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Florida Senate
-
2026
SB 1654
By
Senator Simon
3-01591A-26 20261654__
1 A bill to be entitled
2 An act relating to cooling towers; creating part III
3 of ch. 386, F.S., entitled “Water Safety for Cooling
4 Towers, Water Storage Tanks, and Supplemental
5 Disinfection Systems”; creating s. 386.301, F.S.;
6 providing legislative purpose and intent; creating s.
7 386.302, F.S.; defining terms; creating s. 386.303,
8 F.S.; requiring owners of cooling towers to register
9 their cooling tower, domestic water tank, or
10 supplemental disinfection water system with the
11 Department of Health; providing minimum requirements
12 for the registration system; requiring owners of
13 cooling towers, domestic water holding tanks, or
14 supplemental disinfection systems to report, beginning
15 on a specified date, specified information to the
16 department; requiring either a landlord or tenant, but
17 not both, to register the cooling tower under certain
18 circumstances; providing registration
19 responsibilities; requiring the department to maintain
20 and provide methods for collecting data in a specified
21 way; requiring owners of cooling towers to maintain
22 certain records for a specified timeframe; requiring
23 that a copy of the cooling tower’s maintenance program
24 and plan be kept on the cooling tower premises;
25 requiring cooling tower owners to make certain records
26 and plans immediately available to the department or
27 county health department upon request; creating s.
28 386.304, F.S.; requiring owners of cooling towers to
29 develop or update a maintenance program and plan for
30 existing and newly installed cooling towers by a
31 specified date; providing requirements for the
32 maintenance programs and plans; creating s. 386.305,
33 F.S.; requiring that certain culture analyses be
34 conducted by certified environmental laboratories;
35 providing requirements for interpreting the results of
36 bacteriological and
Legionella
culture analyses;
37 creating s. 386.306, F.S.; requiring owners of cooling
38 towers to provide notification to the county health
39 department and the public within a specified timeframe
40 under specified circumstances; requiring the county
41 health department, or the department at its
42 discretion, to determine the manner of certain
43 notifications; creating s. 386.307, F.S.; requiring
44 that persons conducting disinfections possess certain
45 qualifications; requiring owners of cooling towers to
46 maintain certain information related to the applicator
47 who disinfects the tower; specifying the types of
48 products that may be used during a disinfection;
49 providing cooling tower efficiency standards; creating
50 s. 386.308, F.S.; requiring owners of cooling towers
51 to have their cooling towers inspected before initial
52 startup, and at specified intervals thereafter;
53 providing compliance inspection requirements;
54 requiring that information collected during compliance
55 inspection be collected and entered into the
56 department’s mobile data collection platform and
57 submitted to the registration portal; requiring
58 persons conducting inspections to report deficiencies
59 to the owner for corrective action; requiring initial
60 and annual certification of cooling towers by a
61 specified date; providing requirements for
62 certification; requiring that all inspection findings,
63 deficiencies, corrective actions, and certifications
64 be reported to the department and maintained by the
65 owner; creating s. 386.309, F.S.; authorizing the
66 department or a county health department to require an
67 owner to conduct a
Legionella
culture sampling and
68 analysis under certain circumstances; authorizing an
69 officer, employee, or agent of the department or
70 county health department to enter a property and take
71 water samples to inspect a cooling tower; authorizing
72 the department or county health department to
73 determine that certain actions by the owner of a
74 cooling tower constitute a nuisance; providing for
75 civil and criminal penalties; requiring the State
76 Surgeon General to submit a report to the Legislature
77 by a specified date; providing requirements for the
78 report; creating s. 386.3101, F.S.; authorizing the
79 department to issue certain written waivers if such
80 waiver does not present a danger to the public health;
81 authorizing the department, upon a certain
82 determination, to revoke such waiver; authorizing
83 owners, until a specified date, to apply to a county
84 health department for a variance under certain
85 circumstances; providing requirements for such
86 variances; authorizing the department, upon a certain
87 determination, to revoke such variance; providing an
88 effective date.
89
90 Be It Enacted by the Legislature of the State of Florida:
91
92 Section 1.
Par
t III of chapter 386, Florida Statutes,
93
consisting of ss. 386.301-386.3
101
, Florida Statutes,
is created
94
and
entitled “
Water Safety for Cooling Towers, Water Storage
95
Tanks, and Supplemental Disinfection Systems
.”
96 Section 2. Section 386.301, Florida Statutes, is created to
97 read:
98
386.30
1
Legislative purpose and intent
.—The purpose
and
99
intent
of this part is to protect people from the health hazards
100
of
Legionella
, a
bacterium
known to
originate in
improperly
101
sanitized cooling towers
, domestic water holding tanks, and
102
building piping systems
.
103 Section 3. Section 386.302, Florida Statutes, is created to
104 read:
105
386.302 Definitions.—As used in this part, the term:
106
(1)
“Bacteriological culture sampling and analysis” means
107
the collection of a water sample for the purpose of measuring
108
the live culture growth of aerobic bacterial populations using
109
heterotrophic plate count, dip slides, or a similar method
110
employed by the industry in accordance with the manufacturer’s
111
directions for use.
112
(2)
“Building,” unless otherwise expressly indicated by the
113
text, means all or part of a structure, premises, or lot which
114
is used or is intended to support or shelter
an occupant
.
115
(3)
“Cleaning” means physical, mechanical
,
or
other method
116
of
removal of biofilm, scale, debris, rust, other corrosion
117
products, sludge, algae, or other potential sources of
118
contamination.
119
(4)
“Compliance inspection” means the inspection, testing,
120
and other activities required on a regular basis in accordance
121
with s. 386.308 by the Department of Agriculture
and Consumer
122
Services
.
123
(5)
“Cooling tower” means an evaporative condenser, a fluid
124
cooler, or other wet cooling device that is capable of
125
aerosolizing water
,
that contains or is part of a recirculated
126
water system
,
and that is incorporated into a building’s cooling
127
process, industrial process, refrigeration system, or energy
128
production system.
129
(6)
“Cooling tower cells” means the smallest subdivisions
130
of a tower which can function independently with regard to air
131
and water flow. Each cell may have one or more fans and one or
132
more distribution systems.
133
(7)
“Cooling tower water system” means one or more cooling
134
towers and all of the recirculating water system components,
135
process instruments, and appurtenances through which water flows
136
or comes into contact with chemical applicators, valves, pumps,
137
condensers, heat exchangers, and other related components.
138
(8)
“Corrective action” means disinfection, cleaning,
139
flushing,
and
other activities to remedy biofilm growth,
140
Legionella
proliferation, or other system mechanical problems
141
identified through monitoring, inspections, or other means, as
142
determined by the department.
143
(9)
“Cycles of concentration” means the ratio of make-up
144
water volume to blowdown water volume which may be approximated
145
from the ratio of the conductivity of the blowdown water to the
146
conductivity of the make-up water.
147
(10)
“Department” means the Department of Health.
148
(11)
“Dip slide” means a method to test for microorganisms
149
which consists of a sterile culture medium affixed to a sterile
150
slide that is dipped directly into the sampled liquid.
151
(12)
“Disinfection” means the use of one or more biocides
152
at a defined concentration, under specified conditions, for an
153
established period of time to kill or inactivate pathogenic
154
microorganisms. The term does not include the cleaning of a
155
cooling tower through the application of detergents, penetrants,
156
brushes or other tools, highly pressurized water, or
any
other
157
method that do
es
not involve the use of a pesticide or economic
158
poison as defined in s. 482.021; the use of a pesticide as
159
defined in s. 487.021; or the use of a restricted-use pesticide
160
as defined in s. 487.021.
161
(13)
“Drift eliminator” means a system of baffles which
162
causes separation of entrained water
and is
designed to remove
163
aerosols from cooling tower exhaust.
164
(
14
)
“Domestic water holding tank” means a fixed, enclosed,
165
above-ground or below-ground vessel that is designed,
166
constructed, and installed to store potable water intended for
167
human consumption, household use, or sanitary purposes within a
168
residential or mixed-use occupancy.
169
(1
5
)
“Heterotrophic plate count” means a measure of the
170
concentration of microorganisms that require an external source
171
of organic carbon for growth, including bacteria, yeasts, and
172
mold, in water samples.
173
(1
6
)
“
Legionella
” means the genus of bacteria
commonly
174
found
in aqueous environments, including the recirculated water
175
of cooling tower water system
s
that
are
not properly or
176
regularly maintained.
177
(1
7
)
“
Legionella
culture sampling and analysis” means the
178
collection of a water sample for the measurement of the live
179
culture of
Legionella
involving
the use of specialized media and
180
laboratory methods for growth to determine the species and
181
serogroup.
182
(1
8
)
“Maintenance program and plan” means a written
183
document, developed by a qualified person, which specifies
184
required monitoring, cleaning, disinfection, and other practices
185
for the prevention and control of
Legionella
growth in a cooling
186
tower water system,
and is in
accordance with
sections 5, 6, and
187
7.2 of
ANSI/ASHRAE Standard 188-20
18
, Legionellosis: Risk
188
Management for Building Water Systems and the manufacturer’s
189
instructions.
190
(
19
)
“Owner” means all of the following:
191
(a)
A person, an agent, a firm, a partnership, a
192
corporation, or other legal entity
that has
a legal or equitable
193
interest in, or control of, a cooling tower or the premises of
a
194
cooling tower.
195
(b)
The legal owner of
the
building.
196
(c)
A tenant, if the tenant:
197
1.
Owns a cooling tower that services the tenant’s leased
198
premises; or
199
2.
Does not own the cooling tower but has a lease or
200
contractual arrangement to maintain the cooling tower.
201
(
20
)
“Qualified person” means a professional engineer
202
licensed and registered in this state
, including a
12080
203
Certified -
Legionella
Water Safety
and
Management Specialist;
204
Department of Environmental Protection
l
icense
d
Water Treatment
205
Operator Class
D
or higher
;
a certified industrial hygienist; a
206
certified water technologist; a professional with training and
207
experience in developing management plans and performing
208
inspections in accordance with industry protocols, including,
209
but not limited to, NSF Protocol 453-2017: Cooling Towers –
210
Treatment, Operation, and Maintenance to Prevent Legionellosis;
211
or an environmental consultant who has at least 2 years of
212
operational experience in water management planning and
213
operation.
214
(2
1
)
“Supplemental
d
isinfection
s
ystem” is a permanently
215
installed treatment system designed to provide additional
216
microbial protection for potable water supplied to a residence
217
or residential facility. The system functions as an added
218
barrier to inactivate or remove pathogenic microorganisms that
219
may be present in the incoming water supply or that may
220
proliferate within onsite plumbing, storage, or distribution
221
components. Such systems include,
but are not limited to,
222
chlorine, chlorine dioxide or monochloramine for chlorination or
223
chloramine injection systems,
and
disinfection processes
224
approved for potable water use in
this state
by the Department
225
of Environmental Protection.
Such
s
ystem must be constructed of
226
materials certified for contact with drinking water and designed
227
to operate within the manufacturer’s specified flow, pressure,
228
and water quality parameters. The system
must
be installed in
229
accordance with
all
applicable plumbing, electrical, and public
230
health codes and must incorporate appropriate monitoring,
231
control, and safety features, including alarms, dosage controls,
232
fail-safe shutdown mechanisms, and provisions to prevent
233
contamination or backflow into the potable water supply.
Such
234
systems are intended to enhance microbial safety, reduce the
235
risk of waterborne illness, and maintain disinfectant residual
236
or pathogen inactivation performance throughout the water
237
distribution network.
238 Section 4. Section 386.303, Florida Statutes, is created to
239 read:
240
386.303 Registration; reporting; recordkeeping.—
241
(1)
REGISTRATION.—Before initial operation, and upon any
242
change in ownership, the owner of a cooling tower shall register
243
its
cooling tower
s
, domestic water tank
s
, or supplemental
244
disinfection water systems with the department using a statewide
245
electronic system designated by the department. The registration
246
system must, at a minimum, require all of the following
247
information:
248
(a)
The street address of the building
where
the cooling
249
tower is located.
250
(b)
The name, address, telephone number, and e-mail address
251
of each cooling tower owner.
252
(c)
The total number of cooling towers, tanks, and
253
supplemental disinfection systems.
254
(d)
The name of the manufacturer of the system.
255
(e)
The model number of the system.
256
(f)
The specific unit serial number of the system, if
257
available.
258
(g)
The cooling capacity of the cooling tower in tons,
259
holding tank volume in gallons, and total yearly treated gallon
s
260
for supplemental disinfection systems.
261
(h)
The cooling tower water system volume, inclusive of any
262
piping, basin, or sump.
263
(i)
The intended use of the cooling tower.
264
(j)
Whether systematic disinfection in accordance with s.
265
386.307 is maintained manually, through timed injection, or
266
through continuous delivery.
267
(k)
Whether maintenance is performed by an employee, a
268
contractor, or other party.
269
(l)
The year the cooling tower was placed into service.
270
(2)
REPORTING.—
271
(a)
Beginning July 1, 2027, a cooling tower, domestic water
272
holding tank, or supplemental disinfection system owner shall
273
report through the statewide electronic system all of the
274
following information to the department at least every 90 days
275
while the cooling tower or domestic tank is in use:
276
1.
The date of the last bacteriological culture sample
277
collection, the results of the analysis, and the designated due
278
date of any remedial action required pursuant to s.
279
386.304(2)(
e
).
280
2.
The date of the last
Legionella
culture sample
281
collection, the results of the sample analysis, and the date
282
that any remedial action was taken as required by s.
283
386.304(2)(e).
284
3.
The date of the last compliance inspection performed
285
pursuant to s. 386.308 and the resulting standardized inspection
286
report.
287
4.
The date of the lowest daily cycles of concentration
288
recorded and the target number of cycles.
289
5.
The average daily make-up water volume and blowdown
290
water volume.
291
6.
The percentage of make-up water delivered to the cooling
292
tower versus the blowdown water volume.
293
7.
The date of the most recent certification pursuant to s.
294
386.308.
295
8.
The date of removal or permanent discontinuation of use
296
of the cooling tower, if applicable.
297
9.
Any other information deemed necessary by the
298
department.
299
(b)
If a landlord and tenant are considered to be owners of
300
a cooling tower as defined in s. 386.302, only one of the
301
parties is required to register the cooling tower. However, both
302
parties are responsible for ensuring that registration and
303
reporting are completed as required by this part.
304
(3)
STATEWIDE SYSTEM.—
305
(a)
The department shall make the data in the statewide
306
electronic system:
307
1.
Publicly available, as appropriate; and
308
2.
Fully accessible to and searchable by county health
309
departments.
310
(b)
This part does not prohibit a county health department
311
or the
Department of Agriculture and Consumer Services
from
312
requiring registration with and reporting to a county system or
313
collecting fees associated with the administration of such a
314
system.
315
(c)
The department shall provide owners with a mobile data
316
collection platform that is compatible with Android and Apple
317
devices and that electronically collects, and allows owners to
318
electronically submit, the information required by this part.
319
(4)
RECORDKEEPING.—A cooling tower owner shall:
320
(a) Maintain for at least 3 years all of the following
321
records:
322
1.
Required sampling and analyses.
323
2.
Disinfection schedules and applications.
324
3.
Inspection findings, deficiencies, and corrective
325
actions.
326
4.
Required certifications.
327
(b)
Maintain on the premises of the cooling tower a copy of
328
the current maintenance program and plan required by this part.
329
(c)
Make the records and plan required under this
330
subsection immediately available to the department or county
331
health department upon request.
332 Section 5. Section 386.304, Florida Statutes, is created to
333 read:
334
386.304 Maintenance program and plan.—
335
(1)
T
he owner
of a cooling tower
shall
:
336
(a)
By September 1, 2027,
develop
or update a maintenance
337
program and plan for each
existing cooling tower
which must be
338
consistent
with
section 7.2 of
ANSI/ASHRAE
Standard
188-20
18,
339
Legionellosis
: Risk Management for Building Water Systems
.
340
(b)
After September 1, 2027, maintain such a maintenance
341
program and plan for each newly installed cooling tower.
342
(2)
T
he maintenance program and plan
must
include
all of
343
the following elements:
344
(a)
A schedule for routine bacteriological culture sampling
345
and analysis to assess microbiological activity
. The sampling
346
and analysis must be
conducted
at intervals
of not more than
28
347
days while the cooling tower is i
n use
and
must require
348
additional bacteriological culture sampling and analysis, as
349
needed, to validate process adjustments
.
350
(b)
A schedule for routine
Legionella
culture sampling and
351
analysis within 14 days
after
startup and, thereafter,
while the
352
cooling tower is in use,
at monthly intervals.
For c
ooling
353
towers in use year-round
, the
sampl
ing and analysis
must be
354
conducted
at intervals
of not more than 30 days
and within
2
355
weeks after startup following maintenance
.
356
(c)
A procedure for achieving water efficiency by
357
maintaining a minimum of
3
cycles of concentration using
358
automatic conductivity control or for estimating the percentage
359
of water savings through
the
installation of water meters on
360
make
-
up and blowdown lines.
361
(d)
A requirement that, i
n addition to
development of
the
362
routine
Legionella
culture sampling and analysis
schedule
363
required by
paragraph
(
b
), immediate
Legionella
culture sampling
364
and analysis
be conducted in the event of any of the following
:
365
1.
A mechanical breakdown of the cooling tower water system
366
for
more than 72 hours
.
367
2.
A power failure affecting the cooling tower
water
system
368
for
more than 72 hours
.
369
3.
A
loss of the biocide treatment system of the cooling
370
tower water system for
more than 72 hours
.
371
4.
F
ailure of conductivity control or any other control
372
method
s for
more than 72 hours
.
373
5.
A determination by t
he department or
a
county
health
374
department
that one or more cases of
legionellosis
are
or may be
375
associated with the cooling tower, based on epidemiologic data
376
or laboratory testing
.
377
6.
Any other condition specified by t
he department or
a
378
county
health department.
379
(e)
A requirement that
an owner take
immediate and
380
appropriate action, including remedial action, in response to
a
381
bacteriological
or
Legionella
culture analysis. For
382
bacteriological analysis results,
the response
must
include, but
383
need
not be limited to, taking action
a
s required by
s.
384
386.305(2).
For
Legionella
culture analys
i
s
results
,
the
385
response
must
include, but
need
not be limited to, taking action
386
a
s required by
s. 386.305(3) and
contacting the
county
health
387
department
as required by
s.
386.30
6
.
388
(f)
A requirement
that an
y
Legionella
culture analyses be
389
performed
pursuant to s. 386.305(1).
390
(g)
A shutdown and disinfection plan for removing or
391
permanently discontinuing use of a cooling tower
.
392
(h)
Requirements for
t
he t
reatment and manual or automated
393
flushing of any piping, basin, sump, or wetted surface during
394
idle conditions
.
395 Section 6. Section 386.305, Florida Statutes, is created to
396 read:
397
386.305
C
ulture analys
e
s.—
398
(1)
LABORATORY REQUIREMENTS.—
A
culture analysis must be
399
performed by
an
environmental laboratory
that is
certifi
ed
400
pursuant to s. 403.0625
and
is approved to perfo
rm such an
401
analysis
.
402
(2)
INTERPRETATION OF BACTERIOLOGICAL ANALYSIS RESULTS FROM
403
COOLING TOWERS.—
404
(a)
Level 1
.—Samples with a culture result less than 10,000
405
colony-forming units per milliliter (CFU/mL). The cooling tower
406
owner must maintain the cooling tower’s treatment program and
407
bacteriological monitoring in accordance with the cooling
408
tower’s maintenance program and plan.
409
(b)
Level 2.
—Samples with a culture result greater than or
410
equal to 10,000 CFU/mL but less than 100,000 CFU/mL. The cooling
411
tower owner must do all of the following
until the water sample
412
culture results meet the Level 1 criteria:
413
1.
Review the treatment program.
414
2.
Initiate immediate disinfection by either increasing
415
biocide concentration or using a different biocide within 24
416
hours after receiving the analysis results.
417
3.
Retest the water within 3 to 7 days after receiving the
418
analysis results.
419
(c)
Level 3.
—Samples with a culture result greater than or
420
equal to 100,000 CFU/mL but less than 1 million CFU/mL. The
421
cooling tower owner must do all of the following
until the water
422
sample culture results meet the Level 1 criteria:
423
1.
Review the treatment program and provide notification as
424
required by s. 386.306.
425
2.
Increase biocides within 24 hours after receiving the
426
analysis results.
427
3.
Perform a visual inspection to evaluate the need to
428
perform cleaning and additional disinfection.
429
4.
Retest the water within 3 to 7 days after receiving the
430
analysis results.
431
(d)
Level 4.
—Samples with a culture result greater than or
432
equal to 1 million CFU/mL. The cooling tower owner must do all
433
of the following
until the water sample culture results meet the
434
Level 1 criteria:
435
1.
Review the treatment program and provide notification as
436
required by s. 386.306.
437
2.
Increase biocides within 2 hours after receiving the
438
analysis results.
439
3.
Within 48 hours after receiving the analysis results,
440
perform remediation of the tower by hyperhalogenating, cleaning,
441
and flushing the tower.
442
4.
Retest the water within 3 to 7 days after receiving the
443
analysis results.
444
(3)
INTERPRETATION OF
LEGIONELLA
CULTURE RESULTS FROM
445
COOLING TOWERS.—
446
(a)
Level 1.
—
Legionella
culture sample result
s
of less than
447
20 CFU/mL. The cooling tower owner must maintain the treatment
448
program and monitoring in accordance with the cooling tower’s
449
maintenance program and plan.
450
(b)
Level 2.
—
Legionella
culture sample result
s
of more than
451
or equal to 20 CFU/mL but less than 1,000 CFU/mL. The cooling
452
tower owner must do all of the following
until the water sample
453
culture results meet the Level 1 criteria:
454
1.
Review the treatment program.
455
2.
Perform immediate online disinfection.
456
3.
Retest the water within 3 to 7 days after receiving the
457
analysis results.
458
a.
If the retest indicates a presence of
Legionella
of more
459
than or equal to 20 CFU/mL but less than 100 CFU/mL, the cooling
460
tower owner must repeat the online disinfection.
461
b.
If the subsequent retest indicates a presence of
462
Legionella
of more than or equal to 100 CFU/mL but less than
463
1,000 CFU/mL, the cooling tower owner must further investigate
464
the water treatment program and immediately perform online
465
disinfection.
466
(c)
Level 3.
—
Legionella
culture sample result
s
of more than
467
or equal to 1,000 CFU/mL. The cooling tower owner must do all of
468
the following
until the water sample culture results meet the
469
Level 1 criteria:
470
1.
Review the treatment program.
471
2.
Provide notification as required by s. 386.306.
472
3.
Institute immediate system decontamination.
473
4.
Retest the water within 3 to 7 days after receiving the
474
analysis results.
475
a.
If the retest indicates a presence of
Legionella
of more
476
than or equal to 20 CFU/mL but less than 1,000 CFU/mL, the
477
cooling tower owner must take the actions required under
478
paragraph (b).
479
b.
If the subsequent retest indicates a presence of
480
Legionella
of more than or equal to 1,000 CFU/mL, the owner must
481
perform system decontamination.
482 Section 7. Section 386.306, Florida Statutes, is created to
483 read:
484
386.306
Notification
.—
A cooling tower owner shall:
485
(1)
N
otify the
county
health department within 24 hours
486
after receiving
a
Legionella
water
sample
culture
result that
487
exceeds 1,000 colony
-
forming units per milliliter. The
county
488
health department shall notify the department within 24 hours
489
after receiving
such a report.
490
(2)
N
otify the public of such test results in a manner
491
determined by the
county
health department or
, at the discretion
492
of the
department.
493 Section 8. Section 386.307, Florida Statutes, is created to
494 read:
495
386.307
Cooling tower standards
.—
496
(1)
DISINFECTION.—
497
(a)
A person who disinfects a cooling tower
must
be
a
498
commercial applicator
or a certified applicator, as those terms
499
are defined in s. 487.021,
who is licensed to apply biocide in a
500
cooling tower and
who is
certified in accordance with the
501
requirements of the Florida Pesticide Law
or be an apprentice
502
who is under the direct supervision of a licensed applicator as
503
defined in s. 487.021
.
504
(
b
)
The cooling tower owner shall maintain the
name and
505
certification number of the applicator
who disinfects the
506
cooling tower under paragraph (a)
or the business name and
507
telephone
number of the company providing
online
disinfection.
508
(
c
)
Only biocide products registered by the
Department of
509
Environmental Protection for use in cooling towers or pesticidal
510
devices produced in a
n
establishment
registered by the United
511
States Environmental Protection Agency
may be used
to
disinfect
512
a cooling tower
.
513
(2)
EFFICIENCY.—
514
(
a
)
Each c
ooling tower
owner shall
install make-up and
515
blowdown meters
on its cooling towers
to monitor the total
516
volume of water used by the
cooling tower
and
shall ensure that
517
the cooling tower has
an automatic conductivity controller
,
a
518
high-efficiency drift eliminator,
and
an overflow alarm to
519
prevent overflow of the sump in case of make-up water valve
520
failure
. The overflow alarm
must
provide an alert
through
an
521
energy management control system to the
cooling
tower operators
522
in
the event
of
an
overflow
of the sump
.
523
(
b
)
All cooling towers must achieve at least
eight
cycles
524
of concentration using automatic conductivity control.
525
(
c
)
T
he efficiency of the cooling tower
water
system
must
526
be measured by the percent
age
of water delivered to the
cooling
527
tower ver
sus the blowdown water volume.
528
(
d
)
If the local water utility supplies water to the
529
property, w
ater meters
must
meet the requirements of the
530
utility.
531 Section 9. Section 386.308, Florida Statutes, is created to
532 read:
533
386.3
08
Compliance inspection and certification.—
534
(1)
COMPLIANCE INSPECTION
.—
535
(a)
Each
cooling tower
owner must
ensure that
its cooling
536
towers are
inspected
before
initial startup and at intervals
of
537
not more than every 90 days while in use.
538
(b)
A
comp
liance inspection
must
be performed by
a
539
qualified person
who is
unaffiliated with the water treatment
540
company
, a professional engineer licensed in this state, an
541
industrial hygienist, a water technologist, or an environmental
542
consultant. Any of the aforementioned persons must have
training
543
and experience
in
performing inspections in accordance with
544
current standard industry protocols
,
including, but not limited
545
to
,
ANSI/ASHRAE
Standard
188-20
18,
Legionellosis: Risk
546
Management for Building Water Systems
.
547
(c)
Each compliance inspection
must
include an evaluation
548
on a standardized inspection form created by the department
of
549
all of
the
following
:
550
1.
The c
ooling tower and associated equipment for
measuring
551
the presence of organic material, biofilm, algae, debris
,
and
552
other visible contaminants
.
553
2.
The g
eneral condition of the cooling tower basin, remote
554
sump, packing material, and drift eliminators
.
555
3.
The w
ater make-up connections and control, in
cluding
556
backflow protection
or air
gaps
,
as needed
.
557
4.
Whether the
conductivity control
and
the make-up and
558
blowdown meters
are functioning properly.
559
5.
Whether the
water treatment equipment, including, but
560
not limited to,
smart controllers, probes,
pumps, timers,
561
valves, and strain gauges
, are functioning properly or are
562
properly calibrated, as appropriate
.
563
(d)
Information collected during compliance inspections
564
must be entered into the department’s mobile data collection
565
platform, must include the standardized inspection form, and
566
must be submitted to the registration portal by a qualified
567
person as specified in paragraph (b).
568
(e)
The person performing the inspection shall report all
569
deficiencies found to the owner
so that
corrective action
may be
570
taken and
document all completed correcti
ve
actions using
the
571
d
epartment’s mobile data collection platform.
572
(2)
CERTIFICATION.—By November 1, 202
6
, and by
each
573
November 1 thereafter, a cooling tower
owner
shall obtain
an
574
annual
certification from a
qualified
person
which certifies
575
that
a maintenance program and plan
is in place for the cooling
576
tower
and that all acti
ons required under
that plan
and
this
577
part
have been
taken
, including
,
but not limited to
, all of the
578
following
:
579
(a)
All
required
bacteriological culture sampling and
580
analys
es.
581
(b)
All
Legionella
culture sampling and analys
es
, including
582
any immediate
Legionella
culture sampling and analys
es
performed
583
pursuant to
s. 386.304(2)(d) and (e).
584
(c)
Any disinfection performed pursuant to
the standards
585
specified in
s
.
386.30
7(1).
586
(d)
All compliance inspections performed pursuant to
587
subsection (
1
).
588
(3)
REPORTING.—All inspection findings, deficiencies,
589
corrective actions, and certifications
must
be reported to the
590
department by the
owner
, and copies of such must be maintained
591
on the premises as required by
s
.
38
6
.3
03
.
592 Section 10. Section 386.309, Florida Statutes, is created
593 to read:
594
386.3
09
Enforcement.—
595
(1)
The department or
a county
h
ealth department may
596
require an
owner to conduct
Legionella
culture sampling and
597
analysis following a determination
that, based on epidemiologic
598
data or laboratory testing, one or more cases of
legionellosis
599
are or may be associated with a cooling tower.
600
(2)
An officer, employee
,
or agent of the department or
the
601
county
health department may enter onto any property to inspect
602
a cooling tower for compliance with this part and may take water
603
samples as part of such inspection.
Such inspections must be
604
conducted as provided in s. 487.071.
605
(3)
If
an owner
fails to
register
a cooling tower
,
develop
606
and maintain
a maintenance program and plan
for a cooling tower
,
607
obtain certification
for a cooling tower
, disinfect
a cooling
608
tower
, perform or obtain
required
culture sampling and analysis,
609
or
conduct
inspect
ions of
a
cooling tower
as required
in this
610
part, the department or
the county
health department may
611
determine that such
failure
constitutes a nuisance
pursuant to
612
this chapter
.
613
(4)
An owner who
violat
es
this part is subject to civil and
614
cr
iminal penalties as provided in s. 386.051
. Each day that an
615
owner remains in violation of
this
part constitute
s
a separate
616
offense
.
617
(5)
The
State Surgeon General
shall submit a report to the
618
President of the Senate and the Speaker of the House of
619
Representatives
by each January 1 which includes all of
the
620
following information:
621
(a)
For the prior year:
622
1.
The number of new cooling tower registrations
issued
and
623
the number of notifications of discontinued use of a cooling
624
tower received by the department
as of
November 1
,
pursuant to
625
s.
386.30
3.
626
2.
The number of annual certifications
issued for
cooling
627
tower
s
inspected, tested, cleaned, and disinfected
which have
628
been
received by the department
as of November 1,
pursuant to
s.
629
386.3
08.
630
3.
The number of reports of tests for the presence of
631
Legionella
which
reported
levels above 1,000
CFU/mL
received by
632
the department
.
633
4.
The number of inspections of cooling towers conducted by
634
the department, or a
county
health department on behalf of the
635
department, along with the number and types of violations cited
636
during such inspections
.
637
5.
The number of cleanings, disinfections, or other actions
638
performed by or
on
behalf of the department
.
639
6.
The number of persons diagnosed with
legionellosis
in
640
th
is state,
to the extent known or reasonably
discoverable by
641
the department.
642
(
b
)
R
ecommendations
as to
whether
department rules
should
643
be amended to include requirements for any of the building water
644
systems described in
ANSI/ASHRAE
Standard
188-20
18
,
645
Legionellosis: Risk Management for Building Water Systems
.
646
(
c
)
Information regarding the
implementation of
any such
647
requirement
, the effectiveness
of the requirement
in preventing
648
outbreaks of
legionellosis
, and recommendations for improvements
649
or modifications
to department rules
to further the control of
650
Legionella
.
651 Section 11. Section 386.3101, Florida Statutes, is created
652 to read:
653
386.310
1
W
aivers.—The department may issue a written
654
general or specific waiver with respect to
registration,
655
certification, or reporting requirements established in
this
656
part
if
the department
determines
that
such
waiver will not
657
present a danger to public health. The department may revoke
the
658
waiver upon a determination that the waiver may present a danger
659
to public health.
660 Section 12.
Until December 31, 2027,
an owner may submit a
661
written application to a
county
health department for a variance
662
from any
requirement
of this part
for additional time to comply
663
with this act. A variance may not exceed 90 days. The
664
application must include an
explanation
as to
why
the
variance
665
will not present a danger to public health. With the approval of
666
the
D
epartment
of Health
, the
county
health department may
667
approve such application for a variance,
in writing,
subject to
668
any condition that the department or
county
health department
669
may deem appropriate to protect public health. The department
or
670
the
county
health department may revoke
a
variance upon a
671
determination that the variance may present a danger to public
672
health.
673 Section 13. This act shall take effect July 1, 2026.