Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 422
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Innovation, Industry, and Technology (Perry)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 21
    4  insert:
    5         Section 1. Section 513.012, Florida Statutes, is amended to
    6  read:
    7         513.012 Public health laws; enforcement.—It is the intent
    8  of the Legislature that mobile home parks, lodging parks,
    9  recreational vehicle parks, and recreational camps be
   10  exclusively regulated under this chapter. As such, the
   11  department shall administer and enforce, with respect to such
   12  parks and camps, laws and rules relating to sanitation, control
   13  of communicable diseases, illnesses and hazards to health among
   14  humans and from animals to humans, and permitting and
   15  operational matters in order to protect the general health and
   16  well-being of the residents people of and visitors to the state.
   17  However, nothing in this chapter qualifies a mobile home park, a
   18  lodging park, a recreational vehicle park, or a recreational
   19  camp for a liquor license issued under s. 561.20(2)(a)1. Mobile
   20  home parks, lodging parks, recreational vehicle parks, and
   21  recreational camps regulated under this chapter are exempt from
   22  regulation under the provisions of chapter 509.
   23         Section 2. Subsection (5) of section 513.02, Florida
   24  Statutes, is amended to read:
   25         513.02 Permit.—
   26         (5) When a park or camp regulated under this chapter is
   27  sold or its ownership transferred, the transferee must apply for
   28  a permit to the department within 60 days after before the date
   29  of transfer. The applicant must provide the department with a
   30  copy of the recorded deed or lease agreement before the
   31  department may issue a permit to the applicant.
   32         Section 3. Section 513.051, Florida Statutes, is amended to
   33  read:
   34         513.051 Preemption.—The department is the exclusive
   35  regulatory and permitting authority for sanitary and permitting
   36  standards for all mobile home parks, lodging parks, recreational
   37  vehicle parks, and recreational camps in accordance with the
   38  provisions of this chapter.
   39         Section 4. Subsection (3) is added to section 513.112,
   40  Florida Statutes, to read:
   41         513.112 Maintenance of guest register and copy of laws.—
   42         (3)When a guest occupies a recreational vehicle in a
   43  recreational vehicle park for less than 6 months, as evidenced
   44  by the length of stay shown in the guest register, there is a
   45  rebuttable presumption that the occupancy is transient.
   46         Section 5. Present subsection (3) of section 513.1115,
   47  Florida Statutes, is redesignated as subsection (4) and amended,
   48  and a new subsection (3) is added to that section, to read:
   49         513.1115 Placement of recreational vehicles on lots in
   50  permitted parks.—
   51         (3)If a recreational vehicle park is damaged or destroyed
   52  as a result of wind, water, or other natural disaster, the park
   53  may be rebuilt on the same site using the same density standards
   54  that were approved and permitted before the park was damaged or
   55  destroyed.
   56         (4)(3) This section does not limit the regulation of the
   57  uniform firesafety standards established under s. 633.206.
   58  However, this section shall supersede any other county,
   59  municipality, or special district ordinance or regulation
   60  regarding the lot size, lot density, or separation or setback
   61  distance of a recreational vehicle park which goes into effect
   62  after the initial permitting and construction of the park.
   63         Section 6. Section 513.115, Florida Statutes, is amended to
   64  read:
   65         513.115 Unclaimed property.—Any property having an
   66  identifiable owner which is left in a recreational vehicle park
   67  by a guest, other than property belonging to a guest who has
   68  vacated the premises without notice to the operator and with an
   69  outstanding account, which property remains unclaimed after
   70  having been held by a the park for 90 days after written notice
   71  was provided to the guest or the owner of the property, becomes
   72  the property of the park. Any property that is left by a guest
   73  who has vacated the premises without notice to the operator and
   74  who has an outstanding account is considered abandoned property,
   75  and disposition thereof shall be governed by the Disposition of
   76  Personal Property Landlord and Tenant Act under s. 715.10 or
   77  under 705.185, as applicable.
   78         Section 7. Section 513.118, Florida Statutes, is amended to
   79  read:
   80         513.118 Conduct on premises; refusal of service.—
   81         (1) The operator of a recreational vehicle park may refuse
   82  to provide accommodations, or service, or access to the premises
   83  to any transient guest or visitor person whose conduct on the
   84  premises of the park displays intoxication, profanity, lewdness,
   85  or brawling; who indulges in such language or conduct as to
   86  disturb the peace, quiet enjoyment, or comfort of other guests;
   87  who engages in illegal or disorderly conduct; or whose conduct
   88  constitutes a nuisance or safety hazard.
   89         (2)The operator of a recreational vehicle park may request
   90  that a transient guest or visitor who violates subsection (1)
   91  leave the premises immediately. A person who refuses to leave
   92  the premises commits the offense of trespass as provided in s.
   93  810.08 and the operator may call a law enforcement officer to
   94  have the person and his or her property removed under the
   95  supervision of the officer. A law enforcement officer is not
   96  liable for any claim involving the removal of the person or
   97  property from the recreational vehicle park under this section,
   98  except as provided in s. 768.28. If conditions do not allow for
   99  immediate removal of the person’s property, he or she may
  100  arrange a reasonable time, not to exceed 48 hours, with the
  101  operator to come remove the property, accompanied by a law
  102  enforcement officer.
  103         (3) Such refusal of accommodations, or service, or access
  104  to the premises may shall not be based upon race, color,
  105  national origin, sex, physical disability, or creed.
  106         Section 8. Section 513.13, Florida Statutes, is amended to
  107  read:
  108         513.13 Recreational vehicle parks; ejection eviction;
  109  grounds; proceedings.—
  110         (1) The operator of any recreational vehicle park may
  111  remove or cause to be removed from such park, in the manner
  112  provided in this section, any transient guest of the park who,
  113  while on the premises of the park, illegally possesses or deals
  114  in a controlled substance as defined in chapter 893; who or
  115  disturbs the peace, quiet enjoyment, and comfort of other
  116  persons; who causes harm to the physical park; who violates the
  117  posted park rules and regulations; or who fails to make payment
  118  of rent at the rental rate agreed upon and by the time agreed
  119  upon. The admission of a person to, or the removal of a person
  120  from, any recreational vehicle park may shall not be based upon
  121  race, color, national origin, sex, physical disability, or
  122  creed.
  123         (2) The operator of any recreational vehicle park shall
  124  notify such guest that the park no longer desires to entertain
  125  the guest and shall request that such guest immediately depart
  126  from the park. Such notice shall be given in writing, as
  127  follows: “You are hereby notified that this recreational vehicle
  128  park no longer desires to entertain you as its guest, and you
  129  are requested to leave at once. To remain after receipt of this
  130  notice is a misdemeanor under the laws of this state.” If such
  131  guest has paid in advance, the park shall, at the time such
  132  notice is given, tender to the guest the unused portion of the
  133  advance payment. Any guest who remains or attempts to remain in
  134  such park after being requested to leave commits is guilty of a
  135  misdemeanor of the second degree, punishable as provided in s.
  136  775.082 or s. 775.083.
  137         (3) If a guest has accumulated an outstanding account in
  138  excess of an amount equivalent to 3 three nights’ rent at a
  139  recreational vehicle park, the operator may disconnect all
  140  utilities of the recreational vehicle and notify the guest that
  141  the action is for the purpose of requiring the guest to confront
  142  the operator or permittee and arrange for the payment of the
  143  guest’s account. Such arrangement must be in writing, and a copy
  144  shall be furnished to the guest. Upon entering into such
  145  agreement, the operator shall reconnect the utilities of the
  146  recreational vehicle.
  147         (4) If any person is illegally on the premises of any
  148  recreational vehicle park, the operator of such park may call
  149  upon any law enforcement officer of this state for assistance.
  150  It is the duty of such law enforcement officer, upon the request
  151  of such operator, to remove from the premises or place under
  152  arrest and take into custody for violation of this section any
  153  guest who, according to the park operator, violated violates
  154  subsection (1) or subsection (2) in the presence of the officer.
  155  If a warrant has been issued by the proper judicial officer for
  156  the arrest of any guest who violates violator of subsection (1)
  157  or subsection (2), the officer shall serve the warrant, arrest
  158  the guest person, and take the guest person into custody. Upon
  159  removal or arrest, with or without warrant, the guest is deemed
  160  to have abandoned or given up any right to occupancy or to have
  161  abandoned the guest’s right to occupancy of the premises of the
  162  recreational vehicle park; and the operator of the park shall
  163  employ all reasonable and proper means to care for any personal
  164  property left on the premises by such guest and shall refund any
  165  unused portion of moneys paid by such guest for the occupancy of
  166  such premises. If conditions do not allow for immediate removal
  167  of the guest’s property, he or she may arrange a reasonable
  168  time, not to exceed 48 hours, with the operator to come remove
  169  the property, accompanied by a law enforcement officer.
  170         (5) In addition to the grounds for ejection eviction
  171  established by law, grounds for ejection eviction may be
  172  established in a written lease agreement between a recreational
  173  vehicle park operator or permittee and a recreational vehicle
  174  park occupant.
  175  
  176  ================= T I T L E  A M E N D M E N T ================
  177  And the title is amended as follows:
  178         Delete line 2
  179  and insert:
  180         An act relating to recreational vehicle industries;
  181         amending s. 513.012, F.S.; revising legislative
  182         intent; amending s. 513.02, F.S.; providing a
  183         timeframe for the application of a permit; amending s.
  184         513.051, F.S.; preempting to the Department of Health
  185         the regulatory authority for permitting standards;
  186         amending s. 513.112, F.S.; providing that evidence of
  187         a certain length of stay in a guest register creates a
  188         rebuttable presumption that a guest is transient;
  189         amending s. 513.1115, F.S.; providing standards for a
  190         damaged or destroyed recreational vehicle park to be
  191         rebuilt under certain circumstances; superseding
  192         certain ordinances or regulations; amending s.
  193         513.115, F.S.; specifying when certain property
  194         becomes abandoned; providing for disposition of such
  195         property; amending s. 513.118, F.S.; authorizing a
  196         park operator to refuse access to the premises and to
  197         eject transient guests or visitors based on specified
  198         conduct; providing that a person who refuses to leave
  199         the park premises commits the offense of trespass;
  200         providing immunity from liability for certain law
  201         enforcement officers; providing an exception;
  202         providing for removal of property; amending s. 513.13,
  203         F.S.; providing for ejection from a park and
  204         specifying grounds and requirements therefor;
  205         providing for removal of property; amending s.