Florida Senate - 2024 CS for SB 274 By the Committee on Children, Families, and Elder Affairs; and Senator Rodriguez 586-02947-24 2024274c1 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 amending s. 515.31, F.S.; requiring the department to 16 include specified information as part of its 17 publication, or video or other form of appropriate 18 communication, which provides the public information 19 on drowning prevention and the responsibilities of 20 pool ownership; requiring the department to make such 21 information available to health care facilities; 22 providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. This act may be cited as the “Kareem Angel Green 27 Act.” 28 Section 2. Section 514.073, Florida Statutes, is created to 29 read: 30 514.073 Child water safety requirements for certain 31 entities.— 32 (1) As used in this section, the term: 33 (a) “Child” means a person younger than 12 years of age. 34 (b) “Organization” means a summer day camp, a summer 24 35 hour camp, a school, a preschool, a kindergarten, a nursery 36 school, or a child care facility as defined in s. 402.302. 37 (c) “Public swimming pool” has the same meaning as in s. 38 514.011(2) but does not include a wading pool. 39 (d) “Wading pool” means a pool, including a pool that 40 contains a public interactive water feature or fountain, with a 41 maximum water depth of no more than 18 inches. 42 (2) An organization that takes a child in its care or under 43 its supervision to a public bathing place or public swimming 44 pool or otherwise allows a child access to a public bathing 45 place or public swimming pool must require the child’s parent or 46 legal guardian to attest in writing whether the child is able to 47 swim or is at risk of injury or death when swimming or otherwise 48 accessing a pool or body of water. 49 (3) Except as provided in subsection (4), if an 50 organization conducts an activity that provides a child in its 51 care or under its supervision access to a public bathing place 52 or public swimming pool, during the time each child who is 53 unable to swim or is at risk of injury or death when swimming or 54 accessing a body of water is present within a fenced-in area 55 around a public bathing place or public swimming pool, or within 56 100 feet of a public bathing place or public swimming pool 57 without a fenced-in area, the organization must: 58 (a) For a public bathing place, provide to the child a Type 59 II United States Coast Guard-approved personal flotation device. 60 (b) For a public swimming pool, provide to the child a Type 61 II or Type III United States Coast Guard-approved personal 62 flotation device. 63 (c) Ensure that the personal flotation device that it 64 provides to the child is properly fitted to and fastened on the 65 child. 66 (4) An organization need not provide a child with a 67 personal flotation device as required under subsection (3) if 68 the child is actively participating in swimming instruction or a 69 swimming competition and the organization ensures that each such 70 child is supervised during the instruction or competition. 71 (5) An organization licensed or otherwise regulated by the 72 state which violates this section or rules adopted pursuant to 73 this section is subject to disciplinary action, including, but 74 not limited to, the imposition of an administrative penalty by 75 any state regulatory agency with the power to take disciplinary 76 action against that organization in the same manner as if the 77 organization violated that agency’s licensing or other 78 regulatory laws or rules. 79 (6) This section does not apply to: 80 (a) Residential boarding schools that allow an employee, a 81 family member of an employee, or a guest of an employee to use a 82 body of water at the school for recreational purposes. 83 (b) Child-placing agencies, family foster homes, or 84 residential child-caring agencies as those terms are defined in 85 s. 409.175(2). 86 (c) A child care facility licensed under s. 402.305. 87 (7) The department may adopt rules necessary to implement 88 this section. 89 Section 3. Subsection (2) of section 515.31, Florida 90 Statutes, is amended to read: 91 515.31 Drowning prevention education program; public 92 information publication.— 93 (2) The department shall also produce, for distribution to 94 the public at no charge, a publication that provides information 95 on drowning prevention and the responsibilities of pool 96 ownership. The department, in lieu of developing its own 97 publication, may adopt a nationally recognized drowning 98 prevention and responsibilities of pool ownership publication, 99 as provided in rule of the department. The department must 100 include in this publication, or video or other form of 101 appropriate communication, information relevant to newborn and 102 infant drowning prevention and must make this information 103 available to health care facilities, including, but not limited 104 to, hospitals, birth centers, and perinatal facilities. 105 Section 4. This act shall take effect July 1, 2024.