Bill Text: FL H0197 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Mobile Home and Recreational Vehicle Parks

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Economic Development & Community Affairs Policy Council [H0197 Detail]

Download: Florida-2010-H0197-Comm_Sub.html

---

CS/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	requiring the department to establish uniform standards
7	for permitting and operation of lodging parks,
8	recreational vehicle parks and camps, and mobile home
9	parks; providing application; providing construction;
10	amending s. 513.014, F.S.; revising applicability of
11	recreational vehicle park requirements to mobile home
12	parks; amending s. 513.02, F.S.; revising permit
13	requirements; providing requirements for review and
14	approval for construction of or changes to parks and
15	camps; requiring the department to adopt rules; amending
16	s. 513.03, F.S.; revising requirements for permit
17	applications; amending s. 513.045, F.S.; revising fees
18	charged to operators of certain parks or camps; providing
19	for the assessment of late fees; authorizing persons to
20	request from the department a review of plans for a
21	proposed park or camp; requiring certain plans to be
22	submitted to the department for review and approval;
23	requiring the department to establish a fee for a
24	temporary operating permit for certain events; providing
25	for calculation of the fee; providing exemptions; amending
26	s. 513.05, F.S.; providing the department with additional
27	rulemaking authority; amending s. 513.054, F.S.; providing
28	that an operator of a mobile home or recreational vehicle
29	park or camp who refuses to pay the operating permit fee
30	required by law or who fails, neglects, or refuses to
31	obtain an operating permit for the park or camp commits a
32	misdemeanor of the second degree; providing penalties;
33	amending 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 vehicle
36	park or camp without an operating permit commits a
37	misdemeanor of the second degree; providing penalties;
38	repealing s. 513.111, F.S., relating to the posting and
39	advertising of certain site rates; creating s. 513.1115,
40	F.S.; providing requirements for the establishment of
41	separation and setback distances; amending s. 513.112,
42	F.S.; deleting a provision requiring guest registers to be
43	made available for inspection by the department at any
44	time; amending s. 513.115, F.S.; revising requirements for
45	the handling of unclaimed property; amending s. 513.13,
46	F.S.; providing a penalty for failure to depart from a
47	park under certain circumstances; barring an operator from
48	certain liability; providing an effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1. Subsection (3) of section 513.01, Florida
53	Statutes, is amended, present subsections (5) through (11) of
54	that section are renumbered as subsections (6) through (12),
55	respectively, and a new subsection (5) is added to that section,
56	to read:
57	513.01 Definitions.-As used in this chapter, the term:
58	(3) "Mobile home" means a residential structure that is
59	transportable in one or more sections, which structure is 8 body
60	feet (2.4 meters) or more in width, over 35 feet in length with
61	the hitch, built on an integral chassis, and designed to be used
62	as a dwelling when connected to the required utilities, and not
63	originally sold as a recreational vehicle, and includes the
64	plumbing, heating, air-conditioning, and electrical systems
65	contained in the structure.
66	(5) "Occupancy" means the length of time that a
67	recreational vehicle is occupied by a transient guest and not
68	the length of time that such vehicle is located on the leased
69	recreational vehicle site. A recreational vehicle may be stored
70	and tied down on site when not in use to accommodate the needs
71	of the guest. The attachment of a recreational vehicle to the
72	ground by way of tie-downs or other removable fasteners and the
73	attachment of carports, porches, screen rooms, and similar
74	appurtenances by way of removable attaching devices do not
75	render the recreational vehicle a permanent part of the
76	recreational vehicle site.
77	Section 2. Section 513.012, Florida Statutes, is amended
78	to read:
79	513.012 Public health laws; enforcement.-
80	(1) It is the intent of the Legislature that mobile home
81	parks, lodging parks, recreational vehicle parks, and
82	recreational camps be regulated under this chapter. As such, the
83	department shall administer and enforce, with respect to such
84	parks and camps, uniform laws and rules relating to sanitation,
85	control of communicable diseases, illnesses and hazards to
86	health among humans and from animals to humans, and the general
87	health of the people of the state.
88	(2) The department shall establish uniform standards for
89	permitting and operation of lodging parks, recreational vehicle
90	parks and camps, and mobile home parks, which include:
91	(a) The design, location, and sizes of sites in parks and
92	camps.
93	(b) Sanitation standards for parks and camps.
94	(c) Occupancy standards for transient rentals in
95	recreational vehicle parks and camps.
96	(d) Permitting of parks and camps as required by this
97	chapter, including temporary events at unlicensed locations.
98	(e) Inspection of parks and camps to enforce compliance
99	with this chapter.
100	(f) Permit requirements, including late fees and penalties
101	for operating without a permit.
102	(g) The maintenance of guest registers.
103	(3) This chapter establishes uniform standards for
104	recreational vehicle parks and camps which apply to:
105	(a) The liability for property of guests left on sites.
106	(b) Separation and setback distances established at the
107	time of initial approval.
108	(c) Unclaimed property.
109	(d) Conduct of transient guests.
110	(e) Theft of personal property.
111	(f) Eviction of transient guests.
112	(g) Writs of distress.
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.
147	(2) Prior to commencement of construction of a new park or
148	camp, or any change to an existing park or camp which requires
149	construction of new sanitary facilities or additional permitted
150	sites, a person who operates or maintains such park or camp must
151	contact the department to receive a review and approval. The
152	items required to be submitted and the process for issuing a
153	review and approval shall be set by department rule.
154	(3)(a) An operating Such permit is not transferable from
155	one place or person to another. Each permit must be renewed
156	annually.
157	(b)(2) The department may refuse to issue an operating a
158	permit to, or refuse to renew the operating permit of, any park
159	or camp that is not constructed or maintained in accordance with
160	law and with the rules of the department.
161	(c)(3) The department may suspend or revoke an operating a
162	permit issued to any person who that operates or maintains such
163	a park or camp if such person fails to comply with this chapter
164	or the rules adopted by the department under this chapter.
165	(d)(4) An operating A permit for the operation of a park
166	or camp may not be renewed or transferred if the permittee has
167	an outstanding fine assessed pursuant to this chapter which is
168	in final-order status and judicial reviews are exhausted, unless
169	the transferee agrees to assume the outstanding fine.
170	(e)(5) When a park or camp regulated under this chapter is
171	sold or its ownership transferred, the purchaser transferee must
172	apply to the department for an operating a permit within 30 days
173	after to the department before the date of sale transfer. The
174	applicant must provide the department with a copy of the
175	recorded deed or lease agreement before the department may issue
176	an operating a permit to the applicant.
177	Section 5. Section 513.03, Florida Statutes, is amended to
178	read:
179	513.03 Application for and issuance of permit.-
180	(1) An application for an operating a permit must be made
181	in writing to the department, on a form prescribed by the
182	department. The application must state the location of the
183	existing or proposed park or camp;, the type of park or camp;,
184	the number of mobile homes or recreational vehicles to be
185	accommodated; or the number of recreational campsites,
186	buildings, and sites set aside for group camping, including
187	barracks, cabins, cottages, and tent spaces; the type of water
188	supply;, the method of sewage disposal;, and any other
189	information the department requires.
190	(2) If the department is satisfied, after reviewing the
191	application of the proposed or existing park or camp and causing
192	an inspection to be made, that the park or camp complies with
193	this chapter and is so located, constructed, and equipped as not
194	to be a source of danger to the health of the general public,
195	the department shall issue the necessary approval or operating
196	permit, in writing, on a form prescribed by the department.
197	Section 6. Paragraph (b) of subsection (1) of section
198	513.045, Florida Statutes, is amended to read:
199	513.045 Permit fees.-
200	(1)
201	(b) Fees established pursuant to this subsection must be
202	based on the actual costs incurred by the department in carrying
203	out its responsibilities under this chapter.
204	1. The fee for an annual operating a permit may not be set
205	at a rate that is more than $6.50 per space or less than $3.50
206	per space. Until rules setting these fees are adopted by the
207	department, the permit fee per space is $3.50. The annual
208	operating permit fee for a nonexempt recreational camp shall be
209	based on an equivalency rate for which two camp occupants equal
210	one space. The total fee assessed to an applicant for an annual
211	operating permit may not be more than $600 or less than $50,
212	except that a fee may be prorated on a quarterly basis. Failure
213	to pay an annual operating permit fee in a timely manner shall
214	result in the assessment of late fees by the department.
215	2. A person who seeks department review of plans for a
216	proposed park or camp may submit such plans to the department
217	for an assessment of whether such plans meet the requirements of
218	this chapter and the rules adopted under this chapter.
219	3. A person constructing a new park or camp or adding
220	spaces to or renovating an existing park or camp shall, prior to
221	such construction, renovation, or addition, submit plans to the
222	department for department review and approval.
223	4. The department shall, by rule, establish a fee, not to
224	exceed $1,000, for a temporary operating permit for a temporary
225	event subject to this section. The amount of the fee shall be
226	based upon the size, duration, and location of the event and the
227	sanitary facilities and services available or to be provided at
228	that location. The fee shall be based solely upon the projected
229	costs of review of the permit application and inspections by the
230	department to achieve compliance with the requirements of the
231	department. Licensed parks and camps are exempt from this fee
232	and the temporary event permit requirement.
233	Section 7. Section 513.05, Florida Statutes, is amended to
234	read:
235	513.05 Rules.-The department may adopt rules pertaining to
236	the location, construction, modification, equipment, and
237	operation of mobile home parks, lodging parks, recreational
238	vehicle parks, and recreational camps, except as provided in s.
239	633.022, as necessary to administer this chapter. Such rules may
240	include definitions of terms; requirements for temporary events
241	at unlicensed locations which may require a temporary operating
242	permit under this chapter; plan reviews of proposed and existing
243	parks and camps; plan reviews of parks that consolidate or
244	expand space or capacity or change space size; water supply;
245	sewage collection and disposal; plumbing and backflow
246	prevention; garbage and refuse storage, collection, and
247	disposal; insect and rodent control; space requirements; heating
248	facilities; food service; lighting; sanitary facilities;
249	bedding; an occupancy equivalency to spaces for permits for
250	recreational camps; sanitary facilities in recreational vehicle
251	parks; and the owners' responsibilities at recreational vehicle
252	parks and recreational camps.
253	Section 8. Section 513.054, Florida Statutes, is amended
254	to read:
255	513.054 Penalties for specified offenses by operator.-
256	(1) Any operator of a mobile home park, lodging park, or
257	recreational vehicle park, or a recreational camp who obstructs
258	or hinders any agent of the department in the proper discharge
259	of the agent's duties; who fails, neglects, or refuses to obtain
260	an operating a permit for the park or camp or refuses to pay the
261	operating permit fee required by law; or who fails or refuses to
262	perform any duty imposed upon the operator by law or rule
263	commits is guilty of a misdemeanor of the second degree,
264	punishable as provided in s. 775.082 or s. 775.083.
265	(2) On each day that such park or camp is operated in
266	violation of law or rule, there is a separate offense.
267	Section 9. Section 513.055, Florida Statutes, is amended
268	to read:
269	513.055 Revocation or suspension of operating permit;
270	fines; procedure.-
271	(1)(a) The department may suspend or revoke an operating a
272	permit issued to any person for a mobile home park, lodging
273	park, recreational vehicle park, or recreational camp upon the
274	failure of that person to comply with this chapter or the rules
275	adopted under this chapter.
276	(b) An operating A permit may not be suspended under this
277	section for a period of more than 12 months. At the end of the
278	period of suspension, the permittee may apply for reinstatement
279	or renewal of the operating permit. A person whose operating
280	permit is revoked may not apply for another operating permit for
281	that location prior to the date on which the revoked operating
282	permit would otherwise have expired.
283	(2)(a) In lieu of such suspension or revocation of an
284	operating a permit, the department may impose a fine against a
285	permittee for the permittee's failure to comply with the
286	provisions described in paragraph (1)(a) or may place such
287	licensee on probation. No fine so imposed shall exceed $500 for
288	each offense, and all amounts collected in fines shall be
289	deposited with the Chief Financial Officer to the credit of the
290	County Health Department Trust Fund.
291	(b) In determining the amount of fine to be imposed, if
292	any, for a violation, the department shall consider the
293	following factors:
294	1. The gravity of the violation and the extent to which
295	the provisions of the applicable statutes or rules have been
296	violated.
297	2. Any action taken by the operator to correct the
298	violation.
299	3. Any previous violation.
300	Section 10. Subsection (1) of section 513.10, Florida
301	Statutes, is amended to read:
302	513.10 Operating without permit; enforcement of chapter;
303	penalties.-
304	(1) Any person who maintains or operates a mobile home
305	park, lodging park, recreational vehicle park, or recreational
306	camp without first obtaining an operating a permit as required
307	by s. 513.02, or who maintains or operates such a park or camp
308	after revocation of the operating permit, commits is guilty of a
309	misdemeanor of the second degree,
310	775.082 or s. 775.083.
311	Section 11. Section 513.111, Florida Statutes, is
312	repealed.
313	Section 12. Section 513.1115, Florida Statutes, is created
314	to read:
315	513.1115 Placement of recreational vehicles on lots in
316	permitted parks.-
317	(1) Separation distances between recreational vehicles
318	shall be the distances established at the time of initial
319	approval of the recreational vehicle park by the department and
320	the local government.
321	(2) Setback distances from the exterior property boundary
322	of the recreational vehicle park shall be the setback distances
323	established at the time of initial approval of the recreational
324	vehicle park by the department and the local government.
325	(3) This section does not limit the regulation of the
326	uniform firesafety standards established under s. 633.022.
327	Section 13. Subsection (1) of section 513.112, Florida
328	Statutes, is amended to read:
329	513.112 Maintenance of guest register and copy of laws.-
330	(1) It is the duty of each operator of a recreational
331	vehicle park that rents to transient guests to maintain at all
332	times a register, signed by or for guests who occupy rental
333	sites within the park. The register must show the dates upon
334	which the rental sites were occupied by such guests and the
335	rates charged for the guests' occupancy. This register shall be
336	maintained in chronological order and shall be available for
337	inspection by the department at any time. An operator is not
338	required to retain a register that is more than 2 years old.
339	Section 14. Section 513.115, Florida Statutes, is amended
340	to read:
341	513.115 Unclaimed property.-Any property having an
342	identifiable owner which is left in a recreational vehicle park
343	by a guest, including, but not limited to, other than property
344	belonging to a guest who has vacated the premises without notice
345	to the operator and with an outstanding account, which property
346	remains unclaimed after having been held by the park for 90 days
347	after written notice was provided to the guest or the owner of
348	the property, may be disposed of by becomes the property of the
349	park. Any titled property, including a boat, recreational
350	vehicle, or other vehicle, shall be disposed of in accordance
351	with chapter 715.
352	Section 15. Subsections (2) and (4) of section 513.13,
353	Florida Statutes, are amended to read:
354	513.13 Recreational vehicle parks; eviction; grounds;
355	proceedings.-
356	(2) The operator of any recreational vehicle park shall
357	notify such guest that the park no longer desires to entertain
358	the guest and shall request that such guest immediately depart
359	from the park. Such notice shall be given in writing. If such
360	guest has paid in advance, the park shall, at the time such
361	notice is given, tender to the guest the unused portion of the
362	advance payment. Any guest who remains or attempts to remain in
363	such park after being requested to leave commits is guilty of a
364	misdemeanor of the second degree, punishable as provided in s.
365	775.082 or s. 775.083. If the notice is given in the presence of
366	a law enforcement officer by posting or personal delivery and
367	the person fails to depart from the park immediately, the person
368	commits a misdemeanor of the second degree, punishable as
369	provided in s. 775.082 or s. 775.083.
370	(4) If any person is illegally on the premises of any
371	recreational vehicle park, the operator of such park may call
372	upon any law enforcement officer of this state for assistance.
373	It is the duty of such law enforcement officer, upon the request
374	of such operator, to place under arrest and take into custody
375	for violation of this section any guest who violates subsection
376	(1) or subsection (2) in the presence of the officer. If a
377	warrant has been issued by the proper judicial officer for the
378	arrest of any violator of subsection (1) or subsection (2), the
379	officer shall serve the warrant, arrest the person, and take the
380	person into custody. Upon arrest, with or without warrant, the
381	guest is deemed to have given up any right to occupancy or to
382	have abandoned the guest's right to occupancy of the premises of
383	the recreational vehicle park,; and the operator of the park
384	shall employ all reasonable and proper means to care for any
385	personal property left on the premises by such guest and shall
386	refund any unused portion of moneys paid by such guest for the
387	occupancy of such premises. The operator is not liable for
388	damages to personal property left on the premises by a guest who
389	violates subsection (1) or subsection (2) and is arrested by a
390	law enforcement officer.
391	Section 16. This act shall take effect July 1, 2010.

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