January 28, 2021
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       Florida Senate - 2010                       CS for CS for SB 354
       
       
       
       By the Committees on Community Affairs; and Health Regulation;
       and Senator Dean
       
       
       
       578-02161-10                                           2010354c2
    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; providing for the adoption of
    7         rules; amending s. 513.014, F.S.; revising
    8         applicability of recreational vehicle park
    9         requirements to mobile home parks; amending s. 513.02,
   10         F.S.; revising permit requirements; providing
   11         requirements for construction review and approval for
   12         private parks and camps; requiring the department to
   13         adopt rules; amending s. 513.03, F.S.; revising
   14         requirements for permit applications; amending s.
   15         513.045, F.S.; revising fees charged to operators of
   16         certain parks or camps; providing for the assessment
   17         of late fees; authorizing persons to request from the
   18         department a review of plans for a proposed park or
   19         camp; requiring certain construction and renovation
   20         plans to be submitted to the department for review and
   21         approval; amending s. 513.05, F.S.; providing the
   22         department with additional rulemaking authority;
   23         amending s. 513.054, F.S.; providing that an operator
   24         of a mobile home or recreational vehicle park or camp
   25         who refuses to pay the operating permit fee required
   26         by law or who fails, neglects, or refuses to obtain an
   27         operating permit for the park commits a misdemeanor of
   28         the second degree; amending s. 513.055, F.S.;
   29         conforming permit terminology; amending s. 513.10,
   30         F.S.; providing that a person who operates a mobile
   31         home, lodging, or recreational vehicle park without a
   32         permit commits a misdemeanor of the second degree;
   33         repealing s. 513.111, F.S., relating to the posting
   34         and advertising of certain site rates; creating s.
   35         513.1115, F.S.; providing requirements for the
   36         establishment of separation and setback distances;
   37         amending s. 513.112, F.S.; deleting a provision
   38         requiring guest registers to be made available for
   39         inspection by the department at any time; amending s.
   40         513.115, F.S.; revising requirements for the handling
   41         of unclaimed property; amending s. 513.13, F.S.;
   42         providing a penalty for failure to depart from a park
   43         under certain circumstances; barring an operator from
   44         certain liability; providing an effective date.
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Subsection (3) of section 513.01, Florida
   49  Statutes, is amended, present subsections (5) through (11) of
   50  that section are renumbered as subsections (6) through (12),
   51  respectively, and a new subsection (5) is added to that section,
   52  to read:
   53         513.01 Definitions.—As used in this chapter, the term:
   54         (3) “Mobile home” means a residential structure that is
   55  transportable in one or more sections, which structure is 8 body
   56  feet (2.4 meters) or more in width, over 35 feet in length with
   57  the hitch, built on an integral chassis, and designed to be used
   58  as a dwelling when connected to the required utilities, and not
   59  originally sold as a recreational vehicle, and includes the
   60  plumbing, heating, air-conditioning, and electrical systems
   61  contained in the structure.
   62         (5) “Occupancy” means the length of time that a
   63  recreational vehicle is occupied by a transient guest and not
   64  the length of time that such vehicle is located on the leased
   65  recreational vehicle site. A recreational vehicle may be stored
   66  and tied down on site when not in use to accommodate the needs
   67  of the guest. The attachment of a recreational vehicle to the
   68  ground by way of tie-downs or other removable fasteners, and the
   69  attachment of carports, porches, screen rooms, and similar
   70  appurtenances by way of removable attaching devices, do not
   71  render the recreational vehicle a permanent part of the
   72  recreational vehicle site.
   73         Section 2. Section 513.012, Florida Statutes, is amended to
   74  read:
   75         513.012 Public health laws; enforcement.—
   76         (1) It is the intent of the Legislature that mobile home
   77  parks, lodging parks, recreational vehicle parks, and
   78  recreational camps be regulated under this chapter. As such, the
   79  department shall administer and enforce, with respect to such
   80  parks and camps, uniform laws and rules relating to sanitation,
   81  control of communicable diseases, illnesses and hazards to
   82  health among humans and from animals to humans, and the general
   83  health of the people of the state.
   84         (2) The department shall establish uniform standards for
   85  permitting and operation of lodging parks, recreational vehicle
   86  parks and camps, and mobile home parks, which include:
   87         (a) The design, location, and site sizes for sites in parks
   88  and camps;
   89         (b) Sanitary standards for permitting and the operation of
   90  parks and camps;
   91         (c) Occupancy standards for transient rentals in
   92  recreational vehicle parks and camps;
   93         (d) Permitting of parks and camps as required by this
   94  chapter, including temporary events at unlicensed locations;
   95         (e) Inspection of parks and camps to enforce compliance
   96  with this chapter;
   97         (f) Permit requirements, including late fees and penalties
   98  for operating without a permit; and
   99         (g) The maintenance of guest registers.
  100         (3)This chapter establishes uniform standards for
  101  recreational vehicle parks and camps which apply to:
  102         (a) The liability for property of guests left on sites;
  103         (b) Separation and setback distances established at the
  104  time of initial approval;
  105         (c)Unclaimed property;
  106         (d)Conduct of transient guests;
  107         (e)Theft of personal property;
  108         (f) Evictions of transient guests; and
  109         (g) Writs of distress.
  110         (4)Local governmental actions, ordinances, and resolutions
  111  must be consistent with the uniform standards established
  112  pursuant to this chapter and as implemented by rules of the
  113  department. This chapter does not limit the authority of a local
  114  government to adopt and enforce land use, building, firesafety,
  115  and other regulations.
  116         (5) However, nothing in this chapter qualifies a mobile
  117  home park, a lodging park, a recreational vehicle park, or a
  118  recreational camp for a liquor license issued under s.
  119  561.20(2)(a)1. Mobile home parks, lodging parks, recreational
  120  vehicle parks, and recreational camps regulated under this
  121  chapter are exempt from regulation under the provisions of
  122  chapter 509.
  123         Section 3. Section 513.014, Florida Statutes, is amended to
  124  read:
  125         513.014 Applicability of recreational vehicle park
  126  provisions to mobile home parks.—A mobile home park that has
  127  five or more sites set aside for recreational vehicles shall,
  128  for those sites set aside for recreational vehicles, comply with
  129  the recreational vehicle park requirements included in this
  130  chapter. This section does not require a mobile home park with
  131  spaces set aside for recreational vehicles to obtain two
  132  licenses. However, a mobile home park that rents spaces to
  133  recreational vehicles on the basis of long-term leases is
  134  required to comply with the laws and rules relating to mobile
  135  home parks including but not limited to chapter 723, if
  136  applicable.
  137         Section 4. Section 513.02, Florida Statutes, is amended to
  138  read:
  139         513.02 Permits Permit.—
  140         (1) A person may not establish or maintain a mobile home
  141  park, lodging park, recreational vehicle park, or recreational
  142  camp in this state without first obtaining an operating a permit
  143  from the department. Such permit is not transferable from one
  144  place or person to another. Each permit must be renewed
  145  annually.
  146         (2) Prior to commencement of construction of a new park or
  147  camp, or any change to an existing park or camp which requires
  148  construction of new sanitary facilities or additional permitted
  149  sites, a person who operates or maintains such park or camp must
  150  contact the department to receive a review and approval. The
  151  items required to be submitted and the process for issuing a
  152  review and approval shall be set by department rule.
  153         (3)(a) An operating permit is not transferable from one
  154  place or person to another. Each permit must be renewed
  155  annually.
  156         (b)(2) The department may refuse to issue an operating a
  157  permit to, or refuse to renew the operating permit of, any park
  158  or camp that is not constructed or maintained in accordance with
  159  law and with the rules of the department.
  160         (c)(3) The department may suspend or revoke an operating a
  161  permit issued to any person that operates or maintains such a
  162  park or camp if such person fails to comply with this chapter or
  163  the rules adopted by the department under this chapter.
  164         (d)(4)An operating A permit for the operation of a park or
  165  camp may not be renewed or transferred if the permittee has an
  166  outstanding fine assessed pursuant to this chapter which is in
  167  final-order status and judicial reviews are exhausted, unless
  168  the transferee agrees to assume the outstanding fine.
  169         (e)(5) When a park or camp regulated under this chapter is
  170  sold or its ownership transferred, the purchaser transferee must
  171  apply to the department for an operating a permit within 30 days
  172  after to the department before the date of sale transfer. The
  173  applicant must provide the department with a copy of the
  174  recorded deed or lease agreement before the department may issue
  175  an operating a permit to the applicant.
  176         Section 5. Section 513.03, Florida Statutes, is amended to
  177  read:
  178         513.03 Application for and issuance of permit.—
  179         (1) An application for an operating a permit must be made
  180  in writing to the department, on a form prescribed by the
  181  department. The application must state the location of the
  182  existing or proposed park or camp;, the type of park or camp;,
  183  the number of mobile homes or recreational vehicles to be
  184  accommodated; or the number of recreational campsites,
  185  buildings, and sites set aside for group camping, including
  186  barracks, cabins, cottages, and tent spaces; the type of water
  187  supply;, the method of sewage disposal;, and any other
  188  information the department requires.
  189         (2) If the department is satisfied, after reviewing the
  190  application of the proposed or existing park or camp and causing
  191  an inspection to be made, that the park or camp complies with
  192  this chapter and is so located, constructed, and equipped as not
  193  to be a source of danger to the health of the general public,
  194  the department shall issue the necessary approval or operating
  195  permit, in writing, on a form prescribed by the department.
  196         Section 6. Subsection (1) of section 513.045, Florida
  197  Statutes, is amended to read:
  198         513.045 Permit fees.—
  199         (1)(a) Each person seeking a permit to establish, operate,
  200  or maintain a mobile home park, lodging park, recreational
  201  vehicle park, or recreational camp must pay to the department a
  202  fee, the amount of which shall be set by rule of the department.
  203         (b) Fees established pursuant to this subsection must be
  204  based on the actual costs incurred by the department in carrying
  205  out its responsibilities under this chapter.
  206         1. The fee for an annual operating a permit may not be set
  207  at a rate that is more than $6.50 per space or less than $3.50
  208  per space. Until rules setting these fees are adopted by the
  209  department, the permit fee per space is $3.50. The annual
  210  operating permit fee for a nonexempt recreational camp shall be
  211  based on an equivalency rate for which two camp occupants equal
  212  one space. The total fee assessed to an applicant for an annual
  213  operating permit may not be more than $600 or less than $50,
  214  except that a fee may be prorated on a quarterly basis. Failure
  215  to pay an annual operating permit fee in a timely manner shall
  216  result in the assessment of late fees by the department.
  217         2. A person who seeks department review of plans for a
  218  proposed park or camp may submit such plans to the department
  219  for an assessment of whether such plans meet the requirements of
  220  this chapter and the rules adopted under this chapter.
  221         3. A person constructing a new park or camp or adding
  222  spaces or renovating an existing park or camp shall, prior to
  223  such construction, renovation, or addition, submit plans to the
  224  department for department review and approval.
  225         4. The department shall, by rule, establish a fee, not to
  226  exceed $1,000, for a temporary operating permit for temporary
  227  events falling within this section. The amount of fee shall be
  228  based upon the size, duration, and location of the event and the
  229  sanitary facilities and services available or to be provided at
  230  that location. The fee shall be based solely upon the projected
  231  costs of review of the permit application and inspections by the
  232  department to achieve compliance with the requirements of the
  233  department. Licensed parks and camps are exempt from this fee
  234  and the temporary event permit requirement.
  235         (c) A recreational camp operated by a civic, fraternal,
  236  educational, or religious organization that does not rent to the
  237  public is exempt from the fee requirements of this subsection.
  238         Section 7. Section 513.05, Florida Statutes, is amended to
  239  read:
  240         513.05 Rules.—The department may adopt rules pertaining to
  241  the location, construction, modification, equipment, and
  242  operation of mobile home parks, lodging parks, recreational
  243  vehicle parks, and recreational camps, except as provided in s.
  244  633.022, as necessary to administer this chapter. Such rules may
  245  include definitions of terms; requirements for temporary events
  246  at unlicensed locations which may require a temporary operating
  247  permit under this chapter; plan reviews of proposed and existing
  248  parks and camps; plan reviews of parks that consolidate or
  249  expand space or capacity or change space size; water supply;
  250  sewage collection and disposal; plumbing and backflow
  251  prevention; garbage and refuse storage, collection, and
  252  disposal; insect and rodent control; space requirements; heating
  253  facilities; food service; lighting; sanitary facilities;
  254  bedding; an occupancy equivalency to spaces for permits for
  255  recreational camps; sanitary facilities in recreational vehicle
  256  parks; and the owners’ responsibilities at recreational vehicle
  257  parks and recreational camps.
  258         Section 8. Section 513.054, Florida Statutes, is amended to
  259  read:
  260         513.054 Penalties for specified offenses by operator.—
  261         (1) Any operator of a mobile home park, lodging park, or
  262  recreational vehicle park, or a recreational camp who obstructs
  263  or hinders any agent of the department in the proper discharge
  264  of the agent’s duties; who fails, neglects, or refuses to obtain
  265  an operating a permit for the park or camp or refuses to pay the
  266  operating permit fee required by law; or who fails or refuses to
  267  perform any duty imposed upon the operator by law or rule
  268  commits is guilty of a misdemeanor of the second degree,
  269  punishable as provided in s. 775.082 or s. 775.083.
  270         (2) On each day that such park or camp is operated in
  271  violation of law or rule, there is a separate offense.
  272         Section 9. Section 513.055, Florida Statutes, is amended to
  273  read:
  274         513.055 Revocation or suspension of operating permit;
  275  fines; procedure.—
  276         (1)(a) The department may suspend or revoke an operating a
  277  permit issued to any person for a mobile home park, lodging
  278  park, recreational vehicle park, or recreational camp upon the
  279  failure of that person to comply with this chapter or the rules
  280  adopted under this chapter.
  281         (b) An operating A permit may not be suspended under this
  282  section for a period of more than 12 months. At the end of the
  283  period of suspension, the permittee may apply for reinstatement
  284  or renewal of the operating permit. A person whose operating
  285  permit is revoked may not apply for another operating permit for
  286  that location prior to the date on which the revoked operating
  287  permit would otherwise have expired.
  288         (2)(a) In lieu of such suspension or revocation of an
  289  operating a permit, the department may impose a fine against a
  290  permittee for the permittee’s failure to comply with the
  291  provisions described in paragraph (1)(a) or may place such
  292  licensee on probation. No fine so imposed shall exceed $500 for
  293  each offense, and all amounts collected in fines shall be
  294  deposited with the Chief Financial Officer to the credit of the
  295  County Health Department Trust Fund.
  296         (b) In determining the amount of fine to be imposed, if
  297  any, for a violation, the department shall consider the
  298  following factors:
  299         1. The gravity of the violation and the extent to which the
  300  provisions of the applicable statutes or rules have been
  301  violated.
  302         2. Any action taken by the operator to correct the
  303  violation.
  304         3. Any previous violation.
  305         Section 10. Subsection (1) of section 513.10, Florida
  306  Statutes, is amended to read:
  307         513.10 Operating without permit; enforcement of chapter;
  308  penalties.—
  309         (1) Any person who maintains or operates a mobile home
  310  park, lodging park, recreational vehicle park, or recreational
  311  camp without first obtaining an operating a permit as required
  312  by s. 513.02, or who maintains or operates such a park or camp
  313  after revocation of the operating permit, commits is guilty of a
  314  misdemeanor of the second degree, punishable as provided in s.
  315  775.082 or s. 775.083.
  316         Section 11. Section 513.111, Florida Statutes, is repealed.
  317         Section 12. Section 513.1115, Florida Statutes, is created
  318  to read:
  319         513.1115 Placement of recreational vehicles on lots in
  320  permitted parks.—
  321         (1) Separation distances between recreational vehicles
  322  shall be the distances established at the time of initial
  323  approval of the recreational vehicle park by the department and
  324  the local government.
  325         (2) Setback distances from the exterior property boundary
  326  of the recreational vehicle park shall be the setback distances
  327  established at the time of the initial approval by the
  328  department and the local government.
  329         (3) This section does not limit the regulation of the
  330  uniform firesafety standards established under s. 633.022.
  331         Section 13. Subsection (1) of section 513.112, Florida
  332  Statutes, is amended to read:
  333         513.112 Maintenance of guest register and copy of laws.—
  334         (1) It is the duty of each operator of a recreational
  335  vehicle park that rents to transient guests to maintain at all
  336  times a register, signed by or for guests who occupy rental
  337  sites within the park. The register must show the dates upon
  338  which the rental sites were occupied by such guests and the
  339  rates charged for the guests’ occupancy. This register shall be
  340  maintained in chronological order and shall be available for
  341  inspection by the department at any time. An operator is not
  342  required to retain a register that is more than 2 years old.
  343         Section 14. Section 513.115, Florida Statutes, is amended
  344  to read:
  345         513.115 Unclaimed property.—Any property having an
  346  identifiable owner which is left in a recreational vehicle park
  347  by a guest, including, but not limited to, other than property
  348  belonging to a guest who has vacated the premises without notice
  349  to the operator and with an outstanding account, which property
  350  remains unclaimed after having been held by the park for 90 days
  351  after written notice was provided to the guest or the owner of
  352  the property, may be disposed of by becomes the property of the
  353  park. Any titled property, including a boat, recreational
  354  vehicle, or other vehicle, shall be disposed of in accordance
  355  with the requirements of chapter 715.
  356         Section 15. Subsections (2) and (4) of section 513.13,
  357  Florida Statutes, are amended to read:
  358         513.13 Recreational vehicle parks; eviction; grounds;
  359  proceedings.—
  360         (2) The operator of any recreational vehicle park shall
  361  notify such guest that the park no longer desires to entertain
  362  the guest and shall request that such guest immediately depart
  363  from the park. Such notice shall be given in writing. If such
  364  guest has paid in advance, the park shall, at the time such
  365  notice is given, tender to the guest the unused portion of the
  366  advance payment. Any guest who remains or attempts to remain in
  367  such park after being requested to leave commits is guilty of a
  368  misdemeanor of the second degree, punishable as provided in s.
  369  775.082 or s. 775.083. If the notice is given in the presence of
  370  a law enforcement officer by posting or personal delivery and
  371  the person fails to depart from the park immediately, the person
  372  commits a misdemeanor of the second degree, punishable as
  373  provided in s. 775.082 or s. 775.083.
  374         (4) If any person is illegally on the premises of any
  375  recreational vehicle park, the operator of such park may call
  376  upon any law enforcement officer of this state for assistance.
  377  It is the duty of such law enforcement officer, upon the request
  378  of such operator, to place under arrest and take into custody
  379  for violation of this section any guest who violates subsection
  380  (1) or subsection (2) in the presence of the officer. If a
  381  warrant has been issued by the proper judicial officer for the
  382  arrest of any violator of subsection (1) or subsection (2), the
  383  officer shall serve the warrant, arrest the person, and take the
  384  person into custody. Upon arrest, with or without warrant, the
  385  guest is deemed to have given up any right to occupancy or to
  386  have abandoned the guest’s right to occupancy of the premises of
  387  the recreational vehicle park; and the operator of the park
  388  shall employ all reasonable and proper means to care for any
  389  personal property left on the premises by such guest and shall
  390  refund any unused portion of moneys paid by such guest for the
  391  occupancy of such premises. The operator is not liable for
  392  damages to personal property left on the premises by a guest who
  393  violates subsection (1) or subsection (2) and is arrested by a
  394  law enforcement officer.
  395         Section 16. This act shall take effect July 1, 2010.

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