CS/HB 847

1
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; requiring
12certain construction and renovation plans to be submitted
13to the department for review and approval; amending s.
14513.03, F.S.; revising requirements for permit
15applications; amending s. 513.045, F.S.; revising fees
16charged to operators of certain parks or camps;
17authorizing persons to request from the department a
18review of plans for a proposed park or camp; 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; providing penalties; amending s. 513.055, F.S.;
27conforming terminology; amending s. 513.10, F.S.;
28providing that a person who operates a mobile home park,
29lodging park, recreational vehicle park, or recreational
30camp without a permit commits a misdemeanor of the second
31degree; repealing s. 513.111, F.S., relating to the
32posting and advertising of certain site rates; creating s.
33513.1115, F.S.; providing requirements for the
34establishment of separation and setback distances;
35amending s. 513.112, F.S.; deleting a provision requiring
36guest registers to be made available for inspection by the
37department at any time; amending s. 513.115, F.S.;
38revising requirements for the handling of unclaimed
39property; amending s. 513.13, F.S.; providing a penalty
40for failure to depart from a park under certain
41circumstances; barring an operator from certain liability;
42providing an effective date.
43
44Be It Enacted by the Legislature of the State of Florida:
45
46     Section 1.  Subsection (3) of section 513.01, Florida
47Statutes, is amended, present subsections (5) through (11) of
48that section are renumbered as subsections (6) through (12),
49respectively, and a new subsection (5) is added to that section,
50to read:
51     513.01  Definitions.-As used in this chapter, the term:
52     (3)  "Mobile home" means a residential structure that is
53transportable in one or more sections, which structure is 8 body
54feet (2.4 meters) or more in width, over 35 feet in length with
55the hitch, built on an integral chassis, and designed to be used
56as a dwelling when connected to the required utilities, and not
57originally sold as a recreational vehicle, and includes the
58plumbing, heating, air-conditioning, and electrical systems
59contained in the structure.
60     (5)  "Occupancy" means the length of time that a
61recreational vehicle is occupied by a transient guest and not
62the length of time that such vehicle is located on the leased
63recreational vehicle site. A recreational vehicle may be stored
64and tied down on site when not in use to accommodate the needs
65of the guest. The attachment of a recreational vehicle to the
66ground by way of tie-downs or other removable fasteners, and the
67attachment of carports, porches, screen rooms, and similar
68appurtenances by way of removable attaching devices, do not
69render the recreational vehicle a permanent part of the
70recreational vehicle site.
71     Section 2.  Section 513.012, Florida Statutes, is amended
72to read:
73     513.012  Public health laws; enforcement.-
74     (1)  It is the intent of the Legislature that mobile home
75parks, lodging parks, recreational vehicle parks, and
76recreational camps be regulated under this chapter. As such, the
77department shall administer and enforce, with respect to such
78parks and camps, uniform laws and rules relating to sanitation,
79control of communicable diseases, illnesses and hazards to
80health among humans and from animals to humans, and the general
81health of the people of the state, pursuant to and consistent
82with the delegation of authority established in this section and
83s. 381.006.
84     (2)  This chapter establishes uniform standards to be
85administered and enforced by the department for the issuing of
86permits for, and the operation of, mobile home parks, lodging
87parks, recreational vehicle parks, and recreational camps, which
88include:
89     (a)  The design, location, and site sizes for sites in
90parks and camps;
91     (b)  Sanitary standards for the issuing of permits for, and
92the operation of, parks and camps;
93     (c)  The issuing of permits for parks and camps as required
94by this chapter;
95     (d)  The inspection of parks and camps to enforce
96compliance with this chapter; and
97     (e)  Permit requirements.
98     (3)  This chapter establishes uniform standards for
99recreational vehicle parks and camps which apply to:
100     (a)  Occupancy standards for transient rentals in
101recreational vehicle parks and camps;
102     (b)  The liability for property of guests left on sites;
103     (c)  Separation and setback distances established at the
104time of initial approval;
105     (d)  The maintenance of guest registers;
106     (e)  Unclaimed property;
107     (f)  Conduct of transient guests;
108     (g)  Theft of personal property;
109     (h)  Evictions of transient guests;
110     (i)  Writs of distress; and
111     (j)  The placement of recreational vehicles as described in
112s. 320.01(1)(b) according to their sizes and types.
113     (4)  Local governmental actions, ordinances, and
114resolutions must be consistent with the uniform standards
115established pursuant to this chapter and as implemented by rules
116of the department. This chapter does not limit the authority of
117a local government to adopt and enforce land use, building,
118firesafety, and other regulations.
119     (5)  However, nothing in this chapter qualifies a mobile
120home park, a lodging park, a recreational vehicle park, or a
121recreational camp for a liquor license issued under s.
122561.20(2)(a)1. Mobile home parks, lodging parks, recreational
123vehicle parks, and recreational camps regulated under this
124chapter are exempt from regulation under the provisions of
125chapter 509.
126     Section 3.  Section 513.014, Florida Statutes, is amended
127to read:
128     513.014  Applicability of recreational vehicle park
129provisions to mobile home parks.-A mobile home park that has
130five or more sites set aside for recreational vehicles shall,
131for those sites set aside for recreational vehicles, comply with
132the recreational vehicle park requirements included in this
133chapter. This section does not require a mobile home park with
134spaces set aside for recreational vehicles to obtain two
135licenses. However, a mobile home park that rents spaces to
136recreational vehicles on the basis of long-term leases is
137required to comply with the laws and rules relating to mobile
138home parks including but not limited to chapter 723, if
139applicable.
140     Section 4.  Section 513.02, Florida Statutes, is amended to
141read:
142     513.02  Permits Permit.-
143     (1)  A person may not establish or maintain a mobile home
144park, lodging park, recreational vehicle park, or recreational
145camp in this state without first obtaining an operating a permit
146from the department. Such permit is not transferable from one
147place or person to another. Each permit must be renewed
148annually.
149     (2)  Before the commencement of construction of a new park
150or camp or before any change to an existing park or camp which
151requires construction of new sanitary facilities or additional
152permitted sites, a person who operates or maintains such park or
153camp must contact the department to receive a review and
154approval. The items required to be submitted and the process for
155issuing a review and approval shall be set by department rule.
156     (3)(a)  An operating permit is not transferable from one
157place or person to another. Each permit must be renewed
158annually.
159     (b)(2)  The department may refuse to issue an operating a
160permit to, or refuse to renew the operating permit of, any park
161or camp that is not constructed or maintained in accordance with
162law and with the rules of the department.
163     (c)(3)  The department may suspend or revoke an operating a
164permit issued to any person that operates or maintains such a
165park or camp if such person fails to comply with this chapter or
166the rules adopted by the department under this chapter.
167     (d)(4)  An operating A permit for the operation of a park
168or camp may not be renewed or transferred if the permittee has
169an outstanding fine assessed pursuant to this chapter which is
170in final-order status and judicial reviews are exhausted, unless
171the transferee agrees to assume the outstanding fine.
172     (e)(5)  When a park or camp regulated under this chapter is
173sold or its ownership transferred, the purchaser who continues
174operation of the park or camp transferee must apply to the
175department for an operating a permit within 30 days after to the
176department before the date of sale transfer. The applicant must
177provide the department with a copy of the recorded deed or lease
178agreement before the department may issue an operating a permit
179to the applicant.
180     (4)  Each person seeking department review of plans for a
181proposed park or camp may submit such plans to the department
182for an assessment of whether such plans meet the requirements of
183this chapter and the rules adopted under this chapter.
184     (5)  Each person constructing a new park or camp or adding
185spaces to an existing park or camp must, before the
186construction, renovation, or addition, submit plans to the
187department for department review and approval.
188     Section 5.  Section 513.03, Florida Statutes, is amended to
189read:
190     513.03  Application for and issuance of permit.-
191     (1)  An application for an operating a permit must be made
192in writing to the department, on a form prescribed by the
193department. The application must state the location of the
194existing or proposed park or camp;, the type of park or camp;,
195the number of mobile homes or recreational vehicles to be
196accommodated; or the number of recreational campsites,
197buildings, and sites set aside for group camping, including
198barracks, cabins, cottages, and tent spaces; the type of water
199supply;, the method of sewage disposal;, and any other
200information the department requires.
201     (2)  If the department is satisfied, after reviewing the
202application of the proposed or existing park or camp and causing
203an inspection to be made, that the park or camp complies with
204this chapter and is so located, constructed, and equipped as not
205to be a source of danger to the health of the general public,
206the department shall issue the necessary approval or operating
207permit, in writing, on a form prescribed by the department.
208     Section 6.  Subsection (1) of section 513.045, Florida
209Statutes, is amended to read:
210     513.045  Permit fees.-
211     (1)(a)  Each person seeking a permit to establish, operate,
212or maintain a mobile home park, lodging park, recreational
213vehicle park, or recreational camp must pay to the department a
214fee, the amount of which shall be set by rule of the department.
215     (b)  Fees established pursuant to this subsection must be
216based on the actual costs incurred by the department in carrying
217out its responsibilities under this chapter.
218     (c)  The fee for an annual operating a permit may not be
219set at a rate that is more than $6.50 per space or less than
220$3.50 per space. Until rules setting these fees are adopted by
221the department, the permit fee per space is $3.50. The annual
222operating permit fee for a nonexempt recreational camp shall be
223based on an equivalency rate for which two camp occupants equal
224one space. The total fee assessed to an applicant for an annual
225operating permit may not be more than $600 or less than $50,
226except that a fee may be prorated on a quarterly basis.
227     (d)(c)  A recreational camp operated by a civic, fraternal,
228educational, or religious organization that does not rent to the
229public is exempt from the fee requirements of this subsection.
230     Section 7.  Section 513.05, Florida Statutes, is amended to
231read:
232     513.05  Rules.-The department may adopt rules pertaining to
233the location, construction, modification, equipment, and
234operation of mobile home parks, lodging parks, recreational
235vehicle parks, and recreational camps, except as provided in s.
236633.022, as necessary to administer and enforce this chapter,
237pursuant to and consistent with the delegation of authority
238established in this section and s. 381.006. Such rules may
239include definitions of terms; requirements for plan reviews of
240proposed and existing parks and camps; plan reviews of parks
241that consolidate or expand space or capacity or change space
242size; water supply; sewage collection and disposal; plumbing and
243backflow prevention; garbage and refuse storage, collection, and
244disposal; insect and rodent control; space requirements; heating
245facilities; food service; lighting; sanitary facilities;
246bedding; an occupancy equivalency to spaces for permits for
247recreational camps; sanitary facilities in recreational vehicle
248parks; and the owners' responsibilities at recreational vehicle
249parks and recreational camps.
250     Section 8.  Section 513.054, Florida Statutes, is amended
251to read:
252     513.054  Penalties for specified offenses by operator.-
253     (1)  Any operator of a mobile home park, lodging park, or
254recreational vehicle park, or a recreational camp who obstructs
255or hinders any agent of the department in the proper discharge
256of the agent's duties; who fails, neglects, or refuses to obtain
257an operating a permit for the park or camp or refuses to pay the
258operating permit fee required by law; or who fails or refuses to
259perform any duty imposed upon the operator by law or rule
260commits is guilty of a misdemeanor of the second degree,
261punishable as provided in s. 775.082 or s. 775.083.
262     (2)  On each day that such park or camp is operated in
263violation of law or rule, there is a separate offense.
264     Section 9.  Section 513.055, Florida Statutes, is amended
265to read:
266     513.055  Revocation or suspension of operating permit;
267fines; procedure.-
268     (1)(a)  The department may suspend or revoke an operating a
269permit issued to any person for a mobile home park, lodging
270park, recreational vehicle park, or recreational camp upon the
271failure of that person to comply with this chapter or the rules
272adopted under this chapter.
273     (b)  An operating A permit may not be suspended under this
274section for a period of more than 12 months. At the end of the
275period of suspension, the permittee may apply for reinstatement
276or renewal of the operating permit. A person whose operating
277permit is revoked may not apply for another operating permit for
278that location before prior to the date on which the revoked
279operating permit would otherwise have expired.
280     (2)(a)  In lieu of such suspension or revocation of an
281operating a permit, the department may impose a fine against a
282permittee for the permittee's failure to comply with the
283provisions described in paragraph (1)(a) or may place such
284licensee on probation. No fine so imposed shall exceed $500 for
285each offense, and all amounts collected in fines shall be
286deposited with the Chief Financial Officer to the credit of the
287County Health Department Trust Fund.
288     (b)  In determining the amount of fine to be imposed, if
289any, for a violation, the department shall consider the
290following factors:
291     1.  The gravity of the violation and the extent to which
292the provisions of the applicable statutes or rules have been
293violated.
294     2.  Any action taken by the operator to correct the
295violation.
296     3.  Any previous violation.
297     Section 10.  Subsection (1) of section 513.10, Florida
298Statutes, is amended to read:
299     513.10  Operating without permit; enforcement of chapter;
300penalties.-
301     (1)  Any person who maintains or operates a mobile home
302park, lodging park, recreational vehicle park, or recreational
303camp without first obtaining an operating a permit as required
304by s. 513.02, or who maintains or operates such a park or camp
305after revocation of the operating permit, commits is guilty of a
306misdemeanor of the second degree, punishable as provided in s.
307775.082 or s. 775.083.
308     Section 11.  Section 513.111, Florida Statutes, is
309repealed.
310     Section 12.  Section 513.1115, Florida Statutes, is created
311to read:
312     513.1115  Placement of recreational vehicles on lots in
313permitted parks.-
314     (1)  Separation distances between recreational vehicles
315shall be the distances established at the time of the initial
316approval of the recreational vehicle park by the department and
317the local government.
318     (2)  Setback distances from the exterior property boundary
319of the recreational vehicle park shall be the setback distances
320established at the time of the initial approval by the
321department and the local government.
322     (3)  This section does not limit the regulation of the
323uniform firesafety standards established under s. 633.022.
324     Section 13.  Subsection (1) of section 513.112, Florida
325Statutes, is amended to read:
326     513.112  Maintenance of guest register and copy of laws.-
327     (1)  It is the duty of each operator of a recreational
328vehicle park that rents to transient guests to maintain at all
329times a register, signed by or for guests who occupy rental
330sites within the park. The register must show the dates upon
331which the rental sites were occupied by such guests and the
332rates charged for the guests' occupancy. This register shall be
333maintained in chronological order and shall be available for
334inspection by the department at any time. An operator is not
335required to retain a register that is more than 2 years old.
336     Section 14.  Section 513.115, Florida Statutes, is amended
337to read:
338     513.115  Unclaimed property.-Any property having an
339identifiable owner which is left in a recreational vehicle park
340by a guest, including, but not limited to, other than property
341belonging to a guest who has vacated the premises without notice
342to the operator and with an outstanding account, which property
343remains unclaimed after having been held by the park for 90 days
344after written notice was provided to the guest or the owner of
345the property, may be disposed of by becomes the property of the
346park. Any titled property, including a boat, a recreational
347vehicle, or other vehicle, shall be disposed of in accordance
348with the requirements of chapter 715.
349     Section 15.  Subsections (2) and (4) of section 513.13,
350Florida Statutes, are amended to read:
351     513.13  Recreational vehicle parks; eviction; grounds;
352proceedings.-
353     (2)  The operator of any recreational vehicle park shall
354notify such guest that the park no longer desires to entertain
355the guest and shall request that such guest immediately depart
356from the park. Such notice shall be given in writing. If such
357guest has paid in advance, the park shall, at the time such
358notice is given, tender to the guest the unused portion of the
359advance payment. Any guest who remains or attempts to remain in
360such park after being requested to leave commits is guilty of a
361misdemeanor of the second degree, punishable as provided in s.
362775.082 or s. 775.083. If the notice is given in the presence of
363a law enforcement officer by posting or personal delivery and
364the person fails to depart from the park immediately, the person
365commits a misdemeanor of the second degree, punishable as
366provided in s. 775.082 or s. 775.083.
367     (4)  If any person is illegally on the premises of any
368recreational vehicle park, the operator of such park may call
369upon any law enforcement officer of this state for assistance.
370It is the duty of such law enforcement officer, upon the request
371of such operator, to place under arrest and take into custody
372for violation of this section any guest who violates subsection
373(1) or subsection (2) in the presence of the officer. If a
374warrant has been issued by the proper judicial officer for the
375arrest of any violator of subsection (1) or subsection (2), the
376officer shall serve the warrant, arrest the person, and take the
377person into custody. Upon arrest, with or without warrant, the
378guest is deemed to have given up any right to occupancy or to
379have abandoned the guest's right to occupancy of the premises of
380the recreational vehicle park; and the operator of the park
381shall employ all reasonable and proper means to care for any
382personal property left on the premises by such guest and shall
383refund any unused portion of moneys paid by such guest for the
384occupancy of such premises. The operator is not liable for
385damages to personal property left on the premises by a guest who
386violates subsection (1) or subsection (2) and is arrested by a
387law enforcement officer.
388     Section 16.  This act shall take effect July 1, 2011.


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