CS/HB 719 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to swim -up bars; amending s. 514.0115, 2
F.S.; providing definitions; providing that swim -up 3
bars may not be prohibited in certain public pools in 4
certain establishments; providing requirements for 5
swim-up bars in certain establishments; providing 6
rulemaking authority; amending s. 553.77, F.S.; 7
requiring the Florida Building Commission to adopt, 8
within the Florida Building Code, requirements for 9
swim-up bars in certain public pools by a specified 10
date; providing minimum requirements; providing an 11
effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Subsection (10) is added to section 514.0115, 16
Florida Statutes, to read: 17
514.0115 Exemptions from supervision or regulation; 18
variances.— 19
(10)(a) As used in this subsection, the term: 20
1. "Swim-up bar" means a public pool used for the 21
consumption of food and beverages by people, that may include a 22
permanent bar or counter from which food and beverages are 23
served to people in the pool. 24
2. "Theme park or entertainment complex" has the same 25
CS/HB 719 2022
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
meaning as provided in s. 509.013(9). 26
3. "Transient public lodging establishment" has the same 27
meaning as provided in s. 50 9.013(4)(a)1. 28
4. "Wet deck area" means the 4 -foot-wide unobstructed pool 29
deck area around the outside of the pool water perimeter, curb, 30
ladders, handrails, planters, or lifeguard chairs. 31
(b) The department, county health departments, and local 32
governments may not prohibit swim -up bars located in transient 33
public lodging establishments or theme parks or entertainment 34
complexes if all of the following apply: 35
1. The public pool is designated by the transient public 36
lodging establishment or theme park or entertainment complex as 37
a swim-up bar. 38
2. The transient public lodging establishment or theme 39
park or entertainment complex provides notice to their patrons 40
that food and beverages are being consumed in the swim -up bar. 41
3. The swim-up bar is separated from any other public 42
pools that are not swim -up bars and do not allow the consumption 43
of food and beverages. 44
4. Glass items are not allowed in the swim -up bar or on 45
the pool's wet deck area. 46
5. A lifeguard is present when the swim -up bar is being 47
used. 48
6. The swim-up bar has a water depth of less than 60 49
inches. 50
CS/HB 719 2022
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
7. The swim-up bar is in compliance with this chapter and 51
the rules adopted hereunder. 52
(c) The department may adopt rules to ensure compliance 53
with this subsection. 54
Section 2. Subsection (8) is added to section 553.77, 55
Florida Statutes, to read: 56
553.77 Specific powers of the commission. — 57
(8) By January 1, 2023, the Florida Building Commission 58
must adopt into the Florida Building Code, pursuant to s. 59
553.73(8), requirements for swim-up bars as defined in s. 60
514.0115(10)(a), including, at a minimum, all of the following: 61
(a) Signage requirements providing that food and beverages 62
are permitted in the swim -up bar. 63
(b) An allowance for an obstruction related to a swim -up 64
bar in a public pool's wet deck area, as that term is defined in 65
s. 514.0115(10)(a). 66
(c) Enhanced requirements for the swim -up bar's 67
recirculation and treatment system above and beyond what is 68
required of a typical public pool. 69
Section 3. This act shall take effect upon becoming a law. 70