Can a Florida park charge a fee it never disclosed?

Florida Statutes §723.031(6) provides that failure to disclose all fees, charges, or assessments before tenancy generally prevents the park owner from collecting them, unless it can be shown they were collected as a matter of custom. This is general information, not advice about a specific charge.

What counts as 'lot rental amount' in Florida?

Under §723.003, the lot rental amount means 'all financial obligations, except user fees, which are required as a condition of the tenancy.' That means many required charges are treated as part of rent rather than separate optional fees.

Mobile home park fees in Florida

Q: What is a pass-through charge?

Section 723.003 defines a pass-through charge as the mobile home owner's proportionate share of the actual direct costs and impact or hookup fees for a governmentally mandated capital improvement. It is a specific, defined category — not a catch-all for any cost the park wants to pass along.

In Florida, the fees a mobile home park can charge are shaped by Chapter 723, the Florida Mobile Home Act. Two ideas do most of the work: charges generally have to be disclosed before tenancy begins, and many required charges are folded into the defined "lot rental amount." This is general information about how the law works; for a specific fee or dispute, consider consulting a licensed attorney in Florida.

What the statute says

Florida Statutes §723.031 governs mobile home lot rental agreements. On disclosure, subsection (6) is the key provision:

Failure on the part of the mobile home park owner or developer to disclose fully all fees, charges, or assessments prior to tenancy, unless it can be shown that such fees, charges, or assessments have been collected as a matter of custom between the mobile home park owner and the mobile home owner, shall prevent the park owner or operator from collecting said fees, charges, or assessments.

The same section also requires that the rental agreement contain the lot rental amount and the services included.

How charges are categorized matters too. Section 723.003 defines the "lot rental amount" as "all financial obligations, except user fees, which are required as a condition of the tenancy," and separately defines a "pass-through charge" as the homeowner's proportionate share of the actual direct costs and impact or hookup fees "for a governmentally mandated capital improvement."

How it works in general

The practical effect of §723.031(6) is that disclosure comes first. Charges a park did not disclose before tenancy generally cannot be collected later, with the narrow custom exception the statute describes. Because the "lot rental amount" sweeps in financial obligations required as a condition of tenancy, many charges a resident might think of as separate "fees" are treated as part of rent — which also means they ride along with the notice rules that apply to rent. Pass-through charges, by contrast, are a defined and limited category tied to governmentally mandated capital improvements.

Common scenarios

General examples Florida park residents commonly encounter:

A new charge appears that was never mentioned at move-in. The disclosure rule in §723.031(6) is what governs whether it can be collected.
A park describes a charge as a "pass-through." Whether it fits the §723.003 definition — a proportionate share of a governmentally mandated capital improvement — is the question that matters.
A resident tries to separate "rent" from "fees." The broad statutory definition of "lot rental amount" often blurs that line.

Other authorities that may apply

The rental agreement and the park's prospectus spell out specific charges and how they may change, so they are read alongside the statute. Utility-related charges can also involve the Florida Public Service Commission. And federal law may apply to how charges are imposed in particular situations. The statute is the framework, but the park's own documents usually supply the specifics.