THE BILL ITSELF
HB 633
Public Swimming and Bathing Places
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A bill to be entitled
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An act relating to public swimming and bathing places;
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amending s. 514.0115, F.S.; requiring certain pools to
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have a yearly inspection to confirm certain standards
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are being met; authorizing the Public Swimming Pool
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and Spa Technical Committee to review and grant rule
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variances; amending s. 514.021, F.S.; requiring the
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Public Swimming Pool and Spa Technical Committee to
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adopt certain rules; removing a provision that such
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rules be reviewed and revised biennially; revising the
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sanitation and safety standards for public swimming
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pools and bathing places; prohibiting the committee
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from establishing by rule certain regulations;
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removing a provision requiring the Department of
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Health to provide technical assistance to the Florida
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Building Commission; requiring certain employees of
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the department to obtain, maintain, and renew a
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Florida Public Pool Specialist Certification;
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providing that the department is responsible for the
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cost of such certification; amending s. 514.025, F.S.;
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requiring certain employees of county health
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departments to obtain, maintain, and renew a Florida
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Public Pool Specialist Certification; providing that
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the county health department is responsible for the
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cost of such certification; amending s. 514.028, F.S.;
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creating the Public Swimming Pool and Spa Technical
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Committee within the Department of Health, rather than
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an advisory review board; requiring the Governor to
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appoint members to the committee; requiring the
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committee to meet on a certain schedule; revising the
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membership and purpose of the committee; requiring the
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committee to hold public workshops under certain
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circumstances; requiring specified notice be published
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in the Florida Administrative Register a specified
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timeframe before such workshop; amending s. 514.03,
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F.S.; requiring, rather than authorizing, local
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governments and local enforcement districts to
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determine compliance with certain standards;
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prohibiting the department, local governments, and
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local enforcement districts from requiring that
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certain plans be submitted to replace certain
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equipment if a specified condition is met; requiring
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specified contractors to certify that replacement
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equipment meets certain specifications; amending s.
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514.031, F.S.; revising the information that must be
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submitted with a permit application to operate a
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public swimming pool; requiring the department to
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grant such permit application unless there is clear
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and convincing evidence that the public swimming pool
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will not operate in compliance with specified laws and
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rules; requiring the department to provide specified
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information to an applicant if the department denies a
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permit application; 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 maintaining compliance with department rules
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relating to water quality and a yearly inspection to confirm
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that sanitary and entrapment standards are being met, including
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all of the following:
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1. The pool is compliant with the federal Virginia Graeme
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Baker Pool and Spa Safety Act, 15 U.S.C. ss. 8001 et seq.
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2. The pool is being operated at the designed and
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permitted flow rate.
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3. The pool filtration system capacity is equal to or
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greater than originally designed, is using the same filter media
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as originally designed, and is being operated as originally
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designed, whether 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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must shall inspect the swimming pools at such condominium or
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cooperative associations places annually, at the fee set forth
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in s. 514.033(3), or upon request by a unit owner, to determine
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all of the following:
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1. Compliance with department rules relating to water
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quality and lifesaving equipment.
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2. Compliance with the federal Virginia Graeme Baker Pool
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and Spa Safety Act, 15 U.S.C. ss. 8001 et seq.
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3. That the pool is being operated at the designed and
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permitted flow rate.
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4. That the pool filtration system is in place and being
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operated as originally engineered and permitted.
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The department may not require compliance with rules relating to
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swimming pool 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 for the
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following:
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(a) Supervision necessary to ensure water quality and
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compliance with s. 514.0315.
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(b) A yearly inspection to confirm sanitary and entrapment
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standards are being met, including all of the following:
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1. The pool is compliant with the federal Virginia Graeme
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Baker Pool and Spa Safety Act, 15 U.S.C. ss. 8001 et seq.
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2. The pool is being operated at the designed and
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permitted flow rate.
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3. The pool filtration system capacity is equal to or
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greater than originally designed, is using the same filter media
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as originally designed, and is being operated as originally
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designed, whether as suction or pressure.
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(c) Such pools, and are subject to ss. 514.05 and 514.06.
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(9) The Public Swimming Pool and Spa Technical Committee
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established under s. 514.028 department may grant variances from
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any department rule adopted under this chapter pursuant to
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procedures adopted by department rule. The committee department
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may also grant, pursuant to procedures adopted by department
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rule, variances from the provisions of the Florida Building Code
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specifically pertaining to public swimming pools and bathing
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places when requested by the pool owner or the pool owner's
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representative to relieve hardship in cases involving deviations
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from the Florida Building Code provisions, when it is shown that
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the hardship was not caused intentionally by the action of the
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applicant, where no reasonable alternative exists, and the
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health and safety of the pool patrons is not at risk. The
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committee has sole authority 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
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to read:
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514.021 Department and Public Swimming Pool and Spa
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Technical Committee authorization; certification.—
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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 bathing places to protect the health, safety,
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or welfare of persons by setting sanitation and safety standards
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for such public swimming pools and public bathing places. The
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department shall review and revise such rules as necessary, but
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not less than biennially. Sanitation and safety standards must
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shall be limited to matters relating to source of water supply;
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microbiological, chemical, and physical quality of water in the
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pool or bathing area; and method of water purification,
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treatment, and disinfection; lifesaving apparatus; and measures
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to ensure safety of bathers.
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(2) The department or committee may not establish by rule
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any regulation governing the design, construction, erection,
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alteration, renovation, modification, or repair, or demolition
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of public swimming pools and bathing places which has no impact
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on sanitation and safety of persons using public swimming pools
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and bathing places. Further, the department may not adopt by
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rule any regulation governing the construction, erection, or
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demolition of public swimming pools and bathing places. It is
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the intent of the Legislature to preempt those functions to the
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Florida Building Commission through adoption and maintenance of
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the Florida Building Code. The department shall provide
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technical assistance to the commission in updating the
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construction standards of the Florida Building Code which govern
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public swimming pools. This subsection does not abrogate the
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authority of the department to adopt and enforce appropriate
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sanitary regulations and requirements as authorized in
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subsection (1).
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(3)(a) An employee of the department responsible for the
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inspection and regulation of public swimming pools or bathing
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places must do all of the following:
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1. Obtain the Florida Public Pool Specialist Certification
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within 60 days after he or she is hired or assigned to the
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inspection and regulation of such pools or bathing places.
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2. Maintain such certification for the duration of his or
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her employment or assignment to inspect and regulate public
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swimming pools or bathing places.
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3. Renew his or her certification every 5 years.
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(b) The department is responsible for the cost of
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certifying its employees and renewing such certification under
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this subsection.
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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)(a) An employee of a county health department
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responsible for the inspection and regulation of public swimming
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pools or bathing places must do all of the following:
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1. Obtain the Florida Public Pool Specialist Certification
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within 60 days after he or she is hired or assigned to the
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inspection and regulation of such pools or bathing places.
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2. Maintain such certification for the duration of his or
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her employment or assignment to inspect and regulate public
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swimming pools or bathing places.
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3. Renew his or her certification every 5 years.
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(b) The county health department is responsible for the
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cost of certifying its employees and renewing such certification
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under this subsection.
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Section 4. Section 514.028, Florida Statutes, is amended
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to 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 Public Swimming Pool and Spa Technical Committee
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is created with the department.
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(2)(1) The Governor shall appoint members to the Public
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Swimming Pool and Spa Technical Committee, an advisory review
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board which must shall meet as necessary or at least bi-monthly,
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but may meet more frequently, if necessary, to review and act on
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variance applications pursuant to s. 514.0115 quarterly, to
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recommend agency action on variance request, rule and policy
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development, and other technical review problems. The committee
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must board shall be comprised of:
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(a) Three licensed commercial pool and spa contractors as
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defined in s. 489.105(3)(j) A representative from the office of
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licensure and certification of the department.
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(b) Two licensed swimming pool and spa servicing
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contractors as defined in s. 489.105(3)(l) A representative from
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the county health departments.
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(c) Two professional engineers licensed under chapter 471
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and practicing in this state Three representatives from the
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swimming pool 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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(3)(2) The purpose of the committee advisory review board
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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).
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(b) Review and act on variance applications pursuant to s.
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514.0115.
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(4) Notwithstanding s. 120.54, the committee must hold a
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public workshop for the development or modification of each rule
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proposed under s. 514.021. Notice of the public workshop and
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proposed rule must be published in the Florida Administrative
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Register at least 45 days before the date on which the workshop
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is scheduled promote better relations, understanding, and
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cooperation between such industries and the department; to
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review and make recommendations regarding department product
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approval standards; to suggest means of better protecting the
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health, welfare, or safety of persons using the services offered
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by such industries; and to give the department the benefit of
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the knowledge and experience of the board concerning the
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industries and individual businesses affected by the laws and
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rules administered by the department.
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(5)(3) Members shall be reimbursed under s. 112.061 for
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travel expenses incurred in connection with service on the
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Public Swimming Pool and Spa Technical Committee advisory review
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board pursuant to s. 112.061.
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Section 5. Section 514.03, Florida Statutes, is amended to
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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,
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develop, or modify a public swimming pool must submit an
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application, containing the information required under s.
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514.031(1)(a) s. 514.031(1)(a)1.-6. to the department for an
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operating permit before filing an application for a building
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permit under s. 553.79. A copy of the final inspection required
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under s. 514.031(1)(a)5. must shall be submitted to the
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department upon receipt by the applicant. The application is
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shall be deemed incomplete under pursuant to s. 120.60 until
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such copy is submitted to the department.
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(2) Local governments or local enforcement districts shall
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may determine compliance with the general construction standards
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of the Florida Building Code, pursuant to s. 553.80. Local
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governments or local enforcement districts may conduct plan
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reviews and inspections of public swimming pools and public
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bathing places for this purpose.
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(3)(a) The department, local governments, and local
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enforcement districts may not require the submission of
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engineering or reengineering plans in order to replace equipment
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of a pool, a spa pool, a wading pool, or an interactive water
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feature as long as the replacement equipment meets the flow,
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filtration, and sanitation specifications as originally
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designed, regardless of the type, make, or model of the
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replacement equipment.
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(b) The licensed commercial pool or spa contractor or
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licensed swimming pool or spa servicing contractor, as those
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terms are defined in s. 489.105(3)(j) and (l), performing the
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equipment replacement is responsible for certifying that the
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replacement equipment meets the flow, filtration, and sanitation
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specifications as originally designed.
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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
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operate or continue to operate any public swimming pool without
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a valid permit from the department, such permit to be obtained
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in the following manner:
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(a) Any person or public body desiring to operate any
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public swimming pool shall file an application for an operating
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permit with the department, on application forms provided by the
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department, and shall accompany such 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 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 must 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, by clear and convincing
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evidence, that the public swimming pool does not meet the
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provisions outlined in this chapter or the rules adopted
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hereunder, the department must shall deny the application for a
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permit pursuant to the provisions of chapter 120. Such denial
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must shall be in writing and shall list the circumstances for
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the denial, including the specific provisions of this chapter or
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the rules adopted hereunder that are the basis for such denial.
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Upon correction of such circumstances, an applicant previously
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denied permission to operate a public swimming pool or bathing
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place may reapply for a permit.
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Section 7. This act shall take effect July 1, 2026.