Stewart v. Green

300 So. 2d 889
CourtSupreme Court of Florida
DecidedJuly 10, 1974
Docket44832
StatusPublished
Cited by29 cases

This text of 300 So. 2d 889 (Stewart v. Green) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stewart v. Green, 300 So. 2d 889 (Fla. 1974).

Opinion

300 So.2d 889 (1974)

Coleman STEWART and Maria Stewart, His Wife, D/B/a Ravenswood Mobile Home Park, Plaintiffs,
v.
Robert GREEN et al., Defendants.

No. 44832.

Supreme Court of Florida.

July 10, 1974.
Rehearing Denied October 16, 1974.

*890 Thomas F. Panza of Wolf, Gora & Courtney, Fort Lauderdale, for plaintiffs.

Alan S. Becker and Sheryl J. Lowenthal of Becker & Poliakoff, Miami Beach, for defendants.

Robert L. Shevin, Atty. Gen., and Richard Stanley Rachlin, Asst. Atty. Gen., for the State of Florida, as intervenor.

ERVIN, Justice.

We consider a certified question of law from Honorable Stephen R. Booher, Judge of the Seventeenth Judicial Circuit for Broward County, Florida.

The question certified for our consideration is as follows:

"Whether Florida Statutes 83.271, renumbered 83.69, providing that
"`(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 law, state law or local ordinance which may be deemed detrimental to the health, safety and 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 thirty 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 owner prior to his signing the lease or entering into a rental agreement. A copy of the rules and regulations also shall 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 presumed 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 rentals to some other use; provided that all tenants affected are given at least ninety (90) days notice, or longer if provided for in a valid lease, of the projected change of use and of their need to secure other accommodations'
"is a constitutional and valid exercise of the police power of the State by the Florida Legislature in its endeavor to enact laws which are beneficial to and in *891 furtherance of the welfare, health and safety of the people of the State of Florida?
"On consideration of the great public importance of the question presented, and the stipulation of counsel, and pursuant to Rule 4.6 of the Florida Appellate Rules [32 F.S.A.],
"IT IS ORDERED by the Court that said question of constitutionality be and the same is hereby CERTIFIED to the Supreme Court of Florida for instruction."

The parties have agreed by stipulation that the salient facts in the instant litigation leading to the certification of the question are as follows:

"1) The cause is in the nature of a consolidation of five actions for eviction from Ravenswood Mobile Home Park, Fort Lauderdale, Florida.

2) Defendants rely upon Florida Statute Section 83.271, numbered 83.69, F.S.A., as a defense to the actions for possession, the Plaintiffs' complaints for possession not being predicated on the grounds for eviction established by that section.

3) Plaintiffs allege that Florida Statute Section 83.271, renumbered 83.69 is unconstitutional as applied to them in these actions to evict Defendants from their mobile home park.

4) The question of the constitutionality is one of great public significance, since some 700,000 people in the State of Florida are affected by the subject statute."

Subject to certain caveats hereinafter set forth, we answer that F.S. Section 83.69, F.S.A. is facially constitutional and does not violate the due process and equal protection clauses of the constitutions of the United States and the State of Florida. We conclude that Section 83.69 is a valid exercise of the police power.

The object of the statute is to ameliorate and correct as far as possible by exercise of the police power what the Legislature has found to be evils inimical to the public welfare in the subject considered. Protection of mobile home owners from grievous abuses by their landlords, or mobile home park owners, was found by the Legislature to be essential.

As documented by the 1970 report of Professor Cubberly for the State Department of Community Affairs, and reaffirmed by the Governor's 1974 Mobile Home Task Force, we note that most people who live in mobile homes usually spend several thousands of dollars to purchase a home, usually from a mobile home park owner or an associated dealer. Most mobile home owners find they must also rent the lot on which their mobile home is to be placed from their mobile home dealer or his associate. In most instances they become month-to-month tenants, subject to being evicted on fifteen days' notice, although their "home," with its wheels and hitch removed, appears to have permanence of location, being tied down on the lot as state law requires and being undergirded with a poured cement base. A great catch in the eviction removal process, as the Governor's Task Force noticed, is that often under modern conditions there is no ready place for an evicted mobile home owner to go due to a shortage of mobile home spaces in many areas of the state.

There has developed because of space shortage what is known as the "closed park," from whose owners a prospective tenant must either buy a new mobile home in order to get in, although he may already own his "used" or "removed" home from a park from which he had to move; or the park owner may accept the "used" or "removed" home in his park only upon payment of a high entrance fee.

A mobile home is a prefabricated structure built to specifications established by state law. It has all the conveniences of a modern apartment, and often has more room.

*892 A "mobile" home is not actually mobile, and even an owner who does not encounter "closed park" problems often finds it is quite expensive to remove a home and relocate it because of the incidental costs of labor and materials and towing once the home has been "cemented" onto a lot.

If mobile home park owners are allowed unregulated and uncontrolled power to evict mobile home tenants, a form of economic servitude ensues rendering tenants subject to oppressive treatment in their relations with park owners and the latters' overriding economic advantage over tenants.

Regulatory laws that applied to the old tin-can tourists and their easily movable trailers and even those applicable nowadays to rental apartments are inadequate for the regulation of mobile homes under conditions prevailing today. The Legislature finally recognized by Section 83.69 that a hybrid type of property relationship exists beween the mobile home owner and the park owner and that the relationship is not simply one of landowner and tenant. Each has basic property rights which must reciprocally accommodate and harmonize. Separate and distinct mobile home laws are necessary to define the relationships and protect the interests of the persons involved.

F.S. Section 83.69, F.S.A.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gallo v. Celebration Pointe Townhomes, Inc.
972 So. 2d 992 (District Court of Appeal of Florida, 2008)
Munao, Munao, Munao v. Homeowners Ass'n
740 So. 2d 73 (District Court of Appeal of Florida, 1999)
Mobile Home Owners v. Fl. Housing Ass'n
683 So. 2d 586 (District Court of Appeal of Florida, 1996)
Aspen-Tarpon Springs Ltd. v. Stuart
635 So. 2d 61 (District Court of Appeal of Florida, 1994)
Herrick v. FLORIDA DEPT. OF BUSINESS REG.
595 So. 2d 148 (District Court of Appeal of Florida, 1992)
Harris v. Martin Regency, Ltd.
576 So. 2d 1294 (Supreme Court of Florida, 1991)
Matter of Riverside Village
102 B.R. 858 (M.D. Florida, 1989)
Colonial Acres Mobile Homeowners Ass'n v. Wallach
558 So. 2d 25 (District Court of Appeal of Florida, 1989)
Kier v. Belcher
28 Fla. Supp. 2d 86 (Florida Circuit Courts, 1988)
Pearce v. Doral Mobile Home Villas, Inc.
521 So. 2d 282 (District Court of Appeal of Florida, 1988)
Village Green Federation Unit, Inc. v. Florida Atlantic Associates
18 Fla. Supp. 2d 94 (Florida Circuit Courts, 1986)
Ashling Enterprises, Inc. v. Browning
487 So. 2d 56 (District Court of Appeal of Florida, 1986)
Jones v. Thomas
16 Fla. Supp. 2d 30 (Florida Circuit Courts, 1986)
Piereth v. Old Bridge Corp.
473 So. 2d 288 (District Court of Appeal of Florida, 1985)
Shadow Hills Associates v. Mason
7 Fla. Supp. 2d 120 (Orange County Court, 1984)
Lemon v. Aspen Emerald Lakes Associates, Ltd.
446 So. 2d 177 (District Court of Appeal of Florida, 1984)
Artino v. Cutler
439 So. 2d 304 (District Court of Appeal of Florida, 1983)
Ago
Florida Attorney General Reports, 1982
Crown Diversified Industries, Inc. v. Watt
415 So. 2d 803 (District Court of Appeal of Florida, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
300 So. 2d 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-green-fla-1974.