1 | A bill to be entitled |
2 | An act relating to ice skating rinks; amending s. 381.006, |
3 | F.S.; requiring the Department of Health to include in its |
4 | environmental health program the testing of the air in |
5 | enclosed ice skating rinks; authorizing the department to |
6 | adopt rules relating to air quality standards, monitoring, |
7 | testing, recordkeeping, the maintenance and operation of |
8 | equipment that affects air quality, assessment of fees, |
9 | enforcement, and penalties; authorizing the department to |
10 | enter and inspect an enclosed ice skating rink at |
11 | reasonable hours to determine compliance with applicable |
12 | air quality statutes or rules; amending s. 381.0061, F.S.; |
13 | authorizing the department to impose a fine, which may not |
14 | exceed a specified amount, for a violation of air quality |
15 | standards for enclosed ice skating rinks; providing an |
16 | effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
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20 | Section 1. Subsection (19) is added to section 381.006, |
21 | Florida Statutes, to read: |
22 | 381.006 Environmental health.-The department shall conduct |
23 | an environmental health program as part of fulfilling the |
24 | state's public health mission. The purpose of this program is to |
25 | detect and prevent disease caused by natural and manmade factors |
26 | in the environment. The environmental health program shall |
27 | include, but not be limited to: |
28 | (19) A function related to air quality inside an enclosed |
29 | ice skating rink to protect the health and safety of visitors |
30 | and employees of the enclosed ice skating rink from dangers |
31 | associated with oxides of nitrogen (NOX), hydrocarbons (CXHX), |
32 | carbon monoxide (CO), carbon dioxide (CO2), and other harmful |
33 | gasses, vapors, or particles as identified by the department |
34 | which change the air quality due to the operation of the ice |
35 | rink. The department may adopt rules that include definitions; |
36 | air quality standards and requirements for monitoring, testing, |
37 | and recordkeeping; maintenance and operation requirements for |
38 | equipment that affects air quality; requirements for ventilation |
39 | of the facility; the required response activities if an operator |
40 | violates air quality standards; the assessment of fees, which |
41 | may not exceed the actual costs of administration; and |
42 | requirements for enforcement, citations, and administrative |
43 | penalties. The department may enter and inspect an enclosed ice |
44 | skating rink at reasonable hours to determine compliance with |
45 | applicable statutes or rules. |
46 |
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47 | The department may adopt rules to carry out the provisions of |
48 | this section. |
49 | Section 2. Subsection (1) of section 381.0061, Florida |
50 | Statutes, is amended to read: |
51 | 381.0061 Administrative fines.- |
52 | (1) In addition to any administrative action authorized by |
53 | chapter 120 or by other law, the department may impose a fine, |
54 | which shall not exceed $500 for each violation, for a violation |
55 | of s. 381.006(16), s. 381.006(19), s. 381.0065, s. 381.0066, s. |
56 | 381.0072, or part III of chapter 489, for a violation of any |
57 | rule adopted under this chapter, or for a violation of any of |
58 | the provisions of chapter 386. Notice of intent to impose such |
59 | fine shall be given by the department to the alleged violator. |
60 | Each day that a violation continues may constitute a separate |
61 | violation. |
62 | Section 3. This act shall take effect July 1, 2011. |