Bill Text: FL S0724 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Residential Swimming Pool Safety
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2019-05-03 - Died in Rules [S0724 Detail]
Download: Florida-2019-S0724-Introduced.html
Bill Title: Residential Swimming Pool Safety
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2019-05-03 - Died in Rules [S0724 Detail]
Download: Florida-2019-S0724-Introduced.html
Florida Senate - 2019 SB 724 By Senator Hooper 16-01014A-19 2019724__ 1 A bill to be entitled 2 An act relating to residential swimming pool safety; 3 providing a short title; amending s. 468.8323, F.S.; 4 requiring a home inspector to include certain 5 information relating to swimming pools in his or her 6 report; amending s. 515.27, F.S.; requiring that new 7 residential swimming pools meet an additional 8 requirement in order to pass final inspection and 9 receive a certificate of completion; prohibiting a 10 swimming pool owner from transferring ownership of a 11 swimming pool unless certain requirements are met; 12 revising criminal penalties relating to swimming pool 13 safety features; amending s. 515.31, F.S.; conforming 14 a cross-reference; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. This act may be cited as “The Kacen’s Cause 19 Act.” 20 Section 2. Paragraph (d) is added to subsection (1) of 21 section 468.8323, Florida Statutes, to read: 22 468.8323 Home inspection report.—Upon completion of each 23 home inspection for compensation, the home inspector shall 24 provide a written report prepared for the client. 25 (1) The home inspector shall report: 26 (d) If there is a swimming pool, as defined in s. 515.25, 27 any safety features, as described in s. 515.27(1), which are 28 present. 29 Section 3. Section 515.27, Florida Statutes, is amended to 30 read: 31 515.27 Residential swimming pool safety feature options; 32 penalties.— 33 (1) In order to pass final inspection and receive a 34 certificate of completion, a residential swimming pool must meet 35 at least twooneof the following requirements relating to pool 36 safety features: 37 (a) The pool must be isolated from access to a home by an 38 enclosure that meets the pool barrier requirements of s. 39 515.29.;40 (b) The pool must be equipped with an approved safety pool 41 cover.;42 (c) All doors and windows providing direct access from the 43 home to the pool must be equipped with an exit alarm that has a 44 minimum sound pressure rating of 85 dB A at 10 feet.;45 (d) All doors providing direct access from the home to the 46 pool must be equipped with a self-closing, self-latching device 47 with a release mechanism placed no lower than 54 inches above 48 the floor.; or49 (e) A swimming pool alarm that, when placed in a pool, 50 sounds an alarm upon detection of an accidental or unauthorized 51 entrance into the water. Such pool alarm must meet and be 52 independently certified to ASTM Standard F2208, titled “Standard 53 Safety Specification for Residential Pool Alarms,” which 54 includes surface motion, pressure, sonar, laser, and infrared 55 alarms. For purposes of this paragraph, the term “swimming pool 56 alarm” does not include any swimming protection alarm device 57 designed for individual use, such as an alarm attached to a 58 child that sounds when the child exceeds a certain distance or 59 becomes submerged in water. 60 (2) A swimming pool owner may not transfer ownership of a 61 swimming pool unless the swimming pool meets at least two of the 62 requirements under subsection (1). 63 (3)(2)A person who fails to equip a new residential 64 swimming pool with at least twoonepool safety featuresfeature65 as required in subsection (1) commits a misdemeanor of the 66 second degree, punishable as provided in s. 775.082 or s. 67 775.083, except that a penalty may notno penalty shallbe 68 imposed if the person, within 45 days after arrest or issuance 69 of a summons or a notice to appear, has equipped the pool with 70 at least twoonesafety featuresfeatureas required in 71 subsection (1) and has attended a drowning prevention education 72 program established by s. 515.31. However, the requirement of 73 attending a drowning prevention education program is waived if 74 such program is not offered within 45 days after issuance of the 75 citation. 76 Section 4. Subsection (1) of section 515.31, Florida 77 Statutes, is amended to read: 78 515.31 Drowning prevention education program; public 79 information publication.— 80 (1) The department shall develop a drowning prevention 81 education program, which shall be made available to the public 82 at the state and local levels and which shall be required as set 83 forth in s. 515.27(3)s. 515.27(2)for persons in violation of 84 the pool safety requirements of this chapter. The department may 85 charge a fee, not to exceed $100, for attendance at such a 86 program. The drowning prevention education program shall be 87 funded using fee proceeds, state funds appropriated for such 88 purpose, and grants. The department, in lieu of developing its 89 own program, may adopt a nationally recognized drowning 90 prevention education program to be approved for use in local 91 safety education programs, as provided in rule of the 92 department. 93 Section 5. This act shall take effect July 1, 2019.