| 1 | A bill to be entitled |
| 2 | An act relating to ice skating rinks; amending s. 381.006, |
| 3 | F.S.; requiring the Department of Health to include in its |
| 4 | environmental health program the testing of the air in |
| 5 | enclosed ice skating rinks; authorizing the department to |
| 6 | adopt rules relating to air quality standards, monitoring, |
| 7 | testing, recordkeeping, the maintenance and operation of |
| 8 | equipment that affects air quality, assessment of fees, |
| 9 | enforcement, and penalties; authorizing the department to |
| 10 | enter and inspect an enclosed ice skating rink at |
| 11 | reasonable hours to determine compliance with applicable |
| 12 | air quality statutes or rules; amending s. 381.0061, F.S.; |
| 13 | authorizing the department to impose a fine, which may not |
| 14 | exceed a specified amount, for a violation of air quality |
| 15 | standards for enclosed ice skating rinks; providing an |
| 16 | effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsection (19) is added to section 381.006, |
| 21 | Florida Statutes, to read: |
| 22 | 381.006 Environmental health.-The department shall conduct |
| 23 | an environmental health program as part of fulfilling the |
| 24 | state's public health mission. The purpose of this program is to |
| 25 | detect and prevent disease caused by natural and manmade factors |
| 26 | in the environment. The environmental health program shall |
| 27 | include, but not be limited to: |
| 28 | (19) A function related to air quality inside an enclosed |
| 29 | ice skating rink to protect the health and safety of visitors |
| 30 | and employees of the enclosed ice skating rink from dangers |
| 31 | associated with oxides of nitrogen (NOX), hydrocarbons (CXHX), |
| 32 | carbon monoxide (CO), carbon dioxide (CO2), and other harmful |
| 33 | gasses, vapors, or particles as identified by the department |
| 34 | which change the air quality due to the operation of the ice |
| 35 | rink. The department may adopt rules that include definitions; |
| 36 | air quality standards and requirements for monitoring, testing, |
| 37 | and recordkeeping; maintenance and operation requirements for |
| 38 | equipment that affects air quality; requirements for ventilation |
| 39 | of the facility; the required response activities if an operator |
| 40 | violates air quality standards; the assessment of fees, which |
| 41 | may not exceed the actual costs of administration; and |
| 42 | requirements for enforcement, citations, and administrative |
| 43 | penalties. The department may enter and inspect an enclosed ice |
| 44 | skating rink at reasonable hours to determine compliance with |
| 45 | applicable statutes or rules. |
| 46 |
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| 47 | The department may adopt rules to carry out the provisions of |
| 48 | this section. |
| 49 | Section 2. Subsection (1) of section 381.0061, Florida |
| 50 | Statutes, is amended to read: |
| 51 | 381.0061 Administrative fines.- |
| 52 | (1) In addition to any administrative action authorized by |
| 53 | chapter 120 or by other law, the department may impose a fine, |
| 54 | which shall not exceed $500 for each violation, for a violation |
| 55 | of s. 381.006(16), s. 381.006(19), s. 381.0065, s. 381.0066, s. |
| 56 | 381.0072, or part III of chapter 489, for a violation of any |
| 57 | rule adopted under this chapter, or for a violation of any of |
| 58 | the provisions of chapter 386. Notice of intent to impose such |
| 59 | fine shall be given by the department to the alleged violator. |
| 60 | Each day that a violation continues may constitute a separate |
| 61 | violation. |
| 62 | Section 3. This act shall take effect July 1, 2011. |