HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 647 Regulation of Recreational Activities
SPONSOR(S): Health & Human Services Committee, Civil Justice Subcommittee, Health Quality
Subcommittee, Drake
TIED BILLS: IDEN./SIM. BILLS: CS/SB 772
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Health Quality Subcommittee 14 Y, 0 N, As Guzzo McElroy
CS
2) Civil Justice Subcommittee 11 Y, 1 N, As Mawn Luczynski
CS
3) Health & Human Services Committee 18 Y, 0 N, As Guzzo Calamas
CS
SUMMARY ANALYSIS
The Department of Health (DOH) regulates recreational vehicle (RV) parks and sets sanitary standards for these entities.
However, local governments may adopt ordinances that may affect the operation of an RV park within their jurisdictions,
including establishing lot and density size and separation or setback distances for an RV park. Current law requires
separation and setback distances within an RV park to remain those distances established at the time of the RV park’s
initial approval. However, when an RV park is damaged or destroyed by a natural disaster and rebuilt, the density
standards of the rebuilt park must be those prescribed under the current applicable ordinance, which may be smaller than
the standards originally imposed.
An RV park is also subject to laws protecting tenants in the state. The Florida Residential Landlord Tenant Act (Act)
applies to a guest occupying an RV in an RV park for more than six months, giving such tenant certain eviction and lost or
abandoned property rights. The Act does not apply to a guest occupying an RV in the park for less than six months
(transient guest). Thus, a transient guest may be ejected from the park without the need for an eviction, and property lost
or abandoned by a transient guest becomes park property if certain conditions are met. However, Florida law does not
specify a process for disposing of property left by a transient guest with an outstanding account who vacates an RV park
without notice.
DOH is responsible for administering the permitting, safety, and sanitation regulations for public swimming pools.
CS/CS/HB 647:
Preempts permitting authority to DOH for RV parks, mobile home parks, lodging parks, and recreational camps.
Allows an RV park damaged or destroyed by a natural disaster to be rebuilt on the same site using the same
density standards established at the time of the RV park’s initial approval.
Creates a rebuttable presumption that an RV park guest is a transient guest.
Provides a method for the disposal of property left by a transient guest with an outstanding account who vacates
an RV park without notice.
Adds a posted park rules and regulations violation to the list of reasons a park operator may eject a transient
guest or visitor from park premises and provides notice of ejection requirements.
Provides that a park operator may refuse a transient guest or visitor access to the premises for specified conduct
and request that such person leave the premises.
Modifies the duties of a law enforcement officer called to assist with a person illegally on an RV park’s premises to
allow removal of such a person in lieu of arrest and limits the officer’s liability.
Authorizes local governments to develop a special use permitting process for surf pools.
Exempts surf pools that are larger than 4 acres and have obtained a local special use permit from DOH oversight
until DOH passes rules for the regulation and supervision of surf pools.
The bill has no fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0647e.HHS
DATE: 2/14/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Regulation of Recreational Vehicle Parks
The Department of Health (DOH) is responsible for permitting recreational vehicle (RV) parks and is the
exclusive regulatory and permitting authority for establishing sanitary standards for these entities.1 This
includes regulations relating to sanitation, control of communicable diseases, illnesses and hazards to
health among humans and from animals to humans, and general health issues.
Before establishing a mobile home park, RV park, or recreational vehicle camp, a person must obtain a
permit from DOH.2 The permit must be renewed annually and a new permit is required when a park or
camp is sold or its ownership is transferred.3 A person maintaining or operating a park or camp without
first obtaining a permit commits a second degree misdemeanor.4
When applying to DOH for a permit, the application must state the:
Location of the existing or proposed park or camp;
Type of park or camp to be established;
Number of mobile homes, RVs, or tents to be accommodated;
Type of water supply;
Method of sewage disposal; and
Any other information DOH requires.5
Parks and camps must also submit a valid set of plans to the county public health unit at the time of
permit application.6 The plans must include:
A drawing7 of the park or camp that includes the area and dimensions of the tract of land;
The space number or other designation of the space;
The location and size of all mobile home, RV, and tents spaces; and
The location of all roadways.8
Additionally, for permanent buildings located within the park or camp, a floor plan must be submitted
showing the number, types, and distribution of all plumbing fixtures.9
DOH will issue a permit if it determines that the park or camp complies with requirements in chapter
513, F.S., and that it is not a source of danger to the health of the general public.10 Currently, there are
approximately 5,500 mobile home parks, lodging parks, RV parks, and recreational camps in Florida.11
1 S. 513.051, F.S.
2 S. 513.02(1), F.S.
3 S. 513.02(5), F.S.
4 A second degree misdemeanor is punishable by up to 60 days in county jail and a $500 fine. Ss. 513.10(1), 775.082, and 775.083,
F.S.
5 S. 513.03(1), F.S.
6 Rule 64E-15.010(2)(b), F.A.C.
7 The drawing does not have to be drawn to scale or completed by an engineer if the space dimensions are shown. Id.
8 Rule 64E-15.010(2)(b), F.A.C.
9 Id.
10 S. 513.03(2), F.S.
11 The Department of Health, Division of Environmental Health, Mobile Home and Recreational Vehicle Park Program,
http://www.floridahealth.gov/environmental-health/mobile-home-parks/index.html (last visited Feb. 9, 2020).
STORAGE NAME: h0647e.HHS PAGE: 2
DATE: 2/14/2020
Local Governments
Local governments have the authority to adopt ordinances that may affect the operation of an RV park
within their jurisdiction. This includes regulation regarding lot and density size and separation or
setback distances for an RV park. Current law requires separation and setback distances within an RV
park to remain those distances established at the time of the RV park’s initial approval by DOH and the
local government of the jurisdiction in which the RV park is located.12 However, when an RV park is
destroyed by a natural disaster and the park operator chooses to rebuild, the density standards of the
rebuilt park must be those prescribed under the current applicable ordinance.13 Such standards may be
smaller than the standards originally imposed, causing the park to lose lots and the business that goes
with them.14 This, in turn, reduces the number of RV park lots available for Florida’s visitors.15
Rights of Transient and Non-Transient Guests
The Florida Residential Landlord Tenant Act (Act) governs most traditional rental arrangements,
including those for apartments and single family housing units. The Act also applies to a guest
occupying an RV in an RV park for more than six months (tenant). However, a guest registered in an
RV park for six months or less (transient guest) is subject only to the protections offered under ch. 513,
F.S.16
Ejectment & Eviction
A park operator can only recover possession of a lot without a tenant’s consent through an eviction
under the Act. A residential eviction begins when the park operator serves the tenant notice to vacate
the premises either by mailing or delivering a copy to the tenant, or if the tenant is not on the premises,
by leaving a copy at the RV.17 Such notice must state the reason for the eviction, which may include
failure to pay rent,18 lease violations,19 and destruction of property,20 and the time by which the tenant
must either cure the violation or vacate the premises. A landlord can bring an action for possession in
the county court of the county where the park is located by filing a complaint describing the lot and
stating the facts that authorize its recovery if a tenant does not vacate the premises after termination of
the tenant’s rental agreement.21 Should the landlord prevail, the court will issue a writ of possession to
the sheriff, authorizing the sheriff to put the landlord in possession of the lot after a 24-hour notice
period.22
However, an RV park operator may eject from the park any transient guest who illegally possesses or
deals in a controlled substance, disturbs the peace and comfort of others, physically harms the park, or
fails to timely pay rent at the agreed rate.23 An ejectment begins when a RV park operator notifies a
transient guest in writing that the park “no longer desires to entertain the [transient] guest” and asks him
or her to leave immediately.24 If the transient guest paid advanced rent, the park must, at the time
ejection notice is given, give the transient guest any unused portion of the advanced payment.25 A
transient guest who remains or attempts to remain in the park after receiving an ejection notice
commits a second degree misdemeanor.26
12 S. 513.1115, F.S.
13 Florida Department of Health, Agency Analysis of 2020 House Bill 647, p. 2 (Jan. 21, 2020).
14 Id.
15 Id.
16 A transient guest means any guest registered as provided in s. 513.112, F.S., for six months or less. When a guest is permitted with
the knowledge of the park operator to continuously occupy a RV in a RV park for more than six months, there is a rebuttable
presumption that the occupancy is non-transient, and the eviction procedures of part II of ch. 83, F.S., apply. S. 513.01(12), F.S.
17 S. 83.56(4), F.S.
18 S. 83.56(3), F.S.
19 S. 83.56(2)(b), F.S.
20 S. 83.56(2)(a), F.S.
21 S. 83.59, F.S.
22 S. 83.62, F.S.
23 S. 513.13(1), F.S.
24 S. 513.13(2), F.S.
25 Id.
26 Id.
STORAGE NAME: h0647e.HHS PAGE: 3
DATE: 2/14/2020
If any person is on RV park premises illegally, the park operator may call upon any state law
enforcement officer for help.27 Such law enforcement officer has a duty, upon the park operator’s
request, to arrest the person illegally on RV park premises and take him or her into custody such a
person, in the officer’s presence:
Illegally possess or deals in a controlled substance;
Disturbs the peace and comfort of other persons;
Causes harm to the physical park;
Fails to pay rent at the agreed-upon rental rate by the agreed-upon time; or
Remains in the park after being asked to leave.28
Unclaimed Property
A park operator must send written notice to a tenant or the property’s owner when a tenant leaves
personal property in an RV park after vacating the premises.29 The notice must describe the property
with enough detail that the property owner can identify it and, if not stored on park premises, state
where the property is stored and that reasonable storage costs may be charged before the property is
returned.30 Additionally, the notice should specify where the property may be claimed and the date by
which the claim must be made, which date must be at least ten days away if the notice is personally
delivered and, if the notice is sent by mail, at least 15 days from the date the notice is placed in the
mail.31 The notice must be personally delivered or sent by first-class mail, postage prepaid, to the
person to be notified at his or her last known address.32 However, if a park operator has reason to
believe that the notice will not be received by the intended person, the notice must also be delivered or
sent to any other address known to the park operator where the person to be notified may reasonably
be expected to receive it.33
A park operator must release the property if the property’s owner pays the storage costs and acts to
take possession of the property on or before the date specified in the notice.34 However, a park
operator may sell or dispose of the property if the property’s owner does not respond in the timeframe
specified in the notice.35 Where the property’s estimated value is less than $500.00, the park operator
can dispose of it in any manner, but where the property’s estimated value is $500.00 or more, the
landlord must arrange for a public sale of the property at the nearest suitable place to where the
property is held or stored.36 A park operator must publish notice of the sale of the property once a week
for two consecutive weeks in a newspaper of general circulation where the sale is to be held, and the
advertisement must include the former tenant’s name, the property’s description, and the time and
place of the sale.37 If the property’s owner pays the reasonable storage costs and claims the property
prior to its sale, the park owner must withdraw the property from sale and release it to the owner.38
When property with an identifiable owner is left in an RV park by a transient guest, a park operator
must send written notice to the transient guest or the property’s owner and hold the property for 90
days.39 If the property remains unclaimed after the 90-day holding period, it becomes park property.40
However, these procedures do not apply to property with an identifiable owner left by a transient guest
who vacated the premises without notice to the park operator and with an outstanding account.41
27 S. 513.13(4), F.S.
28 Id.
29 Ss. 715.101(1) and 715.104(1), F.S.
30 Ss. 715.104(2) and 715.107, F.S.
31 Id.
32 S. 715.104(3), F.S.
33 Id.
34 S. 715.108, F.S.
35 S. 715.109(1), F.S.
36 Id.
37 715.109(2)-(3), F.S.
38 S. 715.108(2), F.S.
39 S. 513.115, F.S.
40 Id.
41 Id.; S. 513.115, F.S.
STORAGE NAME: h0647e.HHS PAGE: 4
DATE: 2/14/2020
Refusal of Accommodation & Services
An RV park operator may not cause the termination or interruption of any utility service furnished to a
tenant, including water, electricity, and gas, whether or not the utility service is under the control of, or
payment is made by, the park operator.42 Further, a park operator may not prevent the tenant from
obtaining reasonable access to his or her RV and lot by any means,43 and can only regain possession
of the lot through the eviction process.
An RV park operator may refuse to provide accommodations or service to any transient guest or visitor
whose conduct on the park’s premises displays intoxication, profanity, lewdness, or brawling; who
indulges in such language or conduct in a manner that disturbs the peace or comfort of other guests;
who engages in illegal or disorderly conduct; or whose conduct creates a nuisance.44 However, ch.
513, F.S., does not expressly specify the process by which a park operator could require such a
transient guest to immediately leave the premises, and law enforcement may be confused about
whether such a transient guest can be trespassed without the park operator going through the eviction
process.
Additionally, a park operator may not refuse to provide accommodations or service to any person,
transient or otherwise, on the basis of a person’s race, color, national origin, sex, physical disability, or
creed. Such refusal violates Florida’s Fair Housing Act, the federal Fair Housing Act, and the
Fourteenth Amendment of the United States Constitution.45
Local Government Authority
The Florida Constitution grants counties46 and municipalities47 broad home rule authority. Non-charter
county governments may exercise those powers of self-government provided by general or special
law.48 Counties operating under a county charter have all powers of self-government not inconsistent
with general law or special law approved by vote of the electors.49
Municipalities have those governmental, corporate, and proprietary po