Florida Senate - 2024                                     SB 706
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01560-24                                            2024706__
    1                        A bill to be entitled                      
    2         An act relating to residential swimming pool
    3         requirements; amending ss. 515.27 and 515.29, F.S.;
    4         requiring swimming pools located on residential real
    5         property that is transferred or sold on or after a
    6         specified date to meet certain pool safety and pool
    7         barrier requirements; requiring certain persons to
    8         report violations of the law to a local law
    9         enforcement agency; amending s. 515.31, F.S.;
   10         conforming a cross-reference and making technical
   11         changes; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 515.27, Florida Statutes, is amended to
   16  read:
   17         515.27 Residential swimming pool safety feature options;
   18  penalties.—
   19         (1) In order to pass final inspection and receive a
   20  certificate of completion, a residential swimming pool must meet
   21  at least one of the following requirements relating to pool
   22  safety features:
   23         (a) The pool must be isolated from access to a home by an
   24  enclosure that meets the pool barrier requirements of s. 515.29;
   25         (b) The pool must be equipped with an approved safety pool
   26  cover;
   27         (c) All doors and windows providing direct access from the
   28  home to the pool must be equipped with an exit alarm that has a
   29  minimum sound pressure rating of 85 dB A at 10 feet;
   30         (d) All doors providing direct access from the home to the
   31  pool must be equipped with a self-closing, self-latching device
   32  with a release mechanism placed no lower than 54 inches above
   33  the floor; or
   34         (e) A swimming pool alarm that, when placed in a pool,
   35  sounds an alarm upon detection of an accidental or unauthorized
   36  entrance into the water. Such pool alarm must meet and be
   37  independently certified to ASTM Standard F2208, titled “Standard
   38  Safety Specification for Residential Pool Alarms,” which
   39  includes surface motion, pressure, sonar, laser, and infrared
   40  alarms. For purposes of this paragraph, the term “swimming pool
   41  alarm” does not include any swimming protection alarm device
   42  designed for individual use, such as an alarm attached to a
   43  child that sounds when the child exceeds a certain distance or
   44  becomes submerged in water.
   45         (2) A swimming pool, regardless of the year in which the
   46  pool was built, located on residential real property that is
   47  transferred or sold on or after October 1, 2024, must be
   48  equipped with at least one pool safety feature as required in
   49  subsection (1). A title company, an inspector, or an underwriter
   50  for the mortgage secured on the residential real property must
   51  report a violation of this subsection to a local law enforcement
   52  agency.
   53         (3) A person who fails to equip a new residential swimming
   54  pool with at least one pool safety feature as required in
   55  subsection (1) or subsection (2) commits a misdemeanor of the
   56  second degree, punishable as provided in s. 775.082 or s.
   57  775.083, except that no penalty shall be imposed if the person,
   58  within 45 days after arrest or issuance of a summons or a notice
   59  to appear, has equipped the pool with at least one safety
   60  feature as required in subsection (1) and has attended a
   61  drowning prevention education program established by s. 515.31.
   62  However, the requirement of attending a drowning prevention
   63  education program is waived if such program is not offered
   64  within 45 days after issuance of the citation.
   65         Section 2. Subsection (6) is added to section 515.29,
   66  Florida Statutes, to read:
   67         515.29 Residential swimming pool barrier requirements.—
   68         (6)A swimming pool, regardless of the year in which the
   69  pool was built, located on residential real property that is
   70  transferred or sold on or after October 1, 2024, must meet all
   71  of the pool barrier requirements in subsection (1). A title
   72  company, an inspector, or an underwriter for the mortgage
   73  secured on the residential real property must report a violation
   74  of this subsection to a local law enforcement agency.
   75         Section 3. Subsection (1) of section 515.31, Florida
   76  Statutes, is amended to read:
   77         515.31 Drowning prevention education program; public
   78  information publication.—
   79         (1) The department shall develop a drowning prevention
   80  education program. Such program must, which shall be made
   81  available to the public at the state and local levels and is
   82  which shall be required as set forth in s. 515.27(3) s.
   83  515.27(2) for persons in violation of the pool safety
   84  requirements of this chapter. The department may charge a fee,
   85  not to exceed $100, for attendance at such a program. The
   86  drowning prevention education program is to shall be funded
   87  using fee proceeds, state funds appropriated for such purpose,
   88  and grants. The department, in lieu of developing its own
   89  program, may adopt a nationally recognized drowning prevention
   90  education program to be approved for use in local safety
   91  education programs, as provided in rule of the department.
   92         Section 4. This act shall take effect July 1, 2024.