Senate Bill sb2352c1

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    Florida Senate - 2003                           CS for SB 2352

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Wasserman Schultz




    317-2038-03

  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 an administrative

  7         penalty for violations; providing for

  8         application; amending s. 514.031, F.S.;

  9         authorizing licensure of a portable pool used

10         for certain purposes related to scuba diving;

11         providing an effective date.

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

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15         Section 1.  Section 514.0305, Florida Statutes, is

16  created to read:

17         514.0305  Public pools; safety barriers.--

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

19  safety features:

20         (a)  A permanent barrier that completely encloses the

21  pool. A barrier means a fence, wall, wall of a building, or

22  any combination thereof, which completely surrounds the pool

23  and obstructs access to the pool, especially access from the

24  building or from the property outside the barrier.

25         (b)  Pedestrian gates that open outward, are

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

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

28  child 6 years of age or younger cannot reach it.

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

30  equipped with lockable hardware or padlocks and which must

31  remain locked when not being used.

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    Florida Senate - 2003                           CS for SB 2352
    317-2038-03




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

 2  this section shall be inspected by the county health

 3  department during each routine inspection.

 4         (b)  The inspector shall immediately close any pool

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

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

 7  correct the deficiencies or be subject to an administrative

 8  fine not to exceed $1,500.

 9         (3)  This section applies to all public pools that are

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

11  pools in operation on that date must be brought into

12  compliance by October 1, 2003.

13         Section 2.  Subsection (5) of section 514.031, Florida

14  Statutes, is amended to read:

15         514.031  Permit necessary to operate public swimming

16  pool or bathing place.--

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

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

19  purpose pool, to which admittance is obtained by membership

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

21  facility the most recent pool inspection report issued by the

22  department pertaining to the health and safety conditions of

23  such facility. The report shall be legible and readily

24  accessible to members or potential members. The department

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

26  may not be used as a public pool; however, a portable pool may

27  be used for scuba diving instruction or scuba diving

28  exhibition purposes and may be permitted by the department, if

29  such portable pool otherwise meets the health, safety, and

30  welfare requirements of the rules of the department applicable

31  to public pools.

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    Florida Senate - 2003                           CS for SB 2352
    317-2038-03




 1         Section 3.  This act shall take effect July 1, 2003.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                         Senate Bill 2352

 5                                 

 6  The Committee Substitute differs from SB 2352 in the following
    ways:
 7  
    Barrier is defined.
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    Pedestrian gates at a public pool must be ones that a child 6
 9  years old or younger could not open.

10  A violation of s. 514.0305, F.S., which is created in the
    bill, will not be deemed negligence per se.
11  
    The definitions in s. 515.25, F.S., do not apply to public
12  pools.

13  A portable pool used for scuba diving instruction may be
    permitted by the Department of Health as a public pool.
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