Public Swimming and Bathing Places

HB 633 2026

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A bill to be entitled 1
An act relating to public swimming and bathing places; 2
amending s. 514.0115, F.S.; requiring certain pools to 3
have a yearly inspection to confirm certain standards 4
are being met; authorizing the Public Swimming Pool 5
and Spa Technical Committee to review and grant rule 6
variances; amending s. 514.021, F.S.; requiring the 7
Public Swimming Pool and Spa Technical Committee to 8
adopt certain rules; removing a provision that such 9
rules be reviewed and revised biennially; revising the 10
sanitation and safety standards for public swimming 11
pools and bathing places; prohibiting the committee 12
from establishing by rule certain regulations; 13
removing a provision requiring the Department of 14
Health to provide technical assistance to the Florida 15
Building Commission; requiring certain employees of 16
the department to obtain, maintain, and renew a 17
Florida Public Pool Specialist Certification; 18
providing that the department is responsible for the 19
cost of such certification; amending s. 514.025, F.S.; 20
requiring certain employees of county health 21
departments to obtain, maintain, and renew a Florida 22
Public Pool Specialist Certification; providing that 23
the county health department is responsible for the 24
cost of such certification; amending s. 514.028, F.S.; 25

HB 633 2026

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creating the Public Swimming Pool and Spa Technical 26
Committee within the Department of Health, rather than 27
an advisory review board; requiring the Governor to 28
appoint members to the committee; requiring the 29
committee to meet on a certain schedule; revising the 30
membership and purpose of the committee; requiring the 31
committee to hold public workshops under certain 32
circumstances; requiring specified notice be published 33
in the Florida Administrative Register a specified 34
timeframe before such workshop; amending s. 514.03, 35
F.S.; requiring, rather than authorizing, local 36
governments and local enforcement districts to 37
determine compliance with certain standards; 38
prohibiting the department, local governments, and 39
local enforcement districts from requiring that 40
certain plans be submitted to replace certain 41
equipment if a specified condition is met; requiring 42
specified contractors to certify that replacement 43
equipment meets certain specifications; amending s. 44
514.031, F.S.; revising the information that must be 45
submitted with a permit application to operate a 46
public swimming pool; requiring the department to 47
grant such permit application unless there is clear 48
and convincing evidence that the public swimming pool 49
will not operate in compliance with specified laws and 50

HB 633 2026

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rules; requiring the department to provide specified 51
information to an applicant if the department denies a 52
permit application; providing an effective date. 53
54
Be It Enacted by the Legislature of the State of Florida: 55
56
Section 1. Subsections (2), (3), and (9) of section 57
514.0115, Florida Statutes, are amended to read: 58
514.0115 Exemptions from supervision or regulation; 59
variances.— 60
(2)(a) Pools serving no more than 32 condominium or 61
cooperative units which are not operated as a public lodging 62
establishment are shall be exempt from supervision under this 63
chapter, except for maintaining compliance with department rules 64
relating to water quality and a yearly inspection to confirm 65
that sanitary and entrapment standards are being met, including 66
all of the following: 67
1. The pool is compliant with the federal Virginia Graeme 68
Baker Pool and Spa Safety Act, 15 U.S.C. ss. 8001 et seq. 69
2. The pool is being operated at the designed and 70
permitted flow rate. 71
3. The pool filtration system capacity is equal to or 72
greater than originally designed, is using the same filter media 73
as originally designed, and is being operated as originally 74
designed, whether as suction or pressure. 75

HB 633 2026

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(b) Pools serving condominium or cooperative associations 76
of more than 32 units and whose recorded documents prohibit the 77
rental or sublease of the units for periods of less than 60 days 78
are exempt from supervision under this chapter, except that the 79
condominium or cooperative owner or association must file 80
applications with the department and obtain construction plans 81
approval and receive an initial operating permit. The department 82
must shall inspect the swimming pools at such condominium or 83
cooperative associations places annually, at the fee set forth 84
in s. 514.033(3), or upon request by a unit owner, to determine 85
all of the following: 86
1. Compliance with department rules relating to water 87
quality and lifesaving equipment. 88
2. Compliance with the federal Virginia Graeme Baker Pool 89
and Spa Safety Act, 15 U.S.C. ss. 8001 et seq. 90
3. That the pool is being operated at the designed and 91
permitted flow rate. 92
4. That the pool filtration system is in place and being 93
operated as originally engineered and permitted. 94
95
The department may not require compliance with rules relating to 96
swimming pool lifeguard standards. 97
(3) Pools serving homeowners' associations and other 98
property associations which have no more than 32 units or 99
parcels and are not operated as public lodging establishments 100

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are exempt from supervision under this chapter, except for the 101
following: 102
(a) Supervision necessary to ensure water quality and 103
compliance with s. 514.0315. 104
(b) A yearly inspection to confirm sanitary and entrapment 105
standards are being met, including all of the following: 106
1. The pool is compliant with the federal Virginia Graeme 107
Baker Pool and Spa Safety Act, 15 U.S.C. ss. 8001 et seq. 108
2. The pool is being operated at the designed and 109
permitted flow rate. 110
3. The pool filtration system capacity is equal to or 111
greater than originally designed, is using the same filter media 112
as originally designed, and is being operated as originally 113
designed, whether as suction or pressure. 114
(c) Such pools, and are subject to ss. 514.05 and 514.06. 115
(9) The Public Swimming Pool and Spa Technical Committee 116
established under s. 514.028 department may grant variances from 117
any department rule adopted under this chapter pursuant to 118
procedures adopted by department rule. The committee department 119
may also grant, pursuant to procedures adopted by department 120
rule, variances from the provisions of the Florida Building Code 121
specifically pertaining to public swimming pools and bathing 122
places when requested by the pool owner or the pool owner's 123
representative to relieve hardship in cases involving deviations 124
from the Florida Building Code provisions, when it is shown that 125

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the hardship was not caused intentionally by the action of the 126
applicant, where no reasonable alternative exists, and the 127
health and safety of the pool patrons is not at risk. The 128
committee has sole authority to review and approve variances 129
under this section. 130
Section 2. Section 514.021, Florida Statutes, is amended 131
to read: 132
514.021 Department and Public Swimming Pool and Spa 133
Technical Committee authorization; certification.— 134
(1) The Public Swimming Pool and Spa Technical Committee 135
established under s. 514.028 shall adopt and the department 136
shall may adopt and enforce rules for the operation of public 137
swimming pools and bathing places to protect the health, safety, 138
or welfare of persons by setting sanitation and safety standards 139
for such public swimming pools and public bathing places. The 140
department shall review and revise such rules as necessary, but 141
not less than biennially. Sanitation and safety standards must 142
shall be limited to matters relating to source of water supply; 143
microbiological, chemical, and physical quality of water in the 144
pool or bathing area; and method of water purification, 145
treatment, and disinfection; lifesaving apparatus; and measures 146
to ensure safety of bathers. 147
(2) The department or committee may not establish by rule 148
any regulation governing the design, construction, erection, 149
alteration, renovation, modification, or repair, or demolition 150

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of public swimming pools and bathing places which has no impact 151
on sanitation and safety of persons using public swimming pools 152
and bathing places. Further, the department may not adopt by 153
rule any regulation governing the construction, erection, or 154
demolition of public swimming pools and bathing places. It is 155
the intent of the Legislature to preempt those functions to the 156
Florida Building Commission through adoption and maintenance of 157
the Florida Building Code. The department shall provide 158
technical assistance to the commission in updating the 159
construction standards of the Florida Building Code which govern 160
public swimming pools. This subsection does not abrogate the 161
authority of the department to adopt and enforce appropriate 162
sanitary regulations and requirements as authorized in 163
subsection (1). 164
(3)(a) An employee of the department responsible for the 165
inspection and regulation of public swimming pools or bathing 166
places must do all of the following: 167
1. Obtain the Florida Public Pool Specialist Certification 168
within 60 days after he or she is hired or assigned to the 169
inspection and regulation of such pools or bathing places. 170
2. Maintain such certification for the duration of his or 171
her employment or assignment to inspect and regulate public 172
swimming pools or bathing places. 173
3. Renew his or her certification every 5 years. 174
(b) The department is responsible for the cost of 175

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certifying its employees and renewing such certification under 176
this subsection. 177
Section 3. Subsection (4) is added to section 514.025, 178
Florida Statutes, to read: 179
514.025 Assignment of authority to county health 180
departments.— 181
(4)(a) An employee of a county health department 182
responsible for the inspection and regulation of public swimming 183
pools or bathing places must do all of the following: 184
1. Obtain the Florida Public Pool Specialist Certification 185
within 60 days after he or she is hired or assigned to the 186
inspection and regulation of such pools or bathing places. 187
2. Maintain such certification for the duration of his or 188
her employment or assignment to inspect and regulate public 189
swimming pools or bathing places. 190
3. Renew his or her certification every 5 years. 191
(b) The county health department is responsible for the 192
cost of certifying its employees and renewing such certification 193
under this subsection. 194
Section 4. Section 514.028, Florida Statutes, is amended 195
to read: 196
514.028 Public Swimming Pool and Spa Technical Committee 197
Advisory review board.— 198
(1) The Public Swimming Pool and Spa Technical Committee 199
is created with the department. 200

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(2)(1) The Governor shall appoint members to the Public 201
Swimming Pool and Spa Technical Committee, an advisory review 202
board which must shall meet as necessary or at least bi-monthly, 203
but may meet more frequently, if necessary, to review and act on 204
variance applications pursuant to s. 514.0115 quarterly, to 205
recommend agency action on variance request, rule and policy 206
development, and other technical review problems. The committee 207
must board shall be comprised of: 208
(a) Three licensed commercial pool and spa contractors as 209
defined in s. 489.105(3)(j) A representative from the office of 210
licensure and certification of the department. 211
(b) Two licensed swimming pool and spa servicing 212
contractors as defined in s. 489.105(3)(l) A representative from 213
the county health departments. 214
(c) Two professional engineers licensed under chapter 471 215
and practicing in this state Three representatives from the 216
swimming pool construction industry. 217
(d) Two representatives A representative from the public 218
lodging industry. 219
(e) A representative from a county or local building 220
department. 221
(3)(2) The purpose of the committee advisory review board 222
is to: 223
(a) Consider and adopt modifications to rules for the 224
operation of public swimming pools and public bathing places 225

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pursuant to s. 514.021(1). 226
(b) Review and act on variance applications pursuant to s. 227
514.0115. 228
(4) Notwithstanding s. 120.54, the committee must hold a 229
public workshop for the development or modification of each rule 230
proposed under s. 514.021. Notice of the public workshop and 231
proposed rule must be published in the Florida Administrative 232
Register at least 45 days before the date on which the workshop 233
is scheduled promote better relations, understanding, and 234
cooperation between such industries and the department; to 235
review and make recommendations regarding department product 236
approval standards; to suggest means of better protecting the 237
health, welfare, or safety of persons using the services offered 238
by such industries; and to give the department the benefit of 239
the knowledge and experience of the board concerning the 240
industries and individual businesses affected by the laws and 241
rules administered by the department. 242
(5)(3) Members shall be reimbursed under s. 112.061 for 243
travel expenses incurred in connection with service on the 244
Public Swimming Pool and Spa Technical Committee advisory review 245
board pursuant to s. 112.061. 246
Section 5. Section 514.03, Florida Statutes, is amended to 247
read: 248
514.03 Approval necessary to construct, develop, or modify 249
public swimming pools or public bathing places.— 250

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(1) A person or public body desiring to construct, 251
develop, or modify a public swimming pool must submit an 252
application, containing the information required under s. 253
514.031(1)(a) s. 514.031(1)(a)1.-6. to the department for an 254
operating permit before filing an application for a building 255
permit under s. 553.79. A copy of the final inspection required 256
under s. 514.031(1)(a)5. must shall be submitted to the 257
department upon receipt by the applicant. The application is 258
shall be deemed incomplete under pursuant to s. 120.60 until 259
such copy is submitted to the department. 260
(2) Local governments or local enforcement districts shall 261
may determine compliance with the general construction standards 262
of the Florida Building Code, pursuant to s. 553.80. Local 263
governments or local enforcement districts may conduct plan 264
reviews and inspections of public swimming pools and public 265
bathing places for this purpose. 266
(3)(a) The department, local governments, and local 267
enforcement districts may not require the submission of 268
engineering or reengineering plans in order to replace equipment 269
of a pool, a spa pool, a wading pool, or an interactive water 270
feature as long as the replacement equipment meets the flow, 271
filtration, and sanitation specifications as originally 272
designed, regardless of the type, make, or model of the 273
replacement equipment. 274
(b) The licensed commercial pool or spa contractor or 275

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licensed swimming pool or spa servicing contractor, as those 276
terms are defined in s. 489.105(3)(j) and (l), performing the 277
equipment replacement is responsible for certifying that the 278
replacement equipment meets the flow, filtration, and sanitation 279
specifications as originally designed. 280
Section 6. Subsection (1) of section 514.031, Florida 281
Statutes, is amended to read: 282
514.031 Permit necessary to operate public swimming pool.— 283
(1) It is unlawful for any person or public body to 284
operate or continue to operate any public swimming pool without 285
a valid permit from the department, such permit to be obtained 286
in the following manner: 287
(a) Any person or public body desiring to operate any 288
public swimming pool shall file an application for an operating 289
permit with the department, on application forms provided by the 290
department, and shall accompany such application with: 291
1. A description of the structure, its appurtenances, and 292
its operation. 293
2. A description of the source or sources of water supply, 294
and the amount and quality of water available and intended to be 295
used. 296
3. The method and manner of water purification, treatment, 297
disinfection, and heating. 298
4. The safety equipment and standards to be used. 299
5. A copy of the final inspection from the local 300

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enforcement agency as defined in s. 553.71. 301
6. Any other pertinent information deemed necessary by the 302
department. 303
(b) The applicant shall respond to a request for 304
additional information due to an incomplete application for an 305
operating permit pursuant to s. 120.60. Upon receipt of an 306
application, whether complete or incomplete, as required in s. 307
514.03 and as set forth under this section, the department shall 308
review and provide to the local enforcement agency and the 309
applicant any comment or proposed modifications on the 310
information received pursuant to subparagraphs (a)1.-5 (a)1.-6. 311
(c) The department must grant the application for permit 312
unless If the department determines, by clear and convincing 313
evidence, that the public swimming pool will not is or may 314
reasonably be expected to be operated in compliance with this 315
chapter and the rules adopted hereunder, The department shall 316
grant the application for permit. 317
(d) If the department determines, by clear and convincing 318
evidence, that the public swimming pool does not meet the 319
provisions outlined in this chapter or the rules adopted 320
hereunder, the department must shall deny the application for a 321
permit pursuant to the provisions of chapter 120. Such denial 322
must shall be in writing and shall list the circumstances for 323
the denial, including the specific provisions of this chapter or 324
the rules adopted hereunder that are the basis for such denial. 325

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Upon correction of such circumstances, an applicant previously 326
denied permission to operate a public swimming pool or bathing 327
place may reapply for a permit. 328
Section 7. This act shall take effect July 1, 2026. 329