Florida Senate - 2019                                    SB 1664
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01709-19                                           20191664__
    1                        A bill to be entitled                      
    2         An act relating to sensory deprivation tanks; amending
    3         s. 514.011, F.S.; excluding sensory deprivation tanks
    4         used for flotation therapy from the definition of the
    5         term “public swimming pool” or “public pool”; amending
    6         s. 514.0115, F.S.; exempting sensory deprivation tanks
    7         from regulation by the Department of Health as a
    8         public pool; amending s. 553.77, F.S.; conforming a
    9         cross-reference; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (2) of section 514.011, Florida
   14  Statutes, is amended to read:
   15         514.011 Definitions.—As used in this chapter:
   16         (2) “Public swimming pool” or “public pool” means a
   17  watertight structure of concrete, masonry, or other approved
   18  materials which is located either indoors or outdoors, used for
   19  bathing or swimming by humans, and filled with a filtered and
   20  disinfected water supply, together with buildings,
   21  appurtenances, and equipment used in connection therewith. A
   22  public swimming pool or public pool shall mean a conventional
   23  pool, spa-type pool, wading pool, special purpose pool, or water
   24  recreation attraction, to which admission may be gained with or
   25  without payment of a fee and includes, but is not limited to,
   26  pools operated by or serving camps, churches, cities, counties,
   27  day care centers, group home facilities for eight or more
   28  clients, health spas, institutions, parks, state agencies,
   29  schools, subdivisions, or the cooperative living-type projects
   30  of five or more living units, such as apartments,
   31  boardinghouses, hotels, mobile home parks, motels, recreational
   32  vehicle parks, and townhouses. The term does not include a
   33  sensory deprivation tank used exclusively for flotation therapy.
   34         Section 2. Present subsection (7) of section 514.0115,
   35  Florida Statutes, is renumbered as subsection (8), and a new
   36  subsection (7) is added to that section, to read:
   37         514.0115 Exemptions from supervision or regulation;
   38  variances.—
   39         (7) A sensory deprivation tank used exclusively for
   40  flotation therapy may not be regulated as a public pool.
   41         Section 3. Subsection (7) of section 553.77, Florida
   42  Statutes, is amended to read:
   43         553.77 Specific powers of the commission.—
   44         (7) Building officials shall recognize and enforce variance
   45  orders issued by the Department of Health pursuant to s.
   46  514.0115(8) s. 514.0115(7), including any conditions attached to
   47  the granting of the variance.
   48         Section 4. This act shall take effect July 1, 2019.