HB 1347

1	A bill to be entitled
2	An act relating to mobile home and recreational vehicle
3	parks; amending s. 513.01, F.S.; providing and revising
4	definitions; amending s. 513.012, F.S.; specifying laws
5	and rules to be enforced by the Department of Health;
6	amending s. 513.014, F.S.; revising applicability of
7	recreational vehicle park requirements to mobile home
8	parks; amending s. 513.02, F.S.; revising permit
9	requirements; providing construction review and approval
10	requirements for private parks and camps; amending s.
11	513.03, F.S.; revising permit application requirements;
12	amending s. 513.045, F.S.; revising fees charged to
13	operators of certain parks or camps; providing for the
14	assessment of late fees; authorizing persons to request
15	from the department a review of plans for a proposed park
16	or camp; authorizing a fee for such review; requiring
17	certain construction and renovation plans to be submitted
18	to the department for review and approval; requiring the
19	department to establish fees for review of such plans and
20	for reinspection of certain parks or camps; amending s.
21	513.05, F.S.; providing the department with additional
22	rulemaking authority; amending s. 513.051, F.S.; providing
23	for state preemption of regulatory and permitting
24	authority for sanitary and other standards for parks and
25	camps under this chapter; amending s. 513.054, F.S.;
26	revising penalties for specified offenses by a park or
27	camp operator; amending s. 513.055, F.S.; conforming
28	permit terminology; amending s. 513.10, F.S.; increasing
29	the penalty for operation of a park or camp without a
30	permit; repealing s. 513.111, F.S., relating to the
31	posting and advertising of certain site rates; creating s.
32	513.1115, F.S.; providing requirements for the
33	establishment of separation and setback distances;
34	amending s. 513.112, F.S.; deleting a provision requiring
35	guest registers to be made available for inspection by the
36	department at any time; amending s. 513.115, F.S.;
37	revising requirements for the handling of unclaimed
38	property; amending s. 513.13, F.S.; providing a penalty
39	for failure to depart from a park under certain
40	circumstances; barring an operator from certain liability;
41	providing an effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1.  Subsections (5) through (11) of section 513.01,
46	Florida Statutes, are renumbered as subsections (6) through
47	(12), respectively, a new subsection (5) is added to that
48	section, and present subsections (3) and (9) of that section are
49	amended, to read:
50	513.01  Definitions.--As used in this chapter, the term:
51	(3)  "Mobile home" means a residential structure that is
52	transportable in one or more sections, which structure is 8 body
53	feet (2.4 meters) or more in width, over 35 feet in length with
54	the hitch, built on an integral chassis, and designed to be used
55	as a dwelling when connected to the required utilities, and not
56	originally sold as a recreational vehicle, and includes the
57	plumbing, heating, air-conditioning, and electrical systems
58	contained in the structure.
59	(5)  "Occupancy" means the length of time that a
60	recreational vehicle is occupied by a transient guest and not
61	the length of time that such vehicle is located on the leased
62	recreational vehicle site. During the term of the lease, a
63	recreational vehicle may be stored and tied down on site when
64	not in use to accommodate the needs of the guest. The affixing
65	of a recreational vehicle to the ground by way of tie-downs or
66	other removable fasteners, and the attachment of carports,
67	porches, screen rooms, and similar appurtenances by way of
68	removable attaching devices, do not render the recreational
69	vehicle a permanent part of the recreational vehicle site.
70	(10)(9)  "Recreational vehicle" has the same meaning as
71	provided for the term "recreational vehicle-type unit" in s.
72	320.01. However, the terms "temporary living quarters" and
73	"seasonal or temporary living quarters" as used in s. 320.01, in
74	reference to recreational vehicles placed in recreational
75	vehicle parks, relate to the period of time the recreational
76	vehicle is occupied as living quarters during each year and not
77	to the period of time it is located in the recreational vehicle
78	park. During the time the recreational vehicle is not occupied
79	as temporary or seasonal quarters, it may be stored and tied
80	down on the recreational vehicle site. The affixing of a
81	recreational vehicle to the ground by way of tie-downs or other
82	removable fasteners, and the attachment of carports, porches,
83	screen rooms, and similar appurtenances by way of removable
84	attaching devices, does not render the recreational vehicle a
85	permanent part of the recreational vehicle site.
86	Section 2.  Section 513.012, Florida Statutes, is amended
87	to read:
88	513.012  Public health laws; enforcement.--It is the intent
89	of the Legislature that mobile home parks, lodging parks,
90	recreational vehicle parks, and recreational camps be regulated
91	under this chapter. As such, the department shall administer and
92	enforce, with respect to such parks and camps, laws and rules
93	provided pursuant ss. 513.01-513.1115 related, but not limited,
94	relating to sanitation, control of communicable diseases,
95	illnesses and hazards to health among humans and from animals to
96	humans, and the general health of the people of the state.
97	However, nothing in this chapter qualifies a mobile home park, a
98	lodging park, a recreational vehicle park, or a recreational
99	camp for a liquor license issued under s. 561.20(2)(a)1. Mobile
100	home parks, lodging parks, recreational vehicle parks, and
101	recreational camps regulated under this chapter are exempt from
102	regulation under the provisions of chapter 509.
103	Section 3.  Section 513.014, Florida Statutes, is amended
104	to read:
105	513.014  Applicability of recreational vehicle park
106	provisions to mobile home parks.--A mobile home park that has
107	five or more sites set aside for recreational vehicles shall,
108	for those sites set aside for recreational vehicles, comply with
109	the recreational vehicle park requirements included in this
110	chapter. This section does not require a mobile home park with
111	spaces set aside for recreational vehicles to obtain two
112	licenses. However, a mobile home park that rents spaces to
113	recreational vehicles on the basis of long-term leases is
114	required to comply with the laws and rules relating to mobile
115	home parks including but not limited to chapter 723, if
116	applicable.
117	Section 4.  Section 513.02, Florida Statutes, is amended to
118	read:
119	513.02  Permits Permit.--
120	(1)  A person may not establish or maintain a mobile home
121	park, lodging park, recreational vehicle park, or recreational
122	camp in this state without first obtaining an operating a permit
123	from the department. Such permit is not transferable from one
124	place or person to another. Each permit must be renewed
125	annually.
126	(2)  Prior to commencement of construction of a new park or
127	camp, or any change to an existing park or camp that requires
128	construction of new sanitary facilities or additional permitted
129	sites, a person who operates or maintains such park or camp must
130	contact the department to receive a construction review and
131	approval. The items required to be submitted and the process for
132	issuing a construction review and approval shall be set by
133	department rule.
134	(3)(a)  An operating permit is not transferable from one
135	place or person to another. Each permit must be renewed
136	annually.
137	(b)(2)  The department may refuse a permit to, or refuse to
138	renew the operating permit of, any park or camp that is not
139	constructed or maintained in accordance with law and with the
140	rules of the department.
141	(c)(3)  The department may suspend or revoke an operating a
142	permit issued to any person that operates or maintains such a
143	park or camp if such person fails to comply with this chapter or
144	the rules adopted by the department under this chapter.
145	(d)(4)  An operating A permit for the operation of a park
146	or camp may not be renewed or transferred if the permittee has
147	an outstanding fine assessed pursuant to this chapter that which
148	is in final-order status and judicial reviews are exhausted,
149	unless the transferee agrees to assume the outstanding fine.
150	(e)(5)  When a park or camp regulated under this chapter is
151	sold or its ownership transferred, the purchaser transferee must
152	apply for an operating a permit to the department within 30 days
153	after before the date of sale transfer. The applicant must
154	provide the department with a copy of the recorded deed or lease
155	agreement before the department may issue an operating a permit
156	to the applicant.
157	Section 5.  Section 513.03, Florida Statutes, is amended to
158	read:
159	513.03  Application for and issuance of permit.--
160	(1)  An application for an operating a permit must be made
161	in writing to the department, on a form prescribed by the
162	department. The application must state the location of the
163	existing or proposed park or camp;, the type of park or camp;,
164	the number of mobile homes or recreational vehicles to be
165	accommodated; or the number of recreational campsites,
166	buildings, and sites set aside for group camping, including
167	barracks, cabins, cottages, and tent spaces; the type of water
168	supply;, the method of sewage disposal;, and any other
169	information the department requires.
170	(2)  If the department is satisfied, after reviewing the
171	application of the proposed or existing park or camp and causing
172	an inspection to be made, that the park or camp complies with
173	this chapter and is so located, constructed, and equipped as not
174	to be a source of danger to the health of the general public,
175	the department shall issue the necessary construction approval
176	or operating permit, in writing, on a form prescribed by the
177	department.
178	Section 6.  Subsection (1) of section 513.045, Florida
179	Statutes, is amended to read:
180	513.045  Permit fees.--
181	(1)(a)  Each person seeking a permit to establish, operate,
182	or maintain a mobile home park, lodging park, recreational
183	vehicle park, or recreational camp must pay to the department
184	the fees imposed under this section a fee, the amount of which
185	shall be set by rule of the department.
186	(b)  Fees established pursuant to this subsection must be
187	based on the actual costs incurred by the department in carrying
188	out its responsibilities under this chapter.
189	1.  The fee for an annual operating a permit may not be set
190	at a rate that is more than $6.50 per space or less than $3.50
191	per space. Until rules setting these fees are adopted by the
192	department, the permit fee per space is $3.50. The annual
193	operating permit fee for a nonexempt recreational camp shall be
194	based on an equivalency rate for which two camp occupants equal
195	one space. The total fee assessed to an applicant for an annual
196	operating permit may not be more than $1,000 $600 or less than
197	$50, except that a fee may be prorated on a quarterly basis.
198	Failure to pay an annual operating permit fee in a timely manner
199	shall result in the assessment of late fees by the department.
200	2.  A person who seeks department review of plans for a
201	proposed park or camp may submit such plans to the department
202	for an assessment of whether such plans meet the requirements of
203	this chapter and the rules adopted under this chapter. The
204	department may charge a fee established by rule for review of
205	such plans, not to exceed an amount sufficient to cover the cost
206	to the department of such review.
207	3.  A person constructing a new park or camp or adding
208	spaces or renovating an existing park or camp shall, prior to
209	such construction, renovation, or addition, submit construction
210	plans to the department for department review and approval. The
211	department shall establish by rule a fee for such construction
212	plan review and approval. Such fee shall include but not exceed
213	an amount sufficient to cover the costs incurred by the
214	department for plan review and inspections conducted prior to
215	the opening of the park.
216	4.  The department shall establish by rule a reinspection
217	fee in an amount sufficient to cover but not exceed the costs
218	associated with multiple reinspections that are required to
219	obtain compliance with chronic environmental, public health, and
220	safety violations that have been the subject of more than two
221	inspections for cited violations and that have not been
222	contested or corrected by the park or camp owner.
223	(c)  A recreational camp operated by a civic, fraternal,
224	educational, or religious organization that does not rent to the
225	public is exempt from the fee requirements of this subsection.
226	Section 7.  Section 513.05, Florida Statutes, is amended to
227	read:
228	513.05  Rules.--The department may adopt rules pertaining
229	to the location, construction, modification, equipment, and
230	operation of mobile home parks, lodging parks, recreational
231	vehicle parks, and recreational camps, except as provided in s.
232	633.022, as necessary to administer this chapter. Such rules may
233	include definitions of terms; requirements for temporary events
234	at unlicensed locations which may require a temporary operating
235	permit under this chapter; plan reviews of proposed and existing
236	parks and camps; plan reviews of parks that consolidate or
237	expand space or capacity or change space size; water supply;
238	sewage collection and disposal; plumbing and backflow
239	prevention; garbage and refuse storage, collection, and
240	disposal; insect and rodent control; space requirements; heating
241	facilities; food service; lighting; sanitary facilities;
242	bedding; an occupancy equivalency to spaces for permits for
243	recreational camps; sanitary facilities in recreational vehicle
244	parks; and the owners' responsibilities at recreational vehicle
245	parks and recreational camps.
246	Section 8.  Section 513.051, Florida Statutes, is amended
247	to read:
248	513.051  Preemption.--The department is the exclusive
249	regulatory and permitting authority for sanitary and other
250	standards set forth in ss. 513.01-513.1115 for all mobile home
251	parks, lodging parks, recreational vehicle parks, and
252	recreational camps in accordance with the provisions of this
253	chapter. There is hereby expressly preempted to the state all
254	regulation of mobile home parks, lodging parks, recreational
255	vehicle parks, and recreational camps subject to ss. 513.01-
256	513.1115. Every unit of local government is prohibited from
257	taking any action, including the enacting of any rule,
258	regulation, or ordinance, with respect to the matters and things
259	hereby preempted to the state.
260	Section 9.  Section 513.054, Florida Statutes, is amended
261	to read:
262	513.054  Penalties for specified offenses by operator.--
263	(1)  Any operator of a mobile home park, lodging park, or
264	recreational vehicle park, or a recreational camp who obstructs
265	or hinders any agent of the department in the proper discharge
266	of the agent's duties; who fails, neglects, or refuses to obtain
267	an operating a permit for the park or camp or refuses to pay the
268	operating permit fee required by law; or who operates the park
269	or camp in a grossly negligent manner that endangers the health,
270	safety, or welfare of the general public commits a felony of the
271	third degree, punishable as provided in s. 775.082, s. 775.083,
272	or s. 775.084.
273	(2)  Any operator of a mobile home park, lodging park,
274	recreational vehicle park, or recreational camp who fails or
275	refuses to perform any duty imposed upon the operator by law or
276	rule commits is guilty of a misdemeanor of the second degree,
277	punishable as provided in s. 775.082 or s. 775.083.
278	(3)  On each day that such park or camp is operated in
279	violation of law or rule, there is a separate offense.
280	Section 10.  Section 513.055, Florida Statutes, is amended
281	to read:
282	513.055  Revocation or suspension of operating permit;
283	fines; procedure.--
284	(1)(a)  The department may suspend or revoke an operating a
285	permit issued to any person for a mobile home park, lodging
286	park, recreational vehicle park, or recreational camp upon the
287	failure of that person to comply with this chapter or the rules
288	adopted under this chapter.
289	(b)  An operating A permit may not be suspended under this
290	section for a period of more than 12 months. At the end of the
291	period of suspension, the permittee may apply for reinstatement
292	or renewal of the operating permit. A person whose operating
293	permit is revoked may not apply for another operating permit for
294	that location prior to the date on which the revoked operating
295	permit would otherwise have expired.
296	(2)(a)  In lieu of such suspension or revocation of an
297	operating a permit, the department may impose a fine against a
298	permittee for the permittee's failure to comply with the
299	provisions described in paragraph (1)(a) or may place such
300	licensee on probation. No fine so imposed shall exceed $500 for
301	each offense, and all amounts collected in fines shall be
302	deposited with the Chief Financial Officer to the credit of the
303	County Health Department Trust Fund.
304	(b)  In determining the amount of fine to be imposed, if
305	any, for a violation, the department shall consider the
306	following factors:
307	1.  The gravity of the violation and the extent to which
308	the provisions of the applicable statutes or rules have been
309	violated.
310	2.  Any action taken by the operator to correct the
311	violation.
312	3.  Any previous violation.
313	Section 11.  Subsection (1) of section 513.10, Florida
314	Statutes, is amended to read:
315	513.10  Operating without permit; enforcement of chapter;
316	penalties.--
317	(1)  Any person who maintains or operates a mobile home
318	park, lodging park, recreational vehicle park, or recreational
319	camp without first obtaining an operating a permit as required
320	by s. 513.02, or who maintains or operates such a park or camp
321	after revocation of the operating permit, commits is guilty of a
322	felony misdemeanor of the third second degree, punishable as
323	provided in s. 775.082, or s. 775.083, or s. 775.084.
324	Section 12.  Section 513.111, Florida Statutes, is
325	repealed.
326	Section 13.  Section 513.1115, Florida Statutes, is created
327	to read:
328	513.1115  Placement of recreational vehicles on lots in
329	permitted parks.--
330	(1)  Separation distances between recreational vehicles
331	shall be the distances established at the time of initial
332	approval of the recreational vehicle park by the department or
333	as historically applied by local government. This subsection
334	does not limit the regulation of the uniform firesafety
335	standards established under s. 633.022.
336	(2)  Setback distances from the exterior property boundary
337	of the recreational vehicle park shall be in accordance with the
338	setback distances applicable at the time of the approval by the
339	department for construction of the recreational vehicle park.
340	Section 14.  Subsection (1) of section 513.112, Florida
341	Statutes, is amended to read:
342	513.112  Maintenance of guest register and copy of laws.--
343	(1)  It is the duty of each operator of a recreational
344	vehicle park that rents to transient guests to maintain at all
345	times a register, signed by or for guests who occupy rental
346	sites within the park. The register must show the dates upon
347	which the rental sites were occupied by such guests and the
348	rates charged for the guests' occupancy. This register shall be
349	maintained in chronological order and shall be available for
350	inspection by the department at any time. An operator is not
351	required to retain a register that is more than 2 years old.
352	Section 15.  Section 513.115, Florida Statutes, is amended
353	to read:
354	513.115  Unclaimed property.--Any property having an
355	identifiable owner which is left in a recreational vehicle park
356	by a guest, including, but not limited to, other than property
357	belonging to a guest who has vacated the premises without notice
358	to the operator and with an outstanding account, which property
359	remains unclaimed after having been held by the park for 90 days
360	after written notice was provided to the guest or the owner of
361	the property, may be disposed of by becomes the property of the
362	park.
363	Section 16.  Subsections (2) and (4) of section 513.13,
364	Florida Statutes, are amended to read:
365	513.13  Recreational vehicle parks; eviction; grounds;
366	proceedings.--
367	(2)  The operator of any recreational vehicle park shall
368	notify such guest that the park no longer desires to entertain
369	the guest and shall request that such guest immediately depart
370	from the park. Such notice shall be given in writing. If such
371	guest has paid in advance, the park shall, at the time such
372	notice is given, tender to the guest the unused portion of the
373	advance payment. Any guest who remains or attempts to remain in
374	such park after being requested to leave commits is guilty of a
375	misdemeanor of the second degree, punishable as provided in s.
376	775.082 or s. 775.083. If the notice is given in the presence of
377	a law enforcement officer by either posting or personal delivery
378	and the person fails to depart from the park immediately, the
379	person commits a misdemeanor of the second degree, punishable as
380	provided in s. 775.082 or s. 775.083.
381	(4)  If any person is illegally on the premises of any
382	recreational vehicle park, the operator of such park may call
383	upon any law enforcement officer of this state for assistance.
384	It is the duty of such law enforcement officer, upon the request
385	of such operator, to place under arrest and take into custody
386	for violation of this section any guest who violates subsection
387	(1) or subsection (2) in the presence of the officer. If a
388	warrant has been issued by the proper judicial officer for the
389	arrest of any violator of subsection (1) or subsection (2), the
390	officer shall serve the warrant, arrest the person, and take the
391	person into custody. Upon arrest, with or without warrant, the
392	guest is deemed to have given up any right to occupancy or to
393	have abandoned the guest's right to occupancy of the premises of
394	the recreational vehicle park; and the operator of the park
395	shall employ all reasonable and proper means to care for any
396	personal property left on the premises by such guest and shall
397	refund any unused portion of moneys paid by such guest for the
398	occupancy of such premises. The operator is not liable for
399	damages to personal property left on the premises by a guest who
400	violates subsection (1) or subsection (2) and is arrested by law
401	enforcement.
402	Section 17.  This act shall take effect July 1, 2009.

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