SB 772 — Department of Health’s Regulation of Recreational Activities

Florida Senate - 2020 CS for CS for SB 772 By the CommitteesCommittee on HealthCommunity Policy;Affairs;

and CommunitySenators Affairs;Hutson, Perry, and Flores 578-02685-20 2020772c1 A bill to be entitled An act relating to recreational vehicle parks;

and Senators Hutson, Perry, and Flores 588-03457-20 2020772c2 A bill to be entitled An act relating to the Department of Health’s regulation of recreational activities;

amending s.

514.0115, F.S.;

providing that certain surf pools are exempt from supervision under certain circumstances;

providing construction;

defining the term “surf pool”;

amending s.

553.77, F.S.;

conforming a cross-reference;

3731 Be It Enacted by the Legislature of the State of Florida:

3933 Section 1. Section 513.012, Florida Statutes, is amended to read:

715.10715.10. or under s.

705.185, as applicable.

Section 9. Present9. This subsectionact (7)shall oftake sectioneffect 514.0115,July Florida1, Statutes,2020. is redesignated as subsection (8), and a new subsection (7) is added to that section, to read:

514.0115 Exemptions from supervision or regulation;

variances.— (7) A surf pool that is larger than 4 acres is exempt from supervision under this chapter, provided that it is permitted by a local government pursuant to a special use permit process in which the local government asserts regulatory authority over the construction of the surf pool and, in consultation with the department, establishes through the local government’s special use permitting process the conditions for the surf pool’s operation, water quality, and necessary lifesaving equipment.

This subsection does not affect the department’s or a county health department’s right of entry pursuant to s.

514.04 or its authority to seek an injunction pursuant to s.

514.06 to restrain the operation of a surf pool permitted and operated under this subsection if it presents significant risks to public health.

For the purposes of this subsection, the term “surf pool” means a pool designed to generate waves dedicated to the activity of surfing on a surfboard or an analogous surfing device commonly used in the ocean and intended for sport, as opposed to general play intent for wave pools, other large-scale public swimming pools, or other public bathing places.

Section 10. Subsection (7) of section 553.77, Florida Statutes, is amended to read:

553.77 Specific powers of the commission.— (7) Building officials shall recognize and enforce variance orders issued by the Department of Health pursuant to s.

514.0115(8) s.

514.0115(7), including any conditions attached to the granting of the variance.

Section 11. This act shall take effect July 1, 2020.