Senate Bill sb2352

    Florida Senate - 2003                                  SB 2352

    By Senator Wasserman Schultz





    34-1192-03

  1                      A bill to be entitled

  2         An act relating to public swimming pools;

  3         creating s. 514.0305, F.S.; requiring such

  4         pools to be enclosed by a barrier; establishing

  5         additional safety requirements; requiring

  6         inspections; providing penalties for

  7         violations; providing definitions and for

  8         application; providing an effective date.

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

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12         Section 1.  Section 514.0305, Florida Statutes, is

13  created to read:

14         514.0305  Public pools; safety barriers.--

15         (1)  Public pools must be equipped with the following

16  safety features;

17         (a)  A permanent barrier that completely encloses the

18  pool.

19         (b)  Pedestrian gates that open outward, are

20  self-closing, and equipped with a release mechanism that is

21  located on the pool side of the gate and placed so that a

22  young child cannot reach it.

23         (c)  Gates, other than pedestrian gates, which must be

24  equipped with lockable hardware or padlocks and which must

25  remain locked when not being used.

26         (2)(a)  The barriers and other equipment required by

27  this section shall be inspected by the county health

28  department during each routine inspection.

29         (b)  The inspector shall immediately close any pool

30  that does not comply with the requirements of this section.

31  Upon such closing, the owner or operator of the pool must

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    Florida Senate - 2003                                  SB 2352
    34-1192-03




 1  correct the deficiencies or be subject to an administrative

 2  fine not to exceed $1,500.

 3         (c)  A violation of this section is deemed negligence

 4  per se and may be admitted into evidence in any civil

 5  proceeding.

 6         (3)  The definitions in s. 515.25, apply to this

 7  section and are incorporated herein by reference.

 8         (4)  This section applies to all public pools that are

 9  operated or constructed on or after July 1, 2003, except that

10  pools in operation on that date must be brought into

11  compliance by October 1, 2003.

12         Section 2.  This act shall take effect July 1, 2003.

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15                          SENATE SUMMARY

16    Requires public swimming pools to be enclosed by barriers
      and have other safety devices. Provides for inspections
17    and provides penalties for violations.

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