HB 165

A bill to be entitled
2An act relating to ice skating rinks; amending s. 381.006,
3F.S.; requiring the Department of Health to include in its
4environmental health program the testing of the air in
5enclosed ice skating rinks; authorizing the department to
6adopt rules relating to air quality standards, monitoring,
7testing, recordkeeping, the maintenance and operation of
8equipment that affects air quality, assessment of fees,
9enforcement, and penalties; authorizing the department to
10enter and inspect an enclosed ice skating rink at
11reasonable hours to determine compliance with applicable
12air quality statutes or rules; amending s. 381.0061, F.S.;
13authorizing the department to impose a fine, which may not
14exceed a specified amount, for a violation of air quality
15standards for enclosed ice skating rinks; providing an
16effective date.
18Be It Enacted by the Legislature of the State of Florida:
20     Section 1.  Subsection (19) is added to section 381.006,
21Florida Statutes, to read:
22     381.006  Environmental health.-The department shall conduct
23an environmental health program as part of fulfilling the
24state's public health mission. The purpose of this program is to
25detect and prevent disease caused by natural and manmade factors
26in the environment. The environmental health program shall
27include, but not be limited to:
28     (19)  A function related to air quality inside an enclosed
29ice skating rink to protect the health and safety of visitors
30and employees of the enclosed ice skating rink from dangers
31associated with oxides of nitrogen (NOX), hydrocarbons (CXHX),
32carbon monoxide (CO), carbon dioxide (CO2), and other harmful
33gasses, vapors, or particles as identified by the department
34which change the air quality due to the operation of the ice
35rink. The department may adopt rules that include definitions;
36air quality standards and requirements for monitoring, testing,
37and recordkeeping; maintenance and operation requirements for
38equipment that affects air quality; requirements for ventilation
39of the facility; the required response activities if an operator
40violates air quality standards; the assessment of fees, which
41may not exceed the actual costs of administration; and
42requirements for enforcement, citations, and administrative
43penalties. The department may enter and inspect an enclosed ice
44skating rink at reasonable hours to determine compliance with
45applicable statutes or rules.
47The department may adopt rules to carry out the provisions of
48this section.
49     Section 2.  Subsection (1) of section 381.0061, Florida
50Statutes, is amended to read:
51     381.0061  Administrative fines.-
52     (1)  In addition to any administrative action authorized by
53chapter 120 or by other law, the department may impose a fine,
54which shall not exceed $500 for each violation, for a violation
55of s. 381.006(16), s. 381.006(19), s. 381.0065, s. 381.0066, s.
56381.0072, or part III of chapter 489, for a violation of any
57rule adopted under this chapter, or for a violation of any of
58the provisions of chapter 386. Notice of intent to impose such
59fine shall be given by the department to the alleged violator.
60Each day that a violation continues may constitute a separate
62     Section 3.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.