Senate Bill 1412e1

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  1                      A bill to be entitled

  2         An act relating to public swimming and bathing

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

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

  5         authorizing the Department of Health to set

  6         standards for and sample beach waters and issue

  7         health advisories under certain conditions;

  8         preempting to the state the issuance of health

  9         advisories; providing for beach water-quality

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

11         exempting coastal and intracoastal beaches from

12         certain permitting requirements; providing an

13         appropriation; requiring a technical advisory

14         committee; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

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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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  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


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  1  without a valid construction plans approval from the

  2  department.

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

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

  5  shall file an application for a construction plans approval

  6  with the department on application forms provided by the

  7  department and shall accompany such application with:

  8         (a)  Engineering drawings, specifications,

  9  descriptions, and detailed maps of the structure, its

10  appurtenances, and its intended operation.

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

12  supply and amount and quality of water available and intended

13  to be used.

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

15  purification, treatment, disinfection, and heating.

16         (d)  Other applicable information deemed necessary by

17  the department to fulfill the requirements of this chapter.

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

19  or modification of a public swimming pool or bathing place

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

21  chapter and rules adopted hereunder, the department shall

22  grant the application for the construction plans approval

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

24  engineering plans submitted are in substantial compliance with

25  the standards aforementioned, the department may approve the

26  plans with provisions for corrective action to be completed

27  prior to issuance of the operating permit.

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

29  modification of a public swimming pool or bathing place fails

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

31  this chapter and rules adopted hereunder, the department shall


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  1  deny the application for construction plans approval pursuant

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

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

  4  denial.  Upon correction of such circumstances, an applicant

  5  previously denied permission to construct, develop, or modify

  6  a public swimming pool or bathing place may reapply for

  7  construction plans approval.

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

  9  department under this section becomes void 1 year after the

10  date the approval was issued if the construction is not

11  commenced within 1 year after the date of issuance.

12         Section 4.  Section 514.031, Florida Statutes, is

13  amended to read:

14         514.031  Permit necessary to operate public swimming

15  pool or bathing place.--

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

17  operate or continue to operate any public swimming pool or

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

19  permit to be obtained in the following manner:

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

21  any public swimming pool or bathing place shall file an

22  application for a permit with the department, on application

23  forms provided by the department, and shall accompany such

24  application with:

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

26  appurtenances, and its operation.

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

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

29  intended to be used.

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

31  treatment, disinfection, and heating.


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

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

  3  bathers.

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

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

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

  7  swimming pool or bathing place is or may reasonably be

  8  expected to be operated in compliance with this chapter and

  9  the rules adopted hereunder, the department shall grant the

10  application for permit.

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

12  swimming pool or bathing place does not meet the provisions

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

14  department shall deny the application for a permit pursuant to

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

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

17  correction of such circumstances, an applicant previously

18  denied permission to operate a public swimming pool or bathing

19  place may reapply for a permit.

20         (2)  Operating permits shall not be required for

21  coastal or intracoastal beaches.

22         (3)(4)  Operating permits shall not be transferable

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

24  of an existing public swimming pool or bathing place is

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

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

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

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

29  permit.

30         (4)(5)  Each such operating permit shall be renewed

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


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  1         (5)(6)  An owner or operator of a public swimming pool,

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

  3  purpose pool, to which admittance is obtained by membership

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

  5  facility the most recent pool inspection report issued by the

  6  department pertaining to the health and safety conditions of

  7  such facility. The report shall be legible and readily

  8  accessible to members or potential members. The department

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

10  may not be used as a public pool.

11         Section 5.  The Department of Health shall form an

12  interagency technical advisory committee to oversee the

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

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

15  standards for public bathing places along the coastal and

16  intracoastal beaches and shores of the state. Membership on

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

18  Department of Health and the Department of Environmental

19  Protection with expertise in the subject matter of the

20  studies. Members shall be appointed by the respective

21  secretaries of these departments. The committee shall be

22  chaired by a representative from the Department of Health.

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

24  the Ecosystem Management and Restoration Trust Fund to the

25  Department of Environmental Protection, Division of Water

26  Resource Management, Beach Management Program, for fiscal year

27  2000-2001.  These funds shall be transferred to the Department

28  of Health.  The sum of $745,000 is appropriated from the

29  County Health Department Trust Fund in the Department of

30  Health during fiscal year 2000-2001 for a 2-year "Healthy

31  Beaches" study in the coastal waters of Escambia and Santa


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    CS for SB 1412                           First Engrossed (ntc)



  1  Rosa Counties and the Tampa Bay area of Pinellas County.  The

  2  purpose of the study is to determine which indicator organism

  3  is best suited to be used with respect to Florida's waters and

  4  to establish a statewide model to help predict when possible

  5  water-quality problems will occur.

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

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