Bill Text: FL S0354 | 2010 | Regular Session | Comm Sub

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Bill Title: Mobile Home and Recreational Vehicle Parks [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Messages [S0354 Detail]

Download: Florida-2010-S0354-Comm_Sub.html

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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.