Water Safety for Cooling Towers, Domestic Water Holding Tanks, and Supplemental Disinfection Systems

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 1 of 27
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 water safety for cooling towers, 2
domestic water holding tanks, and supplemental 3
disinfection systems; creating part III of ch. 386, 4
F.S., entitled "Water Safety for Cooling Towers, 5
Domestic Water Holding Tanks, and Supplemental 6
Disinfection Systems"; creating s. 386.301, F.S.; 7
providing legislative intent; creating s. 386.302, 8
F.S.; providing definitions; creating s. 386.303, 9
F.S.; requiring that owners of cooling towers, 10
domestic water holding tanks, and supplemental 11
disinfection systems register them with the Department 12
of Health; requiring the department to create a 13
statewide electronic system for such registrations; 14
providing minimum requirements for the registration 15
system; requiring that owners of cooling towers, 16
domestic water holding tanks, or supplemental 17
disinfection systems report specified information to 18
the department beginning on a specified date; 19
providing department responsibilities regarding the 20
registration system; requiring that owners of cooling 21
towers maintain certain records for a specified 22
timeframe; requiring that a copy of the maintenance 23
program and plan be kept on the cooling tower 24
premises; providing construction; creating s. 386.304, 25

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 2 of 27
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

F.S.; requiring that owners of cooling towers obtain 26
or update a maintenance program and plan for existing 27
and newly installed cooling towers by a specified 28
date; providing requirements for the maintenance 29
program and plan; creating s. 386.305, F.S.; requiring 30
that certain culture analyses be conducted by 31
certified environmental laboratories; providing 32
requirements for interpreting the results of such 33
analyses; creating s. 386.306, F.S.; requiring that 34
owners of cooling towers provide notification to the 35
county health department and the public within a 36
specified timeframe under specified circumstances; 37
requiring county health departments to provide certain 38
notification to the department; requiring the county 39
health department or, at its discretion, the 40
department to determine the method of certain 41
notifications; creating s. 386.307, F.S.; providing 42
cooling tower disinfection standards; requiring that 43
the person conducting the disinfection meet certain 44
qualifications; specifying the types of products that 45
may be used during a disinfection; providing cooling 46
tower efficiency standards; creating s. 386.308, F.S.; 47
requiring that owners of cooling towers have the 48
cooling towers inspected before initial startup and, 49
thereafter, at specified intervals; providing 50

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 3 of 27
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

inspection requirements; requiring that persons 51
conducting inspections report deficiencies to the 52
owner for corrective action; requiring initial and 53
annual certification of cooling towers by a specified 54
date; providing requirements for certification; 55
requiring that all inspection findings, deficiencies, 56
corrective actions, and certifications be reported to 57
the department and maintained by the owner; creating 58
s. 386.309, F.S.; authorizing the department or a 59
county health department to require an owner to 60
conduct a Legionella culture sampling and analysis 61
under certain circumstances; authorizing an officer, 62
employee, or agent of the department or county health 63
department to enter a property to inspect a cooling 64
tower; specifying that certain actions by the owner of 65
a cooling tower may constitute a nuisance; providing 66
for civil and criminal penalties; requiring the State 67
Surgeon General to submit a report to the Legislature 68
by a specified date; providing requirements for the 69
report; creating s. 386.3101, F.S.; authorizing county 70
health departments or the department to issue waivers 71
if the waiver does not present a danger to the public 72
health; providing requirements for the waivers; 73
authorizing county health departments to issue 74
variances under certain circumstances for a specified 75

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 4 of 27
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

period of time; providing an effective date. 76
77
Be It Enacted by the Legislature of the State of Florida: 78
79
Section 1. Part III of chapter 386, Florida Statutes, 80
consisting of ss. 386.301-386.3101, Florida Statutes, is created 81
and entitled "Water Safety for Cooling Towers, Domestic Water 82
Holding Tanks, and Supplemental Disinfection Systems." 83
Section 2. Section 386.301, Florida Statutes, is created 84
to read: 85
386.301 Legislative intent.—The purpose of this part is to 86
protect people from the health hazards of Legionella, a 87
bacterium that is known to originate in improperly sanitized 88
cooling towers, domestic water holding tanks, and building 89
piping systems. 90
Section 3. Section 386.302, Florida Statutes, is created 91
to read: 92
386.302 Definitions.—As used in this part, the term: 93
(1) "Bacteriological culture sampling and analysis" means 94
the collection of a water sample for the purpose of measuring 95
the live culture growth of aerobic bacterial populations using 96
heterotrophic plate count, dip slides, or a similar method 97
employed by the industry in accordance with the manufacturer's 98
directions for use. 99
(2) "Building," unless otherwise expressly indicated by 100

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 5 of 27
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

the text, means all or part of a structure, premises, or lot 101
which is used or is intended to support or shelter a use or 102
occupancy. 103
(3) "Cleaning" means physical, mechanical, or other 104
removal of biofilm, scale, debris, rust, other corrosion 105
products, sludge, algae, and other potential sources of 106
contamination. 107
(4) "Compliance inspection" means the inspection, testing, 108
and other activities that are required on a regular basis in 109
accordance with s. 386.308. 110
(5) "Cooling tower" means an evaporative condenser, a 111
fluid cooler, or another wet cooling device that is capable of 112
aerosolizing water; that contains or is part of a recirculated 113
water system; and that is incorporated into a building's cooling 114
process, industrial process, refrigeration system, or energy 115
production system. 116
(6) "Cooling tower cells" means the smallest subdivisions 117
of a tower which can function independently with regard to air 118
and water flow. Each cell may have one or more fans and one or 119
more distribution systems. 120
(7) "Cooling tower water system" means one or more cooling 121
towers and all of the recirculating water system components, 122
process instruments, and appurtenances through which water flows 123
or comes into contact with chemical applicators, valves, pumps, 124
condensers, heat exchangers, and other related components. 125

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 6 of 27
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

(8) "Corrective action" means disinfection, cleaning, 126
flushing, and other activities to remedy biofilm growth, 127
Legionella proliferation, or other system mechanical problems 128
identified through monitoring, inspections, or other means, as 129
determined by the department. 130
(9) "Cycles of concentration" means the ratio of make-up 131
water volume to blowdown water volume which may be approximated 132
from the ratio of the conductivity of the blowdown water to the 133
conductivity of the make-up water. 134
(10) "Department" means the Department of Health. 135
(11) "Dip slide" means a method to test for microorganisms 136
which consists of a sterile culture medium affixed to a sterile 137
slide that is dipped directly into the sampled liquid. 138
(12) "Disinfection" means the use of one or more biocides 139
at a defined concentration, under specified conditions, for an 140
established period of time to kill or inactivate pathogenic 141
microorganisms. The term does not include the cleaning of a 142
cooling tower through the application of detergents, penetrants, 143
brushes or other tools, highly pressurized water, or any other 144
method that does not involve the use of a pesticide or economic 145
poison, as defined in s. 482.021(23); the use of a pesticide, as 146
defined in s. 487.021(49); or the use of a restricted-use 147
pesticide, as defined in s. 487.021(58). 148
(13) "Domestic water holding tank" means a fixed, 149
enclosed, above-ground or below-ground vessel that is designed, 150

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 7 of 27
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

constructed, and installed to store potable water intended for 151
human consumption, household use, or sanitary purposes within a 152
residential or mixed-use building. 153
(14) "Drift eliminator" means a system of baffles that 154
causes separation of entrained water designed to remove aerosols 155
from cooling tower exhaust. 156
(15) "Heterotrophic plate count" means a measure of the 157
concentration of microorganisms that require an external source 158
of organic carbon for growth, including bacteria, yeasts, and 159
mold, in water samples. 160
(16) "Legionella" means the genus of bacteria that is 161
ubiquitous in aqueous environments, including the recirculated 162
water of cooling tower water systems that are not properly or 163
regularly maintained. 164
(17) "Legionella culture sampling and analysis" means the 165
collection of a water sample for the measurement of the live 166
culture of Legionella involving the use of specialized media and 167
laboratory methods for growth to determine the species and 168
serogroup. 169
(18) "Maintenance program and plan" means a written 170
document, developed by a qualified person, which specifies 171
required monitoring, cleaning, disinfection, and other practices 172
for the prevention and control of Legionella growth in a cooling 173
tower water system, and is in accordance with sections 5, 6, and 174
7.2 of ANSI/ASHRAE Standard 188-2018, Legionellosis: Risk 175

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 8 of 27
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

Management for Building Water Systems and the manufacturer's 176
instructions. 177
(19) "Owner" means all of the following: 178
(a) A person, agent, firm, partnership, corporation, or 179
other legal entity that has a legal or equitable interest in, or 180
control of, a cooling tower or the premises of the cooling 181
tower. 182
(b) The legal owner of the building. 183
(c) A tenant, if the tenant: 184
1. Owns a cooling tower that services the tenant's leased 185
premises; or 186
2. Does not own the cooling tower but has a lease or 187
contractual arrangement to maintain the cooling tower. 188
(20) "Qualified person" means a professional engineer 189
licensed and registered in this state; a Class E water treatment 190
operator licensed and registered in this state; a certified 191
industrial hygienist; a certified water technologist; a 192
professional with training and experience in developing 193
management plans and performing inspections in accordance with 194
industry protocols, including, but not limited to, NSF Protocol 195
453-2017: Cooling Towers – Treatment, Operation, and Maintenance 196
to Prevent Legionellosis; or an environmental consultant who has 197
at least 2 years of operational experience in water management 198
planning and operation. 199
(21) "Supplemental disinfection system" means a 200

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 9 of 27
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

permanently installed treatment system designed to provide 201
additional microbial protection for potable water supplied to a 202
residence or residential facility. The system: 203
(a) May include chlorine, chlorine dioxide, or 204
monochloramine for chlorination or chloramine injection systems 205
and disinfection processes approved by the Department of 206
Environmental Protection for potable water use. 207
(b) Must be constructed of materials certified for contact 208
with drinking water and designed to operate within the 209
manufacturer's specified flow, pressure, and water quality 210
parameters. 211
(c) Must be installed in accordance with applicable 212
plumbing, electrical, and public health codes. 213
(d) Must incorporate appropriate monitoring; control; and 214
safety features, including alarms; dosage controls; fail-safe 215
shutdown mechanisms; and provisions to prevent contamination or 216
backflow into the potable water supply. 217
Section 4. Section 386.303, Florida Statutes, is created 218
to read: 219
386.303 Registration; reporting; recordkeeping.— 220
(1) REGISTRATION.—Before initial operation, and upon any 221
change in ownership, the owner of a cooling tower water system, 222
domestic water holding tank, or supplemental disinfection system 223
shall register each of his or her cooling tower water systems, 224
domestic water holding tanks, or supplemental disinfection 225

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 10 of 27
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

systems with the department using a statewide electronic system 226
designated by the department. The registration system must 227
require, at a minimum, all of the following information: 228
(a) The street address of the building at which the 229
cooling tower is located. 230
(b) The name, address, telephone number, and e-mail 231
address of each cooling tower owner. 232
(c) The total number of cooling towers, domestic water 233
holding tanks, or supplemental disinfection systems. 234
(d) The name of the manufacturer of the system. 235
(e) The model number of the system. 236
(f) The specific unit serial number of the system, if 237
available. 238
(g) The cooling capacity of the cooling tower in tons, the 239
volume of the domestic water holding tank in gallons, and the 240
total gallons treated yearly for the supplemental disinfection 241
system. 242
(h) The volume of the cooling tower water system, 243
inclusive of any piping, basin, or sump. 244
(i) The intended use of the cooling tower. 245
(j) Whether systematic disinfection in accordance with s. 246
386.307 is maintained manually, through timed injection, or 247
through continuous delivery. 248
(k) Whether maintenance is performed by an employee, a 249
contractor, or another party. 250

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 11 of 27
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

(l) The year the cooling tower was placed into service. 251
(2) REPORTING.— 252
(a) Beginning July 1, 2027, a cooling tower, domestic 253
water holding tank, or supplemental disinfection system owner 254
shall report through the statewide electronic system all of the 255
following information to the department at least every 90 days 256
while the cooling tower, domestic water holding tank, or 257
supplemental disinfection system is in use: 258
1. The date of the last bacteriological culture sample 259
collection, the results of the analysis, and the designated due 260
date of any remedial action that is required pursuant to s. 261
386.304(2)(a). 262
2. The date of the last Legionella culture sample 263
collection, the results of the sample analysis, and the date 264
that any remedial action was taken as required by s. 265
386.304(2)(b)-(e). 266
3. The date of the last compliance inspection performed 267
pursuant to s. 386.308 and the resulting standardized inspection 268
report. 269
4. The date of the lowest daily cycles of concentration 270
recorded, and the target number of cycles. 271
5. The average daily make-up water volume and blowdown 272
water volume. 273
6. The percentage of make-up water that is delivered to 274
the cooling tower versus the blowdown water volume. 275

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 12 of 27
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 date of most recent certification pursuant to s. 276
386.308. 277
8. The date of removal or permanent discontinuation of use 278
of the cooling tower, if applicable. 279
9. Any other information deemed necessary by the 280
department. 281
(b) If a landlord and a tenant are considered to be owners 282
of a cooling tower, as defined in s. 386.302, only one of the 283
parties is required to register the cooling tower. However, both 284
parties are responsible for ensuring that registration and 285
reporting are completed as required by this part. 286
(3) STATEWIDE SYSTEM.— 287
(a) The department shall make the data in the statewide 288
electronic system: 289
1. Publicly available, as appropriate. 290
2. Fully accessible to and searchable by county health 291
departments. 292
(b) This part does not prohibit a county health department 293
or the Department of Agriculture and Consumer Services from 294
requiring registration with and reporting to a county system or 295
collecting fees associated with the administration of such a 296
system. 297
(c) The department shall provide owners with a mobile data 298
collection platform that is compatible with Android and Apple 299
devices and that electronically collects, and allows owners to 300

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 13 of 27
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

electronically submit, the information required by this part. 301
(4) RECORDKEEPING.—A cooling tower owner shall: 302
(a) Maintain for at least 3 years all of the following 303
records: 304
1. Required sampling and analyses. 305
2. Disinfection schedules and applications. 306
3. Inspection findings, deficiencies, and corrective 307
actions. 308
4. Required certifications. 309
(b) Maintain on the premises of the cooling tower a copy 310
of the current maintenance program and plan required by this 311
part. 312
(c) Make the records and plan required under this 313
subsection immediately available to the department or county 314
health department upon request. 315
Section 5. Section 386.304, Florida Statutes, is created 316
to read: 317
386.304 Maintenance program and plan.— 318
(1) The owner of a cooling tower shall: 319
(a) By September 1, 2027, develop or update a maintenance 320
program and plan for each existing cooling tower which must be 321
consistent with section 7.2 of ANSI/ASHRAE Standard 188-2018, 322
Legionellosis: Risk Management for Building Water Systems. 323
(b) After September 1, 2027, maintain such a maintenance 324
program and plan for each newly installed cooling tower. 325

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 14 of 27
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

(2) The maintenance program and plan must include all of 326
the following elements: 327
(a) A schedule for routine bacteriological culture 328
sampling and analysis to assess microbiological activity. The 329
sampling and analysis must be conducted at intervals of not more 330
than 28 days while the cooling tower is in use and must require 331
additional bacteriological culture sampling and analysis, as 332
needed, to validate process adjustments. 333
(b) A schedule for routine Legionella culture sampling and 334
analysis within 14 days after startup and, thereafter, while the 335
cooling tower is in use, at monthly intervals. Cooling towers in 336
use year-round must conduct sampling and analysis at intervals 337
of not more than 30 days and within 2 weeks after startup 338
following maintenance. 339
(c) A procedure for achieving water efficiency by 340
maintaining a minimum of three cycles of concentration using 341
automatic conductivity control or for estimating the percentage 342
of water savings through the installation of water meters on 343
make-up and blowdown lines. 344
(d) A requirement that, in addition to development of the 345
routine Legionella culture sampling and analysis schedule 346
required by paragraph (b), immediate Legionella culture sampling 347
and analysis be conducted in the event of any of the following: 348
1. A mechanical breakdown of the cooling tower water 349
system for more than 72 hours. 350

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 15 of 27
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

2. A power failure affecting the cooling tower system for 351
more than 72 hours. 352
3. A loss of biocide treatment of the cooling tower system 353
for more than 72 hours. 354
4. Failure of conductivity control or any other control 355
methods for more than 72 hours. 356
5. A determination by the department or a county health 357
department that one or more cases of legionellosis are or may be 358
associated with the cooling tower, based on epidemiologic data 359
or laboratory testing. 360
6. Any other conditions specified by the department or a 361
county health department. 362
(e) A requirement that an owner take immediate and 363
appropriate action, including remedial action, in response to a 364
bacteriological or Legionella culture analysis. For 365
bacteriological analysis results, the response must include, but 366
need not be limited to, taking action as required by s. 367
386.305(2). For Legionella culture analysis results, the 368
response must include, but need not be limited to, taking action 369
as required by s. 386.305(3) and contacting the county health 370
department as required by s. 386.306. 371
(f) A requirement that any Legionella culture analyses be 372
performed pursuant to s. 386.305(1). 373
(g) A shutdown and disinfection plan for removing or 374
permanently discontinuing use of a cooling tower. 375

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 16 of 27
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

(h) Requirements for treatment and manual or automated 376
flushing of any piping, basin, sump, or wetted surface during 377
idle conditions. 378
Section 6. Section 386.305, Florida Statutes, is created 379
to read: 380
386.305 Culture analyses.— 381
(1) LABORATORY REQUIREMENTS.—A culture analysis must be 382
performed by an environmental laboratory certified pursuant to 383
s. 403.0625 which is approved to perform such an analysis. 384
(2) INTERPRETATION OF BACTERIOLOGICAL ANALYSIS RESULTS 385
FROM COOLING TOWERS.— 386
(a) Level 1.—Samples with a culture result that is less 387
than 10,000 colony-forming units per milliliter (CFU/mL). The 388
cooling tower owner shall maintain the treatment program and 389
bacteriological monitoring in accordance with the cooling 390
tower's maintenance program and plan. 391
(b) Level 2.—Samples with a culture result that is greater 392
than or equal to 10,000 CFU/mL but less than 100,000 CFU/mL. The 393
cooling tower owner shall do all of the following until the 394
water sample culture results meet the Level 1 criteria: 395
1. Review the treatment program. 396
2. Initiate immediate disinfection by increasing biocide 397
concentration or using a different biocide within 24 hours after 398
receiving the analysis results. 399
3. Retest the water within 3 to 7 days after receiving the 400

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 17 of 27
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

analysis results. 401
(c) Level 3.—Samples with a culture result that is greater 402
than or equal to 100,000 CFU/mL but less than 1,000,000 CFU/mL. 403
The cooling tower owner shall do all of the following until the 404
water sample culture results meet the Level 1 criteria: 405
1. Review the treatment program and provide notification 406
as required by s. 386.306. 407
2. Increase biocides within 24 hours after receiving the 408
analysis results. 409
3. Perform a visual inspection to evaluate the need to 410
perform cleaning and additional disinfection. 411
4. Retest the water within 3 to 7 days after receiving the 412
analysis results. 413
(d) Level 4.—Samples with a culture result that is greater 414
than or equal to 1,000,000 CFU/mL. The cooling tower owner shall 415
do all of the following until the water sample culture results 416
meet the Level 1 criteria: 417
1. Review the treatment program and provide notification 418
as required by s. 386.306. 419
2. Increase biocides within 2 hours after receiving the 420
analysis results. 421
3. Within 48 hours after receiving the analysis results, 422
perform remediation of the tower by hyper halogenating, 423
cleaning, and flushing the tower. 424
4. Retest the water within 3 to 7 days after receiving the 425

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 18 of 27
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

analysis results. 426
(3) INTERPRETATION OF LEGIONELLA CULTURE RESULTS FROM 427
COOLING TOWERS.— 428
(a) Level 1.—Legionella culture sample results of less 429
than 20 CFU/mL. The cooling tower owner shall maintain the 430
treatment program and monitoring in accordance with the 431
maintenance program and plan for the cooling tower. 432
(b) Level 2.—Legionella culture sample results of more 433
than or equal to 20 CFU/mL but less than 1,000 CFU/mL. The 434
cooling tower owner shall do all of the following until the 435
water sample culture results meet the Level 1 criteria: 436
1. Review the treatment program. 437
2. Perform immediate online disinfection. 438
3. Retest the water within 3 to 7 days after receiving the 439
analysis results. 440
a. If the retest indicates a presence of Legionella of 441
more than or equal to 20 CFU/mL but less than 100 CFU/mL, the 442
cooling tower owner must repeat the online disinfection. 443
b. If the subsequent retest indicates a presence of 444
Legionella of more than or equal to 100 CFU/mL but less than 445
1,000 CFU/mL, the cooling tower owner must further investigate 446
the water treatment program and immediately perform online 447
disinfection. 448
(c) Level 3.—Legionella culture sample results of more 449
than or equal to 1,000 CFU/mL. The cooling tower owner shall do 450

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 19 of 27
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

all of the following until the water sample culture results meet 451
the Level 1 criteria: 452
1. Review the treatment program. 453
2. Provide notification as required by s. 386.306. 454
3. Institute immediate system decontamination. 455
4. Retest the water within 3 to 7 days after receiving the 456
analysis results. 457
a. If the retest indicates a presence of Legionella of 458
more than or equal to 20 CFU/mL but less than 1,000 CFU/mL, the 459
cooling tower owner must take the actions required under 460
paragraph (b). 461
b. If the subsequent retest indicates a presence of 462
Legionella of more than or equal to 1,000 CFU/mL, the owner must 463
perform system decontamination. 464
Section 7. Section 386.306, Florida Statutes, is created 465
to read: 466
386.306 Notification.—A cooling tower owner shall: 467
(1) Notify the county health department within 24 hours 468
after receiving a Legionella water sample culture result that 469
exceeds 1,000 colony-forming units per milliliter. The county 470
health department shall notify the department within 24 hours 471
after receiving such a report. 472
(2) Notify the public of such test results in a manner 473
determined by the county health department or, at the discretion 474
of the department, by the department. 475

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 20 of 27
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

Section 8. Section 386.307, Florida Statutes, is created 476
to read: 477
386.307 Cooling tower standards.— 478
(1) DISINFECTION.— 479
(a) A person who disinfects a cooling tower must be a 480
commercial applicator or a certified applicator as defined in s. 481
487.021 who is licensed to apply biocide in a cooling tower and 482
who is certified in accordance with the requirements of the 483
Florida Pesticide Law, or be an apprentice who is under the 484
direct supervision of a licensed applicator, as defined in s. 485
487.021. 486
(b) The cooling tower owner shall maintain the name and 487
certification number of the applicator who disinfects the 488
cooling tower under paragraph (a) or the business name and 489
number of the company providing onsite disinfection. 490
(c) Only biocide products registered by the Department of 491
Environmental Protection for use in cooling towers or pesticidal 492
devices produced in an establishment registered by the 493
Environmental Protection Agency may be used to disinfect a 494
cooling tower. 495
(2) EFFICIENCY.— 496
(a) Each cooling tower owner shall install make-up and 497
blowdown meters on each of his, her, or its cooling towers to 498
monitor the total volume of water used by the cooling tower and 499
shall ensure that the cooling tower has an automatic 500

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 21 of 27
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

conductivity controller, a high-efficiency drift eliminator, and 501
an overflow alarm to prevent overflow of the sump in case of 502
make-up water valve failure. The overflow alarm must provide an 503
alert through an energy management control system to the cooling 504
tower operators in the event of an overflow of the sump. 505
(b) All cooling towers must achieve at least eight cycles 506
of concentration using automatic conductivity control. 507
(c) The efficiency of the cooling tower water system must 508
be measured by the percentage of water that is delivered to the 509
cooling tower versus the blowdown water volume. 510
(d) If the local water utility supplies water to the 511
property, water meters must meet the requirements of the 512
utility. 513
Section 9. Section 386.308, Florida Statutes, is created 514
to read: 515
386.308 Compliance inspection and certification.— 516
(1) COMPLIANCE INSPECTION.— 517
(a) Each cooling tower owner shall ensure that each of 518
his, her, or its cooling towers is inspected before initial 519
startup and at intervals of not more than every 90 days while in 520
use. 521
(b) A compliance inspection must be performed by a 522
qualified person who is unaffiliated with the water treatment 523
company; a professional engineer licensed in this state; an 524
industrial hygienist; a water technologist; or an environmental 525

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 22 of 27
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

consultant, any of whom must have training and experience in 526
performing inspections in accordance with current standard 527
industry protocols, including, but not limited to, ANSI/ASHRAE 528
Standard 188-2018, Legionellosis: Risk Management for Building 529
Water Systems. 530
(c) Each compliance inspection must include an evaluation, 531
on a standardized inspection form created by the department, of 532
all of the following: 533
1. The cooling tower and associated equipment for the 534
presence of organic material, biofilm, algae, debris, and other 535
visible contaminants. 536
2. The general condition of the cooling tower basin, 537
remote sump, packing material, and drift eliminators. 538
3. The water make-up connections and control, including 539
backflow protection or air gaps, as needed. 540
4. Whether the conductivity control and the make-up and 541
blowdown meters are functioning properly. 542
5. Whether the water treatment equipment, including, but 543
not limited to, pumps, timers, valves, and strain gauges, are 544
functioning properly. 545
(d) Information collected during compliance inspections 546
must be collected and entered into the department's mobile data 547
collection platform, must include the standardized inspection 548
form, and must be submitted to the registration portal by a 549
qualified person as specified in paragraph (b). 550

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 23 of 27
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

(e) The person performing the inspection shall report any 551
deficiencies found to the owner so that corrective action may be 552
taken and document all completed corrective actions using the 553
department's mobile data collection platform. 554
(2) CERTIFICATION.—By November 1, 2026, and by each 555
November 1 thereafter, a cooling tower owner shall obtain an 556
annual certification from a qualified person which certifies 557
that a maintenance program and plan is in place for the cooling 558
tower and that all actions required under that plan and this 559
part have been taken, including, but not limited to, all of the 560
following: 561
(a) All required bacteriological culture sampling and 562
analyses. 563
(b) All Legionella culture sampling and analyses, 564
including any immediate Legionella culture sampling and analyses 565
performed pursuant to s. 386.304(2)(d) and (e). 566
(c) Any disinfection performed pursuant to the standards 567
specified in s. 386.307(1). 568
(d) All compliance inspections performed pursuant to 569
subsection (1). 570
(3) REPORTING.—All inspection findings, deficiencies, 571
corrective actions, and certifications must be reported to the 572
department and maintained by the owner as required by s. 573
386.303. 574
Section 10. Section 386.309, Florida Statutes, is created 575

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 24 of 27
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

to read: 576
386.309 Enforcement.— 577
(1) The department or a county health department may 578
require an owner to conduct Legionella culture sampling and 579
analysis following a determination, based on epidemiologic data 580
or laboratory testing, that one or more cases of legionellosis 581
are or may be associated with a cooling tower. 582
(2) An officer, employee, or agent of the department or 583
the county health department may enter onto any property to 584
inspect a cooling tower for compliance with this part and may 585
take water samples as part of such inspections. Such inspections 586
must be conducted as provided in s. 487.071. 587
(3) If an owner fails to register a cooling tower, develop 588
and maintain a maintenance program and plan for a cooling tower, 589
obtain certification for a cooling tower, disinfect a cooling 590
tower, perform or obtain required culture sampling and analysis, 591
or conduct inspections of a cooling tower as required in this 592
part, the department or the county health department may 593
determine that such failure constitutes a nuisance pursuant to 594
this chapter. 595
(4) An owner who violates this part is subject to civil 596
and criminal penalties as provided in s. 386.051. Each day that 597
an owner remains in violation of this part constitutes a 598
separate offense. 599
(5) The State Surgeon General shall submit a report to the 600

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 25 of 27
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

President of the Senate and the Speaker of the House of 601
Representatives by each January 1 which includes all of the 602
following information: 603
(a) For the prior year: 604
1. The number of new cooling tower registrations issued 605
and the number of notifications of discontinued use of a cooling 606
tower received by the department pursuant to s. 386.303 as of 607
November 1. 608
2. The number of annual certifications that a cooling 609
tower was inspected, tested, cleaned, and disinfected received 610
by the department pursuant to s. 386.308 as of November 1. 611
3. The number of reports of tests for the presence of 612
Legionella which reported levels above 1,000 CFU/mL received by 613
the department. 614
4. The number of inspections of cooling towers conducted 615
by the department, or a county health department on behalf of 616
the department, along with the number and types of any 617
violations cited during such inspections. 618
5. The number of cleanings, disinfections, or other 619
actions performed by or on behalf of the department. 620
6. The number of persons diagnosed with legionellosis in 621
this state to the extent known or reasonably discoverable by the 622
department. 623
(b) Recommendations as to whether department rules should 624
be amended to include requirements for any of the building water 625

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 26 of 27
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

systems described in ANSI/ASHRAE Standard 188-2018, 626
Legionellosis: Risk Management for Building Water Systems. 627
(c) Information regarding the implementation of any such 628
requirements, their effectiveness in preventing outbreaks of 629
legionellosis, and recommendations for improvements or 630
modifications to department rules to further the control of 631
Legionella. 632
Section 11. Section 386.3101, Florida Statutes, is created 633
to read: 634
386.3101 Waivers.—The department may issue a written 635
general or specific waiver with respect to this part if the 636
department determines that such waiver will not present a danger 637
to public health. The department may revoke the waiver upon a 638
determination that the waiver may present a danger to public 639
health. 640
Section 12. Until December 31, 2027, an owner may submit a 641
written application to a county health department for a variance 642
from any requirement of this part for additional time to come 643
into compliance with this act. A variance may not exceed 90 644
days. The application must include an explanation as to why the 645
variance will not present a danger to public health. With the 646
approval of the Department of Health, the county health 647
department may approve such application for a variance in 648
writing, subject to any conditions that the department or county 649
health department may deem appropriate to protect public health. 650

HB 1377 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1377-00
Page 27 of 27
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

The department or the county health department may revoke a 651
variance upon a determination that the variance may present a 652
danger to public health. 653
Section 13. This act shall take effect July 1, 2026. 654