Florida Senate - 2011 SB 292
By Senator Dean
3-00328-11 2011292__
1 A bill to be entitled
2 An act relating to mobile home and recreational
3 vehicle parks; amending s. 513.01, F.S.; providing and
4 revising definitions; amending s. 513.012, F.S.;
5 specifying laws and rules to be enforced by the
6 Department of Health; providing for the adoption of
7 rules; amending s. 513.014, F.S.; revising
8 applicability of recreational vehicle park
9 requirements to mobile home parks; amending s. 513.02,
10 F.S.; revising permit requirements; providing
11 requirements for construction review and approval for
12 private parks and camps; requiring the department to
13 adopt rules; amending s. 513.03, F.S.; revising
14 requirements for permit applications; amending s.
15 513.045, F.S.; revising fees charged to operators of
16 certain parks or camps; authorizing persons to request
17 from the department a review of plans for a proposed
18 park or camp; requiring certain construction and
19 renovation plans to be submitted to the department for
20 review and approval; amending s. 513.05, F.S.;
21 providing the department with additional rulemaking
22 authority; amending s. 513.054, F.S.; providing that
23 an operator of a mobile home park, lodging park,
24 recreational vehicle park, or recreational camp who
25 refuses to pay the operating permit fee required by
26 law or who fails, neglects, or refuses to obtain an
27 operating permit for the park commits a misdemeanor of
28 the second degree; amending s. 513.055, F.S.;
29 conforming terminology; amending s. 513.10, F.S.;
30 providing that a person who operates a mobile home
31 park, lodging park, recreational vehicle park, or
32 recreational camp without a permit commits a
33 misdemeanor of the second degree; repealing s.
34 513.111, F.S., relating to the posting and advertising
35 of certain site rates; creating s. 513.1115, F.S.;
36 providing requirements for the establishment of
37 separation and setback distances; amending s. 513.112,
38 F.S.; deleting a provision requiring guest registers
39 to be made available for inspection by the department
40 at any time; amending s. 513.115, F.S.; revising
41 requirements for the handling of unclaimed property;
42 amending s. 513.13, F.S.; providing a penalty for
43 failure to depart from a park under certain
44 circumstances; barring an operator from certain
45 liability; providing an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Subsection (3) of section 513.01, Florida
50 Statutes, is amended, present subsections (5) through (11) of
51 that section are renumbered as subsections (6) through (12),
52 respectively, and a new subsection (5) is added to that section,
53 to read:
54 513.01 Definitions.—As used in this chapter, the term:
55 (3) “Mobile home” means a residential structure that is
56 transportable in one or more sections, which structure is 8 body
57 feet (2.4 meters) or more in width, over 35 feet in length with
58 the hitch, built on an integral chassis, and designed to be used
59 as a dwelling when connected to the required utilities, and not
60 originally sold as a recreational vehicle, and includes the
61 plumbing, heating, air-conditioning, and electrical systems
62 contained in the structure.
63 (5) “Occupancy” means the length of time that a
64 recreational vehicle is occupied by a transient guest and not
65 the length of time that such vehicle is located on the leased
66 recreational vehicle site. A recreational vehicle may be stored
67 and tied down on site when not in use to accommodate the needs
68 of the guest. The attachment of a recreational vehicle to the
69 ground by way of tie-downs or other removable fasteners, and the
70 attachment of carports, porches, screen rooms, and similar
71 appurtenances by way of removable attaching devices, do not
72 render the recreational vehicle a permanent part of the
73 recreational vehicle site.
74 Section 2. Section 513.012, Florida Statutes, is amended to
75 read:
76 513.012 Public health laws; enforcement.—
77 (1) It is the intent of the Legislature that mobile home
78 parks, lodging parks, recreational vehicle parks, and
79 recreational camps be regulated under this chapter. As such, the
80 department shall administer and enforce, with respect to such
81 parks and camps, uniform laws and rules relating to sanitation,
82 control of communicable diseases, illnesses and hazards to
83 health among humans and from animals to humans, and the general
84 health of the people of the state.
85 (2) The department shall establish uniform standards for
86 the issuing of permits for, and the operation of, mobile home
87 parks, lodging parks, recreational vehicle parks, and
88 recreational camps, which include:
89 (a) The design, location, and site sizes for sites in parks
90 and camps;
91 (b) Sanitary standards for the issuing of permits for, and
92 the operation of, parks and camps;
93 (c) Occupancy standards for transient rentals in
94 recreational vehicle parks and camps;
95 (d) The issuing of permits for parks and camps as required
96 by this chapter;
97 (e) The inspection of parks and camps to enforce compliance
98 with this chapter;
99 (f) Permit requirements; and
100 (g) The maintenance of guest registers.
101 (3) This chapter establishes uniform standards for
102 recreational vehicle parks and camps which apply to:
103 (a) The liability for property of guests left on sites;
104 (b) Separation and setback distances established at the
105 time of initial approval;
106 (c) Unclaimed property;
107 (d) Conduct of transient guests;
108 (e) Theft of personal property;
109 (f) Evictions of transient guests; and
110 (g) Writs of distress.
111 (4) Local governmental actions, ordinances, and resolutions
112 must be consistent with the uniform standards established
113 pursuant to this chapter and as implemented by rules of the
114 department. This chapter does not limit the authority of a local
115 government to adopt and enforce land use, building, firesafety,
116 and other regulations.
117 (5) However, nothing in this chapter qualifies a mobile
118 home park, a lodging park, a recreational vehicle park, or a
119 recreational camp for a liquor license issued under s.
120 561.20(2)(a)1. Mobile home parks, lodging parks, recreational
121 vehicle parks, and recreational camps regulated under this
122 chapter are exempt from regulation under the provisions of
123 chapter 509.
124 Section 3. Section 513.014, Florida Statutes, is amended to
125 read:
126 513.014 Applicability of recreational vehicle park
127 provisions to mobile home parks.—A mobile home park that has
128 five or more sites set aside for recreational vehicles shall,
129 for those sites set aside for recreational vehicles, comply with
130 the recreational vehicle park requirements included in this
131 chapter. This section does not require a mobile home park with
132 spaces set aside for recreational vehicles to obtain two
133 licenses. However, a mobile home park that rents spaces to
134 recreational vehicles on the basis of long-term leases is
135 required to comply with the laws and rules relating to mobile
136 home parks including but not limited to chapter 723, if
137 applicable.
138 Section 4. Section 513.02, Florida Statutes, is amended to
139 read:
140 513.02 Permits Permit.—
141 (1) A person may not establish or maintain a mobile home
142 park, lodging park, recreational vehicle park, or recreational
143 camp in this state without first obtaining an operating a permit
144 from the department. Such permit is not transferable from one
145 place or person to another. Each permit must be renewed
146 annually.
147 (2) Before the commencement of construction of a new park
148 or camp or before any change to an existing park or camp which
149 requires construction of new sanitary facilities or additional
150 permitted sites, a person who operates or maintains such park or
151 camp must contact the department to receive a review and
152 approval. The items required to be submitted and the process for
153 issuing a review and approval shall be set by department rule.
154 (3)(a) An operating permit is not transferable from one
155 place or person to another. Each permit must be renewed
156 annually.
157 (b)(2) The department may refuse to issue an operating a
158 permit to, or refuse to renew the operating permit of, any park
159 or camp that is not constructed or maintained in accordance with
160 law and with the rules of the department.
161 (c)(3) The department may suspend or revoke an operating a
162 permit issued to any person that operates or maintains such a
163 park or camp if such person fails to comply with this chapter or
164 the rules adopted by the department under this chapter.
165 (d)(4) An operating A permit for the operation of a park or
166 camp may not be renewed or transferred if the permittee has an
167 outstanding fine assessed pursuant to this chapter which is in
168 final-order status and judicial reviews are exhausted, unless
169 the transferee agrees to assume the outstanding fine.
170 (e)(5) When a park or camp regulated under this chapter is
171 sold or its ownership transferred, the purchaser transferee must
172 apply to the department for an operating a permit within 30 days
173 after to the department before the date of sale transfer. The
174 applicant must provide the department with a copy of the
175 recorded deed or lease agreement before the department may issue
176 an operating a permit to the applicant.
177 Section 5. Section 513.03, Florida Statutes, is amended to
178 read:
179 513.03 Application for and issuance of permit.—
180 (1) An application for an operating a permit must be made
181 in writing to the department, on a form prescribed by the
182 department. The application must state the location of the
183 existing or proposed park or camp;, the type of park or camp;,
184 the number of mobile homes or recreational vehicles to be
185 accommodated; or the number of recreational campsites,
186 buildings, and sites set aside for group camping, including
187 barracks, cabins, cottages, and tent spaces; the type of water
188 supply;, the method of sewage disposal;, and any other
189 information the department requires.
190 (2) If the department is satisfied, after reviewing the
191 application of the proposed or existing park or camp and causing
192 an inspection to be made, that the park or camp complies with
193 this chapter and is so located, constructed, and equipped as not
194 to be a source of danger to the health of the general public,
195 the department shall issue the necessary approval or operating
196 permit, in writing, on a form prescribed by the department.
197 Section 6. Subsection (1) of section 513.045, Florida
198 Statutes, is amended to read:
199 513.045 Permit fees.—
200 (1)(a) Each person seeking a permit to establish, operate,
201 or maintain a mobile home park, lodging park, recreational
202 vehicle park, or recreational camp must pay to the department a
203 fee, the amount of which shall be set by rule of the department.
204 (b) Fees established pursuant to this subsection must be
205 based on the actual costs incurred by the department in carrying
206 out its responsibilities under this chapter.
207 1. The fee for an annual operating a permit may not be set
208 at a rate that is more than $6.50 per space or less than $3.50
209 per space. Until rules setting these fees are adopted by the
210 department, the permit fee per space is $3.50. The annual
211 operating permit fee for a nonexempt recreational camp shall be
212 based on an equivalency rate for which two camp occupants equal
213 one space. The total fee assessed to an applicant for an annual
214 operating permit may not be more than $600 or less than $50,
215 except that a fee may be prorated on a quarterly basis.
216 2. Each person seeking department review of plans for a
217 proposed park or camp may submit such plans to the department
218 for an assessment of whether such plans meet the requirements of
219 this chapter and the rules adopted under this chapter.
220 3. Each person constructing a new park or camp or
221 renovating or adding spaces to an existing park or camp must,
222 before the construction, renovation, or addition, submit plans
223 to the department for department review and approval.
224 (c) A recreational camp operated by a civic, fraternal,
225 educational, or religious organization that does not rent to the
226 public is exempt from the fee requirements of this subsection.
227 Section 7. Section 513.05, Florida Statutes, is amended to
228 read:
229 513.05 Rules.—The department may adopt rules pertaining to
230 the location, construction, modification, equipment, and
231 operation of mobile home parks, lodging parks, recreational
232 vehicle parks, and recreational camps, except as provided in s.
233 633.022, as necessary to administer this chapter. Such rules may
234 include definitions of terms; requirements for plan reviews of
235 proposed and existing parks and camps; plan reviews of parks
236 that consolidate or expand space or capacity or change space
237 size; water supply; sewage collection and disposal; plumbing and
238 backflow prevention; garbage and refuse storage, collection, and
239 disposal; insect and rodent control; space requirements; heating
240 facilities; food service; lighting; sanitary facilities;
241 bedding; an occupancy equivalency to spaces for permits for
242 recreational camps; sanitary facilities in recreational vehicle
243 parks; and the owners’ responsibilities at recreational vehicle
244 parks and recreational camps.
245 Section 8. Section 513.054, Florida Statutes, is amended to
246 read:
247 513.054 Penalties for specified offenses by operator.—
248 (1) Any operator of a mobile home park, lodging park, or
249 recreational vehicle park, or a recreational camp who obstructs
250 or hinders any agent of the department in the proper discharge
251 of the agent’s duties; who fails, neglects, or refuses to obtain
252 an operating a permit for the park or camp or refuses to pay the
253 operating permit fee required by law; or who fails or refuses to
254 perform any duty imposed upon the operator by law or rule
255 commits is guilty of a misdemeanor of the second degree,
256 punishable as provided in s. 775.082 or s. 775.083.
257 (2) On each day that such park or camp is operated in
258 violation of law or rule, there is a separate offense.
259 Section 9. Section 513.055, Florida Statutes, is amended to
260 read:
261 513.055 Revocation or suspension of operating permit;
262 fines; procedure.—
263 (1)(a) The department may suspend or revoke an operating a
264 permit issued to any person for a mobile home park, lodging
265 park, recreational vehicle park, or recreational camp upon the
266 failure of that person to comply with this chapter or the rules
267 adopted under this chapter.
268 (b) An operating A permit may not be suspended under this
269 section for a period of more than 12 months. At the end of the
270 period of suspension, the permittee may apply for reinstatement
271 or renewal of the operating permit. A person whose operating
272 permit is revoked may not apply for another operating permit for
273 that location before prior to the date on which the revoked
274 operating permit would otherwise have expired.
275 (2)(a) In lieu of such suspension or revocation of an
276 operating a permit, the department may impose a fine against a
277 permittee for the permittee’s failure to comply with the
278 provisions described in paragraph (1)(a) or may place such
279 licensee on probation. No fine so imposed shall exceed $500 for
280 each offense, and all amounts collected in fines shall be
281 deposited with the Chief Financial Officer to the credit of the
282 County Health Department Trust Fund.
283 (b) In determining the amount of fine to be imposed, if
284 any, for a violation, the department shall consider the
285 following factors:
286 1. The gravity of the violation and the extent to which the
287 provisions of the applicable statutes or rules have been
288 violated.
289 2. Any action taken by the operator to correct the
290 violation.
291 3. Any previous violation.
292 Section 10. Subsection (1) of section 513.10, Florida
293 Statutes, is amended to read:
294 513.10 Operating without permit; enforcement of chapter;
295 penalties.—
296 (1) Any person who maintains or operates a mobile home
297 park, lodging park, recreational vehicle park, or recreational
298 camp without first obtaining an operating a permit as required
299 by s. 513.02, or who maintains or operates such a park or camp
300 after revocation of the operating permit, commits is guilty of a
301 misdemeanor of the second degree, punishable as provided in s.
302 775.082 or s. 775.083.
303 Section 11. Section 513.111, Florida Statutes, is repealed.
304 Section 12. Section 513.1115, Florida Statutes, is created
305 to read:
306 513.1115 Placement of recreational vehicles on lots in
307 permitted parks.—
308 (1) Separation distances between recreational vehicles
309 shall be the distances established at the time of the initial
310 approval of the recreational vehicle park by the department and
311 the local government.
312 (2) Setback distances from the exterior property boundary
313 of the recreational vehicle park shall be the setback distances
314 established at the time of the initial approval by the
315 department and the local government.
316 (3) This section does not limit the regulation of the
317 uniform firesafety standards established under s. 633.022.
318 Section 13. Subsection (1) of section 513.112, Florida
319 Statutes, is amended to read:
320 513.112 Maintenance of guest register and copy of laws.—
321 (1) It is the duty of each operator of a recreational
322 vehicle park that rents to transient guests to maintain at all
323 times a register, signed by or for guests who occupy rental
324 sites within the park. The register must show the dates upon
325 which the rental sites were occupied by such guests and the
326 rates charged for the guests’ occupancy. This register shall be
327 maintained in chronological order and shall be available for
328 inspection by the department at any time. An operator is not
329 required to retain a register that is more than 2 years old.
330 Section 14. Section 513.115, Florida Statutes, is amended
331 to read:
332 513.115 Unclaimed property.—Any property having an
333 identifiable owner which is left in a recreational vehicle park
334 by a guest, including, but not limited to, other than property
335 belonging to a guest who has vacated the premises without notice
336 to the operator and with an outstanding account, which property
337 remains unclaimed after having been held by the park for 90 days
338 after written notice was provided to the guest or the owner of
339 the property, may be disposed of by becomes the property of the
340 park. Any titled property, including a boat, a recreational
341 vehicle, or other vehicle, shall be disposed of in accordance
342 with the requirements of chapter 715.
343 Section 15. Subsections (2) and (4) of section 513.13,
344 Florida Statutes, are amended to read:
345 513.13 Recreational vehicle parks; eviction; grounds;
346 proceedings.—
347 (2) The operator of any recreational vehicle park shall
348 notify such guest that the park no longer desires to entertain
349 the guest and shall request that such guest immediately depart
350 from the park. Such notice shall be given in writing. If such
351 guest has paid in advance, the park shall, at the time such
352 notice is given, tender to the guest the unused portion of the
353 advance payment. Any guest who remains or attempts to remain in
354 such park after being requested to leave commits is guilty of a
355 misdemeanor of the second degree, punishable as provided in s.
356 775.082 or s. 775.083. If the notice is given in the presence of
357 a law enforcement officer by posting or personal delivery and
358 the person fails to depart from the park immediately, the person
359 commits a misdemeanor of the second degree, punishable as
360 provided in s. 775.082 or s. 775.083.
361 (4) If any person is illegally on the premises of any
362 recreational vehicle park, the operator of such park may call
363 upon any law enforcement officer of this state for assistance.
364 It is the duty of such law enforcement officer, upon the request
365 of such operator, to place under arrest and take into custody
366 for violation of this section any guest who violates subsection
367 (1) or subsection (2) in the presence of the officer. If a
368 warrant has been issued by the proper judicial officer for the
369 arrest of any violator of subsection (1) or subsection (2), the
370 officer shall serve the warrant, arrest the person, and take the
371 person into custody. Upon arrest, with or without warrant, the
372 guest is deemed to have given up any right to occupancy or to
373 have abandoned the guest’s right to occupancy of the premises of
374 the recreational vehicle park; and the operator of the park
375 shall employ all reasonable and proper means to care for any
376 personal property left on the premises by such guest and shall
377 refund any unused portion of moneys paid by such guest for the
378 occupancy of such premises. The operator is not liable for
379 damages to personal property left on the premises by a guest who
380 violates subsection (1) or subsection (2) and is arrested by a
381 law enforcement officer.
382 Section 16. This act shall take effect July 1, 2011.