Florida Senate - 2010                                    SB 1586
       
       
       
       By Senator Justice
       
       
       
       
       16-00627A-10                                          20101586__
    1                        A bill to be entitled                      
    2         An act relating to playground safety requirements;
    3         requiring the Department of Community Affairs, in
    4         consultation with the Department of Education, to
    5         adopt rules establishing safety requirements for
    6         playgrounds; providing definitions; providing
    7         guidelines for the adoption of the safety
    8         requirements; prohibiting the expenditure of public
    9         funds on projects that do not conform to the safety
   10         requirements; providing certain exceptions; providing
   11         an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. (1) As used in this section, the term
   16  “playground” means an improved outdoor area that is designed,
   17  equipped, and used for the play of six or more children, is open
   18  to the public or to users of a facility operated by the operator
   19  of the playground, and is not intended for use as an athletic
   20  playing field or athletic court. The term also includes play
   21  equipment, surfacing, fencing, signs, internal pathways,
   22  internal land forms, landscaping, and related elements used in
   23  the facility.
   24         (2) The Department of Community Affairs, in consultation
   25  with the Department of Education, shall adopt rules for the
   26  design, installation, inspection, and maintenance of
   27  playgrounds. The rules shall meet any standard of care imposed
   28  by law on playground operators and shall conform to the
   29  guidelines and criteria in the 2008 revision of the Handbook for
   30  Public Playground Safety produced by the United States Consumer
   31  Products Safety Commission. The rules shall also include special
   32  provisions for playgrounds for children who attend day care
   33  facilities. The department is not responsible for the
   34  enforcement of any rules adopted pursuant to this section.
   35         (3) Any playground constructed after January 1, 2011, must
   36  conform to the rules adopted pursuant to this section.
   37         (4) Public funds may not be used in the planning,
   38  development, or redevelopment of any playground after July 1,
   39  2011, unless the playground will conform to the rules adopted
   40  pursuant to this section at the completion of the project.
   41  However, if public funds are appropriated to or allocated for a
   42  playground project before July 1, 2011, the funding shall be
   43  maintained if the cost of alterations to bring the playground
   44  into conformance with the rules adopted pursuant to this section
   45  does not exceed 15 percent of the original project cost.
   46         Section 2. This act shall take effect July 1, 2010.