January 28, 2021
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       Florida Senate - 2010                              CS for SB 354
       
       
       
       By the Committee on Health Regulation; and Senator Dean
       
       
       
       
       588-01390A-10                                          2010354c1
    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; requiring the department to
   12         adopt rules; amending s. 513.03, F.S.; revising
   13         requirements for permit applications; amending s.
   14         513.045, F.S.; revising fees charged to operators of
   15         certain parks or camps; providing for the assessment
   16         of late fees; authorizing persons to request from the
   17         department a review of plans for a proposed park or
   18         camp; requiring certain construction and renovation
   19         plans to be submitted to the department for review and
   20         approval; amending s. 513.05, F.S.; providing the
   21         department with additional rulemaking authority;
   22         amending s. 513.051, F.S.; providing for state
   23         preemption of regulatory and permitting authority for
   24         sanitary and other standards for parks and camps under
   25         ch. 513, F.S.; amending s. 513.054, F.S.; providing
   26         that an operator of a mobile home or recreational
   27         vehicle park or camp who refuses to pay the operating
   28         permit fee required by law or who fails, neglects, or
   29         refuses to obtain an operating permit for the park
   30         commits a misdemeanor of the second degree; amending
   31         s. 513.055, F.S.; conforming permit terminology;
   32         amending s. 513.10, F.S.; providing that a person who
   33         operates a mobile home, lodging, or recreational
   34         vehicle park without a permit commits a misdemeanor of
   35         the second degree; repealing s. 513.111, F.S.,
   36         relating to the posting and advertising of certain
   37         site rates; creating s. 513.1115, F.S.; providing
   38         requirements for the establishment of separation and
   39         setback distances; amending s. 513.112, F.S.; deleting
   40         a provision requiring guest registers to be made
   41         available for inspection by the department at any
   42         time; amending s. 513.115, F.S.; revising requirements
   43         for the handling of unclaimed property; amending s.
   44         513.13, F.S.; providing a penalty for failure to
   45         depart from a park under certain circumstances;
   46         barring an operator from certain liability; providing
   47         an effective date.
   48  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Subsection (3) of section 513.01, Florida
   52  Statutes, is amended, present subsections (5) through (11) of
   53  that section are renumbered as subsections (6) through (12),
   54  respectively, a new subsection (5) is added to that section, to
   55  read:
   56         513.01 Definitions.—As used in this chapter, the term:
   57         (3) “Mobile home” means a residential structure that is
   58  transportable in one or more sections, which structure is 8 body
   59  feet (2.4 meters) or more in width, over 35 feet in length with
   60  the hitch, built on an integral chassis, and designed to be used
   61  as a dwelling when connected to the required utilities, and not
   62  originally sold as a recreational vehicle, and includes the
   63  plumbing, heating, air-conditioning, and electrical systems
   64  contained in the structure.
   65         (5) “Occupancy” means the length of time that a
   66  recreational vehicle is occupied by a transient guest and not
   67  the length of time that such vehicle is located on the leased
   68  recreational vehicle site. A recreational vehicle may be stored
   69  and tied down on site when not in use to accommodate the needs
   70  of the guest. The attachment of a recreational vehicle to the
   71  ground by way of tie-downs or other removable fasteners, and the
   72  attachment of carports, porches, screen rooms, and similar
   73  appurtenances by way of removable attaching devices, do not
   74  render the recreational vehicle a permanent part of the
   75  recreational vehicle site.
   76         Section 2. Section 513.012, Florida Statutes, is amended to
   77  read:
   78         513.012 Public health laws; enforcement.—It is the intent
   79  of the Legislature that mobile home parks, lodging parks,
   80  recreational vehicle parks, and recreational camps be regulated
   81  under this chapter. As such, the department shall uniformly
   82  administer and enforce, with respect to such parks and camps
   83  throughout this state, laws and rules provided pursuant ss.
   84  513.01-513.1115 which are related, but not limited, relating to
   85  sanitation, control of communicable diseases, illnesses and
   86  hazards to health among humans and from animals to humans, and
   87  the general health of the people of the state. However, nothing
   88  in this chapter qualifies a mobile home park, a lodging park, a
   89  recreational vehicle park, or a recreational camp for a liquor
   90  license issued under s. 561.20(2)(a)1. Mobile home parks,
   91  lodging parks, recreational vehicle parks, and recreational
   92  camps regulated under this chapter are exempt from regulation
   93  under the provisions of chapter 509.
   94         Section 3. Section 513.014, Florida Statutes, is amended to
   95  read:
   96         513.014 Applicability of recreational vehicle park
   97  provisions to mobile home parks.—A mobile home park that has
   98  five or more sites set aside for recreational vehicles shall,
   99  for those sites set aside for recreational vehicles, comply with
  100  the recreational vehicle park requirements included in this
  101  chapter. This section does not require a mobile home park with
  102  spaces set aside for recreational vehicles to obtain two
  103  licenses. However, a mobile home park that rents spaces to
  104  recreational vehicles on the basis of long-term leases is
  105  required to comply with the laws and rules relating to mobile
  106  home parks including but not limited to chapter 723, if
  107  applicable.
  108         Section 4. Section 513.02, Florida Statutes, is amended to
  109  read:
  110         513.02 Permits Permit.—
  111         (1) A person may not establish or maintain a mobile home
  112  park, lodging park, recreational vehicle park, or recreational
  113  camp in this state without first obtaining an operating a permit
  114  from the department. Such permit is not transferable from one
  115  place or person to another. Each permit must be renewed
  116  annually.
  117         (2) Prior to commencement of construction of a new park or
  118  camp, or any change to an existing park or camp which requires
  119  construction of new sanitary facilities or additional permitted
  120  sites, a person who operates or maintains such park or camp must
  121  contact the department to receive a construction review and
  122  approval. The items required to be submitted and the process for
  123  issuing a construction review and approval shall be set by
  124  department rule.
  125         (3)(a) An operating permit is not transferable from one
  126  place or person to another. Each permit must be renewed
  127  annually.
  128         (b)(2) The department may refuse to issue an operating a
  129  permit to, or refuse to renew the operating permit of, any park
  130  or camp that is not constructed or maintained in accordance with
  131  law and with the rules of the department.
  132         (c)(3) The department may suspend or revoke an operating a
  133  permit issued to any person that operates or maintains such a
  134  park or camp if such person fails to comply with this chapter or
  135  the rules adopted by the department under this chapter.
  136         (d)(4)An operating A permit for the operation of a park or
  137  camp may not be renewed or transferred if the permittee has an
  138  outstanding fine assessed pursuant to this chapter which is in
  139  final-order status and judicial reviews are exhausted, unless
  140  the transferee agrees to assume the outstanding fine.
  141         (e)(5) When a park or camp regulated under this chapter is
  142  sold or its ownership transferred, the purchaser transferee must
  143  apply for an operating a permit to the department within 30 days
  144  after before the date of sale transfer. The applicant must
  145  provide the department with a copy of the recorded deed or lease
  146  agreement before the department may issue an operating a permit
  147  to the applicant.
  148         Section 5. Section 513.03, Florida Statutes, is amended to
  149  read:
  150         513.03 Application for and issuance of permit.—
  151         (1) An application for an operating a permit must be made
  152  in writing to the department, on a form prescribed by the
  153  department. The application must state the location of the
  154  existing or proposed park or camp;, the type of park or camp;,
  155  the number of mobile homes or recreational vehicles to be
  156  accommodated; or the number of recreational campsites,
  157  buildings, and sites set aside for group camping, including
  158  barracks, cabins, cottages, and tent spaces; the type of water
  159  supply;, the method of sewage disposal;, and any other
  160  information the department requires.
  161         (2) If the department is satisfied, after reviewing the
  162  application of the proposed or existing park or camp and causing
  163  an inspection to be made, that the park or camp complies with
  164  this chapter and is so located, constructed, and equipped as not
  165  to be a source of danger to the health of the general public,
  166  the department shall issue the necessary construction approval
  167  or operating permit, in writing, on a form prescribed by the
  168  department.
  169         Section 6. Subsection (1) of section 513.045, Florida
  170  Statutes, is amended to read:
  171         513.045 Permit fees.—
  172         (1)(a) Each person seeking a permit to establish, operate,
  173  or maintain a mobile home park, lodging park, recreational
  174  vehicle park, or recreational camp must pay to the department a
  175  fee, the amount of which shall be set by rule of the department.
  176         (b) Fees established pursuant to this subsection must be
  177  based on the actual costs incurred by the department in carrying
  178  out its responsibilities under this chapter.
  179         1. The fee for an annual operating a permit may not be set
  180  at a rate that is more than $6.50 per space or less than $3.50
  181  per space. Until rules setting these fees are adopted by the
  182  department, the permit fee per space is $3.50. The annual
  183  operating permit fee for a nonexempt recreational camp shall be
  184  based on an equivalency rate for which two camp occupants equal
  185  one space. The total fee assessed to an applicant for an annual
  186  operating permit may not be more than $600 or less than $50,
  187  except that a fee may be prorated on a quarterly basis. Failure
  188  to pay an annual operating permit fee in a timely manner shall
  189  result in the assessment of late fees by the department.
  190         2. A person who seeks department review of plans for a
  191  proposed park or camp may submit such plans to the department
  192  for an assessment of whether such plans meet the requirements of
  193  this chapter and the rules adopted under this chapter.
  194         3. A person constructing a new park or camp or adding
  195  spaces or renovating an existing park or camp shall, prior to
  196  such construction, renovation, or addition, submit construction
  197  plans to the department for department review and approval.
  198         (c) A recreational camp operated by a civic, fraternal,
  199  educational, or religious organization that does not rent to the
  200  public is exempt from the fee requirements of this subsection.
  201         Section 7. Section 513.05, Florida Statutes, is amended to
  202  read:
  203         513.05 Rules.—The department may adopt rules pertaining to
  204  the location, construction, modification, equipment, and
  205  operation of mobile home parks, lodging parks, recreational
  206  vehicle parks, and recreational camps, except as provided in s.
  207  633.022, as necessary to administer this chapter. Such rules may
  208  include definitions of terms; requirements for temporary events
  209  at unlicensed locations which may require a temporary operating
  210  permit under this chapter; plan reviews of proposed and existing
  211  parks and camps; plan reviews of parks that consolidate or
  212  expand space or capacity or change space size; water supply;
  213  sewage collection and disposal; plumbing and backflow
  214  prevention; garbage and refuse storage, collection, and
  215  disposal; insect and rodent control; space requirements; heating
  216  facilities; food service; lighting; sanitary facilities;
  217  bedding; an occupancy equivalency to spaces for permits for
  218  recreational camps; sanitary facilities in recreational vehicle
  219  parks; and the owners’ responsibilities at recreational vehicle
  220  parks and recreational camps.
  221         Section 8. Section 513.051, Florida Statutes, is amended to
  222  read:
  223         513.051 Preemption.—The department is the exclusive
  224  regulatory and permitting authority for sanitary and other
  225  standards set forth in ss. 513.01-513.1115 for all mobile home
  226  parks, lodging parks, recreational vehicle parks, and
  227  recreational camps in accordance with the provisions of this
  228  chapter. All regulation of mobile home parks, lodging parks,
  229  recreational vehicle parks, and recreational camps subject to
  230  ss. 513.01-513.1115 is expressly preempted to the state. Every
  231  unit of local government is prohibited from taking any action,
  232  including the enacting of any rule, regulation, or ordinance,
  233  with respect to the matters and things hereby preempted to the
  234  state.
  235         Section 9. Section 513.054, Florida Statutes, is amended to
  236  read:
  237         513.054 Penalties for specified offenses by operator.—
  238         (1) Any operator of a mobile home park, lodging park, or
  239  recreational vehicle park, or a recreational camp who obstructs
  240  or hinders any agent of the department in the proper discharge
  241  of the agent’s duties; who fails, neglects, or refuses to obtain
  242  an operating a permit for the park or camp or refuses to pay the
  243  operating permit fee required by law; or who fails or refuses to
  244  perform any duty imposed upon the operator by law or rule
  245  commits is guilty of a misdemeanor of the second degree,
  246  punishable as provided in s. 775.082 or s. 775.083.
  247         (2) On each day that such park or camp is operated in
  248  violation of law or rule, there is a separate offense.
  249         Section 10. Section 513.055, Florida Statutes, is amended
  250  to read:
  251         513.055 Revocation or suspension of operating permit;
  252  fines; procedure.—
  253         (1)(a) The department may suspend or revoke an operating a
  254  permit issued to any person for a mobile home park, lodging
  255  park, recreational vehicle park, or recreational camp upon the
  256  failure of that person to comply with this chapter or the rules
  257  adopted under this chapter.
  258         (b) An operating A permit may not be suspended under this
  259  section for a period of more than 12 months. At the end of the
  260  period of suspension, the permittee may apply for reinstatement
  261  or renewal of the operating permit. A person whose operating
  262  permit is revoked may not apply for another operating permit for
  263  that location prior to the date on which the revoked operating
  264  permit would otherwise have expired.
  265         (2)(a) In lieu of such suspension or revocation of an
  266  operating a permit, the department may impose a fine against a
  267  permittee for the permittee’s failure to comply with the
  268  provisions described in paragraph (1)(a) or may place such
  269  licensee on probation. No fine so imposed shall exceed $500 for
  270  each offense, and all amounts collected in fines shall be
  271  deposited with the Chief Financial Officer to the credit of the
  272  County Health Department Trust Fund.
  273         (b) In determining the amount of fine to be imposed, if
  274  any, for a violation, the department shall consider the
  275  following factors:
  276         1. The gravity of the violation and the extent to which the
  277  provisions of the applicable statutes or rules have been
  278  violated.
  279         2. Any action taken by the operator to correct the
  280  violation.
  281         3. Any previous violation.
  282         Section 11. Subsection (1) of section 513.10, Florida
  283  Statutes, is amended to read:
  284         513.10 Operating without permit; enforcement of chapter;
  285  penalties.—
  286         (1) Any person who maintains or operates a mobile home
  287  park, lodging park, recreational vehicle park, or recreational
  288  camp without first obtaining an operating a permit as required
  289  by s. 513.02, or who maintains or operates such a park or camp
  290  after revocation of the operating permit, commits is guilty of a
  291  misdemeanor of the second degree, punishable as provided in s.
  292  775.082 or s. 775.083.
  293         Section 12. Section 513.111, Florida Statutes, is repealed.
  294         Section 13. Section 513.1115, Florida Statutes, is created
  295  to read:
  296         513.1115 Placement of recreational vehicles on lots in
  297  permitted parks.—
  298         (1) Separation distances between recreational vehicles
  299  shall be the distances established at the time of initial
  300  approval of the recreational vehicle park by the department or
  301  as historically applied by the local government. This subsection
  302  does not limit the regulation of the uniform firesafety
  303  standards established under s. 633.022.
  304         (2) Setback distances from the exterior property boundary
  305  of the recreational vehicle park shall be in accordance with the
  306  setback distances applicable at the time of the approval by the
  307  department for construction of the recreational vehicle park.
  308         Section 14. Subsection (1) of section 513.112, Florida
  309  Statutes, is amended to read:
  310         513.112 Maintenance of guest register and copy of laws.—
  311         (1) It is the duty of each operator of a recreational
  312  vehicle park that rents to transient guests to maintain at all
  313  times a register, signed by or for guests who occupy rental
  314  sites within the park. The register must show the dates upon
  315  which the rental sites were occupied by such guests and the
  316  rates charged for the guests’ occupancy. This register shall be
  317  maintained in chronological order and shall be available for
  318  inspection by the department at any time. An operator is not
  319  required to retain a register that is more than 2 years old.
  320         Section 15. Section 513.115, Florida Statutes, is amended
  321  to read:
  322         513.115 Unclaimed property.—Any property having an
  323  identifiable owner which is left in a recreational vehicle park
  324  by a guest, including, but not limited to, other than property
  325  belonging to a guest who has vacated the premises without notice
  326  to the operator and with an outstanding account, which property
  327  remains unclaimed after having been held by the park for 90 days
  328  after written notice was provided to the guest or the owner of
  329  the property, may be disposed of by becomes the property of the
  330  park.
  331         Section 16. Subsections (2) and (4) of section 513.13,
  332  Florida Statutes, are amended to read:
  333         513.13 Recreational vehicle parks; eviction; grounds;
  334  proceedings.—
  335         (2) The operator of any recreational vehicle park shall
  336  notify such guest that the park no longer desires to entertain
  337  the guest and shall request that such guest immediately depart
  338  from the park. Such notice shall be given in writing. If such
  339  guest has paid in advance, the park shall, at the time such
  340  notice is given, tender to the guest the unused portion of the
  341  advance payment. Any guest who remains or attempts to remain in
  342  such park after being requested to leave commits is guilty of a
  343  misdemeanor of the second degree, punishable as provided in s.
  344  775.082 or s. 775.083. If the notice is given in the presence of
  345  a law enforcement officer by posting or personal delivery and
  346  the person fails to depart from the park immediately, the person
  347  commits a misdemeanor of the second degree, punishable as
  348  provided in s. 775.082 or s. 775.083.
  349         (4) If any person is illegally on the premises of any
  350  recreational vehicle park, the operator of such park may call
  351  upon any law enforcement officer of this state for assistance.
  352  It is the duty of such law enforcement officer, upon the request
  353  of such operator, to place under arrest and take into custody
  354  for violation of this section any guest who violates subsection
  355  (1) or subsection (2) in the presence of the officer. If a
  356  warrant has been issued by the proper judicial officer for the
  357  arrest of any violator of subsection (1) or subsection (2), the
  358  officer shall serve the warrant, arrest the person, and take the
  359  person into custody. Upon arrest, with or without warrant, the
  360  guest is deemed to have given up any right to occupancy or to
  361  have abandoned the guest’s right to occupancy of the premises of
  362  the recreational vehicle park; and the operator of the park
  363  shall employ all reasonable and proper means to care for any
  364  personal property left on the premises by such guest and shall
  365  refund any unused portion of moneys paid by such guest for the
  366  occupancy of such premises. The operator is not liable for
  367  damages to personal property left on the premises by a guest who
  368  violates subsection (1) or subsection (2) and is arrested by a
  369  law enforcement officer.
  370         Section 17. This act shall take effect July 1, 2010.

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