Florida 2024 Regular Session

Florida House Bill H0123 Compare Versions

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

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10	10	F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
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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 such children to 7
21	21	public bathing places or public swimming pools; 8
22	22	providing requirements for such organizations when 9
23	23	they conduct certain activities in public bathing 10
24	24	places or public swimming pools; providing an 11
25	25	exception; providing for disciplinary action against 12
26	26	such organizations for certain violations; providing 13
27	27	applicability; authorizing the Department of Health to 14
28	28	adopt rules; providing an effective date. 15
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30	30	Be It Enacted by the Legislature of the State of Florida: 17
31	31	18
32	32	Section 1. This act may be cited as the "Kareem Angel 19
33	33	Green Act." 20
34	34	Section 2. Section 514.073, Florida Statutes, is created 21
35	35	to read: 22
36	36	514.073 Child water safety requirements for certain 23
37	37	entities.— 24
38	38	(1) As used in this section, the term: 25
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47	47	F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
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51	51	(a) "Child" means a person younger than 12 years of age. 26
52	52	(b) "Organization" means a summer day camp, a summer 24 -27
53	53	hour camp, a school, a preschool, a kindergarten, a nur sery 28
54	54	school, a child care facility as defined in s. 402.302, or any 29
55	55	other facility providing child care services which is licensed 30
56	56	by the Department of Children and Families. 31
57	57	(c) "Public swimming pool" has the same meaning as in s. 32
58	58	514.011(2), but does n ot include a wading pool. 33
59	59	(d) "Wading pool" means a pool, including a pool that 34
60	60	contains a public interactive water feature or fountain, with a 35
61	61	maximum water depth of no more than 18 inches. 36
62	62	(2) An organization that takes a child in its care or 37
63	63	under its supervision to a public bathing place or public 38
64	64	swimming pool or otherwise allows a child access to a public 39
65	65	bathing place or public swimming pool must require the child's 40
66	66	parent or legal guardian to attest in writing whether the child 41
67	67	is able to swim or is at risk of injury or death when swimming 42
68	68	or otherwise accessing a pool or body of water. 43
69	69	(3) Except as provided in subsection (4), if an 44
70	70	organization conducts an activity that provides a child in its 45
71	71	care or under its supervision access to a public bathing place 46
72	72	or public swimming pool, during the time each child who is 47
73	73	unable to swim or is at risk of injury or death when swimming or 48
74	74	accessing a body of water is present within a fenced -in area 49
75	75	around a public bathing place or public swimming pool or within 50
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84	84	F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
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88	88	100 feet of a public bathing place or public swimming pool 51
89	89	without a fenced-in area, the organization must: 52
90	90	(a) For a public bathing place, provide to the child a 53
91	91	Type II United States Coast Guard -approved personal flotation 54
92	92	device. 55
93	93	(b) For a public swimming pool, provide to the child a 56
94	94	Type II or Type III United States Coast Guard -approved personal 57
95	95	flotation device. 58
96	96	(c) Ensure that the personal flotation device that it 59
97	97	provides to the child is properly fitted to and fastened for the 60
98	98	child. 61
99	99	(4) An organization need not provide a child with a 62
100	100	personal flotation device as required under subsection (3) if 63
101	101	the child is actively participating in swimming instruction or a 64
102	102	swimming competition and the organization ensures that each such 65
103	103	child is supervised during the instruction or competition. 66
104	104	(5) An organization licensed or otherwise regulated by the 67
105	105	state which violates this section or rules adopted pursuant to 68
106	106	this section is subject to disciplinary action, including, but 69
107	107	not limited to, the i mposition of an administrative penalty by 70
108	108	any state regulatory agency with the power to take disciplinary 71
109	109	action against that organization in the same manner as if the 72
110	110	organization violated that agency's licensing or other 73
111	111	regulatory laws or rules. 74
112	112	(6) This section does not apply to: 75
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121	121	F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
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125	125	(a) Residential boarding schools that allow an employee, a 76
126	126	family member of an employee, or a guest of an employee to use a 77
127	127	body of water at the school for recreational purposes. 78
128	128	(b) Child-placing agencies, family foster homes, or 79
129	129	residential child-caring agencies as those terms are defined in 80
130	130	s. 409.175(2). 81
131	131	(7) The department may adopt rules necessary to implement 82
132	132	this section. 83
133	133	Section 3. This act shall take effect July 1, 2024. 84