Florida Senate - 2024                                     SB 274
       By Senator Rodriguez
       40-00615A-24                                           2024274__
    1                        A bill to be entitled                      
    2         An act relating to child water safety requirements;
    3         providing a short title; creating s. 514.073, F.S.;
    4         defining terms; providing that certain organizations
    5         that care for or supervise children must require
    6         parents or legal guardians to attest to certain
    7         information in writing before taking such children to
    8         public bathing places and public swimming pools;
    9         providing requirements for such organizations when
   10         they conduct certain activities in public bathing
   11         places or public swimming pools; providing an
   12         exception; providing for disciplinary action for
   13         certain violations; providing applicability;
   14         authorizing the Department of Health to adopt rules;
   15         providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. This act may be cited as the “Kareem Angel Green
   20  Act.”
   21         Section 2. Section 514.073, Florida Statutes, is created to
   22  read:
   23         514.073Child water safety requirements for certain
   24  entities.—
   25         (1)As used in this section, the term:
   26         (a)“Child” means a person younger than 12 years of age.
   27         (b)“Organization” means a summer day camp, a summer 24
   28  hour camp, a school, a preschool, a kindergarten, a nursery
   29  school, or a child care facility as defined in s. 402.302.
   30         (c)“Public swimming pool” has the same meaning as in s.
   31  514.011(2) but does not include a wading pool.
   32         (d)“Wading pool” means a pool, including a pool that
   33  contains a public interactive water feature or fountain, with a
   34  maximum water depth of no more than 18 inches.
   35         (2)An organization that takes a child in its care or under
   36  its supervision to a public bathing place or public swimming
   37  pool or otherwise allows a child access to a public bathing
   38  place or public swimming pool must require the child’s parent or
   39  legal guardian to attest in writing whether the child is able to
   40  swim or is at risk of injury or death when swimming or otherwise
   41  accessing a pool or body of water.
   42         (3)Except as provided in subsection (4), if an
   43  organization conducts an activity that provides a child in its
   44  care or under its supervision access to a public bathing place
   45  or public swimming pool, during the time each child who is
   46  unable to swim or is at risk of injury or death when swimming or
   47  accessing a body of water is present within a fenced-in area
   48  around a public bathing place or public swimming pool, or within
   49  100 feet of a public bathing place or public swimming pool
   50  without a fenced-in area, the organization must:
   51         (a)For a public bathing place, provide to the child a Type
   52  II United States Coast Guard-approved personal flotation device.
   53         (b)For a public swimming pool, provide to the child a Type
   54  II or Type III United States Coast Guard-approved personal
   55  flotation device.
   56         (c)Ensure that the personal flotation device that it
   57  provides to the child is properly fitted to and fastened on the
   58  child.
   59         (4)An organization need not provide a child with a
   60  personal flotation device as required under subsection (3) if
   61  the child is actively participating in swimming instruction or a
   62  swimming competition and the organization ensures that each such
   63  child is supervised during the instruction or competition.
   64         (5)An organization licensed or otherwise regulated by the
   65  state which violates this section or rules adopted pursuant to
   66  this section is subject to disciplinary action, including, but
   67  not limited to, the imposition of an administrative penalty by
   68  any state regulatory agency with the power to take disciplinary
   69  action against that organization in the same manner as if the
   70  organization violated that agency’s licensing or other
   71  regulatory laws or rules.
   72         (6)This section does not apply to:
   73         (a)Residential boarding schools that allow an employee, a
   74  family member of an employee, or a guest of an employee to use a
   75  body of water at the school for recreational purposes.
   76         (b)Child-placing agencies, family foster homes, or
   77  residential child-caring agencies as those terms are defined in
   78  s. 409.175(2).
   79         (c)A child care facility licensed under s. 402.305.
   80         (7)The department may adopt rules necessary to implement
   81  this section.
   82         Section 3. This act shall take effect July 1, 2024.