January 28, 2021
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       Florida Senate - 2010                CS for CS for CS for SB 354
       
       
       
       By the Committees on Health and Human Services Appropriations;
       Community Affairs; and Health Regulation; and Senator Dean
       
       
       
       603-04868-10                                           2010354c3
    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; authorizing persons to request
   17         from the department a review of plans for a proposed
   18         park or camp; requiring certain construction and
   19         renovation plans to be submitted to the department for
   20         review and approval; amending s. 513.05, F.S.;
   21         providing the department with additional rulemaking
   22         authority; amending s. 513.054, F.S.; providing that
   23         an operator of a mobile home or recreational vehicle
   24         park or camp who refuses to pay the operating permit
   25         fee required by law or who fails, neglects, or refuses
   26         to obtain an operating permit for the park commits a
   27         misdemeanor of the second degree; amending s. 513.055,
   28         F.S.; conforming permit terminology; amending s.
   29         513.10, F.S.; providing that a person who operates a
   30         mobile home, lodging, or recreational vehicle park
   31         without a permit commits a misdemeanor of the second
   32         degree; repealing s. 513.111, F.S., relating to the
   33         posting and advertising of certain site rates;
   34         creating s. 513.1115, F.S.; providing requirements for
   35         the establishment of separation and setback distances;
   36         amending s. 513.112, F.S.; deleting a provision
   37         requiring guest registers to be made available for
   38         inspection by the department at any time; amending s.
   39         513.115, F.S.; revising requirements for the handling
   40         of unclaimed property; amending s. 513.13, F.S.;
   41         providing a penalty for failure to depart from a park
   42         under certain circumstances; barring an operator from
   43         certain liability; providing an effective date.
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Subsection (3) of section 513.01, Florida
   48  Statutes, is amended, present subsections (5) through (11) of
   49  that section are renumbered as subsections (6) through (12),
   50  respectively, and a new subsection (5) is added to that section,
   51  to read:
   52         513.01 Definitions.—As used in this chapter, the term:
   53         (3) “Mobile home” means a residential structure that is
   54  transportable in one or more sections, which structure is 8 body
   55  feet (2.4 meters) or more in width, over 35 feet in length with
   56  the hitch, built on an integral chassis, and designed to be used
   57  as a dwelling when connected to the required utilities, and not
   58  originally sold as a recreational vehicle, and includes the
   59  plumbing, heating, air-conditioning, and electrical systems
   60  contained in the structure.
   61         (5) “Occupancy” means the length of time that a
   62  recreational vehicle is occupied by a transient guest and not
   63  the length of time that such vehicle is located on the leased
   64  recreational vehicle site. A recreational vehicle may be stored
   65  and tied down on site when not in use to accommodate the needs
   66  of the guest. The attachment of a recreational vehicle to the
   67  ground by way of tie-downs or other removable fasteners, and the
   68  attachment of carports, porches, screen rooms, and similar
   69  appurtenances by way of removable attaching devices, do not
   70  render the recreational vehicle a permanent part of the
   71  recreational vehicle site.
   72         Section 2. Section 513.012, Florida Statutes, is amended to
   73  read:
   74         513.012 Public health laws; enforcement.—
   75         (1) It is the intent of the Legislature that mobile home
   76  parks, lodging parks, recreational vehicle parks, and
   77  recreational camps be regulated under this chapter. As such, the
   78  department shall administer and enforce, with respect to such
   79  parks and camps, uniform laws and rules relating to sanitation,
   80  control of communicable diseases, illnesses and hazards to
   81  health among humans and from animals to humans, and the general
   82  health of the people of the state.
   83         (2) The department shall establish uniform standards for
   84  permitting and operation of lodging parks, recreational vehicle
   85  parks and camps, and mobile home parks, which include:
   86         (a) The design, location, and site sizes for sites in parks
   87  and camps;
   88         (b) Sanitary standards for permitting and the operation of
   89  parks and camps;
   90         (c) Occupancy standards for transient rentals in
   91  recreational vehicle parks and camps;
   92  (d) Permitting of parks and camps as required by this chapter;
   93         (e) Inspection of parks and camps to enforce compliance
   94  with this chapter;
   95         (f) Permit requirements; and
   96         (g) The maintenance of guest registers.
   97         (3)This chapter establishes uniform standards for
   98  recreational vehicle parks and camps which apply to:
   99         (a) The liability for property of guests left on sites;
  100         (b) Separation and setback distances established at the
  101  time of initial approval;
  102         (c)Unclaimed property;
  103         (d)Conduct of transient guests;
  104         (e)Theft of personal property;
  105         (f) Evictions of transient guests; and
  106         (g) Writs of distress.
  107         (4)Local governmental actions, ordinances, and resolutions
  108  must be consistent with the uniform standards established
  109  pursuant to this chapter and as implemented by rules of the
  110  department. This chapter does not limit the authority of a local
  111  government to adopt and enforce land use, building, firesafety,
  112  and other regulations.
  113         (5) However, nothing in this chapter qualifies a mobile
  114  home park, a lodging park, a recreational vehicle park, or a
  115  recreational camp for a liquor license issued under s.
  116  561.20(2)(a)1. Mobile home parks, lodging parks, recreational
  117  vehicle parks, and recreational camps regulated under this
  118  chapter are exempt from regulation under the provisions of
  119  chapter 509.
  120         Section 3. Section 513.014, Florida Statutes, is amended to
  121  read:
  122         513.014 Applicability of recreational vehicle park
  123  provisions to mobile home parks.—A mobile home park that has
  124  five or more sites set aside for recreational vehicles shall,
  125  for those sites set aside for recreational vehicles, comply with
  126  the recreational vehicle park requirements included in this
  127  chapter. This section does not require a mobile home park with
  128  spaces set aside for recreational vehicles to obtain two
  129  licenses. However, a mobile home park that rents spaces to
  130  recreational vehicles on the basis of long-term leases is
  131  required to comply with the laws and rules relating to mobile
  132  home parks including but not limited to chapter 723, if
  133  applicable.
  134         Section 4. Section 513.02, Florida Statutes, is amended to
  135  read:
  136         513.02 Permits Permit.—
  137         (1) A person may not establish or maintain a mobile home
  138  park, lodging park, recreational vehicle park, or recreational
  139  camp in this state without first obtaining an operating a permit
  140  from the department. Such permit is not transferable from one
  141  place or person to another. Each permit must be renewed
  142  annually.
  143         (2) Prior to commencement of construction of a new park or
  144  camp, or any change to an existing park or camp which requires
  145  construction of new sanitary facilities or additional permitted
  146  sites, a person who operates or maintains such park or camp must
  147  contact the department to receive a review and approval. The
  148  items required to be submitted and the process for issuing a
  149  review and approval shall be set by department rule.
  150         (3)(a) An operating permit is not transferable from one
  151  place or person to another. Each permit must be renewed
  152  annually.
  153         (b)(2) The department may refuse to issue an operating a
  154  permit to, or refuse to renew the operating permit of, any park
  155  or camp that is not constructed or maintained in accordance with
  156  law and with the rules of the department.
  157         (c)(3) The department may suspend or revoke an operating a
  158  permit issued to any person that operates or maintains such a
  159  park or camp if such person fails to comply with this chapter or
  160  the rules adopted by the department under this chapter.
  161         (d)(4)An operating A permit for the operation of a park or
  162  camp may not be renewed or transferred if the permittee has an
  163  outstanding fine assessed pursuant to this chapter which is in
  164  final-order status and judicial reviews are exhausted, unless
  165  the transferee agrees to assume the outstanding fine.
  166         (e)(5) When a park or camp regulated under this chapter is
  167  sold or its ownership transferred, the purchaser transferee must
  168  apply to the department for an operating a permit within 30 days
  169  after to the department before the date of sale transfer. The
  170  applicant must provide the department with a copy of the
  171  recorded deed or lease agreement before the department may issue
  172  an operating a permit to the applicant.
  173         Section 5. Section 513.03, Florida Statutes, is amended to
  174  read:
  175         513.03 Application for and issuance of permit.—
  176         (1) An application for an operating a permit must be made
  177  in writing to the department, on a form prescribed by the
  178  department. The application must state the location of the
  179  existing or proposed park or camp;, the type of park or camp;,
  180  the number of mobile homes or recreational vehicles to be
  181  accommodated; or the number of recreational campsites,
  182  buildings, and sites set aside for group camping, including
  183  barracks, cabins, cottages, and tent spaces; the type of water
  184  supply;, the method of sewage disposal;, and any other
  185  information the department requires.
  186         (2) If the department is satisfied, after reviewing the
  187  application of the proposed or existing park or camp and causing
  188  an inspection to be made, that the park or camp complies with
  189  this chapter and is so located, constructed, and equipped as not
  190  to be a source of danger to the health of the general public,
  191  the department shall issue the necessary approval or operating
  192  permit, in writing, on a form prescribed by the department.
  193         Section 6. Subsection (1) of section 513.045, Florida
  194  Statutes, is amended to read:
  195         513.045 Permit fees.—
  196         (1)(a) Each person seeking a permit to establish, operate,
  197  or maintain a mobile home park, lodging park, recreational
  198  vehicle park, or recreational camp must pay to the department a
  199  fee, the amount of which shall be set by rule of the department.
  200         (b) Fees established pursuant to this subsection must be
  201  based on the actual costs incurred by the department in carrying
  202  out its responsibilities under this chapter.
  203         1. The fee for an annual operating a permit may not be set
  204  at a rate that is more than $6.50 per space or less than $3.50
  205  per space. Until rules setting these fees are adopted by the
  206  department, the permit fee per space is $3.50. The annual
  207  operating permit fee for a nonexempt recreational camp shall be
  208  based on an equivalency rate for which two camp occupants equal
  209  one space. The total fee assessed to an applicant for an annual
  210  operating permit may not be more than $600 or less than $50,
  211  except that a fee may be prorated on a quarterly basis.
  212         2. A person who seeks department review of plans for a
  213  proposed park or camp may submit such plans to the department
  214  for an assessment of whether such plans meet the requirements of
  215  this chapter and the rules adopted under this chapter.
  216         3. A person constructing a new park or camp or adding
  217  spaces or renovating an existing park or camp shall, prior to
  218  such construction, renovation, or addition, submit plans to the
  219  department for department review and approval.
  220         (c) A recreational camp operated by a civic, fraternal,
  221  educational, or religious organization that does not rent to the
  222  public is exempt from the fee requirements of this subsection.
  223         Section 7. Section 513.05, Florida Statutes, is amended to
  224  read:
  225         513.05 Rules.—The department may adopt rules pertaining to
  226  the location, construction, modification, equipment, and
  227  operation of mobile home parks, lodging parks, recreational
  228  vehicle parks, and recreational camps, except as provided in s.
  229  633.022, as necessary to administer this chapter. Such rules may
  230  include definitions of terms; requirements for plan reviews of
  231  proposed and existing parks and camps; plan reviews of parks
  232  that consolidate or expand space or capacity or change space
  233  size; water supply; sewage collection and disposal; plumbing and
  234  backflow prevention; garbage and refuse storage, collection, and
  235  disposal; insect and rodent control; space requirements; heating
  236  facilities; food service; lighting; sanitary facilities;
  237  bedding; an occupancy equivalency to spaces for permits for
  238  recreational camps; sanitary facilities in recreational vehicle
  239  parks; and the owners’ responsibilities at recreational vehicle
  240  parks and recreational camps.
  241         Section 8. Section 513.054, Florida Statutes, is amended to
  242  read:
  243         513.054 Penalties for specified offenses by operator.—
  244         (1) Any operator of a mobile home park, lodging park, or
  245  recreational vehicle park, or a recreational camp who obstructs
  246  or hinders any agent of the department in the proper discharge
  247  of the agent’s duties; who fails, neglects, or refuses to obtain
  248  an operating a permit for the park or camp or refuses to pay the
  249  operating permit fee required by law; or who fails or refuses to
  250  perform any duty imposed upon the operator by law or rule
  251  commits is guilty of a misdemeanor of the second degree,
  252  punishable as provided in s. 775.082 or s. 775.083.
  253         (2) On each day that such park or camp is operated in
  254  violation of law or rule, there is a separate offense.
  255         Section 9. Section 513.055, Florida Statutes, is amended to
  256  read:
  257         513.055 Revocation or suspension of operating permit;
  258  fines; procedure.—
  259         (1)(a) The department may suspend or revoke an operating a
  260  permit issued to any person for a mobile home park, lodging
  261  park, recreational vehicle park, or recreational camp upon the
  262  failure of that person to comply with this chapter or the rules
  263  adopted under this chapter.
  264         (b) An operating A permit may not be suspended under this
  265  section for a period of more than 12 months. At the end of the
  266  period of suspension, the permittee may apply for reinstatement
  267  or renewal of the operating permit. A person whose operating
  268  permit is revoked may not apply for another operating permit for
  269  that location prior to the date on which the revoked operating
  270  permit would otherwise have expired.
  271         (2)(a) In lieu of such suspension or revocation of an
  272  operating a permit, the department may impose a fine against a
  273  permittee for the permittee’s failure to comply with the
  274  provisions described in paragraph (1)(a) or may place such
  275  licensee on probation. No fine so imposed shall exceed $500 for
  276  each offense, and all amounts collected in fines shall be
  277  deposited with the Chief Financial Officer to the credit of the
  278  County Health Department Trust Fund.
  279         (b) In determining the amount of fine to be imposed, if
  280  any, for a violation, the department shall consider the
  281  following factors:
  282         1. The gravity of the violation and the extent to which the
  283  provisions of the applicable statutes or rules have been
  284  violated.
  285         2. Any action taken by the operator to correct the
  286  violation.
  287         3. Any previous violation.
  288         Section 10. Subsection (1) of section 513.10, Florida
  289  Statutes, is amended to read:
  290         513.10 Operating without permit; enforcement of chapter;
  291  penalties.—
  292         (1) Any person who maintains or operates a mobile home
  293  park, lodging park, recreational vehicle park, or recreational
  294  camp without first obtaining an operating a permit as required
  295  by s. 513.02, or who maintains or operates such a park or camp
  296  after revocation of the operating permit, commits is guilty of a
  297  misdemeanor of the second degree, punishable as provided in s.
  298  775.082 or s. 775.083.
  299         Section 11. Section 513.111, Florida Statutes, is repealed.
  300         Section 12. Section 513.1115, Florida Statutes, is created
  301  to read:
  302         513.1115 Placement of recreational vehicles on lots in
  303  permitted parks.—
  304         (1) Separation distances between recreational vehicles
  305  shall be the distances established at the time of initial
  306  approval of the recreational vehicle park by the department and
  307  the local government.
  308         (2) Setback distances from the exterior property boundary
  309  of the recreational vehicle park shall be the setback distances
  310  established at the time of the initial approval by the
  311  department and the local government.
  312         (3) This section does not limit the regulation of the
  313  uniform firesafety standards established under s. 633.022.
  314         Section 13. Subsection (1) of section 513.112, Florida
  315  Statutes, is amended to read:
  316         513.112 Maintenance of guest register and copy of laws.—
  317         (1) It is the duty of each operator of a recreational
  318  vehicle park that rents to transient guests to maintain at all
  319  times a register, signed by or for guests who occupy rental
  320  sites within the park. The register must show the dates upon
  321  which the rental sites were occupied by such guests and the
  322  rates charged for the guests’ occupancy. This register shall be
  323  maintained in chronological order and shall be available for
  324  inspection by the department at any time. An operator is not
  325  required to retain a register that is more than 2 years old.
  326         Section 14. Section 513.115, Florida Statutes, is amended
  327  to read:
  328         513.115 Unclaimed property.—Any property having an
  329  identifiable owner which is left in a recreational vehicle park
  330  by a guest, including, but not limited to, other than property
  331  belonging to a guest who has vacated the premises without notice
  332  to the operator and with an outstanding account, which property
  333  remains unclaimed after having been held by the park for 90 days
  334  after written notice was provided to the guest or the owner of
  335  the property, may be disposed of by becomes the property of the
  336  park. Any titled property, including a boat, recreational
  337  vehicle, or other vehicle, shall be disposed of in accordance
  338  with the requirements of chapter 715.
  339         Section 15. Subsections (2) and (4) of section 513.13,
  340  Florida Statutes, are amended to read:
  341         513.13 Recreational vehicle parks; eviction; grounds;
  342  proceedings.—
  343         (2) The operator of any recreational vehicle park shall
  344  notify such guest that the park no longer desires to entertain
  345  the guest and shall request that such guest immediately depart
  346  from the park. Such notice shall be given in writing. If such
  347  guest has paid in advance, the park shall, at the time such
  348  notice is given, tender to the guest the unused portion of the
  349  advance payment. Any guest who remains or attempts to remain in
  350  such park after being requested to leave commits is guilty of a
  351  misdemeanor of the second degree, punishable as provided in s.
  352  775.082 or s. 775.083. If the notice is given in the presence of
  353  a law enforcement officer by posting or personal delivery and
  354  the person fails to depart from the park immediately, the person
  355  commits a misdemeanor of the second degree, punishable as
  356  provided in s. 775.082 or s. 775.083.
  357         (4) If any person is illegally on the premises of any
  358  recreational vehicle park, the operator of such park may call
  359  upon any law enforcement officer of this state for assistance.
  360  It is the duty of such law enforcement officer, upon the request
  361  of such operator, to place under arrest and take into custody
  362  for violation of this section any guest who violates subsection
  363  (1) or subsection (2) in the presence of the officer. If a
  364  warrant has been issued by the proper judicial officer for the
  365  arrest of any violator of subsection (1) or subsection (2), the
  366  officer shall serve the warrant, arrest the person, and take the
  367  person into custody. Upon arrest, with or without warrant, the
  368  guest is deemed to have given up any right to occupancy or to
  369  have abandoned the guest’s right to occupancy of the premises of
  370  the recreational vehicle park; and the operator of the park
  371  shall employ all reasonable and proper means to care for any
  372  personal property left on the premises by such guest and shall
  373  refund any unused portion of moneys paid by such guest for the
  374  occupancy of such premises. The operator is not liable for
  375  damages to personal property left on the premises by a guest who
  376  violates subsection (1) or subsection (2) and is arrested by a
  377  law enforcement officer.
  378         Section 16. This act shall take effect July 1, 2010.

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