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.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
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.