Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for CS for SB 2614 Barcode 953516 LEGISLATIVE ACTION Senate . House . . . Floor: 7/AD/2R . 04/28/2009 10:49 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Fasano moved the following: 1 Senate Amendment (with directory and title amendments) 2 3 Between lines 257 and 258 4 insert: 5 (18) A function related to air quality inside an enclosed 6 ice rink to protect the health and safety of visitors and 7 employees of an enclosed ice skating rink from dangers 8 associated with oxides of nitrogen (NOX), hydrocarbons (CXHX), 9 carbon monoxide (CO), carbon dioxide (CO2) and other harmful 10 gasses, vapors, or particles as identified by the department 11 that change the air quality due to the operation of the ice 12 rink. The department may adopt rules including definitions; air 13 quality standards, monitoring, testing, and record keeping; 14 maintenance and operation requirements for equipment that 15 affects air quality; ventilation of the facility; operators’ 16 required response activities to the exceedance of an air quality 17 standard; and assessment of fees. The department may enter and 18 inspect an enclosed ice skating rink at reasonable hours to 19 determine compliance with applicable statutes or rules. The 20 department may assess a fee no greater than $300 to cover the 21 actual costs of the annual inspection and review of the air 22 quality of enclosed ice skating rinks. The air quality standards 23 adopted by the department must be consistent with risk values or 24 exposure guidelines recommended by the United States 25 Environmental Protection Agency or the United States Centers for 26 Disease Control and Prevention. 27 Section 4. Subsection (1) of section 381.0061, Florida 28 Statutes, is amended to read: 29 381.0061 Administrative fines.— 30 (1) In addition to any administrative action authorized by 31 chapter 120 or by other law, the department may impose a fine, 32 which shall not exceed $500 for each violation, for a violation 33 of s. 381.006(16), s. 381.006(18), s. 381.0065, s. 381.0066, s. 34 381.0072, or part III of chapter 489, for a violation of any 35 rule adopted under this chapter, or for a violation of any of 36 the provisions of chapter 386. Notice of intent to impose such 37 fine shall be given by the department to the alleged violator. 38 Each day that a violation continues may constitute a separate 39 violation. 40 41 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 42 And the directory clause is amended as follows: 43 Delete lines 209 - 210 44 and insert: 45 Section 3. Subsection (16) of section 381.006, Florida 46 Statutes, is amended, and subsection (18) is added to that 47 section, to read: 48 49 ================= T I T L E A M E N D M E N T ================ 50 And the title is amended as follows: 51 Delete line 15 52 and insert: 53 with five or fewer residents; requiring the Department 54 of Health to include in its environmental health 55 program the testing of the air in enclosed ice rinks; 56 authorizing the department to adopt rules relating to 57 air quality standards, monitoring, testing, record 58 keeping, the maintenance and operation of equipment 59 that affects air quality, and assessment of fees; 60 authorizing the department to enter and inspect an 61 enclosed ice skating rink at reasonable hours to 62 determine compliance with applicable air quality 63 statutes or rules; authorizing the department to 64 assess a fee for a specified purpose; requiring the 65 air quality standards be consistent with federal risk 66 values or exposure guidelines; amending s. 381.0061, 67 F.S.; providing that the department may impose a fine, 68 which may not exceed a specified amount for a 69 violation of the ice rink air quality standards; 70 amending s. 381.0072,