HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 463 Community Association Pools
SPONSOR(S): Professions & Public Health Subcommittee, Roach
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Professions & Public Health Subcommittee 13 Y, 0 N, As CS Woodruff McElroy
2) Health & Human Services Committee 20 Y, 0 N Woodruff Calamas
SUMMARY ANALYSIS
A homeowners’ association (HOA) is an association of residential property owners in which voting membership
is made up of parcel owners and HOA membership is a mandatory condition of parcel ownership. HOAs may
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 establishments 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.
CS/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.
The bill has an insignificant, negative, recurring fiscal impact on DOH, and 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: h0463b.HHS
DATE: 4/14/2021
 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. 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,2 but no state agency has direct oversight of HOAs.
HOA Swimming Pools
The Department of Health (DOH) oversees and regulates water quality and safety of Florida’s public
swimming pools3 under ch. 514, F.S. To operate or continue to operate a public swimming pool, the
owner must hold a valid operating permit from DOH. DOH will issue an operating permit if it determines
that the public swimming pool is, or may reasonably be expected, to be operated in compliance with
state laws and rules. However, if DOH determines that the pool is not in compliance with state laws and
rules, it will deny the application for an operating permit. DOH collects an initial operating fee and
annual operating renewal fees4 Operating permits must be renewed annually and may be transferred
from one name or owner to another.5
The federal Virginia Graeme Baker Pool and Spa Safety Act of 20076 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.7 County health departments are responsible for
the routine surveillance of water quality in all public swimming pools.8
1 S. 720.301(9), F.S.
2 S. 720.306(9)(c), F.S.
3 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.
4 R. 64E-9.015, F.A.C. (Initial operating permits are $150.00 and annual operating renewal fees are $250.00.)
5 Ss. 514.031(2) and (3), F.S.
6 15 U.S.C. §8003
7 S. 514.04, F.S.
8 S. 514.025, F.S.
STORAGE NAME: h0463b.HHS PAGE: 2
DATE: 4/14/2021
 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, including
the permit requirement, except for maintaining water quality standards.9 A condominium or cooperative
must submit an exemption application and supporting documentation to DOH that the pool to be
exempted serves no more than 32 units, which are not operated as public lodging establishments, and
the pool’s water quality is safe.10 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.11 HOA pools would have to submit an exemption application and supporting documents, but
DOH would not regulate the HOA pools through bi-annual inspection and the operating permit renewal
process.
Effect of Proposed Changes
CS/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. Water quality standards
includes having a potable water system to ensure pool water is free of coliform bacteria contamination
and chemical quality. HOA pools must also comply with required safety standards, which include being
equipped with an anti-entrapment device.
The county health department or DOH may abate or enjoin any HOA swimming pool that presents a
significant public health risk by failing to meet water quality or safety standards.
The bill provides an effective date of July 1, 2021.
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 permit fees if the 200 HOA public
swimming pools are exempt from DOH regulation.12 However, this anticipated loss may be
absorbed within existing resources due to the workload decrease on county health departments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
9 S. 514.0115(2), F.S.
10 R. 64E-9.0035, F.A.C.
11 Email from Gary Landry, Florida Department of Health, re: data request, (Mar. 30, 2021)(on file with Professions & Public Health
Subcommittee staff).
12 Id.
STORAGE NAME: h0463b.HHS PAGE: 3
DATE: 4/14/2021
 2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
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: h0463b.HHS PAGE: 4
DATE: 4/14/2021


Statutes affected:
H 463 Filed: 514.0115