Florida Statutes 723.016 – Advertising materials; oral statements
Current as of: 2023 | Check for updates
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(1) All advertising materials for, used by, or promoting any mobile home park shall be filed with the division by the developer, park owner, or mobile home dealer within 30 days of the end of each calendar quarter in which it was used, unless the material has been previously filed. The calendar quarters shall end on March 31, June 30, September 30, and December 31 of each year.
(2) The term “advertising materials” includes:
(a) Promotional brochures, pamphlets, advertisements, or other materials disseminated to the public in connection with the sale of a new mobile home or lease of a mobile home lot.
Terms Used In Florida Statutes 723.016
- Division: means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. See Florida Statutes 723.003
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mobile home: means a residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. See Florida Statutes 723.003
- Mobile home lot: means a lot described by a park owner pursuant to the requirements of…. See Florida Statutes 723.003
- park: means a use of land in which lots or spaces are offered for rent or lease for the placement of mobile homes and in which the primary use of the park is residential. See Florida Statutes 723.003
- park owner: means an owner or operator of a mobile home park. See Florida Statutes 723.003
(b) Billboards and other signs posted on and off the premises.
(3) The following “advertising materials” are exempt from the filing requirements of this section: telephone directories, business cards, items placed solely on bulletin boards in a mobile home park, and correspondence in response to inquiries by individuals.
(4) No advertising materials or oral statement made by any developer, park owner, or mobile home dealer shall:
(a) Misrepresent a fact or create a false or misleading impression regarding the mobile home or mobile home park.
(b) Contain any asterisk or other reference symbol as a means of contradicting or substantially changing any statement previously made or as a means of obscuring a material fact.
(c) Misrepresent the size, nature, extent, qualities, or characteristics of the offered facilities.
(d) Misrepresent the nature or extent of any service incident to the tenancy.
(5) The division shall not impose a civil penalty in excess of $250 per advertisement for each instance of the untimely filing of advertising materials.