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Magistrate delays ruling in mobile-home park case after dispute over who is responsible under Florida law
Summary
A property-owner/park-operator dispute over code violations at Daytona Beach MHP LLC centered on whether the city may cite the park owner for conditions that statute says are the responsibility of mobile-home owners; magistrate continued the case to June 10 and requested lease/survey evidence.
A May 13 special magistrate hearing in Daytona Beach turned into a procedural and legal contest over whether the city may pursue enforcement against a mobile-home park owner for violations that the Florida Mobile Home Act assigns to individual mobile-home owners.
Sean Cornell, attorney for Daytona Beach MHP LLC, told the magistrate that Florida Statute chapter 723 (the Florida Mobile Home Act) preempts local enforcement in some circumstances and that fines or liens for conditions on individual lots should be directed at the mobile-home owner, not the park owner. “There is a statute that preempts a local government from assessing fines, liens, violations of this nature against the mobile home park owner,” Cornell said. He…
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