Florida Senate - 2026               CS for CS for SB's 658 & 608
       
       
        
       By the Committees on Community Affairs; and Regulated
       Industries; and Senators Burgess and Smith
       
       
       
       
       578-02727-26                                           2026658c2
    1                        A bill to be entitled                      
    2         An act relating to water safety requirements for the
    3         rental of residential and vacation properties;
    4         amending s. 83.51, F.S.; requiring a landlord to equip
    5         certain rental properties with specified water safety
    6         features; providing criminal penalties; providing an
    7         exception; defining the terms “swimming pool” and
    8         “water body”; conforming a provision to changes made
    9         by the act; amending s. 509.211, F.S.; requiring a
   10         public lodging establishment licensed as a vacation
   11         rental to equip certain rental units with specified
   12         water safety features; authorizing the Division of
   13         Hotels and Restaurants to suspend or revoke the
   14         license and fine the licensee for noncompliance;
   15         providing criminal penalties; providing an exception;
   16         defining terms; requiring certain public lodging
   17         establishments to file a certificate of compliance
   18         upon licensure and renewal; requiring the division to
   19         adopt rules; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Present subsection (4) of section 83.51, Florida
   24  Statutes, is redesignated as subsection (5) and amended, and a
   25  new subsection (4) is added to that section, to read:
   26         83.51 Landlord’s obligation to maintain premises.—
   27         (4)(a) At all times during a tenancy, if a water body that
   28  is not a swimming pool exists within 150 feet of the dwelling
   29  unit, the landlord must ensure that either:
   30         1. All doors and windows providing direct access to the
   31  exterior of the dwelling unit are equipped with an exit alarm
   32  that has a minimum sound pressure rating of 85 dB A at 10 feet;
   33  or
   34         2. All doors providing direct access to the exterior of the
   35  dwelling unit are equipped with a self-closing, self-latching
   36  device with a release mechanism placed no lower than 54 inches
   37  above the floor.
   38         (b) If the dwelling unit has a swimming pool on its
   39  premises, the landlord must ensure that the dwelling unit is
   40  equipped with at least one pool safety feature as described in
   41  s. 515.27(1).
   42         (c) A landlord who violates this subsection commits a
   43  misdemeanor of the second degree, punishable as provided in s.
   44  775.082 or s. 775.083, except that it is not a violation of this
   45  subsection if:
   46         1. The violation is due to the removal or modification of
   47  any safety feature required under paragraph (a) or paragraph (b)
   48  by the tenant, a member of the tenant’s family, or a person on
   49  the premises with the tenant’s consent;
   50         2. Such removal or modification occurred without the
   51  landlord’s knowledge; and
   52         3. The landlord corrects the violation within 45 days after
   53  receiving actual knowledge thereof.
   54         (d) For the purposes of this subsection, the term:
   55         1. “Swimming pool” has the same meaning as in s. 515.25.
   56         2. “Water body” means any water or body of water regularly
   57  at a depth of at least 24 inches at its deepest point. The term
   58  does not include underground water that cannot be accessed by
   59  individuals from an access point located within 150 feet of the
   60  dwelling unit.
   61         (5)(4) The landlord is not responsible to the tenant under
   62  this section for conditions created or caused by the negligent
   63  or wrongful act or omission of the tenant, a member of the
   64  tenant’s family, or a other person on the premises with the
   65  tenant’s consent, including the removal or modification of any
   66  safety features required under subsection (4) by the tenant, a
   67  member of the tenant’s family, or a person on the premises with
   68  the tenant’s consent.
   69         Section 2. Subsection (6) is added to section 509.211,
   70  Florida Statutes, to read:
   71         509.211 Safety regulations.—
   72         (6)(a) If a public lodging establishment licensed as a
   73  vacation rental has a water body within 150 feet of the rental
   74  unit which is not a swimming pool, the licensee must ensure
   75  that:
   76         1. All doors and windows providing direct access to the
   77  exterior of the rental unit are equipped with an exit alarm that
   78  has a minimum sound pressure rating of 85 dB A at 10 feet; or
   79         2. All doors providing direct access to the exterior of the
   80  rental unit are equipped with a self-closing, self-latching
   81  device with a release mechanism placed no lower than 54 inches
   82  above the floor.
   83         (b)If a public lodging establishment licensed as a
   84  vacation rental has a swimming pool on its premises, the
   85  licensee must ensure that the rental unit is equipped with at
   86  least one pool safety feature as described in s. 515.27(1).
   87         (c) The division may suspend or revoke the license and fine
   88  the licensee for noncompliance with this subsection.
   89         (d) A licensee who violates this subsection commits a
   90  misdemeanor of the second degree, punishable as provided in s.
   91  775.082 or s. 775.083, except that it is not a violation of this
   92  subsection if:
   93         1. The violation is due to the removal or modification of
   94  any safety feature required under paragraph (a) or paragraph (b)
   95  by a guest, a member of a guest’s family, or a person on the
   96  premises of the rental unit with a guest’s consent;
   97         2. Such removal or modification occurred without the
   98  licensee’s knowledge; and
   99         3. The licensee corrects the violation within 45 days after
  100  receiving actual knowledge thereof.
  101         (e) For the purposes of this subsection, the term:
  102         1. “Swimming pool” has the same meaning as in s. 515.25.
  103         2. “Vacation rental” has the same meaning as in s.
  104  509.242(1)(c).
  105         3. “Water body” means any water or body of water regularly
  106  at a depth of at least 24 inches at its deepest point. The term
  107  does not include underground water that cannot be accessed by
  108  individuals from an access point located within 150 feet of the
  109  rental unit.
  110         (f) A public lodging establishment that is licensed as a
  111  vacation rental which has a water body within 150 feet of the
  112  rental unit or a swimming pool located on the premises must file
  113  a certificate upon licensure and renewal stating that the rental
  114  unit complies with the requirements of this subsection.
  115         (g) The division shall adopt rules to implement this
  116  subsection.
  117         Section 3. This act shall take effect July 1, 2026.