Florida Senate - 2011                              CS for SB 292
       By the Committee on Community Affairs; and Senator Dean
       578-04246-11                                           2011292c1
    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.; providing for an annual operating
   16         permit fee to be charged to operators of certain parks
   17         or camps; amending s. 513.05, F.S.; providing the
   18         department with additional rulemaking authority;
   19         amending s. 513.054, F.S.; providing that an operator
   20         of a mobile home park, lodging park, recreational
   21         vehicle park, or recreational camp who refuses to pay
   22         the operating permit fee required by law or who fails,
   23         neglects, or refuses to obtain an operating permit for
   24         the park commits a misdemeanor of the second degree;
   25         amending s. 513.055, F.S.; conforming terminology;
   26         amending s. 513.10, F.S.; providing that a person who
   27         operates a mobile home park, lodging park,
   28         recreational vehicle park, or recreational camp
   29         without an operating permit commits a misdemeanor of
   30         the second degree; repealing s. 513.111, F.S.,
   31         relating to the posting and advertising of certain
   32         site rates; creating s. 513.1115, F.S.; providing
   33         requirements for the establishment of separation and
   34         setback distances; amending s. 513.112, F.S.; deleting
   35         a provision requiring guest registers to be made
   36         available for inspection by the department at any
   37         time; amending s. 513.115, F.S.; revising requirements
   38         for the handling of unclaimed property; amending s.
   39         513.13, F.S.; providing a penalty for failure to
   40         depart from a park under certain circumstances;
   41         barring an operator from certain liability; providing
   42         an effective date.
   44  Be It Enacted by the Legislature of the State of Florida:
   46         Section 1. Subsection (3) of section 513.01, Florida
   47  Statutes, is amended, present subsections (5) through (11) of
   48  that section are renumbered as subsections (6) through (12),
   49  respectively, and a new subsection (5) is added to that section,
   50  to read:
   51         513.01 Definitions.—As used in this chapter, the term:
   52         (3) “Mobile home” means a residential structure that is
   53  transportable in one or more sections, which structure is 8 body
   54  feet (2.4 meters) or more in width, over 35 feet in length with
   55  the hitch, built on an integral chassis, and designed to be used
   56  as a dwelling when connected to the required utilities, and not
   57  originally sold as a recreational vehicle, and includes the
   58  plumbing, heating, air-conditioning, and electrical systems
   59  contained in the structure.
   60         (5) “Occupancy” means the length of time that a
   61  recreational vehicle is occupied by a transient guest and not
   62  the length of time that such vehicle is located on the leased
   63  recreational vehicle site. A recreational vehicle may be stored
   64  and tied down on site when not in use to accommodate the needs
   65  of the guest. The attachment of a recreational vehicle to the
   66  ground by way of tie-downs or other removable fasteners, and the
   67  attachment of carports, porches, screen rooms, and similar
   68  appurtenances by way of removable attaching devices, do not
   69  render the recreational vehicle a permanent part of the
   70  recreational vehicle site.
   71         Section 2. Section 513.012, Florida Statutes, is amended to
   72  read:
   73         513.012 Public health laws; enforcement.—
   74         (1) It is the intent of the Legislature that mobile home
   75  parks, lodging parks, recreational vehicle parks, and
   76  recreational camps be regulated under this chapter. As such, the
   77  department shall administer and enforce, with respect to such
   78  parks and camps, uniform laws and rules relating to sanitation,
   79  control of communicable diseases, illnesses and hazards to
   80  health among humans and from animals to humans, and the general
   81  health of the people of the state.
   82         (2) This chapter establishes uniform standards to be
   83  administered and enforced by the department for the issuing of
   84  permits for, and the operation of, mobile home parks, lodging
   85  parks, recreational vehicle parks, and recreational camps, which
   86  include:
   87         (a) The design, location, and site sizes for sites in parks
   88  and camps;
   89         (b) Sanitary standards for the issuing of permits for, and
   90  the operation of, parks and camps;
   91         (c) The issuing of permits for parks and camps as required
   92  by this chapter;
   93         (d) The inspection of parks and camps to enforce compliance
   94  with this chapter; and
   95         (e) Permit requirements.
   96         (3)This chapter establishes uniform standards for
   97  recreational vehicle parks and camps which apply to:
   98         (a) The liability for property of guests left on sites;
   99         (b) Separation and setback distances established at the
  100  time of initial approval;
  101         (c)Unclaimed property;
  102         (d)Conduct of transient guests;
  103         (e)Theft of personal property;
  104         (f) Evictions of transient guests;
  105         (g) Writs of distress;
  106         (h) The maintenance of guest registers;
  107         (i) Occupancy standards for transient rentals; and
  108         (j) Placement of recreational vehicles by size and type.
  109         (4)Local governmental actions, ordinances, and resolutions
  110  must be consistent with the uniform standards established
  111  pursuant to this chapter and as implemented by rules of the
  112  department. This chapter does not limit the authority of a local
  113  government to adopt and enforce land use, building, firesafety,
  114  and other regulations.
  115         (5) However, nothing in this chapter qualifies a mobile
  116  home park, a lodging park, a recreational vehicle park, or a
  117  recreational camp for a liquor license issued under s.
  118  561.20(2)(a)1. Mobile home parks, lodging parks, recreational
  119  vehicle parks, and recreational camps regulated under this
  120  chapter are exempt from regulation under the provisions of
  121  chapter 509.
  122         Section 3. Section 513.014, Florida Statutes, is amended to
  123  read:
  124         513.014 Applicability of recreational vehicle park
  125  provisions to mobile home parks.—A mobile home park that has
  126  five or more sites set aside for recreational vehicles shall,
  127  for those sites set aside for recreational vehicles, comply with
  128  the recreational vehicle park requirements included in this
  129  chapter. This section does not require a mobile home park with
  130  spaces set aside for recreational vehicles to obtain two
  131  licenses. However, a mobile home park that rents spaces to
  132  recreational vehicles on the basis of long-term leases is
  133  required to comply with the laws and rules relating to mobile
  134  home parks including but not limited to chapter 723, if
  135  applicable.
  136         Section 4. Section 513.02, Florida Statutes, is amended to
  137  read:
  138         513.02 Permits Permit.—
  139         (1) A person may not establish or maintain a mobile home
  140  park, lodging park, recreational vehicle park, or recreational
  141  camp in this state without first obtaining an operating a permit
  142  from the department. Such permit is not transferable from one
  143  place or person to another. Each permit must be renewed
  144  annually.
  145         (2) Before the commencement of construction of a new park
  146  or camp or before any change to an existing park or camp which
  147  requires construction of new sanitary facilities or additional
  148  permitted sites, a person who operates or maintains such park or
  149  camp must contact the department to receive a review and
  150  approval. The items required to be submitted and the process for
  151  issuing a review and approval shall be set by department rule.
  152         (3)(a) An operating permit is not transferable from one
  153  place or person to another. Each permit must be renewed
  154  annually.
  155         (b)(2) The department may refuse to issue an operating a
  156  permit to, or refuse to renew the operating permit of, any park
  157  or camp that is not constructed or maintained in accordance with
  158  law and with the rules of the department.
  159         (c)(3) The department may suspend or revoke an operating a
  160  permit issued to any person that operates or maintains such a
  161  park or camp if such person fails to comply with this chapter or
  162  the rules adopted by the department under this chapter.
  163         (d)(4)An operating A permit for the operation of a park or
  164  camp may not be renewed or transferred if the permittee has an
  165  outstanding fine assessed pursuant to this chapter which is in
  166  final-order status and judicial reviews are exhausted, unless
  167  the transferee agrees to assume the outstanding fine.
  168         (e)(5) When a park or camp regulated under this chapter is
  169  sold or its ownership transferred, the purchaser who continues
  170  operation of the park or camp transferee must apply to the
  171  department for an operating a permit within 30 days after to the
  172  department before the date of sale transfer. The applicant must
  173  provide the department with a copy of the recorded deed or lease
  174  agreement before the department may issue an operating a permit
  175  to the applicant.
  176         (4) Each person seeking department review of plans for a
  177  proposed park or camp may submit the plans to the department for
  178  an assessment of whether the plans meet the requirements of this
  179  chapter and the rules.
  180         (5) Each person constructing a new park or camp or adding
  181  spaces to an existing park or camp must, before the
  182  construction, renovation, or addition, submit plans to the
  183  department for department review and approval.
  184         Section 5. Section 513.03, Florida Statutes, is amended to
  185  read:
  186         513.03 Application for and issuance of permit.—
  187         (1) An application for an operating a permit must be made
  188  in writing to the department, on a form prescribed by the
  189  department. The application must state the location of the
  190  existing or proposed park or camp;, the type of park or camp;,
  191  the number of mobile homes or recreational vehicles to be
  192  accommodated; or the number of recreational campsites,
  193  buildings, and sites set aside for group camping, including
  194  barracks, cabins, cottages, and tent spaces; the type of water
  195  supply;, the method of sewage disposal;, and any other
  196  information the department requires.
  197         (2) If the department is satisfied, after reviewing the
  198  application of the proposed or existing park or camp and causing
  199  an inspection to be made, that the park or camp complies with
  200  this chapter and is so located, constructed, and equipped as not
  201  to be a source of danger to the health of the general public,
  202  the department shall issue the necessary approval or operating
  203  permit, in writing, on a form prescribed by the department.
  204         Section 6. Subsection (1) of section 513.045, Florida
  205  Statutes, is amended to read:
  206         513.045 Permit fees.—
  207         (1)(a) Each person seeking a permit to establish, operate,
  208  or maintain a mobile home park, lodging park, recreational
  209  vehicle park, or recreational camp must pay to the department a
  210  fee, the amount of which shall be set by rule of the department.
  211         (b) Fees established pursuant to this subsection must be
  212  based on the actual costs incurred by the department in carrying
  213  out its responsibilities under this chapter.
  214         (c) The fee for an annual operating a permit may not be set
  215  at a rate that is more than $6.50 per space or less than $3.50
  216  per space. Until rules setting these fees are adopted by the
  217  department, the permit fee per space is $3.50. The annual
  218  operating permit fee for a nonexempt recreational camp shall be
  219  based on an equivalency rate for which two camp occupants equal
  220  one space. The total fee assessed to an applicant for an annual
  221  operating permit may not be more than $600 or less than $50,
  222  except that a fee may be prorated on a quarterly basis.
  223         (d)(c) A recreational camp operated by a civic, fraternal,
  224  educational, or religious organization that does not rent to the
  225  public is exempt from the fee requirements of this subsection.
  226         Section 7. Section 513.05, Florida Statutes, is amended to
  227  read:
  228         513.05 Rules.—The department may adopt rules pertaining to
  229  the location, construction, modification, equipment, and
  230  operation of mobile home parks, lodging parks, recreational
  231  vehicle parks, and recreational camps, except as provided in s.
  232  633.022, as necessary to administer this chapter, pursuant to
  233  the provisions of this chapter and s. 381.006. 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.