Bill Text: FL S0706 | 2024 | Regular Session | Introduced
Bill Title: Residential Swimming Pool Requirements
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-08 - Died in Regulated Industries [S0706 Detail]
Download: Florida-2024-S0706-Introduced.html
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 anewresidential 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 shallbe made 81 available to the public at the state and local levels and is 82which shall berequired as set forth in s. 515.27(3)s.83515.27(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 toshallbe 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.