CS/HB 197

1
A bill to be entitled
2An act relating to mobile home and recreational vehicle
3parks; amending s. 513.01, F.S.; providing and revising
4definitions; amending s. 513.012, F.S.; specifying laws
5and rules to be enforced by the Department of Health;
6requiring the department to establish uniform standards
7for permitting and operation of lodging parks,
8recreational vehicle parks and camps, and mobile home
9parks; providing application; providing construction;
10amending s. 513.014, F.S.; revising applicability of
11recreational vehicle park requirements to mobile home
12parks; amending s. 513.02, F.S.; revising permit
13requirements; providing requirements for review and
14approval for construction of or changes to parks and
15camps; requiring the department to adopt rules; amending
16s. 513.03, F.S.; revising requirements for permit
17applications; amending s. 513.045, F.S.; revising fees
18charged to operators of certain parks or camps; providing
19for the assessment of late fees; authorizing persons to
20request from the department a review of plans for a
21proposed park or camp; requiring certain plans to be
22submitted to the department for review and approval;
23requiring the department to establish a fee for a
24temporary operating permit for certain events; providing
25for calculation of the fee; providing exemptions; amending
26s. 513.05, F.S.; providing the department with additional
27rulemaking authority; amending s. 513.054, F.S.; providing
28that an operator of a mobile home or recreational vehicle
29park or camp who refuses to pay the operating permit fee
30required by law or who fails, neglects, or refuses to
31obtain an operating permit for the park or camp commits a
32misdemeanor of the second degree; providing penalties;
33amending s. 513.055, F.S.; conforming permit terminology;
34amending s. 513.10, F.S.; providing that a person who
35operates a mobile home, lodging, or recreational vehicle
36park or camp without an operating permit commits a
37misdemeanor of the second degree; providing penalties;
38repealing s. 513.111, F.S., relating to the posting and
39advertising of certain site rates; creating s. 513.1115,
40F.S.; providing requirements for the establishment of
41separation and setback distances; amending s. 513.112,
42F.S.; deleting a provision requiring guest registers to be
43made available for inspection by the department at any
44time; amending s. 513.115, F.S.; revising requirements for
45the handling of unclaimed property; amending s. 513.13,
46F.S.; providing a penalty for failure to depart from a
47park under certain circumstances; barring an operator from
48certain liability; providing an effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Subsection (3) of section 513.01, Florida
53Statutes, is amended, present subsections (5) through (11) of
54that section are renumbered as subsections (6) through (12),
55respectively, and a new subsection (5) is added to that section,
56to read:
57     513.01  Definitions.-As used in this chapter, the term:
58     (3)  "Mobile home" means a residential structure that is
59transportable in one or more sections, which structure is 8 body
60feet (2.4 meters) or more in width, over 35 feet in length with
61the hitch, built on an integral chassis, and designed to be used
62as a dwelling when connected to the required utilities, and not
63originally sold as a recreational vehicle, and includes the
64plumbing, heating, air-conditioning, and electrical systems
65contained in the structure.
66     (5)  "Occupancy" means the length of time that a
67recreational vehicle is occupied by a transient guest and not
68the length of time that such vehicle is located on the leased
69recreational vehicle site. A recreational vehicle may be stored
70and tied down on site when not in use to accommodate the needs
71of the guest. The attachment of a recreational vehicle to the
72ground by way of tie-downs or other removable fasteners and the
73attachment of carports, porches, screen rooms, and similar
74appurtenances by way of removable attaching devices do not
75render the recreational vehicle a permanent part of the
76recreational vehicle site.
77     Section 2.  Section 513.012, Florida Statutes, is amended
78to read:
79     513.012  Public health laws; enforcement.-
80     (1)  It is the intent of the Legislature that mobile home
81parks, lodging parks, recreational vehicle parks, and
82recreational camps be regulated under this chapter. As such, the
83department shall administer and enforce, with respect to such
84parks and camps, uniform laws and rules relating to sanitation,
85control of communicable diseases, illnesses and hazards to
86health among humans and from animals to humans, and the general
87health of the people of the state.
88     (2)  The department shall establish uniform standards for
89permitting and operation of lodging parks, recreational vehicle
90parks and camps, and mobile home parks, which include:
91     (a)  The design, location, and sizes of sites in parks and
92camps.
93     (b)  Sanitation standards for parks and camps.
94     (c)  Occupancy standards for transient rentals in
95recreational vehicle parks and camps.
96     (d)  Permitting of parks and camps as required by this
97chapter, including temporary events at unlicensed locations.
98     (e)  Inspection of parks and camps to enforce compliance
99with this chapter.
100     (f)  Permit requirements, including late fees and penalties
101for operating without a permit.
102     (g)  The maintenance of guest registers.
103     (3)  This chapter establishes uniform standards for
104recreational vehicle parks and camps which apply to:
105     (a)  The liability for property of guests left on sites.
106     (b)  Separation and setback distances established at the
107time of initial approval.
108     (c)  Unclaimed property.
109     (d)  Conduct of transient guests.
110     (e)  Theft of personal property.
111     (f)  Eviction of transient guests.
112     (g)  Writs of distress.
113     (4)  Local governmental actions, ordinances, and
114resolutions must be consistent with the uniform standards
115established pursuant to this chapter and as implemented by rules
116of the department. This chapter does not limit the authority of
117a local government to adopt and enforce land use, building,
118firesafety, and other regulations.
119     (5)  However, Nothing in this chapter qualifies a mobile
120home park, a lodging park, a recreational vehicle park, or a
121recreational camp for a liquor license issued under s.
122561.20(2)(a)1. Mobile home parks, lodging parks, recreational
123vehicle parks, and recreational camps regulated under this
124chapter are exempt from regulation under the provisions of
125chapter 509.
126     Section 3.  Section 513.014, Florida Statutes, is amended
127to read:
128     513.014  Applicability of recreational vehicle park
129provisions to mobile home parks.-A mobile home park that has
130five or more sites set aside for recreational vehicles shall,
131for those sites set aside for recreational vehicles, comply with
132the recreational vehicle park requirements included in this
133chapter. This section does not require a mobile home park with
134spaces set aside for recreational vehicles to obtain two
135licenses. However, a mobile home park that rents spaces to
136recreational vehicles on the basis of long-term leases is
137required to comply with the laws and rules relating to mobile
138home parks including but not limited to chapter 723, if
139applicable.
140     Section 4.  Section 513.02, Florida Statutes, is amended to
141read:
142     513.02  Permits Permit.-
143     (1)  A person may not establish or maintain a mobile home
144park, lodging park, recreational vehicle park, or recreational
145camp in this state without first obtaining an operating a permit
146from the department.
147     (2)  Prior to commencement of construction of a new park or
148camp, or any change to an existing park or camp which requires
149construction of new sanitary facilities or additional permitted
150sites, a person who operates or maintains such park or camp must
151contact the department to receive a review and approval. The
152items required to be submitted and the process for issuing a
153review and approval shall be set by department rule.
154     (3)(a)  An operating Such permit is not transferable from
155one place or person to another. Each permit must be renewed
156annually.
157     (b)(2)  The department may refuse to issue an operating a
158permit to, or refuse to renew the operating permit of, any park
159or camp that is not constructed or maintained in accordance with
160law and with the rules of the department.
161     (c)(3)  The department may suspend or revoke an operating a
162permit issued to any person who that operates or maintains such
163a park or camp if such person fails to comply with this chapter
164or the rules adopted by the department under this chapter.
165     (d)(4)  An operating A permit for the operation of a park
166or camp may not be renewed or transferred if the permittee has
167an outstanding fine assessed pursuant to this chapter which is
168in final-order status and judicial reviews are exhausted, unless
169the transferee agrees to assume the outstanding fine.
170     (e)(5)  When a park or camp regulated under this chapter is
171sold or its ownership transferred, the purchaser transferee must
172apply to the department for an operating a permit within 30 days
173after to the department before the date of sale transfer. The
174applicant must provide the department with a copy of the
175recorded deed or lease agreement before the department may issue
176an operating a permit to the applicant.
177     Section 5.  Section 513.03, Florida Statutes, is amended to
178read:
179     513.03  Application for and issuance of permit.-
180     (1)  An application for an operating a permit must be made
181in writing to the department, on a form prescribed by the
182department. The application must state the location of the
183existing or proposed park or camp;, the type of park or camp;,
184the number of mobile homes or recreational vehicles to be
185accommodated; or the number of recreational campsites,
186buildings, and sites set aside for group camping, including
187barracks, cabins, cottages, and tent spaces; the type of water
188supply;, the method of sewage disposal;, and any other
189information the department requires.
190     (2)  If the department is satisfied, after reviewing the
191application of the proposed or existing park or camp and causing
192an inspection to be made, that the park or camp complies with
193this chapter and is so located, constructed, and equipped as not
194to be a source of danger to the health of the general public,
195the department shall issue the necessary approval or operating
196permit, in writing, on a form prescribed by the department.
197     Section 6.  Paragraph (b) of subsection (1) of section
198513.045, Florida Statutes, is amended to read:
199     513.045  Permit fees.-
200     (1)
201     (b)  Fees established pursuant to this subsection must be
202based on the actual costs incurred by the department in carrying
203out its responsibilities under this chapter.
204     1.  The fee for an annual operating a permit may not be set
205at a rate that is more than $6.50 per space or less than $3.50
206per space. Until rules setting these fees are adopted by the
207department, the permit fee per space is $3.50. The annual
208operating permit fee for a nonexempt recreational camp shall be
209based on an equivalency rate for which two camp occupants equal
210one space. The total fee assessed to an applicant for an annual
211operating permit may not be more than $600 or less than $50,
212except that a fee may be prorated on a quarterly basis. Failure
213to pay an annual operating permit fee in a timely manner shall
214result in the assessment of late fees by the department.
215     2.  A person who seeks department review of plans for a
216proposed park or camp may submit such plans to the department
217for an assessment of whether such plans meet the requirements of
218this chapter and the rules adopted under this chapter.
219     3.  A person constructing a new park or camp or adding
220spaces to or renovating an existing park or camp shall, prior to
221such construction, renovation, or addition, submit plans to the
222department for department review and approval.
223     4.  The department shall, by rule, establish a fee, not to
224exceed $1,000, for a temporary operating permit for a temporary
225event subject to this section. The amount of the fee shall be
226based upon the size, duration, and location of the event and the
227sanitary facilities and services available or to be provided at
228that location. The fee shall be based solely upon the projected
229costs of review of the permit application and inspections by the
230department to achieve compliance with the requirements of the
231department. Licensed parks and camps are exempt from this fee
232and the temporary event permit requirement.
233     Section 7.  Section 513.05, Florida Statutes, is amended to
234read:
235     513.05  Rules.-The department may adopt rules pertaining to
236the location, construction, modification, equipment, and
237operation of mobile home parks, lodging parks, recreational
238vehicle parks, and recreational camps, except as provided in s.
239633.022, as necessary to administer this chapter. Such rules may
240include definitions of terms; requirements for temporary events
241at unlicensed locations which may require a temporary operating
242permit under this chapter; plan reviews of proposed and existing
243parks and camps; plan reviews of parks that consolidate or
244expand space or capacity or change space size; water supply;
245sewage collection and disposal; plumbing and backflow
246prevention; garbage and refuse storage, collection, and
247disposal; insect and rodent control; space requirements; heating
248facilities; food service; lighting; sanitary facilities;
249bedding; an occupancy equivalency to spaces for permits for
250recreational camps; sanitary facilities in recreational vehicle
251parks; and the owners' responsibilities at recreational vehicle
252parks and recreational camps.
253     Section 8.  Section 513.054, Florida Statutes, is amended
254to read:
255     513.054  Penalties for specified offenses by operator.-
256     (1)  Any operator of a mobile home park, lodging park, or
257recreational vehicle park, or a recreational camp who obstructs
258or hinders any agent of the department in the proper discharge
259of the agent's duties; who fails, neglects, or refuses to obtain
260an operating a permit for the park or camp or refuses to pay the
261operating permit fee required by law; or who fails or refuses to
262perform any duty imposed upon the operator by law or rule
263commits is guilty of a misdemeanor of the second degree,
264punishable as provided in s. 775.082 or s. 775.083.
265     (2)  On each day that such park or camp is operated in
266violation of law or rule, there is a separate offense.
267     Section 9.  Section 513.055, Florida Statutes, is amended
268to read:
269     513.055  Revocation or suspension of operating permit;
270fines; procedure.-
271     (1)(a)  The department may suspend or revoke an operating a
272permit issued to any person for a mobile home park, lodging
273park, recreational vehicle park, or recreational camp upon the
274failure of that person to comply with this chapter or the rules
275adopted under this chapter.
276     (b)  An operating A permit may not be suspended under this
277section for a period of more than 12 months. At the end of the
278period of suspension, the permittee may apply for reinstatement
279or renewal of the operating permit. A person whose operating
280permit is revoked may not apply for another operating permit for
281that location prior to the date on which the revoked operating
282permit would otherwise have expired.
283     (2)(a)  In lieu of such suspension or revocation of an
284operating a permit, the department may impose a fine against a
285permittee for the permittee's failure to comply with the
286provisions described in paragraph (1)(a) or may place such
287licensee on probation. No fine so imposed shall exceed $500 for
288each offense, and all amounts collected in fines shall be
289deposited with the Chief Financial Officer to the credit of the
290County Health Department Trust Fund.
291     (b)  In determining the amount of fine to be imposed, if
292any, for a violation, the department shall consider the
293following factors:
294     1.  The gravity of the violation and the extent to which
295the provisions of the applicable statutes or rules have been
296violated.
297     2.  Any action taken by the operator to correct the
298violation.
299     3.  Any previous violation.
300     Section 10.  Subsection (1) of section 513.10, Florida
301Statutes, is amended to read:
302     513.10  Operating without permit; enforcement of chapter;
303penalties.-
304     (1)  Any person who maintains or operates a mobile home
305park, lodging park, recreational vehicle park, or recreational
306camp without first obtaining an operating a permit as required
307by s. 513.02, or who maintains or operates such a park or camp
308after revocation of the operating permit, commits is guilty of a
309misdemeanor of the second degree,
310775.082 or s. 775.083.
311     Section 11.  Section 513.111, Florida Statutes, is
312repealed.
313     Section 12.  Section 513.1115, Florida Statutes, is created
314to read:
315     513.1115  Placement of recreational vehicles on lots in
316permitted parks.-
317     (1)  Separation distances between recreational vehicles
318shall be the distances established at the time of initial
319approval of the recreational vehicle park by the department and
320the local government.
321     (2)  Setback distances from the exterior property boundary
322of the recreational vehicle park shall be the setback distances
323established at the time of initial approval of the recreational
324vehicle park by the department and the local government.
325     (3)  This section does not limit the regulation of the
326uniform firesafety standards established under s. 633.022.
327     Section 13.  Subsection (1) of section 513.112, Florida
328Statutes, is amended to read:
329     513.112  Maintenance of guest register and copy of laws.-
330     (1)  It is the duty of each operator of a recreational
331vehicle park that rents to transient guests to maintain at all
332times a register, signed by or for guests who occupy rental
333sites within the park. The register must show the dates upon
334which the rental sites were occupied by such guests and the
335rates charged for the guests' occupancy. This register shall be
336maintained in chronological order and shall be available for
337inspection by the department at any time. An operator is not
338required to retain a register that is more than 2 years old.
339     Section 14.  Section 513.115, Florida Statutes, is amended
340to read:
341     513.115  Unclaimed property.-Any property having an
342identifiable owner which is left in a recreational vehicle park
343by a guest, including, but not limited to, other than property
344belonging to a guest who has vacated the premises without notice
345to the operator and with an outstanding account, which property
346remains unclaimed after having been held by the park for 90 days
347after written notice was provided to the guest or the owner of
348the property, may be disposed of by becomes the property of the
349park. Any titled property, including a boat, recreational
350vehicle, or other vehicle, shall be disposed of in accordance
351with chapter 715.
352     Section 15.  Subsections (2) and (4) of section 513.13,
353Florida Statutes, are amended to read:
354     513.13  Recreational vehicle parks; eviction; grounds;
355proceedings.-
356     (2)  The operator of any recreational vehicle park shall
357notify such guest that the park no longer desires to entertain
358the guest and shall request that such guest immediately depart
359from the park. Such notice shall be given in writing. If such
360guest has paid in advance, the park shall, at the time such
361notice is given, tender to the guest the unused portion of the
362advance payment. Any guest who remains or attempts to remain in
363such park after being requested to leave commits is guilty of a
364misdemeanor of the second degree, punishable as provided in s.
365775.082 or s. 775.083. If the notice is given in the presence of
366a law enforcement officer by posting or personal delivery and
367the person fails to depart from the park immediately, the person
368commits a misdemeanor of the second degree, punishable as
369provided in s. 775.082 or s. 775.083.
370     (4)  If any person is illegally on the premises of any
371recreational vehicle park, the operator of such park may call
372upon any law enforcement officer of this state for assistance.
373It is the duty of such law enforcement officer, upon the request
374of such operator, to place under arrest and take into custody
375for violation of this section any guest who violates subsection
376(1) or subsection (2) in the presence of the officer. If a
377warrant has been issued by the proper judicial officer for the
378arrest of any violator of subsection (1) or subsection (2), the
379officer shall serve the warrant, arrest the person, and take the
380person into custody. Upon arrest, with or without warrant, the
381guest is deemed to have given up any right to occupancy or to
382have abandoned the guest's right to occupancy of the premises of
383the recreational vehicle park,; and the operator of the park
384shall employ all reasonable and proper means to care for any
385personal property left on the premises by such guest and shall
386refund any unused portion of moneys paid by such guest for the
387occupancy of such premises. The operator is not liable for
388damages to personal property left on the premises by a guest who
389violates subsection (1) or subsection (2) and is arrested by a
390law enforcement officer.
391     Section 16.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.