Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 292
                                Barcode 664890                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/28/2011           .                                

       The Committee on Health Regulation (Fasano) recommended the
    1         Senate Amendment 
    3         Delete lines 74 - 244
    4  and insert:
    5         Section 2. Section 513.012, Florida Statutes, is amended to
    6  read:
    7         513.012 Public health laws; enforcement.—
    8         (1) It is the intent of the Legislature that mobile home
    9  parks, lodging parks, recreational vehicle parks, and
   10  recreational camps be regulated under this chapter. As such, the
   11  department shall administer and enforce, with respect to such
   12  parks and camps, uniform laws and rules relating to sanitation,
   13  control of communicable diseases, illnesses and hazards to
   14  health among humans and from animals to humans, and the general
   15  health of the people of the state.
   16         (2) This chapter establishes uniform standards to be
   17  administered and enforced by the department for the issuing of
   18  permits for, and the operation of, mobile home parks, lodging
   19  parks, recreational vehicle parks, and recreational camps, which
   20  include:
   21         (a) The design, location, and site sizes for sites in parks
   22  and camps;
   23         (b) Sanitary standards for the issuing of permits for, and
   24  the operation of, parks and camps;
   25         (c) The issuing of permits for parks and camps as required
   26  by this chapter;
   27         (d) The inspection of parks and camps to enforce compliance
   28  with this chapter; and
   29         (e) Permit requirements.
   30         (3)This chapter establishes uniform standards for
   31  recreational vehicle parks and camps which apply to:
   32         (a) The liability for property of guests left on sites;
   33         (b) Separation and setback distances established at the
   34  time of initial approval;
   35         (c)Unclaimed property;
   36         (d)Conduct of transient guests;
   37         (e)Theft of personal property;
   38         (f) Evictions of transient guests;
   39         (g) Writs of distress;
   40         (h) The maintenance of guest registers;
   41         (i) Occupancy standards for transient rentals; and
   42         (j) Placement of recreational vehicles by size and type.
   43         (4)Local governmental actions, ordinances, and resolutions
   44  must be consistent with the uniform standards established
   45  pursuant to this chapter and as implemented by rules of the
   46  department. This chapter does not limit the authority of a local
   47  government to adopt and enforce land use, building, firesafety,
   48  and other regulations.
   49         (5) However, nothing in this chapter qualifies a mobile
   50  home park, a lodging park, a recreational vehicle park, or a
   51  recreational camp for a liquor license issued under s.
   52  561.20(2)(a)1. Mobile home parks, lodging parks, recreational
   53  vehicle parks, and recreational camps regulated under this
   54  chapter are exempt from regulation under the provisions of
   55  chapter 509.
   56         Section 3. Section 513.014, Florida Statutes, is amended to
   57  read:
   58         513.014 Applicability of recreational vehicle park
   59  provisions to mobile home parks.—A mobile home park that has
   60  five or more sites set aside for recreational vehicles shall,
   61  for those sites set aside for recreational vehicles, comply with
   62  the recreational vehicle park requirements included in this
   63  chapter. This section does not require a mobile home park with
   64  spaces set aside for recreational vehicles to obtain two
   65  licenses. However, a mobile home park that rents spaces to
   66  recreational vehicles on the basis of long-term leases is
   67  required to comply with the laws and rules relating to mobile
   68  home parks including but not limited to chapter 723, if
   69  applicable.
   70         Section 4. Section 513.02, Florida Statutes, is amended to
   71  read:
   72         513.02 Permits Permit.—
   73         (1) A person may not establish or maintain a mobile home
   74  park, lodging park, recreational vehicle park, or recreational
   75  camp in this state without first obtaining an operating a permit
   76  from the department. Such permit is not transferable from one
   77  place or person to another. Each permit must be renewed
   78  annually.
   79         (2) Before the commencement of construction of a new park
   80  or camp or before any change to an existing park or camp which
   81  requires construction of new sanitary facilities or additional
   82  permitted sites, a person who operates or maintains such park or
   83  camp must contact the department to receive a review and
   84  approval. The items required to be submitted and the process for
   85  issuing a review and approval shall be set by department rule.
   86         (3)(a) An operating permit is not transferable from one
   87  place or person to another. Each permit must be renewed
   88  annually.
   89         (b)(2) The department may refuse to issue an operating a
   90  permit to, or refuse to renew the operating permit of, any park
   91  or camp that is not constructed or maintained in accordance with
   92  law and with the rules of the department.
   93         (c)(3) The department may suspend or revoke an operating a
   94  permit issued to any person that operates or maintains such a
   95  park or camp if such person fails to comply with this chapter or
   96  the rules adopted by the department under this chapter.
   97         (d)(4)An operating A permit for the operation of a park or
   98  camp may not be renewed or transferred if the permittee has an
   99  outstanding fine assessed pursuant to this chapter which is in
  100  final-order status and judicial reviews are exhausted, unless
  101  the transferee agrees to assume the outstanding fine.
  102         (e)(5) When a park or camp regulated under this chapter is
  103  sold or its ownership transferred, the purchaser who continues
  104  operation of the park or camp transferee must apply to the
  105  department for an operating a permit within 30 days after to the
  106  department before the date of sale transfer. The applicant must
  107  provide the department with a copy of the recorded deed or lease
  108  agreement before the department may issue an operating a permit
  109  to the applicant.
  110         (4) Each person seeking department review of plans for a
  111  proposed park or camp may submit the plans to the department for
  112  an assessment of whether the plans meet the requirements of this
  113  chapter and the rules.
  114         (5) Each person constructing a new park or camp or adding
  115  spaces to an existing park or camp must, before the
  116  construction, renovation, or addition, submit plans to the
  117  department for department review and approval.
  118         Section 5. Section 513.03, Florida Statutes, is amended to
  119  read:
  120         513.03 Application for and issuance of permit.—
  121         (1) An application for an operating a permit must be made
  122  in writing to the department, on a form prescribed by the
  123  department. The application must state the location of the
  124  existing or proposed park or camp;, the type of park or camp;,
  125  the number of mobile homes or recreational vehicles to be
  126  accommodated; or the number of recreational campsites,
  127  buildings, and sites set aside for group camping, including
  128  barracks, cabins, cottages, and tent spaces; the type of water
  129  supply;, the method of sewage disposal;, and any other
  130  information the department requires.
  131         (2) If the department is satisfied, after reviewing the
  132  application of the proposed or existing park or camp and causing
  133  an inspection to be made, that the park or camp complies with
  134  this chapter and is so located, constructed, and equipped as not
  135  to be a source of danger to the health of the general public,
  136  the department shall issue the necessary approval or operating
  137  permit, in writing, on a form prescribed by the department.
  138         Section 6. Subsection (1) of section 513.045, Florida
  139  Statutes, is amended to read:
  140         513.045 Permit fees.—
  141         (1)(a) Each person seeking a permit to establish, operate,
  142  or maintain a mobile home park, lodging park, recreational
  143  vehicle park, or recreational camp must pay to the department a
  144  fee, the amount of which shall be set by rule of the department.
  145         (b) Fees established pursuant to this subsection must be
  146  based on the actual costs incurred by the department in carrying
  147  out its responsibilities under this chapter.
  148         (c) The fee for an annual operating a permit may not be set
  149  at a rate that is more than $6.50 per space or less than $3.50
  150  per space. Until rules setting these fees are adopted by the
  151  department, the permit fee per space is $3.50. The annual
  152  operating permit fee for a nonexempt recreational camp shall be
  153  based on an equivalency rate for which two camp occupants equal
  154  one space. The total fee assessed to an applicant for an annual
  155  operating permit may not be more than $600 or less than $50,
  156  except that a fee may be prorated on a quarterly basis.
  157         (d)(c) A recreational camp operated by a civic, fraternal,
  158  educational, or religious organization that does not rent to the
  159  public is exempt from the fee requirements of this subsection.
  160         Section 7. Section 513.05, Florida Statutes, is amended to
  161  read:
  162         513.05 Rules.—The department may adopt rules pertaining to
  163  the location, construction, modification, equipment, and
  164  operation of mobile home parks, lodging parks, recreational
  165  vehicle parks, and recreational camps, except as provided in s.
  166  633.022, as necessary to administer this chapter, pursuant to
  167  the provisions of this chapter and s. 381.006. Such rules may
  168  include definitions of terms; requirements for plan reviews of
  169  proposed and existing parks and camps; plan reviews of parks
  170  that consolidate or expand space or capacity or change space
  171  size; water supply; sewage collection and disposal; plumbing and
  172  backflow prevention; garbage and refuse storage, collection, and
  173  disposal; insect and rodent control; space requirements; heating
  174  facilities; food service; lighting; sanitary facilities;
  175  bedding; an occupancy equivalency to spaces for permits for
  176  recreational camps; sanitary facilities in recreational vehicle
  177  parks; and the owners’ responsibilities at recreational vehicle
  178  parks and recreational camps.