Florida Senate - 2021                                     SB 124
       By Senator Hooper
       16-00226-21                                            2021124__
    1                        A bill to be entitled                      
    2         An act relating to residential swimming pool safety;
    3         providing a short title; amending s. 468.8323, F.S.;
    4         requiring a home inspector to include certain
    5         information relating to swimming pools in his or her
    6         report; amending s. 515.27, F.S.; requiring that new
    7         residential swimming pools meet an additional
    8         requirement in order to pass final inspection and
    9         receive a certificate of completion; requiring that
   10         certain pool safety features meet specified standards;
   11         prohibiting a property owner from transferring
   12         ownership of a parcel that includes a swimming pool
   13         unless certain requirements are met; providing civil
   14         penalties rather than criminal penalties; amending s.
   15         515.31, F.S.; conforming a cross-reference; providing
   16         an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. This act may be cited as “The Kacen’s Cause
   21  Act.”
   22         Section 2. Paragraph (d) is added to subsection (1) of
   23  section 468.8323, Florida Statutes, to read:
   24         468.8323 Home inspection report.—Upon completion of each
   25  home inspection for compensation, the home inspector shall
   26  provide a written report prepared for the client.
   27         (1) The home inspector shall report:
   28         (d)If there is a swimming pool, as defined in s. 515.25,
   29  any safety features, as described in s. 515.27(1), which are
   30  present.
   31         Section 3. Section 515.27, Florida Statutes, is amended to
   32  read:
   33         515.27 Residential swimming pool safety feature options;
   34  penalties.—
   35         (1) In order to pass final inspection and receive a
   36  certificate of completion, a residential swimming pool must meet
   37  at least two one of the following requirements relating to pool
   38  safety features:
   39         (a) The pool must be isolated from access to a home by an
   40  enclosure that meets the pool barrier requirements of s. 515.29
   41  and ASTM Standard F2286, titled “Standard Design and Performance
   42  Specification for Removable Mesh Fencing for Swimming Pools, Hot
   43  Tubs, and Spas.”;
   44         (b) The pool must be equipped with an approved safety pool
   45  cover that meets ASTM Standard F1346, titled “Standard
   46  Performance Specification for Safety Covers and Labeling
   47  Requirements for All Covers for Swimming Pools, Spas and Hot
   48  Tubs.”;
   49         (c) All doors and windows providing direct access from the
   50  home to the pool must be equipped with an exit alarm that has a
   51  minimum sound pressure rating of 85 dB A at 10 feet.;
   52         (d) All doors providing direct access from the home to the
   53  pool must be equipped with a self-closing, self-latching device
   54  with a release mechanism placed no lower than 54 inches above
   55  the floor.; or
   56         (e) A swimming pool alarm that, when placed in a pool,
   57  sounds an alarm upon detection of an accidental or unauthorized
   58  entrance into the water. Such pool alarm must meet and be
   59  independently certified to ASTM Standard F2208, titled “Standard
   60  Safety Specification for Residential Pool Alarms,” which
   61  includes surface motion, pressure, sonar, laser, and infrared
   62  alarms and must comply with the Underwriters Laboratories, Inc.,
   63  “Standard for General-Purpose Signaling Devices and Systems,” UL
   64  2017. For purposes of this paragraph, the term “swimming pool
   65  alarm” does not include any swimming protection alarm device
   66  designed for individual use, such as an alarm attached to a
   67  child that sounds when the child exceeds a certain distance or
   68  becomes submerged in water.
   69         (2) A property owner may not transfer, for consideration,
   70  ownership of a parcel that includes a swimming pool unless the
   71  swimming pool meets at least two of the requirements under
   72  subsection (1).
   73         (3)(2) A person who fails to equip a new residential
   74  swimming pool with at least two one pool safety features feature
   75  as required in subsection (1) or subsection (2) commits a
   76  noncriminal violation misdemeanor of the second degree,
   77  punishable as provided in s. 775.082 or s. 775.083, except that
   78  a penalty may not no penalty shall be imposed if the person,
   79  within 45 days after arrest or issuance of a citation summons or
   80  a notice to appear, has equipped the pool with at least two one
   81  safety features feature as required in subsection (1) or
   82  subsection (2) and has attended a drowning prevention education
   83  program established by s. 515.31. However, the requirement of
   84  attending a drowning prevention education program is waived if
   85  such program is not offered within 45 days after issuance of the
   86  citation.
   87         Section 4. Subsection (1) of section 515.31, Florida
   88  Statutes, is amended to read:
   89         515.31 Drowning prevention education program; public
   90  information publication.—
   91         (1) The department shall develop a drowning prevention
   92  education program, which shall be made available to the public
   93  at the state and local levels and which shall be required as set
   94  forth in s. 515.27(3) s. 515.27(2) for persons in violation of
   95  the pool safety requirements of this chapter. The department may
   96  charge a fee, not to exceed $100, for attendance at such a
   97  program. The drowning prevention education program shall be
   98  funded using fee proceeds, state funds appropriated for such
   99  purpose, and grants. The department, in lieu of developing its
  100  own program, may adopt a nationally recognized drowning
  101  prevention education program to be approved for use in local
  102  safety education programs, as provided in rule of the
  103  department.
  104         Section 5. This act shall take effect October 1, 2021.