Florida Senate - 2012 SB 1302 By Senator Fasano 11-00514-12 20121302__ 1 A bill to be entitled 2 An act relating to ice skating rinks; amending s. 3 381.006, F.S.; requiring the Department of Health to 4 include in its environmental health program the 5 testing of the air in enclosed ice skating rinks; 6 authorizing the department to adopt rules relating to 7 air quality standards, monitoring, testing, 8 recordkeeping, the maintenance and operation of 9 equipment that affects air quality, assessment of 10 fees, enforcement, and penalties; authorizing the 11 department to enter and inspect an enclosed ice 12 skating rink at reasonable hours to determine 13 compliance with applicable air quality statutes or 14 rules; amending s. 381.0061, F.S.; authorizing the 15 department to impose a fine, which may not exceed a 16 specified amount, for a violation of air quality 17 standards for enclosed ice skating rinks; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (19) is added to section 381.006, 23 Florida Statutes, to read: 24 381.006 Environmental health.—The department shall conduct 25 an environmental health program as part of fulfilling the 26 state’s public health mission. The purpose of this program is to 27 detect and prevent disease caused by natural and manmade factors 28 in the environment. The environmental health program shall 29 include, but not be limited to: 30 (19) A function related to air quality inside an enclosed 31 ice skating rink to protect the health and safety of visitors 32 and employees of the enclosed ice skating rink from dangers 33 associated with oxides of nitrogen (NOX), hydrocarbons (CXHX), 34 carbon monoxide (CO), carbon dioxide (CO2), and other harmful 35 gasses, vapors, or particles as identified by the department 36 which change the air quality due to the operation of the ice 37 rink. The department may adopt rules that include definitions; 38 air quality standards and requirements for monitoring, testing, 39 and recordkeeping; maintenance and operation requirements for 40 equipment that affects air quality; requirements for ventilation 41 of the facility; the required response activities if an operator 42 violates air quality standards; the assessment of fees, which 43 may not exceed the actual costs of administration; and 44 requirements for enforcement, citations, and administrative 45 penalties. The department may enter and inspect an enclosed ice 46 skating rink at reasonable hours to determine compliance with 47 applicable statutes or rules. 48 49 The department may adopt rules to carry out the provisions of 50 this section. 51 Section 2. Subsection (1) of section 381.0061, Florida 52 Statutes, is amended to read: 53 381.0061 Administrative fines.— 54 (1) In addition to any administrative action authorized by 55 chapter 120 or by other law, the department may impose a fine, 56 which shall not exceed $500 for each violation, for a violation 57 of s. 381.006(16), s. 381.006(19), s. 381.0065, s. 381.0066, s. 58 381.0072, or part III of chapter 489, for a violation of any 59 rule adopted under this chapter, or for a violation of any of 60 the provisions of chapter 386. Notice of intent to impose such 61 fine shall be given by the department to the alleged violator. 62 Each day that a violation continues may constitute a separate 63 violation. 64 Section 3. This act shall take effect July 1, 2012.