| 1 | A bill to be entitled |
| 2 | An act relating to regulation of public swimming and |
| 3 | bathing facilities; amending s. 514.025, F.S.; authorizing |
| 4 | the Department of Health to assign to certain special |
| 5 | districts duties relating to the construction and |
| 6 | inspection of, and the issuing of permits for, public |
| 7 | swimming pools and bathing places; requiring the |
| 8 | department to evaluate personnel qualifications and |
| 9 | enforce rules pertaining thereto; providing for transfer |
| 10 | of specified surveillance duties from the department to |
| 11 | certain special districts; amending s. 514.033, F.S.; |
| 12 | authorizing certain special districts to collect fees |
| 13 | relating to construction, development, and modification of |
| 14 | public swimming pools and bathing places; requiring |
| 15 | deposit of such fees in the applicable County Health |
| 16 | Department Trust Fund; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 514.025, Florida Statutes, is amended |
| 21 | to read: |
| 22 | 514.025 Assignment of authority to county health |
| 23 | departments or single and multipurpose special districts.-- |
| 24 | (1) The department shall assign to county health |
| 25 | departments or single and multipurpose special districts that |
| 26 | are staffed with qualified engineering personnel the functions |
| 27 | of reviewing applications and plans for the construction, |
| 28 | development, or modification of public swimming pools or bathing |
| 29 | places; of conducting inspections for and issuance of initial |
| 30 | operating permits; and of issuing all permits. If the county |
| 31 | health department or the single and multipurpose special |
| 32 | district is not assigned the functions of application and plan |
| 33 | review and the issuance of initial operating permits, the |
| 34 | department shall be responsible for such functions. The |
| 35 | department shall make the determination concerning the |
| 36 | qualifications of county health department or special district |
| 37 | personnel to perform these functions and may make and enforce |
| 38 | such rules pertaining thereto as it shall deem proper. |
| 39 | (2) After the initial operating permit is issued, the |
| 40 | county health departments or single and multipurpose special |
| 41 | districts assigned the functions described in subsection (1) |
| 42 | shall assume full responsibility for routine surveillance of all |
| 43 | public swimming pools and bathing places, including |
| 44 | responsibility for a minimum of two routine inspections |
| 45 | annually, complaint investigations, enforcement procedures, |
| 46 | reissuance of operating permits, and renewal of operating |
| 47 | permits. |
| 48 | Section 2. Subsections (1) and (4) of section 514.033, |
| 49 | Florida Statutes, are amended to read: |
| 50 | 514.033 Creation of fee schedules authorized.-- |
| 51 | (1) The department is authorized to establish a schedule |
| 52 | of fees to be charged by the department or by any authorized |
| 53 | county health department or single and multipurpose special |
| 54 | district pursuant to as detailed in s. 514.025 for the review of |
| 55 | applications and plans to construct, develop, or modify a public |
| 56 | swimming pool or bathing place, for the issuance of permits to |
| 57 | operate such establishments, and for the review of variance |
| 58 | applications for public swimming pools and bathing places. Fees |
| 59 | assessed under this chapter shall be in an amount sufficient to |
| 60 | meet the cost of carrying out the provisions of this chapter. |
| 61 | (4) Fees collected by the department in accordance with |
| 62 | this chapter shall be deposited into the Public Swimming Pool |
| 63 | and Bathing Place Trust Fund for the payment of costs incurred |
| 64 | in the administration of this chapter. Fees collected by county |
| 65 | health departments and single and multipurpose special districts |
| 66 | performing functions pursuant to s. 514.025 shall be deposited |
| 67 | into the County Health Department Trust Fund of the county in |
| 68 | which the public swimming pool or bathing place for which the |
| 69 | fee is charged will be or is located. Any fee collected under |
| 70 | this chapter is nonrefundable. |
| 71 | Section 3. This act shall take effect July 1, 2009. |