H 1377

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    HB 1377  2026
1A bill to be entitled
2An act relating to water safety for cooling towers,
3domestic water holding tanks, and supplemental
4disinfection systems; creating part III of ch. 386,
5F.S., entitled "Water Safety for Cooling Towers,
6Domestic Water Holding Tanks, and Supplemental
7Disinfection Systems"; creating s. 386.301, F.S.;
8providing legislative intent; creating s. 386.302,
9F.S.; providing definitions; creating s. 386.303,
10F.S.; requiring that owners of cooling towers,
11domestic water holding tanks, and supplemental
12disinfection systems register them with the Department
13of Health; requiring the department to create a
14statewide electronic system for such registrations;
15providing minimum requirements for the registration
16system; requiring that owners of cooling towers,
17domestic water holding tanks, or supplemental
18disinfection systems report specified information to
19the department beginning on a specified date;
20providing department responsibilities regarding the
21registration system; requiring that owners of cooling
22towers maintain certain records for a specified
23timeframe; requiring that a copy of the maintenance
24program and plan be kept on the cooling tower
25premises; providing construction; creating s. 386.304,
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26F.S.; requiring that owners of cooling towers obtain
27or update a maintenance program and plan for existing
28and newly installed cooling towers by a specified
29date; providing requirements for the maintenance
30program and plan; creating s. 386.305, F.S.; requiring
31that certain culture analyses be conducted by
32certified environmental laboratories; providing
33requirements for interpreting the results of such
34analyses; creating s. 386.306, F.S.; requiring that
35owners of cooling towers provide notification to the
36county health department and the public within a
37specified timeframe under specified circumstances;
38requiring county health departments to provide certain
39notification to the department; requiring the county
40health department or, at its discretion, the
41department to determine the method of certain
42notifications; creating s. 386.307, F.S.; providing
43cooling tower disinfection standards; requiring that
44the person conducting the disinfection meet certain
45qualifications; specifying the types of products that
46may be used during a disinfection; providing cooling
47tower efficiency standards; creating s. 386.308, F.S.;
48requiring that owners of cooling towers have the
49cooling towers inspected before initial startup and,
50thereafter, at specified intervals; providing
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51inspection requirements; requiring that persons
52conducting inspections report deficiencies to the
53owner for corrective action; requiring initial and
54annual certification of cooling towers by a specified
55date; providing requirements for certification;
56requiring that all inspection findings, deficiencies,
57corrective actions, and certifications be reported to
58the department and maintained by the owner; creating
59s. 386.309, F.S.; authorizing the department or a
60county health department to require an owner to
61conduct a Legionella culture sampling and analysis
62under certain circumstances; authorizing an officer,
63employee, or agent of the department or county health
64department to enter a property to inspect a cooling
65tower; specifying that certain actions by the owner of
66a cooling tower may constitute a nuisance; providing
67for civil and criminal penalties; requiring the State
68Surgeon General to submit a report to the Legislature
69by a specified date; providing requirements for the
70report; creating s. 386.3101, F.S.; authorizing county
71health departments or the department to issue waivers
72if the waiver does not present a danger to the public
73health; providing requirements for the waivers;
74authorizing county health departments to issue
75variances under certain circumstances for a specified
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76period of time; providing an effective date.
77
78     Be It Enacted by the Legislature of the State of Florida:
79
80Section 1.       Part III of chapter 386, Florida Statutes,
81     consisting of ss. 386.301-386.3101, Florida Statutes, is created
82     and entitled "Water Safety for Cooling Towers, Domestic Water
83     Holding Tanks, and Supplemental Disinfection Systems."
84Section 2.       Section 386.301, Florida Statutes, is created
85     to read:
86386.301     Legislative intent.—The purpose of this part is to
87     protect people from the health hazards of Legionella, a
88     bacterium that is known to originate in improperly sanitized
89     cooling towers, domestic water holding tanks, and building
90     piping systems.
91Section 3.       Section 386.302, Florida Statutes, is created
92     to read:
93386.302     Definitions.—As used in this part, the term:
94(1)     "Bacteriological culture sampling and analysis" means
95     the collection of a water sample for the purpose of measuring
96     the live culture growth of aerobic bacterial populations using
97     heterotrophic plate count, dip slides, or a similar method
98     employed by the industry in accordance with the manufacturer's
99     directions for use.
100(2)     "Building," unless otherwise expressly indicated by
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101    the text, means all or part of a structure, premises, or lot
102    which is used or is intended to support or shelter a use or
103    occupancy.
104(3)     "Cleaning" means physical, mechanical, or other
105    removal of biofilm, scale, debris, rust, other corrosion
106    products, sludge, algae, and other potential sources of
107    contamination.
108(4)     "Compliance inspection" means the inspection, testing,
109    and other activities that are required on a regular basis in
110    accordance with s. 386.308.
111(5)     "Cooling tower" means an evaporative condenser, a
112    fluid cooler, or another wet cooling device that is capable of
113    aerosolizing water; that contains or is part of a recirculated
114    water system; and that is incorporated into a building's cooling
115    process, industrial process, refrigeration system, or energy
116    production system.
117(6)     "Cooling tower cells" means the smallest subdivisions
118    of a tower which can function independently with regard to air
119    and water flow. Each cell may have one or more fans and one or
120    more distribution systems.
121(7)     "Cooling tower water system" means one or more cooling
122    towers and all of the recirculating water system components,
123    process instruments, and appurtenances through which water flows
124    or comes into contact with chemical applicators, valves, pumps,
125    condensers, heat exchangers, and other related components.
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126(8)     "Corrective action" means disinfection, cleaning,
127    flushing, and other activities to remedy biofilm growth,
128    Legionella proliferation, or other system mechanical problems
129    identified through monitoring, inspections, or other means, as
130    determined by the department.
131(9)     "Cycles of concentration" means the ratio of make-up
132    water volume to blowdown water volume which may be approximated
133    from the ratio of the conductivity of the blowdown water to the
134    conductivity of the make-up water.
135(10)        "Department" means the Department of Health.
136(11)        "Dip slide" means a method to test for microorganisms
137    which consists of a sterile culture medium affixed to a sterile
138    slide that is dipped directly into the sampled liquid.
139(12)        "Disinfection" means the use of one or more biocides
140    at a defined concentration, under specified conditions, for an
141    established period of time to kill or inactivate pathogenic
142    microorganisms. The term does not include the cleaning of a
143    cooling tower through the application of detergents, penetrants,
144    brushes or other tools, highly pressurized water, or any other
145    method that does not involve the use of a pesticide or economic
146    poison, as defined in s. 482.021(23); the use of a pesticide, as
147    defined in s. 487.021(49); or the use of a restricted-use
148    pesticide, as defined in s. 487.021(58).
149(13)        "Domestic water holding tank" means a fixed,
150    enclosed, above-ground or below-ground vessel that is designed,
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151    constructed, and installed to store potable water intended for
152    human consumption, household use, or sanitary purposes within a
153    residential or mixed-use building.
154(14)        "Drift eliminator" means a system of baffles that
155    causes separation of entrained water designed to remove aerosols
156    from cooling tower exhaust.
157(15)        "Heterotrophic plate count" means a measure of the
158    concentration of microorganisms that require an external source
159    of organic carbon for growth, including bacteria, yeasts, and
160    mold, in water samples.
161(16)        "Legionella" means the genus of bacteria that is
162    ubiquitous in aqueous environments, including the recirculated
163    water of cooling tower water systems that are not properly or
164    regularly maintained.
165(17)        "Legionella culture sampling and analysis" means the
166    collection of a water sample for the measurement of the live
167    culture of Legionella involving the use of specialized media and
168    laboratory methods for growth to determine the species and
169    serogroup.
170(18)        "Maintenance program and plan" means a written
171    document, developed by a qualified person, which specifies
172    required monitoring, cleaning, disinfection, and other practices
173    for the prevention and control of Legionella growth in a cooling
174    tower water system, and is in accordance with sections 5, 6, and
175    7.2 of ANSI/ASHRAE Standard 188-2018, Legionellosis: Risk
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176    Management for Building Water Systems and the manufacturer's
177    instructions.
178(19)        "Owner" means all of the following:
179(a)      A person, agent, firm, partnership, corporation, or
180    other legal entity that has a legal or equitable interest in, or
181    control of, a cooling tower or the premises of the cooling
182    tower.
183(b)      The legal owner of the building.
184(c)      A tenant, if the tenant:
1851.      Owns a cooling tower that services the tenant's leased
186    premises; or
1872.      Does not own the cooling tower but has a lease or
188    contractual arrangement to maintain the cooling tower.
189(20)        "Qualified person" means a professional engineer
190    licensed and registered in this state; a Class E water treatment
191    operator licensed and registered in this state; a certified
192    industrial hygienist; a certified water technologist; a
193    professional with training and experience in developing
194    management plans and performing inspections in accordance with
195    industry protocols, including, but not limited to, NSF Protocol
196    453-2017: Cooling Towers – Treatment, Operation, and Maintenance
197    to Prevent Legionellosis; or an environmental consultant who has
198    at least 2 years of operational experience in water management
199    planning and operation.
200(21)        "Supplemental disinfection system" means a
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201    permanently installed treatment system designed to provide
202    additional microbial protection for potable water supplied to a
203    residence or residential facility. The system:
204(a)     May include chlorine, chlorine dioxide, or
205    monochloramine for chlorination or chloramine injection systems
206    and disinfection processes approved by the Department of
207    Environmental Protection for potable water use.
208(b)     Must be constructed of materials certified for contact
209    with drinking water and designed to operate within the
210    manufacturer's specified flow, pressure, and water quality
211    parameters.
212(c)     Must be installed in accordance with applicable
213    plumbing, electrical, and public health codes.
214(d)     Must incorporate appropriate monitoring; control; and
215    safety features, including alarms; dosage controls; fail-safe
216    shutdown mechanisms; and provisions to prevent contamination or
217    backflow into the potable water supply.
218Section 4.       Section 386.303, Florida Statutes, is created
219    to read:
220386.303     Registration; reporting; recordkeeping.—
221(1)     REGISTRATION.—Before initial operation, and upon any
222    change in ownership, the owner of a cooling tower water system,
223    domestic water holding tank, or supplemental disinfection system
224    shall register each of his or her cooling tower water systems,
225    domestic water holding tanks, or supplemental disinfection
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226    systems with the department using a statewide electronic system
227    designated by the department. The registration system must
228    require, at a minimum, all of the following information:
229(a)     The street address of the building at which the
230    cooling tower is located.
231(b)     The name, address, telephone number, and e-mail
232    address of each cooling tower owner.
233(c)     The total number of cooling towers, domestic water
234    holding tanks, or supplemental disinfection systems.
235(d)     The name of the manufacturer of the system.
236(e)     The model number of the system.
237(f)     The specific unit serial number of the system, if
238    available.
239(g)     The cooling capacity of the cooling tower in tons, the
240    volume of the domestic water holding tank in gallons, and the
241    total gallons treated yearly for the supplemental disinfection
242    system.
243(h)     The volume of the cooling tower water system,
244    inclusive of any piping, basin, or sump.
245(i)     The intended use of the cooling tower.
246(j)     Whether systematic disinfection in accordance with s.
247    386.307 is maintained manually, through timed injection, or
248    through continuous delivery.
249(k)     Whether maintenance is performed by an employee, a
250    contractor, or another party.
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251(l)      The year the cooling tower was placed into service.
252(2)      REPORTING.—
253(a)      Beginning July 1, 2027, a cooling tower, domestic
254    water holding tank, or supplemental disinfection system owner
255    shall report through the statewide electronic system all of the
256    following information to the department at least every 90 days
257    while the cooling tower, domestic water holding tank, or
258    supplemental disinfection system is in use:
2591.      The date of the last bacteriological culture sample
260    collection, the results of the analysis, and the designated due
261    date of any remedial action that is required pursuant to s.
262    386.304(2)(a).
2632.      The date of the last Legionella culture sample
264    collection, the results of the sample analysis, and the date
265    that any remedial action was taken as required by s.
266    386.304(2)(b)-(e).
2673.      The date of the last compliance inspection performed
268    pursuant to s. 386.308 and the resulting standardized inspection
269    report.
2704.      The date of the lowest daily cycles of concentration
271    recorded, and the target number of cycles.
2725.      The average daily make-up water volume and blowdown
273    water volume.
2746.      The percentage of make-up water that is delivered to
275    the cooling tower versus the blowdown water volume.
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2767.      The date of most recent certification pursuant to s.
277    386.308.
2788.      The date of removal or permanent discontinuation of use
279    of the cooling tower, if applicable.
2809.      Any other information deemed necessary by the
281    department.
282(b)      If a landlord and a tenant are considered to be owners
283    of a cooling tower, as defined in s. 386.302, only one of the
284    parties is required to register the cooling tower. However, both
285    parties are responsible for ensuring that registration and
286    reporting are completed as required by this part.
287(3)      STATEWIDE SYSTEM.—
288(a)      The department shall make the data in the statewide
289    electronic system:
2901.      Publicly available, as appropriate.
2912.      Fully accessible to and searchable by county health
292    departments.
293(b)      This part does not prohibit a county health department
294    or the Department of Agriculture and Consumer Services from
295    requiring registration with and reporting to a county system or
296    collecting fees associated with the administration of such a
297    system.
298(c)      The department shall provide owners with a mobile data
299    collection platform that is compatible with Android and Apple
300    devices and that electronically collects, and allows owners to
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301    electronically submit, the information required by this part.
302(4)      RECORDKEEPING.—A cooling tower owner shall:
303(a)      Maintain for at least 3 years all of the following
304    records:
3051.      Required sampling and analyses.
3062.      Disinfection schedules and applications.
3073.      Inspection findings, deficiencies, and corrective
308    actions.
3094.      Required certifications.
310(b)      Maintain on the premises of the cooling tower a copy
311    of the current maintenance program and plan required by this
312    part.
313(c)      Make the records and plan required under this
314    subsection immediately available to the department or county
315    health department upon request.
316Section 5.       Section 386.304, Florida Statutes, is created
317    to read:
318386.304      Maintenance program and plan.—
319(1)      The owner of a cooling tower shall:
320(a)      By September 1, 2027, develop or update a maintenance
321    program and plan for each existing cooling tower which must be
322    consistent with section 7.2 of ANSI/ASHRAE Standard 188-2018,
323    Legionellosis: Risk Management for Building Water Systems.
324(b)      After September 1, 2027, maintain such a maintenance
325    program and plan for each newly installed cooling tower.
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326(2)      The maintenance program and plan must include all of
327    the following elements:
328(a)      A schedule for routine bacteriological culture
329    sampling and analysis to assess microbiological activity. The
330    sampling and analysis must be conducted at intervals of not more
331    than 28 days while the cooling tower is in use and must require
332    additional bacteriological culture sampling and analysis, as
333    needed, to validate process adjustments.
334(b)      A schedule for routine Legionella culture sampling and
335    analysis within 14 days after startup and, thereafter, while the
336    cooling tower is in use, at monthly intervals. Cooling towers in
337    use year-round must conduct sampling and analysis at intervals
338    of not more than 30 days and within 2 weeks after startup
339    following maintenance.
340(c)      A procedure for achieving water efficiency by
341    maintaining a minimum of three cycles of concentration using
342    automatic conductivity control or for estimating the percentage
343    of water savings through the installation of water meters on
344    make-up and blowdown lines.
345(d)      A requirement that, in addition to development of the
346    routine Legionella culture sampling and analysis schedule
347    required by paragraph (b), immediate Legionella culture sampling
348    and analysis be conducted in the event of any of the following:
3491.      A mechanical breakdown of the cooling tower water
350    system for more than 72 hours.
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3512.      A power failure affecting the cooling tower system for
352    more than 72 hours.
3533.      A loss of biocide treatment of the cooling tower system
354    for more than 72 hours.
3554.      Failure of conductivity control or any other control
356    methods for more than 72 hours.
3575.      A determination by the department or a county health
358    department that one or more cases of legionellosis are or may be
359    associated with the cooling tower, based on epidemiologic data
360    or laboratory testing.
3616.      Any other conditions specified by the department or a
362    county health department.
363(e)      A requirement that an owner take immediate and
364    appropriate action, including remedial action, in response to a
365    bacteriological or Legionella culture analysis. For
366    bacteriological analysis results, the response must include, but
367    need not be limited to, taking action as required by s.
368    386.305(2). For Legionella culture analysis results, the
369    response must include, but need not be limited to, taking action
370    as required by s. 386.305(3) and contacting the county health
371    department as required by s. 386.306.
372(f)      A requirement that any Legionella culture analyses be
373    performed pursuant to s. 386.305(1).
374(g)      A shutdown and disinfection plan for removing or
375    permanently discontinuing use of a cooling tower.
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376(h)      Requirements for treatment and manual or automated
377    flushing of any piping, basin, sump, or wetted surface during
378    idle conditions.
379Section 6.       Section 386.305, Florida Statutes, is created
380    to read:
381386.305      Culture analyses.—
382(1)      LABORATORY REQUIREMENTS.—A culture analysis must be
383    performed by an environmental laboratory certified pursuant to
384    s. 403.0625 which is approved to perform such an analysis.
385(2)      INTERPRETATION OF BACTERIOLOGICAL ANALYSIS RESULTS
386    FROM COOLING TOWERS.—
387(a)     Level 1.—Samples with a culture result that is less
388    than 10,000 colony-forming units per milliliter (CFU/mL). The
389    cooling tower owner shall maintain the treatment program and
390    bacteriological monitoring in accordance with the cooling
391    tower's maintenance program and plan.
392(b)     Level 2.—Samples with a culture result that is greater
393    than or equal to 10,000 CFU/mL but less than 100,000 CFU/mL. The
394    cooling tower owner shall do all of the following until the
395    water sample culture results meet the Level 1 criteria:
3961.      Review the treatment program.
3972.      Initiate immediate disinfection by increasing biocide
398    concentration or using a different biocide within 24 hours after
399    receiving the analysis results.
4003.      Retest the water within 3 to 7 days after receiving the
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401    analysis results.
402(c)     Level 3.—Samples with a culture result that is greater
403    than or equal to 100,000 CFU/mL but less than 1,000,000 CFU/mL.
404    The cooling tower owner shall do all of the following until the
405    water sample culture results meet the Level 1 criteria:
4061.      Review the treatment program and provide notification
407    as required by s. 386.306.
4082.      Increase biocides within 24 hours after receiving the
409    analysis results.
4103.      Perform a visual inspection to evaluate the need to
411    perform cleaning and additional disinfection.
4124.      Retest the water within 3 to 7 days after receiving the
413    analysis results.
414(d)     Level 4.—Samples with a culture result that is greater
415    than or equal to 1,000,000 CFU/mL. The cooling tower owner shall
416    do all of the following until the water sample culture results
417    meet the Level 1 criteria:
4181.      Review the treatment program and provide notification
419    as required by s. 386.306.
4202.      Increase biocides within 2 hours after receiving the
421    analysis results.
4223.      Within 48 hours after receiving the analysis results,
423    perform remediation of the tower by hyper halogenating,
424    cleaning, and flushing the tower.
4254.      Retest the water within 3 to 7 days after receiving the
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426    analysis results.
427(3)      INTERPRETATION OF LEGIONELLA CULTURE RESULTS FROM
428    COOLING TOWERS.—
429(a)     Level 1.—Legionella culture sample results of less
430    than 20 CFU/mL. The cooling tower owner shall maintain the
431    treatment program and monitoring in accordance with the
432    maintenance program and plan for the cooling tower.
433(b)     Level 2.—Legionella culture sample results of more
434    than or equal to 20 CFU/mL but less than 1,000 CFU/mL. The
435    cooling tower owner shall do all of the following until the
436    water sample culture results meet the Level 1 criteria:
4371.      Review the treatment program.
4382.      Perform immediate online disinfection.
4393.      Retest the water within 3 to 7 days after receiving the
440    analysis results.
441a.      If the retest indicates a presence of Legionella of
442    more than or equal to 20 CFU/mL but less than 100 CFU/mL, the
443    cooling tower owner must repeat the online disinfection.
444b.      If the subsequent retest indicates a presence of
445    Legionella of more than or equal to 100 CFU/mL but less than
446    1,000 CFU/mL, the cooling tower owner must further investigate
447    the water treatment program and immediately perform online
448    disinfection.
449(c)     Level 3.—Legionella culture sample results of more
450    than or equal to 1,000 CFU/mL. The cooling tower owner shall do
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451    all of the following until the water sample culture results meet
452    the Level 1 criteria:
4531.      Review the treatment program.
4542.      Provide notification as required by s. 386.306.
4553.      Institute immediate system decontamination.
4564.      Retest the water within 3 to 7 days after receiving the
457    analysis results.
458a.      If the retest indicates a presence of Legionella of
459    more than or equal to 20 CFU/mL but less than 1,000 CFU/mL, the
460    cooling tower owner must take the actions required under
461    paragraph (b).
462b.      If the subsequent retest indicates a presence of
463    Legionella of more than or equal to 1,000 CFU/mL, the owner must
464    perform system decontamination.
465Section 7.       Section 386.306, Florida Statutes, is created
466    to read:
467386.306      Notification.—A cooling tower owner shall:
468(1)      Notify the county health department within 24 hours
469    after receiving a Legionella water sample culture result that
470    exceeds 1,000 colony-forming units per milliliter. The county
471    health department shall notify the department within 24 hours
472    after receiving such a report.
473(2)      Notify the public of such test results in a manner
474    determined by the county health department or, at the discretion
475    of the department, by the department.
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476Section 8.       Section 386.307, Florida Statutes, is created
477    to read:
478386.307     Cooling tower standards.—
479(1)     DISINFECTION.—
480(a)     A person who disinfects a cooling tower must be a
481    commercial applicator or a certified applicator as defined in s.
482    487.021 who is licensed to apply biocide in a cooling tower and
483    who is certified in accordance with the requirements of the
484    Florida Pesticide Law, or be an apprentice who is under the
485    direct supervision of a licensed applicator, as defined in s.
486    487.021.
487(b)     The cooling tower owner shall maintain the name and
488    certification number of the applicator who disinfects the
489    cooling tower under paragraph (a) or the business name and
490    number of the company providing onsite disinfection.
491(c)     Only biocide products registered by the Department of
492    Environmental Protection for use in cooling towers or pesticidal
493    devices produced in an establishment registered by the
494    Environmental Protection Agency may be used to disinfect a
495    cooling tower.
496(2)     EFFICIENCY.—
497(a)     Each cooling tower owner shall install make-up and
498    blowdown meters on each of his, her, or its cooling towers to
499    monitor the total volume of water used by the cooling tower and
500    shall ensure that the cooling tower has an automatic
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501    conductivity controller, a high-efficiency drift eliminator, and
502    an overflow alarm to prevent overflow of the sump in case of
503    make-up water valve failure. The overflow alarm must provide an
504    alert through an energy management control system to the cooling
505    tower operators in the event of an overflow of the sump.
506(b)     All cooling towers must achieve at least eight cycles
507    of concentration using automatic conductivity control.
508(c)     The efficiency of the cooling tower water system must
509    be measured by the percentage of water that is delivered to the
510    cooling tower versus the blowdown water volume.
511(d)     If the local water utility supplies water to the
512    property, water meters must meet the requirements of the
513    utility.
514Section 9.       Section 386.308, Florida Statutes, is created
515    to read:
516386.308     Compliance inspection and certification.—
517(1)     COMPLIANCE INSPECTION.—
518(a)     Each cooling tower owner shall ensure that each of
519    his, her, or its cooling towers is inspected before initial
520    startup and at intervals of not more than every 90 days while in
521    use.
522(b)     A compliance inspection must be performed by a
523    qualified person who is unaffiliated with the water treatment
524    company; a professional engineer licensed in this state; an
525    industrial hygienist; a water technologist; or an environmental
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526    consultant, any of whom must have training and experience in
527    performing inspections in accordance with current standard
528    industry protocols, including, but not limited to, ANSI/ASHRAE
529    Standard 188-2018, Legionellosis: Risk Management for Building
530    Water Systems.
531(c)      Each compliance inspection must include an evaluation,
532    on a standardized inspection form created by the department, of
533    all of the following:
5341.      The cooling tower and associated equipment for the
535    presence of organic material, biofilm, algae, debris, and other
536    visible contaminants.
5372.      The general condition of the cooling tower basin,
538    remote sump, packing material, and drift eliminators.
5393.      The water make-up connections and control, including
540    backflow protection or air gaps, as needed.
5414.      Whether the conductivity control and the make-up and
542    blowdown meters are functioning properly.
5435.      Whether the water treatment equipment, including, but
544    not limited to, pumps, timers, valves, and strain gauges, are
545    functioning properly.
546(d)      Information collected during compliance inspections
547    must be collected and entered into the department's mobile data
548    collection platform, must include the standardized inspection
549    form, and must be submitted to the registration portal by a
550    qualified person as specified in paragraph (b).
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551(e)     The person performing the inspection shall report any
552    deficiencies found to the owner so that corrective action may be
553    taken and document all completed corrective actions using the
554    department's mobile data collection platform.
555(2)     CERTIFICATION.—By November 1, 2026, and by each
556    November 1 thereafter, a cooling tower owner shall obtain an
557    annual certification from a qualified person which certifies
558    that a maintenance program and plan is in place for the cooling
559    tower and that all actions required under that plan and this
560    part have been taken, including, but not limited to, all of the
561    following:
562(a)     All required bacteriological culture sampling and
563    analyses.
564(b)     All Legionella culture sampling and analyses,
565    including any immediate Legionella culture sampling and analyses
566    performed pursuant to s. 386.304(2)(d) and (e).
567(c)     Any disinfection performed pursuant to the standards
568    specified in s. 386.307(1).
569(d)     All compliance inspections performed pursuant to
570    subsection (1).
571(3)     REPORTING.—All inspection findings, deficiencies,
572    corrective actions, and certifications must be reported to the
573    department and maintained by the owner as required by s.
574    386.303.
575Section 10.  Section 386.309, Florida Statutes, is created
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576    to read:
577386.309     Enforcement.—
578(1)     The department or a county health department may
579    require an owner to conduct Legionella culture sampling and
580    analysis following a determination, based on epidemiologic data
581    or laboratory testing, that one or more cases of legionellosis
582    are or may be associated with a cooling tower.
583(2)     An officer, employee, or agent of the department or
584    the county health department may enter onto any property to
585    inspect a cooling tower for compliance with this part and may
586    take water samples as part of such inspections. Such inspections
587    must be conducted as provided in s. 487.071.
588(3)     If an owner fails to register a cooling tower, develop
589    and maintain a maintenance program and plan for a cooling tower,
590    obtain certification for a cooling tower, disinfect a cooling
591    tower, perform or obtain required culture sampling and analysis,
592    or conduct inspections of a cooling tower as required in this
593    part, the department or the county health department may
594    determine that such failure constitutes a nuisance pursuant to
595    this chapter.
596(4)     An owner who violates this part is subject to civil
597    and criminal penalties as provided in s. 386.051. Each day that
598    an owner remains in violation of this part constitutes a
599    separate offense.
600(5)     The State Surgeon General shall submit a report to the
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601    President of the Senate and the Speaker of the House of
602    Representatives by each January 1 which includes all of the
603    following information:
604(a)      For the prior year:
6051.      The number of new cooling tower registrations issued
606    and the number of notifications of discontinued use of a cooling
607    tower received by the department pursuant to s. 386.303 as of
608    November 1.
6092.      The number of annual certifications that a cooling
610    tower was inspected, tested, cleaned, and disinfected received
611    by the department pursuant to s. 386.308 as of November 1.
6123.      The number of reports of tests for the presence of
613    Legionella which reported levels above 1,000 CFU/mL received by
614    the department.
6154.      The number of inspections of cooling towers conducted
616    by the department, or a county health department on behalf of
617    the department, along with the number and types of any
618    violations cited during such inspections.
6195.      The number of cleanings, disinfections, or other
620    actions performed by or on behalf of the department.
6216.      The number of persons diagnosed with legionellosis in
622    this state to the extent known or reasonably discoverable by the
623    department.
624(b)      Recommendations as to whether department rules should
625    be amended to include requirements for any of the building water
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626    systems described in ANSI/ASHRAE Standard 188-2018,
627    Legionellosis: Risk Management for Building Water Systems.
628(c)     Information regarding the implementation of any such
629    requirements, their effectiveness in preventing outbreaks of
630    legionellosis, and recommendations for improvements or
631    modifications to department rules to further the control of
632    Legionella.
633Section 11.  Section 386.3101, Florida Statutes, is created
634    to read:
635386.3101        Waivers.—The department may issue a written
636    general or specific waiver with respect to this part if the
637    department determines that such waiver will not present a danger
638    to public health. The department may revoke the waiver upon a
639    determination that the waiver may present a danger to public
640    health.
641Section 12.  Until December 31, 2027, an owner may submit a
642    written application to a county health department for a variance
643    from any requirement of this part for additional time to come
644    into compliance with this act. A variance may not exceed 90
645    days. The application must include an explanation as to why the
646    variance will not present a danger to public health. With the
647    approval of the Department of Health, the county health
648    department may approve such application for a variance in
649    writing, subject to any conditions that the department or county
650    health department may deem appropriate to protect public health.
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651    The department or the county health department may revoke a
652    variance upon a determination that the variance may present a
653    danger to public health.
654Section 13.  This act shall take effect July 1, 2026.
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