House of Representatives Staff Analysis: PCS for HB 463 Community Association Pools (2021)

Summary

A Florida House of Representatives staff analysis of the PCS for HB 463, Community Association Pools, sponsored by the Professions & Public Health Subcommittee and dated March 31, 2021. The analysis explains that the Department of Health regulates public swimming pools under ch. 514, F.S., and that HOA pools are not exempt even where the HOA has 32 homes or less. It states HB 463 exempts HOAs and other property associations with no more than 32 units or parcels from supervision under ch. 514, F.S., except for water quality and ss. 514.0315, 514.05, and 514.06, F.S. The fiscal analysis reports a Department of Health estimate that it could lose a total of $50,000 in annual operating permits for 200 HOA pools. The bill provides an effective date of July 1, 2021.

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                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 463 Community Association Pools
SPONSOR(S): Professions & Public Health Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                       ACTION                   ANALYST                STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  Orig. Comm.: Professions & Public Health                                                 Woodruff               McElroy
     Subcommittee

                                                        SUMMARY ANALYSIS
A homeowners’ association (HOA) is an association of residential property owners in which voting membership
is made up of parcel owners, membership is a mandatory condition of parcel ownership, and which is
authorized to impose assessments that, if unpaid, may become a lien on the parcel.

The Department of Health (DOH) is responsible for the oversight and regulation of water quality and safety of
public swimming pools in Florida. In order to operate or continue to operate a public swimming pool, a valid
operating permit from DOH must be obtained. DOH may, at any reasonable time, enter any and all parts of a
public swimming pool to examine and investigate the pool’s sanitary and safety conditions. County health
departments are responsible for the routine surveillance of water quality in all public swimming pools. Pools
that are used by condominiums or cooperatives with 32 units or less and which are not being operated as
public lodging establishes are exempt from DOH’s public pools requirements, except for maintaining water
quality standards. HOA pools are not exempt from DOH regulation even where the HOA has 32 homes or less.

HB 463 specifies that HOAs and other property associations with 32 units or less and which are not operated
as pubic lodging establishments are exempt from supervision under ch. 514, F.S., except for supervision
necessary to ensure water quality and under ss. 514.0315, 514.05, and 514.06, F.S.

There is an insignificant, negative fiscal impact on DOH. There is no fiscal impact on local governments.

The bill provides an effective date of July 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs0463.PPH
DATE: 3/31/2021
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Homeowners’ Associations

         The Florida Division of Condominiums, Timeshares and Mobile Homes (Division), within the
         Department of Business and Professional Regulation, provides consumer protection for Florida
         residents living in regulated communities through education, complaint resolution, mediation and
         arbitration, and developer disclosure. The Division has regulatory authority over Homeowners’
         Associations (limited to arbitration of election and recall disputes).

         A homeowners’ association (HOA) is an association of residential property owners in which voting
         membership is made up of parcel owners, membership is a mandatory condition of parcel ownership,
         and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel.1 Only
         HOAs whose covenants and restrictions include mandatory assessments are regulated by ch. 720, F.S.
         Like a condominium or cooperative, an HOA is administered by an elected board of directors. The
         powers and duties of an HOA include the powers and duties provided in ch. 720, F.S., and in the
         association’s governing documents, which include the recorded covenants and restrictions, together
         with the bylaws, articles of incorporation, and duly adopted amendments to those documents. Current
         law sets procedures and minimum requirements for HOA operation and provides for a mandatory
         binding arbitration program, administered by the Division for certain election and recall disputes, but no
         state agency has direct oversight of HOAs.

         HOA Swimming Pools

         The Department of Health (DOH) is responsible for the oversight and regulation of water quality and
         safety of public swimming pools2 in Florida under ch. 514, F.S. In order to operate or continue to
         operate a public swimming pool, a valid operating permit from DOH must be obtained. If DOH
         determines that the public swimming pool is, or may reasonably be expected, to be operated in
         compliance with state laws and rules, DOH will issue a permit. However, if it is determined that the pool
         is not in compliance with state laws and rules, the application for a permit will be denied. DOH is
         authorized to establish a schedule of fees for plan approval and permitting.3 Operating permits must be
         renewed annually and may be transferred from one name or owner to another.4

         The Virginia Graeme Baker federal Pool and Spa Safety Act of 20075 implemented by the Consumer
         Product Safety Commission, and duplicated in s. 514.0315, F.S., requires all public swimming pools to
         assure compliance for anti-entrapment safety features to prevent drowning and entrapment injuries.


         DOH may, at any reasonable time, enter any and all parts of a public swimming pool to examine and
         investigate the pool’s sanitary and safety conditions.6 County health departments are responsible for
         the routine surveillance of water quality in all public swimming pools.7

1 S. 720.301(9), F.S.
2 S. 514.011(2) defines “public swimming pool” or “public pool” to include a watertight structure of concrete, masonry, or other approved

materials which is located either indoors or outdoors, used for bathing or swimming by humans, and filled with a filtered and disinfected
water supply, together with buildings, appurtenances, and equipment used in connection therewith. A public swimming pool or public
pool means a conventional pool, spa-type pool, wading pool, special purpose pool, or water recreation attraction, to which admission
may be gained with or without payment of a fee and includes, but is not limited to, pools operated by or serving camps, churches, cities,
counties, day care centers, group home facilities for eight or more clients, health spas, institutions, parks, state agencies, schools,
subdivisions, or the cooperative living-type projects of five or more living units, such as apartments, boardinghouses, hotels, mobile
home parks, motels, recreational vehicle parks, and townhouses.
3 S. 514.033, F.S.
4 Ss. 514.031(2) and (3), F.S.
5 15 U.S.C. §8003

STORAGE NAME: pcs0463.PPH                                                                                                        PAGE: 2
DATE: 3/31/2021
         Pools that are used by condominiums or cooperatives with 32 units or less and which are not being
         operated as public lodging establishments are exempt from DOH’s public pools requirements, except
         for maintaining water quality standards.8 HOA pools are not exempt from DOH regulation, even where
         the HOA has 32 homes or less.

         DOH estimates that 200 public swimming pools would be effected if HOA pools were exempt from DOH
         regulation.9

         Effect of Proposed Changes

         HB 463 specifies that HOAs and other property associations which have no more than 32 units or
         parcels and which are not operated as pubic lodging establishments are exempt from supervision
         under ch. 514, F.S., except for:

                    Supervision necessary to ensure water quality.
                    Section 514.0315, F.S., related to required safety features for public swimming pools and spas.
                    Section 514.05, F.S., related to denial, suspension, or revocation of permit; administrative fines.
                    Section 514.06, F.S., related to injunction to restrain violations.


    B. SECTION DIRECTORY:
         Section 1: Amending s. 514.0115, F.S., related to exemptions from supervision or regulation; venues.
         Section 2: Amending s. 553.77, F.S., related to specific powers of the commission.
         Section 3: Provides an effective date.


                              II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             DOH estimates it could lose a total of $50,000 in annual operating permits if the 200 HOA public
             swimming pools are exempt from DOH regulation.10

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         None.

6 S. 514.04, F.S.
7 S. 514.025, F.S.
8 S. 514.0115(2), F.S.
9 Email from Gary Landry, Florida Department of Health, re: data request, (Mar. 30, 2021)(on file with Professions & Public Health

Subcommittee staff).
10 Id.

STORAGE NAME: pcs0463.PPH                                                                                                       PAGE: 3
DATE: 3/31/2021
   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision
         Not applicable. The bill does not appear to affect county or municipal governments.


       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not require rulemaking to implement the bill’s provisions.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                            IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0463.PPH                                                                      PAGE: 4
DATE: 3/31/2021


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