Florida 2022 Regular Session

Florida House Bill H0719 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	~~CS/~~HB 719 2022
	3	+	HB 719 2022
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6	6
7	7		CODING: Words stricken are deletions; words underlined are additions.
8		-	hb0719-~~01-c1~~
9		-	Page 1 of 3
	8	+	hb0719-00
	9	+	Page 1 of 1
10	10		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
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12	12
13	13
14	14		A bill to be entitled 1
15		-	An act relating to swim -up bars; amending s. 514.0115, 2
16		-	F.S.; providing definitions; providing that swim -up 3
17		-	bars may not be prohibited in certain public pools in 4
18		-	certain establishments; providing requirements for 5
19		-	swim-up bars in certain establishments; providing 6
20		-	rulemaking authority; amending s. 553.77, F.S.; 7
21		-	requiring the Florida Building Commission to adopt, 8
22		-	within the Florida Building Code, requirements for 9
23		-	swim-up bars in certain public pools by a specified 10
24		-	date; providing minimum requirements; providing an 11
25		-	effective date. 12
26		-	13
27		-	Be It Enacted by the Legislature of the State of Florida: 14
28		-	15
29		-	Section 1. Subsection (10) is added to section 514.0115, 16
30		-	Florida Statutes, to read: 17
31		-	514.0115 Exemptions from supervision or regulation; 18
32		-	variances.— 19
33		-	(10)(a) As used in this subsection, the term: 20
34		-	1. "Swim-up bar" means a public pool used for the 21
35		-	consumption of food and beverages by people, that may include a 22
36		-	permanent bar or counter from which food and beverages are 23
37		-	served to people in the pool. 24
38		-	2. "Theme park or entertainment complex" has the same 25
39		-
40		-	CS/HB 719 2022
41		-
42		-
43		-
44		-	CODING: Words stricken are deletions; words underlined are additions.
45		-	hb0719-01-c1
46		-	Page 2 of 3
47		-	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
48		-
49		-
50		-
51		-	meaning as provided in s. 509.013(9). 26
52		-	3. "Transient public lodging establishment" has the same 27
53		-	meaning as provided in s. 50 9.013(4)(a)1. 28
54		-	4. "Wet deck area" means the 4 -foot-wide unobstructed pool 29
55		-	deck area around the outside of the pool water perimeter, curb, 30
56		-	ladders, handrails, planters, or lifeguard chairs. 31
57		-	(b) The department, county health departments, and local 32
58		-	governments may not prohibit swim -up bars located in transient 33
59		-	public lodging establishments or theme parks or entertainment 34
60		-	complexes if all of the following apply: 35
61		-	1. The public pool is designated by the transient public 36
62		-	lodging establishment or theme park or entertainment complex as 37
63		-	a swim-up bar. 38
64		-	2. The transient public lodging establishment or theme 39
65		-	park or entertainment complex provides notice to their patrons 40
66		-	that food and beverages are being consumed in the swim -up bar. 41
67		-	3. The swim-up bar is separated from any other public 42
68		-	pools that are not swim -up bars and do not allow the consumption 43
69		-	of food and beverages. 44
70		-	4. Glass items are not allowed in the swim -up bar or on 45
71		-	the pool's wet deck area. 46
72		-	5. A lifeguard is present when the swim -up bar is being 47
73		-	used. 48
74		-	6. The swim-up bar has a water depth of less than 60 49
75		-	inches. 50
76		-
77		-	CS/HB 719 2022
78		-
79		-
80		-
81		-	CODING: Words stricken are deletions; words underlined are additions.
82		-	hb0719-01-c1
83		-	Page 3 of 3
84		-	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
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86		-
87		-
88		-	7. The swim-up bar is in compliance with this chapter and 51
89		-	the rules adopted hereunder. 52
90		-	(c) The department may adopt rules to ensure compliance 53
91		-	with this subsection. 54
92		-	Section 2. Subsection (8) is added to section 553.77, 55
93		-	Florida Statutes, to read: 56
94		-	553.77 Specific powers of the commission. — 57
95		-	(8) By January 1, 2023, the Florida Building Commission 58
96		-	must adopt into the Florida Building Code, pursuant to s. 59
97		-	553.73(8), requirements for swim-up bars as defined in s. 60
98		-	514.0115(10)(a), including, at a minimum, all of the following: 61
99		-	(a) Signage requirements providing that food and beverages 62
100		-	are permitted in the swim -up bar. 63
101		-	(b) An allowance for an obstruction related to a swim -up 64
102		-	bar in a public pool's wet deck area, as that term is defined in 65
103		-	s. 514.0115(10)(a). 66
104		-	(c) Enhanced requirements for the swim -up bar's 67
105		-	recirculation and treatment system above and beyond what is 68
106		-	required of a typical public pool. 69
107		-	Section 3. This act shall take effect upon becoming a law. 70
	15	+	An act relating to swim -up bars; requiring the Florida 2
	16	+	Building Commission to adopt requirements and 3
	17	+	procedures within the Florida Building Code for the 4
	18	+	approval of swim-up bars at commercial and public 5
	19	+	swimming pool locations; requiring the commission to 6
	20	+	work with swimming pool industry representatives when 7
	21	+	developing such requirements and procedures; providing 8
	22	+	an effective date. 9
	23	+	10
	24	+	Be It Enacted by the Legisla ture of the State of Florida: 11
	25	+	12
	26	+	Section 1. Before January 1, 2023, the Florida Building 13
	27	+	Commission shall adopt within the Florida Building Code 14
	28	+	requirements and procedures for the approval of swim -up bars at 15
	29	+	commercial and public swimming pool locations in this state. The 16
	30	+	commission shall work with swimming pool industry 17
	31	+	representatives to develop such requirements and procedures to 18
	32	+	position this state as a national leader on design 19
	33	+	specifications, safety, operation, and public health relating to 20
	34	+	swim-up bars. 21
	35	+	Section 2. This act shall take effect upon becoming a law. 22