SENATE AMENDMENT
Bill No. CS for SB 2448
Amendment No. ___ Barcode 521426
CHAMBER ACTION
Senate House
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04/28/2004 12:11 PM .
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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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SENATE AMENDMENT
Bill No. CS for SB 2448
Amendment No. ___ Barcode 521426
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.
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SENATE AMENDMENT
Bill No. CS for SB 2448
Amendment No. ___ Barcode 521426
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.
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25 (Redesignate subsequent sections.)
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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,
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SENATE AMENDMENT
Bill No. CS for SB 2448
Amendment No. ___ Barcode 521426
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;
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