Florida Senate - 2020                              CS for SB 772
       
       
        
       By the Committee on Community Affairs; and Senators Hutson,
       Perry, and Flores
       
       
       
       
       578-02685-20                                           2020772c1
    1                        A bill to be entitled                      
    2         An act relating to recreational vehicle parks;
    3         amending s. 513.012, F.S.; revising legislative
    4         intent; amending s. 513.02, F.S.; providing a
    5         timeframe for certain owners or transferees to apply
    6         for a permit; amending s. 513.051, F.S.; preempting to
    7         the Department of Health the regulatory authority for
    8         permitting standards; amending s. 513.112, F.S.;
    9         providing that evidence of a certain length of stay in
   10         a guest register creates a rebuttable presumption that
   11         a guest is transient; amending s. 513.1115, F.S.;
   12         providing standards for a damaged or destroyed
   13         recreational vehicle park to be rebuilt under certain
   14         circumstances; superseding certain local government
   15         regulation; amending s. 513.115, F.S.; specifying when
   16         certain property becomes abandoned; providing for
   17         disposition of the abandoned property; amending s.
   18         513.118, F.S.; authorizing a park operator to refuse
   19         certain individuals access to the premises and to
   20         eject transient guests or visitors based on specified
   21         conduct; providing that a person who refuses to leave
   22         the park premises commits the offense of trespass;
   23         providing immunity from liability for certain law
   24         enforcement officers; providing an exception;
   25         providing for removal of a guest’s property; amending
   26         s. 513.13, F.S.; providing for a guest’s ejection from
   27         a park and specifying grounds and requirements for
   28         ejection; providing for removal of the guest’s
   29         property; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 513.012, Florida Statutes, is amended to
   34  read:
   35         513.012 Public health laws; enforcement.—It is the intent
   36  of the Legislature that mobile home parks, lodging parks,
   37  recreational vehicle parks, and recreational camps be
   38  exclusively regulated under this chapter. As such, the
   39  department shall administer and enforce, with respect to such
   40  parks and camps, laws and rules relating to sanitation, control
   41  of communicable diseases, illnesses and hazards to health among
   42  humans and from animals to humans, and permitting and
   43  operational matters in order to protect the general health and
   44  well-being of the residents people of and visitors to the state.
   45  However, nothing in this chapter qualifies a mobile home park, a
   46  lodging park, a recreational vehicle park, or a recreational
   47  camp for a liquor license issued under s. 561.20(2)(a)1. Mobile
   48  home parks, lodging parks, recreational vehicle parks, and
   49  recreational camps regulated under this chapter are exempt from
   50  regulation under the provisions of chapter 509.
   51         Section 2. Subsection (5) of section 513.02, Florida
   52  Statutes, is amended to read:
   53         513.02 Permit.—
   54         (5) When a park or camp regulated under this chapter is
   55  sold or its ownership transferred, the transferee must apply for
   56  a permit to the department within 60 days after before the date
   57  of transfer. The applicant must provide the department with a
   58  copy of the recorded deed or lease agreement before the
   59  department may issue a permit to the applicant.
   60         Section 3. Section 513.051, Florida Statutes, is amended to
   61  read:
   62         513.051 Preemption.—The department is the exclusive
   63  regulatory and permitting authority for sanitary and permitting
   64  standards for all mobile home parks, lodging parks, recreational
   65  vehicle parks, and recreational camps in accordance with the
   66  provisions of this chapter.
   67         Section 4. Subsection (3) is added to section 513.112,
   68  Florida Statutes, to read:
   69         513.112 Maintenance of guest register and copy of laws.—
   70         (3)When a guest occupies a recreational vehicle in a
   71  recreational vehicle park for less than 6 months, as evidenced
   72  by the length of stay shown in the guest register, there is a
   73  rebuttable presumption that the occupancy is transient.
   74         Section 5. Present subsection (3) of section 513.1115,
   75  Florida Statutes, is redesignated as subsection (4) and amended,
   76  and a new subsection (3) is added to that section, to read:
   77         513.1115 Placement of recreational vehicles on lots in
   78  permitted parks.—
   79         (3)If a recreational vehicle park is damaged or destroyed
   80  as a result of wind, water, or other natural disaster, the park
   81  may be rebuilt on the same site using the same density standards
   82  that were approved or permitted before the park was damaged or
   83  destroyed.
   84         (4)(3) This section does not limit the regulation of the
   85  uniform firesafety standards established under s. 633.206.
   86  However, this section shall supersede any other local government
   87  law or regulation regarding the lot size, lot density, or
   88  separation or setback distance of a recreational vehicle park
   89  which goes into effect after the initial permitting and
   90  construction of the park.
   91         Section 6. Section 513.115, Florida Statutes, is amended to
   92  read:
   93         513.115 Unclaimed property.—Any property having an
   94  identifiable owner which is left in a recreational vehicle park
   95  by a guest, other than property belonging to a guest who has
   96  vacated the premises without notice to the operator and with an
   97  outstanding account, which property remains unclaimed after
   98  having been held by a the park for 90 days after written notice
   99  was provided to the guest or the owner of the property, becomes
  100  the property of the park. Any property that is left by a guest
  101  who has vacated the premises without notice to the operator and
  102  who has an outstanding account is considered abandoned property,
  103  and disposition thereof shall be governed by the Disposition of
  104  Personal Property Landlord and Tenant Act under s. 715.10.
  105         Section 7. Section 513.118, Florida Statutes, is amended to
  106  read:
  107         513.118 Conduct on premises; refusal of service.—
  108         (1) The operator of a recreational vehicle park may refuse
  109  to provide accommodations, or service, or access to the premises
  110  to any transient guest or visitor person whose conduct on the
  111  premises of the park displays intoxication, profanity, lewdness,
  112  or brawling; who indulges in such language or conduct as to
  113  disturb the peace, quiet enjoyment, or comfort of other guests;
  114  who engages in illegal or disorderly conduct; or whose conduct
  115  constitutes a nuisance or safety hazard.
  116         (2)The operator of a recreational vehicle park may request
  117  that a transient guest or visitor who violates subsection (1)
  118  leave the premises immediately. A person who refuses to leave
  119  the premises commits the offense of trespass as provided in s.
  120  810.08, and the operator may call a law enforcement officer to
  121  have the person and his or her property removed under the
  122  supervision of the officer. A law enforcement officer is not
  123  liable for any claim involving the removal of the person or
  124  property from the recreational vehicle park under this section,
  125  except as provided under s. 768.28. If conditions do not allow
  126  for immediate removal of the person’s property, he or she may
  127  arrange a reasonable time, not to exceed 48 hours, with the
  128  operator to come remove the property, accompanied by a law
  129  enforcement officer.
  130         (3) Such refusal of accommodations, or service, or access
  131  to the premises may shall not be based upon race, color,
  132  national origin, sex, physical disability, or creed.
  133         Section 8. Section 513.13, Florida Statutes, is amended to
  134  read:
  135         513.13 Recreational vehicle parks; ejection eviction;
  136  grounds; proceedings.—
  137         (1) The operator of any recreational vehicle park may
  138  remove or cause to be removed from such park, in the manner
  139  provided in this section, any transient guest of the park who,
  140  while on the premises of the park, illegally possesses or deals
  141  in a controlled substance as defined in chapter 893; who or
  142  disturbs the peace, quiet enjoyment, and comfort of other
  143  persons; who causes harm to the physical park; who violates the
  144  posted park rules and regulations; or who fails to make payment
  145  of rent at the rental rate agreed upon and by the time agreed
  146  upon. The admission of a person to, or the removal of a person
  147  from, any recreational vehicle park may shall not be based upon
  148  race, color, national origin, sex, physical disability, or
  149  creed.
  150         (2) The operator of any recreational vehicle park shall
  151  notify such guest that the park no longer desires to entertain
  152  the guest and shall request that such guest immediately depart
  153  from the park. Such notice shall be given in writing, as
  154  follows: “You are hereby notified that this recreational vehicle
  155  park no longer desires to entertain you as its guest, and you
  156  are requested to leave at once. To remain after receipt of this
  157  notice is a misdemeanor under the laws of this state.” If such
  158  guest has paid in advance, the park shall, at the time such
  159  notice is given, tender to the guest the unused portion of the
  160  advance payment. Any guest who remains or attempts to remain in
  161  such park after being requested to leave commits is guilty of a
  162  misdemeanor of the second degree, punishable as provided in s.
  163  775.082 or s. 775.083.
  164         (3) If a guest has accumulated an outstanding account in
  165  excess of an amount equivalent to 3 three nights’ rent at a
  166  recreational vehicle park, the operator may disconnect all
  167  utilities of the recreational vehicle and notify the guest that
  168  the action is for the purpose of requiring the guest to confront
  169  the operator or permittee and arrange for the payment of the
  170  guest’s account. Such arrangement must be in writing, and a copy
  171  shall be furnished to the guest. Upon entering into such
  172  agreement, the operator shall reconnect the utilities of the
  173  recreational vehicle.
  174         (4) If any person is illegally on the premises of any
  175  recreational vehicle park, the operator of such park may call
  176  upon any law enforcement officer of this state for assistance.
  177  It is the duty of such law enforcement officer, upon the request
  178  of such operator, to remove from the premises or place under
  179  arrest and take into custody for violation of this section any
  180  guest who, according to the park operator, violated violates
  181  subsection (1) or subsection (2) in the presence of the officer.
  182  If a warrant has been issued by the proper judicial officer for
  183  the arrest of any guest who violates violator of subsection (1)
  184  or subsection (2), the officer shall serve the warrant, arrest
  185  the guest person, and take the guest person into custody. Upon
  186  removal or arrest, with or without warrant, the guest is deemed
  187  to have abandoned or given up any right to occupancy or to have
  188  abandoned the guest’s right to occupancy of the premises of the
  189  recreational vehicle park; and the operator of the park shall
  190  employ all reasonable and proper means to care for any personal
  191  property left on the premises by such guest and shall refund any
  192  unused portion of moneys paid by such guest for the occupancy of
  193  such premises. If conditions do not allow for immediate removal
  194  of the guest’s property, he or she may arrange a reasonable
  195  time, not to exceed 48 hours, with the operator to come remove
  196  the property, accompanied by a law enforcement officer.
  197         (5) In addition to the grounds for ejection eviction
  198  established by law, grounds for ejection eviction may be
  199  established in a written lease agreement between a recreational
  200  vehicle park operator or permittee and a recreational vehicle
  201  park occupant.
  202         Section 9. This act shall take effect July 1, 2020.