TALLAHASSEE — A measure pushed by the Orlando-based developer of Universal’s Volcano Bay would have exempted from state regulation the construction and operation of small-scale surf pools, but it went out with the tide and died when the legislative session ended last week.
The measure, backed by Martin Aquatic, would have benefited some of its projects in the planning stages, said Kerry Martin, the company’s communications director.
“We didn’t really have a hand in the language, but we’ve asked Robert to push that on our behalf,” Martin said, referring to lobbyist Robert Stuart, Jr., son of former Orlando Commissioner Robert Stuart.
The proposed change would not have impacted Martin Aquatic’s latest project, a collaboration with the Mattel Corp. to build a new water park resort in Orlando, the first of five planned for the country.
But it could have helped it with other projects. The company’s website lists a confidential Central Florida surf lagoon and resort that has yet to be disclosed to the public.
State law exempts surf pools of four acres or more from Department of Health regulations, until such time as the Department of Health develops its own rules.
An amendment to a health bill, filed by Sen. Debbie Mayfield, R-Vero Beach, would have lowered that cap to one-quarter acre. The amendment was never discussed or voted on, and Mayfield withdrew it just days before the end of session.
Mayfield has received $7,500 since last March from the ARDA Resort Owners PAC, which advocates for time shares and water park resorts. ARDA Resort Owners has given $147,000 this election cycle to candidates, political committees and the Republican Party of Florida.
Mayfield didn’t return calls requesting comment on her amendment.
Current law already permits Mattel to go forward with an 11-acre wave park that the company announced in November with Martin Aquatics, American Resort Management and I-Dentity Group.
Artificial wave pool technology has advanced rapidly in the last several years, industry officials said, but the two state departments that oversee pool construction in Florida haven’t caught up with the building codes and health regulations.
The proposed change would have allowed surf pool companies to embrace new technologies, they said, so they could build neighborhood surf pools far smaller than the first generation of sprawling surf pools built over several acres of land.
The Florida Building Commission proposed rules and definitions for surf pools in 2023, including construction codes and setting pool dimensions as small as a quarter-acre to account for the newer technology.
Martin Aquatic has built water parks, surf pools and aquatic-themed resorts all over the world. In addition to Volcano Bay, it designed Fantasy Springs at Tokyo Disney Sea park, and water parks for several cruise ship lines in the Bahamas.
It also planned and built The Point Surfpark in Fellsmere, and is building the future Shell Point Beach and Surf Club in Panama City Beach and the soon to open Four Seasons Shipyards in Jacksonville.
The Legislature passed the original four-acre exemption six years ago for a proposed $595 million surfing resort in Fort Pierce.
The exemption allows local governments to issue special use permits for surf pools of four acres or more, have regulatory oversight of the construction of the pool and sets conditions for the pool’s operation, water quality, and lifesaving equipment.