Florida Senate - 2026 SB 658
By Senator Burgess
23-00372A-26 2026658__
1 A bill to be entitled
2 An act relating to water safety requirements for the
3 rental of residential property; amending s. 83.51,
4 F.S.; requiring a landlord to equip certain rental
5 properties with specified water safety features;
6 providing criminal penalties; providing an exception;
7 defining the terms “swimming pool” and “water body”;
8 amending s. 509.211, F.S.; requiring a public lodging
9 establishment licensed as a vacation rental to equip
10 certain rental units with specified water safety
11 features; providing criminal penalties; providing an
12 exception; defining terms; providing an effective
13 date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Present subsection (4) of section 83.51, Florida
18 Statutes, is redesignated as subsection (5) and amended, and a
19 new subsection (4) is added to that section, to read:
20 83.51 Landlord’s obligation to maintain premises.—
21 (4)(a) At all times during a tenancy, if there exists
22 within 150 feet of the dwelling unit a water body or a swimming
23 pool, the landlord must ensure that either:
24 1. All doors and windows providing direct access to the
25 exterior of the dwelling unit or to an indoor swimming pool
26 within the dwelling unit are equipped with an exit alarm that
27 has a minimum sound pressure rating of 85 dB A at 10 feet; or
28 2. All doors providing direct access to the exterior of the
29 dwelling unit or to an indoor swimming pool within the dwelling
30 unit are equipped with a self-closing, self-latching device with
31 a release mechanism placed no lower than 54 inches above the
32 floor.
33 (b) A landlord who violates this subsection commits a
34 misdemeanor of the second degree, punishable as provided in s.
35 775.082 or s. 775.083, except that it is not a violation of this
36 subsection if:
37 1. The violation is due to the removal or modification of
38 any safety feature required by paragraph (a) by the tenant, a
39 member of the tenant’s family, or a person on the premises with
40 the tenant’s consent;
41 2. Such removal or modification occurred without the
42 landlord’s knowledge; and
43 3. The landlord corrects the violation within 45 days of
44 receiving actual knowledge thereof.
45 (c) For the purposes of this subsection:
46 1. “Swimming pool” has the same meaning as in s. 515.25.
47 2. “Water body” means any water or body of water regularly
48 at a depth of at least 24 inches at its deepest point. However,
49 the term does not include underground water that cannot be
50 accessed by individuals from an access point located within 150
51 feet of the dwelling unit.
52 (5) The landlord is not responsible to the tenant under
53 this section for conditions created or caused by the negligent
54 or wrongful act or omission of the tenant, a member of the
55 tenant’s family, or a other person on the premises with the
56 tenant’s consent, including the removal or modification of any
57 safety features required by subsection (4) by the tenant, a
58 member of the tenant’s family, or a person on the premises with
59 the tenant’s consent.
60 Section 2. Subsection (6) is added to section 509.211,
61 Florida Statutes, to read:
62 509.211 Safety regulations.—
63 (6)(a) If a public lodging establishment licensed as a
64 vacation rental has within 150 feet of the rental unit a water
65 body or a swimming pool, the licensee must ensure that:
66 1. All doors and windows providing direct access to the
67 exterior of the rental unit or to an indoor swimming pool within
68 the rental unit are equipped with an exit alarm that has a
69 minimum sound pressure rating of 85 dB A at 10 feet; or
70 2. All doors providing direct access to the exterior of the
71 rental unit or to an indoor swimming pool within the rental unit
72 are equipped with a self-closing, self-latching device with a
73 release mechanism placed no lower than 54 inches above the
74 floor.
75 (b) A licensee who violates this subsection commits a
76 misdemeanor of the second degree, punishable as provided in s.
77 775.082 or s. 775.083, except that it is not a violation of this
78 subsection if:
79 1. The violation is due to the removal or modification of
80 any safety feature required by paragraph (a) by a guest, a
81 member of a guest’s family, or a person on the premises of the
82 rental unit with a guest’s consent;
83 2. Such removal or modification occurred without the
84 licensee’s knowledge; and
85 3. The licensee corrects the violation within 45 days of
86 receiving actual knowledge thereof.
87 (c) For the purposes of this subsection:
88 1. “Swimming pool” has the same meaning as in s. 515.25.
89 2. “Vacation rental” has the same meaning as in s.
90 509.242(1)(c).
91 3. “Water body” means any water or body of water regularly
92 at a depth of at least 24 inches at its deepest point. However,
93 the term does not include underground water that cannot be
94 accessed by individuals from an access point located within 150
95 feet of the rental unit.
96 Section 3. This act shall take effect July 1, 2026.