CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1193

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Environmental Protection offered the

12  following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Subsection (4) of section 514.011, Florida

19  Statutes, is amended to read:

20         514.011  Definitions.--As used in this chapter:

21         (4)  "Public bathing place" means a body of water,

22  natural or modified by humans, for swimming, diving, and

23  recreational bathing, together with adjacent shoreline or land

24  area, buildings, equipment, and appurtenances pertaining

25  thereto, used by consent of the owner or owners and held out

26  to the public by any person or public body, irrespective of

27  whether a fee is charged for the use thereof.  The bathing

28  water areas of public bathing places include, but are not

29  limited to, lakes, ponds, rivers, streams, and artificial

30  impoundments, and waters along the coastal and intracoastal

31  beaches and shores of the state.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1193

    Amendment No.     (for drafter's use only)





 1         Section 2.  Section 514.023, Florida Statutes, is

 2  created to read:

 3         514.023  Sampling of beach waters; health advisories.--

 4         (1)  The department may adopt and enforce rules to

 5  protect the health, safety, and welfare of persons using the

 6  beach waters of the state. The rules must establish health

 7  standards and prescribe procedures and timeframes for

 8  bacteriological sampling of beach waters.

 9         (2)  The department may issue health advisories if the

10  quality of beach waters fails to meet standards established by

11  the department. The issuance of health advisories related to

12  the results of bacteriological sampling of beach waters is

13  preempted to the state.

14         (3)  For purposes of this section, the term "beach

15  waters" means the waters along the coastal and intracoastal

16  beaches and shores of the state, and includes salt water and

17  brackish water.

18         (4)  Contingent upon legislative appropriation to the

19  department in the amount of $600,000 nonrecurring, the

20  department will perform a 3-year study to determine the water

21  quality at beaches throughout the state. The study will be

22  performed in all counties that have public-access saltwater

23  and brackishwater beaches.

24         Section 3.  Section 514.03, Florida Statutes, is

25  amended to read:

26         514.03  Construction plans approval necessary to

27  construct, develop, or modify public swimming pools or bathing

28  places.--It is unlawful for any person or public body to

29  construct, develop, or modify any public swimming pool or

30  bathing place, other than coastal or intracoastal beaches,

31  without a valid construction plans approval from the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1193

    Amendment No.     (for drafter's use only)





 1  department.

 2         (1)  Any person or public body desiring to construct,

 3  develop, or modify any public swimming pool or bathing place

 4  shall file an application for a construction plans approval

 5  with the department on application forms provided by the

 6  department and shall accompany such application with:

 7         (a)  Engineering drawings, specifications,

 8  descriptions, and detailed maps of the structure, its

 9  appurtenances, and its intended operation.

10         (b)  A description of the source or sources of water

11  supply and amount and quality of water available and intended

12  to be used.

13         (c)  A description of the method and manner of water

14  purification, treatment, disinfection, and heating.

15         (d)  Other applicable information deemed necessary by

16  the department to fulfill the requirements of this chapter.

17         (2)  If the proposed construction of, development of,

18  or modification of a public swimming pool or bathing place

19  meets standards of public health and safety as defined in this

20  chapter and rules adopted hereunder, the department shall

21  grant the application for the construction plans approval

22  within 30 days after receipt of a complete submittal.  If

23  engineering plans submitted are in substantial compliance with

24  the standards aforementioned, the department may approve the

25  plans with provisions for corrective action to be completed

26  prior to issuance of the operating permit.

27         (3)  If the proposed construction, development, or

28  modification of a public swimming pool or bathing place fails

29  to meet standards of public health and safety as defined in

30  this chapter and rules adopted hereunder, the department shall

31  deny the application for construction plans approval pursuant

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1193

    Amendment No.     (for drafter's use only)





 1  to the provisions of chapter 120.  Such denial shall be issued

 2  in writing within 30 days and shall list the circumstances for

 3  denial.  Upon correction of such circumstances, an applicant

 4  previously denied permission to construct, develop, or modify

 5  a public swimming pool or bathing place may reapply for

 6  construction plans approval.

 7         (4)  An approval of construction plans issued by the

 8  department under this section becomes void 1 year after the

 9  date the approval was issued if the construction is not

10  commenced within 1 year after the date of issuance.

11         Section 4.  Section 514.031, Florida Statutes, is

12  amended to read:

13         514.031  Permit necessary to operate public swimming

14  pool or bathing place.--

15         (1)  It is unlawful for any person or public body to

16  operate or continue to operate any public swimming pool or

17  bathing place without a valid permit from the department, such

18  permit to be obtained in the following manner:

19         (a)(1)  Any person or public body desiring to operate

20  any public swimming pool or bathing place shall file an

21  application for a permit with the department, on application

22  forms provided by the department, and shall accompany such

23  application with:

24         1.(a)  Descriptions of the structure, its

25  appurtenances, and its operation.

26         2.(b)  Description of the source or sources of water

27  supply, and the amount and quality of water available and

28  intended to be used.

29         3.(c)  Method and manner of water purification,

30  treatment, disinfection, and heating.

31         4.(d)  Safety equipment and standards to be used.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1193

    Amendment No.     (for drafter's use only)





 1         5.(e)  Measures to ensure personal cleanliness of

 2  bathers.

 3         6.(f)  Any other pertinent information deemed necessary

 4  by the department to fulfill the requirements of this chapter.

 5         (b)(2)  If the department determines that the public

 6  swimming pool or bathing place is or may reasonably be

 7  expected to be operated in compliance with this chapter and

 8  the rules adopted hereunder, the department shall grant the

 9  application for permit.

10         (c)(3)  If the department determines that the public

11  swimming pool or bathing place does not meet the provisions

12  outlined in this chapter or the rules adopted hereunder, the

13  department shall deny the application for a permit pursuant to

14  the provisions of chapter 120.  Such denial shall be in

15  writing and shall list the circumstances for the denial.  Upon

16  correction of such circumstances, an applicant previously

17  denied permission to operate a public swimming pool or bathing

18  place may reapply for a permit.

19         (2)  Operating permits shall not be required for

20  coastal or intracoastal beaches.

21         (3)(4)  Operating permits shall not be transferable

22  from one name or owner to another.  When the ownership or name

23  of an existing public swimming pool or bathing place is

24  changed and such establishment is operating at the time of the

25  change with a valid permit from the department, the new owner

26  of the establishment shall apply to the department, upon forms

27  provided by the department, for a reissuance of the existing

28  permit.

29         (4)(5)  Each such operating permit shall be renewed

30  annually and the permit must be posted in a conspicuous place.

31         (5)(6)  An owner or operator of a public swimming pool,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1193

    Amendment No.     (for drafter's use only)





 1  including, but not limited to, a spa, wading, or special

 2  purpose pool, to which admittance is obtained by membership

 3  for a fee shall post in a prominent location within the

 4  facility the most recent pool inspection report issued by the

 5  department pertaining to the health and safety conditions of

 6  such facility. The report shall be legible and readily

 7  accessible to members or potential members. The department

 8  shall adopt rules to enforce this subsection. A portable pool

 9  may not be used as a public pool.

10         Section 5.  The Department of Health shall form an

11  interagency technical advisory committee to oversee the

12  performance of the studies required in sections 2 and 6 of

13  this act, and to advise it in rulemaking pertaining to

14  standards for public bathing places along the coastal and

15  intracoastal beaches and shores of the state. Membership on

16  the committee shall consist of equal numbers of staff of the

17  Department of Health and the Department of Environmental

18  Protection with expertise in the subject matter of the

19  studies. Members shall be appointed by the respective

20  secretaries of these departments. The committee shall be

21  chaired by a representative from the Department of Health.

22         Section 6.  The sum of $745,000 is appropriated from

23  the General Revenue Fund to the Department of Health for

24  fiscal year 2000-2001, for a 2-year "Healthy Beaches" study in

25  the coastal waters of Escambia and Santa Rosa Counties and the

26  Tampa Bay area of Pinellas County. The purpose of the study is

27  to determine which indicator organism is best suited to be

28  used with respect to Florida's waters and to establish a

29  statewide model to help predict when possible water-quality

30  problems will occur.

31         Section 7.  This act shall take effect July 1, 2000.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1193

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 2 through page 2 line 10

 4  remove from the title of the bill:  all of said lines

 5

 6  and insert in lieu thereof:

 7         An act relating to public swimming and bathing

 8         places; amending s. 514.011, F.S.; modifying a

 9         definition; creating s. 514.023, F.S.;

10         authorizing the Department of Health to set

11         standards for and sample beach waters and issue

12         health advisories under certain conditions;

13         preempting to the state the issuance of health

14         advisories; providing for beach water-quality

15         studies; amending ss. 514.03, 514.031, F.S,;

16         exempting coastal and intracoastal beaches from

17         certain permitting requirements; providing an

18         appropriation; requiring a technical advisory

19         committee; providing an effective date.

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