Florida Rules on Pass-Through Utilities in Mobile Home Parks

If you rent a lot in a Florida mobile home or manufactured housing park, understanding your rights regarding utility charges is essential. Many renters wonder if parks can charge pass-through utilities, and how the law protects them from unfair fees. Here’s what you need to know about pass-through utility billing in Florida’s mobile home parks.

What Are Pass-Through Utility Charges?

Pass-through utilities are utility costs that your park owner pays to a utility company and then bills you, the tenant, often with some administrative or handling fee. Common examples include water, sewer, garbage, and sometimes electricity or gas. These charges are usually not part of your base lot rent but are billed separately.

Florida Law on Pass-Through Utility Charges in Mobile Home Parks

Florida law allows park owners to charge tenants for utilities as a pass-through expense, but there are strict rules. Charges must be clearly disclosed in your lot rental agreement and calculated fairly. Landlords must act within the limits of the Florida Mobile Home Act (Chapter 723, Florida Statutes)^[1].

• Disclosure: Your rental agreement should explain which utilities are billed as pass-through and how costs are divided.
• Calculation: Charges for pass-through utilities must reflect actual usage or your share of the utility company's bill, not an arbitrary number.
• No Profit: Park owners may not profit from pass-through utility charges; only actual costs plus any permitted administrative fee can be charged.

Limits on Increased Utility Charges

If the utility company raises rates, your park owner can adjust your payment, but they must provide reasonable notice and documentation. All changes must stay within the guidelines of the Florida Mobile Home Act.

Required Forms and How to Challenge Charges

If you believe you’re unfairly charged, the law gives you options. Tenants are entitled to a breakdown of utility costs. If disputes remain unresolved, renters can file a formal complaint.

Key Official Forms

• Florida Department of Business & Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes - Complaint Form
  When to use: If you believe your park owner is overcharging you or is violating Florida law by mismanaging pass-through utility costs, you can submit this form. Access the official complaint form here.
  Example: If your utility bill from the park seems unusually high and your rental agreement isn’t clear about such charges, complete and submit this form to request a state investigation.

The official tribunal handling residential tenancies, including mobile home park disputes, is the Division of Florida Condominiums, Timeshares, and Mobile Homes (part of the Department of Business & Professional Regulation).

Your Rights and Responsibilities

• Always request copies of any bills or documentation used to calculate your utility charges.
• If you disagree with charges, notify your landlord in writing and keep all correspondence.
• If unresolved, file a complaint with the Division using the official form above.

FAQ: Pass-Through Utility Charges in Florida

1. Can my landlord add administrative fees to pass-through utility charges?
   Yes, but only if allowed in your rental agreement and within limits set by Florida law.
2. Am I required to pay for utilities my rental agreement does not mention?
   No, you are only responsible for charges outlined in your signed rental agreement.
3. What if I think I’m being overcharged for utilities?
   Ask your park owner for a detailed breakdown. If the issue remains, file a complaint with the Division of Florida Condominiums, Timeshares, and Mobile Homes.
4. Who oversees disputes in mobile home parks?
   The Division of Florida Condominiums, Timeshares, and Mobile Homes handles these issues in Florida.
5. Do I have to pay a late fee if I dispute a utility bill?
   If you are contesting the charge in good faith, document your dispute and contact the Division for guidance before withholding payment.

Key Takeaways

• Florida allows pass-through utility billing in mobile home parks, but charges must be clear, fair, and not for profit.
• All utility charges should be spelled out in your rental agreement and based on actual use or your proportional share.
• If you have concerns, you can request itemized bills and file a complaint with the state Division.

Need Help? Resources for Renters

• Division of Florida Condominiums, Timeshares, and Mobile Homes – State tribunal and resource center for mobile home renters
• State Complaint Form for Mobile Home Park Issues
• Florida Housing Legal & Housing Counseling – Free tenant counseling and legal aid
• If you need more help, call the Division at (850) 488-1122 or email condos@myfloridalicense.com

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1. Florida Statutes, Chapter 723 - Florida Mobile Home Act

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