Florida Senate - 2020                       CS for CS for SB 422
       By the Committees on Innovation, Industry, and Technology; and
       Infrastructure and Security; and Senator Perry
       580-03751-20                                           2020422c2
    1                        A bill to be entitled                      
    2         An act relating to recreational vehicle industries;
    3         amending s. 513.012, F.S.; revising legislative
    4         intent; amending s. 513.02, F.S.; providing a
    5         timeframe for the application of a permit; amending s.
    6         513.051, F.S.; preempting to the Department of Health
    7         the regulatory authority for permitting standards;
    8         amending s. 513.112, F.S.; providing that evidence of
    9         a certain length of stay in a guest register creates a
   10         rebuttable presumption that a guest is transient;
   11         amending s. 513.1115, F.S.; providing standards for a
   12         damaged or destroyed recreational vehicle park to be
   13         rebuilt under certain circumstances; superseding
   14         certain ordinances or regulations; amending s.
   15         513.115, F.S.; specifying when certain property
   16         becomes abandoned; providing for disposition of such
   17         property; amending s. 513.118, F.S.; authorizing a
   18         park operator to refuse access to the premises and to
   19         eject transient guests or visitors based on specified
   20         conduct; providing that a person who refuses to leave
   21         the park premises commits the offense of trespass;
   22         providing immunity from liability for certain law
   23         enforcement officers; providing an exception;
   24         providing for removal of property; amending s. 513.13,
   25         F.S.; providing for ejection from a park and
   26         specifying grounds and requirements therefor;
   27         providing for removal of property; amending s. 527.01,
   28         F.S.; defining the term “recreational vehicle”;
   29         amending s. 527.0201, F.S.; requiring the Department
   30         of Agriculture and Consumer Services to adopt rules
   31         specifying requirements for agents to administer
   32         certain competency examinations and establishing a
   33         written competency examination for a license to engage
   34         in activities solely related to the service and repair
   35         of recreational vehicles; authorizing certain
   36         qualifiers and master qualifiers to engage in
   37         activities solely related to the service and repair of
   38         recreational vehicles; requiring verifiable LP gas
   39         experience or professional certification by an LP gas
   40         manufacturer in order to apply for certification as a
   41         master qualifier; providing an effective date.
   43  Be It Enacted by the Legislature of the State of Florida:
   45         Section 1. Section 513.012, Florida Statutes, is amended to
   46  read:
   47         513.012 Public health laws; enforcement.—It is the intent
   48  of the Legislature that mobile home parks, lodging parks,
   49  recreational vehicle parks, and recreational camps be
   50  exclusively regulated under this chapter. As such, the
   51  department shall administer and enforce, with respect to such
   52  parks and camps, laws and rules relating to sanitation, control
   53  of communicable diseases, illnesses and hazards to health among
   54  humans and from animals to humans, and permitting and
   55  operational matters in order to protect the general health and
   56  well-being of the residents people of and visitors to the state.
   57  However, nothing in this chapter qualifies a mobile home park, a
   58  lodging park, a recreational vehicle park, or a recreational
   59  camp for a liquor license issued under s. 561.20(2)(a)1. Mobile
   60  home parks, lodging parks, recreational vehicle parks, and
   61  recreational camps regulated under this chapter are exempt from
   62  regulation under the provisions of chapter 509.
   63         Section 2. Subsection (5) of section 513.02, Florida
   64  Statutes, is amended to read:
   65         513.02 Permit.—
   66         (5) When a park or camp regulated under this chapter is
   67  sold or its ownership transferred, the transferee must apply for
   68  a permit to the department within 60 days after before the date
   69  of transfer. The applicant must provide the department with a
   70  copy of the recorded deed or lease agreement before the
   71  department may issue a permit to the applicant.
   72         Section 3. Section 513.051, Florida Statutes, is amended to
   73  read:
   74         513.051 Preemption.—The department is the exclusive
   75  regulatory and permitting authority for sanitary and permitting
   76  standards for all mobile home parks, lodging parks, recreational
   77  vehicle parks, and recreational camps in accordance with the
   78  provisions of this chapter.
   79         Section 4. Subsection (3) is added to section 513.112,
   80  Florida Statutes, to read:
   81         513.112 Maintenance of guest register and copy of laws.—
   82         (3)When a guest occupies a recreational vehicle in a
   83  recreational vehicle park for less than 6 months, as evidenced
   84  by the length of stay shown in the guest register, there is a
   85  rebuttable presumption that the occupancy is transient.
   86         Section 5. Present subsection (3) of section 513.1115,
   87  Florida Statutes, is redesignated as subsection (4) and amended,
   88  and a new subsection (3) is added to that section, to read:
   89         513.1115 Placement of recreational vehicles on lots in
   90  permitted parks.—
   91         (3)If a recreational vehicle park is damaged or destroyed
   92  as a result of wind, water, or other natural disaster, the park
   93  may be rebuilt on the same site using the same density standards
   94  that were approved and permitted before the park was damaged or
   95  destroyed.
   96         (4)(3) This section does not limit the regulation of the
   97  uniform firesafety standards established under s. 633.206.
   98  However, this section shall supersede any other county,
   99  municipality, or special district ordinance or regulation
  100  regarding the lot size, lot density, or separation or setback
  101  distance of a recreational vehicle park which goes into effect
  102  after the initial permitting and construction of the park.
  103         Section 6. Section 513.115, Florida Statutes, is amended to
  104  read:
  105         513.115 Unclaimed property.—Any property having an
  106  identifiable owner which is left in a recreational vehicle park
  107  by a guest, other than property belonging to a guest who has
  108  vacated the premises without notice to the operator and with an
  109  outstanding account, which property remains unclaimed after
  110  having been held by a the park for 90 days after written notice
  111  was provided to the guest or the owner of the property, becomes
  112  the property of the park. Any property that is left by a guest
  113  who has vacated the premises without notice to the operator and
  114  who has an outstanding account is considered abandoned property,
  115  and disposition thereof shall be governed by the Disposition of
  116  Personal Property Landlord and Tenant Act under s. 715.10 or
  117  under s. 705.185, as applicable.
  118         Section 7. Section 513.118, Florida Statutes, is amended to
  119  read:
  120         513.118 Conduct on premises; refusal of service.—
  121         (1) The operator of a recreational vehicle park may refuse
  122  to provide accommodations, or service, or access to the premises
  123  to any transient guest or visitor person whose conduct on the
  124  premises of the park displays intoxication, profanity, lewdness,
  125  or brawling; who indulges in such language or conduct as to
  126  disturb the peace, quiet enjoyment, or comfort of other guests;
  127  who engages in illegal or disorderly conduct; or whose conduct
  128  constitutes a nuisance or safety hazard.
  129         (2)The operator of a recreational vehicle park may request
  130  that a transient guest or visitor who violates subsection (1)
  131  leave the premises immediately. A person who refuses to leave
  132  the premises commits the offense of trespass as provided in s.
  133  810.08 and the operator may call a law enforcement officer to
  134  have the person and his or her property removed under the
  135  supervision of the officer. A law enforcement officer is not
  136  liable for any claim involving the removal of the person or
  137  property from the recreational vehicle park under this section,
  138  except as provided in s. 768.28. If conditions do not allow for
  139  immediate removal of the person’s property, he or she may
  140  arrange a reasonable time, not to exceed 48 hours, with the
  141  operator to come remove the property, accompanied by a law
  142  enforcement officer.
  143         (3) Such refusal of accommodations, or service, or access
  144  to the premises may shall not be based upon race, color,
  145  national origin, sex, physical disability, or creed.
  146         Section 8. Section 513.13, Florida Statutes, is amended to
  147  read:
  148         513.13 Recreational vehicle parks; ejection eviction;
  149  grounds; proceedings.—
  150         (1) The operator of any recreational vehicle park may
  151  remove or cause to be removed from such park, in the manner
  152  provided in this section, any transient guest of the park who,
  153  while on the premises of the park, illegally possesses or deals
  154  in a controlled substance as defined in chapter 893; who or
  155  disturbs the peace, quiet enjoyment, and comfort of other
  156  persons; who causes harm to the physical park; who violates the
  157  posted park rules and regulations; or who fails to make payment
  158  of rent at the rental rate agreed upon and by the time agreed
  159  upon. The admission of a person to, or the removal of a person
  160  from, any recreational vehicle park may shall not be based upon
  161  race, color, national origin, sex, physical disability, or
  162  creed.
  163         (2) The operator of any recreational vehicle park shall
  164  notify such guest that the park no longer desires to entertain
  165  the guest and shall request that such guest immediately depart
  166  from the park. Such notice shall be given in writing, as
  167  follows: “You are hereby notified that this recreational vehicle
  168  park no longer desires to entertain you as its guest, and you
  169  are requested to leave at once. To remain after receipt of this
  170  notice is a misdemeanor under the laws of this state.” If such
  171  guest has paid in advance, the park shall, at the time such
  172  notice is given, tender to the guest the unused portion of the
  173  advance payment. Any guest who remains or attempts to remain in
  174  such park after being requested to leave commits is guilty of a
  175  misdemeanor of the second degree, punishable as provided in s.
  176  775.082 or s. 775.083.
  177         (3) If a guest has accumulated an outstanding account in
  178  excess of an amount equivalent to 3 three nights’ rent at a
  179  recreational vehicle park, the operator may disconnect all
  180  utilities of the recreational vehicle and notify the guest that
  181  the action is for the purpose of requiring the guest to confront
  182  the operator or permittee and arrange for the payment of the
  183  guest’s account. Such arrangement must be in writing, and a copy
  184  shall be furnished to the guest. Upon entering into such
  185  agreement, the operator shall reconnect the utilities of the
  186  recreational vehicle.
  187         (4) If any person is illegally on the premises of any
  188  recreational vehicle park, the operator of such park may call
  189  upon any law enforcement officer of this state for assistance.
  190  It is the duty of such law enforcement officer, upon the request
  191  of such operator, to remove from the premises or place under
  192  arrest and take into custody for violation of this section any
  193  guest who, according to the park operator, violated violates
  194  subsection (1) or subsection (2) in the presence of the officer.
  195  If a warrant has been issued by the proper judicial officer for
  196  the arrest of any guest who violates violator of subsection (1)
  197  or subsection (2), the officer shall serve the warrant, arrest
  198  the guest person, and take the guest person into custody. Upon
  199  removal or arrest, with or without warrant, the guest is deemed
  200  to have abandoned or given up any right to occupancy or to have
  201  abandoned the guest’s right to occupancy of the premises of the
  202  recreational vehicle park; and the operator of the park shall
  203  employ all reasonable and proper means to care for any personal
  204  property left on the premises by such guest and shall refund any
  205  unused portion of moneys paid by such guest for the occupancy of
  206  such premises. If conditions do not allow for immediate removal
  207  of the guest’s property, he or she may arrange a reasonable
  208  time, not to exceed 48 hours, with the operator to come remove
  209  the property, accompanied by a law enforcement officer.
  210         (5) In addition to the grounds for ejection eviction
  211  established by law, grounds for ejection eviction may be
  212  established in a written lease agreement between a recreational
  213  vehicle park operator or permittee and a recreational vehicle
  214  park occupant.
  215         Section 9. Subsection (18) is added to section 527.01,
  216  Florida Statutes, to read:
  217         527.01 Definitions.—As used in this chapter:
  218         (18) “Recreational vehicle” means a motor vehicle that is
  219  designed to provide temporary living quarters for recreational,
  220  camping, or travel use and that has its own propulsion or is
  221  mounted on or towed by another motor vehicle.
  222         Section 10. Subsection (1) and paragraph (a) of subsection
  223  (5) of section 527.0201, Florida Statutes, are amended to read:
  224         527.0201 Qualifiers; master qualifiers; examinations.—
  225         (1) In addition to the requirements of s. 527.02, a any
  226  person applying for a license to engage in category I, category
  227  II, or category V activities must prove competency by passing a
  228  written examination administered by the department or its agent
  229  with a grade of 70 percent or above in each area tested. Each
  230  applicant for examination shall submit a $20 nonrefundable fee.
  231         (a) The department shall by rule specify the general areas
  232  of competency to be covered by each examination and the relative
  233  weight to be assigned in grading each area tested.
  234         (b) The department shall by rule specify the requirements
  235  for agents qualified to administer the written competency
  236  examinations required by this part.
  237         (c) The department shall by rule establish a separate
  238  written competency examination for persons applying for a
  239  license to engage in category I activities solely related to the
  240  service and repair of recreational vehicles. The category I
  241  recreational vehicle dealer/installer examination shall include
  242  and ensure competency in the following activities as they relate
  243  to recreational vehicles:
  244         1. Operating a liquefied petroleum gas dispensing unit to
  245  serve liquid product to a consumer for industrial, commercial,
  246  or domestic use;
  247         2. Selling or offering to sell, or leasing or offering to
  248  lease, apparatus, appliances, and equipment for the use of
  249  liquefied petroleum gas; and
  250         3. Installing, servicing, or repairing recreational vehicle
  251  liquefied petroleum gas appliances and equipment.
  252         (d) Any qualifier or master qualifier who has passed the
  253  category I recreational vehicle dealer/installer examination may
  254  engage in category I activities solely related to the service
  255  and repair of recreational vehicles.
  256         (5) In addition to all other licensing requirements, each
  257  category I and category V licensee must, at the time of
  258  application for licensure, identify to the department one master
  259  qualifier who is a full-time employee at the licensed location.
  260  This person shall be a manager, owner, or otherwise primarily
  261  responsible for overseeing the operations of the licensed
  262  location and must provide documentation to the department as
  263  provided by rule. The master qualifier requirement shall be in
  264  addition to the requirements of subsection (1).
  265         (a) In order to apply for certification as a master
  266  qualifier, each applicant must have been a registered qualifier
  267  for a minimum of 3 years of verifiable LP gas experience or hold
  268  a professional certification by an LP gas manufacturer as
  269  adopted by department rule immediately preceding submission of
  270  the application, must be employed by a licensed category I or
  271  category V licensee, or an applicant for such license, and must
  272  pass a master qualifier competency examination administered by
  273  the department or its agent. Master qualifier examinations shall
  274  be based on Florida’s laws, rules, and adopted codes governing
  275  liquefied petroleum gas safety, general industry safety
  276  standards, and administrative procedures. The applicant must
  277  successfully pass the examination with a grade of 70 percent or
  278  above. Each applicant for master qualifier registration must
  279  submit to the department a nonrefundable $30 examination fee
  280  before the examination.
  281         Section 11. This act shall take effect July 1, 2020.