SB 422 — Recreational Vehicle Industries

561.20(2)(a)1.

Mobile home parks, lodging parks, recreational vehicle parks, and recreational camps regulated under this chapter are exempt from regulation under the provisions of chapter 509.

Section 2. Subsection (5) of section 513.02, Florida Statutes, is amended to read:

513.02 Permit.— (5) When a park or camp regulated under this chapter is sold or its ownership transferred, the transferee must apply for a permit to the department within 60 days after before the date of transfer.

The applicant must provide the department with a copy of the recorded deed or lease agreement before the department may issue a permit to the applicant.

Section 3. Section 513.051, Florida Statutes, is amended to read:

513.051 Preemption.—The department is the exclusive regulatory and permitting authority for sanitary and permitting standards for all mobile home parks, lodging parks, recreational vehicle parks, and recreational camps in accordance with the provisions of this chapter.

Section 4. Subsection (3) is added to section 513.112, Florida Statutes, to read:

513.112 Maintenance of guest register and copy of laws.— (3) When a guest occupies a recreational vehicle in a recreational vehicle park for less than 6 months, as evidenced by the length of stay shown in the guest register, there is a rebuttable presumption that the occupancy is transient.

Section 5. Present subsection (3) of section 513.1115, Florida Statutes, is redesignated as subsection (4) and amended, and a new subsection (3) is added to that section, to read:

513.1115 Placement of recreational vehicles on lots in permitted parks.— (3) If a recreational vehicle park is damaged or destroyed as a result of wind, water, or other natural disaster, the park may be rebuilt on the same site using the same density standards that were approved and permitted before the park was damaged or destroyed.

(4)(3) This section does not limit the regulation of the uniform firesafety standards established under s.

633.206.

However, this section shall supersede any other county, municipality, or special district ordinance or regulation regarding the lot size, lot density, or separation or setback distance of a recreational vehicle park which goes into effect after the initial permitting and construction of the park.

Section 6. Section 513.115, Florida Statutes, is amended to read:

513.115 Unclaimed property.—Any property having an identifiable owner which is left in a recreational vehicle park by a guest, other than property belonging to a guest who has vacated the premises without notice to the operator and with an outstanding account, which property remains unclaimed after having been held by a the park for 90 days after written notice was provided to the guest or the owner of the property, becomes the property of the park.

Any property that is left by a guest who has vacated the premises without notice to the operator and who has an outstanding account is considered abandoned property, and disposition thereof shall be governed by the Disposition of Personal Property Landlord and Tenant Act under s.

715.10 or under s.

705.185, as applicable.

Section 7. Section 513.118, Florida Statutes, is amended to read:

513.118 Conduct on premises;

refusal of service.— (1) The operator of a recreational vehicle park may refuse to provide accommodations, or service, or access to the premises to any transient guest or visitor person whose conduct on the premises of the park displays intoxication, profanity, lewdness, or brawling;

who indulges in such language or conduct as to disturb the peace, quiet enjoyment, or comfort of other guests;

who engages in illegal or disorderly conduct;

or whose conduct constitutes a nuisance or safety hazard.

(2) The operator of a recreational vehicle park may request that a transient guest or visitor who violates subsection (1) leave the premises immediately.

A person who refuses to leave the premises commits the offense of trespass as provided in s.

810.08 and the operator may call a law enforcement officer to have the person and his or her property removed under the supervision of the officer.

A law enforcement officer is not liable for any claim involving the removal of the person or property from the recreational vehicle park under this section, except as provided in s.

768.28.

If conditions do not allow for immediate removal of the person’s property, he or she may arrange a reasonable time, not to exceed 48 hours, with the operator to come remove the property, accompanied by a law enforcement officer.

(3) Such refusal of accommodations, or service, or access to the premises may shall not be based upon race, color, national origin, sex, physical disability, or creed.

Section 8. Section 513.13, Florida Statutes, is amended to read:

513.13 Recreational vehicle parks;

ejection eviction;

grounds;

proceedings.— (1) The operator of any recreational vehicle park may remove or cause to be removed from such park, in the manner provided in this section, any transient guest of the park who, while on the premises of the park, illegally possesses or deals in a controlled substance as defined in chapter 893;

who or disturbs the peace, quiet enjoyment, and comfort of other persons;

who causes harm to the physical park;

who violates the posted park rules and regulations;

or who fails to make payment of rent at the rental rate agreed upon and by the time agreed upon.

The admission of a person to, or the removal of a person from, any recreational vehicle park may shall not be based upon race, color, national origin, sex, physical disability, or creed.

(2) The operator of any recreational vehicle park shall notify such guest that the park no longer desires to entertain the guest and shall request that such guest immediately depart from the park.

Such notice shall be given in writing, as follows:

“You are hereby notified that this recreational vehicle park no longer desires to entertain you as its guest, and you are requested to leave at once.

To remain after receipt of this notice is a misdemeanor under the laws of this state.” If such guest has paid in advance, the park shall, at the time such notice is given, tender to the guest the unused portion of the advance payment.

Any guest who remains or attempts to remain in such park after being requested to leave commits is guilty of a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083.

(3) If a guest has accumulated an outstanding account in excess of an amount equivalent to 3 three nights’ rent at a recreational vehicle park, the operator may disconnect all utilities of the recreational vehicle and notify the guest that the action is for the purpose of requiring the guest to confront the operator or permittee and arrange for the payment of the guest’s account.

Such arrangement must be in writing, and a copy shall be furnished to the guest.

Upon entering into such agreement, the operator shall reconnect the utilities of the recreational vehicle.

(4) If any person is illegally on the premises of any recreational vehicle park, the operator of such park may call upon any law enforcement officer of this state for assistance.

It is the duty of such law enforcement officer, upon the request of such operator, to remove from the premises or place under arrest and take into custody for violation of this section any guest who, according to the park operator, violated violates subsection (1) or subsection (2) in the presence of the officer.

If a warrant has been issued by the proper judicial officer for the arrest of any guest who violates violator of subsection (1) or subsection (2), the officer shall serve the warrant, arrest the guest person, and take the guest person into custody.

Upon removal or arrest, with or without warrant, the guest is deemed to have abandoned or given up any right to occupancy or to have abandoned the guest’s right to occupancy of the premises of the recreational vehicle park;

and the operator of the park shall employ all reasonable and proper means to care for any personal property left on the premises by such guest and shall refund any unused portion of moneys paid by such guest for the occupancy of such premises.

If conditions do not allow for immediate removal of the guest’s property, he or she may arrange a reasonable time, not to exceed 48 hours, with the operator to come remove the property, accompanied by a law enforcement officer.

(5) In addition to the grounds for ejection eviction established by law, grounds for ejection eviction may be established in a written lease agreement between a recreational vehicle park operator or permittee and a recreational vehicle park occupant.

Section 9. Subsection (18) is added to section 527.01, Florida Statutes, to read:

Section 10. Subsection2. Subsection (1) and paragraph (a) of subsection (5) of section 527.0201, Florida Statutes, are amended to read:

Section 11. This3. This act shall take effect July 1, 2020.