Florida 2025 Regular Session

Florida House Bill H0093 Latest Draft

Bill / Introduced Version Filed 01/03/2025

                               
 
HB 93   	2025 
 
 
 
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A bill to be entitled 1 
An act relating to residential swimming pool 2 
requirements; amending ss. 515.27 and 515.29, F.S.; 3 
requiring swimming pools located on residential real 4 
property that is transferred or sold on or after a 5 
specified date to meet certain pool safety and pool 6 
barrier requirements; requiring certain persons to 7 
report violations of the law to a local law 8 
enforcement agency; amending s. 515.31, F.S.; 9 
conforming a cross-reference and making technical 10 
changes; providing an effective date. 11 
 12 
Be It Enacted by the Legislature of the State of Florida: 13 
 14 
 Section 1.  Section 515.27, Florida Statutes, is amended to 15 
read: 16 
 515.27  Residential swimming pool safety feature option s; 17 
penalties.— 18 
 (1)  In order to pass final inspection and receive a 19 
certificate of completion, a residential swimming pool must meet 20 
at least one of the following requirements relating to pool 21 
safety features: 22 
 (a)  The pool must be isolated from access t o a home by an 23 
enclosure that meets the pool barrier requirements of s. 515.29; 24 
 (b)  The pool must be equipped with an approved safety pool 25     
 
HB 93   	2025 
 
 
 
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cover; 26 
 (c)  All doors and windows providing direct access from the 27 
home to the pool must be equipped with an exit alarm that has a 28 
minimum sound pressure rating of 85 dB A at 10 feet; 29 
 (d)  All doors providing direct access from the home to the 30 
pool must be equipped with a self -closing, self-latching device 31 
with a release mechanism placed no lower than 54 inches above 32 
the floor; or 33 
 (e)  A swimming pool alarm that, when placed in a pool, 34 
sounds an alarm upon detection of an accidental or unauthorized 35 
entrance into the water. Such pool alarm must meet and be 36 
independently certified to ASTM Standard F2208, titled "Standa rd 37 
Safety Specification for Residential Pool Alarms," which 38 
includes surface motion, pressure, sonar, laser, and infrared 39 
alarms. For purposes of this paragraph, the term "swimming pool 40 
alarm" does not include any swimming protection alarm device 41 
designed for individual use, such as an alarm attached to a 42 
child that sounds when the child exceeds a certain distance or 43 
becomes submerged in water. 44 
 (2)  A swimming pool, regardless of the year in which the 45 
pool was built, located on residential real property th at is 46 
transferred or sold on or after October 1, 2025, must be 47 
equipped with at least one pool safety feature as required in 48 
subsection (1). A title company, an inspector, or an underwriter 49 
for the mortgage secured on the residential real property must 50     
 
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report a violation of this subsection to a local law enforcement 51 
agency. 52 
 (3)(2) A person who fails to equip a new residential 53 
swimming pool with at least one pool safety feature as required 54 
in subsection (1) or subsection (2) commits a misdemeanor of the 55 
second degree, punishable as provided in s. 775.082 or s. 56 
775.083, except that no penalty shall be imposed if the person, 57 
within 45 days after arrest or issuance of a summons or a notice 58 
to appear, has equipped the pool with at least one safety 59 
feature as required in subsection (1) or subsection (2) and has 60 
attended a drowning prevention education program established by 61 
s. 515.31. However, the requirement of attending a drowning 62 
prevention education program is waived if such program is not 63 
offered within 45 days after issuance of the citation. 64 
 Section 2.  Subsection (6) is added to section 515.29, 65 
Florida Statutes, and subsesction (1) of that section is 66 
republished, to read: 67 
 515.29  Residential swimming pool barrier requirements. — 68 
 (1)  A residential swimm ing pool barrier must have all of 69 
the following characteristics: 70 
 (a)  The barrier must be at least 4 feet high on the 71 
outside. 72 
 (b)  The barrier may not have any gaps, openings, 73 
indentations, protrusions, or structural components that could 74 
allow a young child to crawl under, squeeze through, or climb 75     
 
HB 93   	2025 
 
 
 
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over the barrier. 76 
 (c)  The barrier must be placed around the perimeter of the 77 
pool and must be separate from any fence, wall, or other 78 
enclosure surrounding the yard unless the fence, wall, or other 79 
enclosure or portion thereof is situated on the perimeter of the 80 
pool, is being used as part of the barrier, and meets the 81 
barrier requirements of this section. 82 
 (d)  The barrier must be placed sufficiently away from the 83 
water's edge to prevent a young child or medically frail elderly 84 
person who may have managed to penetrate the barrier from 85 
immediately falling into the water. 86 
 (6)  A swimming pool, regardless of the year in which the 87 
pool was built, located on residential real property that is 88 
transferred or sold on or after October 1, 2025, must meet all 89 
of the pool barrier requirements in subsection (1). A title 90 
company, an inspector, or an underwriter for the mortgage 91 
secured on the residential real property must report a violation 92 
of this subsection to a local law enforcement agency. 93 
 Section 3.  Subsection (1) of section 515.31, Florida 94 
Statutes, is amended to read: 95 
 515.31  Drowning prevention education program; public 96 
information publication. — 97 
 (1)  The department shall develop a drowning prevention 98 
education program. Such program must, which shall be made 99 
available to the public at the state and local levels and is 100     
 
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which shall be required as set forth in s. 515.27(3) s. 101 
515.27(2) for persons in violation of the pool safety 102 
requirements of this chapter. The department may charge a fee, 103 
not to exceed $100, for attendance at such a program. The 104 
drowning prevention education program is to shall be funded 105 
using fee proceeds, state funds appropriated for such purpose, 106 
and grants. The department, in lieu of developing its own 107 
program, may adopt a nationally recognized drowning prevention 108 
education program to be approved for use in local safe ty 109 
education programs, as provided in rule of the department. 110 
 Section 4. This act shall take effect July 1, 2025. 111