Senate Bill sb2014c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 2014
By the Committee on Comprehensive Planning; and Senator
Wasserman Schultz
316-2595-04
1 A bill to be entitled
2 An act relating to public swimming pools;
3 creating s. 514.0305, F.S.; requiring the pools
4 to be enclosed by a barrier; establishing
5 additional safety requirements; requiring
6 inspections; providing penalties for
7 violations; providing that attorney's fees and
8 costs be awarded to the Department of Health at
9 a hearing at which the department prevails;
10 providing definitions and for application;
11 providing for exceptions; amending s. 514.0115,
12 F.S.; providing that certain condominiums and
13 cooperatives must comply with specified
14 requirements of law; providing an effective
15 date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 514.0305, Florida Statutes, is
20 created to read:
21 514.0305 Public pools; safety barriers.--
22 (1) Public pools must be equipped with the following
23 safety features:
24 (a) A permanent barrier that completely encloses the
25 pool.
26 (b) Pedestrian gates that open outward, are
27 self-closing, and equipped with a release mechanism that is
28 located on the pool side of the gate and placed so that a
29 young child cannot reach it.
30
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 2014
316-2595-04
1 (c) Gates, other than pedestrian gates, which must be
2 equipped with lockable hardware or padlocks and which must
3 remain locked when not being used.
4 (2)(a) The barriers and other equipment required by
5 this section shall be inspected by the county health
6 department during each routine inspection.
7 (b) The inspector shall immediately close any pool
8 that does not comply with the requirements of this section.
9 Upon such closing, the owner or operator of the pool must
10 correct the deficiencies or be subject to an administrative
11 fine not to exceed $1,500. The department, upon prevailing in
12 enforcement of this section, shall be awarded attorney's fees
13 at the rate of $150 per attorney hour and shall in addition be
14 awarded the costs of litigation. The attorney's fees and costs
15 shall be awarded against the public pool operator by the
16 presiding officer of any proceeding before the Division of
17 Administrative Hearings or before a hearing officer appointed
18 by the department.
19 (3) The definitions in s. 515.25 apply to this section
20 and are incorporated herein by reference, except that the
21 definition of the term "public swimming pool" shall be as
22 provided in s. 514.011(2).
23 (4) This section applies to all public pools that are
24 operated or constructed on or after January 1, 2005. Pools in
25 operation on that date must be brought into compliance by
26 April 1, 2005.
27 (5) This section does not apply to existing pools at
28 any unit, group of units, dwelling, building, or group of
29 buildings within a single complex of buildings which is rented
30 to guests more than three times in a calendar year for periods
31 of fewer than 30 days or 1 calendar month, whichever is less,
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 2014
316-2595-04
1 or advertised or held out to the public as a place regularly
2 rented to guests.
3 (6) The department shall revise its rules authorized
4 by s. 514.021 in order to administer this section.
5 Section 2. Subsection (2) of section 514.0115, Florida
6 Statutes, is amended to read:
7 514.0115 Exemptions from supervision or regulation;
8 variances.--
9 (2)(a) Pools serving no more than 32 condominium or
10 cooperative units which are not operated as a public lodging
11 establishment shall be exempt from supervision under this
12 chapter, except for water quality and the requirements of s.
13 514.0305.
14 (b) Pools serving condominium or cooperative
15 associations of more than 32 units and whose recorded
16 documents prohibit the rental or sublease of the units for
17 periods of less than 60 days are exempt from supervision under
18 this chapter, except that the condominium or cooperative owner
19 or association must file applications with the department and
20 obtain construction plans approval and receive an initial
21 operating permit. The department shall inspect the swimming
22 pools at such places annually, at the fee set forth in s.
23 514.033(3), or upon request by a unit owner, to determine
24 compliance with department rules relating to water quality,
25 and lifesaving equipment, and the requirements of s. 514.0305.
26 The department may not require compliance with rules relating
27 to swimming pool lifeguard standards.
28 Section 3. This act shall take effect July 1, 2004.
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 2014
316-2595-04
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2014
3
4 This CS differs from the bill as filed in that it:
5 - allows the department to recover attorney's fees and
costs when they prevail in an enforcement action pursuant
6 to this bill;
7 - references the definition of public swimming pool in s.
514.011(2), F.S., which insures that pools exempted in s.
8 514.0115, F.S.(which includes condominiums), are subject
to the requirements of the bill;
9
- extends the for compliance deadline by 6 months;
10
- requires the department to revise its rules to
11 incorporate the requirements of this bill; and
12 - exempts hotels from the requirements of the bill.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4
CODING: Words stricken are deletions; words underlined are additions.