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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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