Bill Text: FL H0573 | 2012 | Regular Session | Introduced

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Bill Title: Mobile Home and Recreational Vehicle Parks

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-09 - Died in Health and Human Services Access Subcommittee [H0573 Detail]

Download: Florida-2012-H0573-Introduced.html

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HB 573

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 and terminology;
11	providing requirements for construction review and
12	approval for private parks and camps; requiring the
13	department to adopt rules; requiring certain
14	construction and renovation plans to be submitted to
15	the department for review and approval; amending s.
16	513.03, F.S.; revising requirements for permit
17	applications; amending s. 513.045, F.S.; revising
18	provisions relating to fees charged to operators of
19	certain parks or camps; amending s. 513.05, F.S.;
20	providing the department with additional rulemaking
21	authority; amending s. 513.054, F.S.; providing that
22	an operator of a mobile home park, lodging park,
23	recreational vehicle park, or recreational camp who
24	refuses to pay the operating permit fee required by
25	law or who fails, neglects, or refuses to obtain an
26	operating permit for the park commits a misdemeanor of
27	the second degree; providing penalties; amending s.
28	513.055, F.S.; conforming terminology; amending s.
29	513.10, F.S.; providing that a person who operates a
30	mobile home park, lodging park, recreational vehicle
31	park, or recreational camp without an operating permit
32	commits a misdemeanor of the second degree; providing
33	penalties; repealing s. 513.111, F.S., relating to the
34	posting and advertising of certain site rates;
35	creating s. 513.1115, F.S.; providing requirements for
36	the establishment of separation and setback distances
37	for recreational vehicles; amending s. 513.112, F.S.;
38	deleting a provision requiring guest registers of
39	recreational vehicle parks to be made available for
40	inspection by the department at any time; amending s.
41	513.115, F.S.; revising requirements for the handling
42	of unclaimed property left in a recreational vehicle
43	park; amending s. 513.13, F.S.; providing a penalty
44	for failure to depart from a recreational vehicle park
45	under certain circumstances; barring an operator from
46	certain liability; providing an effective date.
47
48	Be It Enacted by the Legislature of the State of Florida:
49
50	Section 1.  Subsection (3) of section 513.01, Florida
51	Statutes, is amended, present subsections (5) through (11) of
52	that section are renumbered as subsections (6) through (12),
53	respectively, and a new subsection (5) is added to that section,
54	to read:
55	513.01  Definitions.-As used in this chapter, the term:
56	(3)  "Mobile home" means a residential structure that is
57	transportable in one or more sections, which structure is 8 body
58	feet (2.4 meters) or more in width, over 35 feet in length with
59	the hitch, built on an integral chassis, and designed to be used
60	as a dwelling when connected to the required utilities, and not
61	originally sold as a recreational vehicle, and includes the
62	plumbing, heating, air-conditioning, and electrical systems
63	contained in the structure.
64	(5)  "Occupancy" means the length of time that a
65	recreational vehicle is occupied by a transient guest and not
66	the length of time that such vehicle is located on the leased
67	recreational vehicle site. A recreational vehicle may be stored
68	and tied down on site when not in use to accommodate the needs
69	of the guest. The attachment of a recreational vehicle to the
70	ground by way of tie-downs or other removable fasteners, and the
71	attachment of carports, porches, screen rooms, and similar
72	appurtenances by way of removable attaching devices, do not
73	render the recreational vehicle a permanent part of the
74	recreational vehicle site.
75	Section 2.  Section 513.012, Florida Statutes, is amended
76	to read:
77	513.012  Public health laws; enforcement.-
78	(1)  It is the intent of the Legislature that mobile home
79	parks, lodging parks, recreational vehicle parks, and
80	recreational camps be regulated under this chapter. As such, the
81	department shall administer and enforce, with respect to such
82	parks and camps, uniform laws and rules relating to sanitation,
83	control of communicable diseases, illnesses and hazards to
84	health among humans and from animals to humans, and the general
85	health of the people of the state, pursuant to and consistent
86	with the delegation of authority established in this section and
87	s. 381.006.
88	(2)  This chapter establishes uniform standards to be
89	administered and enforced by the department for the issuing of
90	permits for, and the operation of, mobile home parks, lodging
91	parks, recreational vehicle parks, and recreational camps, which
92	include:
93	(a)  The design, location, and site sizes for sites in
94	parks and camps.
95	(b)  Sanitary standards for the issuing of permits for, and
96	the operation of, parks and camps.
97	(c)  The issuing of permits for parks and camps as required
98	by this chapter.
99	(d)  The inspection of parks and camps to enforce
100	compliance with this chapter.
101	(e)  Permit requirements.
102	(3)  This chapter establishes uniform standards for
103	recreational vehicle parks and camps which apply to:
104	(a)  Occupancy standards for transient rentals in
105	recreational vehicle parks and camps.
106	(b)  The liability for property of guests left on sites.
107	(c)  Separation and setback distances established at the
108	time of initial approval.
109	(d)  The maintenance of guest registers.
110	(e)  Unclaimed property.
111	(f)  Conduct of transient guests.
112	(g)  Theft of personal property.
113	(h)  Evictions of transient guests.
114	(i)  Writs of distress.
115	(j)  The placement of recreational vehicles as described in
116	s. 320.01(1)(b) according to their sizes and types.
117	(4)  Local governmental actions, ordinances, and
118	resolutions must be consistent with the uniform standards
119	established pursuant to this chapter and as implemented by rules
120	of the department. This chapter does not limit the authority of
121	a local government to adopt and enforce land use, building,
122	firesafety, and other regulations.
123	(5)  However, nothing in This chapter does not qualify
124	qualifies a mobile home park, a lodging park, a recreational
125	vehicle park, or a recreational camp for a liquor license issued
126	under s. 561.20(2)(a)1. Mobile home parks, lodging parks,
127	recreational vehicle parks, and recreational camps regulated
128	under this chapter are exempt from regulation under the
129	provisions of chapter 509.
130	Section 3.  Section 513.014, Florida Statutes, is amended
131	to read:
132	513.014  Applicability of recreational vehicle park
133	provisions to mobile home parks.-A mobile home park that has
134	five or more sites set aside for recreational vehicles shall,
135	for those sites set aside for recreational vehicles, comply with
136	the recreational vehicle park requirements included in this
137	chapter. This section does not require a mobile home park with
138	spaces set aside for recreational vehicles to obtain two
139	licenses. However, a mobile home park that rents spaces to
140	recreational vehicles on the basis of long-term leases is
141	required to comply with the laws and rules relating to mobile
142	home parks including but not limited to chapter 723, if
143	applicable.
144	Section 4.  Section 513.02, Florida Statutes, is amended to
145	read:
146	513.02  Operating permits Permit.-
147	(1)  A person may not establish or maintain a mobile home
148	park, lodging park, recreational vehicle park, or recreational
149	camp in this state without first obtaining an operating a permit
150	from the department. Such permit is not transferable from one
151	place or person to another. Each permit must be renewed
152	annually.
153	(2)  Before the commencement of construction of a new park
154	or camp or before any change to an existing park or camp which
155	requires construction of new sanitary facilities or additional
156	permitted sites, a person who operates or maintains such park or
157	camp must contact the department to receive a review and
158	approval. The items required to be submitted and the process for
159	issuing a review and approval shall be set by department rule.
160	(3)(a)  An operating permit is not transferable from one
161	place or person to another. Each permit must be renewed
162	annually.
163	(b)(2)  The department may refuse to issue an operating a
164	permit to, or refuse to renew the operating permit of, any park
165	or camp that is not constructed or maintained in accordance with
166	law and with the rules of the department.
167	(c)(3)  The department may suspend or revoke an operating a
168	permit issued to any person that operates or maintains such a
169	park or camp if such person fails to comply with this chapter or
170	the rules adopted by the department under this chapter.
171	(d)(4)  An operating A permit for the operation of a park
172	or camp may not be renewed or transferred if the permittee has
173	an outstanding fine assessed pursuant to this chapter which is
174	in final-order status and judicial reviews are exhausted, unless
175	the transferee agrees to assume the outstanding fine.
176	(e)(5)  When a park or camp regulated under this chapter is
177	sold or its ownership transferred, the purchaser who continues
178	operation of the park or camp transferee must apply to the
179	department for an operating a permit within 30 days after to the
180	department before the date of sale transfer. The applicant must
181	provide the department with a copy of the recorded deed or lease
182	agreement before the department may issue an operating a permit
183	to the applicant.
184	(4)  Each person seeking department review of plans for a
185	proposed park or camp may submit such plans to the department
186	for an assessment of whether such plans meet the requirements of
187	this chapter and the rules adopted under this chapter.
188	(5)  Each person constructing a new park or camp or adding
189	spaces to an existing park or camp must, before the
190	construction, renovation, or addition, submit plans to the
191	department for department review and approval.
192	Section 5.  Section 513.03, Florida Statutes, is amended to
193	read:
194	513.03  Application for and issuance of operating permit.-
195	(1)  An application for an operating a permit must be made
196	in writing to the department, on a form prescribed by the
197	department. The application must state the location of the
198	existing or proposed park or camp;, the type of park or camp;,
199	the number of mobile homes or recreational vehicles to be
200	accommodated; or the number of recreational campsites,
201	buildings, and sites set aside for group camping, including
202	barracks, cabins, cottages, and tent spaces; the type of water
203	supply;, the method of sewage disposal;, and any other
204	information the department requires.
205	(2)  If the department is satisfied, after reviewing the
206	application of the proposed or existing park or camp and causing
207	an inspection to be made, that the park or camp complies with
208	this chapter and is so located, constructed, and equipped as not
209	to be a source of danger to the health of the general public,
210	the department shall issue the necessary approval or operating
211	permit, in writing, on a form prescribed by the department.
212	Section 6.  Subsection (1) of section 513.045, Florida
213	Statutes, is amended to read:
214	513.045  Permit fees.-
215	(1)(a)  Each person seeking a permit to establish, operate,
216	or maintain a mobile home park, lodging park, recreational
217	vehicle park, or recreational camp must pay to the department a
218	fee, the amount of which shall be set by rule of the department.
219	(b)  Fees established pursuant to this subsection must be
220	based on the actual costs incurred by the department in carrying
221	out its responsibilities under this chapter.
222	(c)  The fee for an annual operating a permit may not be
223	set at a rate that is more than $6.50 per space or less than
224	$3.50 per space. Until rules setting these fees are adopted by
225	the department, the permit fee per space is $3.50. The annual
226	operating permit fee for a nonexempt recreational camp shall be
227	based on an equivalency rate for which two camp occupants equal
228	one space. The total fee assessed to an applicant for an annual
229	operating permit may not be more than $600 or less than $50,
230	except that a fee may be prorated on a quarterly basis.
231	(d)(c)  A recreational camp operated by a civic, fraternal,
232	educational, or religious organization that does not rent to the
233	public is exempt from the fee requirements of this subsection.
234	Section 7.  Section 513.05, Florida Statutes, is amended to
235	read:
236	513.05  Rules.-The department may adopt rules pertaining to
237	the location, construction, modification, equipment, and
238	operation of mobile home parks, lodging parks, recreational
239	vehicle parks, and recreational camps, except as provided in s.
240	633.022, as necessary to administer and enforce this chapter,
241	pursuant to and consistent with the delegation of authority
242	established in this section and s. 381.006. Such rules may
243	include definitions of terms; requirements for plan reviews of
244	proposed and existing parks and camps; plan reviews of parks
245	that consolidate or expand space or capacity or change space
246	size; water supply; sewage collection and disposal; plumbing and
247	backflow prevention; garbage and refuse storage, collection, and
248	disposal; insect and rodent control; space requirements; heating
249	facilities; food service; lighting; sanitary facilities;
250	bedding; an occupancy equivalency to spaces for permits for
251	recreational camps; sanitary facilities in recreational vehicle
252	parks; and the owners' responsibilities at recreational vehicle
253	parks and recreational camps.
254	Section 8.  Section 513.054, Florida Statutes, is amended
255	to read:
256	513.054  Penalties for specified offenses by operator.-
257	(1)  Any operator of a mobile home park, lodging park, or
258	recreational vehicle park, or a recreational camp who obstructs
259	or hinders any agent of the department in the proper discharge
260	of the agent's duties; who fails, neglects, or refuses to obtain
261	an operating a permit for the park or camp or refuses to pay the
262	operating permit fee required by law; or who fails or refuses to
263	perform any duty imposed upon the operator by law or rule
264	commits is guilty of a misdemeanor of the second degree,
265	punishable as provided in s. 775.082 or s. 775.083.
266	(2)  On each day that such park or camp is operated in
267	violation of law or rule, there is a separate offense.
268	Section 9.  Section 513.055, Florida Statutes, is amended
269	to read:
270	513.055  Revocation or suspension of operating permit;
271	fines; procedure.-
272	(1)(a)  The department may suspend or revoke an operating a
273	permit issued to any person for a mobile home park, lodging
274	park, recreational vehicle park, or recreational camp upon the
275	failure of that person to comply with this chapter or the rules
276	adopted under this chapter.
277	(b)  An operating A permit may not be suspended under this
278	section for a period of more than 12 months. At the end of the
279	period of suspension, the permittee may apply for reinstatement
280	or renewal of the operating permit. A person whose operating
281	permit is revoked may not apply for another operating permit for
282	that location before prior to the date on which the revoked
283	operating permit would otherwise have expired.
284	(2)(a)  In lieu of such suspension or revocation of an
285	operating a permit, the department may impose a fine against a
286	permittee for the permittee's failure to comply with the
287	provisions described in paragraph (1)(a) or may place such
288	licensee on probation. A No fine so imposed may not shall exceed
289	$500 for each offense, and all amounts collected in fines shall
290	be deposited with the Chief Financial Officer to the credit of
291	the County Health Department Trust Fund.
292	(b)  In determining the amount of fine to be imposed, if
293	any, for a violation, the department shall consider the
294	following factors:
295	1.  The gravity of the violation and the extent to which
296	the provisions of the applicable statutes or rules have been
297	violated.
298	2.  Any action taken by the operator to correct the
299	violation.
300	3.  Any previous violation.
301	Section 10.  Subsection (1) of section 513.10, Florida
302	Statutes, is amended to read:
303	513.10  Operating without permit; enforcement of chapter;
304	penalties.-
305	(1)  Any person who maintains or operates a mobile home
306	park, lodging park, recreational vehicle park, or recreational
307	camp without first obtaining an operating a permit as required
308	by s. 513.02, or who maintains or operates such a park or camp
309	after revocation of the operating permit, commits is guilty of a
310	misdemeanor of the second degree, punishable as provided in s.
311	775.082 or s. 775.083.
312	Section 11.  Section 513.111, Florida Statutes, is
313	repealed.
314	Section 12.  Section 513.1115, Florida Statutes, is created
315	to read:
316	513.1115  Placement of recreational vehicles on lots in
317	permitted parks.-
318	(1)  Separation distances between recreational vehicles
319	shall be the distances established at the time of the initial
320	approval of the recreational vehicle park by the department and
321	the local government.
322	(2)  Setback distances from the exterior property boundary
323	of the recreational vehicle park shall be the setback distances
324	established at the time of the initial approval by the
325	department and the local government.
326	(3)  This section does not limit the regulation of the
327	uniform firesafety standards established under s. 633.022.
328	Section 13.  Subsection (1) of section 513.112, Florida
329	Statutes, is amended to read:
330	513.112  Maintenance of guest register and copy of laws.-
331	(1)  It is the duty of each operator of a recreational
332	vehicle park that rents to transient guests to maintain at all
333	times a register, signed by or for guests who occupy rental
334	sites within the park. The register must show the dates upon
335	which the rental sites were occupied by such guests and the
336	rates charged for the guests' occupancy. This register shall be
337	maintained in chronological order and shall be available for
338	inspection by the department at any time. An operator is not
339	required to retain a register that is more than 2 years old.
340	Section 14.  Section 513.115, Florida Statutes, is amended
341	to read:
342	513.115  Unclaimed property.-Any property having an
343	identifiable owner which is left in a recreational vehicle park
344	by a guest, including, but not limited to, other than property
345	belonging to a guest who has vacated the premises without notice
346	to the operator and with an outstanding account, which property
347	remains unclaimed after having been held by the park for 90 days
348	after written notice was provided to the guest or the owner of
349	the property, may be disposed of by becomes the property of the
350	park. Any titled property, including a boat, a recreational
351	vehicle, or other vehicle, shall be disposed of in accordance
352	with the requirements of chapter 715.
353	Section 15.  Subsections (2) and (4) of section 513.13,
354	Florida Statutes, are amended to read:
355	513.13  Recreational vehicle parks; eviction; grounds;
356	proceedings.-
357	(2)  The operator of any recreational vehicle park shall
358	notify such guest that the park no longer desires to entertain
359	the guest and shall request that such guest immediately depart
360	from the park. Such notice shall be given in writing. If such
361	guest has paid in advance, the park shall, at the time such
362	notice is given, tender to the guest the unused portion of the
363	advance payment. Any guest who remains or attempts to remain in
364	such park after being requested to leave commits is guilty of a
365	misdemeanor of the second degree, punishable as provided in s.
366	775.082 or s. 775.083. If the notice is given in the presence of
367	a law enforcement officer by posting or personal delivery and
368	the person fails to depart from the park immediately, the person
369	commits a misdemeanor of the second degree, punishable as
370	provided in s. 775.082 or s. 775.083.
371	(4)  If any person is illegally on the premises of any
372	recreational vehicle park, the operator of such park may call
373	upon any law enforcement officer of this state for assistance.
374	It is the duty of such law enforcement officer, upon the request
375	of such operator, to place under arrest and take into custody
376	for violation of this section any guest who violates subsection
377	(1) or subsection (2) in the presence of the officer. If a
378	warrant has been issued by the proper judicial officer for the
379	arrest of any violator of subsection (1) or subsection (2), the
380	officer shall serve the warrant, arrest the person, and take the
381	person into custody. Upon arrest, with or without warrant, the
382	guest is deemed to have given up any right to occupancy or to
383	have abandoned the guest's right to occupancy of the premises of
384	the recreational vehicle park; and the operator of the park
385	shall employ all reasonable and proper means to care for any
386	personal property left on the premises by such guest and shall
387	refund any unused portion of moneys paid by such guest for the
388	occupancy of such premises. The operator is not liable for
389	damages to personal property left on the premises by a guest who
390	violates subsection (1) or subsection (2) and is arrested by a
391	law enforcement officer.
392	Section 16.  This act shall take effect September 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.