Bill Text: FL S0772 | 2020 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Health's Regulation of Recreational Activities
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Rules [S0772 Detail]
Download: Florida-2020-S0772-Comm_Sub.html
Bill Title: Department of Health's Regulation of Recreational Activities
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Rules [S0772 Detail]
Download: Florida-2020-S0772-Comm_Sub.html
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 residentspeopleof 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 afterbeforethe 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 whichis left in a recreational vehicle park95by a guest, other than property belonging to a guest who has96vacated the premises without notice to the operator and with an97outstanding account, which propertyremains unclaimed after 98 having been held by athepark 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,orservice, or access to the premises 110 to any transient guest or visitorpersonwhose 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,orservice, or access 131 to the premises mayshallnot 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; ejectioneviction; 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; whoor142 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 mayshallnot 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 commitsis guilty ofa 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 3threenights’ 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 arrestand take into custody for violation of this sectionany 180 guest who, according to the park operator, violatedviolates181 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 violatesviolator ofsubsection (1) 184 or subsection (2), the officer shall serve the warrant, arrest 185 the guestperson, and take the guestpersoninto custody. Upon 186 removal or arrest, with or without warrant, the guest is deemed 187 to have abandoned or given up any right to occupancyor to have188abandoned the guest’s right to occupancyof 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 ejectioneviction198 established by law, grounds for ejectionevictionmay 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.