S 1200

Florida Senate - 2026  SB 1200
By Senator Massullo
11-00839-26  20261200__
1A bill to be entitled
2An act relating to regulation of public swimming pools
3and bathing places; amending s. 514.0115, F.S.;
4providing that, notwithstanding an exemption from
5supervision or regulation, certain pools are subject
6to annual inspections by the Department of Health to
7ensure compliance with specified standards; providing
8the Public Swimming Pool and Spa Technical Committee
9with the sole authority to review and approve certain
10variances; amending s. 514.021, F.S.; requiring the
11committee, rather than the department, to adopt
12certain rules for the operation of public swimming
13pools and public bathing places; making conforming
14changes; deleting a requirement that the department
15provide technical assistance to the Florida Building
16Commission in updating certain construction standards;
17amending s. 514.025, F.S.; requiring certain
18department and county health department employees to
19obtain the Florida Public Pool Specialist
20Certification within a specified timeframe; requiring
21that such certification be renewed every 5 years and
22maintained as long as the employees are assigned to
23specified duties; providing that the department or the
24county health department, as applicable, bears the
25cost of such employee certifications; amending s.
26514.028, F.S.; deleting a certain advisory review
27board and replacing it with the Public Swimming Pool
28and Spa Technical Committee; providing for meetings
29and membership of the committee; requiring the
30committee to hold public workshops for the development
31of certain rules; providing notice requirements for
32such workshops; providing purposes of the committee;
33providing for reimbursement of travel expenses for
34committee members; amending s. 514.03, F.S.;
35conforming a cross-reference; prohibiting the
36department and county health departments from
37requiring engineered plans for or re-engineering of
38swimming pools, spa pools, wading pools, or
39interactive water features to be submitted for
40equipment replacements if certain conditions are met;
41providing that pool/spa contractors performing the
42equipment replacement are responsible for making
43certain certifications; amending s. 514.031, F.S.;
44revising application requirements for public swimming
45pool operating permits; providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49Section 1. Subsections (2), (3), and (9) of section
50514.0115, Florida Statutes, are amended to read:
51514.0115 Exemptions from supervision or regulation;
52variances.—
53(2)(a) Pools serving no more than 32 condominium or
54cooperative units which are not operated as a public lodging
55establishment are [shall be] exempt from supervision under this
56chapter, except for supervision necessary to ensure water
57quality and an annual inspection to ensure compliance with
58sanitary and entrapment standards, including, but not limited
59to, all of the following standards:
601.Pools must comply with the federal Virginia Graeme Baker
61Pool and Spa Safety Act.
622.Pools must be operated at the designed flow rate.
633.A pool’s filtration system must have capacity equal to
64or greater than the originally designed filter capacity, use the
65same filter media as originally designed, and be operated as
66originally designed, either as suction or pressure.
67(b) Pools serving condominium or cooperative associations
68of more than 32 units and whose recorded documents prohibit the
69rental or sublease of the units for periods of less than 60 days
70are exempt from supervision under this chapter, except that the
71condominium or cooperative owner or association must file
72applications with the department and obtain construction plans
73approval and receive an initial operating permit. The department
74shall inspect the swimming pools at such places annually, at the
75fee set forth in s. 514.033(3), or upon request by a unit owner,
76to determine compliance with department rules relating to water
77quality and lifesaving equipment, compliance with the federal
78Virginia Graeme Baker Pool and Spa Safety Act, and whether the
79pool is being operated at the designed and permitted flow rate
80and its filtration system is in place and being operated as
81originally engineered and permitted. The department may not
82require compliance with rules relating to swimming pool
83lifeguard standards.
84(3) Pools serving homeowners’ associations and other
85property associations which have no more than 32 units or
86parcels and are not operated as public lodging establishments
87are exempt from supervision under this chapter, except that such
88pools are subject to ss. 514.05 and 514.06 and [for] supervision
89necessary to ensure water quality and compliance with s.
90514.0315[,] and sanitary and entrapment standards.The department
91shall inspect swimming pools at such places annually to ensure
92compliance with the sanitary and entrapment standards,
93including, but not limited to, all of the following standards:
94(a)Pools must comply with the federal Virginia Graeme
95Baker Pool and Spa Safety Act.
96(b)Pools must be operated at the designed flow rate.
97(c)A pool’s filtration system must have capacity equal to
98or greater than the originally designed filter capacity, use the
99same filter media as originally designed, and be operated as
100originally designed, either as suction or pressure [are subject]
101[to ss. 514.05 and 514.06].
102(9) The department may grant variances from any rule
103adopted under this chapter pursuant to procedures adopted by
104department rule. The department may also grant, pursuant to
105procedures adopted by department rule, variances from the
106provisions of the Florida Building Code specifically pertaining
107to public swimming pools and bathing places when requested by
108the pool owner or the pool owner’s representative to relieve
109hardship in cases involving deviations from the Florida Building
110Code provisions, when it is shown that the hardship was not
111caused intentionally by the action of the applicant, where no
112reasonable alternative exists, and the health and safety of the
113pool patrons is not at risk. The Public Swimming Pool and Spa
114Technical Committee established under s. 514.028 has the sole
115authority within the department to review and approve variances
116under this section.
117Section 2. Section 514.021, Florida Statutes, is amended to
118read:
119514.021 Department authorization.—
120(1) The Public Swimming Pool and Spa Technical Committee
121established under s. 514.028 shall adopt and the department
122shall [may adopt][ and] enforce rules for the operation of public
123swimming pools and public bathing places, including [to protect]
124[the health, safety, or welfare of person][s by] setting sanitation
125and safety standards [for public swimming pools and public]
126[bathing places. The department shall review and revise such]
127[rules as necessary, but not less than bienniall][y]. Sanitation and
128safety standards are [shall be] limited to matters relating to
129source of water supply; microbiological, chemical, and physical
130quality of water in the pool or bathing area; and [method of]
131[water purification, treatment, and disinfection;] lifesaving
132apparatus[; and measures to ensure safety of bathers].
133(2) The Public Swimming Pool and Spa Technical Committee or
134the department may not establish by rule any regulation
135governing the design, alteration, modification, or repair of
136public swimming pools and bathing places [which has no impact on]
137[sanitation and safety of persons using public swimming pools and]
138[bathing places]. Further, the committee or the department may not
139adopt by rule any regulation governing the construction,
140erection, or demolition of public swimming pools and bathing
141places. It is the intent of the Legislature to preempt those
142functions to the Florida Building Commission through adoption
143and maintenance of the Florida Building Code. [The department]
144[shall provide technical assistance to the commission in updating]
145[the construction standards of the Florida Building Code which]
146[govern public swimming pools.] This subsection does not abrogate
147the authority of the committee to adopt and the department to
148[adopt and] enforce appropriate sanitary regulations and
149requirements as authorized in subsection (1).
150Section 3. Subsection (4) is added to section 514.025,
151Florida Statutes, to read:
152514.025 Assignment of authority to county health
153departments.—
154(4) Department and county health department employees
155assigned to the inspection and regulation of public swimming
156pools, spas, or bathing facilities must, within 60 days after
157employment or assignment to the inspection and regulation of
158public swimming pools, spas, or bathing facilities, obtain the
159Florida Public Pool Specialist Certification developed by the
160Florida Swimming Pool Association and approved by the
161department. The certification must be renewed every 5 years, and
162employees must maintain this certification for as long as they
163are assigned to the inspection and regulation of public swimming
164pools, spas, or bathing facilities. The department or county
165health department, as applicable, shall bear the cost of
166certification, including certification renewals, of employees
167under this subsection.
168Section 4. Section 514.028, Florida Statutes, is amended to
169read:
170514.028 Public Swimming Pool and Spa Technical Committee
171[Advisory review board].—
172(1) The Governor shall appoint the Public Swimming Pool and
173Spa Technical Committee, [an advisory review board] which shall
174meet as necessary and [or] at least bimonthly [quarterly], to review
175and act on variance applications under s. 514.0115 [recommend]
176[agency action on variance request, rule and policy development,]
177[and other technical review problems]. The board shall be composed
178[comprised] of:
179(a) Three commercial swimming pool/spa contractors [A]
180[representative from the office of licensure and certification of]
181[the department].
182(b) Two swimming pool/spa servicing contractors [A]
183[representative from the county health departments].
184(c) Two professional engineers, licensed and practicing in
185this state [Three representatives from the swimming pool]
186[construction industry].
187(d) Two representatives [A representative] from the public
188lodging industry.
189[(e) A representative from a county or local building]
190[department.]
191(2) Notwithstanding s. 120.54, the committee shall hold a
192public workshop to develop each rule proposed under s. 514.021
193and provide a notice of rule development at least 45 days before
194the date on which the workshop is scheduled to be held. In
195addition, each notice of proposed rule must be published in the
196Florida Administrative Register at least 45 days before the
197intended action [The purpose of the advisory review board is to]
198[promote better relations, understanding, and cooperation between]
199[such industries and the department; to review and make]
200[recommendations regarding department product approval standards;]
201[to suggest means of better protecting the health, welfare, or]
202[safety of persons using the services offered by such industries;]
203[and to give the department the benefit of the knowledge and]
204[experience of the board concerning the industries and individual]
205[businesses affected by the laws and rules administered by the]
206[department].
207(3) The purpose of the committee is to:
208(a)Consider and adopt modifications to rules for the
209operation of public swimming pools and public bathing places
210pursuant to s. 514.021(1); and
211(b)Review and act on variance applications under s.
212514.0115.
213(4) Members shall be reimbursed for travel expenses
214incurred in connection with service on the committee [advisory]
215[review board] pursuant to s. 112.061.
216Section 5. Subsection (1) of section 514.03, Florida
217Statutes, is amended, and subsection(3) is added to that
218section, to read:
219514.03 Approval necessary to construct, develop, or modify
220public swimming pools or public bathing places.—
221(1) A person or public body desiring to construct, develop,
222or modify a public swimming pool must submit an application,
223containing the information required under s. 514.031(1)(a)1.-5.
224[s. 514.031(1)(a)1.-6.] to the department for an operating permit
225before filing an application for a building permit under s.
226553.79. A copy of the final inspection required under s.
227514.031(1)(a)5. shall be submitted to the department upon
228receipt by the applicant. The application shall be deemed
229incomplete pursuant to s. 120.60 until such copy is submitted to
230the department.
231(3) The department or county health department may not
232require engineered plans for or re-engineering of a swimming
233pool, a spa pool, a wading pool, or an interactive water feature
234to be submitted for equipment replacements ifsuch replacement
235equipment meets the originallydesigned flow, filtration, and
236sanitation specifications, regardless of the equipment type,
237make, or model. The pool/spa contractor, as defined in s.
238489.105(3)(j),(k), or (l), performing the equipment replacement
239is responsible for certifying that the replacement meets the
240originallydesigned flow, filtration, and sanitation
241specifications of the swimming pool, spa pool, wading pool, or
242interactive water feature.
243Section 6. Subsection (1) of section 514.031, Florida
244Statutes, is amended to read:
245514.031 Permit necessary to operate public swimming pool.—
246(1) It is unlawful for any person or public body to operate
247or continue to operate any public swimming pool without a valid
248permit from the department, such permit to be obtained in the
249following manner:
250(a) Any person or public body desiring to operate any
251public swimming pool must [shall] file an application for an
252operating permit with the department, on application forms
253provided by the department, and must [shall] accompany such
254application with:
2551. A description of the structure, its appurtenances, and
256its operation.
2572. A description of the source or sources of water supply,
258and the amount and quality of water available and intended to be
259used.
2603. The method and manner of water purification, treatment,
261disinfection, and heating.
2624. The safety equipment and standards to be used.
2635. A copy of the final inspection from the local
264enforcement agency as defined in s. 553.71.
265[6. Any other pertinent information deemed necessary by the]
266[department.]
267(b) The applicant must [shall] respond to a request for
268additional information due to an incomplete application for an
269operating permit pursuant to s. 120.60. Upon receipt of an
270application, whether complete or incomplete, as required in s.
271514.03 and as set forth under this section, the department shall
272review and provide to the local enforcement agency and the
273applicant any comment or proposed modifications on the
274information received pursuant to subparagraphs (a)1.-5. [(a)1.-6.]
275(c) The department shall grant the application for permit,
276unless [If] the department determines by clear and convincing
277evidence that the public swimming pool will not [is or may]
278[reasonably be expected to] be operated in compliance with this
279chapter and the rules adopted hereunder[, the department shall]
280[grant the application for permit].
281(d) If the department determines that the public swimming
282pool does not meet the provisions outlined in this chapter or
283the rules adopted hereunder, the department must [shall] deny the
284application for a permit pursuant to [the provisions of] chapter
285120. Such denial must [shall] be in writing and must [shall] list
286the circumstances for the denial. Upon correction of such
287circumstances, an applicant previously denied permission to
288operate a public swimming pool or bathing place may reapply for
289a permit.
290Section 7. This act shall take effect July 1, 2026.