporation

Current through Fall 2025

§ 723.0615. Retaliatory conduct's source at flsenate​.gov