Senate Bill sb2014c1

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    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.

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

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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.

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    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,

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    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.

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    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;
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    -    extends the for compliance deadline by 6 months;
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    -    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.

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