HB 847

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;
6providing for the adoption of rules; amending s. 513.014,
7F.S.; revising applicability of recreational vehicle park
8requirements to mobile home parks; amending s. 513.02,
9F.S.; revising permit requirements; providing requirements
10for construction review and approval for private parks and
11camps; requiring the department to adopt rules; amending
12s. 513.03, F.S.; revising requirements for permit
13applications; amending s. 513.045, F.S.; revising fees
14charged to operators of certain parks or camps;
15authorizing persons to request from the department a
16review of plans for a proposed park or camp; requiring
17certain construction and renovation plans to be submitted
18to the department for review and approval; amending s.
19513.05, F.S.; providing the department with additional
20rulemaking authority; amending s. 513.054, F.S.; providing
21that an operator of a mobile home park, lodging park,
22recreational vehicle park, or recreational camp who
23refuses to pay the operating permit fee required by law or
24who fails, neglects, or refuses to obtain an operating
25permit for the park commits a misdemeanor of the second
26degree; amending s. 513.055, F.S.; conforming terminology;
27amending s. 513.10, F.S.; providing that a person who
28operates a mobile home park, lodging park, recreational
29vehicle park, or recreational camp without a permit
30commits a misdemeanor of the second degree; repealing s.
31513.111, F.S., relating to the posting and advertising of
32certain site rates; creating s. 513.1115, F.S.; providing
33requirements for the establishment of separation and
34setback distances; amending s. 513.112, F.S.; deleting a
35provision requiring guest registers to be made available
36for inspection by the department at any time; amending s.
37513.115, F.S.; revising requirements for the handling of
38unclaimed property; amending s. 513.13, F.S.; providing a
39penalty for failure to depart from a park under certain
40circumstances; barring an operator from certain liability;
41providing an effective date.
43Be It Enacted by the Legislature of the State of Florida:
45     Section 1.  Subsection (3) of section 513.01, Florida
46Statutes, is amended, present subsections (5) through (11) of
47that section are renumbered as subsections (6) through (12),
48respectively, and a new subsection (5) is added to that section,
49to read:
50     513.01  Definitions.-As used in this chapter, the term:
51     (3)  "Mobile home" means a residential structure that is
52transportable in one or more sections, which structure is 8 body
53feet (2.4 meters) or more in width, over 35 feet in length with
54the hitch, built on an integral chassis, and designed to be used
55as a dwelling when connected to the required utilities, and not
56originally sold as a recreational vehicle, and includes the
57plumbing, heating, air-conditioning, and electrical systems
58contained in the structure.
59     (5)  "Occupancy" means the length of time that a
60recreational vehicle is occupied by a transient guest and not
61the length of time that such vehicle is located on the leased
62recreational vehicle site. A recreational vehicle may be stored
63and tied down on site when not in use to accommodate the needs
64of the guest. The attachment of a recreational vehicle to the
65ground by way of tie-downs or other removable fasteners, and the
66attachment of carports, porches, screen rooms, and similar
67appurtenances by way of removable attaching devices, do not
68render the recreational vehicle a permanent part of the
69recreational vehicle site.
70     Section 2.  Section 513.012, Florida Statutes, is amended
71to read:
72     513.012  Public health laws; enforcement.-
73     (1)  It is the intent of the Legislature that mobile home
74parks, lodging parks, recreational vehicle parks, and
75recreational camps be regulated under this chapter. As such, the
76department shall administer and enforce, with respect to such
77parks and camps, uniform laws and rules relating to sanitation,
78control of communicable diseases, illnesses and hazards to
79health among humans and from animals to humans, and the general
80health of the people of the state.
81     (2)  The department shall establish uniform standards for
82the issuing of permits for, and the operation of, mobile home
83parks, lodging parks, recreational vehicle parks, and
84recreational camps, which include:
85     (a)  The design, location, and site sizes for sites in
86parks and camps;
87     (b)  Sanitary standards for the issuing of permits for, and
88the operation of, parks and camps;
89     (c)  Occupancy standards for transient rentals in
90recreational vehicle parks and camps;
91     (d)  The issuing of permits for parks and camps as required
92by this chapter;
93     (e)  The inspection of parks and camps to enforce
94compliance with this chapter;
95     (f)  Permit requirements; and
96     (g)  The maintenance of guest registers.
97     (3)  This chapter establishes uniform standards for
98recreational vehicle parks and camps which apply to:
99     (a)  The liability for property of guests left on sites;
100     (b)  Separation and setback distances established at the
101time of initial approval;
102     (c)  Unclaimed property;
103     (d)  Conduct of transient guests;
104     (e)  Theft of personal property;
105     (f)  Evictions of transient guests; and
106     (g)  Writs of distress.
107     (4)  Local governmental actions, ordinances, and
108resolutions must be consistent with the uniform standards
109established pursuant to this chapter and as implemented by rules
110of the department. This chapter does not limit the authority of
111a local government to adopt and enforce land use, building,
112firesafety, and other regulations.
113     (5)  However, nothing in this chapter qualifies a mobile
114home park, a lodging park, a recreational vehicle park, or a
115recreational camp for a liquor license issued under s.
116561.20(2)(a)1. Mobile home parks, lodging parks, recreational
117vehicle parks, and recreational camps regulated under this
118chapter are exempt from regulation under the provisions of
119chapter 509.
120     Section 3.  Section 513.014, Florida Statutes, is amended
121to read:
122     513.014  Applicability of recreational vehicle park
123provisions to mobile home parks.-A mobile home park that has
124five or more sites set aside for recreational vehicles shall,
125for those sites set aside for recreational vehicles, comply with
126the recreational vehicle park requirements included in this
127chapter. This section does not require a mobile home park with
128spaces set aside for recreational vehicles to obtain two
129licenses. However, a mobile home park that rents spaces to
130recreational vehicles on the basis of long-term leases is
131required to comply with the laws and rules relating to mobile
132home parks including but not limited to chapter 723, if
134     Section 4.  Section 513.02, Florida Statutes, is amended to
136     513.02  Permits Permit.-
137     (1)  A person may not establish or maintain a mobile home
138park, lodging park, recreational vehicle park, or recreational
139camp in this state without first obtaining an operating a permit
140from the department. Such permit is not transferable from one
141place or person to another. Each permit must be renewed
143     (2)  Before the commencement of construction of a new park
144or camp or before any change to an existing park or camp which
145requires construction of new sanitary facilities or additional
146permitted sites, a person who operates or maintains such park or
147camp must contact the department to receive a review and
148approval. The items required to be submitted and the process for
149issuing a review and approval shall be set by department rule.
150     (3)(a)  An operating permit is not transferable from one
151place or person to another. Each permit must be renewed
153     (b)(2)  The department may refuse to issue an operating a
154permit to, or refuse to renew the operating permit of, any park
155or camp that is not constructed or maintained in accordance with
156law and with the rules of the department.
157     (c)(3)  The department may suspend or revoke an operating a
158permit issued to any person that operates or maintains such a
159park or camp if such person fails to comply with this chapter or
160the rules adopted by the department under this chapter.
161     (d)(4)  An operating A permit for the operation of a park
162or camp may not be renewed or transferred if the permittee has
163an outstanding fine assessed pursuant to this chapter which is
164in final-order status and judicial reviews are exhausted, unless
165the transferee agrees to assume the outstanding fine.
166     (e)(5)  When a park or camp regulated under this chapter is
167sold or its ownership transferred, the purchaser transferee must
168apply to the department for an operating a permit within 30 days
169after to the department before the date of sale transfer. The
170applicant must provide the department with a copy of the
171recorded deed or lease agreement before the department may issue
172an operating a permit to the applicant.
173     Section 5.  Section 513.03, Florida Statutes, is amended to
175     513.03  Application for and issuance of permit.-
176     (1)  An application for an operating a permit must be made
177in writing to the department, on a form prescribed by the
178department. The application must state the location of the
179existing or proposed park or camp;, the type of park or camp;,
180the number of mobile homes or recreational vehicles to be
181accommodated; or the number of recreational campsites,
182buildings, and sites set aside for group camping, including
183barracks, cabins, cottages, and tent spaces; the type of water
184supply;, the method of sewage disposal;, and any other
185information the department requires.
186     (2)  If the department is satisfied, after reviewing the
187application of the proposed or existing park or camp and causing
188an inspection to be made, that the park or camp complies with
189this chapter and is so located, constructed, and equipped as not
190to be a source of danger to the health of the general public,
191the department shall issue the necessary approval or operating
192permit, in writing, on a form prescribed by the department.
193     Section 6.  Subsection (1) of section 513.045, Florida
194Statutes, is amended to read:
195     513.045  Permit fees.-
196     (1)(a)  Each person seeking a permit to establish, operate,
197or maintain a mobile home park, lodging park, recreational
198vehicle park, or recreational camp must pay to the department a
199fee, the amount of which shall be set by rule of the department.
200     (b)  Fees established pursuant to this subsection must be
201based on the actual costs incurred by the department in carrying
202out its responsibilities under this chapter.
203     1.  The fee for an annual operating a permit may not be set
204at a rate that is more than $6.50 per space or less than $3.50
205per space. Until rules setting these fees are adopted by the
206department, the permit fee per space is $3.50. The annual
207operating permit fee for a nonexempt recreational camp shall be
208based on an equivalency rate for which two camp occupants equal
209one space. The total fee assessed to an applicant for an annual
210operating permit may not be more than $600 or less than $50,
211except that a fee may be prorated on a quarterly basis.
212     2.  Each person seeking department review of plans for a
213proposed park or camp may submit such plans to the department
214for an assessment of whether such plans meet the requirements of
215this chapter and the rules adopted under this chapter.
216     3.  Each person constructing a new park or camp or
217renovating or adding spaces to an existing park or camp must,
218before the construction, renovation, or addition, submit plans
219to the department for department review and approval.
220     (c)  A recreational camp operated by a civic, fraternal,
221educational, or religious organization that does not rent to the
222public is exempt from the fee requirements of this subsection.
223     Section 7.  Section 513.05, Florida Statutes, is amended to
225     513.05  Rules.-The department may adopt rules pertaining to
226the location, construction, modification, equipment, and
227operation of mobile home parks, lodging parks, recreational
228vehicle parks, and recreational camps, except as provided in s.
229633.022, as necessary to administer this chapter. Such rules may
230include definitions of terms; requirements for plan reviews of
231proposed and existing parks and camps; plan reviews of parks
232that consolidate or expand space or capacity or change space
233size; water supply; sewage collection and disposal; plumbing and
234backflow prevention; garbage and refuse storage, collection, and
235disposal; insect and rodent control; space requirements; heating
236facilities; food service; lighting; sanitary facilities;
237bedding; an occupancy equivalency to spaces for permits for
238recreational camps; sanitary facilities in recreational vehicle
239parks; and the owners' responsibilities at recreational vehicle
240parks and recreational camps.
241     Section 8.  Section 513.054, Florida Statutes, is amended
242to read:
243     513.054  Penalties for specified offenses by operator.-
244     (1)  Any operator of a mobile home park, lodging park, or
245recreational vehicle park, or a recreational camp who obstructs
246or hinders any agent of the department in the proper discharge
247of the agent's duties; who fails, neglects, or refuses to obtain
248an operating a permit for the park or camp or refuses to pay the
249operating permit fee required by law; or who fails or refuses to
250perform any duty imposed upon the operator by law or rule
251commits is guilty of a misdemeanor of the second degree,
252punishable as provided in s. 775.082 or s. 775.083.
253     (2)  On each day that such park or camp is operated in
254violation of law or rule, there is a separate offense.
255     Section 9.  Section 513.055, Florida Statutes, is amended
256to read:
257     513.055  Revocation or suspension of operating permit;
258fines; procedure.-
259     (1)(a)  The department may suspend or revoke an operating a
260permit issued to any person for a mobile home park, lodging
261park, recreational vehicle park, or recreational camp upon the
262failure of that person to comply with this chapter or the rules
263adopted under this chapter.
264     (b)  An operating A permit may not be suspended under this
265section for a period of more than 12 months. At the end of the
266period of suspension, the permittee may apply for reinstatement
267or renewal of the operating permit. A person whose operating
268permit is revoked may not apply for another operating permit for
269that location before prior to the date on which the revoked
270operating permit would otherwise have expired.
271     (2)(a)  In lieu of such suspension or revocation of an
272operating a permit, the department may impose a fine against a
273permittee for the permittee's failure to comply with the
274provisions described in paragraph (1)(a) or may place such
275licensee on probation. No fine so imposed shall exceed $500 for
276each offense, and all amounts collected in fines shall be
277deposited with the Chief Financial Officer to the credit of the
278County Health Department Trust Fund.
279     (b)  In determining the amount of fine to be imposed, if
280any, for a violation, the department shall consider the
281following factors:
282     1.  The gravity of the violation and the extent to which
283the provisions of the applicable statutes or rules have been
285     2.  Any action taken by the operator to correct the
287     3.  Any previous violation.
288     Section 10.  Subsection (1) of section 513.10, Florida
289Statutes, is amended to read:
290     513.10  Operating without permit; enforcement of chapter;
292     (1)  Any person who maintains or operates a mobile home
293park, lodging park, recreational vehicle park, or recreational
294camp without first obtaining an operating a permit as required
295by s. 513.02, or who maintains or operates such a park or camp
296after revocation of the operating permit, commits is guilty of a
297misdemeanor of the second degree, punishable as provided in s.
298775.082 or s. 775.083.
299     Section 11.  Section 513.111, Florida Statutes, is
301     Section 12.  Section 513.1115, Florida Statutes, is created
302to read:
303     513.1115  Placement of recreational vehicles on lots in
304permitted parks.-
305     (1)  Separation distances between recreational vehicles
306shall be the distances established at the time of the initial
307approval of the recreational vehicle park by the department and
308the local government.
309     (2)  Setback distances from the exterior property boundary
310of the recreational vehicle park shall be the setback distances
311established at the time of the initial approval by the
312department and the local government.
313     (3)  This section does not limit the regulation of the
314uniform firesafety standards established under s. 633.022.
315     Section 13.  Subsection (1) of section 513.112, Florida
316Statutes, is amended to read:
317     513.112  Maintenance of guest register and copy of laws.-
318     (1)  It is the duty of each operator of a recreational
319vehicle park that rents to transient guests to maintain at all
320times a register, signed by or for guests who occupy rental
321sites within the park. The register must show the dates upon
322which the rental sites were occupied by such guests and the
323rates charged for the guests' occupancy. This register shall be
324maintained in chronological order and shall be available for
325inspection by the department at any time. An operator is not
326required to retain a register that is more than 2 years old.
327     Section 14.  Section 513.115, Florida Statutes, is amended
328to read:
329     513.115  Unclaimed property.-Any property having an
330identifiable owner which is left in a recreational vehicle park
331by a guest, including, but not limited to, other than property
332belonging to a guest who has vacated the premises without notice
333to the operator and with an outstanding account, which property
334remains unclaimed after having been held by the park for 90 days
335after written notice was provided to the guest or the owner of
336the property, may be disposed of by becomes the property of the
337park. Any titled property, including a boat, a recreational
338vehicle, or other vehicle, shall be disposed of in accordance
339with the requirements of chapter 715.
340     Section 15.  Subsections (2) and (4) of section 513.13,
341Florida Statutes, are amended to read:
342     513.13  Recreational vehicle parks; eviction; grounds;
344     (2)  The operator of any recreational vehicle park shall
345notify such guest that the park no longer desires to entertain
346the guest and shall request that such guest immediately depart
347from the park. Such notice shall be given in writing. If such
348guest has paid in advance, the park shall, at the time such
349notice is given, tender to the guest the unused portion of the
350advance payment. Any guest who remains or attempts to remain in
351such park after being requested to leave commits is guilty of a
352misdemeanor of the second degree, punishable as provided in s.
353775.082 or s. 775.083. If the notice is given in the presence of
354a law enforcement officer by posting or personal delivery and
355the person fails to depart from the park immediately, the person
356commits a misdemeanor of the second degree, punishable as
357provided in s. 775.082 or s. 775.083.
358     (4)  If any person is illegally on the premises of any
359recreational vehicle park, the operator of such park may call
360upon any law enforcement officer of this state for assistance.
361It is the duty of such law enforcement officer, upon the request
362of such operator, to place under arrest and take into custody
363for violation of this section any guest who violates subsection
364(1) or subsection (2) in the presence of the officer. If a
365warrant has been issued by the proper judicial officer for the
366arrest of any violator of subsection (1) or subsection (2), the
367officer shall serve the warrant, arrest the person, and take the
368person into custody. Upon arrest, with or without warrant, the
369guest is deemed to have given up any right to occupancy or to
370have abandoned the guest's right to occupancy of the premises of
371the recreational vehicle park; and the operator of the park
372shall employ all reasonable and proper means to care for any
373personal property left on the premises by such guest and shall
374refund any unused portion of moneys paid by such guest for the
375occupancy of such premises. The operator is not liable for
376damages to personal property left on the premises by a guest who
377violates subsection (1) or subsection (2) and is arrested by a
378law enforcement officer.
379     Section 16.  This act shall take effect July 1, 2011.

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