HB 197

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 requirements for construction
10	review and approval for private parks and camps; amending
11	s. 513.03, F.S.; revising requirements for permit
12	applications; amending s. 513.045, F.S.; revising fees
13	charged to operators of certain parks or camps; providing
14	for the assessment of late fees; authorizing persons to
15	request from the department a review of plans for a
16	proposed park or camp; authorizing a fee for such review;
17	requiring certain construction and renovation plans to be
18	submitted to the department for review and approval;
19	requiring the department to establish a fee for review of
20	such plans; amending s. 513.05, F.S.; providing the
21	department with additional rulemaking authority; amending
22	s. 513.051, F.S.; providing for state preemption of
23	regulatory and permitting authority for sanitary and other
24	standards for parks and camps under ch. 513, F.S.;
25	amending s. 513.054, F.S.; providing that an operator of a
26	mobile home or recreational vehicle park or camp who
27	refuses to pay the operating permit fee required by law or
28	who fails, neglects, or refuses to obtain an operating
29	permit for the park or camp commits a misdemeanor of the
30	second degree; amending s. 513.055, F.S.; conforming
31	permit terminology; amending s. 513.10, F.S.; providing
32	that a person who operates a mobile home, lodging, or
33	recreational vehicle park or recreational camp without an
34	operating permit commits a misdemeanor of the second
35	degree; repealing s. 513.111, F.S., relating to the
36	posting and advertising of certain site rates; creating s.
37	513.1115, F.S.; providing requirements for the
38	establishment of separation and setback distances;
39	amending s. 513.112, F.S.; deleting a provision requiring
40	guest registers to be made available for inspection by the
41	department at any time; amending s. 513.115, F.S.;
42	revising requirements for the handling of unclaimed
43	property; amending s. 513.13, F.S.; providing a penalty
44	for failure to depart from a park under certain
45	circumstances; barring an operator from certain liability;
46	providing an effective date.
47
48	Be It Enacted by the Legislature of the State of Florida:
49
50	Section 1.  Subsections (5) through (11) of section 513.01,
51	Florida Statutes, are renumbered as subsections (6) through
52	(12), respectively, a new subsection (5) is added to that
53	section, and present subsections (3) and (9) of that section are
54	amended, to read:
55	513.01  Definitions.--As used in this chapter, the term:
56	(3)  "Mobile home" means a residential structure that is
57	transportable in one or more sections, which structure is 8 body
58	feet (2.4 meters) or more in width, over 35 feet in length with
59	the hitch, built on an integral chassis, and designed to be used
60	as a dwelling when connected to the required utilities, and not
61	originally sold as a recreational vehicle, and includes the
62	plumbing, heating, air-conditioning, and electrical systems
63	contained in the structure.
64	(5)  "Occupancy" means the length of time that a
65	recreational vehicle is occupied by a transient guest and not
66	the length of time that such vehicle is located on the leased
67	recreational vehicle site. During the term of the lease, a
68	recreational vehicle may be stored and tied down on site when
69	not in use to accommodate the needs of the guest. The affixing
70	of a recreational vehicle to the ground by way of tie-downs or
71	other removable fasteners, and the attachment of carports,
72	porches, screen rooms, and similar appurtenances by way of
73	removable attaching devices, do not render the recreational
74	vehicle a permanent part of the recreational vehicle site.
75	(10)(9)  "Recreational vehicle" has the same meaning as
76	provided for the term "recreational vehicle-type unit" in s.
77	320.01. However, the terms "temporary living quarters" and
78	"seasonal or temporary living quarters" as used in s. 320.01, in
79	reference to recreational vehicles placed in recreational
80	vehicle parks, relate to the period of time the recreational
81	vehicle is occupied as living quarters during each year and not
82	to the period of time it is located in the recreational vehicle
83	park. During the time the recreational vehicle is not occupied
84	as temporary or seasonal quarters, it may be stored and tied
85	down on the recreational vehicle site. The affixing of a
86	recreational vehicle to the ground by way of tie-downs or other
87	removable fasteners, and the attachment of carports, porches,
88	screen rooms, and similar appurtenances by way of removable
89	attaching devices, does not render the recreational vehicle a
90	permanent part of the recreational vehicle site.
91	Section 2.  Section 513.012, Florida Statutes, is amended
92	to read:
93	513.012  Public health laws; enforcement.--It is the intent
94	of the Legislature that mobile home parks, lodging parks,
95	recreational vehicle parks, and recreational camps be regulated
96	under this chapter. As such, the department shall administer and
97	enforce, with respect to such parks and camps, laws and rules
98	provided pursuant to ss. 513.01-513.1115 which are related, but
99	not limited, relating to sanitation, control of communicable
100	diseases, illnesses and hazards to health among humans and from
101	animals to humans, and the general health of the people of the
102	state. However, nothing in this chapter qualifies a mobile home
103	park, a lodging park, a recreational vehicle park, or a
104	recreational camp for a liquor license issued under s.
105	561.20(2)(a)1. Mobile home parks, lodging parks, recreational
106	vehicle parks, and recreational camps regulated under this
107	chapter are exempt from regulation under the provisions of
108	chapter 509.
109	Section 3.  Section 513.014, Florida Statutes, is amended
110	to read:
111	513.014  Applicability of recreational vehicle park
112	provisions to mobile home parks.--A mobile home park that has
113	five or more sites set aside for recreational vehicles shall,
114	for those sites set aside for recreational vehicles, comply with
115	the recreational vehicle park requirements included in this
116	chapter. This section does not require a mobile home park with
117	spaces set aside for recreational vehicles to obtain two
118	licenses. However, a mobile home park that rents spaces to
119	recreational vehicles on the basis of long-term leases is
120	required to comply with the laws and rules relating to mobile
121	home parks including but not limited to chapter 723, if
122	applicable.
123	Section 4.  Section 513.02, Florida Statutes, is amended to
124	read:
125	513.02  Permits Permit.--
126	(1)  A person may not establish or maintain a mobile home
127	park, lodging park, recreational vehicle park, or recreational
128	camp in this state without first obtaining an operating a permit
129	from the department. Such permit is not transferable from one
130	place or person to another. Each permit must be renewed
131	annually.
132	(2)  Prior to commencement of construction of a new park or
133	camp, or any change to an existing park or camp that requires
134	construction of new sanitary facilities or additional permitted
135	sites, a person who operates or maintains such park or camp must
136	contact the department to receive a construction review and
137	approval. The items required to be submitted and the process for
138	issuing a construction review and approval shall be set by
139	department rule.
140	(3)(a)  An operating permit is not transferable from one
141	place or person to another. Each permit must be renewed
142	annually.
143	(b)(2)  The department may refuse an operating a permit to,
144	or refuse to renew the operating permit of, any park or camp
145	that is not constructed or maintained in accordance with law and
146	with the rules of the department.
147	(c)(3)  The department may suspend or revoke an operating a
148	permit issued to any person that operates or maintains such a
149	park or camp if such person fails to comply with this chapter or
150	the rules adopted by the department under this chapter.
151	(d)(4)  An operating A permit for the operation of a park
152	or camp may not be renewed or transferred if the permittee has
153	an outstanding fine assessed pursuant to this chapter which is
154	in final-order status and judicial reviews are exhausted, unless
155	the transferee agrees to assume the outstanding fine.
156	(e)(5)  When a park or camp regulated under this chapter is
157	sold or its ownership transferred, the purchaser transferee must
158	apply for an operating a permit to the department within 30 days
159	after before the date of sale transfer. The applicant must
160	provide the department with a copy of the recorded deed or lease
161	agreement before the department may issue an operating a permit
162	to the applicant.
163	Section 5.  Section 513.03, Florida Statutes, is amended to
164	read:
165	513.03  Application for and issuance of permit.--
166	(1)  An application for an operating a permit must be made
167	in writing to the department, on a form prescribed by the
168	department. The application must state the location of the
169	existing or proposed park or camp;, the type of park or camp;,
170	the number of mobile homes or recreational vehicles to be
171	accommodated; or the number of recreational campsites,
172	buildings, and sites set aside for group camping, including
173	barracks, cabins, cottages, and tent spaces; the type of water
174	supply;, the method of sewage disposal;, and any other
175	information the department requires.
176	(2)  If the department is satisfied, after reviewing the
177	application of the proposed or existing park or camp and causing
178	an inspection to be made, that the park or camp complies with
179	this chapter and is so located, constructed, and equipped as not
180	to be a source of danger to the health of the general public,
181	the department shall issue the necessary construction approval
182	or operating permit, in writing, on a form prescribed by the
183	department.
184	Section 6.  Subsection (1) of section 513.045, Florida
185	Statutes, is amended to read:
186	513.045  Permit fees.--
187	(1)(a)  Each person seeking a permit to establish, operate,
188	or maintain a mobile home park, lodging park, recreational
189	vehicle park, or recreational camp must pay to the department
190	the fees imposed under this section a fee, the amount of which
191	shall be set by rule of the department.
192	(b)  Fees established pursuant to this subsection must be
193	based on the actual costs incurred by the department in carrying
194	out its responsibilities under this chapter.
195	1.  The fee for an annual operating a permit may not be set
196	at a rate that is more than $6.50 per space or less than $3.50
197	per space. Until rules setting these fees are adopted by the
198	department, the permit fee per space is $3.50. The annual
199	operating permit fee for a nonexempt recreational camp shall be
200	based on an equivalency rate for which two camp occupants equal
201	one space. The total fee assessed to an applicant for an annual
202	operating permit may not be more than $600 or less than $50,
203	except that a fee may be prorated on a quarterly basis. Failure
204	to pay an annual operating permit fee in a timely manner shall
205	result in the assessment of late fees by the department.
206	2.  A person who seeks department review of plans for a
207	proposed park or camp may submit such plans to the department
208	for an assessment of whether such plans meet the requirements of
209	this chapter and the rules adopted under this chapter. The
210	department may charge a fee established by rule for review of
211	such plans, which may not exceed an amount sufficient to cover
212	the cost to the department of such review.
213	3.  A person constructing a new park or camp or adding
214	spaces or renovating an existing park or camp shall, prior to
215	such construction, renovation, or addition, submit construction
216	plans to the department for department review and approval. The
217	department shall establish by rule a fee for such construction
218	plan review and approval. Such fee shall include but not exceed
219	an amount sufficient to cover the costs incurred by the
220	department for plan review and inspections conducted prior to
221	the opening of the park.
222	(c)  A recreational camp operated by a civic, fraternal,
223	educational, or religious organization that does not rent to the
224	public is exempt from the fee requirements of this subsection.
225	Section 7.  Section 513.05, Florida Statutes, is amended to
226	read:
227	513.05  Rules.--The department may adopt rules pertaining
228	to the location, construction, modification, equipment, and
229	operation of mobile home parks, lodging parks, recreational
230	vehicle parks, and recreational camps, except as provided in s.
231	633.022, as necessary to administer this chapter. Such rules may
232	include definitions of terms; requirements for temporary events
233	at unlicensed locations which may require a temporary operating
234	permit under this chapter; plan reviews of proposed and existing
235	parks and camps; plan reviews of parks that consolidate or
236	expand space or capacity or change space size; water supply;
237	sewage collection and disposal; plumbing and backflow
238	prevention; garbage and refuse storage, collection, and
239	disposal; insect and rodent control; space requirements; heating
240	facilities; food service; lighting; sanitary facilities;
241	bedding; an occupancy equivalency to spaces for permits for
242	recreational camps; sanitary facilities in recreational vehicle
243	parks; and the owners' responsibilities at recreational vehicle
244	parks and recreational camps.
245	Section 8.  Section 513.051, Florida Statutes, is amended
246	to read:
247	513.051  Preemption.--The department is the exclusive
248	regulatory and permitting authority for sanitary and other
249	standards set forth in ss. 513.01-513.1115 for all mobile home
250	parks, lodging parks, recreational vehicle parks, and
251	recreational camps in accordance with the provisions of this
252	chapter. All regulation of mobile home parks, lodging parks,
253	recreational vehicle parks, and recreational camps subject to
254	ss. 513.01-513.1115 is expressly preempted to the state. Every
255	unit of local government is prohibited from taking any action,
256	including the enacting of any rule, regulation, or ordinance,
257	with respect to the matters and things hereby preempted to the
258	state.
259	Section 9.  Section 513.054, Florida Statutes, is amended
260	to read:
261	513.054  Penalties for specified offenses by operator.--
262	(1)  Any operator of a mobile home park, lodging park, or
263	recreational vehicle park, or a recreational camp who obstructs
264	or hinders any agent of the department in the proper discharge
265	of the agent's duties; who fails, neglects, or refuses to obtain
266	an operating a permit for the park or camp or refuses to pay the
267	operating permit fee required by law; or who fails or refuses to
268	perform any duty imposed upon the operator by law or rule
269	commits is guilty of a misdemeanor of the second degree,
270	punishable as provided in s. 775.082 or s. 775.083.
271	(2)  On each day that such park or camp is operated in
272	violation of law or rule, there is a separate offense.
273	Section 10.  Section 513.055, Florida Statutes, is amended
274	to read:
275	513.055  Revocation or suspension of operating permit;
276	fines; procedure.--
277	(1)(a)  The department may suspend or revoke an operating a
278	permit issued to any person for a mobile home park, lodging
279	park, recreational vehicle park, or recreational camp upon the
280	failure of that person to comply with this chapter or the rules
281	adopted under this chapter.
282	(b)  An operating A permit may not be suspended under this
283	section for a period of more than 12 months. At the end of the
284	period of suspension, the permittee may apply for reinstatement
285	or renewal of the operating permit. A person whose operating
286	permit is revoked may not apply for another operating permit for
287	that location prior to the date on which the revoked operating
288	permit would otherwise have expired.
289	(2)(a)  In lieu of such suspension or revocation of an
290	operating a permit, the department may impose a fine against a
291	permittee for the permittee's failure to comply with the
292	provisions described in paragraph (1)(a) or may place such
293	licensee on probation. No fine so imposed shall exceed $500 for
294	each offense, and all amounts collected in fines shall be
295	deposited with the Chief Financial Officer to the credit of the
296	County Health Department Trust Fund.
297	(b)  In determining the amount of fine to be imposed, if
298	any, for a violation, the department shall consider the
299	following factors:
300	1.  The gravity of the violation and the extent to which
301	the provisions of the applicable statutes or rules have been
302	violated.
303	2.  Any action taken by the operator to correct the
304	violation.
305	3.  Any previous violation.
306	Section 11.  Subsection (1) of section 513.10, Florida
307	Statutes, is amended to read:
308	513.10  Operating without permit; enforcement of chapter;
309	penalties.--
310	(1)  Any person who maintains or operates a mobile home
311	park, lodging park, recreational vehicle park, or recreational
312	camp without first obtaining an operating a permit as required
313	by s. 513.02, or who maintains or operates such a park or camp
314	after revocation of the operating permit, commits is guilty of a
315	misdemeanor of the second degree, punishable as provided in s.
316	775.082 or s. 775.083.
317	Section 12.  Section 513.111, Florida Statutes, is
318	repealed.
319	Section 13.  Section 513.1115, Florida Statutes, is created
320	to read:
321	513.1115  Placement of recreational vehicles on lots in
322	permitted parks.--
323	(1)  Separation distances between recreational vehicles
324	shall be the distances established at the time of initial
325	approval of the recreational vehicle park by the department or
326	as historically applied by the local government. This subsection
327	does not limit the regulation of the uniform firesafety
328	standards established under s. 633.022.
329	(2)  Setback distances from the exterior property boundary
330	of the recreational vehicle park shall be in accordance with the
331	setback distances applicable at the time of the approval by the
332	department for construction of the recreational vehicle park.
333	Section 14.  Subsection (1) of section 513.112, Florida
334	Statutes, is amended to read:
335	513.112  Maintenance of guest register and copy of laws.--
336	(1)  It is the duty of each operator of a recreational
337	vehicle park that rents to transient guests to maintain at all
338	times a register, signed by or for guests who occupy rental
339	sites within the park. The register must show the dates upon
340	which the rental sites were occupied by such guests and the
341	rates charged for the guests' occupancy. This register shall be
342	maintained in chronological order and shall be available for
343	inspection by the department at any time. An operator is not
344	required to retain a register that is more than 2 years old.
345	Section 15.  Section 513.115, Florida Statutes, is amended
346	to read:
347	513.115  Unclaimed property.--Any property having an
348	identifiable owner which is left in a recreational vehicle park
349	by a guest, including, but not limited to, other than property
350	belonging to a guest who has vacated the premises without notice
351	to the operator and with an outstanding account, which property
352	remains unclaimed after having been held by the park for 90 days
353	after written notice was provided to the guest or the owner of
354	the property, may be disposed of by becomes the property of the
355	park.
356	Section 16.  Subsections (2) and (4) of section 513.13,
357	Florida Statutes, are amended to read:
358	513.13  Recreational vehicle parks; eviction; grounds;
359	proceedings.--
360	(2)  The operator of any recreational vehicle park shall
361	notify such guest that the park no longer desires to entertain
362	the guest and shall request that such guest immediately depart
363	from the park. Such notice shall be given in writing. If such
364	guest has paid in advance, the park shall, at the time such
365	notice is given, tender to the guest the unused portion of the
366	advance payment. Any guest who remains or attempts to remain in
367	such park after being requested to leave commits is guilty of a
368	misdemeanor of the second degree, punishable as provided in s.
369	775.082 or s. 775.083. If the notice is given in the presence of
370	a law enforcement officer by posting or personal delivery and
371	the person fails to depart from the park immediately, the person
372	commits a misdemeanor of the second degree, punishable as
373	provided in s. 775.082 or s. 775.083.
374	(4)  If any person is illegally on the premises of any
375	recreational vehicle park, the operator of such park may call
376	upon any law enforcement officer of this state for assistance.
377	It is the duty of such law enforcement officer, upon the request
378	of such operator, to place under arrest and take into custody
379	for violation of this section any guest who violates subsection
380	(1) or subsection (2) in the presence of the officer. If a
381	warrant has been issued by the proper judicial officer for the
382	arrest of any violator of subsection (1) or subsection (2), the
383	officer shall serve the warrant, arrest the person, and take the
384	person into custody. Upon arrest, with or without warrant, the
385	guest is deemed to have given up any right to occupancy or to
386	have abandoned the guest's right to occupancy of the premises of
387	the recreational vehicle park; and the operator of the park
388	shall employ all reasonable and proper means to care for any
389	personal property left on the premises by such guest and shall
390	refund any unused portion of moneys paid by such guest for the
391	occupancy of such premises. The operator is not liable for
392	damages to personal property left on the premises by a guest who
393	violates subsection (1) or subsection (2) and is arrested by a
394	law enforcement officer.
395	Section 17.  This act shall take effect July 1, 2010.

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