THE BILL ITSELF
SB 1200
Regulation of Public Swimming Pools and Bathing Places
Florida Senate - 2026 SB 1200 By Senator Massullo 11-00839-26 20261200__
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A bill to be entitled
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An act relating to regulation of public swimming pools
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and bathing places; amending s. 514.0115, F.S.;
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providing that, notwithstanding an exemption from
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supervision or regulation, certain pools are subject
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to annual inspections by the Department of Health to
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ensure compliance with specified standards; providing
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the Public Swimming Pool and Spa Technical Committee
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with the sole authority to review and approve certain
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variances; amending s. 514.021, F.S.; requiring the
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committee, rather than the department, to adopt
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certain rules for the operation of public swimming
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pools and public bathing places; making conforming
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changes; deleting a requirement that the department
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provide technical assistance to the Florida Building
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Commission in updating certain construction standards;
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amending s. 514.025, F.S.; requiring certain
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department and county health department employees to
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obtain the Florida Public Pool Specialist
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Certification within a specified timeframe; requiring
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that such certification be renewed every 5 years and
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maintained as long as the employees are assigned to
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specified duties; providing that the department or the
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county health department, as applicable, bears the
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cost of such employee certifications; amending s.
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514.028, F.S.; deleting a certain advisory review
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board and replacing it with the Public Swimming Pool
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and Spa Technical Committee; providing for meetings
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and membership of the committee; requiring the
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committee to hold public workshops for the development
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of certain rules; providing notice requirements for
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such workshops; providing purposes of the committee;
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providing for reimbursement of travel expenses for
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committee members; amending s. 514.03, F.S.;
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conforming a cross-reference; prohibiting the
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department and county health departments from
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requiring engineered plans for or re-engineering of
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swimming pools, spa pools, wading pools, or
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interactive water features to be submitted for
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equipment replacements if certain conditions are met;
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providing that pool/spa contractors performing the
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equipment replacement are responsible for making
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certain certifications; amending s. 514.031, F.S.;
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revising application requirements for public swimming
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pool operating permits; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (2), (3), and (9) of section
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514.0115, Florida Statutes, are amended to read:
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514.0115 Exemptions from supervision or regulation;
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variances.—
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(2)(a) Pools serving no more than 32 condominium or
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cooperative units which are not operated as a public lodging
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establishment are shall be exempt from supervision under this
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chapter, except for supervision necessary to ensure water
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quality and an annual inspection to ensure compliance with
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sanitary and entrapment standards, including, but not limited
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to, all of the following standards:
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1. Pools must comply with the federal Virginia Graeme Baker
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Pool and Spa Safety Act.
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2. Pools must be operated at the designed flow rate.
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3. A pool’s filtration system must have capacity equal to
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or greater than the originally designed filter capacity, use the
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same filter media as originally designed, and be operated as
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originally designed, either as suction or pressure .
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(b) Pools serving condominium or cooperative associations
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of more than 32 units and whose recorded documents prohibit the
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rental or sublease of the units for periods of less than 60 days
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are exempt from supervision under this chapter, except that the
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condominium or cooperative owner or association must file
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applications with the department and obtain construction plans
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approval and receive an initial operating permit. The department
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shall inspect the swimming pools at such places annually, at the
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fee set forth in s. 514.033(3), or upon request by a unit owner,
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to determine compliance with department rules relating to water
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quality and lifesaving equipment , compliance with the federal
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Virginia Graeme Baker Pool and Spa Safety Act, and whether the
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pool is being operated at the designed and permitted flow rate
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and its filtration system is in place and being operated as
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originally engineered and permitted . The department may not
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require compliance with rules relating to swimming pool
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lifeguard standards.
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(3) Pools serving homeowners’ associations and other
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property associations which have no more than 32 units or
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parcels and are not operated as public lodging establishments
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are exempt from supervision under this chapter, except that such
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pools are subject to ss. 514.05 and 514.06 and for supervision
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necessary to ensure water quality and compliance with s.
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514.0315 , and sanitary and entrapment standards. The department
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shall inspect swimming pools at such places annually to ensure
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compliance with the sanitary and entrapment standards,
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including, but not limited to, all of the following standards:
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(a) Pools must comply with the federal Virginia Graeme
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Baker Pool and Spa Safety Act.
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(b) Pools must be operated at the designed flow rate.
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(c) A pool’s filtration system must have capacity equal to
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or greater than the originally designed filter capacity, use the
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same filter media as originally designed, and be operated as
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originally designed, either as suction or pressure are subject
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to ss. 514.05 and 514.06 .
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(9) The department may grant variances from any rule
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adopted under this chapter pursuant to procedures adopted by
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department rule. The department may also grant, pursuant to
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procedures adopted by department rule, variances from the
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provisions of the Florida Building Code specifically pertaining
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to public swimming pools and bathing places when requested by
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the pool owner or the pool owner’s representative to relieve
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hardship in cases involving deviations from the Florida Building
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Code provisions, when it is shown that the hardship was not
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caused intentionally by the action of the applicant, where no
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reasonable alternative exists, and the health and safety of the
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pool patrons is not at risk. The Public Swimming Pool and Spa
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Technical Committee established under s. 514.028 has the sole
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authority within the department to review and approve variances
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under this section.
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Section 2. Section 514.021, Florida Statutes, is amended to
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read:
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514.021 Department authorization.—
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(1) The Public Swimming Pool and Spa Technical Committee
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established under s. 514.028 shall adopt and the department
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shall may adopt and enforce rules for the operation of public
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swimming pools and public bathing places, including to protect
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the health, safety, or welfare of persons by setting sanitation
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and safety standards for public swimming pools and public
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bathing places. The department shall review and revise such
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rules as necessary, but not less than biennially . Sanitation and
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safety standards are shall be limited to matters relating to
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source of water supply; microbiological, chemical, and physical
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quality of water in the pool or bathing area; and method of
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water purification, treatment, and disinfection; lifesaving
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apparatus ; and measures to ensure safety of bathers .
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(2) The Public Swimming Pool and Spa Technical Committee or
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the department may not establish by rule any regulation
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governing the design, alteration, modification, or repair of
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public swimming pools and bathing places which has no impact on
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sanitation and safety of persons using public swimming pools and
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bathing places . Further, the committee or the department may not
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adopt by rule any regulation governing the construction,
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erection, or demolition of public swimming pools and bathing
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places. It is the intent of the Legislature to preempt those
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functions to the Florida Building Commission through adoption
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and maintenance of the Florida Building Code. The department
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shall provide technical assistance to the commission in updating
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the construction standards of the Florida Building Code which
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govern public swimming pools. This subsection does not abrogate
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the authority of the committee to adopt and the department to
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adopt and enforce appropriate sanitary regulations and
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requirements as authorized in subsection (1).
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Section 3. Subsection (4) is added to section 514.025,
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Florida Statutes, to read:
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514.025 Assignment of authority to county health
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departments.—
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(4) Department and county health department employees
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assigned to the inspection and regulation of public swimming
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pools, spas, or bathing facilities must, within 60 days after
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employment or assignment to the inspection and regulation of
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public swimming pools, spas, or bathing facilities, obtain the
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Florida Public Pool Specialist Certification developed by the
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Florida Swimming Pool Association and approved by the
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department. The certification must be renewed every 5 years, and
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employees must maintain this certification for as long as they
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are assigned to the inspection and regulation of public swimming
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pools, spas, or bathing facilities. The department or county
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health department, as applicable, shall bear the cost of
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certification, including certification renewals, of employees
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under this subsection.
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Section 4. Section 514.028, Florida Statutes, is amended to
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read:
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514.028 Public Swimming Pool and Spa Technical Committee
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Advisory review board .—
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(1) The Governor shall appoint the Public Swimming Pool and
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Spa Technical Committee, an advisory review board which shall
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meet as necessary and or at least bimonthly quarterly , to review
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and act on variance applications under s. 514.0115 recommend
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agency action on variance request, rule and policy development,
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and other technical review problems . The board shall be composed
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comprised of:
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(a) Three commercial swimming pool/spa contractors A
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representative from the office of licensure and certification of
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the department .
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(b) Two swimming pool/spa servicing contractors A
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representative from the county health departments .
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(c) Two professional engineers, licensed and practicing in
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this state Three representatives from the swimming pool
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construction industry .
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(d) Two representatives A representative from the public
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lodging industry.
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(e) A representative from a county or local building
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department.
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(2) Notwithstanding s. 120.54, the committee shall hold a
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public workshop to develop each rule proposed under s. 514.021
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and provide a notice of rule development at least 45 days before
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the date on which the workshop is scheduled to be held. In
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addition, each notice of proposed rule must be published in the
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Florida Administrative Register at least 45 days before the
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intended action The purpose of the advisory review board is to
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promote better relations, understanding, and cooperation between
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such industries and the department; to review and make
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recommendations regarding department product approval standards;
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to suggest means of better protecting the health, welfare, or
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safety of persons using the services offered by such industries;
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and to give the department the benefit of the knowledge and
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experience of the board concerning the industries and individual
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businesses affected by the laws and rules administered by the
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department .
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(3) The purpose of the committee is to:
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(a) Consider and adopt modifications to rules for the
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operation of public swimming pools and public bathing places
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pursuant to s. 514.021(1); and
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(b) Review and act on variance applications under s.
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514.0115.
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(4) Members shall be reimbursed for travel expenses
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incurred in connection with service on the committee advisory
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review board pursuant to s. 112.061.
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Section 5. Subsection (1) of section 514.03, Florida
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Statutes, is amended, and subsection(3) is added to that
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section, to read:
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514.03 Approval necessary to construct, develop, or modify
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public swimming pools or public bathing places.—
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(1) A person or public body desiring to construct, develop,
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or modify a public swimming pool must submit an application,
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containing the information required under s. 514.031(1)(a)1.-5.
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s. 514.031(1)(a)1.-6. to the department for an operating permit
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before filing an application for a building permit under s.
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553.79. A copy of the final inspection required under s.
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514.031(1)(a)5. shall be submitted to the department upon
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receipt by the applicant. The application shall be deemed
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incomplete pursuant to s. 120.60 until such copy is submitted to
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the department.
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(3) The department or county health department may not
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require engineered plans for or re-engineering of a swimming
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pool, a spa pool, a wading pool, or an interactive water feature
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to be submitted for equipment replacements if such replacement
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equipment meets the originally designed flow, filtration, and
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sanitation specifications, regardless of the equipment type,
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make, or model. The pool/spa contractor, as defined in s.
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489.105(3)(j), (k), or (l), performing the equipment replacement
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is responsible for certifying that the replacement meets the
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originally designed flow, filtration, and sanitation
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specifications of the swimming pool, spa pool, wading pool, or
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interactive water feature.
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Section 6. Subsection (1) of section 514.031, Florida
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Statutes, is amended to read:
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514.031 Permit necessary to operate public swimming pool.—
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(1) It is unlawful for any person or public body to operate
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or continue to operate any public swimming pool without a valid
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permit from the department, such permit to be obtained in the
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following manner:
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(a) Any person or public body desiring to operate any
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public swimming pool must shall file an application for an
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operating permit with the department, on application forms
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provided by the department, and must shall accompany such
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application with:
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1. A description of the structure, its appurtenances, and
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its operation.
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2. A description of the source or sources of water supply,
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and the amount and quality of water available and intended to be
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used.
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3. The method and manner of water purification, treatment,
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disinfection, and heating.
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4. The safety equipment and standards to be used.
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5. A copy of the final inspection from the local
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enforcement agency as defined in s. 553.71.
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6. Any other pertinent information deemed necessary by the
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department.
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(b) The applicant must shall respond to a request for
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additional information due to an incomplete application for an
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operating permit pursuant to s. 120.60. Upon receipt of an
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application, whether complete or incomplete, as required in s.
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514.03 and as set forth under this section, the department shall
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review and provide to the local enforcement agency and the
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applicant any comment or proposed modifications on the
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information received pursuant to subparagraphs (a)1.-5. (a)1.-6.
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(c) The department shall grant the application for permit,
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unless If the department determines by clear and convincing
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evidence that the public swimming pool will not is or may
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reasonably be expected to be operated in compliance with this
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chapter and the rules adopted hereunder , the department shall
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grant the application for permit .
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(d) If the department determines that the public swimming
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pool does not meet the provisions outlined in this chapter or
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the rules adopted hereunder, the department must shall deny the
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application for a permit pursuant to the provisions of chapter
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120. Such denial must shall be in writing and must shall list
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the circumstances for the denial. Upon correction of such
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circumstances, an applicant previously denied permission to
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operate a public swimming pool or bathing place may reapply for
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a permit.
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Section 7. This act shall take effect July 1, 2026.