HB 1541 2023 CODING: Words stricken are deletions; words underlined are additions. hb1541-00 Page 1 of 4 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to child water safety requirements; 2 providing a short title; creating s. 514.073, F.S.; 3 defining terms; providing that certain organizations 4 that care for or supervise children must require 5 parents or legal guardians to attest certain 6 information in writing before taking children under 7 their care or supervision to public bathing places or 8 public swimming pools; providing requirements for such 9 organizations when they conduct certain activities in 10 public bathing places or public swimming pools; 11 providing an exception; providing for disciplinary 12 action against such organizations for certain 13 violations; providing applicability; authorizing the 14 Department of Health to adopt rules; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. This act may be cited as the "Kareem Angel 20 Green Act." 21 Section 2. Section 514.073, Florida Statutes, is create d 22 to read: 23 514.073 Child water safety requirements for certain 24 entities.— 25 HB 1541 2023 CODING: Words stricken are deletions; words underlined are additions. hb1541-00 Page 2 of 4 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (1) As used in this section, the term: 26 (a) "Child" means a person younger than 12 years of age. 27 (b) "Organization" means a summer day camp, a summer 24 -28 hour camp, a school, a preschool, a kindergarten, a nursery 29 school, a child care facility as defined in s. 402.302, or any 30 other facility providing child care services which is licensed 31 by the Department of Children and Families. 32 (c) "Public swimming pool" has the same meanin g as in s. 33 514.011, but does not include a wading pool. 34 (d) "Wading pool" means a pool, including a pool that 35 contains a public interactive water feature or fountain, with a 36 maximum water depth of no more than 18 inches. 37 (2) An organization that takes a child in its care or 38 under its supervision to a public bathing place or a public 39 swimming pool or otherwise allows a child access to a public 40 bathing place or public swimming pool must require the child's 41 parent or legal guardian to attest in writing whe ther the child 42 is able to swim or is at risk of injury or death when swimming 43 or otherwise accessing a pool or body of water. 44 (3) Except as provided in subsection (4), if an 45 organization conducts an activity that provides a child in its 46 care or under its supervision access to a public bathing place 47 or a public swimming pool, during the time each child who is 48 unable to swim or is at risk of injury or death when swimming or 49 accessing a body of water is present within a fenced -in area 50 HB 1541 2023 CODING: Words stricken are deletions; words underlined are additions. hb1541-00 Page 3 of 4 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S around a public bathing place or public swimming pool or within 51 100 feet of a public bathing place or public swimming pool 52 without a fenced-in area, the organization must: 53 (a) For a public bathing place, provide to the child a 54 Type II United States Coast Guard -approved personal flotation 55 device. 56 (b) For a public swimming pool, provide to the child a 57 Type II or Type III United States Coast Guard -approved personal 58 flotation device. 59 (c) Ensure that the personal flotation device that it 60 provides to the child is properly fitted to and fastened for the 61 child. 62 (4) An organization need not provide a child with a 63 flotation device as required under subsection (3) if the child 64 is actively participating in swimming instruction and the 65 organization ensures that each such child is supervised during 66 the instruction. 67 (5) An organization licensed or otherwise regulated by the 68 state which violates this section or rules adopted pursuant to 69 this section is subject to disciplinary action, including, bu t 70 not limited to, the imposition of an administrative penalty by 71 any state regulatory agency with the power to take disciplinary 72 action against that organization in the same manner as if the 73 organization violated that agency's licensing or other 74 regulatory laws or rules. 75 HB 1541 2023 CODING: Words stricken are deletions; words underlined are additions. hb1541-00 Page 4 of 4 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (6) This section does not apply to child -placing agencies, 76 family foster homes, or residential child -caring agencies as 77 those terms are defined in s. 409.175(2). 78 (7) The department may adopt rules necessary to implement 79 this section. 80 Section 3. This act shall take effect July 1, 2023. 81