Title: Playground Safety

Summary: Designates act as "Playground Safety Act"; requires new & existing playgrounds open to public to comply with specified national safety standards & guidelines; requires inspections of playgrounds by certified playground safety inspectors; authorizes counties & municipalities to require permits & charge fees for construction or renovation of certain playgrounds; prohibits use of state funds for construction or retrofit of playgrounds unless playground meets certain safety requirements.

Full Text:
WHEREAS, the United States Consumer Product Safety Commission estimates that every year mo re than 200,000 children are injured severely enough on playgrounds to necessitate a trip to a hospital, and WHEREAS, the United States Consumer Product Safety Commission also estimates that between five and fifteen children die annually as a result of da ngerous or defective playgrounds, and WHEREAS, according to the American Academy of Dermatology, one in five Americans will develop some form of skin cancer during their lives and so designing play structures to provide or create shade opportunities is es sential to protect children's skin from the sun, and WHEREAS, other states have playground safety laws, but there are currently no laws in Florida to prevent these tragedies, and WHEREAS, the Legislature intends for all playgrounds in the state to be sa fe for children by requiring that playgrounds open to the public comply with national playground safety standards from ASTM International, formerly the American Society for Testing and Materials, and with national safety guidelines from the United States Consumer Product Safety Commission, NOW THEREFORE Be It Enacted by the Legislature of the State of Florida: Section 1. This act may be cited as the "Playground Safety Act." Section 2. (1) DEFINITIONS.-As used in this section, the term: (a) "Certified playground safety inspector" means an individual who successfully completes the program requirements for certification as a playground safety inspector by the National Recreation and Park Association. HB 1431 2014 (b) "Public playground owner" or "owner" mea ns an entity that provides a playground open to the public and includes a subdivision, park, school, apartment complex, hotel, motel, resort, campground, office, hospital, shopping center, child care facility, homeowners' association, or restaurant. The te rm does not include a foster home, group home, or family day care home. (c) "Park" means all public and private property specifically designated as being used for recreational purposes where children regularly congregate. (d) "Playground" means an indo or or outdoor area designated for children that has one or more nonmechanized structures, including swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, and surfacing material. The term does not inc lude improved outdoor or indoor areas intended for use as an athletic playing field or court. (e) "Public agency" means the state or a county, municipality, special district, or other political subdivision that builds or provides playgrounds open to the public. (2) PLAYGROUND STANDARDS.-(a) Effective July 1, 2015, all new playgrounds open to the public that are built or installed by a public agency or a public playground owner shall conform to the playground safety standards set forth by ASTM Interna tional, formerly the American Society for Testing and Materials, in standard specifications HB 1431 2014 F1292, F1487, F1918, and F2049 and the playground safety guidelines set forth in the Public Playground Safety Handbook No. published by the United States Consum er Product Safety Commission. (b) A public agency or owner of a playground that is open to the public on July 1, 2015, shall have a certified playground safety inspector conduct an initial safety inspection no later than July 1, 2016, for the purpose of aiding in compliance with the safety standards and guidelines. A written inspection report may serve as a reference for the public agency or public playground owner for whom the report was written, but it is not intended for any other use or purpose. (c) Effective July 1, 2015, equipment or components of existing playgrounds that are added, replaced, or modified shall conform to the playground safety standards set forth by ASTM International, formerly the American Society for Testing and Materials, in sta ndard specifications F1292, F1487, F1918, and F2049, and the playground safety guidelines set forth in the Public Playground Safety Handbook No. published by the United States Consumer Product Safety Commission. (d) Effective July 1, 2020, all playgr ounds built and installed before July 1, 2015, must conform to the requirements set forth in paragraph (a). (e) Each playground open to the public must be inspected every years by a certified playground safety inspector using the national safety standa rds and guidelines as provided in HB 1431 2014 paragraph (a). The inspection report may serve as a reference for the public agency for whom the report was written, but is not intended for any other use or purpose. (f) By December 1, 2014, each county and municipality must provide on its website that provides building permits and applications, a link to the standards and guidelines for playground safety as provided in this section. (3) FUNDING.-(a) Each county or municipality may require a building permit from eac hpublic playground owner that constructs a new playground or provides a major modification, addition, or replacement of an existing playground. The county or municipality may charge a fee for such permit. (b) A public agency may not use state funds for the planning, development, or redevelopment costs of a playground open to the public unless such playground, when constructed or installed, complies with the playground safety requirements of this section. A public agency that has received but not yet expended a state allocation for a playground project shall retrofit the design of the project to comply with this section before receiving the funding, unless doing so would significantly increase the project costs. (c) After the date that a public agency is required to meet the playground safety standards set forth in subsection (2), a public agency may not use state funds to operate, maintain, or supervise a playground open to the public unless HB 1431 2014 the playground meets the playground safety standards set forth in this section. Section 3. This act shall take effect January 1, 2015.