Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 604
       
       
       
       
       
       
                                Ì343714"Î343714                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/25/2025           .                                
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       The Committee on Regulated Industries (Smith) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 52 - 94
    4  and insert:
    5  report a violation of this subsection to a local code
    6  enforcement agency.
    7         (3)(2) A person who fails to equip a new residential
    8  swimming pool with at least one pool safety feature as required
    9  in subsection (1) or subsection (2) commits a misdemeanor of the
   10  second degree, punishable as provided in s. 775.082 or s.
   11  775.083, except that no penalty shall be imposed if the person,
   12  within 45 days after arrest or issuance of a summons or a notice
   13  to appear, has equipped the pool with at least one safety
   14  feature as required in subsection (1) or subsection (2) and has
   15  attended a drowning prevention education program established by
   16  s. 515.31. However, the requirement of attending a drowning
   17  prevention education program is waived if such program is not
   18  offered within 45 days after issuance of the citation.
   19         Section 2. Subsection (6) is added to section 515.29,
   20  Florida Statutes, and subsection (1) of that section is
   21  republished, to read:
   22         515.29 Residential swimming pool barrier requirements.—
   23         (1) A residential swimming pool barrier must have all of
   24  the following characteristics:
   25         (a) The barrier must be at least 4 feet high on the
   26  outside.
   27         (b) The barrier may not have any gaps, openings,
   28  indentations, protrusions, or structural components that could
   29  allow a young child to crawl under, squeeze through, or climb
   30  over the barrier.
   31         (c) The barrier must be placed around the perimeter of the
   32  pool and must be separate from any fence, wall, or other
   33  enclosure surrounding the yard unless the fence, wall, or other
   34  enclosure or portion thereof is situated on the perimeter of the
   35  pool, is being used as part of the barrier, and meets the
   36  barrier requirements of this section.
   37         (d) The barrier must be placed sufficiently away from the
   38  water’s edge to prevent a young child or medically frail elderly
   39  person who may have managed to penetrate the barrier from
   40  immediately falling into the water.
   41         (6) A swimming pool, regardless of the year in which the
   42  pool was built, located on residential real property that is
   43  transferred or sold on or after October 1, 2025, must meet all
   44  of the pool barrier requirements in subsection (1). A title
   45  company, an inspector, or an underwriter for the mortgage
   46  secured on the residential real property must report a violation
   47  of this subsection to a local code enforcement agency.
   48  
   49  ================= T I T L E  A M E N D M E N T ================
   50  And the title is amended as follows:
   51         Delete lines 3 - 9
   52  and insert:
   53         requirements; amending s. 515.27, F.S.; requiring that
   54         swimming pools located on residential real property
   55         that is transferred or sold on or after a specified
   56         date meet certain pool safety requirements; requiring
   57         certain persons to report violations of the law to a
   58         local code enforcement agency; providing a criminal
   59         penalty; amending s. 515.29, F.S.; requiring that
   60         swimming pools located on residential real property
   61         that is transferred or sold on or after a specified
   62         date meet certain pool barrier requirements; requiring
   63         certain persons to report violations of the law to a
   64         local code enforcement agency;