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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5 ORIGINAL STAMP BELOW
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11 The Committee on Environmental Protection offered the
12 following:
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14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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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
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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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