HB 123 2024
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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
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 such children to 7
public bathing places or public swimming pools; 8
providing requirements for such organizations when 9
they conduct certain activities in public bathing 10
places or public swimming pools; providing an 11
exception; providing for disciplinary action against 12
such organizations for certain violations; providing 13
applicability; authorizing the Department of Health to 14
adopt rules; providing an effective date. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. This act may be cited as the "Kareem Angel 19
Green Act." 20
Section 2. Section 514.073, Florida Statutes, is created 21
to read: 22
514.073 Child water safety requirements for certain 23
entities.— 24
(1) As used in this section, the term: 25
HB 123 2024
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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
(a) "Child" means a person younger than 12 years of age. 26
(b) "Organization" means a summer day camp, a summer 24 -27
hour camp, a school, a preschool, a kindergarten, a nur sery 28
school, a child care facility as defined in s. 402.302, or any 29
other facility providing child care services which is licensed 30
by the Department of Children and Families. 31
(c) "Public swimming pool" has the same meaning as in s. 32
514.011(2), but does n ot include a wading pool. 33
(d) "Wading pool" means a pool, including a pool that 34
contains a public interactive water feature or fountain, with a 35
maximum water depth of no more than 18 inches. 36
(2) An organization that takes a child in its care or 37
under its supervision to a public bathing place or public 38
swimming pool or otherwise allows a child access to a public 39
bathing place or public swimming pool must require the child's 40
parent or legal guardian to attest in writing whether the child 41
is able to swim or is at risk of injury or death when swimming 42
or otherwise accessing a pool or body of water. 43
(3) Except as provided in subsection (4), if an 44
organization conducts an activity that provides a child in its 45
care or under its supervision access to a public bathing place 46
or public swimming pool, during the time each child who is 47
unable to swim or is at risk of injury or death when swimming or 48
accessing a body of water is present within a fenced -in area 49
around a public bathing place or public swimming pool or within 50
HB 123 2024
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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
100 feet of a public bathing place or public swimming pool 51
without a fenced-in area, the organization must: 52
(a) For a public bathing place, provide to the child a 53
Type II United States Coast Guard -approved personal flotation 54
device. 55
(b) For a public swimming pool, provide to the child a 56
Type II or Type III United States Coast Guard -approved personal 57
flotation device. 58
(c) Ensure that the personal flotation device that it 59
provides to the child is properly fitted to and fastened for the 60
child. 61
(4) An organization need not provide a child with a 62
personal flotation device as required under subsection (3) if 63
the child is actively participating in swimming instruction or a 64
swimming competition and the organization ensures that each such 65
child is supervised during the instruction or competition. 66
(5) An organization licensed or otherwise regulated by the 67
state which violates this section or rules adopted pursuant to 68
this section is subject to disciplinary action, including, but 69
not limited to, the i mposition of an administrative penalty by 70
any state regulatory agency with the power to take disciplinary 71
action against that organization in the same manner as if the 72
organization violated that agency's licensing or other 73
regulatory laws or rules. 74
(6) This section does not apply to: 75
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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
(a) Residential boarding schools that allow an employee, a 76
family member of an employee, or a guest of an employee to use a 77
body of water at the school for recreational purposes. 78
(b) Child-placing agencies, family foster homes, or 79
residential child-caring agencies as those terms are defined in 80
s. 409.175(2). 81
(7) The department may adopt rules necessary to implement 82
this section. 83
Section 3. This act shall take effect July 1, 2024. 84