January 28, 2021
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       Florida Senate - 2010                                     SB 354
       
       
       
       By Senator Dean
       
       
       
       
       3-00224-10                                             2010354__
    1                        A bill to be entitled                      
    2         An act relating to mobile home and recreational
    3         vehicle parks; amending s. 513.01, F.S.; providing and
    4         revising definitions; amending s. 513.012, F.S.;
    5         specifying laws and rules to be enforced by the
    6         Department of Health; amending s. 513.014, F.S.;
    7         revising applicability of recreational vehicle park
    8         requirements to mobile home parks; amending s. 513.02,
    9         F.S.; revising permit requirements; providing
   10         requirements for construction review and approval for
   11         private parks and camps; amending s. 513.03, F.S.;
   12         revising requirements for permit applications;
   13         amending s. 513.045, F.S.; revising fees charged to
   14         operators of certain parks or camps; providing for the
   15         assessment of late fees; authorizing persons to
   16         request from the department a review of plans for a
   17         proposed park or camp; authorizing a fee for such
   18         review; requiring certain construction and renovation
   19         plans to be submitted to the department for review and
   20         approval; requiring the department to establish fees
   21         for review of such plans; amending s. 513.05, F.S.;
   22         providing the department with additional rulemaking
   23         authority; amending s. 513.051, F.S.; providing for
   24         state preemption of regulatory and permitting
   25         authority for sanitary and other standards for parks
   26         and camps under ch. 513, F.S.; amending s. 513.054,
   27         F.S.; providing that an operator of a mobile home or
   28         recreational vehicle park or camp who refuses to pay
   29         the operating permit fee required by law or who fails,
   30         neglects, or refuses to obtain an operating permit for
   31         the park commits a misdemeanor of the second degree;
   32         amending s. 513.055, F.S.; conforming permit
   33         terminology; amending s. 513.10, F.S.; providing that
   34         a person who operates a mobile home, lodging, or
   35         recreational vehicle park without a permit commits a
   36         misdemeanor of the second degree; repealing s.
   37         513.111, F.S., relating to the posting and advertising
   38         of certain site rates; creating s. 513.1115, F.S.;
   39         providing requirements for the establishment of
   40         separation and setback distances; amending s. 513.112,
   41         F.S.; deleting a provision requiring guest registers
   42         to be made available for inspection by the department
   43         at any time; amending s. 513.115, F.S.; revising
   44         requirements for the handling of unclaimed property;
   45         amending s. 513.13, F.S.; providing a penalty for
   46         failure to depart from a park under certain
   47         circumstances; barring an operator from certain
   48         liability; providing an effective date.
   49  
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Subsections (5) through (11) of section 513.01,
   53  Florida Statutes, are renumbered as subsections (6) through
   54  (12), respectively, a new subsection (5) is added to that
   55  section, and present subsections (3) and (9) of that section are
   56  amended, to read:
   57         513.01 Definitions.—As used in this chapter, the term:
   58         (3) “Mobile home” means a residential structure that is
   59  transportable in one or more sections, which structure is 8 body
   60  feet (2.4 meters) or more in width, over 35 feet in length with
   61  the hitch, built on an integral chassis, and designed to be used
   62  as a dwelling when connected to the required utilities, and not
   63  originally sold as a recreational vehicle, and includes the
   64  plumbing, heating, air-conditioning, and electrical systems
   65  contained in the structure.
   66         (5) “Occupancy” means the length of time that a
   67  recreational vehicle is occupied by a transient guest and not
   68  the length of time that such vehicle is located on the leased
   69  recreational vehicle site. During the term of the lease, a
   70  recreational vehicle may be stored and tied down on site when
   71  not in use to accommodate the needs of the guest. The affixing
   72  of a recreational vehicle to the ground by way of tie-downs or
   73  other removable fasteners, and the attachment of carports,
   74  porches, screen rooms, and similar appurtenances by way of
   75  removable attaching devices, do not render the recreational
   76  vehicle a permanent part of the recreational vehicle site.
   77         (10)(9) “Recreational vehicle” has the same meaning as
   78  provided for the term “recreational vehicle-type unit” in s.
   79  320.01. However, the terms “temporary living quarters” and
   80  “seasonal or temporary living quarters” as used in s. 320.01, in
   81  reference to recreational vehicles placed in recreational
   82  vehicle parks, relate to the period of time the recreational
   83  vehicle is occupied as living quarters during each year and not
   84  to the period of time it is located in the recreational vehicle
   85  park. During the time the recreational vehicle is not occupied
   86  as temporary or seasonal quarters, it may be stored and tied
   87  down on the recreational vehicle site. The affixing of a
   88  recreational vehicle to the ground by way of tie-downs or other
   89  removable fasteners, and the attachment of carports, porches,
   90  screen rooms, and similar appurtenances by way of removable
   91  attaching devices, does not render the recreational vehicle a
   92  permanent part of the recreational vehicle site.
   93         Section 2. Section 513.012, Florida Statutes, is amended to
   94  read:
   95         513.012 Public health laws; enforcement.—It is the intent
   96  of the Legislature that mobile home parks, lodging parks,
   97  recreational vehicle parks, and recreational camps be regulated
   98  under this chapter. As such, the department shall administer and
   99  enforce, with respect to such parks and camps, laws and rules
  100  provided pursuant ss. 513.01-513.1115 which are related, but not
  101  limited, relating to sanitation, control of communicable
  102  diseases, illnesses and hazards to health among humans and from
  103  animals to humans, and the general health of the people of the
  104  state. However, nothing in this chapter qualifies a mobile home
  105  park, a lodging park, a recreational vehicle park, or a
  106  recreational camp for a liquor license issued under s.
  107  561.20(2)(a)1. Mobile home parks, lodging parks, recreational
  108  vehicle parks, and recreational camps regulated under this
  109  chapter are exempt from regulation under the provisions of
  110  chapter 509.
  111         Section 3. Section 513.014, Florida Statutes, is amended to
  112  read:
  113         513.014 Applicability of recreational vehicle park
  114  provisions to mobile home parks.—A mobile home park that has
  115  five or more sites set aside for recreational vehicles shall,
  116  for those sites set aside for recreational vehicles, comply with
  117  the recreational vehicle park requirements included in this
  118  chapter. This section does not require a mobile home park with
  119  spaces set aside for recreational vehicles to obtain two
  120  licenses. However, a mobile home park that rents spaces to
  121  recreational vehicles on the basis of long-term leases is
  122  required to comply with the laws and rules relating to mobile
  123  home parks including but not limited to chapter 723, if
  124  applicable.
  125         Section 4. Section 513.02, Florida Statutes, is amended to
  126  read:
  127         513.02 Permits Permit.—
  128         (1) A person may not establish or maintain a mobile home
  129  park, lodging park, recreational vehicle park, or recreational
  130  camp in this state without first obtaining an operating a permit
  131  from the department. Such permit is not transferable from one
  132  place or person to another. Each permit must be renewed
  133  annually.
  134         (2) Prior to commencement of construction of a new park or
  135  camp, or any change to an existing park or camp that requires
  136  construction of new sanitary facilities or additional permitted
  137  sites, a person who operates or maintains such park or camp must
  138  contact the department to receive a construction review and
  139  approval. The items required to be submitted and the process for
  140  issuing a construction review and approval shall be set by
  141  department rule.
  142         (3)(a) An operating permit is not transferable from one
  143  place or person to another. Each permit must be renewed
  144  annually.
  145         (b)(2) The department may refuse a permit to, or refuse to
  146  renew the operating permit of, any park or camp that is not
  147  constructed or maintained in accordance with law and with the
  148  rules of the department.
  149         (c)(3) The department may suspend or revoke an operating a
  150  permit issued to any person that operates or maintains such a
  151  park or camp if such person fails to comply with this chapter or
  152  the rules adopted by the department under this chapter.
  153         (d)(4)An operating A permit for the operation of a park or
  154  camp may not be renewed or transferred if the permittee has an
  155  outstanding fine assessed pursuant to this chapter which is in
  156  final-order status and judicial reviews are exhausted, unless
  157  the transferee agrees to assume the outstanding fine.
  158         (e)(5) When a park or camp regulated under this chapter is
  159  sold or its ownership transferred, the purchaser transferee must
  160  apply for an operating a permit to the department within 30 days
  161  after before the date of sale transfer. The applicant must
  162  provide the department with a copy of the recorded deed or lease
  163  agreement before the department may issue an operating a permit
  164  to the applicant.
  165         Section 5. Section 513.03, Florida Statutes, is amended to
  166  read:
  167         513.03 Application for and issuance of permit.—
  168         (1) An application for an operating a permit must be made
  169  in writing to the department, on a form prescribed by the
  170  department. The application must state the location of the
  171  existing or proposed park or camp;, the type of park or camp;,
  172  the number of mobile homes or recreational vehicles to be
  173  accommodated; or the number of recreational campsites,
  174  buildings, and sites set aside for group camping, including
  175  barracks, cabins, cottages, and tent spaces; the type of water
  176  supply;, the method of sewage disposal;, and any other
  177  information the department requires.
  178         (2) If the department is satisfied, after reviewing the
  179  application of the proposed or existing park or camp and causing
  180  an inspection to be made, that the park or camp complies with
  181  this chapter and is so located, constructed, and equipped as not
  182  to be a source of danger to the health of the general public,
  183  the department shall issue the necessary construction approval
  184  or operating permit, in writing, on a form prescribed by the
  185  department.
  186         Section 6. Subsection (1) of section 513.045, Florida
  187  Statutes, is amended to read:
  188         513.045 Permit fees.—
  189         (1)(a) Each person seeking a permit to establish, operate,
  190  or maintain a mobile home park, lodging park, recreational
  191  vehicle park, or recreational camp must pay to the department
  192  the fees imposed under this section a fee, the amount of which
  193  shall be set by rule of the department.
  194         (b) Fees established pursuant to this subsection must be
  195  based on the actual costs incurred by the department in carrying
  196  out its responsibilities under this chapter.
  197         1. The fee for an annual operating a permit may not be set
  198  at a rate that is more than $6.50 per space or less than $3.50
  199  per space. Until rules setting these fees are adopted by the
  200  department, the permit fee per space is $3.50. The annual
  201  operating permit fee for a nonexempt recreational camp shall be
  202  based on an equivalency rate for which two camp occupants equal
  203  one space. The total fee assessed to an applicant for an annual
  204  operating permit may not be more than $600 or less than $50,
  205  except that a fee may be prorated on a quarterly basis. Failure
  206  to pay an annual operating permit fee in a timely manner shall
  207  result in the assessment of late fees by the department.
  208         2. A person who seeks department review of plans for a
  209  proposed park or camp may submit such plans to the department
  210  for an assessment of whether such plans meet the requirements of
  211  this chapter and the rules adopted under this chapter. The
  212  department may charge a fee established by rule for review of
  213  such plans, which may not exceed an amount sufficient to cover
  214  the cost to the department of such review.
  215         3. A person constructing a new park or camp or adding
  216  spaces or renovating an existing park or camp shall, prior to
  217  such construction, renovation, or addition, submit construction
  218  plans to the department for department review and approval. The
  219  department shall establish by rule a fee for such construction
  220  plan review and approval. Such fee shall include but not exceed
  221  an amount sufficient to cover the costs incurred by the
  222  department for plan review and inspections conducted prior to
  223  the opening of the park.
  224         (c) A recreational camp operated by a civic, fraternal,
  225  educational, or religious organization that does not rent to the
  226  public is exempt from the fee requirements of this subsection.
  227         Section 7. Section 513.05, Florida Statutes, is amended to
  228  read:
  229         513.05 Rules.—The department may adopt rules pertaining to
  230  the location, construction, modification, equipment, and
  231  operation of mobile home parks, lodging parks, recreational
  232  vehicle parks, and recreational camps, except as provided in s.
  233  633.022, as necessary to administer this chapter. Such rules may
  234  include definitions of terms; requirements for temporary events
  235  at unlicensed locations which may require a temporary operating
  236  permit under this chapter; plan reviews of proposed and existing
  237  parks and camps; plan reviews of parks that consolidate or
  238  expand space or capacity or change space size; water supply;
  239  sewage collection and disposal; plumbing and backflow
  240  prevention; garbage and refuse storage, collection, and
  241  disposal; insect and rodent control; space requirements; heating
  242  facilities; food service; lighting; sanitary facilities;
  243  bedding; an occupancy equivalency to spaces for permits for
  244  recreational camps; sanitary facilities in recreational vehicle
  245  parks; and the owners’ responsibilities at recreational vehicle
  246  parks and recreational camps.
  247         Section 8. Section 513.051, Florida Statutes, is amended to
  248  read:
  249         513.051 Preemption.—The department is the exclusive
  250  regulatory and permitting authority for sanitary and other
  251  standards set forth in ss. 513.01-513.1115 for all mobile home
  252  parks, lodging parks, recreational vehicle parks, and
  253  recreational camps in accordance with the provisions of this
  254  chapter. All regulation of mobile home parks, lodging parks,
  255  recreational vehicle parks, and recreational camps subject to
  256  ss. 513.01-513.1115 is expressly preempted to the state. Every
  257  unit of local government is prohibited from taking any action,
  258  including the enacting of any rule, regulation, or ordinance,
  259  with respect to the matters and things hereby preempted to the
  260  state.
  261         Section 9. Section 513.054, Florida Statutes, is amended to
  262  read:
  263         513.054 Penalties for specified offenses by operator.—
  264         (1) Any operator of a mobile home park, lodging park, or
  265  recreational vehicle park, or a recreational camp who obstructs
  266  or hinders any agent of the department in the proper discharge
  267  of the agent’s duties; who fails, neglects, or refuses to obtain
  268  an operating a permit for the park or camp or refuses to pay the
  269  operating permit fee required by law; or who fails or refuses to
  270  perform any duty imposed upon the operator by law or rule
  271  commits is guilty of a misdemeanor of the second degree,
  272  punishable as provided in s. 775.082 or s. 775.083.
  273         (2) On each day that such park or camp is operated in
  274  violation of law or rule, there is a separate offense.
  275         Section 10. Section 513.055, Florida Statutes, is amended
  276  to read:
  277         513.055 Revocation or suspension of operating permit;
  278  fines; procedure.—
  279         (1)(a) The department may suspend or revoke an operating a
  280  permit issued to any person for a mobile home park, lodging
  281  park, recreational vehicle park, or recreational camp upon the
  282  failure of that person to comply with this chapter or the rules
  283  adopted under this chapter.
  284         (b) An operating A permit may not be suspended under this
  285  section for a period of more than 12 months. At the end of the
  286  period of suspension, the permittee may apply for reinstatement
  287  or renewal of the operating permit. A person whose operating
  288  permit is revoked may not apply for another operating permit for
  289  that location prior to the date on which the revoked operating
  290  permit would otherwise have expired.
  291         (2)(a) In lieu of such suspension or revocation of an
  292  operating a permit, the department may impose a fine against a
  293  permittee for the permittee’s failure to comply with the
  294  provisions described in paragraph (1)(a) or may place such
  295  licensee on probation. No fine so imposed shall exceed $500 for
  296  each offense, and all amounts collected in fines shall be
  297  deposited with the Chief Financial Officer to the credit of the
  298  County Health Department Trust Fund.
  299         (b) In determining the amount of fine to be imposed, if
  300  any, for a violation, the department shall consider the
  301  following factors:
  302         1. The gravity of the violation and the extent to which the
  303  provisions of the applicable statutes or rules have been
  304  violated.
  305         2. Any action taken by the operator to correct the
  306  violation.
  307         3. Any previous violation.
  308         Section 11. Subsection (1) of section 513.10, Florida
  309  Statutes, is amended to read:
  310         513.10 Operating without permit; enforcement of chapter;
  311  penalties.—
  312         (1) Any person who maintains or operates a mobile home
  313  park, lodging park, recreational vehicle park, or recreational
  314  camp without first obtaining an operating a permit as required
  315  by s. 513.02, or who maintains or operates such a park or camp
  316  after revocation of the operating permit, commits is guilty of a
  317  misdemeanor of the second degree, punishable as provided in s.
  318  775.082 or s. 775.083.
  319         Section 12. Section 513.111, Florida Statutes, is repealed.
  320         Section 13. Section 513.1115, Florida Statutes, is created
  321  to read:
  322         513.1115 Placement of recreational vehicles on lots in
  323  permitted parks.—
  324         (1) Separation distances between recreational vehicles
  325  shall be the distances established at the time of initial
  326  approval of the recreational vehicle park by the department or
  327  as historically applied by the local government. This subsection
  328  does not limit the regulation of the uniform firesafety
  329  standards established under s. 633.022.
  330         (2) Setback distances from the exterior property boundary
  331  of the recreational vehicle park shall be in accordance with the
  332  setback distances applicable at the time of the approval by the
  333  department for construction of the recreational vehicle park.
  334         Section 14. Subsection (1) of section 513.112, Florida
  335  Statutes, is amended to read:
  336         513.112 Maintenance of guest register and copy of laws.—
  337         (1) It is the duty of each operator of a recreational
  338  vehicle park that rents to transient guests to maintain at all
  339  times a register, signed by or for guests who occupy rental
  340  sites within the park. The register must show the dates upon
  341  which the rental sites were occupied by such guests and the
  342  rates charged for the guests’ occupancy. This register shall be
  343  maintained in chronological order and shall be available for
  344  inspection by the department at any time. An operator is not
  345  required to retain a register that is more than 2 years old.
  346         Section 15. Section 513.115, Florida Statutes, is amended
  347  to read:
  348         513.115 Unclaimed property.—Any property having an
  349  identifiable owner which is left in a recreational vehicle park
  350  by a guest, including, but not limited to, other than property
  351  belonging to a guest who has vacated the premises without notice
  352  to the operator and with an outstanding account, which property
  353  remains unclaimed after having been held by the park for 90 days
  354  after written notice was provided to the guest or the owner of
  355  the property, may be disposed of by becomes the property of the
  356  park.
  357         Section 16. Subsections (2) and (4) of section 513.13,
  358  Florida Statutes, are amended to read:
  359         513.13 Recreational vehicle parks; eviction; grounds;
  360  proceedings.—
  361         (2) The operator of any recreational vehicle park shall
  362  notify such guest that the park no longer desires to entertain
  363  the guest and shall request that such guest immediately depart
  364  from the park. Such notice shall be given in writing. If such
  365  guest has paid in advance, the park shall, at the time such
  366  notice is given, tender to the guest the unused portion of the
  367  advance payment. Any guest who remains or attempts to remain in
  368  such park after being requested to leave commits is guilty of a
  369  misdemeanor of the second degree, punishable as provided in s.
  370  775.082 or s. 775.083. If the notice is given in the presence of
  371  a law enforcement officer by posting or personal delivery and
  372  the person fails to depart from the park immediately, the person
  373  commits a misdemeanor of the second degree, punishable as
  374  provided in s. 775.082 or s. 775.083.
  375         (4) If any person is illegally on the premises of any
  376  recreational vehicle park, the operator of such park may call
  377  upon any law enforcement officer of this state for assistance.
  378  It is the duty of such law enforcement officer, upon the request
  379  of such operator, to place under arrest and take into custody
  380  for violation of this section any guest who violates subsection
  381  (1) or subsection (2) in the presence of the officer. If a
  382  warrant has been issued by the proper judicial officer for the
  383  arrest of any violator of subsection (1) or subsection (2), the
  384  officer shall serve the warrant, arrest the person, and take the
  385  person into custody. Upon arrest, with or without warrant, the
  386  guest is deemed to have given up any right to occupancy or to
  387  have abandoned the guest’s right to occupancy of the premises of
  388  the recreational vehicle park; and the operator of the park
  389  shall employ all reasonable and proper means to care for any
  390  personal property left on the premises by such guest and shall
  391  refund any unused portion of moneys paid by such guest for the
  392  occupancy of such premises. The operator is not liable for
  393  damages to personal property left on the premises by a guest who
  394  violates subsection (1) or subsection (2) and is arrested by a
  395  law enforcement officer.
  396         Section 17. This act shall take effect July 1, 2010.

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