SENATE AMENDMENT
    Bill No. CS for SB 2014
    Amendment No. ___   Barcode 675486
                            CHAMBER ACTION
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11  Senator Wasserman Schultz moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 62, between lines 14 and 15,
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16  insert:  
17         Section 40.  Section 514.0305, Florida Statutes, is
18  created to read:
19         514.0305  Public pools; safety barriers.--
20         (1)  Public pools must be equipped with the following
21  safety features:
22         (a)  A permanent barrier that completely encloses the
23  pool.
24         (b)  Pedestrian gates that open outward, are
25  self-closing, and equipped with a release mechanism that is
26  located on the pool side of the gate and placed so that a
27  young child cannot reach it.
28         (c)  Gates, other than pedestrian gates, which must be
29  equipped with lockable hardware or padlocks and which must
30  remain locked when not being used.
31         (2)(a)  The barriers and other equipment required by
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    2:27 PM   04/26/04                              s2014c1c-34k0c

SENATE AMENDMENT Bill No. CS for SB 2014 Amendment No. ___ Barcode 675486 1 this section shall be inspected by the county health 2 department during each routine inspection. 3 (b) The inspector shall immediately close any pool 4 that does not comply with the requirements of this section. 5 Upon such closing, the owner or operator of the pool must 6 correct the deficiencies or be subject to an administrative 7 fine not to exceed $1,500. The department, upon prevailing in 8 enforcement of this section, shall be awarded attorney's fees 9 at the rate of $150 per attorney hour and shall in addition be 10 awarded the costs of litigation. The attorney's fees and costs 11 shall be awarded against the public pool operator by the 12 presiding officer of any proceeding before the Division of 13 Administrative Hearings or before a hearing officer appointed 14 by the department. 15 (3) The definitions in s. 515.25 apply to this section 16 and are incorporated herein by reference, except that the 17 definition of the term "public swimming pool" shall be as 18 provided in s. 514.011(2). 19 (4) This section applies to all public pools that are 20 operated or constructed on or after January 1, 2005. Pools in 21 operation on that date must be brought into compliance by 22 April 1, 2005. 23 (5) This section does not apply to pools at any unit, 24 group of units, dwelling, building, or group of buildings 25 within a single complex of buildings which is rented to guests 26 more than three times in a calendar year for periods of fewer 27 than 30 days or 1 calendar month, whichever is less, or 28 advertised or held out to the public as a place regularly 29 rented to guests. 30 (6) The department shall revise its rules authorized 31 by s. 514.021 in order to administer this section. 2 2:27 PM 04/26/04 s2014c1c-34k0c
SENATE AMENDMENT Bill No. CS for SB 2014 Amendment No. ___ Barcode 675486 1 Section 41. Subsection (2) of section 514.0115, 2 Florida Statutes, is amended to read: 3 514.0115 Exemptions from supervision or regulation; 4 variances.-- 5 (2)(a) Pools serving no more than 32 condominium or 6 cooperative units which are not operated as a public lodging 7 establishment shall be exempt from supervision under this 8 chapter, except for water quality and the requirements of s. 9 514.0305. 10 (b) Pools serving condominium or cooperative 11 associations of more than 32 units and whose recorded 12 documents prohibit the rental or sublease of the units for 13 periods of less than 60 days are exempt from supervision under 14 this chapter, except that the condominium or cooperative owner 15 or association must file applications with the department and 16 obtain construction plans approval and receive an initial 17 operating permit. The department shall inspect the swimming 18 pools at such places annually, at the fee set forth in s. 19 514.033(3), or upon request by a unit owner, to determine 20 compliance with department rules relating to water quality, 21 and lifesaving equipment, and the requirements of s. 514.0305. 22 The department may not require compliance with rules relating 23 to swimming pool lifeguard standards. 24 25 (Redesignate subsequent sections.) 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 On page 6, line 15, after the semicolon, 31 3 2:27 PM 04/26/04 s2014c1c-34k0c
SENATE AMENDMENT Bill No. CS for SB 2014 Amendment No. ___ Barcode 675486 1 insert: 2 creating s. 514.0305, F.S.; requiring the pools 3 to be enclosed by a barrier; establishing 4 additional safety requirements; requiring 5 inspections; providing penalties for 6 violations; providing that attorney's fees and 7 costs be awarded to the Department of Health at 8 a hearing at which the department prevails; 9 providing definitions and for application; 10 providing for exceptions; amending s. 514.0115, 11 F.S.; providing that certain condominiums and 12 cooperatives must comply with specified 13 requirements of law; 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 2:27 PM 04/26/04 s2014c1c-34k0c