HomeMy WebLinkAboutHacienda Village
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DRAINAGE EASEMENT
HACIENDA VILLAGE, INC., a Florida corporation,
hereinafter called "Grantor," for Ten ($10.00) Dollars and
other good and valuable considerations to it in hand paid,
receipt of which is hereby acknowledged, does hereby grant
to the City of Winter Springs, Florida, hereinafter called
"Grantee," whose address is One North Fairfax, Winter Springs,
Florida, 32707, a non-exclusive easement for the use and
maintenance of drainage facilities within a right-of-way
described on Exhibits "A" and "B", which are attached hereto
and made a portion hereof by reference, and is known as "Gee
Creek."
IN WITNESS WHEREOF, Grantor has caused this easement
to be executed this 31st day of January, 1974.
:Z~~~
Lance A.Lawrence ,11,,-
Secretary _:-- -.
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(Corpot;'a te'-:~~~a~);
STATE OF FLORIDA
COUNTY OF ORANGE
, ,- r"-.
I HEREBY CERTIFY that on this 31st day of January,
1974, before me personally appeared Lance A. Lawrence, Secretary
of HACIENDA VILLAGE, INC., a corporation under the laws of the
State of Florida, to me known to be the person who signed the
foregoing instrument as such officer and acknowledged the
execution thereof to be his free act and deed as such officer
for the uses and purposes therein mentioned and that he
affixed thereto the official seal of said corporation, and that
the said instrument is the act and deed of said corporation.
WITNESS my hand and official seal at Orlando,
County of Orange, and State of Florida, the day and year
last aforesaid.
ot ry
My co expires,:
tfOTARY PUBLIC, STAlE OF FlORIOA AT LARat
MY COMMISSION EXPIRES FEB. 21, 1976
.bNDED THROUGH MURoskl' HUCKl..'URY. INC.
This Instrument Prepared
by: Jack Cooper, Esquire
P. O. Box 1346
Winter Park, Florida 32789
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DRAINAGE EASEMENT
HACIENDA VILLAGE, INC., a Florida corporation,
hereinafter called 11Grantor," for Ten ($10.00) Dollars and
other good and valuable considerations to it in hand paid,
receipt of which is hereby acknowledged, does hereby grant
to the City of Winter Springs, Florida, hereinafter called
"Grantee." whose address is One North Fairfax. Winter Springs.
Florida. 32707, a non-exclusive easement for the use and
maintenance of drainage facilities within a right-of-way
described on Exhibit "A," which is attached hereto and made
a portion hereof by reference, and is known as "Gee Creek."
IN WITNESS '~ER~,
to be executed this / g ---
Grantor has caused this easement
day ~ ,1974.
HAC ENDA VILLA . , INC
BY'~ d~"A_ ,'--
ance A. Lawrence
Secretary
~~ -J~. .,-.
~o.~
(Corporate Seal).
STATE OF FLORIDA
COUNTY OF ~ ~
I HEREBY CERTIFY that on this J'~~ day of
1974, before me personally appeared Lanc~wrenc Secretar
of HACIENDA VILLAGE, INC., a corporation under the laws of the
State of Florida, to me kno~~ to be the person who signed the
foregoing instrument as such officer and acknowledged the
execution thereof to be his free act and deed as such officer
for the uses and purposes therein mentioned and that he
affixed thereto the official seal of said corporation. and that
the said instrument is the act and deed of said ;qrooration.
~SS my hand and official seal at a / ~ ,
County of ~ , and State of Florida, ih~d~y and year
last aforesai -:--~7
. . . --/ta~.
llc
expires:
NOTARY PlJBlIC. STATE OF flORIDA AT LARGE
MY COMMISSION EXPIRES FER. 21. 1976
aONP-Ll) THROIJGH MUROSKI' HUCKLEBERRY. INC.
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(a) . Single wide mobile homes
:,.:;.:;~ .
1.
(Including hitch)
Nominal en th of mobile
to 40' 41' to 60' 61'
home
[, u"""
u
Frame ties
er side
Over-the-roof
ties 'Oer side
Number of anchors
'Oer side
3
5
"7
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3
3
3
3
5
7
'2. 'l'ie-down straps
All tie-down straps shall be l~" X .035" galvanized
(.30 oz. per sq.ft.) steel strap conforming to federa~
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spec. QQ-S-781F, Type 1, Class B, Grade 1 (or equivalG~t)
3. The first over-the-roof and frame tie point must be
within twenty-four (24) inches or at first stud and truss
from each end. All other over-the-roOf and frame ties shall
be as equally spaced as is feasible. All frame ti~~ shu 1.. be
s~cured to t~e main steel beam that runs the length of the hom~.
(b) Double wide mobile homes
Double wides shall have frame ties installed within
twenty-four (24) inches of each end and at intervals as
described for single wide homes.
These specifications are minimum standards set by the Department
of Highway Safety and Motor Vehicles. The number of over-the-roof
and frame ties may exceed the minimum standards, if the mobile homu
manufacturer's certifying registered engineer so specifies on his
.'
certified plans and specifications.
Provided, that those mobile homes which are presently tied down
in compliance with the requirements of the insurance company
insuring same, or the city or county wherein such mobile homes
a~e located, and have been approved by the insurer, shall he de~re~d
to have complied with the tie-down standards of the departm~~t d~
.
l;~l~ :L:orth on the attached pages. Upon relocation of such ("Old."
hOlllUU, howovar, tho dopa.rtment tie-clown roquir<.HCH..lnLu ,.h..ll "",11 'f-
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MOBILE HOME COMMUNITY
500 LCNGWOOD-OVIEDO ROAD (SR434)
NORTH ORLANDO, FLORIDA 32707
_____n__________________________ ------------7---------- ---- ----------- LEAS E - --.-------- ----------------------------.--- -- ----_________________
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LEASE entered into at North Orlando, Florida this ...J.9.t...... day of ..........~~.................... 19..7.?.........
between HACIENDA VILLAGE (Management agent for Western Land Planning Company) and ...................................
.~.~..f.;1,.~..~y................ (Lessee).
WHEREAS. Lessor is the owner of real estate located in Seminole County, Florida developed into a mobile home
park known as HACIENDA VILLAGE (Park), and
WHEREAS, Lessee IS the owner of a mobile home and desires to lease space in the park for his mobile home.
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NOW. THEREFORE. the parties mutually agree as follows:
1) In consideration of the payment of rents. the full and faithful observance of all covenants of this lease and the "--
faithful observance of the Rules and Regulations of the Park, Lessor hereby leases to lessee Lot Number .....~..<j{,..."'?l.
HACI ENDA VI LLAGE. for installation thereon of Lessee's mobilehome (.............y~~~......................~...............
.~.12.... Z.4.:x:4.a................... ................ :............................................................................ .~~.~.~~:'~~~~:... ............... ............)
,', Model i {, Serial Number. ,
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The mobile home and the lot shall be occupied by Lessee and by Lessee's family consisting of .......~..............
adults and .........N.o.......... children;
2) The term of this lease shall be for a period of one (1) year. commencing bn the ......J.st...... day of
.~~.................................19..7.~.... and terminating on the .....~~~..... day of ...;......~.......................
19..'m .75. Rent,;!;. . '. & ~.~ lease, maxi.nun irK:rease.$ 5.00 each year.
(,-t, ~ p ;J.II~.;
3) The following p menu shall be made during the terms of the Lease: ~
a) Annual rental of $J~7~~.99.......... plus sales tax of $.......:::9::-........... (4%)' payaple in equal monthly
installments in advance, as follows: $~~.~.9~L............ upon the execution of this Lease. constituting payment of the
first month's rent. and a like sum on the 1st day of each month thereafter for the term of the Lease.
b) Entrance fee in the sum of $....'::".~.............. which fee shall be paid by Lessee at once/equally over a 12-
month period (cross out one) with no interest accruing to Lessee. 1st & Iast M::lnth 'S. Rent.
c) Deposit. upon execution of the Lease, in the sum of $.9.6.0.0............. to be retained by Lessor as a
security for performance by Lessee of all terms. covenants and provisions of this Lease. In consideration of any default
by Lessee. Lessor may apply the deposit to the damages and expenses resulting from such default. The deposit shall
not constitute liquidation damages for excessive claims. Upon termination of this Lease or any renewal thereof, Lessor
shall return the balance of the security deposit to Lessee less sums retained for defaults and damages.
d) Lessee agrees that he has obtained a copy of the Rules and Regulations. has read them in full and under-
(stands them completely. Lessee agrees on behalf of himself, and on behalf of all those who may occupy his mobile
home as a resident or as a guest from time to time, to comply with these Rules and Regulations and with any additions
o. mod;tl",tion, deemed n"""",ny by Le"o. fo~ the pmoo. ,nd eW,'ent op",,'on of the P"k. L",,", '9"'" to notify
Lessee of additions or modifications of the Rules and Regulations.
e) This Lease may be cancelled at Lessee's option and Lessee shall be relieved upon cancellation of any future
responsibilities or duties arising out of this Lease, the covenants and conditions or Rules and Regulations, but shall be
held responsible for any damages arising from defaults prior to the effective date of cancellation. Cancellation shall be
made by written notice given by Lessee to Lessor at least five (5) days prior to termination.
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f) If the Lessee shall fail to pay the 'rent as provided in Paragraph 3 at the time and in the manner stated. or
i shall fail to keep ~nd\perform; a~y other conditions. stipulations 'or agreements contained' on his part to be kept and
performed. including the Rules and Regulations, or should title to or possession of Lessee's mobile home located in the
Park be sold, assigned, voluntarily, involuntarily or by operation of law. or should any creditor or creditors of L~see or
any rec.eiver or trustee on behalf of such creditor or creditors, or any other person or persons by levy. attachment or
other proceedings. obtain title to orl possession of said mobile home, or shall Lessee voluntarily or involuntarily become
a bankrupt. the same shall constitute a forfeiture of this Lease and of all rights of the Lessee hereunder as provided in
.~.
the next paragraph. .
In the event of a breach of any covenant by Lessee, other than nonpayment of rent for which no notice
shall be required. Lessee shall have fifteen (15) days after notice by Lessor to cure or discontinue such breach, and
failure to cure or discontinue such ;breach within such time shall operate as an automatic forfeiture of this Lease.
g) Lessee shall pay and discharge all costs. expenses and attorney fees which shall be incurred or expended by
Lessor due to any breach of any hovenant, provision or condition of this Lease or of the Rules or Regulations by
Lessee.
h) This contract shall be binding upon Lessor. its successors or assigns, and upon the heirs. assigns, administra-
tors or legal representatives of Lessee. as the case may be.
IN WITNESS WHEREOF. the parties hereto have executed this instrument for the purposes herein expressed the
day and ~ above written. .
WI.~~~c;?~~
Pet Fee:
................-..............
HACIE~DA VI GE. Lessor~"
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By..... ..................................... .....a~~...
.- .. .. ..~~
Iessee.:....
Lessee:
..'..................................................;,......................................................
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RULES & REGULATIONS
HACIENDA VILLAGE
MOBILE HOME COMMUNITY
HACIENVA VI LLAGE w.i6hu t.o extend a heaJlty WELCOME to OWl new llu.i..den:U.
The goal .i..n planh-tng a.nd develop.i..ng HACIENVA VI LLAGE h46 been to Clteate
a beau.U6ut paJt1z.! 00 peace and quiet, lovety glZ.OWld6 and com60llt wh.i..ch
will pltov.i..de a caILe61lee way 06 U6e nOIl you, YOWl oamUy and guu.t&.
We Me plloud 06 HACI ENVA VI LLAGE and we know you wLU beah, 0 . S.i..nce
th.i6 .i6 YOWl. home, you w.i.U want to keep U 46 lovely 46 U .i6 now.
It .i6 up to you 46 llu.i..dent6 t.okeep U ~ o. HACI ENVA VI LlAGE h46 ceJLta.in
poUuu that con.tll..i..bu.te to the qu.aLU:.y which they want to uphold. Y~
M~.i6tanc.e and cocpe.tr.a.ticn ,lJ.i...U, be glteatly applledated bec~e th.i6 ~
YOUR HOME.' .. .
VEPOSIT ; Tenant bha..U. lea.ve on depo4U the amount 06 one (1) month' ~
leMe. Th.i6 depo~U w.iU be lle6wlded to the tenant wUhin 30 daY4 06
vac..a.ti.ng plle.m.i4U wlih the exception 00 any amount neCU.6a1lY 601t any
dean.i..ng, ltepcUJr. 06 lot, Olr. othell. mon.i..u due the PMk 4uch a6 ta..te Iten.tal.
paymerr.t c.haJLgU, cl.ubhou.6e damage, pool damage, etc.
MONTH LY RENT; Monthly Iten:tetl .u, paya.ble .in a.dvance ort Olt be60lte the 6.i.Jc4t
day 00 each month. PaymetLt6 Itecuved aoteJt the 6.i..Mt 06 the month w.iU
be 4ubject to a ten pell. cent (10%) deLinquent chMge.
I
OCCUPANCY; No mobUe home ~haU be' ~uble.t nolt M~-ignment 00 th.i6 leMe
made w-lthou.t wlVUten co~ent 00 Management. No ~ale 06 tenant' ~ mobUe
home ~hal.l. c.MJty wUh U any ILighu -in tlU..6 le46e wUhou:tthe expllu.6
co~ent 06 Management and any attempt to otheJlW~e tJta~6eJ1. ltighu 06
the UMe ~haLe. be nutl, vo-id and 06 no e66ec.:t. .
GUESTS & CHI LVREN: AU. guuu mU.6t be accompaJu.ed by a Itu.i..dent when
U.6.i..ng the lteClteat.i..onal 6aci.UUu. CltUdllen Me welcome M guu:t~ and
v~LtoIL6, howeveJI., chi1.ciJLen undell. 12 mU.6t be ~upeJtv~ed by an adutt.i..n
the Itec.lteat.i..on and pool MeM. Ru.i..denu hav-ing cWciJLen 46 v~UoM
Me lteque.6ted to do~ely ~upell.v~e the..i..ll. acUvWu -in oJtdeJI. to Tl'.cUntai.n
the quiet and com60lltable atmo.6 phell.e 06 HACI ENVA VI LLAGE. Tenant tdill
be held 6uUy lZ.upoM..i.ble 601t any damage done to the paJth plZ.opell.ty all.
the pltopell.ty 06 otheJrA by 1Li/, c.Wdllen all the cWdJten v.i6Wng w..i.:th
. r~. B-icyc.l.u and toy.6 Me not tu. be le6t ..i.n tile .6tJteet.6. A max..i.mum
06 two guuu pell.tenant ~ aUowed .in the lteCltea.Uon alteM. Contact
the 066.ic.e c..onceJl.Yl...i.ng hOU6 e guuu a.nd p0.64.i..ble excep:tio~.
PETS: Pet.6 wLU be peJun.i..tt.ed at the cU6C1te;ti.on 06 :the Mana.gement w.U:h
wlVUt~ a.ppJtoval no:ted on tena.nt'.6 leMe and a $50.00 depo.6U 601t each
pet CA.ill be depo.6Ued .i..n advance. AU pw mU.6t be kept undeJt conbtol
at aLe. wu a.nd mU.6t. be on a leMh when outdooM and walked .in the
po~ted MeM .i..n oltdeJI. not to 066end non-pet OWtteJrA. It ~ mO.6t annoy.ing
to othelr. 1te6.iden.t6 to be .plagued by mU~U -in Me46 Mound the..i..ll. homu.
,'~...;,~ ."",""oll'~j:'~';~ ,,,.,.,
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SPEED LIMIT: The 6peed Umit within the PMk .u, 1LC6.tJzicted to 15 mUu
peIL hoWL a;t aU .t.i..mu .60 M to MI.lWLe max..i.mum .6a6c;tlj.
PARKING OF VEHICLES: Tenant Oft. gue1Jt1J Me to pMk theift. ve/zici.u on theift.
OWlt d:ri..veLt'ay onty and not on the .6.tJLee.:t1J OIL on the l(U,llH. Thue MeM
mu..ot be kept open 60IL emelLgency ve/zic.f..u (PoUce, Fitre and Ambulance) .
Leu Me duigned 60IL JtOt mOlLe than ~o (2) veltictC6 peIL mobile home unit.
16 addWonal. palt.king .u, needed nOIL paJLtiu, etc., checll with Management
a.nd you. may u..o e the Sa.f..u 066.(ce OIL :the Rec.ILea..tion Bu,U.dirlg pMlung Iou.
FHJCES: Two typu 06 6encu will be pelLmU.te.d by the pM':.. Both alt.e
o~wood and alt.e not to exceed 5' in hught noft. alt.e they to be Vte.c.ted
in the nft.ont 06 a.ny mobile home. The two type,~ pvooi;t;ted Me a. Ba..6ket
Weave 6etlCe and a Shadowbox. AU.. 6encing mMt be applLoved by :the Managemen.t
be60lte they alt.e built.
TELEPHONES: Telephone connectioM Me available at aU .6pacu by unde.IL-
gltC'und cabte. Pu,bUc te.iephonu alt.e avaif..abte 60ft. yoWl U6 e .if! the pMk.
LOT CARE: Each mobile home lot .6haU be kept clean, neat and ~'la.ctive
and no debw OIL equipment 06 any natWLe .6haU be .6toJr.ed on the pILem11Ju
out1Jide the mobile home. Management aM:...tclu may be .6tolLed unde.ILneath
mobUe home belzind peJz..manent .6k.iJz...t. Lawn calLe will be oWlY'viAhed by the
Mana.gement. No .6/vwb.6, 6toWe.IL.6, OIL .tItee..6 pf..anted on pILopeJLty .6ha..te. be
Jtemoved by tena.u;t u.nte..6.6 Itecu.6a1Ly .in the ILemoval. 06 t.he home. The
ptaltt.ing 06 :tJr.eu, .61l1l.u.b.6, etc., .u, encoMaged but to pMtec.t undeILglLound
fL'ti.U,Ue..6 pl.a.ntiltg MUST be ctealLed thJr.ough the 06 nice.
LOT 1 MPROV(MENT: No cC'n.6.t1tu.cti.on inc1.u.diltg pOlLchu, .6tep,6, awrU.ngl.l,
u.ti.LUy building.6, c.abanM, a.iJr.. condi.u.one.lL.6, e.iec.:tJr.ical., plumbing Oil.
bu.-Ud..i.ng addU.lon.6 will be peJz..mU.ted without COn.6uUblg the Management.
Vio.ta.:ti.oltl.l 06 th.L6 lLegu.f..a..tion .u, .6ubjec..t to having COn.6:tJr.ucti.on ILemoved
at tenant'.6 exp et11J e.
TRASH: GMbage, ,wbb.i..6lt, etc.., will be placed in galLbage can.6 onty.
Fee nOIl. pickup 06 one 20 gallon conta..ineIL iI.l ,[ncluded in the ILent.
Tenant may pft.ovide additional 2. 0 gillon COI1.ta.i.He.M i6 necu.6aJ!.lj. Foil.
each adc:Li..:Uonal. cOlttaineJt at h.U, mobile home, the tenant will pay an
addU.lonal. chMge 06 50 cen.t6 peIL month. GMbage will be. picked up
-tv:ice a week. 16 YOM gMbage -iA not ft.eJ1loved, p.teMe 11o.t.i.6Y the 066-i.ce
c:.t onc.e.
UTI LITI ES : Palt.k wLU. 6WLn.l6 It wa..teJr.. and -6 WelL ou.t.ew to each lot.
GM and e..tec.tJr...i.c..liy will be metVted cLi1tectly to e.adt lot by t.he u.t..i.Li.;ty
c.ompany and b.lf...ted to the tenant. Anaddit..i.onai chMge w.ltl be made
to tho.6e tenanu owning thw own wa..6fUng machine 06 $5.00 pe.IL month.
ThM chaILge .u, not t.o cU.6c.owr.age .6uch owne.lL.6hip, me./te1y to cove.Jt the
additional. CO.6t 06 M.'ate.Jt and .6e.LvVt.
LAUNVRY: LaundlLy 6aci..Utie..6 o~ WMhe.1L.6 and d1l.lje.1L.6 aILe pltov,[ded. Clo:thu
Me not .to be hUHg out1Jide to dlLlj.
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. NUISANCE: Any lLuident. that .u, CJl.ea.t.Lng a 1'lt..U.6anc.e OIL tltouble w,[tfUn
the pa1l.k .u, ~ubject to evic.tion 61L0m the palL"- upon notice nlLom Management.
NOISE: ' Tenant ~ha,U not make any exceMive no.u,e OIL p.la.y any /ta.d,[o,
~telteo, tdev.u,ion.6 e.t, mMic.al iMtltument .60 .tourLe.y that they Me.
objec.tionab.te and annoy othelt tena~.
BUSINESS: No commeltci.ai. enteltpwu OIL adveJLtU,ing nOIL ~uc.h commeltua..l
enteJtpwu .6ha.U be conducted on :the plLe.nU-6U. PeddUng OIL ~oUci.ting
Me plLolUbUed in :the. PMk. wUhout :the explLu~ wltitten co~eJLt 06 the
PMk.. Noticu may be 'p.taced on the PMk. buU.e..:ti.n a6telt applWval 06 :the.
Ma.na.g ement.
ALCOHOLIC BEVERAGES: No a..tcohoUc oevelta.gu ~ha.U be .6o.td, .6e1lved OIL
cOMumed in the lLeCJl.ea.Uona..t Mea OIL in OIL about any bu.U.ding wfUc.h i.6
PMk plWpelLt.y,untU.6 applWved by :the Management.
INSURANCE: 'The. owneJl4 06 HACIENVA VI LLAGE ab~o.tve. thcln6dvu nlLom any
- and a.U UabiUty OIL ILupoMibiUty pelLt.a.bung to .t0~.6 by 6iJte., the6t,
accident, peJl40nal injUlLy OIL any o:thelt mi.6hap :to any :tenant, guu:t OIL
. vi.6UoIL. _ '. ' .
TELEVISION: No TV ante.nna.6 Me. :to be eIlecte.d on OIL about the. mobi.te
home unLt. Cab.te TV w.m be oUelLe.d :to pMk ILuide~. At :the .tUne 06
c.onned.ion, the 6iM:t month .6 eIlvice wil.t be 61Le.e 06 chMge..
TERM1 NA T10N OF RESIVENCY: I6 the :tenant w.u, hu to :teJun<.nate. ~ ILuide.ncy,
a :tlUlLty' (30) da.y notice in wlLU:..ing .6haU. be. give.rt. Fa..U.wte. to compty
w.t.U ILUuU in6oIL6eU:wte 06 de.po~U.
PARK FACILITIES --
CLUBHOUSE: AU :tenanU Me. membeJl4 06 the. Community C.tub, and :the. C.tu.b-
hOMe. i.6 ava.ila.b.te 60IL Me by lLuide~. Any ILuident duilLing to ILUeltve
the. CfublWom 60IL a .ta.Jr.ge plLivate. pa.Jr.t.y may ~ubmU: a WJU:t:ten ILe.quu:t at
.te.Mt 2 wee.k..6 in advance., giving the. .tUnu and date.. AU.. ~uch land.ioM
mM:t be appILoved. Theile i.6 no ILe.ntal 6e.e., but. :the. ILuide.nt ma.k.,[ng :the.
lLequut i.6 ILupoMib.te. 601L any damage, mi.6~ing Uem~ and de.a.ntinu.6.
Soda.b.te. and 61Lie.ncl.e.y gathe.lLing.6 06 ILuiden:t6 and the.iJt guut.6 Me.
we.tc.ome.d and enc.oWta.ge.d, plLovided, howeveJt, that .6uch ga.theJL.i.ng.6 aile not
aU.owe.d:to be.come bo.u,:telloM, ob.6cene. OIL obje.ctionab.te. ge.neJta.Uy :to the.
o:theIL ILuide.n:t6. Noticeabie. c/Juink.enu.6 w.U1. at no .time. be. peJtm.u.ted OIL
toie.Jr.a.:ted. Ruide.n:t6 Me e.ntUtdy lLupoMibie naIL \ the conduct 06 theiJt
guuu iMide OIL ou.:t6ide on :the plLe.mi.6 u.
No one. undeJt 21 i.6 CLUowed in the CfubhoMe antell 1:00 P.M. untU.6
accompanied by a. Palte.nt. The. only e.x.ceptioM Me. tho.6e ILuident.6 undell
21 who.6 e name.6 Me on a ieM e. CIlil.dJr.en undeJt 12 mMt be .6Upeltvi.6 ed
by' an aduU in the CfubhoMe.
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SWIMAUNG POOL: UYtIle.Ct6 onabLe. 110-05 e., ILUl1tUl1g 011 the. dee.EM, pM lUng, /.1.;Jle..6Wtr.g
Oft baU plaljil1g w.iU not be. toleJW.:te.d at. any -time. ThM e.onduc;t -05 dangevr.oU4
and -iA annoying to othe.Jt fte..6ide.nt6.
Wtn6 lUte. pftO vide.d6 0 ft ug lUteX:tlUl, and :tJtCt6 h fte.e.eptaue..6 lUte. a vai.i.a.ble. nO ft
c.an.6 and :tJtCt6 h. Ple.Ct6 e U6 e. thlUl e. 6ac..-i...tilic,~.
Bo:tte.e6, gW.6 e6 Oft gla.6.6 ob j e.rn wUt not be. pvunLtte.d at. any .tUne. il1
the. viun.i:ty 06 the. pool. BJtoke.n glaM e.an e.aMe. .6e.Jt.iOM injUJty, and-i6
any gla..6.6 ge.:t.6 .into the. pool, the. fte6ult.. wUl be. the. e.lo.6ing 06 the. pool
60Jt .6 e.veJutt day.6 to a we.e.k. .60 that. .it.. e.an be. dJta.ine.d and vae.uume.d. TJtaYlh-iAtoJt
JtacU..O.6, Jte.c.oJtd pR.a.ye.Jt.6 ,0Jt te.le.v-iA.io n .6 e.:t.6 may be. played .in the. pool lUtea
pftov.ided the.y lUte. playe.d at. a ve.Jty low volume. .60 Ct6 not to cl-WtJtu.b othe.Jt.6.
No pet6 w.iU be. aUowe.d lUtound the. pool aJte.a at. any t...ime..
No mOJte. than :two gUe6U .6hould be. .inv.it..e.d by anyone. Jte6.ident at. any time..
V-iAUoM lUte. not peJtl7l.i..;tte.d to Me. any 06 OUlt 6au.e.u.ie6 unle6.6 ac.c.ompan.ied
by a Jte6.ide.nt. .
ChildJte.n unde.Jt 72 ye.aM, v-iAiling Jte..6.ide.nt6, mMt be. ac.e.ompatUe.d by an
adult.. membe.Jt 06 the. 6am.i.e.y clwUng the. e.IUld'.6 e.n:t.iJte. .6tatj in the. pool aJte.a.
The. Manageme.nt Jte..6e.JtVe6 the. .6ole. Jt.ight.. to deny .6w-i.mm.ing Oft loung.ing
pJt.ivUe.ge6 :to anyone. at. any -time. w.it..hout noue.e..
AU... Jte6.ide.nt6 and gUe6U lUte. e.autione.d that. the.lj Me :the. pool, U'.6
e.qu.ipme.nt and 6ac..i.e.ilie6 at. the..iJt own wk. The Management dOe6 not
Ct6.6ume.liabU.it..y 60ft the. lo.6.6 06 pe.Jt.6ona.f. pJtope.Jt.ty OJt 60ft pe.Mona.f. .injWUj
06 Jte6.ide.nt.6 OJt the..iJt gulUlU.
POOL ATTIRE! The. de.6itUt...ion 06 pftOpe.Jt pool ~e. fte.6eJtJte.d to by the
poot .6-<..de.6.{,gJt dOe6 not .inc.fude. e.ut-06o .6how Oft any nOJtma..t .6t..Jtee.t.. applUte.l.
Th-W -iA not only a HACIENVA VI LLAGE Jtu.f..ing, butal.6o a law 06 the. st..at.e.
06 FloJt.ida. V.iolation.6 c.outdJte6ult.. .in the. pool bung c..f.o.6e.d 60Jt Val'viOM
le.ng.th6 06 t...ime..
TELEPHONE NUMBERS: The. HACIENVA VILLAGE Manage..tt'.6 066ie.e. te.le.phone.
nwnbe.M lUte. 323-6057 and 834-7439. The. 834-7439 telephone. numbevr..i.6
aJUlwe.Jte.d 24 hoUM a day by e.lihe.Jt the. fte6.ide.nt manage.M Oft the. an6we.Jt.ittg
.6 e.Jtv.ie.e..
\ ,
16 yoUJt pho ne. numbe.Jt -iA no:t llite.d .in the. cUJc.e.c.t..oJty, ple.Ct6 e. adv-iA e. the.
o06.ie.e. 00 the. numbe.Jt noJt eme.Jtge.ne.y and bM.ine..6.6 fte.Ct60M. YOUlt :tele.phot:e.
numbe.Jt w.iU not be. Jte.le.Me.d to people. who e.ali nOJt tft-iA .in60Jtmation unle.6.6
yqu g.ive U6 wJt.it.t..en appJtova...f..
The Management Jte6e.JtVe6 :the. Jt.ight :to add OJt to mocU6Y :the6e Jtu.f.e6 and
fte.gulatioM Ct6 the.y deem nee.e6.6aJty nOft the e.orz:Unued maintenane.e. 06 a.
6.ine Jte6.ide.n:t.ia...f. e.ommu.n.U:y. It -iA unde.Jt.6tood that. 6ailUJte .to e.omply wUh
:the6e Jtu.f.e6 will be e.aM.e noJt eviw..on.
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I, , have Ite.ad :the ooltegoing Ittl1.u
and lte.gul.ation.6 I.>e.;t ooJt:th by HACIENDA VI LLAGE and :to agltee :to abide by them
.unpUciil.y.
Tena.nt
Tenant
Va.:te
P Mh. Repltu e.n.ta.:t-i. v e
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FLORIDA LAND COMPANY
~
A SUBSIDIARY OF FLORIDA GAS COMPANY I POST OFFICE BOX 44 I WINTER PARK. FLORIDA 32789 I PHONE (305) 644-2210
December 21, 1970.
Honorable Mayor Clifford Jordan
and Village Council of North Orlando
1 North Fairfax Avenue
North Orlando, Florida 32707
Re: FLORIDA LAND COMPANY
ZONING REQUESTS
Gentlemen:
f.i
This correspondence is to clarify the understanding of Florida
Land Company's recent zoning requests, as they relate to exist-
ing deed restrictions in the Village of North Orlando~ . With
such clarification, we hope that a basis might be provided for
the consideration of our requests that may help in expediting
these requests.
The Florida Land Company was informed of the'existence and con-
tent of land use restrictions when the property was.purchased.
We have been advised by legal counsel that no land use restric-
tions have been imposed by the Florida Legislature as a part of
the village charter, nor according to the best information we
can obtain, by any special act.
We would like to point out that the land area proposed to be a
Planned Unit Development includes the platted area of the North
Orlando Ranches, Sections 11, 12, 13, 14 and 15. Deed restric~
tions were never filed and made a matter of record in Seminole
County on Sections 13, 14 and 15. Deed restrictions in the
other sections of the Planned Unit Development area are subject
to cancellation, provided by law, since Florida Land Company
totally owns all of the property contained in those areas.
In the Southern Residential Area where R-1 zoning has been re-
quested, we realize that our request overlaps into a portion of
Orlando Ranches, Section 3. The deed restrictions on Section 3
provide that no home less than 1,000 square feet is to be con-
structed. That deed restriction does not prohibit the re sub-
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division of previously platted land. Florida Land Company does
not plan to construct homes of less than 1,000 square feet in
that area; therefore, deed restrictions will not be violated.
~The primary reason for including that portion of Section 3 in the
zoning request was to include the complete paving and drainage
improvements of Edgemont Avenue and also to provide a future park
,area, thereby:...making a scenic separation between the R-l resi-
dential area and the ranches. It becomes apparent that Florida
Land Company cannot continue the trend of R-l zoning into Section 1
of the ranches since Florida Land Company has offered and sold a
majority of its scattered holdings in Sections 1, lA and lB and
the remain~ng portion of Section 3. We would also like to point
out-that some residents who had voiced the strongest objections
reside in Section 1 of the ranches and are in no way affected by
the rezoning in Section 3.
In other areas such as the proposed Village Center, where con-
flicts between proposed zoning and land use restrictions exist,
we feel that sufficient time has lapsed and conditions have
changed to a degree that would warrant cancellation of restric-
,tions as provided!} by law.
We, are advised by legal counsel that the present zoning ordinance
has no provision relating the zoning ordinance of property to
land use restrictions. We feel it is the responsibility of the
municipal authorities to zone the property for appropriate use,
consistent with the best interests of the public, and that the
enforcement of deed restrictions does not fall within the juris-
diction of the municipal government.
Certainly, any residents who feel that their rights and privileges
are being offended by the request of Florida Land Company should
be heard. ' However, ~e feel that all parties concerned should be
'advised t6at a more ~uitable time for presenting objections would
be at the~time of public hearings, rather than at the regular
meetings of the Zoning Board and Village Council where a large
amount of work is to be accomplished.
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We hope that the contents of this letter will assist the Zoning
Board and Council and resolve any confusion between land use res-
trictions and zoning under a comprehensive ordinance, so that
your consideration of our requests can proceed without undue
interruption.
Very truly yours,
-?
o /'}d ( /. - . (! /"
,/ / L.-'- .( tl-ov' /-....k..-Lk L-/
J. Nolan Reed
Director of Development
JNR/mh
Ch.83
LANDLORD AND TENANT
F.S.1979
83.62 Remedies; removal of tenant; process.
-In an action for possession, after entry of judgment
in favor ofthe landlord, the clerk shall issue a writ
to the sheriff describing the premises and command-
ing him to put the landlord in possession after 24
hours' notice conspicuously posted on the premises.
In the case of the removal ofthe mobile home of any
ten.arL foy the ~:"caSOD ofhohJ; over -::1fler the c-xpi-
ration orthe n.:'ntal agreern(~nl, v.'rit tA'pou_;c::;sion
shall not issue earlier than 30 dCiYS from the ~'crvjcc
of the complaint for removal upon the tenant.
History.-s. 2. ch. 73-330.
83.625 Power to award p05:session and enter
money judgment.-In an action by the landlord for
possession of a dwelling unit based upon nonpay-
ment of rent, ifthe court finds the rent is due, owing,
and unpaid and by reason thereof the landlord is
entitled to possession of the premises, the court, in
addition to awarding possession of the premises to
the landlord, shall also direct, in an amount which
is within its jurisdictional limitations, the entry of a
money judgment in favor ofthe landlord and against
the tenant for the amount of money found due, ow-
ing, and unpaid by the tenant to the landlord, with
costs. However, no money judgment shall be entered
unless service of process has been effected by person-
al service or, where authorized by law, by certified or
registered mail, return receipt, or in any other man-
ner prescribed by law or the rules of the court; and
said money judgment shall not be entered earlier
than the day following the expiration of the time
period within which the tenant-defendant would be
required to file an answer or otherwise appear, were
the proceeding solely an action at law to recover
money damages.
History.-s. 1. ch. 75-147.
'.
83.63 Remedies; casualty damage.-If the
premises are damaged or destroyed other than by
the wrongful or negligent acts of the tenant so that
the enjoyment of the premises is substantially im-
paired, the tenant may terminate the rental agree-
ment and immediately vacate the premises. The ten-
ant may vacate the part of the premises rendered
unusable by the casualty, in which case his liability
for rent shall be reduce4-by the fair rental value of
that part of the premtSes damaged or destroyed. If
the rental agreement is terminated, the landlord
shall comply with s. 83.49(3) [F. S. 1973].
History.-s. 2, th. 73.330.
PART III
MOBILE HOME PARK LOTS
83.750 Short title.
83.751 Application.
83.752. Definitions.
83.753 Obligation of good faith.
83.754 Unconscionable lot rental agreements.
83.755 Prahibited or unenforceable provisians in
mobile home lot rental agreements.
83.756 Attorney's fees.
83.757 Park owner's access to mobile home and mo-
bile home lot.
83.758 Mobile home owner's and mobile home park
owner's obligatian.
83.759 Mobile home parks; evictian, grounds, pro-
. ceedings.
83.760 Mobile home lease.
83.761 Civil remedy; venue; court casts and attor-
ney's fees; injunction.
8;1.762 Disdosure.
H3.7Ga llcrnedic:::; d,~~r(~nses to L1Ctioli f(lj'j :nt or po=:~
sessian; pracedure.
83.764 Purchase of equipment, installat ion of ap-
pliances; fees, charges, assessments; rules
and regulations.
83.765 Mobile home parks; restrictions on disposal
of mobile homes, proceedings.
83.770 Legislative findings.
83.772 Definitions.
83.774 Applicability.
83.776 State Mobile Home Tenant-Landlord Com-
missian. .
83.'178 State Mobile Home Tenant.Landlord Trust
Fund.
,83.780 Registration of certain mobile home parks;
number of units.
83.782 Powers of the commission.
83.784 Cammission required. to act; mobile home
park owners required to notify tenants of
rental or service charge increases.
83.786 Commission ta resolve rental or service
charge increases; rules.
83.788 Representation.
83.790 Appeal procedure.
83.792 Enforcement.
83.794 State preemption of mobile home park rent-
al regulation.
83.750 Short title.-This part shall be known
and may be cited as the "Florida Mobile Home Land-
lord and Tenant Act."
History.-s. 1. ch. 76-81.
83.751 Application.-'-The prOVISIons of this
part shall apply to tenancies in which a mobile home
is placed upon a rpntprt nr le""Prt lot in a mobile
home park for residential use. !!:is~sha~
.con~.trll,ed to appJy to..any otb.~r.!~ra!1cyinclucrm~.~
tenancy, in which both a m9.bil.ElhoIl}l:UllHll:ifuoliile
home lot are rented or leased by the .1110bile home
a~Jieiij; Where both the mobile hame and lot are
rentea, the tenancy shall be governed by the provi-
sions of part II, the "Florida Residential Landlord
and Tenant Act," ss. 83.40.83.68.
History.-s. 1. th. 76-81.
83.752 Definitions.-As used in this part, the
following words and terms shall have the following
meanings unless clearly indicated otherwise:
(1) "Mobile home owner" means a person who
owns a mobile home and rents or leases a lot within
a mobile home park for residential use.
(2) "Mobile home park owner" or "park owner"
means the owner or operator of a mobile home park.
(3) "Mobile home park" or "park" means a use of
land in which 10 .or more lats or spaces are offered
for rent or lease for the placement of mobile homes
and in which the primary use of the park is residen-
tial.
316
F.S.1979
LANDLORD AND TENANT
Ch.83
(4) "Mobile home lot rental agreement" or "rent-
al agreement" means any mutual under"standing,
lease, or tenancy between a mobile home owner and
a mobile home park owner in which the mobile home
owner is entitled to place his mobile home on a mo~
bile home lot for the payment of consideration to the
mobile home park owner.
Hlstor)'.--ll. I, ch: 76-81.
83.753 Obligation of good faith.-Every rental
agreement or duty within this part imposes an obli-
gation of good faith in its performance or enforce-
ment.
History.-s. I, ch. 76-81.
83.754 Unconscionable lot rental agree-
ments.-
(1) If the court as a matter oflaw finds a mobile
home lot rental agreement, or any provision of the
rental agreement, to have been unconscionable at
the time it was made, the court may:
(a) Refuse to enforce the rental agreement.
(b) Enforce the remainder of the rental agree-
ment without the unconscionable provision.
(c) So limit the application of any unconscionable
provision as to avoid any unconscionable result.
(2) When it is claimed or appears to the court
that the rental agreement, or any provision thereof,
may be unconscionable, the parties shall be afforded
a reasonable opportunity to present evidence as to
meaning, relationship of the parties, purpose, and
other relevant factors to aid the court in making the
determination.
History.-s. I, ch. 76-81.
83.755 Prohibited or unenforceable provi-
sions in mobile home lot rental agreements.-
(1) A mobile home lot rental agreement may pro-
vide a specific duration with regard to the amount of
rental payments and other conditions of the tenan-
cy, but the rental agreement shall neither provide
for, nor be construed to provide for, the termination
of any rental agreement, except as otherwise provid-
ed in this part.
(2) Any provision in the rental agreement is void
and unenforceable to the extent that it attempts to
waive or preclude the rights, remedies, or require-
ments set forth in this part or those arising under
law.
History.--s. l,ch. 76-81.
tJ3:756 Attorney's fees.-If a mobile home lot
rental agreement contains a provision allowing at-
torney's fees to the mobile home park owner, the
court may also allow reasonable attorney's fees to
the mobile home owner whenever the mobile home
owner prevails in any action by or against him.
History.-s. I, ch. 76.81.
83.757 Park owner's access to mobile home
and mobile home lot.- The mobile home park own-
er shall have no right of access to a mobile home
unless the mobile home owner's prior written con-
sent has been obtained or to prevent imminent dan-
ger to the occupant or the mobile home. Such con-
sent may be revoked in writing by the mobile home
owner at any time. The park owner shall, however,
have the right of entry onto the lot for purposes of
repair and replacement of utilities and protection of
the mobile home park at all reasonable times, but
not in such manner or at such time as to interfere
unreasonably with the mobile home owner's quiet
enjoyment of said lot.
History.-s. I, ch. 76-81.
83.758 Mobile home owner's and mobile
home park owner's obligation.-
(1) The mobile home owner shall at all times:
(a) Comply with all reasonable park rules.
(b) Comply with all obligations imposed on mo-
bile home owners by applicable provisions of build-
ing, housing, and health codes.
(c) Keep the mobile home lot which he occupies
clean and sanitary.
(d) Comply with reasonable park rules and regu-
lations by conducting himself: and requiring other
persons on the premises with his consent to conduct
themselves, in a manner that does not unreasonably
disturb his neighbors or constitute a breach of the
peace.
(2) The mobile home park owner shall. at all
times:
(a) Comply with the requirements of applicable
building, housing, and health codes.
(b) Maintain buildings and improvements in
common areas in a good state of repair and mainte-
nance and maintain the common areas in a good
state of appearance, safety, and cleanliness.
(c) Provide access to the common areas, includ-
ing buildings and improvements thereto, at all rea-
sonable times for the benefit of the park residents.
(d) Maintain utility connections and systems in
reasonably usable condition.
History.-B. I, ch. 76-81:
83.759 Mobile home parks; eviction, grounds,
proceedings.-
(1) A mobile home park owner or operator may
not evict a mobile home or a mobile home dweller
other than for the following reasons:
(a) Nonpayment of rent.
(b) Conviction of a violation of some federal or
state law or local ordinance, which violation may be
deemed detrimental to the health, safety, or welfare
of other dwellers in the mobile home park.
(c) Violation of any reasonable rule or regulation
established by the park owner or operator, provided
the mobile home owner received written notice of
the grounds upon which he is to be evicted at least
30 days prior to the date he is required to vacate. A
copy of all rules and regulations shall be delivered by
the park owner or operator to the mobile home own-
er prior to his signing the lease or entering into a
rental agreement. A copy of the rules and regula-
tions shall also be posted in the recreation hall, if
any, or some other conspicuous place in the park. A
mobile home park rule or regulation shall be pre-
sumed to be reasonable if it is similar to rules and
regulations customarily established in other mobile
home parks located in this state or if the rule or
regulation is not immoderate or excessive.
(d) Change in use of land comprising the mobile
home park or a portion thereof on which a mobile
home to be evicted is located from mobile home lot
317
Ch.83
LANDLORD AND TENANT
F.S.1979
rentals to some other use, provided all tenants af-
fected are given at least 6 months' notice, or longer
if provided for in a valid lease, of the projected
change of use and of their need to secure other ac-
commodations.
(2) Cumulative eviction proceedings may be es-
tablished in a written lease agreement between the
park owner or operator and a mobile home dweller
in addition to those established by law.
(3) This section shall not preclude summary evic-
tion proceedings, and if the park operator or owner
does not have one ofthe grounds set forth in subsec-
tion (1) available, the mobile home owner may raise
the same by affirmative defcnseo
History.~s. I, ch. 72.28; s. 1, ch. 73.18~; s. 12, ch. 73.330; s. 2, cil. '76.81.
Note.-Former s. 83.69.
w.here rental space is offered for occupancy by recre-
ational vehicle-type units primarily designed as tem-
porary living quarters for recreational, camping, or
travel use and which either have their own motive
power or are mounted on or drawn by another vehi-
cle.
(6) No provision of this section shall apply to a
mobile home park which contains lQ.Q.r.less mobile
home lots.
History.-s. 1. ch. 74.160; s. 3, ch. 76-81.
Note.-':"Former s. 83.695.
83.761 Civil remedy; venue; court. costs and
attorney's fees; injunction.-
(1) Any right or duty declared in this part is en-
forceable by civil action.
(2) If either the mobile home park owner or the
mobile home owner fails to comply with t.hc require-
ments of the mobile home lot rental agreement or
other provisions of this part, the aggrieved party
may recover the damages caused by the noncompli-
ance.
(3) A mobile home owner or dweller may bring a
civil action against a mobile home park owner or
operator violating the provisions of this part in the
appropriate court of the county in which the alleged
violator resides or has hisprincipal place of business
or in the county wherein the alleged violation oc-
curred. Upon adverse adjudication, the defendant
shall be liable for damages. The court may in its
discretion award such equitable relief as it deems
necessary, including the enjoining of the defendant
from further violations. The losing party may be lia-
ble for court costs and reasonable attorney's fees
incurred by the prevailing party.
(4) In addition to other penalties provided here-
in, the state attorneys and their assistants are au-
thorized to apply to the circuit court within their
respective jurisdictions, upon the sworn affidavit of
any mobile home owner or dweller alleging a viola-
tion by a mobile home park owner or operator of any
of the provisions of this part, and such court shall
have jurisdiction, upon hearing and for cause shown,
to grant a temporary or permanent injunction re-
straining such mobile home park owner or operator
from any further violation, whether or not there
exists an adequate remedy at law, and such injunc-
tion may issue without bond at the court's discretion.
The Department of Legal Affairs shall have concur-
rent jurisdiction as an enforcing authority if the vio-
lation occurs in, or affects, more than one judicial
circuit or if the office of the state attorney fails to act
upon a violation within a reasonable period of t.ime.
Hlstory.-s. 4, ch. 76-81.
83.760 Mobile home lease.._.
(1) No tenancy, except one of transient occupan-
cy, of any person owning a mobile home who hereaf-
ter rents, leases, or occupies real property in a mo,
bile home park for a valuable consideration shall be
enforceable, or be terminated, by the mobile home'
park owner unless, prior to occupancy, the mobile
home owner has been offered a written lease as here-
in provided. In the event a mobile home owner does
not enter into a written lease, or upon the expiration
ofa written lease, the tenancy may only be terminat-
ed in accordance with the provisions of s. 83.759,
which section is cumulative to all other sections in
this part and deemed to supersede any provisions in
conflict therewith.
(2) No such tenancy existing upon January 1,
1975, may thereafter be terminated unless the mo-
bile home owner has been offered a written lease and
has, after the expiration of 60 days from the time of
delivery to him, refused or failed to execute same.
The leases so offered by any mobile home park owner
must be bona fide offers to lease for a specified term
upon the' same terms and conditions as leases offered
to all other mobile home owners in the park, except-
ing only rent variations based upon lot location and
size.
(3) ~~h Q.!lrk rules or re€ffi!atiOJ.ll;Ui~,..a[g
r,easonab If J,Ul~m:,th.!:u::iI:C~[Ilsta.,~-<md ~e.c.ificElIIy
i~.ated by reference 1I! fff~written l.ea~essnan
b~,,-e.!!f2l~ea~le: ,TlieJ~ase . shall contaip aei~~lsgm
tnat P~.I'tJnors;.O:.mlt,grl?-;3:goY~r-!}f1,mQblk hOlp.e.,llilrK
tenancies. J'he lease _~L<;'Q!lJ.~!llib!taro91;1,!!r9ftTie
.~t~~~t~u:gif~~9~:ktdi~ll~~f~r=~~fQ!~e6f
tIi~Inobile hOlne ,. ()\V~er: . Howeye.r, thi$ . p:r.o.yi~i()n
shall not ~e C2.11i?.t,r,~~~jQ p!:~veIlt ~l1y.mobil~ ?ome
i{ark own.e.r1r(m:tpas~mg ~m,t(),t~e!!lob11,e hbme I'';)'n-
er anY costs, incl udlXlg ... increaseac~t oW.,r..,utHitU;.s,
\Vhich==!.P';incurred dJ,leto the actions Qf anI s.!!lteor 83.762 Disclosure.- The mobile home park
Iqcal gqV:5lmm~m. " "." ~ owner, or a person authorized to enter into a mobile
(4)" No ~ency of any mun!c!pa.l,J9cal,c.Q~Qty or home lot rental agreement on his behalf, shall dis-
state governmem's}ial1approve any applic.atlol1Jor close in writing to the mobile home owner, at or
rezoning,or take any other official action, which before the commencement of the tenancy, and, on
wourdtesult in the removal Or relocation of mobile request, to anyone having previously established a
nciiiie:6wners residing in a mobile home park'\Yifll- tenancy, the name and address of the mobile home
out first investigating as to the adequacy of mobile park owner or a person authorized to receive notices
!lOme par~~g~ ~t~ersuitable faciliti~s fo~_t~.e r,gJ.gp.. and demands on his behalf. Any person so author-
bon onne mobIle homeowners 0,1' wnen..saJd..actlOJJ. ized to receive notices and demands retains such au-
is opposed bY the mobile 'home park own~r", thority until the mobile home owner is notified oth-
(5) T~~~~shall not apply in thosein~ta.Qc:~~ erwise. All notices of such names and addresses or
318
F.S.1979
LANDLORD AND TEN ANT
Ch.83
park operator ma;>, determiD;e"~y'..ru,!~. or. regulatiOLl..
the~,st.v.e cirjiJ.ta.lit;( of such equI,pm, ,ent to.b"eplU:..,
chased by the~l]e home~ex::ttom the vendol:
of the mobile home owner's'cb9.2~~'
(2) N"QJ:r!()~ile ~9~e parl{.mm~~'pera~~r~h.a.H
ch:uge any n~sraent wlici' CnQ..Q.~.ll\iJO_!.!lf3taJI~n e.1ec:~
tric or gas appliance in his m2!>.!I~~Il1e an a~~i[!.on-
al foo solely on the basis 0(~1,1.chlDStallation or re-
strict the installation, servi~~, .C?E..majn,~n;3.1.J.~!~u~L
any such appliance or th~ ~ul.~~I}~_()r.any~terioJ:
in-iprovement in such mobll~.h()_m~~.R9)on~1! ,~1J.c.;h
an installation or improyeIIl~ntis.iA cOmpliaIlC!L
with applicable building codes, ancJ. Qtller provis,!Om:L.
of law.
(3)(a) A mobile home park owner or operator
shall be required to disclose fully in writing all fees,
charges, assessments, and rules and regulations pri-
or to a mobile home dweller's assuming occupancy in
the park. No fee_~chargflJl4_or as.~_:g;mlints.sodis-
closed may b,e Tncreased, or, ru1(;!?,~l1<!, regulations
s.l~a.l~ge~t:~y ~~t;, pa,rk. oWll~r or, o)?e:rator -.yithout
sp'ecifoYlng the <fate of ImplementatIon of saId fees,
c:lii1rg~s, assess'Il!ents, or rules and regulat!ons,
which aate shall beno less than 30 days after wntten
llotl-ce'tball mobile home ownerf)~
'-U:iJ "A mobile hoine park, owner.J)J:' Qpemtor shall
.not ch'arge: anyeiitra.nce or 'exit feeS exceptfQ"iJ!io,se
feE)s'\vhich are directly incurred by said park owner
or operator as ,a result of the placing of a mobile
hom~ yp?n,or.!~~ovaJ ().L~ ,mobg~ h<?me ~rom,. a
park slte~Ai1ysucli fee shall oe dearly IdentIfied In
writing at theth:pe that tlle rental agreement is
signed or other.~ise. concI u~ed..
(c) It is !!Il.IiwillLfoL~.mobile..home.parko.wn-
e1'.or 9perat9f,.0r,}ngp,Ht:l hQ;me dealer to. make any
agreement, w~l~fE)!! 9r oral, whereby the fees author-'
,ized in this sqbsection shaUbe~plit between any
such mobile home park owner or, operator and any
mobile home dealer. Any perso.n who. violates any of
t~.pr.ovisions 9f.this subsec.~ian. ~~guilty of a misde-
Ineanor of the second degree, pumshable as provided
in s. 775.082, s. 775.083, or s. 775.084.
(4) Failure on the part of the mobile home park
ownOT or operator to disclose fully all fees, charges,
or assessments shall prevent the park o.wner or oper-
ator from collecting said fees, charges, or assess-
ments, and refusal by the dweller to pay any undis-
closed charges shall not be used by the park owner
or operator as a cause for eviction in any court of
law.
(5) ~n sh~ll ber99.uiregby, a mobile hgme
p<l.l'k OWner or, operator: as' a candition Qf residence
in the mobile home park, to pravide allY ~rmanent
improvements that become a partofthe !~al proper-
ty oft.t\e mOOlle nome park owner or operator.
(6) Whenever an entrance fee is charged by a
mobile home park owner or operator for the en-
83.764 Purchase of equipment, installation of trance of a mobile home or a mobile home owner into
appliances; fees, charges, assessments; rules and the park and such mobile home or mobile home own-
regulations.- er leaves before 2 years have passed from the date on
!'e, 9.,(1,':l,~i,r,.e,1L,. a,o, ~es,O~,a"i,~, ~~%f,.~,l,enT.~Juijiim,',:r,_p~t\~t~~S~~~~ :~jc~ ~~~tr~~ ~:u~~1~~' i~ioe~: shall be prorated
~lias.e from s?-ig owner 0.1' .0peratQL..lJp.a:.erskirti~, (a) En~ce m shall be refunded at the rate of
~quipment fo.r tying downQ1Qpile hQIRe.s.or):!!JY oth- one twenty-fourth01'said fee for each month short of
~L~quipment required by law,.1()~aL()n;linance~ or 2 years that a mobile home owner maintains his
regulation of the lllobile home p,ark. Haweye,,r, tlie mobile home within the park.
319
changes made thereto. shall be delivered to the ma-
bile home owner's residence or, ifspecified in writing
by the mabile home owner, to such specified address.
History.-s. 5, ch. 76.8!.
83.763 Remedies; defenses to action for rent
or possession; procedure.-
(1) In an aetion by the mobile hame park awner
for possession of a mabile home lot based upon non-
payment of rent or seeking to recover unpaid rent,
the mobile home owner may defend upon the ground
ofa material noncompliance with any portion afthis
part 0.1' may raise any other defense, whether legal
or equitable, which he may have. The defense of
material noncompliance may be raised by the mobile
home owner only if said mobile home owner has,
prior to the due date of rent, notified the park owner
in writing of his intention not to pay rent based upon
the park owner's nancompliance with portians of
this part, specifying in reasonable detail the provi-
sions in default. A material noncompliance with this
part by the park owner is a complete defense to an
action for passession based upon nonpayment of
rent, and, upon hearing, the court or the jury, as the
case may be, shall determine the amount, if any, by
which the rent is to be reduced to reflect the diminu-
tion in value of the lot during the periad ofnoncam-
pliance with any portion of this part. After consider-
ation of all other relevant issues, the court shall
enter appropriate judgment.
(2) In an action by the park owner for possession
of a mobile hame lot based upon nonpayment ofrent,
if the mobile home owner interpases any defense
other than payment, the mobile home owner shall
pay into the registry of the court the accrued rent,
as alleged in the complaint or as determined by the
court, and the rent which accrues during the pend-
ency of the proceeding, when due. Failure of the
mobile home owner to pay the rent into the registry
of the court as required herein constitutes an abso-
lute waiver afthe mobile home owner's defenses ath-
er than payment, and the park owner is entitled to.
an immediate default.
(3) ,When the mobile home owner has deposited
funds into the registry of the caurt in accordance
with the provisions of this section and the park own-
er is in actual danger of/oss of the premises or other
personal hm'dship resulting fram the lass of rental
income from the premises, the park owner may ap-
ply to the court for disbursement of all or part of the
funds or for prompt final hearing, whereupon the
court shall advance the cause an the calendar. The
court, after preliminary hearing, may award all or
any portion of the funds on deposit to the park owner
or may proceed immediately to. a final resolution of
the cause.
History.--s. 5, ch. 76.81.
.-r .~
, ' ~ 1
Ch.83
LANDLORD AND TENANT
I<'.S.1979
(bl Entrance fees shall be refunded within 15
days after the mobl1e home has been physically
moved from the park.
No new entrance fees may be charged for a move
\vithin the same park. This subsection shall not ap-
ply in instances in which the mobile home owner is
evicted on grounds of nonpayment of rent, violation
of a federal, state, or local ordinance, or violation of
a reasonable park rule or regulation or leaves before
the expiration date of his lease agreement. However,
fhe-sums due to the park by the mobile home owner
may be offset against the balance due on the en.
ffarice' fee,
m li.Q.1!lQl?ile houle park owner or operator who
QY.r,<::nj:lses electrrCIty or'gas (natural, manufactured,
or similar gaseous substance) fro:n any publiC' utility
or municipally owned utility for the purposc of sup--
plying or reselling the electricity or gas to any other
person to whom he leases, lets, rents, sublea3es, su-
blets, or subrents the premises upon which the elec.
tricity or gas is to be used shall charge, demand, or
receive, directly or indirectly, any amount for the
resale of EUchelectridty or gas greater than that
am'ount charged by the public utility or municipally
iMileCI utility from whom the electricity or gas was
purchased.
h~::~e~e~~l~il~~iic,i;i~~ ~:=~;':~h~
without the tenant or invitee being required to pay
a fee or any charge whatsoever. For purposes of this
subsection, an invitee shall be defined as a person
whose stay, at the request of a mobile home park
tenant, does not exceed15GQI;ls,eq!,ltive days or 30
total days ller year,unlf:l,~"s such person has the per-
mission of the park management. After October 1,
JJllfi.. any mobile home park rule or regulation pro-
VlcITi1g for such fees or charges shall be null and void.
Hislory.-s, 2. eh, 72-28; s, 3, eh, 73-182; s, 12, eh, 73-330; s, 1, eh, 74-12; s,
3, eh, 74-160; s, 6, eh. 76-81; s. 1. eh, 76-278; s, 1, eh, 77-174,
Nole.-Former s, 83,70,
83.765 Mobile home parks; restrictions 011
disposal of mobile homes, proceedings.-
(1) No mobile home park shall make or enforce
any rule which shall deny or abridge the right of any
resident of such mobile home park or any owner of
a mobile home located in such park to sell said mo-
bile home within the park, which shall prohibit the
mobile home owner from placing a "for sale" sign on
or in his mobile home, the size, placement and char-
acter of all signs to be subject to reasonable rules and
regulations of the mobile home park, or which shall
require the resident or owner to remove the mobile
home from the park solely on the basis of the sale
thereof. The purchaser of said mobile home, if said
purchaser would otherwise qualify with the require-
ments of entry into the park under the park rules
and regulations, may become a tenant of the park,
subject to the approval of the park, but such approv-
al may not be unreasonably withheld. The park shall
not exact a commission -2.1:-fee with .rC;l~.I2~c;tt.9 tlie:
price reahzed by the seHer unt0hepark owner or
~li~~~. ~~as. aieijIT2t:Ut,~:*o~i!e ~li('-li;e
owner mtnesaTe pursuant Eo awnttencontract. If
lor any ~mun.-the-'-ynrflr'fem~es ~permission tnny
resident or owner to sell to a qualified buyer and
prospective mobile home owner after three bona fide
offers, then the next offer may be accepted as a mat-
ter of course.
(2) No tenancy entered into by a purchaser in
accordance with this section may thereafter be ter-
minated unless the purchaser has been offered a
written agreement by the landlord to assume the
remainder of the term of any written lease then in
effect between the landlord and the seller and has,
after the expiration of60 days from the time of deliv-
ery to him, refused or failed, without cause, to exe-
cute same.
History.-s, 3, eh, 72.28; s, 2, eh, 73,]82; s. 12, eh. 73-330, s, 2, eh, 74-12; $.
'/, eh, 76-81; s, 2. eh, 76-278; s, I, eh. 78,311.
Notc.---Formcr s, 83,7 L
83.770 Legislative findings,-Thc Legislature
_. finds that there exists an emergency in rental ac-
commodations in mobile home parks. The Legisla-
ture further finds that this condition, coupled with
the inordinate expense of relocating a mobile home,
causes tenants in such parks to be placed in an une.'
qual bargaining position with respect to increases in
charges imposed by the owners or managers of such
parks. The Legislature further finds that this ine'
quality can only be alleviated by the enactment of
reasonable legislative restraints which provide both
a reasonable return on a park owner's investment
and a safeguard to tenants against exorbitant rental
or service charges.
Hislory.-s. 1, eh. 77.49; s. 21, eh. 79-400,
83.772 Definitions.-For the purposes of 88.
83.770-83.794:
(1) "Commission" means the State Mobile Home
Tenant-Landlord Commission created by s. 83.776.
(2) "Commissioner" or "member" means a mem-
ber of the commission.
(3) "Mobile home park owner" or "owner" means
the owner, lessor, operator, or manager of a mobile
home park, within the purview of ss. 83.770-83.794.
(4) "Tenant" means any person entitled to occu-
py a dwelling unit under a rental agreement.
(5) "Dwelling unit" means a mobile home rented
by a tenant within a mobile home park or a mobilo
home lot within a mobile home park that is rented
for occupancy by one or more persons who own the
mobile home located on the lot.
(6) "Service charge" includes any fee for services
at a mobile home park.
History.-s, 2, eh, 77-49,
83.774 Applicability.-The prOV1SlOns of ss.
83.770-83.794 shan not apply to any mobile home
park which contains fewer than 100 dwelling units,
nor shall it apply to any mobile home park estab.
lished by an employer solely for the use and occupan-
cy of its employees.
Hislory.-s, 3. eh. 77.49.
83.776 State Mobile Home Tenant-Landlord
Commission.-
(1) There is created the State Mobile Home Ten-
ant-Landlord Commission within the Department of
Business Regulation, the membership of which shall
be appointed by the Governor as follows:
(a) Two members shall be mobile home park
owners or operators,
320
F.S.1979
LANDLORD AND TENANT
Ch.83
(b) Two members shall be mobile home park ten-
ants.
(c) Three members shall be members of the gen.
eral public from the state at large without any con-
nection or affiliation with any mobile home park.
(2) Commissioners shall serve for terms of 4
years, except that, of those members first appointed
by the Governor, the two members who are mobile
home park owners 01' operators .shall be appointed
for terms of 2 years, the two members who are mo-
bile home park tenants shall be appointed for terms
of 3 years, and the three members of the general
public shall be appointed for terms of 4 years. A
member chosen to fill a vacancy occurring otherwise
than by expiration ofterm shall be appointed for the
unexpired term of the member whom he is to suc-
ceed. A member of the commission shall be eligible
for reappointment.
(3) Commissioners shall not be compensated for
their service on the commission, but shall be entitled
to receive per diem and travel expenses as provided
by s. 112.061. A vacancy in the commission shall not
impair the right of the remaining members to exer-
cise the powers of the commission. A majority of the
commission shall constitute a quorum.
History.-s. 4, ch. 77-49; s. 22, ch. 79-400.
83;778 State Mobile Home Tenant-Landlord
Trust Fund.-There is hereby created a State Mo-
bile Home Tenant-Landlord Trust Fund which shall
be used to finance the duties and functions assigned
to the commission. The fund shall consist of fees
tieposited by the commission pursuant to s. 83.780.
History.-s. 5, ch. 77-49.
~} .' . .
. 83.780 Registration of certain mobile home
parks; nUlnber of units.- .
(1). TheJi:wner or 2~t&r of eveQ'..mgbiJ~hQUlA
I!!tk.wb~ ..,~n~, ..or~ii-..Q.~~mm~.~Rl}~!!l
~~;'il~ i~ster, hit>,J;J}Q!;!ile l1.QrpfUl~r~..Y\;lth t.~~.<;:9JP-
mlSsI9lla. His apphcatIon of registratIon, WhICh snaIl
'5e"'dlr'aform approved by the commission, shall in-
clude the number of dwelling units in the park, and
the application shall be submitted to the commission
by January 1 {)f each year. .
(2) The owner or operator of every mobile home
park required to be registered with the commission
pursuant to this section shall forward a $1 fee for
each dwelling unit contained in the mobile home
park, along with the application for registration, to
the commission. The commission shall deposit all
such fees in the State Mobile Home Tenant-Landlord
Trust Fund. Mobile home park owners or operators
are authorized to charge each dwelling unit in the
park a $1 fee per year to pay for compliance with the
provisions of this section.
lIistory.-s. 6, ch. 77-49; s. 20. ch. 79-164.
sonnel as may be necessary to adequately perform
its functions.
(4) To receive, investigate, hold hearings on, and
pass upon, the petitions of mobile home tenants as
set forth in ss. 83.770-83.794.
(5) To make or arrange for studies appropriate to
effectuate the. purposes and policies of ss. 83.770-
83.794 and to make the results thereof available to
the public. .
(6) To render, at least annually, a comprehensive
written report to the Governor and to the Legisla-
ture. The report may contain recommendations of
the commission for legislation or other action to ef-
fectuate the purposes and policies of ss. 83.770-
83.794.
(7) To adopt, promulgate, amend, and rescind
rules to effectuate the purposes and policies of ss.
83.770-83.794.
History.--s. 7, ch. 77-49.
83.784 Commission required to act; mobile
home park owners required to notify tenants of
rental or service charge increases.-
(l)(a) Upon petition of 51 percent ofthe tenants
of any dwelling units in a mobile home park who will
be subject to a rental or service charge increase or a
decrease in services in any calendar year in excess of
the net United States Department of Labor Consum-
er Price Index increases since the last rental in-
crease, the commission shall hold a hearing at the
mobile home park or at such other facility selected
by the commission, so long as it is reasonably accessi-
ble to all parties, at a date to be set by the commis-
sion, to determine whether or not the rental or ser-
vice charge increase or a decrease.in services is so
great as to be unconscionable or not justified under
the facts and circumstances of the particular situa-
tion.
(b) Every petition to the commission for a hear-
ing must contain the signatures of at least 51 percent
of all of the tenants of any mobile home park and
must be accompanied by an affidavit attesting to the
fact that the petition contains the required number
of signatures. The petition shall be submitted to the
commission within 60 days from notification from
the mobile home park owner as described in subsec-
tion (3).
(2)(a) The increased costs to the owner of a mo-
biLe home park attributable to:
L Increases in utility rates;
2. Property taxes; .
3. Fluctuation in property value;
4. Governmental assessments;
5. Cost ofliving increases attributable to and rel-
evant to incidental services, normal repair, and
maintenance; and
6. Capital improvements not otherwise promised
or contracted for
83.782 Powers of the commission.-Within may be passed on to the tenants or prospective ten-
the limitations provided by law, the commission' ants in the form of increased rental or service
shall have the power: charges if such increases are reasonable and justi-
(1) To maintain an office in the City of St. Peters- fied under the facts and circumstances of the partic-
burg. ular case. .
(2) To meet and exercise its powers at any place (b) The provisions of this subsection shall not be
within the state. cumulative to the provisions of subsection (1). If the
(3) To employ and fix the compensation of per- increases sought by the park owner, together with
321
Ch.83
LANDLORD AND TENANT
F.S.1979
all rental increases experienced by the tenants for
the preceding 5 years, exceed the cumulative cost of
living increases for the same period, then such pro-
posed increases shall not be exempted from this com-
mission's jurisdiction.
(3) As of November 1 of each year, every mobile
home park owner shall notify each ~~_n;:~_rl.t, of adwell-
ing unit in the park whose rental agreement or ser-
vice charge will be subject to negotiation and will be
increased in the succeeding year of such fact and the
amount of all proposed increases. No rental or ser-
vice charge increases shall be allowed unless proper-
ly noticed in writing as provided in this subsection.
(4) The commission shall examine any rental or
service charge increases which took effect on or after
January 1, 1977, but prior to July 1, 1977, upon peti-
tion ofthe tenants as required by this section, within
60 days after July 1, 1977.
History.-.ss. 8, 15, ch. 77.49; s. 23, ch. 79.-100.
83.786 Commission to resolve rental or sere
vice charge increases; rules.-
(1) After holding a hearing pursuant to the provi-
sions of chapter 120, the commission shall require
the mobile home park owner to:
(a) Reduce the rental or service charges to a rate
set by the commission;
(b) Continue rental or service charges as they ex-
isted under the former lease or agreement;
(c) Increase the rental or service charges to a rate
set by the commission; or
(d) Increase the rental or service charges as the
mobile home park owner has proposed.
(2) In addition to any other rules which the com-
mission may make, the commission shall make rules
to provide:
(a) That any rental or service charge increases
which have been collected by a mobile home park
owner after the time that the tenants have peti-
tioned the commission and before the time that the
commission acts upon the petition, when the com-
mission does not authorize the full increase, shall be
either returned to the tenants or credited toward
future rental charges.
(b) For procedures with respect to hearings at
mobile home parks.
History.-5. 9, ch. 77.49.
83.788 Representation.-The mobile home ten-
ants of any mobile home park within the purview of
5S. 83.770-83.794 may form an incorporated associa-
tion as provided by law. This association may repre-
sent such tenants in any hearing before the commis-
sion. The association must have at least 60 percent
of the total mobile home tenants of such park as
registered members. Such association shall have
standing to represent its members in any legal pro-
ceeding relating to matters of common interest.
History.-5. 10, ch. 77.49.
charge increases that are approved by the commis-
sion shall be paid by the tenants to the park owners
during any appeal process. However, if such in-
creases are not upheld on appeal, then all sums paid
under such increase provisions shall either be re-
funded by the park owner or credited to the next
ensuing rental or service charges due from said ten-
ants. If any increases are denied by the commission
and the owner appeals, then the proposed increases
shall be paid to the owners as scheduled; however,
the owner shall deposit the same monthly into the
rogistry ofthe court. These funds shall be disbursed
as determined by the circuit court, as provided in s.
83.763(3).
History.--s. 11, ch. 77.49.
83.792 Enforcement.-Ifno appeal is filed with-
in 30 days of notice of the ruling of the commisf.ion
and either party fails, refuses, or neglects to conform
to said ruling, then the aggrieved party may seek
enforcement of the ruling by filing a petition for
compliance in the Circuit Court. Such petition must
have attached thereto a certified copy of the commis-
sion's ruling and must set forth the allegations
which constitute noncompliance. A copy of said peti-
tion shall be served by personal service on the non-
complying party together with a notice of hearing on
the petition advising the noncomplying party that
he must show cause as to why the ruling should not
be enforced. Such hearing shall be held no less than
20 days or more than 60 days after service on the
noncomplying party. Unless good cause is shown, the
Circuit Court shall enter its order directing the par-
ties to comply with the commission's ruling. The
court shall enforce such ruling and may punish will-
ful noncompliance by imposing fines against the par-
ty in willful noncompliance. Such fines shall not ex-
ceed $500 a day for each day the party continues in
willful noncompliance.
History.-5. 12. ch. 77-49.
83.794 State preemption of mobile home
park rental regulation.-It is declared to be the
legislative intent that ss. 83.770-83.794 shall
preempt to the state all control of mobile home rents
in mobile home parks subject to ss. 83.770-83.794,
and all units of local government are prohibited
from legislating with respect to the same, The juris-
diction of the commission with respect to rents in
mobile home parks subject to ss. 83.770-83.794 shall
be exclusive, and all proceedings under this act shall
be held according to chapter 120 except for the ap-
peal procedure.
History.-s. 14, ch. 77-49.
--..,...."'.""....*""'..........-,.".......,.........""'.......,..,.
PART IV
SELF-SERVICE STORAGE SPACE
83.790 Appeal procedure.-If either party is
not satisfied with the ruling of the commission as 83.801 Short Title.
provided by this act, such party shall have the right 83.802 Application.
to appeal said ruling to the Circuit Court ofthe J udi- 83.803 Definitions.
cial Circuit in which the park is located. Such notice 83.804 Obligation of good faith.
of appeal must be filed within 30 days after the no- 83.805 Lien for rent.
tice of the commission's ruling. Any rental or service 83.806 Remedies of mini-self-storage owner.
322
F.S.1979
LANDLORD AND TENANT
Ch.83
83.807 Post judgment procedures.
83.801 Short Title.-Sections 83.801-83.807
shall be known and may be cited as the "Mini-self-
storage Landlord and Tenant Act."
lIistory.-s. I, ch. 79-404.
83.802 Application.-
(1) Sections 83.801-83.807 apply to tenancies in
mini-self-storage buildings where the space is used
solely for the storage of goods, personal property, or
merchandise.
(2) Sections 83.01-83.807 shall apply to rental
agreements entered into after October I, 1979.
History.-s. I, ch. 79.404.
33.803 Deimitions.-As used in ss. 83.801-
83.<307:
(1) "Mini-self-storage building" means a building
or series of buildings operated as one enterprise
which is comprised of not fewer than 30 spaces, the
largest of which contains no more than 700 square
feet, and which is offered for rent to the public for
the storage of goods, personal property, or merchan-
dise. The leased premises shall not be inhabitable,
shall not contain sanitary facilities or office parti-
tions, and shall be used solely for the storage of
goods, personal property, or merchandise.
(2) "Mini-self-storage owner" means the owner
or operator of a mini-self-storage building.
(3) "Rental agreement" means any mutual un-
derstanding, lease, or tenancy between a mini-self-
storage owner and a tenant pursuant to which the
tenant is entitled to store his goods, personal proper-
ty, or merchandise in the leased premises for the
payment of consideration to the mini-self-storage
owner.
(4) "Tenant" means any individual, partnership,
association, corporation, or other entity which leases
space in a mini-self-storage building solely for the
storage of goods, personal property, or merchandise.
History.-s. I, ch. 79-404. .
83.804 Obligation of good faith.-Every rental
agreement or duty within ss. 83.801-83.807 imposes
an obligation of good faith in its performance or en"
forcement.
History.--s. I, ch. 79.404.
83.805 Lien for rent.-A mini-self-storage own-
er to whom rent is due shall have a lien for rent as
provided to a landlord under s. 83.08.
History.-s. I, ch. 79-404.
B3.806 Remedies of mini.self-storage own.
el'.-
(l) If a tenant fails to pay the rent as specified in
the written rental agreement, or if a tenant fails to
pay the rent within 10 days after it is due, the mini-
s~lf-storage owner, or his attorney or agent acting in
hiS behalf, may commence a court action for the rent
which is due. This action shall be filed in the appro-
priate court in the county in which the mini-self-
storage building is located. The complaint shall al-
lege the amount of the rent due for such premises.
Sen;ce of process may be obtained in such manner
as prescribed by law, including the Florida Rules of
Civil Procedure and Florida Rules of Summary Pro-
cedure promulgated by the Supreme Court.
(2) In any such action, if the amount in contro-
versy is less than $1,500, the mini-self-storage owner
is entitled to the summary procedures provided in s.
51.0lL
(3) The mini-self-storage owner may also avail
himself of any other remedies prescribed by law,
including the provisions of part I of this chapter.
History.-s. 1. ch. 79-404.
83.807 Post judgment procedures.- The mini-
self-storage owner, by written agreement with the
tenant, may provide for the following post judgment
procedures in addition to those provided in part I of
this chapter:
(1) If the court renders final judgment in favor of
the mini-self-storage owner, he shall be entitled to
enter the premises 10 days after the date of final
judgment and sell, in a commercially r~asonable
manner, the property stored on the premises.
(2) Sale of the property stored on the premises
may be made by public or private proceedings and by
way of one or more contracts. Sale may also be as a
unit or in parcels, at any time and place, and on any
terms as long as the sale is commercially reasonable.
(3) Unless the property stored in the premises is
perishable or threatens to decline speedily in value,
or is of a type customarily sold on a recognized mar-
ket, reasonable notification of the time and place of
any public sale, or reasonable notification of the
time after which any private sale is to be made, shall
be sent by the mini-self-storage owner to the defend-
ant at his last-known address.
(4) The term "commercially reasonable" shall be
used as that term is used in s. 679.504(3).
(5) The prevailing party shall be entitled to attor-
neys' fees and costs incurred in the suit. lfthe mini-
self..storage owner prevails, he shall also be entitled
to recover the reasonable expenses of retaking, hold-
ing, preparing for sale, selling, and the like incurred
in disposing of the property stored in the leased
premises if the sale is commercially reasonable.
(6) The mini-self-storage owner may enforce his
judgment in any way permissible by law. However,
the amount of the judgment outstanding shall be
reduced by the amount which is realized from the
sale of the property on the leased premises.
(7) lfthe sale of the property on the leased prem-
ises by the mini-self-storage owner results in a sum
in excess of the amount owed, plus attorneys' fees,
costs ofthe suit, and costs ofthe sale, the excess sum
shall be delivered to the tenant at his last-known
address within 10 days from the date of the sale.
History.-s. 1, ch. 79-404.
323
Ch.85
ENFORCEMENT OF STATUTORY LIENS
F.S.1979
CHAPTER 85
ENFORCEMENT OF STATUTORY LIENS
85.011 Enforcement by persons in privity with the
owner.
85.021 Enforcement by persons not in privity with
the owner.
85.031 Remedies against personal property only;
all lienors.
85.041 Joinder.
85.051 Time of bringing action.
85.011 Enforcement by persons in privity
with the owner.-Allliens on real or personal prop-
erty provided for by part I or part II of chapter 713
are enforceable by perSDIlS in privity with the own.
ers, except when otherwise provided, as follows:
(1) RETENTION OF POSSESSION.-By reten-
tion of possession of the prop8rty on which the lien
has attached for a period of not exceeding 3 months
by the person entitled to the lien, ifhe was in posses-
sion at the time the lien attached.
(2) BY ACTION IN CHANCERY.-By an action
in chancery, however this is the exclusive remedy for
enforcement ofliens on the separate statutory prop~
erty of married women and against estates by the
entireties.
(3) ORDINARY ACTION AT LA W.-By an ordi-
nary action at law and levy ofthe execution obtained
therein on the property on which the lien is held.
(4) SPECIAL ACTION AT LAW.-By an action
at law in which the complaint shall state the manner
in which the lien arose, the amount for which the
lien is held, the description of the property and de-
mand that the property be sold to satisfy the lien.
The judgment for plaintiff is a personal judgment
against defendant as well as a lien on the property,
which it shall describe, and shall direct execution
against the property, as well as against the property
generally of defendant.
(5) SUMMARY ACTION.--
(a) By a person claiming a lien for labor per-
formed, or claiming a landlord's lien under s.
713.691, filing in the court having jurisdiction of the
amount of the lien claimed, a complaint describing
the property on which a lien is claimed and stating
the facts which authorize or create the lien. Such
person is entitled to the summary procedure under
s. 51.011.
(b) lfthe issues are found for plaintiff, judgment
shall be entered for the amount found to be due him
with 15 percent attorney's fee and costs. The judg-
ment is a prior lien on the property described in the
petition over all other liens accruing or that may be
filed subsequent to the day the lien for such labor
performed or unpaid rent accrued, but if such issues
are found for defendant, judgment shall be entered
dismissing the action.
History.-RS 1744; s. 13, ch. 5143,1903; GS 2212; RGS 3519; s. I, ch. 12079.
1927; CGL 5382; s. 2. ch. 29737, 1955; s. 15, ch. 63-559; s. 37, ch. 67.254; s. 9,
ch. 73-330.
Note.-Former 88. 86.01.86.06.
cf.-Ch. 55 Judgmcc.ts.
85.021 Enforcement by persons not in privity
with the owner.-A person not in privity with the
owner may resort to any of the remedies prescribed
by s. 85.011. The judgment may provide for the re-
covery from the contractor or other person for whom
the labor or material was funushed, ifhe is joined in
the action, of the amount due by him, and from the
owner ofthe amount due by him to the contractor or
other person as aforesaid, at the time of t.he service
of the notice provided for by s. 713.75 of part. II of
chapter 713, as well as enforce t.he lien against. the
property of such owner for such amount, but only
one satisfaction of the judgment shall be had. Al-
t.hough nO lien is found to exist and no judgment
rendered against the owner, judgment may be ren;
dered against the contractor or other person for
whom the labor or materials were furnished for the
amount due by him.
History.-RS 1744; s. 15, ch. 5143, 1903; GS 2213; RGS 3520; CGI. 5383; s.
37, ch. 67.254.
Note.-Former s. 86.07.
cf.-Ch. 49 Constructive service of process.
85.031 Remedies against personal property
only; all lienors.-
(1) BY INJUNCTION ANDATTACHMENT.-If
any person entitled to a lien under part II of chapter
713 on personal property has reason to believe that
it is about to be removed from the county in which
it is, he may enjoin its removal in the manner provid-
ed for enjoining the removal of property subject to a
mortgage or, if the lien has been perfected, may at-
tach it in the manner provided for attachment in aid
of foreclosure of mortgages.
(2) BY SALE WITHOUT JUDICIAL PROCEED-
INGS.-When any person entrusts to any mechanic
or laborer, materials with which to construct, alter
or repair any article of value, or any article of value
to be altered or repaired, and if the article is complet-
ed and not taken away, and the reasonable charges
not paid, such mechanic or laborer may sell it after
3 months from the time such charges become due at
public auction for cash but before the sale the me-
chanic or laborer shall give public notice of the time
and place thereof, by notices posted for 10 days in 3
public places in t.he county, one of which shall be at.
the courthouse, and another in some conspicuous
part of his shop or place of business. The proceeds of
the sale, after payment of charges for construction or
repair with the costs of the sale, shall be deposited
with the clerk of the circuit court for the county, if
the owner is absent, where they shall remain subject.
to the order of the person legally entitled thereto.
The clerk shall be entitled to receive 5 percent on the
proceeds for the care and disbursement thereof. Any
person claiming a lien under s. 713.65, of part II of
chapter 713, may enforce it by sale without judicial
proceedings in the manner set forth herein after 1
324
F.S.1979
ENFORCEMENT OF STATUTORY LIENS
month after the time the charges for which a lien is
claimed become due.
History.--RS 1745; GS 2214; RGS 3521; CGL 5384; s. 2, eh. 25048, 1949; s.
1, eh. 57.94; s. 37. eh. 67.254; SS. 24, 35, eh. 69.106; s. 1, ell. 70.89; s. 2, ell. 79.2H.
Note.-Former s. 86.08.
has been no record of a notice of lien, action to en-
force a lien (if it exists without such record) must be
brought within 12 months from the a.::crual of the
unpaid rent, the performance of the work, or the
furnishing of the materials, and if there has been
such record, the action must be brought within 12
months from the time of such record.
History.-RS 1748; s. 18, eh. 5143, 1903; GS 2223; RGS 3530; CGL 5393; s.
37, eh. 67.254; s. 10, eh. 73-330.
Note.-Former s. 86.11.
85.041 Joinder.-All persons who have liens un-
der part I or part II of chapter 713, may join to
enforce their respective liens.
I1istory.-<. 14, ell. 5143, 1903; GS 2224; RGS 3531; CGL 5394; s. 37, eh.
67.254.
Note.-Former s. 86.10.
85.051 Time of bringing action.-When there
'.
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325
Ch.85
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