Florida 2023 Regular Session

Florida House Bill H1541 Latest Draft

Bill / Introduced Version Filed 03/06/2023

                               
 
HB 1541  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1541-00 
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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 
 
 
 
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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     
 
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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. 
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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