Introduced in House Passed House Introduced in Senate Passed Senate Became Law
11/05/2019        

Department of Health’s Regulation of Recreational Activities

Providing a timeframe for certain owners or transferees to apply for a permit; preempting to the Department of Health the regulatory authority for permitting standards; providing that evidence of a certain length of stay in a guest register creates a rebuttable presumption that a guest is transient; specifying when certain property becomes abandoned; authorizing a park operator to refuse certain individuals access to the premises and to eject transient guests or visitors based on specified conduct; providing that a person who refuses to leave the park premises commits the offense of trespass, etc.

Date Version PDF TXT
02/12/2020 S 772 c2 Open
01/29/2020 S 772 c1 Open
11/05/2019 S 772 Filed Open

            
       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 Healths
    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 guests property; amending
   27         s. 513.13, F.S.; providing for a guests ejection from
   28         a park and specifying grounds and requirements for
   29         ejection; providing for removal of the guests
   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 persons 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  guests 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 guests 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 guests 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 governments special
  220  use permitting process the conditions for the surf pools
  221  operation, water quality, and necessary lifesaving equipment.
  222  This subsection does not affect the departments or a county
  223  health departments 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.

Picture Name From Date Type
Travis Hutson R-Tallahassee Sponsor
Keith Perry R-Tallahassee Cosponsor
Anitere Flores R-Tallahassee Cosponsor
Date Branch Action
01/30/2020 Senate Now in Health Policy
01/29/2020 Senate Pending reference review under Rule 4.7(2) - (Committee Substitute) CS by Community Affairs read 1st time -SJ 218
01/27/2020 Senate CS by Community Affairs; YEAS 5 NAYS 0 -SJ 215
01/22/2020 Senate On Committee agenda-- Community Affairs, 01/27/20, 4:00 pm, 301 Senate Building
01/14/2020 Senate Introduced -SJ 58
11/21/2019 Senate Referred to Community Affairs; Health Policy; Rules -SJ 59
11/05/2019 Senate Filed
Summary
Congress - Bill Number Major Title
Branch Vote Date Yes No Not Voting
Wiki





Start Description.
Providing a timeframe for certain owners or transferees to apply for a permit; preempting to the Department of Health the regulatory authority for permitting standards; providing that evidence of a certain length of stay in a guest register creates a rebuttable presumption that a guest is transient; specifying when certain property becomes abandoned; authorizing a park operator to refuse certain individuals access to the premises and to eject transient guests or visitors based on specified condu
End Description.

Bill TEXT Points.
This Bill has been listed with the following Subjects from Texts:
Parks


Property
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

Public health
012 Public health laws; enforcement

Public health laws
012 Public health laws; enforcement


End Bill TEXT Points.
Date Bill Major Title
Committee Name
Subject Type