Florida Senate - 2014 SB 1614 By Senator Sobel 33-01328A-14 20141614__ 1 A bill to be entitled 2 An act relating to playground safety; providing a 3 short title; providing definitions; requiring new and 4 existing playgrounds open to the public to comply with 5 specified national safety standards and guidelines; 6 requiring inspections of playgrounds by certified 7 playground safety inspectors; requiring counties and 8 municipalities to post certain playground safety 9 information on their websites; authorizing counties 10 and municipalities to require permits and charge fees 11 for construction or renovation of certain playgrounds; 12 prohibiting use of state funds for construction or 13 retrofit of playgrounds unless the playground meets 14 certain safety requirements; prohibiting appropriation 15 of state funds after a specific date to operate, 16 maintain, or supervise playgrounds that do not meet 17 safety requirements; providing an effective date. 18 19 WHEREAS, the United States Consumer Product Safety 20 Commission estimates that every year more than 200,000 children 21 are injured severely enough on playgrounds to necessitate a trip 22 to a hospital, and 23 WHEREAS, the United States Consumer Product Safety 24 Commission also estimates that between five and fifteen children 25 die annually as a result of dangerous or defective playgrounds, 26 and 27 WHEREAS, according to the American Academy of Dermatology, 28 one in five Americans will develop some form of skin cancer 29 during their lives and so designing play structures to provide 30 or create shade opportunities is essential to protect children’s 31 skin from the sun, and 32 WHEREAS, other states have playground safety laws, but 33 there are currently no laws in Florida to prevent these 34 tragedies, and 35 WHEREAS, the Legislature intends for all playgrounds in the 36 state to be safe for children by requiring that playgrounds open 37 to the public comply with national playground safety standards 38 from ASTM International, formerly the American Society for 39 Testing and Materials, and with national safety guidelines from 40 the United States Consumer Product Safety Commission, NOW, 41 THEREFORE, 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. This act may be cited as the “Playground Safety 46 Act.” 47 Section 2. (1) DEFINITIONS.—As used in this section, the 48 term: 49 (a) “Certified playground safety inspector” means an 50 individual who successfully completes the program requirements 51 for certification as a playground safety inspector by the 52 National Recreation and Park Association. 53 (b) “Public playground owner” or “owner” means an entity 54 that provides a playground open to the public and includes a 55 subdivision, park, school, apartment complex, hotel, motel, 56 resort, campground, office, hospital, shopping center, child 57 care facility, homeowners’ association, or restaurant. The term 58 does not include a foster home, group home, or family day care 59 home. 60 (c) “Park” means all public and private property 61 specifically designated as being used for recreational purposes 62 where children regularly congregate. 63 (d) “Playground” means an indoor or outdoor area designated 64 for children that has one or more nonmechanized structures, 65 including swings, seesaws, stationary spring-mounted animal 66 features, rider-propelled merry-go-rounds, climbers, slides, and 67 surfacing material. The term does not include improved outdoor 68 or indoor areas intended for use as an athletic playing field or 69 court. 70 (e) “Public agency” means the state or a county, 71 municipality, special district, or other political subdivision 72 that builds or provides playgrounds open to the public. 73 (2) PLAYGROUND STANDARDS.— 74 (a) Effective July 1, 2015, all new playgrounds open to the 75 public that are built or installed by a public agency or a 76 public playground owner shall conform to the playground safety 77 standards set forth by ASTM International, formerly the American 78 Society for Testing and Materials, in standard specifications 79 F1292, F1487, F1918, and F2049 and the playground safety 80 guidelines set forth in the Public Playground Safety Handbook 81 No. 325 published by the United States Consumer Product Safety 82 Commission. 83 (b) A public agency or owner of a playground that is open 84 to the public on July 1, 2015, shall have a certified playground 85 safety inspector conduct an initial safety inspection no later 86 than July 1, 2016, for the purpose of aiding in compliance with 87 the safety standards and guidelines. A written inspection report 88 may serve as a reference for the public agency or public 89 playground owner for whom the report was written, but it is not 90 intended for any other use or purpose. 91 (c) Effective July 1, 2015, equipment or components of 92 existing playgrounds that are added, replaced, or modified shall 93 conform to the playground safety standards set forth by ASTM 94 International, formerly the American Society for Testing and 95 Materials, in standard specifications F1292, F1487, F1918, and 96 F2049, and the playground safety guidelines set forth in the 97 Public Playground Safety Handbook No. 325 published by the 98 United States Consumer Product Safety Commission. 99 (d) Effective July 1, 2020, all playgrounds built and 100 installed before July 1, 2015, must conform to the requirements 101 set forth in paragraph (a). 102 (e) Each playground open to the public must be inspected 103 every 5 years by a certified playground safety inspector using 104 the national safety standards and guidelines as provided in 105 paragraph (a). The inspection report may serve as a reference 106 for the public agency for whom the report was written, but is 107 not intended for any other use or purpose. 108 (f) By December 1, 2014, each county and municipality must 109 provide on its website that provides building permits and 110 applications, a link to the standards and guidelines for 111 playground safety as provided in this section. 112 (3) FUNDING.— 113 (a) Each county or municipality may require a building 114 permit from each public playground owner that constructs a new 115 playground or provides a major modification, addition, or 116 replacement of an existing playground. The county or 117 municipality may charge a fee for such permit. 118 (b) A public agency may not use state funds for the 119 planning, development, or redevelopment costs of a playground 120 open to the public unless such playground, when constructed or 121 installed, complies with the playground safety requirements of 122 this section. A public agency that has received but not yet 123 expended a state allocation for a playground project shall 124 retrofit the design of the project to comply with this section 125 before receiving the funding, unless doing so would 126 significantly increase the project costs. 127 (c) After the date that a public agency is required to meet 128 the playground safety standards set forth in subsection (2), a 129 public agency may not use state funds to operate, maintain, or 130 supervise a playground open to the public unless the playground 131 meets the playground safety standards set forth in this section. 132 Section 3. This act shall take effect January 1, 2015.