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.
   47  Be It Enacted by the Legislature of the State of Florida:
   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.