Florida Senate - 2011                                     SB 202
       
       
       
       By Senator Fasano
       
       
       
       
       11-00155-11                                            2011202__
    1                        A bill to be entitled                      
    2         An act relating to ice skating rinks; amending s.
    3         381.006, F.S.; requiring the Department of Health to
    4         include in its environmental health program the
    5         testing of the air in enclosed ice skating rinks;
    6         authorizing the department to adopt rules relating to
    7         air quality standards, monitoring, testing,
    8         recordkeeping, the maintenance and operation of
    9         equipment that affects air quality, assessment of
   10         fees, enforcement, and penalties; authorizing the
   11         department to enter and inspect an enclosed ice
   12         skating rink at reasonable hours to determine
   13         compliance with applicable air quality statutes or
   14         rules; amending s. 381.0061, F.S.; authorizing the
   15         department to impose a fine, which may not exceed a
   16         specified amount, for a violation of air quality
   17         standards for enclosed ice skating rinks; providing an
   18         effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (19) is added to section 381.006,
   23  Florida Statutes, to read:
   24         381.006 Environmental health.—The department shall conduct
   25  an environmental health program as part of fulfilling the
   26  state’s public health mission. The purpose of this program is to
   27  detect and prevent disease caused by natural and manmade factors
   28  in the environment. The environmental health program shall
   29  include, but not be limited to:
   30         (19) A function related to air quality inside an enclosed
   31  ice skating rink to protect the health and safety of visitors
   32  and employees of the enclosed ice skating rink from dangers
   33  associated with oxides of nitrogen (NOX), hydrocarbons (CXHX),
   34  carbon monoxide (CO), carbon dioxide (CO2), and other harmful
   35  gasses, vapors, or particles as identified by the department
   36  which change the air quality due to the operation of the ice
   37  rink. The department may adopt rules that include definitions;
   38  air quality standards and requirements for monitoring, testing,
   39  and recordkeeping; maintenance and operation requirements for
   40  equipment that affects air quality; requirements for ventilation
   41  of the facility; the required response activities if an operator
   42  violates air quality standards; the assessment of fees, which
   43  may not exceed the actual costs of administration; and
   44  requirements for enforcement, citations, and administrative
   45  penalties. The department may enter and inspect an enclosed ice
   46  skating rink at reasonable hours to determine compliance with
   47  applicable statutes or rules.
   48  
   49  The department may adopt rules to carry out the provisions of
   50  this section.
   51         Section 2. Subsection (1) of section 381.0061, Florida
   52  Statutes, is amended to read:
   53         381.0061 Administrative fines.—
   54         (1) In addition to any administrative action authorized by
   55  chapter 120 or by other law, the department may impose a fine,
   56  which shall not exceed $500 for each violation, for a violation
   57  of s. 381.006(16), s. 381.006(19), s. 381.0065, s. 381.0066, s.
   58  381.0072, or part III of chapter 489, for a violation of any
   59  rule adopted under this chapter, or for a violation of any of
   60  the provisions of chapter 386. Notice of intent to impose such
   61  fine shall be given by the department to the alleged violator.
   62  Each day that a violation continues may constitute a separate
   63  violation.
   64         Section 3. This act shall take effect July 1, 2011.