Florida Senate - 2009                                    SB 2082
       
       
       
       By Senator Dean
       
       
       
       
       3-01782A-09                                           20092082__
    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         construction review and approval requirements for
   11         private parks and camps; amending s. 513.03, F.S.;
   12         revising permit application requirements; amending s.
   13         513.045, F.S.; revising fees charged to operators of
   14         certain parks or camps; providing for the assessment
   15         of late fees; authorizing persons to request from the
   16         department a review of plans for a proposed park or
   17         camp; authorizing a fee for such review; requiring
   18         certain construction and renovation plans to be
   19         submitted to the department for review and approval;
   20         requiring the department to establish fees for review
   21         of such plans and for reinspection of certain parks or
   22         camps; amending s. 513.05, F.S.; providing the
   23         department with additional rulemaking authority;
   24         amending s. 513.051, F.S.; providing for state
   25         preemption of regulatory and permitting authority for
   26         sanitary and other standards for parks and camps under
   27         this chapter; amending s. 513.054, F.S.; providing
   28         that if an operator of a mobile home or recreational
   29         vehicle park or camp refuses to pay the operating
   30         permit fee required by law or fails, neglects, or
   31         refuses to obtain an operating a permit for the park
   32         commits a misdemeanor of the second degree; amending
   33         s. 513.055, F.S.; conforming permit terminology;
   34         amending s. 513.10, F.S.; providing that a person who
   35         operates a mobile home, lodging, or  recreational
   36         vehicle park without a permit commits a misdemeanor of
   37         the second degree; repealing s. 513.111, F.S.,
   38         relating to the posting and advertising of certain
   39         site rates; creating s. 513.1115, F.S.; providing
   40         requirements for the establishment of separation and
   41         setback distances; amending s. 513.112, F.S.; deleting
   42         a provision requiring guest registers to be made
   43         available for inspection by the department at any
   44         time; amending s. 513.115, F.S.; revising requirements
   45         for the handling of unclaimed property; amending s.
   46         513.13, F.S.; providing a penalty for failure to
   47         depart from a park under certain circumstances;
   48         barring an operator from certain liability; providing
   49         an effective date.
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Subsections (5) through (11) of section 513.01,
   54  Florida Statutes, are renumbered as subsections (6) through
   55  (12), respectively, a new subsection (5) is added to that
   56  section, and present subsections (3) and (9) of that section are
   57  amended, to read:
   58         513.01 Definitions.—As used in this chapter, the term:
   59         (3) “Mobile home” means a residential structure that is
   60  transportable in one or more sections, which structure is 8 body
   61  feet (2.4 meters) or more in width, over 35 feet in length with
   62  the hitch, built on an integral chassis, and designed to be used
   63  as a dwelling when connected to the required utilities, and not
   64  originally sold as a recreational vehicle, and includes the
   65  plumbing, heating, air-conditioning, and electrical systems
   66  contained in the structure.
   67         (5) “Occupancy” means the length of time that a
   68  recreational vehicle is occupied by a transient guest and not
   69  the length of time that such vehicle is located on the leased
   70  recreational vehicle site. During the term of the lease, a
   71  recreational vehicle may be stored and tied down on site when
   72  not in use to accommodate the needs of the guest. The affixing
   73  of a recreational vehicle to the ground by way of tie-downs or
   74  other removable fasteners, and the attachment of carports,
   75  porches, screen rooms, and similar appurtenances by way of
   76  removable attaching devices, do not render the recreational
   77  vehicle a permanent part of the recreational vehicle site.
   78         (10)(9) “Recreational vehicle” has the same meaning as
   79  provided for the term “recreational vehicle-type unit” in s.
   80  320.01. However, the terms “temporary living quarters” and
   81  “seasonal or temporary living quarters” as used in s. 320.01, in
   82  reference to recreational vehicles placed in recreational
   83  vehicle parks, relate to the period of time the recreational
   84  vehicle is occupied as living quarters during each year and not
   85  to the period of time it is located in the recreational vehicle
   86  park. During the time the recreational vehicle is not occupied
   87  as temporary or seasonal quarters, it may be stored and tied
   88  down on the recreational vehicle site. The affixing of a
   89  recreational vehicle to the ground by way of tie-downs or other
   90  removable fasteners, and the attachment of carports, porches,
   91  screen rooms, and similar appurtenances by way of removable
   92  attaching devices, does not render the recreational vehicle a
   93  permanent part of the recreational vehicle site.
   94         Section 2. Section 513.012, Florida Statutes, is amended to
   95  read:
   96         513.012 Public health laws; enforcement.—It is the intent
   97  of the Legislature that mobile home parks, lodging parks,
   98  recreational vehicle parks, and recreational camps be regulated
   99  under this chapter. As such, the department shall administer and
  100  enforce, with respect to such parks and camps, laws and rules
  101  provided pursuant ss. 513.01-513.1115 related, but not limited,
  102  relating to sanitation, control of communicable diseases,
  103  illnesses and hazards to health among humans and from animals to
  104  humans, and the general health of the people of the state.
  105  However, nothing in this chapter qualifies a mobile home park, a
  106  lodging park, a recreational vehicle park, or a recreational
  107  camp for a liquor license issued under s. 561.20(2)(a)1. Mobile
  108  home parks, lodging parks, recreational vehicle parks, and
  109  recreational camps regulated under this chapter are exempt from
  110  regulation under the provisions of chapter 509.
  111         Section 3. Section 513.014, Florida Statutes, is amended to
  112  read:
  113         513.014 Applicability of recreational vehicle park
  114  provisions to mobile home parks.—A mobile home park that has
  115  five or more sites set aside for recreational vehicles shall,
  116  for those sites set aside for recreational vehicles, comply with
  117  the recreational vehicle park requirements included in this
  118  chapter. This section does not require a mobile home park with
  119  spaces set aside for recreational vehicles to obtain two
  120  licenses. However, a mobile home park that rents spaces to
  121  recreational vehicles on the basis of long-term leases is
  122  required to comply with the laws and rules relating to mobile
  123  home parks including but not limited to chapter 723, if
  124  applicable.
  125         Section 4. Section 513.02, Florida Statutes, is amended to
  126  read:
  127         513.02 Permits Permit.—
  128         (1) A person may not establish or maintain a mobile home
  129  park, lodging park, recreational vehicle park, or recreational
  130  camp in this state without first obtaining an operating a permit
  131  from the department. Such permit is not transferable from one
  132  place or person to another. Each permit must be renewed
  133  annually.
  134         (2) Prior to commencement of construction of a new park or
  135  camp, or any change to an existing park or camp that requires
  136  construction of new sanitary facilities or additional permitted
  137  sites, a person who operates or maintains such park or camp must
  138  contact the department to receive a construction review and
  139  approval. The items required to be submitted and the process for
  140  issuing a construction review and approval shall be set by
  141  department rule.
  142         (3)(a) An operating permit is not transferable from one
  143  place or person to another. Each permit must be renewed
  144  annually.
  145         (b)(2) The department may refuse a permit to, or refuse to
  146  renew the operating permit of, any park or camp that is not
  147  constructed or maintained in accordance with law and with the
  148  rules of the department.
  149         (c)(3) The department may suspend or revoke an operating a
  150  permit issued to any person that operates or maintains such a
  151  park or camp if such person fails to comply with this chapter or
  152  the rules adopted by the department under this chapter.
  153         (d)(4)An operating A permit for the operation of a park or
  154  camp may not be renewed or transferred if the permittee has an
  155  outstanding fine assessed pursuant to this chapter that which is
  156  in final-order status and judicial reviews are exhausted, unless
  157  the transferee agrees to assume the outstanding fine.
  158         (e)(5) When a park or camp regulated under this chapter is
  159  sold or its ownership transferred, the purchaser transferee must
  160  apply for an operating a permit to the department within 30 days
  161  after before the date of sale transfer. The applicant must
  162  provide the department with a copy of the recorded deed or lease
  163  agreement before the department may issue an operating a permit
  164  to the applicant.
  165         Section 5. Section 513.03, Florida Statutes, is amended to
  166  read:
  167         513.03 Application for and issuance of permit.—
  168         (1) An application for an operating a permit must be made
  169  in writing to the department, on a form prescribed by the
  170  department. The application must state the location of the
  171  existing or proposed park or camp;, the type of park or camp;,
  172  the number of mobile homes or recreational vehicles to be
  173  accommodated; or the number of recreational campsites,
  174  buildings, and sites set aside for group camping, including
  175  barracks, cabins, cottages, and tent spaces; the type of water
  176  supply;, the method of sewage disposal;, and any other
  177  information the department requires.
  178         (2) If the department is satisfied, after reviewing the
  179  application of the proposed or existing park or camp and causing
  180  an inspection to be made, that the park or camp complies with
  181  this chapter and is so located, constructed, and equipped as not
  182  to be a source of danger to the health of the general public,
  183  the department shall issue the necessary construction approval
  184  or operating permit, in writing, on a form prescribed by the
  185  department.
  186         Section 6. Subsection (1) of section 513.045, Florida
  187  Statutes, is amended to read:
  188         513.045 Permit fees.—
  189         (1)(a) Each person seeking a permit to establish, operate,
  190  or maintain a mobile home park, lodging park, recreational
  191  vehicle park, or recreational camp must pay to the department
  192  the fees imposed under this section a fee, the amount of which
  193  shall be set by rule of the department.
  194         (b) Fees established pursuant to this subsection must be
  195  based on the actual costs incurred by the department in carrying
  196  out its responsibilities under this chapter.
  197         1. The fee for an annual operating a permit may not be set
  198  at a rate that is more than $6.50 per space or less than $3.50
  199  per space. Until rules setting these fees are adopted by the
  200  department, the permit fee per space is $3.50. The annual
  201  operating permit fee for a nonexempt recreational camp shall be
  202  based on an equivalency rate for which two camp occupants equal
  203  one space. The total fee assessed to an applicant for an annual
  204  operating permit may not be more than $1,000 $600 or less than
  205  $50, except that a fee may be prorated on a quarterly basis.
  206  Failure to pay an annual operating permit fee in a timely manner
  207  shall result in the assessment of late fees by the department.
  208         2. A person who seeks department review of plans for a
  209  proposed park or camp may submit such plans to the department
  210  for an assessment of whether such plans meet the requirements of
  211  this chapter and the rules adopted under this chapter. The
  212  department may charge a fee established by rule for review of
  213  such plans, not to exceed an amount sufficient to cover the cost
  214  to the department of such review.
  215         3. A person constructing a new park or camp or adding
  216  spaces or renovating an existing park or camp shall, prior to
  217  such construction, renovation, or addition, submit construction
  218  plans to the department for department review and approval. The
  219  department shall establish by rule a fee for such construction
  220  plan review and approval. Such fee shall include but not exceed
  221  an amount sufficient to cover the costs incurred by the
  222  department for plan review and inspections conducted prior to
  223  the opening of the park.
  224         4. The department shall establish by rule a reinspection
  225  fee in an amount sufficient to cover but not exceed the costs
  226  associated with multiple reinspections that are required to
  227  obtain compliance with chronic environmental, public health, and
  228  safety violations that have been the subject of more than two
  229  inspections for cited violations and that have not been
  230  contested or corrected by the park or camp owner.
  231         (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 this chapter. Such rules may
  241  include definitions of terms; requirements for temporary events
  242  at unlicensed locations which may require a temporary operating
  243  permit under this chapter; plan reviews of proposed and existing
  244  parks and camps; plan reviews of parks that consolidate or
  245  expand space or capacity or change space size; water supply;
  246  sewage collection and disposal; plumbing and backflow
  247  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 513.051, Florida Statutes, is amended to
  255  read:
  256         513.051 Preemption.—The department is the exclusive
  257  regulatory and permitting authority for sanitary and other
  258  standards set forth in ss. 513.01-513.1115 for all mobile home
  259  parks, lodging parks, recreational vehicle parks, and
  260  recreational camps in accordance with the provisions of this
  261  chapter. There is hereby expressly preempted to the state all
  262  regulation of mobile home parks, lodging parks, recreational
  263  vehicle parks, and recreational camps subject to ss. 513.01
  264  513.1115. Every unit of local government is prohibited from
  265  taking any action, including the enacting of any rule,
  266  regulation, or ordinance, with respect to the matters and things
  267  hereby preempted to the state.
  268         Section 9. Section 513.054, Florida Statutes, is amended to
  269  read:
  270         513.054 Penalties for specified offenses by operator.—
  271         (1) Any operator of a mobile home park, lodging park, or
  272  recreational vehicle park, or a recreational camp who obstructs
  273  or hinders any agent of the department in the proper discharge
  274  of the agent’s duties; who fails, neglects, or refuses to obtain
  275  an operating a permit for the park or camp or refuses to pay the
  276  operating permit fee required by law; or who fails or refuses to
  277  perform any duty imposed upon the operator by law or rule
  278  commits is guilty of a misdemeanor of the second degree,
  279  punishable as provided in s. 775.082 or s. 775.083.
  280         (2) On each day that such park or camp is operated in
  281  violation of law or rule, there is a separate offense.
  282         Section 10. Section 513.055, Florida Statutes, is amended
  283  to read:
  284         513.055 Revocation or suspension of operating permit;
  285  fines; procedure.—
  286         (1)(a) The department may suspend or revoke an operating a
  287  permit issued to any person for a mobile home park, lodging
  288  park, recreational vehicle park, or recreational camp upon the
  289  failure of that person to comply with this chapter or the rules
  290  adopted under this chapter.
  291         (b) An operating A permit may not be suspended under this
  292  section for a period of more than 12 months. At the end of the
  293  period of suspension, the permittee may apply for reinstatement
  294  or renewal of the operating permit. A person whose operating
  295  permit is revoked may not apply for another operating permit for
  296  that location prior to the date on which the revoked operating
  297  permit would otherwise have expired.
  298         (2)(a) In lieu of such suspension or revocation of an
  299  operating a permit, the department may impose a fine against a
  300  permittee for the permittee’s failure to comply with the
  301  provisions described in paragraph (1)(a) or may place such
  302  licensee on probation. No fine so imposed shall exceed $500 for
  303  each offense, and all amounts collected in fines shall be
  304  deposited with the Chief Financial Officer to the credit of the
  305  County Health Department Trust Fund.
  306         (b) In determining the amount of fine to be imposed, if
  307  any, for a violation, the department shall consider the
  308  following factors:
  309         1. The gravity of the violation and the extent to which the
  310  provisions of the applicable statutes or rules have been
  311  violated.
  312         2. Any action taken by the operator to correct the
  313  violation.
  314         3. Any previous violation.
  315         Section 11. Subsection (1) of section 513.10, Florida
  316  Statutes, is amended to read:
  317         513.10 Operating without permit; enforcement of chapter;
  318  penalties.—
  319         (1) Any person who maintains or operates a mobile home
  320  park, lodging park, recreational vehicle park, or recreational
  321  camp without first obtaining an operating a permit as required
  322  by s. 513.02, or who maintains or operates such a park or camp
  323  after revocation of the operating permit, commits is guilty of a
  324  misdemeanor of the second degree, punishable as provided in s.
  325  775.082 or s. 775.083.
  326         Section 12. Section 513.111, Florida Statutes, is repealed.
  327         Section 13. Section 513.1115, Florida Statutes, is created
  328  to read:
  329         513.1115 Placement of recreational vehicles on lots in
  330  permitted parks.—
  331         (1) Separation distances between recreational vehicles
  332  shall be the distances established at the time of initial
  333  approval of the recreational vehicle park by the department or
  334  as historically applied by local government. This subsection
  335  does not limit the regulation of the uniform firesafety
  336  standards established under s. 633.022.
  337         (2) Setback distances from the exterior property boundary
  338  of the recreational vehicle park shall be in accordance with the
  339  setback distances applicable at the time of the approval by the
  340  department for construction of the recreational vehicle park.
  341         Section 14. Subsection (1) of section 513.112, Florida
  342  Statutes, is amended to read:
  343         513.112 Maintenance of guest register and copy of laws.—
  344         (1) It is the duty of each operator of a recreational
  345  vehicle park that rents to transient guests to maintain at all
  346  times a register, signed by or for guests who occupy rental
  347  sites within the park. The register must show the dates upon
  348  which the rental sites were occupied by such guests and the
  349  rates charged for the guests’ occupancy. This register shall be
  350  maintained in chronological order and shall be available for
  351  inspection by the department at any time. An operator is not
  352  required to retain a register that is more than 2 years old.
  353         Section 15. Section 513.115, Florida Statutes, is amended
  354  to read:
  355         513.115 Unclaimed property.—Any property having an
  356  identifiable owner which is left in a recreational vehicle park
  357  by a guest, including, but not limited to, other than property
  358  belonging to a guest who has vacated the premises without notice
  359  to the operator and with an outstanding account, which property
  360  remains unclaimed after having been held by the park for 90 days
  361  after written notice was provided to the guest or the owner of
  362  the property, may be disposed of by becomes the property of the
  363  park.
  364         Section 16. Subsections (2) and (4) of section 513.13,
  365  Florida Statutes, are amended to read:
  366         513.13 Recreational vehicle parks; eviction; grounds;
  367  proceedings.—
  368         (2) The operator of any recreational vehicle park shall
  369  notify such guest that the park no longer desires to entertain
  370  the guest and shall request that such guest immediately depart
  371  from the park. Such notice shall be given in writing. If such
  372  guest has paid in advance, the park shall, at the time such
  373  notice is given, tender to the guest the unused portion of the
  374  advance payment. Any guest who remains or attempts to remain in
  375  such park after being requested to leave commits is guilty of a
  376  misdemeanor of the second degree, punishable as provided in s.
  377  775.082 or s. 775.083. If the notice is given in the presence of
  378  a law enforcement officer by either posting or personal delivery
  379  and the person fails to depart from the park immediately, the
  380  person commits a misdemeanor of the second degree, punishable as
  381  provided in s. 775.082 or s. 775.083.
  382         (4) If any person is illegally on the premises of any
  383  recreational vehicle park, the operator of such park may call
  384  upon any law enforcement officer of this state for assistance.
  385  It is the duty of such law enforcement officer, upon the request
  386  of such operator, to place under arrest and take into custody
  387  for violation of this section any guest who violates subsection
  388  (1) or subsection (2) in the presence of the officer. If a
  389  warrant has been issued by the proper judicial officer for the
  390  arrest of any violator of subsection (1) or subsection (2), the
  391  officer shall serve the warrant, arrest the person, and take the
  392  person into custody. Upon arrest, with or without warrant, the
  393  guest is deemed to have given up any right to occupancy or to
  394  have abandoned the guest’s right to occupancy of the premises of
  395  the recreational vehicle park; and the operator of the park
  396  shall employ all reasonable and proper means to care for any
  397  personal property left on the premises by such guest and shall
  398  refund any unused portion of moneys paid by such guest for the
  399  occupancy of such premises. The operator is not liable for
  400  damages to personal property left on the premises by a guest who
  401  violates subsection (1) or subsection (2) and is arrested by a
  402  law enforcement officer.
  403         Section 17. This act shall take effect July 1, 2009.