Florida 2023 Regular Session

Florida House Bill H1541 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 1541 2023
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1541-00
9	9	Page 1 of 4
10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to child water safety requirements; 2
16	16	providing a short title; creating s. 514.073, F.S.; 3
17	17	defining terms; providing that certain organizations 4
18	18	that care for or supervise children must require 5
19	19	parents or legal guardians to attest certain 6
20	20	information in writing before taking children under 7
21	21	their care or supervision to public bathing places or 8
22	22	public swimming pools; providing requirements for such 9
23	23	organizations when they conduct certain activities in 10
24	24	public bathing places or public swimming pools; 11
25	25	providing an exception; providing for disciplinary 12
26	26	action against such organizations for certain 13
27	27	violations; providing applicability; authorizing the 14
28	28	Department of Health to adopt rules; providing an 15
29	29	effective date. 16
30	30	17
31	31	Be It Enacted by the Legislature of the State of Florida: 18
32	32	19
33	33	Section 1. This act may be cited as the "Kareem Angel 20
34	34	Green Act." 21
35	35	Section 2. Section 514.073, Florida Statutes, is create d 22
36	36	to read: 23
37	37	514.073 Child water safety requirements for certain 24
38	38	entities.— 25
39	39
40	40	HB 1541 2023
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1541-00
46	46	Page 2 of 4
47	47	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
48	48
49	49
50	50
51	51	(1) As used in this section, the term: 26
52	52	(a) "Child" means a person younger than 12 years of age. 27
53	53	(b) "Organization" means a summer day camp, a summer 24 -28
54	54	hour camp, a school, a preschool, a kindergarten, a nursery 29
55	55	school, a child care facility as defined in s. 402.302, or any 30
56	56	other facility providing child care services which is licensed 31
57	57	by the Department of Children and Families. 32
58	58	(c) "Public swimming pool" has the same meanin g as in s. 33
59	59	514.011, but does not include a wading pool. 34
60	60	(d) "Wading pool" means a pool, including a pool that 35
61	61	contains a public interactive water feature or fountain, with a 36
62	62	maximum water depth of no more than 18 inches. 37
63	63	(2) An organization that takes a child in its care or 38
64	64	under its supervision to a public bathing place or a public 39
65	65	swimming pool or otherwise allows a child access to a public 40
66	66	bathing place or public swimming pool must require the child's 41
67	67	parent or legal guardian to attest in writing whe ther the child 42
68	68	is able to swim or is at risk of injury or death when swimming 43
69	69	or otherwise accessing a pool or body of water. 44
70	70	(3) Except as provided in subsection (4), if an 45
71	71	organization conducts an activity that provides a child in its 46
72	72	care or under its supervision access to a public bathing place 47
73	73	or a public swimming pool, during the time each child who is 48
74	74	unable to swim or is at risk of injury or death when swimming or 49
75	75	accessing a body of water is present within a fenced -in area 50
76	76
77	77	HB 1541 2023
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1541-00
83	83	Page 3 of 4
84	84	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
85	85
86	86
87	87
88	88	around a public bathing place or public swimming pool or within 51
89	89	100 feet of a public bathing place or public swimming pool 52
90	90	without a fenced-in area, the organization must: 53
91	91	(a) For a public bathing place, provide to the child a 54
92	92	Type II United States Coast Guard -approved personal flotation 55
93	93	device. 56
94	94	(b) For a public swimming pool, provide to the child a 57
95	95	Type II or Type III United States Coast Guard -approved personal 58
96	96	flotation device. 59
97	97	(c) Ensure that the personal flotation device that it 60
98	98	provides to the child is properly fitted to and fastened for the 61
99	99	child. 62
100	100	(4) An organization need not provide a child with a 63
101	101	flotation device as required under subsection (3) if the child 64
102	102	is actively participating in swimming instruction and the 65
103	103	organization ensures that each such child is supervised during 66
104	104	the instruction. 67
105	105	(5) An organization licensed or otherwise regulated by the 68
106	106	state which violates this section or rules adopted pursuant to 69
107	107	this section is subject to disciplinary action, including, bu t 70
108	108	not limited to, the imposition of an administrative penalty by 71
109	109	any state regulatory agency with the power to take disciplinary 72
110	110	action against that organization in the same manner as if the 73
111	111	organization violated that agency's licensing or other 74
112	112	regulatory laws or rules. 75
113	113
114	114	HB 1541 2023
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb1541-00
120	120	Page 4 of 4
121	121	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
122	122
123	123
124	124
125	125	(6) This section does not apply to child -placing agencies, 76
126	126	family foster homes, or residential child -caring agencies as 77
127	127	those terms are defined in s. 409.175(2). 78
128	128	(7) The department may adopt rules necessary to implement 79
129	129	this section. 80
130	130	Section 3. This act shall take effect July 1, 2023. 81