HB 573

A bill to be entitled
2An act relating to mobile home and recreational
3vehicle parks; amending s. 513.01, F.S.; providing and
4revising definitions; amending s. 513.012, F.S.;
5specifying laws and rules to be enforced by the
6Department of Health; providing for the adoption of
7rules; amending s. 513.014, F.S.; revising
8applicability of recreational vehicle park
9requirements to mobile home parks; amending s. 513.02,
10F.S.; revising permit requirements and terminology;
11providing requirements for construction review and
12approval for private parks and camps; requiring the
13department to adopt rules; requiring certain
14construction and renovation plans to be submitted to
15the department for review and approval; amending s.
16513.03, F.S.; revising requirements for permit
17applications; amending s. 513.045, F.S.; revising
18provisions relating to fees charged to operators of
19certain parks or camps; amending s. 513.05, F.S.;
20providing the department with additional rulemaking
21authority; amending s. 513.054, F.S.; providing that
22an operator of a mobile home park, lodging park,
23recreational vehicle park, or recreational camp who
24refuses to pay the operating permit fee required by
25law or who fails, neglects, or refuses to obtain an
26operating permit for the park commits a misdemeanor of
27the second degree; providing penalties; amending s.
28513.055, F.S.; conforming terminology; amending s.
29513.10, F.S.; providing that a person who operates a
30mobile home park, lodging park, recreational vehicle
31park, or recreational camp without an operating permit
32commits a misdemeanor of the second degree; providing
33penalties; repealing s. 513.111, F.S., relating to the
34posting and advertising of certain site rates;
35creating s. 513.1115, F.S.; providing requirements for
36the establishment of separation and setback distances
37for recreational vehicles; amending s. 513.112, F.S.;
38deleting a provision requiring guest registers of
39recreational vehicle parks to be made available for
40inspection by the department at any time; amending s.
41513.115, F.S.; revising requirements for the handling
42of unclaimed property left in a recreational vehicle
43park; amending s. 513.13, F.S.; providing a penalty
44for failure to depart from a recreational vehicle park
45under certain circumstances; barring an operator from
46certain liability; providing an effective date.
48Be It Enacted by the Legislature of the State of Florida:
50     Section 1.  Subsection (3) of section 513.01, Florida
51Statutes, is amended, present subsections (5) through (11) of
52that section are renumbered as subsections (6) through (12),
53respectively, and a new subsection (5) is added to that section,
54to read:
55     513.01  Definitions.-As used in this chapter, the term:
56     (3)  "Mobile home" means a residential structure that is
57transportable in one or more sections, which structure is 8 body
58feet (2.4 meters) or more in width, over 35 feet in length with
59the hitch, built on an integral chassis, and designed to be used
60as a dwelling when connected to the required utilities, and not
61originally sold as a recreational vehicle, and includes the
62plumbing, heating, air-conditioning, and electrical systems
63contained in the structure.
64     (5)  "Occupancy" means the length of time that a
65recreational vehicle is occupied by a transient guest and not
66the length of time that such vehicle is located on the leased
67recreational vehicle site. A recreational vehicle may be stored
68and tied down on site when not in use to accommodate the needs
69of the guest. The attachment of a recreational vehicle to the
70ground by way of tie-downs or other removable fasteners, and the
71attachment of carports, porches, screen rooms, and similar
72appurtenances by way of removable attaching devices, do not
73render the recreational vehicle a permanent part of the
74recreational vehicle site.
75     Section 2.  Section 513.012, Florida Statutes, is amended
76to read:
77     513.012  Public health laws; enforcement.-
78     (1)  It is the intent of the Legislature that mobile home
79parks, lodging parks, recreational vehicle parks, and
80recreational camps be regulated under this chapter. As such, the
81department shall administer and enforce, with respect to such
82parks and camps, uniform laws and rules relating to sanitation,
83control of communicable diseases, illnesses and hazards to
84health among humans and from animals to humans, and the general
85health of the people of the state, pursuant to and consistent
86with the delegation of authority established in this section and
87s. 381.006.
88     (2)  This chapter establishes uniform standards to be
89administered and enforced by the department for the issuing of
90permits for, and the operation of, mobile home parks, lodging
91parks, recreational vehicle parks, and recreational camps, which
93     (a)  The design, location, and site sizes for sites in
94parks and camps.
95     (b)  Sanitary standards for the issuing of permits for, and
96the operation of, parks and camps.
97     (c)  The issuing of permits for parks and camps as required
98by this chapter.
99     (d)  The inspection of parks and camps to enforce
100compliance with this chapter.
101     (e)  Permit requirements.
102     (3)  This chapter establishes uniform standards for
103recreational vehicle parks and camps which apply to:
104     (a)  Occupancy standards for transient rentals in
105recreational vehicle parks and camps.
106     (b)  The liability for property of guests left on sites.
107     (c)  Separation and setback distances established at the
108time of initial approval.
109     (d)  The maintenance of guest registers.
110     (e)  Unclaimed property.
111     (f)  Conduct of transient guests.
112     (g)  Theft of personal property.
113     (h)  Evictions of transient guests.
114     (i)  Writs of distress.
115     (j)  The placement of recreational vehicles as described in
116s. 320.01(1)(b) according to their sizes and types.
117     (4)  Local governmental actions, ordinances, and
118resolutions must be consistent with the uniform standards
119established pursuant to this chapter and as implemented by rules
120of the department. This chapter does not limit the authority of
121a local government to adopt and enforce land use, building,
122firesafety, and other regulations.
123     (5)  However, nothing in This chapter does not qualify
124qualifies a mobile home park, a lodging park, a recreational
125vehicle park, or a recreational camp for a liquor license issued
126under s. 561.20(2)(a)1. Mobile home parks, lodging parks,
127recreational vehicle parks, and recreational camps regulated
128under this chapter are exempt from regulation under the
129provisions of chapter 509.
130     Section 3.  Section 513.014, Florida Statutes, is amended
131to read:
132     513.014  Applicability of recreational vehicle park
133provisions to mobile home parks.-A mobile home park that has
134five or more sites set aside for recreational vehicles shall,
135for those sites set aside for recreational vehicles, comply with
136the recreational vehicle park requirements included in this
137chapter. This section does not require a mobile home park with
138spaces set aside for recreational vehicles to obtain two
139licenses. However, a mobile home park that rents spaces to
140recreational vehicles on the basis of long-term leases is
141required to comply with the laws and rules relating to mobile
142home parks including but not limited to chapter 723, if
144     Section 4.  Section 513.02, Florida Statutes, is amended to
146     513.02  Operating permits Permit.-
147     (1)  A person may not establish or maintain a mobile home
148park, lodging park, recreational vehicle park, or recreational
149camp in this state without first obtaining an operating a permit
150from the department. Such permit is not transferable from one
151place or person to another. Each permit must be renewed
153     (2)  Before the commencement of construction of a new park
154or camp or before any change to an existing park or camp which
155requires construction of new sanitary facilities or additional
156permitted sites, a person who operates or maintains such park or
157camp must contact the department to receive a review and
158approval. The items required to be submitted and the process for
159issuing a review and approval shall be set by department rule.
160     (3)(a)  An operating permit is not transferable from one
161place or person to another. Each permit must be renewed
163     (b)(2)  The department may refuse to issue an operating a
164permit to, or refuse to renew the operating permit of, any park
165or camp that is not constructed or maintained in accordance with
166law and with the rules of the department.
167     (c)(3)  The department may suspend or revoke an operating a
168permit issued to any person that operates or maintains such a
169park or camp if such person fails to comply with this chapter or
170the rules adopted by the department under this chapter.
171     (d)(4)  An operating A permit for the operation of a park
172or camp may not be renewed or transferred if the permittee has
173an outstanding fine assessed pursuant to this chapter which is
174in final-order status and judicial reviews are exhausted, unless
175the transferee agrees to assume the outstanding fine.
176     (e)(5)  When a park or camp regulated under this chapter is
177sold or its ownership transferred, the purchaser who continues
178operation of the park or camp transferee must apply to the
179department for an operating a permit within 30 days after to the
180department before the date of sale transfer. The applicant must
181provide the department with a copy of the recorded deed or lease
182agreement before the department may issue an operating a permit
183to the applicant.
184     (4)  Each person seeking department review of plans for a
185proposed park or camp may submit such plans to the department
186for an assessment of whether such plans meet the requirements of
187this chapter and the rules adopted under this chapter.
188     (5)  Each person constructing a new park or camp or adding
189spaces to an existing park or camp must, before the
190construction, renovation, or addition, submit plans to the
191department for department review and approval.
192     Section 5.  Section 513.03, Florida Statutes, is amended to
194     513.03  Application for and issuance of operating permit.-
195     (1)  An application for an operating a permit must be made
196in writing to the department, on a form prescribed by the
197department. The application must state the location of the
198existing or proposed park or camp;, the type of park or camp;,
199the number of mobile homes or recreational vehicles to be
200accommodated; or the number of recreational campsites,
201buildings, and sites set aside for group camping, including
202barracks, cabins, cottages, and tent spaces; the type of water
203supply;, the method of sewage disposal;, and any other
204information the department requires.
205     (2)  If the department is satisfied, after reviewing the
206application of the proposed or existing park or camp and causing
207an inspection to be made, that the park or camp complies with
208this chapter and is so located, constructed, and equipped as not
209to be a source of danger to the health of the general public,
210the department shall issue the necessary approval or operating
211permit, in writing, on a form prescribed by the department.
212     Section 6.  Subsection (1) of section 513.045, Florida
213Statutes, is amended to read:
214     513.045  Permit fees.-
215     (1)(a)  Each person seeking a permit to establish, operate,
216or maintain a mobile home park, lodging park, recreational
217vehicle park, or recreational camp must pay to the department a
218fee, the amount of which shall be set by rule of the department.
219     (b)  Fees established pursuant to this subsection must be
220based on the actual costs incurred by the department in carrying
221out its responsibilities under this chapter.
222     (c)  The fee for an annual operating a permit may not be
223set at a rate that is more than $6.50 per space or less than
224$3.50 per space. Until rules setting these fees are adopted by
225the department, the permit fee per space is $3.50. The annual
226operating permit fee for a nonexempt recreational camp shall be
227based on an equivalency rate for which two camp occupants equal
228one space. The total fee assessed to an applicant for an annual
229operating permit may not be more than $600 or less than $50,
230except that a fee may be prorated on a quarterly basis.
231     (d)(c)  A recreational camp operated by a civic, fraternal,
232educational, or religious organization that does not rent to the
233public is exempt from the fee requirements of this subsection.
234     Section 7.  Section 513.05, Florida Statutes, is amended to
236     513.05  Rules.-The department may adopt rules pertaining to
237the location, construction, modification, equipment, and
238operation of mobile home parks, lodging parks, recreational
239vehicle parks, and recreational camps, except as provided in s.
240633.022, as necessary to administer and enforce this chapter,
241pursuant to and consistent with the delegation of authority
242established in this section and s. 381.006. Such rules may
243include definitions of terms; requirements for plan reviews of
244proposed and existing parks and camps; plan reviews of parks
245that consolidate or expand space or capacity or change space
246size; water supply; sewage collection and disposal; plumbing and
247backflow prevention; garbage and refuse storage, collection, and
248disposal; insect and rodent control; space requirements; heating
249facilities; food service; lighting; sanitary facilities;
250bedding; an occupancy equivalency to spaces for permits for
251recreational camps; sanitary facilities in recreational vehicle
252parks; and the owners' responsibilities at recreational vehicle
253parks and recreational camps.
254     Section 8.  Section 513.054, Florida Statutes, is amended
255to read:
256     513.054  Penalties for specified offenses by operator.-
257     (1)  Any operator of a mobile home park, lodging park, or
258recreational vehicle park, or a recreational camp who obstructs
259or hinders any agent of the department in the proper discharge
260of the agent's duties; who fails, neglects, or refuses to obtain
261an operating a permit for the park or camp or refuses to pay the
262operating permit fee required by law; or who fails or refuses to
263perform any duty imposed upon the operator by law or rule
264commits is guilty of a misdemeanor of the second degree,
265punishable as provided in s. 775.082 or s. 775.083.
266     (2)  On each day that such park or camp is operated in
267violation of law or rule, there is a separate offense.
268     Section 9.  Section 513.055, Florida Statutes, is amended
269to read:
270     513.055  Revocation or suspension of operating permit;
271fines; procedure.-
272     (1)(a)  The department may suspend or revoke an operating a
273permit issued to any person for a mobile home park, lodging
274park, recreational vehicle park, or recreational camp upon the
275failure of that person to comply with this chapter or the rules
276adopted under this chapter.
277     (b)  An operating A permit may not be suspended under this
278section for a period of more than 12 months. At the end of the
279period of suspension, the permittee may apply for reinstatement
280or renewal of the operating permit. A person whose operating
281permit is revoked may not apply for another operating permit for
282that location before prior to the date on which the revoked
283operating permit would otherwise have expired.
284     (2)(a)  In lieu of such suspension or revocation of an
285operating a permit, the department may impose a fine against a
286permittee for the permittee's failure to comply with the
287provisions described in paragraph (1)(a) or may place such
288licensee on probation. A No fine so imposed may not shall exceed
289$500 for each offense, and all amounts collected in fines shall
290be deposited with the Chief Financial Officer to the credit of
291the County Health Department Trust Fund.
292     (b)  In determining the amount of fine to be imposed, if
293any, for a violation, the department shall consider the
294following factors:
295     1.  The gravity of the violation and the extent to which
296the provisions of the applicable statutes or rules have been
298     2.  Any action taken by the operator to correct the
300     3.  Any previous violation.
301     Section 10.  Subsection (1) of section 513.10, Florida
302Statutes, is amended to read:
303     513.10  Operating without permit; enforcement of chapter;
305     (1)  Any person who maintains or operates a mobile home
306park, lodging park, recreational vehicle park, or recreational
307camp without first obtaining an operating a permit as required
308by s. 513.02, or who maintains or operates such a park or camp
309after revocation of the operating permit, commits is guilty of a
310misdemeanor of the second degree, punishable as provided in s.
311775.082 or s. 775.083.
312     Section 11.  Section 513.111, Florida Statutes, is
314     Section 12.  Section 513.1115, Florida Statutes, is created
315to read:
316     513.1115  Placement of recreational vehicles on lots in
317permitted parks.-
318     (1)  Separation distances between recreational vehicles
319shall be the distances established at the time of the initial
320approval of the recreational vehicle park by the department and
321the local government.
322     (2)  Setback distances from the exterior property boundary
323of the recreational vehicle park shall be the setback distances
324established at the time of the initial approval by the
325department and the local government.
326     (3)  This section does not limit the regulation of the
327uniform firesafety standards established under s. 633.022.
328     Section 13.  Subsection (1) of section 513.112, Florida
329Statutes, is amended to read:
330     513.112  Maintenance of guest register and copy of laws.-
331     (1)  It is the duty of each operator of a recreational
332vehicle park that rents to transient guests to maintain at all
333times a register, signed by or for guests who occupy rental
334sites within the park. The register must show the dates upon
335which the rental sites were occupied by such guests and the
336rates charged for the guests' occupancy. This register shall be
337maintained in chronological order and shall be available for
338inspection by the department at any time. An operator is not
339required to retain a register that is more than 2 years old.
340     Section 14.  Section 513.115, Florida Statutes, is amended
341to read:
342     513.115  Unclaimed property.-Any property having an
343identifiable owner which is left in a recreational vehicle park
344by a guest, including, but not limited to, other than property
345belonging to a guest who has vacated the premises without notice
346to the operator and with an outstanding account, which property
347remains unclaimed after having been held by the park for 90 days
348after written notice was provided to the guest or the owner of
349the property, may be disposed of by becomes the property of the
350park. Any titled property, including a boat, a recreational
351vehicle, or other vehicle, shall be disposed of in accordance
352with the requirements of chapter 715.
353     Section 15.  Subsections (2) and (4) of section 513.13,
354Florida Statutes, are amended to read:
355     513.13  Recreational vehicle parks; eviction; grounds;
357     (2)  The operator of any recreational vehicle park shall
358notify such guest that the park no longer desires to entertain
359the guest and shall request that such guest immediately depart
360from the park. Such notice shall be given in writing. If such
361guest has paid in advance, the park shall, at the time such
362notice is given, tender to the guest the unused portion of the
363advance payment. Any guest who remains or attempts to remain in
364such park after being requested to leave commits is guilty of a
365misdemeanor of the second degree, punishable as provided in s.
366775.082 or s. 775.083. If the notice is given in the presence of
367a law enforcement officer by posting or personal delivery and
368the person fails to depart from the park immediately, the person
369commits a misdemeanor of the second degree, punishable as
370provided in s. 775.082 or s. 775.083.
371     (4)  If any person is illegally on the premises of any
372recreational vehicle park, the operator of such park may call
373upon any law enforcement officer of this state for assistance.
374It is the duty of such law enforcement officer, upon the request
375of such operator, to place under arrest and take into custody
376for violation of this section any guest who violates subsection
377(1) or subsection (2) in the presence of the officer. If a
378warrant has been issued by the proper judicial officer for the
379arrest of any violator of subsection (1) or subsection (2), the
380officer shall serve the warrant, arrest the person, and take the
381person into custody. Upon arrest, with or without warrant, the
382guest is deemed to have given up any right to occupancy or to
383have abandoned the guest's right to occupancy of the premises of
384the recreational vehicle park; and the operator of the park
385shall employ all reasonable and proper means to care for any
386personal property left on the premises by such guest and shall
387refund any unused portion of moneys paid by such guest for the
388occupancy of such premises. The operator is not liable for
389damages to personal property left on the premises by a guest who
390violates subsection (1) or subsection (2) and is arrested by a
391law enforcement officer.
392     Section 16.  This act shall take effect September 1, 2012.

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