Bill Text: FL S1586 | 2010 | Regular Session | Introduced

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Bill Title: Playground Safety Requirements [EPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Community Affairs [S1586 Detail]

Download: Florida-2010-S1586-Introduced.html

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Florida Senate - 2010                                    SB 1586 
 
By Senator Justice 
16-00627A-10                                          20101586__ 
1                        A bill to be entitled 
2         An act relating to playground safety requirements; 
3         requiring the Department of Community Affairs, in 
4         consultation with the Department of Education, to 
5         adopt rules establishing safety requirements for 
6         playgrounds; providing definitions; providing 
7         guidelines for the adoption of the safety 
8         requirements; prohibiting the expenditure of public 
9         funds on projects that do not conform to the safety 
10         requirements; providing certain exceptions; providing 
11         an effective date. 
12 
13  Be It Enacted by the Legislature of the State of Florida: 
14 
15         Section 1. (1) As used in this section, the term 
16  “playground” means an improved outdoor area that is designed, 
17  equipped, and used for the play of six or more children, is open 
18  to the public or to users of a facility operated by the operator 
19  of the playground, and is not intended for use as an athletic 
20  playing field or athletic court. The term also includes play 
21  equipment, surfacing, fencing, signs, internal pathways, 
22  internal land forms, landscaping, and related elements used in 
23  the facility. 
24         (2) The Department of Community Affairs, in consultation 
25  with the Department of Education, shall adopt rules for the 
26  design, installation, inspection, and maintenance of 
27  playgrounds. The rules shall meet any standard of care imposed 
28  by law on playground operators and shall conform to the 
29  guidelines and criteria in the 2008 revision of the Handbook for 
30  Public Playground Safety produced by the United States Consumer 
31  Products Safety Commission. The rules shall also include special 
32  provisions for playgrounds for children who attend day care 
33  facilities. The department is not responsible for the 
34  enforcement of any rules adopted pursuant to this section. 
35         (3) Any playground constructed after January 1, 2011, must 
36  conform to the rules adopted pursuant to this section. 
37         (4) Public funds may not be used in the planning, 
38  development, or redevelopment of any playground after July 1, 
39  2011, unless the playground will conform to the rules adopted 
40  pursuant to this section at the completion of the project. 
41  However, if public funds are appropriated to or allocated for a 
42  playground project before July 1, 2011, the funding shall be 
43  maintained if the cost of alterations to bring the playground 
44  into conformance with the rules adopted pursuant to this section 
45  does not exceed 15 percent of the original project cost. 
46         Section 2. This act shall take effect July 1, 2010.