Florida Senate - 2020 CS for CS for SB 772
By the Committees on Health Policy; and Community Affairs; and
Senators Hutson, Perry, and Flores
588-03457-20 2020772c2
1 A bill to be entitled
2 An act relating to the Department of Health’s
3 regulation of recreational activities; amending s.
4 513.012, F.S.; revising legislative intent; amending
5 s. 513.02, F.S.; providing a timeframe for certain
6 owners or transferees to apply for a permit; amending
7 s. 513.051, F.S.; preempting to the Department of
8 Health the regulatory authority for permitting
9 standards; amending s. 513.112, F.S.; providing that
10 evidence of a certain length of stay in a guest
11 register creates a rebuttable presumption that a guest
12 is transient; amending s. 513.1115, F.S.; providing
13 standards for a damaged or destroyed recreational
14 vehicle park to be rebuilt under certain
15 circumstances; superseding certain local government
16 regulation; amending s. 513.115, F.S.; specifying when
17 certain property becomes abandoned; providing for
18 disposition of the abandoned property; amending s.
19 513.118, F.S.; authorizing a park operator to refuse
20 certain individuals access to the premises and to
21 eject transient guests or visitors based on specified
22 conduct; providing that a person who refuses to leave
23 the park premises commits the offense of trespass;
24 providing immunity from liability for certain law
25 enforcement officers; providing an exception;
26 providing for removal of a guest’s property; amending
27 s. 513.13, F.S.; providing for a guest’s ejection from
28 a park and specifying grounds and requirements for
29 ejection; providing for removal of the guest’s
30 property; amending s. 514.0115, F.S.; providing that
31 certain surf pools are exempt from supervision under
32 certain circumstances; providing construction;
33 defining the term “surf pool”; amending s. 553.77,
34 F.S.; conforming a cross-reference; providing an
35 effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Section 513.012, Florida Statutes, is amended to
40 read:
41 513.012 Public health laws; enforcement.—It is the intent
42 of the Legislature that mobile home parks, lodging parks,
43 recreational vehicle parks, and recreational camps be
44 exclusively regulated under this chapter. As such, the
45 department shall administer and enforce, with respect to such
46 parks and camps, laws and rules relating to sanitation, control
47 of communicable diseases, illnesses and hazards to health among
48 humans and from animals to humans, and permitting and
49 operational matters in order to protect the general health and
50 well-being of the residents people of and visitors to the state.
51 However, nothing in this chapter qualifies a mobile home park, a
52 lodging park, a recreational vehicle park, or a recreational
53 camp for a liquor license issued under s. 561.20(2)(a)1. Mobile
54 home parks, lodging parks, recreational vehicle parks, and
55 recreational camps regulated under this chapter are exempt from
56 regulation under the provisions of chapter 509.
57 Section 2. Subsection (5) of section 513.02, Florida
58 Statutes, is amended to read:
59 513.02 Permit.—
60 (5) When a park or camp regulated under this chapter is
61 sold or its ownership transferred, the transferee must apply for
62 a permit to the department within 60 days after before the date
63 of transfer. The applicant must provide the department with a
64 copy of the recorded deed or lease agreement before the
65 department may issue a permit to the applicant.
66 Section 3. Section 513.051, Florida Statutes, is amended to
67 read:
68 513.051 Preemption.—The department is the exclusive
69 regulatory and permitting authority for sanitary and permitting
70 standards for all mobile home parks, lodging parks, recreational
71 vehicle parks, and recreational camps in accordance with the
72 provisions of this chapter.
73 Section 4. Subsection (3) is added to section 513.112,
74 Florida Statutes, to read:
75 513.112 Maintenance of guest register and copy of laws.—
76 (3) When a guest occupies a recreational vehicle in a
77 recreational vehicle park for less than 6 months, as evidenced
78 by the length of stay shown in the guest register, there is a
79 rebuttable presumption that the occupancy is transient.
80 Section 5. Present subsection (3) of section 513.1115,
81 Florida Statutes, is redesignated as subsection (4) and amended,
82 and a new subsection (3) is added to that section, to read:
83 513.1115 Placement of recreational vehicles on lots in
84 permitted parks.—
85 (3) If a recreational vehicle park is damaged or destroyed
86 as a result of wind, water, or other natural disaster, the park
87 may be rebuilt on the same site using the same density standards
88 that were approved or permitted before the park was damaged or
89 destroyed.
90 (4)(3) This section does not limit the regulation of the
91 uniform firesafety standards established under s. 633.206.
92 However, this section shall supersede any other local government
93 law or regulation regarding the lot size, lot density, or
94 separation or setback distance of a recreational vehicle park
95 which goes into effect after the initial permitting and
96 construction of the park.
97 Section 6. Section 513.115, Florida Statutes, is amended to
98 read:
99 513.115 Unclaimed property.—Any property having an
100 identifiable owner which is left in a recreational vehicle park
101 by a guest, other than property belonging to a guest who has
102 vacated the premises without notice to the operator and with an
103 outstanding account, which property remains unclaimed after
104 having been held by a the park for 90 days after written notice
105 was provided to the guest or the owner of the property, becomes
106 the property of the park. Any property that is left by a guest
107 who has vacated the premises without notice to the operator and
108 who has an outstanding account is considered abandoned property,
109 and disposition thereof shall be governed by the Disposition of
110 Personal Property Landlord and Tenant Act under s. 715.10 or
111 under s. 705.185, as applicable.
112 Section 7. Section 513.118, Florida Statutes, is amended to
113 read:
114 513.118 Conduct on premises; refusal of service.—
115 (1) The operator of a recreational vehicle park may refuse
116 to provide accommodations, or service, or access to the premises
117 to any transient guest or visitor person whose conduct on the
118 premises of the park displays intoxication, profanity, lewdness,
119 or brawling; who indulges in such language or conduct as to
120 disturb the peace, quiet enjoyment, or comfort of other guests;
121 who engages in illegal or disorderly conduct; or whose conduct
122 constitutes a nuisance or safety hazard.
123 (2) The operator of a recreational vehicle park may request
124 that a transient guest or visitor who violates subsection (1)
125 leave the premises immediately. A person who refuses to leave
126 the premises commits the offense of trespass as provided in s.
127 810.08, and the operator may call a law enforcement officer to
128 have the person and his or her property removed under the
129 supervision of the officer. A law enforcement officer is not
130 liable for any claim involving the removal of the person or
131 property from the recreational vehicle park under this section,
132 except as provided under s. 768.28. If conditions do not allow
133 for immediate removal of the person’s property, he or she may
134 arrange a reasonable time, not to exceed 48 hours, with the
135 operator to come remove the property, accompanied by a law
136 enforcement officer.
137 (3) Such refusal of accommodations, or service, or access
138 to the premises may shall not be based upon race, color,
139 national origin, sex, physical disability, or creed.
140 Section 8. Section 513.13, Florida Statutes, is amended to
141 read:
142 513.13 Recreational vehicle parks; ejection eviction;
143 grounds; proceedings.—
144 (1) The operator of any recreational vehicle park may
145 remove or cause to be removed from such park, in the manner
146 provided in this section, any transient guest of the park who,
147 while on the premises of the park, illegally possesses or deals
148 in a controlled substance as defined in chapter 893; who or
149 disturbs the peace, quiet enjoyment, and comfort of other
150 persons; who causes harm to the physical park; who violates the
151 posted park rules and regulations; or who fails to make payment
152 of rent at the rental rate agreed upon and by the time agreed
153 upon. The admission of a person to, or the removal of a person
154 from, any recreational vehicle park may shall not be based upon
155 race, color, national origin, sex, physical disability, or
156 creed.
157 (2) The operator of any recreational vehicle park shall
158 notify such guest that the park no longer desires to entertain
159 the guest and shall request that such guest immediately depart
160 from the park. Such notice shall be given in writing, as
161 follows: “You are hereby notified that this recreational vehicle
162 park no longer desires to entertain you as its guest, and you
163 are requested to leave at once. To remain after receipt of this
164 notice is a misdemeanor under the laws of this state.” If such
165 guest has paid in advance, the park shall, at the time such
166 notice is given, tender to the guest the unused portion of the
167 advance payment. Any guest who remains or attempts to remain in
168 such park after being requested to leave commits is guilty of a
169 misdemeanor of the second degree, punishable as provided in s.
170 775.082 or s. 775.083.
171 (3) If a guest has accumulated an outstanding account in
172 excess of an amount equivalent to 3 three nights’ rent at a
173 recreational vehicle park, the operator may disconnect all
174 utilities of the recreational vehicle and notify the guest that
175 the action is for the purpose of requiring the guest to confront
176 the operator or permittee and arrange for the payment of the
177 guest’s account. Such arrangement must be in writing, and a copy
178 shall be furnished to the guest. Upon entering into such
179 agreement, the operator shall reconnect the utilities of the
180 recreational vehicle.
181 (4) If any person is illegally on the premises of any
182 recreational vehicle park, the operator of such park may call
183 upon any law enforcement officer of this state for assistance.
184 It is the duty of such law enforcement officer, upon the request
185 of such operator, to remove from the premises or place under
186 arrest and take into custody for violation of this section any
187 guest who, according to the park operator, violated violates
188 subsection (1) or subsection (2) in the presence of the officer.
189 If a warrant has been issued by the proper judicial officer for
190 the arrest of any guest who violates violator of subsection (1)
191 or subsection (2), the officer shall serve the warrant, arrest
192 the guest person, and take the guest person into custody. Upon
193 removal or arrest, with or without warrant, the guest is deemed
194 to have abandoned or given up any right to occupancy or to have
195 abandoned the guest’s right to occupancy of the premises of the
196 recreational vehicle park; and the operator of the park shall
197 employ all reasonable and proper means to care for any personal
198 property left on the premises by such guest and shall refund any
199 unused portion of moneys paid by such guest for the occupancy of
200 such premises. If conditions do not allow for immediate removal
201 of the guest’s property, he or she may arrange a reasonable
202 time, not to exceed 48 hours, with the operator to come remove
203 the property, accompanied by a law enforcement officer.
204 (5) In addition to the grounds for ejection eviction
205 established by law, grounds for ejection eviction may be
206 established in a written lease agreement between a recreational
207 vehicle park operator or permittee and a recreational vehicle
208 park occupant.
209 Section 9. Present subsection (7) of section 514.0115,
210 Florida Statutes, is redesignated as subsection (8), and a new
211 subsection (7) is added to that section, to read:
212 514.0115 Exemptions from supervision or regulation;
213 variances.—
214 (7) A surf pool that is larger than 4 acres is exempt from
215 supervision under this chapter, provided that it is permitted by
216 a local government pursuant to a special use permit process in
217 which the local government asserts regulatory authority over the
218 construction of the surf pool and, in consultation with the
219 department, establishes through the local government’s special
220 use permitting process the conditions for the surf pool’s
221 operation, water quality, and necessary lifesaving equipment.
222 This subsection does not affect the department’s or a county
223 health department’s right of entry pursuant to s. 514.04 or its
224 authority to seek an injunction pursuant to s. 514.06 to
225 restrain the operation of a surf pool permitted and operated
226 under this subsection if it presents significant risks to public
227 health. For the purposes of this subsection, the term “surf
228 pool” means a pool designed to generate waves dedicated to the
229 activity of surfing on a surfboard or an analogous surfing
230 device commonly used in the ocean and intended for sport, as
231 opposed to general play intent for wave pools, other large-scale
232 public swimming pools, or other public bathing places.
233 Section 10. Subsection (7) of section 553.77, Florida
234 Statutes, is amended to read:
235 553.77 Specific powers of the commission.—
236 (7) Building officials shall recognize and enforce variance
237 orders issued by the Department of Health pursuant to s.
238 514.0115(8) s. 514.0115(7), including any conditions attached to
239 the granting of the variance.
240 Section 11. This act shall take effect July 1, 2020.