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 | providing for the adoption of rules; amending s. 513.014, |
7 | F.S.; revising applicability of recreational vehicle park |
8 | requirements to mobile home parks; amending s. 513.02, |
9 | F.S.; revising permit requirements; providing requirements |
10 | for construction review and approval for private parks and |
11 | camps; requiring the department to adopt rules; requiring |
12 | certain construction and renovation plans to be submitted |
13 | to the department for review and approval; amending s. |
14 | 513.03, F.S.; revising requirements for permit |
15 | applications; amending s. 513.045, F.S.; revising fees |
16 | charged to operators of certain parks or camps; |
17 | authorizing persons to request from the department a |
18 | review of plans for a proposed park or camp; amending s. |
19 | 513.05, F.S.; providing the department with additional |
20 | rulemaking authority; amending s. 513.054, F.S.; providing |
21 | that an operator of a mobile home park, lodging park, |
22 | recreational vehicle park, or recreational camp who |
23 | refuses to pay the operating permit fee required by law or |
24 | who fails, neglects, or refuses to obtain an operating |
25 | permit for the park commits a misdemeanor of the second |
26 | degree; providing penalties; amending s. 513.055, F.S.; |
27 | conforming terminology; amending s. 513.10, F.S.; |
28 | providing that a person who operates a mobile home park, |
29 | lodging park, recreational vehicle park, or recreational |
30 | camp without a permit commits a misdemeanor of the second |
31 | degree; repealing s. 513.111, F.S., relating to the |
32 | posting and advertising of certain site rates; creating s. |
33 | 513.1115, F.S.; providing requirements for the |
34 | establishment of separation and setback distances; |
35 | amending s. 513.112, F.S.; deleting a provision requiring |
36 | guest registers to be made available for inspection by the |
37 | department at any time; amending s. 513.115, F.S.; |
38 | revising requirements for the handling of unclaimed |
39 | property; amending s. 513.13, F.S.; providing a penalty |
40 | for failure to depart from a park under certain |
41 | circumstances; barring an operator from certain liability; |
42 | providing an effective date. |
43 |
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44 | Be It Enacted by the Legislature of the State of Florida: |
45 |
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46 | Section 1. Subsection (3) of section 513.01, Florida |
47 | Statutes, is amended, present subsections (5) through (11) of |
48 | that section are renumbered as subsections (6) through (12), |
49 | respectively, and a new subsection (5) is added to that section, |
50 | to read: |
51 | 513.01 Definitions.-As used in this chapter, the term: |
52 | (3) "Mobile home" means a residential structure that is |
53 | transportable in one or more sections, which structure is 8 body |
54 | feet (2.4 meters) or more in width, over 35 feet in length with |
55 | the hitch, built on an integral chassis, and designed to be used |
56 | as a dwelling when connected to the required utilities, and not |
57 | originally sold as a recreational vehicle, and includes the |
58 | plumbing, heating, air-conditioning, and electrical systems |
59 | contained in the structure. |
60 | (5) "Occupancy" means the length of time that a |
61 | recreational vehicle is occupied by a transient guest and not |
62 | the length of time that such vehicle is located on the leased |
63 | recreational vehicle site. A recreational vehicle may be stored |
64 | and tied down on site when not in use to accommodate the needs |
65 | of the guest. The attachment of a recreational vehicle to the |
66 | ground by way of tie-downs or other removable fasteners, and the |
67 | attachment of carports, porches, screen rooms, and similar |
68 | appurtenances by way of removable attaching devices, do not |
69 | render the recreational vehicle a permanent part of the |
70 | recreational vehicle site. |
71 | Section 2. Section 513.012, Florida Statutes, is amended |
72 | to read: |
73 | 513.012 Public health laws; enforcement.- |
74 | (1) It is the intent of the Legislature that mobile home |
75 | parks, lodging parks, recreational vehicle parks, and |
76 | recreational camps be regulated under this chapter. As such, the |
77 | department shall administer and enforce, with respect to such |
78 | parks and camps, uniform laws and rules relating to sanitation, |
79 | control of communicable diseases, illnesses and hazards to |
80 | health among humans and from animals to humans, and the general |
81 | health of the people of the state, pursuant to and consistent |
82 | with the delegation of authority established in this section and |
83 | s. 381.006. |
84 | (2) This chapter establishes uniform standards to be |
85 | administered and enforced by the department for the issuing of |
86 | permits for, and the operation of, mobile home parks, lodging |
87 | parks, recreational vehicle parks, and recreational camps, which |
88 | include: |
89 | (a) The design, location, and site sizes for sites in |
90 | parks and camps; |
91 | (b) Sanitary standards for the issuing of permits for, and |
92 | the operation of, parks and camps; |
93 | (c) The issuing of permits for parks and camps as required |
94 | by this chapter; |
95 | (d) The inspection of parks and camps to enforce |
96 | compliance with this chapter; and |
97 | (e) Permit requirements. |
98 | (3) This chapter establishes uniform standards for |
99 | recreational vehicle parks and camps which apply to: |
100 | (a) Occupancy standards for transient rentals in |
101 | recreational vehicle parks and camps; |
102 | (b) The liability for property of guests left on sites; |
103 | (c) Separation and setback distances established at the |
104 | time of initial approval; |
105 | (d) The maintenance of guest registers; |
106 | (e) Unclaimed property; |
107 | (f) Conduct of transient guests; |
108 | (g) Theft of personal property; |
109 | (h) Evictions of transient guests; |
110 | (i) Writs of distress; and |
111 | (j) The placement of recreational vehicles as described in |
112 | s. 320.01(1)(b) according to their sizes and types. |
113 | (4) Local governmental actions, ordinances, and |
114 | resolutions must be consistent with the uniform standards |
115 | established pursuant to this chapter and as implemented by rules |
116 | of the department. This chapter does not limit the authority of |
117 | a local government to adopt and enforce land use, building, |
118 | firesafety, and other regulations. |
119 | (5) However, nothing in this chapter qualifies a mobile |
120 | home park, a lodging park, a recreational vehicle park, or a |
121 | recreational camp for a liquor license issued under s. |
122 | 561.20(2)(a)1. Mobile home parks, lodging parks, recreational |
123 | vehicle parks, and recreational camps regulated under this |
124 | chapter are exempt from regulation under the provisions of |
125 | chapter 509. |
126 | Section 3. Section 513.014, Florida Statutes, is amended |
127 | to read: |
128 | 513.014 Applicability of recreational vehicle park |
129 | provisions to mobile home parks.-A mobile home park that has |
130 | five or more sites set aside for recreational vehicles shall, |
131 | for those sites set aside for recreational vehicles, comply with |
132 | the recreational vehicle park requirements included in this |
133 | chapter. This section does not require a mobile home park with |
134 | spaces set aside for recreational vehicles to obtain two |
135 | licenses. However, a mobile home park that rents spaces to |
136 | recreational vehicles on the basis of long-term leases is |
137 | required to comply with the laws and rules relating to mobile |
138 | home parks including but not limited to chapter 723, if |
139 | applicable. |
140 | Section 4. Section 513.02, Florida Statutes, is amended to |
141 | read: |
142 | 513.02 Permits Permit.- |
143 | (1) A person may not establish or maintain a mobile home |
144 | park, lodging park, recreational vehicle park, or recreational |
145 | camp in this state without first obtaining an operating a permit |
146 | from the department. Such permit is not transferable from one |
147 | place or person to another. Each permit must be renewed |
148 | annually. |
149 | (2) Before the commencement of construction of a new park |
150 | or camp or before any change to an existing park or camp which |
151 | requires construction of new sanitary facilities or additional |
152 | permitted sites, a person who operates or maintains such park or |
153 | camp must contact the department to receive a review and |
154 | approval. The items required to be submitted and the process for |
155 | issuing a review and approval shall be set by department rule. |
156 | (3)(a) An operating permit is not transferable from one |
157 | place or person to another. Each permit must be renewed |
158 | annually. |
159 | (b)(2) The department may refuse to issue an operating a |
160 | permit to, or refuse to renew the operating permit of, any park |
161 | or camp that is not constructed or maintained in accordance with |
162 | law and with the rules of the department. |
163 | (c)(3) The department may suspend or revoke an operating a |
164 | permit issued to any person that operates or maintains such a |
165 | park or camp if such person fails to comply with this chapter or |
166 | the rules adopted by the department under this chapter. |
167 | (d)(4) An operating A permit for the operation of a park |
168 | or camp may not be renewed or transferred if the permittee has |
169 | an outstanding fine assessed pursuant to this chapter which is |
170 | in final-order status and judicial reviews are exhausted, unless |
171 | the transferee agrees to assume the outstanding fine. |
172 | (e)(5) When a park or camp regulated under this chapter is |
173 | sold or its ownership transferred, the purchaser who continues |
174 | operation of the park or camp transferee must apply to the |
175 | department for an operating a permit within 30 days after to the |
176 | department before the date of sale transfer. The applicant must |
177 | provide the department with a copy of the recorded deed or lease |
178 | agreement before the department may issue an operating a permit |
179 | to the applicant. |
180 | (4) Each person seeking department review of plans for a |
181 | proposed park or camp may submit such plans to the department |
182 | for an assessment of whether such plans meet the requirements of |
183 | this chapter and the rules adopted under this chapter. |
184 | (5) Each person constructing a new park or camp or adding |
185 | spaces to an existing park or camp must, before the |
186 | construction, renovation, or addition, submit plans to the |
187 | department for department review and approval. |
188 | Section 5. Section 513.03, Florida Statutes, is amended to |
189 | read: |
190 | 513.03 Application for and issuance of permit.- |
191 | (1) An application for an operating a permit must be made |
192 | in writing to the department, on a form prescribed by the |
193 | department. The application must state the location of the |
194 | existing or proposed park or camp;, the type of park or camp;, |
195 | the number of mobile homes or recreational vehicles to be |
196 | accommodated; or the number of recreational campsites, |
197 | buildings, and sites set aside for group camping, including |
198 | barracks, cabins, cottages, and tent spaces; the type of water |
199 | supply;, the method of sewage disposal;, and any other |
200 | information the department requires. |
201 | (2) If the department is satisfied, after reviewing the |
202 | application of the proposed or existing park or camp and causing |
203 | an inspection to be made, that the park or camp complies with |
204 | this chapter and is so located, constructed, and equipped as not |
205 | to be a source of danger to the health of the general public, |
206 | the department shall issue the necessary approval or operating |
207 | permit, in writing, on a form prescribed by the department. |
208 | Section 6. Subsection (1) of section 513.045, Florida |
209 | Statutes, is amended to read: |
210 | 513.045 Permit fees.- |
211 | (1)(a) Each person seeking a permit to establish, operate, |
212 | or maintain a mobile home park, lodging park, recreational |
213 | vehicle park, or recreational camp must pay to the department a |
214 | fee, the amount of which shall be set by rule of the department. |
215 | (b) Fees established pursuant to this subsection must be |
216 | based on the actual costs incurred by the department in carrying |
217 | out its responsibilities under this chapter. |
218 | (c) The fee for an annual operating a permit may not be |
219 | set at a rate that is more than $6.50 per space or less than |
220 | $3.50 per space. Until rules setting these fees are adopted by |
221 | the department, the permit fee per space is $3.50. The annual |
222 | operating permit fee for a nonexempt recreational camp shall be |
223 | based on an equivalency rate for which two camp occupants equal |
224 | one space. The total fee assessed to an applicant for an annual |
225 | operating permit may not be more than $600 or less than $50, |
226 | except that a fee may be prorated on a quarterly basis. |
227 | (d)(c) A recreational camp operated by a civic, fraternal, |
228 | educational, or religious organization that does not rent to the |
229 | public is exempt from the fee requirements of this subsection. |
230 | Section 7. Section 513.05, Florida Statutes, is amended to |
231 | read: |
232 | 513.05 Rules.-The department may adopt rules pertaining to |
233 | the location, construction, modification, equipment, and |
234 | operation of mobile home parks, lodging parks, recreational |
235 | vehicle parks, and recreational camps, except as provided in s. |
236 | 633.022, as necessary to administer and enforce this chapter, |
237 | pursuant to and consistent with the delegation of authority |
238 | established in this section and s. 381.006. Such rules may |
239 | include definitions of terms; requirements for plan reviews of |
240 | proposed and existing parks and camps; plan reviews of parks |
241 | that consolidate or expand space or capacity or change space |
242 | size; water supply; sewage collection and disposal; plumbing and |
243 | backflow prevention; garbage and refuse storage, collection, and |
244 | disposal; insect and rodent control; space requirements; heating |
245 | facilities; food service; lighting; sanitary facilities; |
246 | bedding; an occupancy equivalency to spaces for permits for |
247 | recreational camps; sanitary facilities in recreational vehicle |
248 | parks; and the owners' responsibilities at recreational vehicle |
249 | parks and recreational camps. |
250 | Section 8. Section 513.054, Florida Statutes, is amended |
251 | to read: |
252 | 513.054 Penalties for specified offenses by operator.- |
253 | (1) Any operator of a mobile home park, lodging park, or |
254 | recreational vehicle park, or a recreational camp who obstructs |
255 | or hinders any agent of the department in the proper discharge |
256 | of the agent's duties; who fails, neglects, or refuses to obtain |
257 | an operating a permit for the park or camp or refuses to pay the |
258 | operating permit fee required by law; or who fails or refuses to |
259 | perform any duty imposed upon the operator by law or rule |
260 | commits is guilty of a misdemeanor of the second degree, |
261 | punishable as provided in s. 775.082 or s. 775.083. |
262 | (2) On each day that such park or camp is operated in |
263 | violation of law or rule, there is a separate offense. |
264 | Section 9. Section 513.055, Florida Statutes, is amended |
265 | to read: |
266 | 513.055 Revocation or suspension of operating permit; |
267 | fines; procedure.- |
268 | (1)(a) The department may suspend or revoke an operating a |
269 | permit issued to any person for a mobile home park, lodging |
270 | park, recreational vehicle park, or recreational camp upon the |
271 | failure of that person to comply with this chapter or the rules |
272 | adopted under this chapter. |
273 | (b) An operating A permit may not be suspended under this |
274 | section for a period of more than 12 months. At the end of the |
275 | period of suspension, the permittee may apply for reinstatement |
276 | or renewal of the operating permit. A person whose operating |
277 | permit is revoked may not apply for another operating permit for |
278 | that location before prior to the date on which the revoked |
279 | operating permit would otherwise have expired. |
280 | (2)(a) In lieu of such suspension or revocation of an |
281 | operating a permit, the department may impose a fine against a |
282 | permittee for the permittee's failure to comply with the |
283 | provisions described in paragraph (1)(a) or may place such |
284 | licensee on probation. No fine so imposed shall exceed $500 for |
285 | each offense, and all amounts collected in fines shall be |
286 | deposited with the Chief Financial Officer to the credit of the |
287 | County Health Department Trust Fund. |
288 | (b) In determining the amount of fine to be imposed, if |
289 | any, for a violation, the department shall consider the |
290 | following factors: |
291 | 1. The gravity of the violation and the extent to which |
292 | the provisions of the applicable statutes or rules have been |
293 | violated. |
294 | 2. Any action taken by the operator to correct the |
295 | violation. |
296 | 3. Any previous violation. |
297 | Section 10. Subsection (1) of section 513.10, Florida |
298 | Statutes, is amended to read: |
299 | 513.10 Operating without permit; enforcement of chapter; |
300 | penalties.- |
301 | (1) Any person who maintains or operates a mobile home |
302 | park, lodging park, recreational vehicle park, or recreational |
303 | camp without first obtaining an operating a permit as required |
304 | by s. 513.02, or who maintains or operates such a park or camp |
305 | after revocation of the operating permit, commits is guilty of a |
306 | misdemeanor of the second degree, punishable as provided in s. |
307 | 775.082 or s. 775.083. |
308 | Section 11. Section 513.111, Florida Statutes, is |
309 | repealed. |
310 | Section 12. Section 513.1115, Florida Statutes, is created |
311 | to read: |
312 | 513.1115 Placement of recreational vehicles on lots in |
313 | permitted parks.- |
314 | (1) Separation distances between recreational vehicles |
315 | shall be the distances established at the time of the initial |
316 | approval of the recreational vehicle park by the department and |
317 | the local government. |
318 | (2) Setback distances from the exterior property boundary |
319 | of the recreational vehicle park shall be the setback distances |
320 | established at the time of the initial approval by the |
321 | department and the local government. |
322 | (3) This section does not limit the regulation of the |
323 | uniform firesafety standards established under s. 633.022. |
324 | Section 13. Subsection (1) of section 513.112, Florida |
325 | Statutes, is amended to read: |
326 | 513.112 Maintenance of guest register and copy of laws.- |
327 | (1) It is the duty of each operator of a recreational |
328 | vehicle park that rents to transient guests to maintain at all |
329 | times a register, signed by or for guests who occupy rental |
330 | sites within the park. The register must show the dates upon |
331 | which the rental sites were occupied by such guests and the |
332 | rates charged for the guests' occupancy. This register shall be |
333 | maintained in chronological order and shall be available for |
334 | inspection by the department at any time. An operator is not |
335 | required to retain a register that is more than 2 years old. |
336 | Section 14. Section 513.115, Florida Statutes, is amended |
337 | to read: |
338 | 513.115 Unclaimed property.-Any property having an |
339 | identifiable owner which is left in a recreational vehicle park |
340 | by a guest, including, but not limited to, other than property |
341 | belonging to a guest who has vacated the premises without notice |
342 | to the operator and with an outstanding account, which property |
343 | remains unclaimed after having been held by the park for 90 days |
344 | after written notice was provided to the guest or the owner of |
345 | the property, may be disposed of by becomes the property of the |
346 | park. Any titled property, including a boat, a recreational |
347 | vehicle, or other vehicle, shall be disposed of in accordance |
348 | with the requirements of chapter 715. |
349 | Section 15. Subsections (2) and (4) of section 513.13, |
350 | Florida Statutes, are amended to read: |
351 | 513.13 Recreational vehicle parks; eviction; grounds; |
352 | proceedings.- |
353 | (2) The operator of any recreational vehicle park shall |
354 | notify such guest that the park no longer desires to entertain |
355 | the guest and shall request that such guest immediately depart |
356 | from the park. Such notice shall be given in writing. If such |
357 | guest has paid in advance, the park shall, at the time such |
358 | notice is given, tender to the guest the unused portion of the |
359 | advance payment. Any guest who remains or attempts to remain in |
360 | such park after being requested to leave commits is guilty of a |
361 | misdemeanor of the second degree, punishable as provided in s. |
362 | 775.082 or s. 775.083. If the notice is given in the presence of |
363 | a law enforcement officer by posting or personal delivery and |
364 | the person fails to depart from the park immediately, the person |
365 | commits a misdemeanor of the second degree, punishable as |
366 | provided in s. 775.082 or s. 775.083. |
367 | (4) If any person is illegally on the premises of any |
368 | recreational vehicle park, the operator of such park may call |
369 | upon any law enforcement officer of this state for assistance. |
370 | It is the duty of such law enforcement officer, upon the request |
371 | of such operator, to place under arrest and take into custody |
372 | for violation of this section any guest who violates subsection |
373 | (1) or subsection (2) in the presence of the officer. If a |
374 | warrant has been issued by the proper judicial officer for the |
375 | arrest of any violator of subsection (1) or subsection (2), the |
376 | officer shall serve the warrant, arrest the person, and take the |
377 | person into custody. Upon arrest, with or without warrant, the |
378 | guest is deemed to have given up any right to occupancy or to |
379 | have abandoned the guest's right to occupancy of the premises of |
380 | the recreational vehicle park; and the operator of the park |
381 | shall employ all reasonable and proper means to care for any |
382 | personal property left on the premises by such guest and shall |
383 | refund any unused portion of moneys paid by such guest for the |
384 | occupancy of such premises. The operator is not liable for |
385 | damages to personal property left on the premises by a guest who |
386 | violates subsection (1) or subsection (2) and is arrested by a |
387 | law enforcement officer. |
388 | Section 16. This act shall take effect September 1, 2011. |