Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 772
       
       
       
       
       
       
                                Ì543040fÎ543040                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/11/2020           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Health Policy (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 33
    4  insert:
    5         Section 1. Present subsection (7) of section 514.0115,
    6  Florida Statutes, is redesignated as subsection (8), and a new
    7  subsection (7) is added to that section, to read:
    8         514.0115 Exemptions from supervision or regulation;
    9  variances.—
   10         (7) A surf pool that is larger than 4 acres is exempt from
   11  supervision under this chapter, provided that it is permitted by
   12  a local government pursuant to a special use permit process in
   13  which the local government asserts regulatory authority over the
   14  construction of the surf pool and, in consultation with the
   15  department, establishes through the local government’s special
   16  use permitting process the conditions for the surf pool’s
   17  operation, water quality, and necessary lifesaving equipment.
   18  This subsection does not affect the department’s or a county
   19  health department’s right of entry pursuant to s. 514.04 or its
   20  authority to seek an injunction pursuant to s. 514.06 to
   21  restrain the operation of a surf pool permitted and operated
   22  under this subsection if it presents significant risks to public
   23  health. For the purposes of this subsection, the term “surf
   24  pool” means a pool designed to generate waves dedicated to the
   25  activity of surfing on a surfboard or an analogous surfing
   26  device commonly used in the ocean and intended for sport, as
   27  opposed to general play intent for wave pools, other large-scale
   28  public swimming pools, or other public bathing places.
   29         Section 2. Subsection (7) of section 553.77, Florida
   30  Statutes, is amended to read:
   31         553.77 Specific powers of the commission.—
   32         (7) Building officials shall recognize and enforce variance
   33  orders issued by the Department of Health pursuant to s.
   34  514.0115(8) s. 514.0115(7), including any conditions attached to
   35  the granting of the variance.
   36  
   37  ================= T I T L E  A M E N D M E N T ================
   38  And the title is amended as follows:
   39         Delete line 2
   40  and insert:
   41         An act relating to the Department of Health’s
   42         regulation of recreational activities; amending s.
   43         514.0115, F.S.; providing that certain surf pools are
   44         exempt from supervision for certain provisions under
   45         certain circumstances; providing construction;
   46         defining the term “surf pool”; amending s. 553.77,
   47         F.S.; conforming a cross-reference;