|Introduced in House||Passed House||Introduced in Senate||Passed Senate||Became Law|
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.
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
peopleof 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 beforethe 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 park101 by a guest, other than property belonging to a guest who has102 vacated the premises without notice to the operator and with an103 outstanding account, which propertyremains unclaimed after 104 having been held by a thepark 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, orservice, or access to the premises 117 to any transient guest or visitor personwhose 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, orservice, or access 138 to the premises may shallnot 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 or149 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 shallnot 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 ofa 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 threenights 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 sectionany 187 guest who, according to the park operator, violated violates188 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 ofsubsection (1) 191 or subsection (2), the officer shall serve the warrant, arrest 192 the guest person, and take the guest personinto 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 have195 abandoned the guests right to occupancyof 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 eviction205 established by law, grounds for ejection evictionmay 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.
|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|