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.