Florida Senate - 2020                                    SB 1190
       By Senator Gruters
       23-00188-20                                           20201190__
    1                        A bill to be entitled                      
    2         An act relating to cooling towers; providing a
    3         directive to the Division of Law Revision; creating s.
    4         386.301, F.S.; providing legislative intent; creating
    5         s. 386.302, F.S.; defining terms; creating s. 386.303,
    6         F.S.; requiring that owners of cooling towers register
    7         them with the Department of Health; requiring the
    8         department to create a statewide electronic system for
    9         such registrations; providing minimum requirements for
   10         the registration system; requiring that owners of
   11         cooling towers report specified information regarding
   12         the towers to the department, beginning on a specified
   13         date; providing department responsibilities regarding
   14         the registration system; requiring that owners of
   15         cooling towers maintain certain cooling tower records
   16         for a specified timeframe; requiring that a copy of
   17         the cooling tower’s maintenance program and plan be
   18         kept on the cooling tower premises; creating s.
   19         386.304, F.S.; requiring that owners of cooling towers
   20         obtain or update a maintenance program and plan for
   21         existing and newly installed cooling towers, by a
   22         specified date; providing requirements for the
   23         maintenance program and plans; creating s. 386.305,
   24         F.S.; requiring that certain culture analyses be
   25         conducted by certified environmental laboratories;
   26         providing requirements for interpreting the results of
   27         such analyses; creating s. 386.306, F.S.; requiring
   28         that owners of cooling towers provide notification to
   29         the county health department and the public within a
   30         specified timeframe under specified circumstances;
   31         requiring county health departments to provide certain
   32         notification to the department; requiring the county
   33         health department or, at its discretion, the
   34         department to determine the method of certain
   35         notifications; creating s. 386.307, F.S.; providing
   36         cooling tower disinfection standards; requiring that
   37         the person conducting the disinfection meet certain
   38         qualifications; specifying the types of products that
   39         may be used during a disinfection; providing cooling
   40         tower efficiency standards; creating s. 386.308, F.S.;
   41         requiring that owners of cooling towers have their
   42         cooling towers inspected before initial startup and,
   43         thereafter, at specified intervals; providing
   44         inspection requirements; requiring that persons
   45         conducting inspections report deficiencies to the
   46         owner for corrective action; requiring initial and
   47         annual certification of cooling towers by a specified
   48         date; providing requirements for certification;
   49         requiring that all inspection findings, deficiencies,
   50         corrective actions, and certifications be reported to
   51         the department and maintained by the owner; creating
   52         s. 386.309, F.S.; authorizing the department or a
   53         county health department to require an owner to
   54         conduct a Legionella culture sampling and analysis
   55         under certain circumstances; authorizing an officer,
   56         employee, or agent of the department or county health
   57         department to enter a property to inspect a cooling
   58         tower; specifying that certain actions by the owner of
   59         a cooling tower may constitute a nuisance; providing
   60         for civil and criminal penalties; requiring the State
   61         Surgeon General to submit a report to the Legislature
   62         by a specified date; providing requirements for the
   63         report; creating s. 386.3101, F.S.; authorizing county
   64         health departments or the department to issue waivers
   65         if the waiver does not present a danger to the public
   66         health; providing requirements for the waivers;
   67         authorizing county health departments to issue
   68         variances under certain circumstances for a specified
   69         period of time; providing for severability; providing
   70         an effective date.
   72  Be It Enacted by the Legislature of the State of Florida:
   74         Section 1. The Division of Law Revision is directed to
   75  create part III of chapter 386, Florida Statutes, consisting of
   76  ss. 386.301-386.3101, Florida Statutes, to be entitled “Cooling
   77  Towers.”
   78         Section 2. Section 386.301, Florida Statutes, is created to
   79  read:
   80         386.301Legislative intent.—The purpose of this part is to
   81  protect people from the health hazards of Legionella, a
   82  bacterium that is known to originate in improperly sanitized
   83  cooling towers.
   84         Section 3. Section 386.302, Florida Statutes, is created to
   85  read:
   86         386.302 Definitions.—As used in this part, the term:
   87         (1)Bacteriological culture sampling and analysis means
   88  the collection of a water sample for the purpose of measuring
   89  the live culture growth of aerobic bacterial populations using
   90  heterotrophic plate count, dip slides, or a similar method
   91  employed by the industry in accordance with the manufacturer’s
   92  directions for use.
   93         (2)Building,” unless otherwise expressly indicated by the
   94  text, means all or part of a structure, premises, or lot which
   95  is used or is intended to support or shelter a use or occupancy.
   96         (3)Cleaning means physical, mechanical, or other removal
   97  of biofilm, scale, debris, rust, other corrosion products,
   98  sludge, algae, and other potential sources of contamination.
   99         (4)Compliance inspection means the inspection, testing,
  100  and other activities that are required on a regular basis in
  101  accordance with s. 386.308.
  102         (5)Cooling tower means an evaporative condenser, a fluid
  103  cooler, or another wet cooling device that is capable of
  104  aerosolizing water; that contains or is part of a recirculated
  105  water system; and that is incorporated into a building’s cooling
  106  process, industrial process, refrigeration system, or energy
  107  production system.
  108         (6)Cooling tower cells” means the smallest subdivisions
  109  of a tower which can function independently with regard to air
  110  and water flow. Each cell may have one or more fans and one or
  111  more distribution systems.
  112         (7)Cooling tower water system means one or more cooling
  113  towers and all of the recirculating water system components,
  114  process instruments, and appurtenances through which water flows
  115  or comes into contact with chemical applicators, valves, pumps,
  116  condensers, heat exchangers, and other related components.
  117         (8)Corrective action means disinfection, cleaning,
  118  flushing, and other activities to remedy biofilm growth,
  119  Legionella proliferation, or other system mechanical problems
  120  identified through monitoring, inspections, or other means, as
  121  determined by the department.
  122         (9)Cycles of concentration means the ratio of make-up
  123  water volume to blowdown water volume which may be approximated
  124  from the ratio of the conductivity of the blowdown water to the
  125  conductivity of the make-up water.
  126         (10)“Department” means the Department of Health.
  127         (11)Dip slide means a method to test for microorganisms
  128  which consists of a sterile culture medium affixed to a sterile
  129  slide that is dipped directly into the sampled liquid.
  130         (12)Disinfection means the use of one or more biocides
  131  at a defined concentration, under specified conditions, for an
  132  established period of time to kill or inactivate pathogenic
  133  microorganisms. The term does not include the cleaning of a
  134  cooling tower through the application of detergents, penetrants,
  135  brushes or other tools, highly pressurized water, or any other
  136  method that does not involve the use of a pesticide or economic
  137  poison, as defined in s. 482.021(23); the use of a pesticide, as
  138  defined in s. 487.021(49); or the use of a restricted-use
  139  pesticide, as defined in s. 487.021(58).
  140         (13)Drift eliminator means a system of baffles that
  141  causes separation of entrained water designed to remove aerosols
  142  from cooling tower exhaust.
  143         (14)“Heterotrophic plate count” means a measure of the
  144  concentration of microorganisms that require an external source
  145  of organic carbon for growth, including bacteria, yeasts, and
  146  mold, in water samples.
  147         (15)Legionella means the genus of bacteria that is
  148  ubiquitous in aqueous environments, including the recirculated
  149  water of cooling tower water systems that are not properly or
  150  regularly maintained.
  151         (16)Legionella culture sampling and analysis means the
  152  collection of a water sample for the measurement of the live
  153  culture of Legionella involving the use of specialized media and
  154  laboratory methods for growth to determine the species and
  155  serogroup.
  156         (17)Maintenance program and plan means a written
  157  document, developed by a qualified person, which specifies
  158  required monitoring, cleaning, disinfection, and other practices
  159  for the prevention and control of Legionella growth in a cooling
  160  tower water system, and is in accordance with sections 5, 6, and
  161  7.2 of ANSI/ASHRAE Standard 188-2018, Legionellosis: Risk
  162  Management for Building Water Systems and the manufacturer’s
  163  instructions.
  164         (18)Owner means all of the following:
  165         (a)A person, agent, firm, partnership, corporation, or
  166  other legal entity that has a legal or equitable interest in, or
  167  control of, a cooling tower or the premises of the cooling
  168  tower.
  169         (b)The legal owner of the building.
  170         (c)A tenant, if the tenant:
  171         1.Owns a cooling tower that services the tenant’s leased
  172  premises; or
  173         2.Does not own the cooling tower but has a lease or
  174  contractual arrangement to maintain the cooling tower.
  175         (19)Qualified person means a professional engineer
  176  licensed and registered in this state; a certified industrial
  177  hygienist; a certified water technologist; a professional with
  178  training and experience in developing management plans and
  179  performing inspections in accordance with industry protocols,
  180  including, but not limited to, NSF Protocol 453-2017: Cooling
  181  Towers – Treatment, Operation, and Maintenance to Prevent
  182  Legionellosis; or an environmental consultant who has at least 2
  183  years of operational experience in water management planning and
  184  operation.
  185         Section 4. Section 386.303, Florida Statutes, is created to
  186  read:
  187         386.303 Registration; reporting; recordkeeping.—
  188         (1)REGISTRATION.—Before initial operation, and upon any
  189  change in ownership, the owner of a cooling tower shall register
  190  each of his or her cooling tower water systems with the
  191  department using a statewide electronic system designated by the
  192  department. The registration system must require, at a minimum,
  193  all of the following information:
  194         (a)The street address of the building at which the cooling
  195  tower is located.
  196         (b)The name, address, telephone number, and e-mail address
  197  of each cooling tower owner.
  198         (c)The total number of cooling towers in the system.
  199         (d)The name of the manufacturer of the cooling tower.
  200         (e)The model number of the cooling tower.
  201         (f)The specific unit serial number of the cooling tower,
  202  if available.
  203         (g)The cooling capacity of the cooling tower.
  204         (h)The cooling tower water system volume, inclusive of any
  205  piping, basin, or sump.
  206         (i)The intended use of the cooling tower.
  207         (j)Whether systematic disinfection in accordance with s.
  208  386.307 is maintained, manually, through timed injection, or
  209  through continuous delivery.
  210         (k)Whether maintenance is performed by an employee, a
  211  contractor, or another party.
  212         (l)The year the cooling tower was placed into service.
  213         (2)REPORTING.
  214         (a)Beginning July 1, 2020, a cooling tower owner shall
  215  report through the statewide electronic system all of the
  216  following information to the department at least every 90 days
  217  while the cooling tower is in use:
  218         1.The date of the last bacteriological culture sample
  219  collection, the results of the analysis, and the designated due
  220  date of any remedial action that is required pursuant to s.
  221  386.304(2)(a).
  222         2.The date of the last Legionella culture sample
  223  collection, the results of the sample analysis, and the date
  224  that any remedial action was taken as required by s.
  225  386.304(2)(b)-(e).
  226         3.The date of the last compliance inspection performed
  227  pursuant to s. 386.308 and the resulting standardized inspection
  228  report.
  229         4.The date of the lowest daily cycles of concentration
  230  recorded, and the target number of cycles.
  231         5.The average daily make-up water volume and blowdown
  232  water volume.
  233         6.The percentage of make-up water that is delivered to the
  234  cooling tower versus the blowdown water volume.
  235         7.The date of most recent certification pursuant to s.
  236  386.308.
  237         8.The date of removal or permanent discontinuation of use
  238  of the cooling tower, if applicable.
  239         9.Any other information deemed necessary by the
  240  department.
  241         (b)If a landlord and a tenant are considered to be owners
  242  of a cooling tower, as defined in s. 386.302, only one of the
  243  parties is required to register the cooling tower. However, both
  244  parties are responsible for ensuring that registration and
  245  reporting are completed as required by this part.
  246         (3)STATEWIDE SYSTEM.—
  247         (a)The department shall make the data in the statewide
  248  electronic system:
  249         1.Publicly available, as appropriate.
  250         2.Fully accessible to and searchable by county health
  251  departments.
  252         (b)This part does not prohibit a county health department
  253  from requiring registration with and reporting to a county
  254  system or collecting fees associated with the administration of
  255  such a system.
  256         (c)The department shall provide owners with a mobile data
  257  collection platform that is compatible with Android and Apple
  258  devices and that electronically collects, and allows owners to
  259  electronically submit, the information required by this part.
  260         (4)RECORDKEEPING.—A cooling tower owner shall:
  261         (a) Maintain for at least 3 years all of the following
  262  records:
  263         1.Required sampling and analyses.
  264         2.Disinfection schedules and applications.
  265         3.Inspection findings, deficiencies, and corrective
  266  actions.
  267         4.Required certifications.
  268         (b)Maintain on the premises of the cooling tower a copy of
  269  the current maintenance program and plan required by this part.
  270         (c)Make the records and plan required under this
  271  subsection immediately available to the department or county
  272  health department upon request.
  273         Section 5. Section 386.304, Florida Statutes, is created to
  274  read:
  275         386.304 Maintenance program and plan.—
  276         (1)The owner of a cooling tower shall:
  277         (a)By September 1, 2020, develop or update a maintenance
  278  program and plan for each existing cooling tower which must be
  279  consistent with section 7.2 of ANSI/ASHRAE Standard 188-2018,
  280  Legionellosis: Risk Management for Building Water Systems.
  281         (b)After September 1, 2020, maintain such a maintenance
  282  program and plan for each newly installed cooling tower.
  283         (2)The maintenance program and plan must include all of
  284  the following elements:
  285         (a)A schedule for routine bacteriological culture sampling
  286  and analysis to assess microbiological activity. The sampling
  287  and analysis must be conducted at intervals of not more than 7
  288  days while the cooling tower is in use and must require
  289  additional bacteriological culture sampling and analysis, as
  290  needed, to validate process adjustments.
  291         (b)A schedule for routine Legionella culture sampling and
  292  analysis within 14 days after startup and, thereafter, while the
  293  cooling tower is in use, at monthly intervals. Cooling towers in
  294  use year-round must conduct sampling and analysis at intervals
  295  of not more than 30 days and within 2 weeks after startup
  296  following maintenance.
  297         (c)A procedure for achieving water efficiency by
  298  maintaining a minimum of eight cycles of concentration using
  299  automatic conductivity control or for estimating the percentage
  300  of water savings through the installation of water meters on
  301  make-up and blowdown lines.
  302         (d)A requirement that, in addition to development of the
  303  routine Legionella culture sampling and analysis schedule
  304  required by paragraph (b), immediate Legionella culture sampling
  305  and analysis be conducted in the event of any of the following:
  306         1.A mechanical breakdown of the cooling tower water system
  307  for more than 72 hours.
  308         2.A power failure affecting the cooling tower water system
  309  for more than 72 hours.
  310         3.A loss of biocide treatment of the cooling tower water
  311  system for more than 72 hours.
  312         4.Failure of conductivity control or any other control
  313  methods for more than 72 hours.
  314         5.A determination by the department or a county health
  315  department that one or more cases of legionellosis are or may be
  316  associated with the cooling tower, based on epidemiologic data
  317  or laboratory testing.
  318         6.Any other conditions specified by the department or a
  319  county health department.
  320         (e)A requirement that an owner take immediate and
  321  appropriate action, including remedial action, in response to a
  322  bacteriological or Legionella culture analysis. For
  323  bacteriological analysis results, the response must include, but
  324  need not be limited to, taking action as required by s.
  325  386.305(2). For Legionella culture analysis results, the
  326  response must include, but need not be limited to, taking action
  327  as required by s. 386.305(3) and contacting the county health
  328  department as required by s. 386.306.
  329         (f)A requirement that any Legionella culture analyses be
  330  performed pursuant to s. 386.305(1).
  331         (g)A shutdown and disinfection plan for removing or
  332  permanently discontinuing use of a cooling tower.
  333         (h)Requirements for treatment and manual or automated
  334  flushing of any piping, basin, sump, or wetted surface during
  335  idle conditions.
  336         Section 6. Section 386.305, Florida Statutes, is created to
  337  read:
  338         386.305 Culture analyses.—
  339         (1)LABORATORY REQUIREMENTS.—A culture analysis must be
  340  performed by an environmental laboratory certified pursuant to
  341  s. 403.0625 which is approved to perform such an analysis.
  344         (a)Level 1.—Samples with a culture result that is less
  345  than 10,000 colony-forming units per milliliter (CFU/mL). The
  346  cooling tower owner shall maintain the treatment program and
  347  bacteriological monitoring in accordance with the cooling
  348  tower’s maintenance program and plan.
  349         (b)Level 2.—Samples with a culture result that is greater
  350  than or equal to 10,000 CFU/mL but less than 100,000 CFU/mL. The
  351  cooling tower owner shall do all of the following until the
  352  water sample culture results meet the Level 1 criteria:
  353         1.Review the treatment program.
  354         2.Initiate immediate disinfection by increasing biocide
  355  concentration or using a different biocide within 24 hours after
  356  receiving the analysis results.
  357         3.Retest the water within 3 to 7 days after receiving the
  358  analysis results.
  359         (c)Level 3.—Samples with a culture result that is greater
  360  than or equal to 100,000 CFU/mL but less than 1,000,000 CFU/mL.
  361  The cooling tower owner shall do all of the following until the
  362  water sample culture results meet the Level 1 criteria:
  363         1.Review the treatment program and provide notification as
  364  required by s. 386.306.
  365         2.Increase biocides within 24 hours after receiving the
  366  analysis results.
  367         3.Perform a visual inspection to evaluate the need to
  368  perform cleaning and additional disinfection.
  369         4.Retest the water within 3 to 7 days after receiving the
  370  analysis results.
  371         (d)Level 4.—Samples with a culture result that is greater
  372  than or equal to 1,000,000 CFU/mL. The cooling tower owner shall
  373  do all of the following until the water sample culture results
  374  meet the Level 1 criteria:
  375         1.Review the treatment program and provide notification as
  376  required by s. 386.306.
  377         2.Increase biocides within 2 hours after receiving the
  378  analysis results.
  379         3.Within 48 hours after receiving the analysis results,
  380  perform remediation of the tower by hyper halogenating,
  381  cleaning, and flushing the tower.
  382         4.Retest the water within 3 to 7 days after receiving the
  383  analysis results.
  386         (a)Level 1.Legionella culture sample results of less than
  387  20 CFU/mL. The cooling tower owner shall maintain the treatment
  388  program and monitoring in accordance with the cooling tower’s
  389  maintenance program and plan.
  390         (b)Level 2.Legionella culture sample results of more than
  391  or equal to 20 CFU/mL but less than 1,000 CFU/mL. The cooling
  392  tower owner shall do all of the following until the water sample
  393  culture results meet the Level 1 criteria:
  394         1.Review the treatment program.
  395         2.Perform immediate online disinfection.
  396         3.Retest the water within 3 to 7 days after receiving the
  397  analysis results.
  398         a.If the retest indicates a presence of Legionella of more
  399  than or equal to 20 CFU/mL but less than 100 CFU/mL, the cooling
  400  tower owner must repeat the online disinfection.
  401         b.If the subsequent retest indicates a presence of
  402  Legionella of more than or equal to 100 CFU/mL but less than
  403  1,000 CFU/mL, the cooling tower owner must further investigate
  404  the water treatment program and immediately perform online
  405  disinfection.
  406         (c)Level 3.Legionella culture sample results of more than
  407  or equal to 1,000 CFU/mL. The cooling tower owner shall do all
  408  of the following until the water sample culture results meet the
  409  Level 1 criteria:
  410         1.Review the treatment program.
  411         2.Provide notification as required by s. 386.306.
  412         3.Institute immediate system decontamination.
  413         4.Retest the water within 3 to 7 days after receiving the
  414  analysis results.
  415         a.If the retest indicates a presence of Legionella of more
  416  than or equal to 20 CFU/mL but less than 1,000 CFU/mL, the
  417  cooling tower owner must take the actions required under
  418  paragraph (b).
  419         b.If the subsequent retest indicates a presence of
  420  Legionella of more than or equal to 1,000 CFU/mL, the owner must
  421  perform system decontamination.
  422         Section 7. Section 386.306, Florida Statutes, is created to
  423  read:
  424         386.306 Notification.—A cooling tower owner shall:
  425         (1)Notify the county health department within 24 hours
  426  after receiving a Legionella water sample culture result that
  427  exceeds 1,000 colony-forming units per milliliter. The county
  428  health department shall notify the department within 24 hours
  429  after receiving such a report.
  430         (2)Notify the public of such test results in a manner
  431  determined by the county health department or, at the discretion
  432  of the department, by the department.
  433         Section 8. Section 386.307, Florida Statutes, is created to
  434  read:
  435         386.307 Cooling tower standards.—
  436         (1)DISINFECTION.—
  437         (a)A person who disinfects a cooling tower must be a
  438  commercial applicator or a certified applicator as defined in s.
  439  487.021 who is licensed to apply biocide in a cooling tower and
  440  who is certified in accordance with the requirements of the
  441  Florida Pesticide Law, or be an apprentice who is under the
  442  direct supervision of a licensed applicator, as defined in s.
  443  487.021.
  444         (b)The cooling tower owner shall maintain the name and
  445  certification number of the applicator who disinfects the
  446  cooling tower under paragraph (a) or the business name and
  447  number of the company providing onsite disinfection.
  448         (c)Only biocide products registered by the Department of
  449  Environmental Protection for use in cooling towers or pesticidal
  450  devices produced in an establishment registered by the
  451  Environmental Protection Agency may be used to disinfect a
  452  cooling tower.
  453         (2)EFFICIENCY.—
  454         (a)Each cooling tower owner shall install make-up and
  455  blowdown meters on each of his, her, or its cooling towers to
  456  monitor the total volume of water used by the cooling tower and
  457  shall ensure that the cooling tower has an automatic
  458  conductivity controller, a high-efficiency drift eliminator, and
  459  an overflow alarm to prevent overflow of the sump in case of
  460  make-up water valve failure. The overflow alarm must provide an
  461  alert through an energy management control system to the cooling
  462  tower operators in the event of an overflow of the sump.
  463         (b)All cooling towers must achieve at least eight cycles
  464  of concentration using automatic conductivity control.
  465         (c)The efficiency of the cooling tower water system must
  466  be measured by the percentage of water that is delivered to the
  467  cooling tower versus the blowdown water volume.
  468         (d)If the local water utility supplies water to the
  469  property, water meters must meet the requirements of the
  470  utility.
  471         Section 9. Section 386.308, Florida Statutes, is created to
  472  read:
  473         386.308 Compliance inspection and certification.—
  474         (1)COMPLIANCE INSPECTION.—
  475         (a)Each cooling tower owner shall ensure that each of his,
  476  her, or its cooling towers is inspected before initial startup
  477  and at intervals of not more than every 90 days while in use.
  478         (b)A compliance inspection must be performed by a
  479  qualified person who is unaffiliated with the water treatment
  480  company; a professional engineer licensed in this state; an
  481  industrial hygienist; a water technologist; or an environmental
  482  consultant, any of whom must have training and experience in
  483  performing inspections in accordance with current standard
  484  industry protocols, including, but not limited to, ANSI/ASHRAE
  485  Standard 188-2018, Legionellosis: Risk Management for Building
  486  Water Systems.
  487         (c)Each compliance inspection must include an evaluation,
  488  on a standardized inspection form created by the department, of
  489  all of the following:
  490         1.The cooling tower and associated equipment for the
  491  presence of organic material, biofilm, algae, debris, and other
  492  visible contaminants.
  493         2.The general condition of the cooling tower basin, remote
  494  sump, packing material, and drift eliminators.
  495         3.The water make-up connections and control, including
  496  backflow protection or air gaps, as needed.
  497         4.Whether the conductivity control and the make-up and
  498  blowdown meters are functioning properly.
  499         5.Whether the water treatment equipment, including, but
  500  not limited to, pumps, timers, valves, and strain gauges, are
  501  functioning properly.
  502         (d)Information collected during compliance inspections
  503  must be collected and entered into the department’s mobile data
  504  collection platform, must include the standardized inspection
  505  form, and must be submitted to the registration portal by a
  506  qualified person as specified in paragraph (b).
  507         (e)The person performing the inspection shall report any
  508  deficiencies found to the owner so that corrective action may be
  509  taken and document all completed corrective actions using the
  510  department’s mobile data collection platform.
  511         (2)CERTIFICATION.—By November 1, 2020, and by each
  512  November 1 thereafter, a cooling tower owner shall obtain an
  513  annual certification from a qualified person which certifies
  514  that a maintenance program and plan is in place for the cooling
  515  tower and that all actions required under that plan and this
  516  part have been taken, including, but not limited to, all of the
  517  following:
  518         (a)All required bacteriological culture sampling and
  519  analyses.
  520         (b)All Legionella culture sampling and analyses, including
  521  any immediate Legionella culture sampling and analyses performed
  522  pursuant to s. 386.304(2)(d) and (e).
  523         (c)Any disinfection performed pursuant to the standards
  524  specified in s. 386.307(1).
  525         (d)All compliance inspections performed pursuant to
  526  subsection (1).
  527         (3)REPORTING.—All inspection findings, deficiencies,
  528  corrective actions, and certifications must be reported to the
  529  department and maintained by the owner as required by s.
  530  386.303.
  531         Section 10. Section 386.309, Florida Statutes, is created
  532  to read:
  533         386.309 Enforcement.—
  534         (1)The department or a county health department may
  535  require an owner to conduct Legionella culture sampling and
  536  analysis following a determination, based on epidemiologic data
  537  or laboratory testing, that one or more cases of legionellosis
  538  are or may be associated with a cooling tower.
  539         (2)An officer, employee, or agent of the department or the
  540  county health department may enter onto any property to inspect
  541  a cooling tower for compliance with this part and may take water
  542  samples as part of such inspections. Such inspections must be
  543  conducted as provided in s. 487.071.
  544         (3)If an owner fails to register a cooling tower, develop
  545  and maintain a maintenance program and plan for a cooling tower,
  546  obtain certification for a cooling tower, disinfect a cooling
  547  tower, perform or obtain required culture sampling and analysis,
  548  or conduct inspections of a cooling tower as required in this
  549  part, the department or the county health department may
  550  determine that such failure constitutes a nuisance pursuant to
  551  this chapter.
  552         (4)An owner who violates this part is subject to civil and
  553  criminal penalties as provided in s. 386.051. Each day that an
  554  owner remains in violation of this part constitutes a separate
  555  offense.
  556         (5)The State Surgeon General shall submit a report to the
  557  President of the Senate and the Speaker of the House of
  558  Representatives by each January 1 which includes all of the
  559  following information:
  560         (a)For the prior year:
  561         1.The number of new cooling tower registrations issued and
  562  the number of notifications of discontinued use of a cooling
  563  tower received by the department pursuant to s. 386.303 as of
  564  November 1.
  565         2.The number of annual certifications that a cooling tower
  566  was inspected, tested, cleaned, and disinfected received by the
  567  department pursuant to s. 386.308 as of November 1.
  568         3.The number of reports of tests for the presence of
  569  Legionella which reported levels above 1,000 CFU/mL received by
  570  the department.
  571         4.The number of inspections of cooling towers conducted by
  572  the department, or a county health department on behalf of the
  573  department, along with the number and types of any violations
  574  cited during such inspections.
  575         5.The number of cleanings, disinfections, or other actions
  576  performed by or on behalf of the department.
  577         6.The number of persons diagnosed with legionellosis in
  578  this state to the extent known or reasonably discoverable by the
  579  department.
  580         (b)Recommendations as to whether department rules should
  581  be amended to include requirements for any of the building water
  582  systems described in ANSI/ASHRAE Standard 188-2018,
  583  Legionellosis: Risk Management for Building Water Systems.
  584         (c)Information regarding the implementation of any such
  585  requirements, their effectiveness in preventing outbreaks of
  586  legionellosis, and recommendations for improvements or
  587  modifications to department rules to further the control of
  588  Legionella.
  589         Section 11. Section 386.3101, Florida Statutes, is created
  590  to read:
  591         386.3101Waivers.—The department may issue a written
  592  general or specific waiver with respect to this part if the
  593  department determines that such waiver will not present a danger
  594  to public health. The department may revoke the waiver upon a
  595  determination that the waiver may present a danger to public
  596  health.
  597         Section 12. Until December 31, 2021, an owner may submit a
  598  written application to a county health department for a variance
  599  from any requirement of this part for additional time to come
  600  into compliance with this act. A variance may not exceed 90
  601  days. The application must include an explanation as to why the
  602  variance will not present a danger to public health. With the
  603  approval of the Department of Health, the county health
  604  department may approve such application for a variance in
  605  writing, subject to any conditions that the department or county
  606  health department may deem appropriate to protect public health.
  607  The department or the county health department may revoke a
  608  variance upon a determination that the variance may present a
  609  danger to public health.
  610         Section 13. If any provision of this act or its application
  611  to any person or entity or circumstance is held invalid, the
  612  invalidity does not affect other provisions or applications of
  613  the act which can be given effect without the invalid provision
  614  or application, and to this end the provisions of this act are
  615  severable.
  616         Section 14. This act shall take effect July 1, 2020.