Regulation of Public Swimming Pools and Bathing Places

Florida Senate
-
2026

SB 1200

By
Senator Massullo

11-00839-26 20261200__
1 A bill to be entitled
2 An act relating to regulation of public swimming pools
3 and bathing places; amending s. 514.0115, F.S.;
4 providing that, notwithstanding an exemption from
5 supervision or regulation, certain pools are subject
6 to annual inspections by the Department of Health to
7 ensure compliance with specified standards; providing
8 the Public Swimming Pool and Spa Technical Committee
9 with the sole authority to review and approve certain
10 variances; amending s. 514.021, F.S.; requiring the
11 committee, rather than the department, to adopt
12 certain rules for the operation of public swimming
13 pools and public bathing places; making conforming
14 changes; deleting a requirement that the department
15 provide technical assistance to the Florida Building
16 Commission in updating certain construction standards;
17 amending s. 514.025, F.S.; requiring certain
18 department and county health department employees to
19 obtain the Florida Public Pool Specialist
20 Certification within a specified timeframe; requiring
21 that such certification be renewed every 5 years and
22 maintained as long as the employees are assigned to
23 specified duties; providing that the department or the
24 county health department, as applicable, bears the
25 cost of such employee certifications; amending s.
26 514.028, F.S.; deleting a certain advisory review
27 board and replacing it with the Public Swimming Pool
28 and Spa Technical Committee; providing for meetings
29 and membership of the committee; requiring the
30 committee to hold public workshops for the development
31 of certain rules; providing notice requirements for
32 such workshops; providing purposes of the committee;
33 providing for reimbursement of travel expenses for
34 committee members; amending s. 514.03, F.S.;
35 conforming a cross-reference; prohibiting the
36 department and county health departments from
37 requiring engineered plans for or re-engineering of
38 swimming pools, spa pools, wading pools, or
39 interactive water features to be submitted for
40 equipment replacements if certain conditions are met;
41 providing that pool/spa contractors performing the
42 equipment replacement are responsible for making
43 certain certifications; amending s. 514.031, F.S.;
44 revising application requirements for public swimming
45 pool operating permits; providing an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Subsections (2), (3), and (9) of section
50 514.0115, Florida Statutes, are amended to read:
51 514.0115 Exemptions from supervision or regulation;
52 variances.—
53 (2)(a) Pools serving no more than 32 condominium or
54 cooperative units which are not operated as a public lodging
55 establishment
are

shall be
exempt from supervision under this
56 chapter, except for
supervision necessary to ensure
water
57 quality
and an annual inspection to ensure compliance with

58
sanitary and entrapment standards, including, but not limited

59
to, all of the following standards:

60
1.

Pools must comply with the federal Virginia Graeme Baker

61
Pool and Spa Safety Act.

62
2.

Pools must be operated at the designed flow rate.

63
3.

A pool’s filtration system must have capacity equal to

64
or greater than the originally designed filter capacity, use the

65
same filter media as originally designed, and be operated as

66
originally designed, either as suction or pressure
.
67 (b) Pools serving condominium or cooperative associations
68 of more than 32 units and whose recorded documents prohibit the
69 rental or sublease of the units for periods of less than 60 days
70 are exempt from supervision under this chapter, except that the
71 condominium or cooperative owner or association must file
72 applications with the department and obtain construction plans
73 approval and receive an initial operating permit. The department
74 shall inspect the swimming pools at such places annually, at the
75 fee set forth in s. 514.033(3), or upon request by a unit owner,
76 to determine compliance with department rules relating to water
77 quality and lifesaving equipment
, compliance with the federal

78
V
irginia Graeme Baker Pool and Spa Safety Act
, and whether the

79
pool is being operated at the designed and permitted flow rate

80
and its filtration system is in place and being operated as

81
originally engineered and permitted
. The department may not
82 require compliance with rules relating to swimming pool
83 lifeguard standards.
84 (3) Pools serving homeowners’ associations and other
85 property associations which have no more than 32 units or
86 parcels and are not operated as public lodging establishments
87 are exempt from supervision under this chapter, except
that such

88
pools are
subject to ss. 514.05 and 514.06
and

for
supervision
89 necessary to ensure water quality and compliance with s.
90 514.0315
,
and
sanitary and entrapment standards.

The department

91
shall inspec
t swimming pools at such places annually to
ensure

92
compliance with the sanitary and entrapment standards,

93
including, but not limited to, all of the following standards:

94
(a)

Pools must comply with the
federal Virginia Graeme

95
Baker 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

98
or greater than the originally designed filter capacity, use the

99
same filter media as originally designed, and be operated as

100
originally 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
103 adopted under this chapter pursuant to procedures adopted by
104 department rule. The department may also grant, pursuant to
105 procedures adopted by department rule, variances from the
106 provisions of the Florida Building Code specifically pertaining
107 to public swimming pools and bathing places when requested by
108 the pool owner or the pool owner’s representative to relieve
109 hardship in cases involving deviations from the Florida Building
110 Code provisions, when it is shown that the hardship was not
111 caused intentionally by the action of the applicant, where no
112 reasonable alternative exists, and the health and safety of the
113 pool patrons is not at risk.
The
Public Swimming Pool and Spa

114
Technical Committee
established under s. 514.028 has the sole

115
authority within the department to review and approve variances

116
under this section.

117 Section 2. Section 514.021, Florida Statutes, is amended to
118 read:
119 514.021 Department authorization.—
120 (1)
The Public Swimming Pool and Spa Technical Committee

121
established under s. 514.028 shall adopt and
the department
122
shall

may adopt
and
enforce rules
for the operation of public

123
swimming pools and public bathing places
, including

to protect

124
the health, safety, or welfare of person
s by
setting sanitation
125 and 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
128 safety standards
are

shall be
limited to matters relating to
129 source of water supply; microbiological, chemical, and physical
130 quality of water in the pool or bathing area;
and

method of

131
water purification, treatment, and disinfection;
lifesaving
132 apparatus
; and measures to ensure safety of bathers
.
133 (2)
T
he Public Swimming Pool
and
Spa Technical Committee or

134 the department may not establish by rule any regulation
135 governing the design, alteration, modification, or repair of
136 public 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 c
ommittee or
the department may not
139 adopt by rule any regulation governing the construction,
140 erection, or demolition of public swimming pools and bathing
141 places. It is the intent of the Legislature to preempt those
142 functions to the Florida Building Commission through adoption
143 and 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
147 the authority of the
committee to adopt and the
department to
148
adopt and
enforce appropriate sanitary regulations and
149 requirements as authorized in subsection (1).
150 Section 3. Subsection (4) is added to section 514.025,
151 Florida Statutes, to read:
152 514.025 Assignment of authority to county health
153 departments.—
154
(4) Department and county health department employees

155
assigned to the inspection and regulation of public swimming

156
pools, spas, or bathing facilities must, within 60 days
after

157
employment or assignment to the inspection and regulation of

158
public swimming pools, spas, or bathing facilities, obtain the

159
Florida Public Pool Specialist Certification
developed by the

160
Florida Swimming Pool Association and approved by the

161
department
.
The certification must be renewed every 5 years, and

162
e
mployees
must
maintain this certification for as long as they

163
are assigned to the inspection and regulation of public swimming

164
pools, spas, or bathing facilities. The department or county

165
health department
, as applicable,
shall bear the cost of

166
certification
, including certification renewals,
of employees

167
under this
sub
section.

168 Section 4. Section 514.028, Florida Statutes, is amended to
169 read:
170 514.028
Public Swimming Pool and Spa Technical Committee

171
Advisory review board
.—
172 (1) The Governor shall appoint
the
Public Swimming Pool and

173
Spa Technical Committee
,

an advisory review board
which shall
174 meet as necessary
and

or
at least
bimonthly

quarterly
, to
review

175
and 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 s
wimming pool/spa servicing contractor
s

A

183
representative from the county health departments
.
184 (c)
T
wo professional engineers, licensed and practicing in

185
this state

Three representatives from the swimming pool

186
construction industry
.
187 (d)
Two representatives

A representative
from the public
188 lodging industry.
189
(e) A representative from a county or local building

190
department.

191 (2)
Notwithstanding s
.
120.54, the
c
ommittee shall hold a

192
public workshop
to develop
each rule proposed under s. 514.021

193
and provide a notice of rule development
at least 45 days before

194
the date on which the workshop is scheduled to be
held
. In

195
addition, each notice of proposed rule must be published in the

196
Florida Administrative Register at least 45 days before the

197
intended 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
c
ommittee
is
to
:

208
(a
)

Consider and adopt modifications to rules for the

209
operation of public swimming pools and public bathing places

210
pursuant to s. 514.021(1)
; and

211
(b)

R
eview and act on variance applications
under
s.

212
514.0115.

213
(4)
Members shall be reimbursed for travel expenses
214 incurred in connection with service on the
committee

advisory

215
review board
pursuant to s. 112.061.
216 Section 5. Subsection (1) of section 514.03, Florida
217 Statutes, is amended, and subsection(3) is added to that
218 section, to read:
219 514.03 Approval necessary to construct, develop, or modify
220 public swimming pools or public bathing places.—
221 (1) A person or public body desiring to construct, develop,
222 or modify a public swimming pool must submit an application,
223 containing 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
225 before filing an application for a building permit under s.
226 553.79. A copy of the final inspection required under s.
227 514.031(1)(a)5. shall be submitted to the department upon
228 receipt by the applicant. The application shall be deemed
229 incomplete pursuant to s. 120.60 until such copy is submitted to
230 the department.
231
(3)
The department or county health department
may
not

232
require engineered plans
for
or re-engineering of a
swimming

233
pool,
a
spa pool,
a
wading pool, or
an
interactive water feature

234
to be submitted for equipment replacements
if

such
replacement

235
equipment meets
the
originally

designed flow, filtration, and

236
sanitation specifications, regardless of
the
equipment type,

237
make, or model. The pool
/
spa contractor
, as defined in
s.

238
489.105(3)(j),

(k), or (l)
,
performing the equipment replacement

239
is
responsible for certifying that the replacement meet
s the

240
originally

designed flow, filtration, and sanitation

241
specifications of the swimming pool, spa pool, wading pool, or

242
interactive water feature.

243 Section 6. Subsection (1) of section 514.031, Florida
244 Statutes, is amended to read:
245 514.031 Permit necessary to operate public swimming pool.—
246 (1) It is unlawful for any person or public body to operate
247 or continue to operate any public swimming pool without a valid
248 permit from the department, such permit to be obtained in the
249 following manner:
250 (a) Any person or public body desiring to operate any
251 public swimming pool
must

shall
file an application for an
252 operating permit with the department, on application forms
253 provided by the department, and
must

shall
accompany such
254 application with:
255 1. A description of the structure, its appurtenances, and
256 its operation.
257 2. A description of the source or sources of water supply,
258 and the amount and quality of water available and intended to be
259 used.
260 3. The method and manner of water purification, treatment,
261 disinfection, and heating.
262 4. The safety equipment and standards to be used.
263 5. A copy of the final inspection from the local
264 enforcement 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
268 additional information due to an incomplete application for an
269 operating permit pursuant to s. 120.60. Upon receipt of an
270 application, whether complete or incomplete, as required in s.
271 514.03 and as set forth under this section, the department shall
272 review and provide to the local enforcement agency and the
273 applicant any comment or proposed modifications on the
274 information received pursuant to subparagraphs
(a)1.-5.

(a)1.-6.

275 (c)
The department shall grant the application for permit,

276
unless

If
the department determines
by clear and convincing

277
evidence
that the public swimming pool
will not

is or may

278
reasonably be expected to
be operated in compliance with this
279 chapter and the rules adopted hereunder
, the department shall

280
grant the application for permit
.
281 (d) If the department determines that the public swimming
282 pool does not meet the provisions outlined in this chapter or
283 the rules adopted hereunder, the department
must

shall
deny the
284 application for a permit pursuant to
the provisions of
chapter
285 120. Such denial
must

shall
be in writing and
must

shall
list
286 the circumstances for the denial. Upon correction of such
287 circumstances, an applicant previously denied permission to
288 operate a public swimming pool or bathing place may reapply for
289 a permit.
290 Section 7. This act shall take effect July 1, 2026.