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A bill to be entitled

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An act relating to swimming pool and spa safety; amending

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s. 514.011, F.S.; providing definitions; creating s.

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514.0215, F.S.; requiring public swimming pools and public

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spas to have specified drain safety features; providing

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that any person or entity that violates the requirement to

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install the safety features commits a misdemeanor of the

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second degree; providing criminal penalties; providing for

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a suspension of criminal penalties under certain

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circumstances; amending s. 515.25, F.S.; providing

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definitions; creating s. 515.295, F.S.; requiring that all

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residential swimming pools and spas be equipped with

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certain specified drain safety features; requiring that

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residential pools and spas built after a specified date to

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have certain features; requiring the Department of Health

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to provide periodic notice to owners of swimming pools and

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spas of safety standards and other requirements; requiring

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the department to apply for and implement a federal grant

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for enforcing swimming pool safety standards; requiring

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the Department of Health, the Department of Community

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Affairs, and the Florida Building Commission to assess

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state statutes and the Florida Building Code to determine

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if changes are needed to comply with federal standards

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pertaining to swimming pool and spa safety; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 514.011, Florida Statutes, is amended to

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read:

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     514.011 Definitions.--As used in this chapter, the term:

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     (1) "ASME/ANSI" as applied to a safety standard means a

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standard that is accredited by the American National Standards

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Institute and published by the American Society of Mechanical

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Engineers.

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     (2) "Barrier" means a natural or constructed topographical

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feature that prevents unpermitted access by children to a

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swimming pool, and, with respect to a hot tub, a lockable cover.

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     (3)(1) "Department" means the Department of Health.

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     (4) "Main drain" means a submerged suction outlet typically

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located at the bottom of a swimming pool or spa to conduct water

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to a recirculating pump.

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     (5)(2) "Public swimming pool" or "public pool" means a

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watertight structure of concrete, masonry, or other approved

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materials which is located either indoors or outdoors, used for

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bathing or swimming by humans, and filled with a filtered and

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disinfected water supply, together with buildings, appurtenances,

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and equipment used in connection therewith. A public swimming

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pool or public pool shall mean a conventional pool, spa-type

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pool, wading pool, special purpose pool, or water recreation

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attraction, to which admission may be gained with or without

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payment of a fee and includes, but is not limited to, pools

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operated by or serving camps, churches, cities, counties, day

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care centers, group home facilities for eight or more clients,

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health spas, institutions, parks, state agencies, schools,

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subdivisions, or the cooperative living-type projects of five or

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more living units, such as apartments, boardinghouses, hotels,

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mobile home parks, motels, recreational vehicle parks, and

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townhouses.

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     (6)(3) "Private pool" means a facility used only by an

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individual, family, or living unit members and their guests which

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does not serve any type of cooperative housing or joint tenancy

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of five or more living units.

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     (7)(4) "Public bathing place" means a body of water,

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natural or modified by humans, for swimming, diving, and

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recreational bathing, together with adjacent shoreline or land

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area, buildings, equipment, and appurtenances pertaining thereto,

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used by consent of the owner or owners and held out to the public

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by any person or public body, irrespective of whether a fee is

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charged for the use thereof. The bathing water areas of public

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bathing places include, but are not limited to, lakes, ponds,

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rivers, streams, artificial impoundments, and waters along the

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coastal and intracoastal beaches and shores of the state.

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     (8)(5) "Portable pool" means a pool or spa, and related

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equipment systems of any kind, which is designed or intended to

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be movable from location to location.

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     (9) "Safety vacuum release system" means a vacuum release

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system capable of providing vacuum release at a suction outlet

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caused by a high vacuum occurrence due to a suction outlet flow

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blockage.

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     (10) "Unblockable drain" means a drain of any size and

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shape which a human body cannot sufficiently block to create a

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suction-entrapment hazard.

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     Section 2.  Section 514.0215, Florida Statutes, is created

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to read:

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     514.0215 Public swimming pool and public spa drain-cover

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safety.--

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     (1) Notwithstanding any other law, each public swimming

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pool and public spa in this state must be equipped with an anti-

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entrapment device or system that complies with the ASME/ANSI

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A112.19.8 performance standard, or any successor standard.

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     (2) Notwithstanding any other law, each public swimming

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pool and public spa in this state having a single main drain

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other than an unblockable drain must be equipped, at a minimum,

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with one or more of the following devices or systems designed to

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prevent entrapment by the swimming pool or spa drain:

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     (a) A safety vacuum release system that ceases operation of

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the pump, reverses the circulation flow, or otherwise provides a

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vacuum release at a suction outlet when a blockage is detected

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and that has been tested by an independent third party and found

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to conform to ASME/ANSI standard A112.19.17 or ASTM standard

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F2387.

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     (b) A suction-limiting vent system that has a tamper-

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resistant atmospheric opening.

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     (c) A gravity drainage system that uses a collector tank.

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     (d) An automatic pump shut-off system.

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     (e) A device or system that disables the drain.

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     (f) Any other system determined by the department to be

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equally effective as, or better than, the systems described in

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this subsection at preventing or eliminating the risk of injury

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or death associated with swimming pool drainage systems.

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     (3) Any device or system described in subsection (2) must

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meet the requirements of any ASME/ANSI or ASTM performance

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standard, if there is such a standard for such a device or

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system, or any applicable consumer product safety standard.

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     (4) Any person or entity who violates this section commits

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a misdemeanor of the second degree, punishable as provided in s.

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775.082 or s. 775.083, except that no penalty shall be imposed if

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the person or entity, within 45 days after arrest or issuance of

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a summons or a notice to appear, has equipped the pool or spa

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with at least one safety device as required in this section.

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     Section 3.  Section 515.25, Florida Statutes, is amended to

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read:

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     515.25  Definitions.--As used in this chapter, the term:

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     (1)  "Approved safety pool cover" means a manually or power-

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operated safety pool cover that meets all of the performance

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standards of the American Society for Testing and Materials

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(ASTM) in compliance with standard F1346-91.

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     (2) "ASME/ANSI" as applied to a safety standard means a

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standard that is accredited by the American National Standards

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Institute and published by the American Society of Mechanical

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Engineers.

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     (3)(2) "Barrier" means a fence, dwelling wall, or

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nondwelling wall, or any combination thereof, which completely

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surrounds the swimming pool and obstructs access to the swimming

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pool, especially access from the residence or from the yard

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outside the barrier, and, with respect to a hot tub, a lockable

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cover.

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     (4)(3) "Department" means the Department of Health.

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     (5)(4) "Exit alarm" means a device that makes audible,

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continuous alarm sounds when any door or window which permits

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access from the residence to any pool area that is without an

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intervening enclosure is opened or left ajar.

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     (6)(5) "Indoor swimming pool" means a swimming pool that is

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totally contained within a building and surrounded on all four

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sides by walls of or within the building.

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     (7) "Main drain" means a submerged suction outlet typically

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located at the bottom of a swimming pool or spa to conduct water

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to a recirculating pump.

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     (8)(6) "Medically frail elderly person" means any person

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who is at least 65 years of age and has a medical problem that

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affects balance, vision, or judgment, including, but not limited

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to, a heart condition, diabetes, or Alzheimer's disease or any

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related disorder.

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     (9)(7) "Outdoor swimming pool" means any swimming pool that

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is not an indoor swimming pool.

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     (10)(8) "Portable spa" means a nonpermanent structure

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intended for recreational bathing, in which all controls and

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water-heating and water-circulating equipment are an integral

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part of the product and which is cord-connected and not

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permanently electrically wired.

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     (11)(9) "Public swimming pool" means a swimming pool, as

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defined in s. 514.011(5) s. 514.011(2), which is operated, with

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or without charge, for the use of the general public; however,

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the term does not include a swimming pool located on the grounds

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of a private residence.

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     (12)(10) "Residential" means situated on the premises of a

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detached one-family or two-family dwelling or a one-family

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townhouse not more than three stories high.

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     (13)(11) "Swimming pool" means any structure, located in a

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residential area, that is intended for swimming or recreational

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bathing and contains water over 24 inches deep, including, but

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not limited to, in-ground, aboveground, and on-ground swimming

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pools; hot tubs; and nonportable spas.

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     (14) "Unblockable drain" means a drain of any size and

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shape which a human body cannot sufficiently block to create a

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suction-entrapment hazard.

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     (15)(12) "Young child" means any person under the age of 6

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years.

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     Section 4.  Section 515.295, Florida Statutes, is created to

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read:

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     515.295 Residential swimming pool and spa drain-cover

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safety.--

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     (1) Notwithstanding any other law, all residential swimming

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pools and spas in the state having a single main drain other than

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an unblockable drain must be equipped with devices and systems

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designed to prevent entrapment by pool or spa drains. Such

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devices and systems must, at a minimum, include one or more of

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the following:

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     (a) A safety vacuum release system that ceases operation of

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the pump, reverses the circulation flow, or otherwise provides a

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vacuum release at a suction outlet when a blockage is detected

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and that has been tested by an independent third party and found

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to conform to ASME/ANSI standard A112.19.17 or ASTM standard

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F2387.

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     (b) A suction-limiting vent system that has a tamper-

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resistant atmospheric opening.

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     (c) A gravity drainage system that uses a collector tank.

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     (d) An automatic pump shut-off system.

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     (e) A device or system that disables the drain.

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     (f) Any other system determined by the department to be

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equally effective as, or better than, the systems described in

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this subsection at preventing or eliminating the risk of injury

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or death associated with swimming pool drainage systems.

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     (2) Any device or system described in subsection (1) must

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meet the requirements of any ASME/ANSI or ASTM performance

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standard, if there is such a standard for such a device or

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system, or any applicable consumer product safety standard.

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     (3) All residential pools and spas built after December 20,

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2009, must have:

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     (a) More than one drain;

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     (b) One or more unblockable drains; or

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     (c) No main drain.

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     (4) Every residential swimming pool and spa in the state

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having a main drain, other than an unblockable drain, must be

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equipped with a drain cover that meets the consumer product

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safety standard established by s. 1404 of Title XIV of the

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federal Energy Independence and Security Act of 2007.

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     (5) The department shall provide periodic notification to

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owners of residential swimming pools and spas about compliance

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with the entrapment-protection standards of the ASME/ANSI

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A112.19.8 performance standard, or a successor standard, as

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adopted in compliance with Title XIV of the federal Energy

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Independence and Security Act of 2007.

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     Section 5. The Department of Health shall apply for and

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implement, if awarded, a federal grant for swimming pool and spa

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safety standards education and enforcement under the State

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Swimming Pool Safety Grant Program as established in s. 1405 of

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Title XIV of the federal Energy Independence and Security Act of

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2007. To ensure the state's eligibility for the grant award, the

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Department of Health, in coordination with the Department of

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Community Affairs and the Florida Building Commission, shall

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assess the Florida Statutes and the Florida Building Code to

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determine if additional changes are necessary to ensure

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compliance with federal standards regarding swimming pool and spa

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safety. The Department of Health shall provide the assessment to

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the Legislature by January 1, 2009.

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     Section 6.  This act shall take effect December 20, 2008.