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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 swimming safety; creating s. 2
514.0731, F.S.; providing a short title; providing 3
definitions; prohibiting organizations from granting 4
water access at public bathing places or public 5
swimming pools to certain children without first being 6
provided specified information; requiring 7
organizations to provide specified personal flotation 8
devices to certain children; providing an alternative 9
for providing children with personal flotation 10
devices; requiring organizations to properly fit 11
certain children with personal flotation devices that 12
the organization provides; providing exceptions; 13
providing penalties for violations; authorizing public 14
bathing places and public swimming pools to refuse 15
water access to certain children whose parents or 16
legal guardians have not provided specified 17
information; authorizing public bathing places and 18
public swimming pools to loan or rent for use 19
specified personal flotation devices for certain 20
purposes; authorizing the Department Health to adopt 21
rules; revising the t itle of ch. 515, F.S.; 22
designating part I of ch. 515, F.S., entitled 23
"Residential Swimming Pool Safety Act"; amending ss. 24
515.21, 515.23, 515.25, 515.31, 515.33, 515.35, and 25
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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
515.37, F.S.; conforming provisions to changes made by 26
the act; creating part II o f ch. 515, F.S., entitled 27
"Open Water Safety"; creating s. 515.41, F.S.; 28
providing a short title; creating s. 515.42, F.S.; 29
providing legislative intent; creating s. 515.43, 30
F.S.; providing definitions; creating s. 515.44, F.S.; 31
requiring certain counties and municipalities to 32
create pilot programs to install drowning prevention 33
stations at high-risk water access areas; providing 34
specifications regarding the locations of such 35
drowning prevention stations; specifying information 36
that each participating count y and municipality must 37
provide to the Department of Environmental Protection 38
following conclusion of the pilot program; requiring 39
the department to submit a final report to Governor 40
and Legislature; providing contents of the report; 41
creating s. 515.45, F. S.; encouraging local 42
governments to implement sponsorship programs with 43
businesses to help fund drowning prevention stations; 44
specifying uses for such funds; creating s. 515.46, 45
F.S.; requiring the department to coordinate a public 46
awareness campaign deal ing with water safety during 47
implementation of the pilot program; creating s. 48
515.47, F.S.; authorizing the department to adopt 49
rules; amending s. 1003.225, F.S.; requiring parents 50
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or legal guardians of students with autism to provide 51
specified information regarding water safety and 52
swimming certifications to the child's public school 53
at specified intervals; providing an effective date. 54
55
Be It Enacted by the Legislature of the State of Florida: 56
57
Section 1. Section 2 of this act may be cited as the 58
"Kareem Angel Green Autism Drowning Prevention Act." 59
Section 2. Section 514.0731, Florida Statutes, is created 60
to read: 61
514.0731 Child water safety requirements. — 62
(1) As used in this section, the term: 63
(a) "Child" means a person 12 years of age or younger and 64
includes a person who has been diagnosed with autism, as that 65
term is defined in s. 393.063, who is 18 years of age or 66
younger. 67
(b) "Organization" means a summer day camp, a summer camp 68
having children in full -time residence, a school, a pre school, a 69
kindergarten, a nursery school, or a child care center or 70
arrangement that provides child care for more than five children 71
unrelated to the operator and that receives a payment, fee, or 72
grant for any of the children receiving care, wherever opera ted 73
and whether or not operated for profit. The term does not 74
include: 75
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1. A residential boarding school that allows an employee, 76
a family member of an employee, or a guest of an employee to use 77
a body of water at the school for recreational purposes. 78
2. Any child-placing agency, family foster home, or 79
residential child-caring agency as those terms are defined in s. 80
409.175(2). 81
3. A child care facility licensed under s. 402.305. 82
(c) "Public swimming pool" has the same meaning as in s. 83
514.011 but does not include a wading pool, which is a pool that 84
contains a public interactive water feature or fountain, with a 85
maximum water depth of no more than 18 inches. 86
(2)(a) An organization may not allow water access at a 87
public bathing place or public swimmin g pool to any child who is 88
in its care or supervision without first requiring the parent or 89
legal guardian to provide to the organization one of the 90
following: 91
1. A certification from the American Red Cross, the 92
Y.M.C.A., or other nationally recognized aquatic training 93
program certifying the child's swimming proficiency; 94
2. A written attestation signed by the parent or legal 95
guardian that the child is able to swim proficiently; or 96
3. A written waiver signed by the parent or legal guardian 97
acknowledging that the child is unable to swim or is at risk of 98
injury when swimming. The waiver must release the organization 99
from responsibility if the child is injured or drowns as a 100
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result of the child's inability to swim proficiently. 101
(b) An organization may refuse water access to a child 102
whose parent or legal guardian has not provided the required 103
documentation. 104
(3)(a) Except as provided in subsection (4), the 105
organization must provide ea ch child who is unable to swim or is 106
at risk of injury when swimming as acknowledged by a parent or 107
legal guardian in subparagraph (2)(a)3. one of the following: 108
1. For a public bathing place, a Type II United States 109
Coast Guard-approved personal flotati on device in the color of 110
international orange; or 111
2. For a public swimming pool, a Type II or Type III 112
United States Coast Guard -approved personal flotation device. 113
(b) In lieu of providing personal flotation devices, the 114
organization can determine wh ether the public bathing place or 115
public swimming pool has a supply of the appropriate United 116
States Coast Guard-approved personal flotation devices for use 117
by each child who is not proficient in swimming. However, a 118
public bathing place or public swimming pool is not required to 119
keep a supply of personal flotation devices for use by the 120
organization. 121
(c) The organization must properly fit and fasten to a 122
child any personal flotation device that the organization 123
provides. 124
(4) An organization is not req uired to provide a child 125
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with a personal flotation device as required under subsection 126
(3) if the child is actively participating in swimming 127
instruction or a swimming competition and the organization 128
ensures that the child is supervised during the instruc tion or 129
competition. 130
(5) An organization licensed or regulated by the state 131
that violates this section or rules adopted under this section 132
may be subject to disciplinary action, including, but not 133
limited to, the imposition of an administrative penalty b y the 134
Department of Health. 135
(6)(a) A public bathing place or public swimming pool may 136
refuse water access to a child who comes to a bathing place or 137
swimming pool unless the parent or legal guardian first provides 138
one of the following documents: 139
1. A certification of the child's swimming proficiency 140
from the American Red Cross, the Y.M.C.A., or other nationally 141
recognized aquatic training program; 142
2. A written attestation that the child is able to swim 143
proficiently; or 144
3. A written signed waiver a cknowledging that the child is 145
unable to swim or is at risk of injury or death when swimming. 146
(b) A public bathing place or public swimming pool may 147
offer to loan or rent for use by children whose parents or legal 148
guardians have signed the written waiver : 149
1. For a public bathing place, a Type II United States 150
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Coast Guard-approved personal flotation device in the color of 151
international orange. 152
2. For a public swimming pool, a Type II or Type III 153
United States Coast Guard -approved personal flotation dev ice. 154
(7) Each public bathing place and public swimming pool 155
must prominently display a sign near the check -in area which 156
describes the dangers of water and swimming pools to children. 157
The sign should include information provided in "12 Things 158
Parents of Children with Autism Need to Know About Drowning 159
Prevention" from the Autism Society of Florida. 160
(8) The department may adopt rules necessary to implement 161
this section. 162
Section 3. Chapter 515, Florida Statutes, entitled 163
"RESIDENTIAL SWIMMING POOL SAF ETY ACT" is renamed "SWIMMING POOL 164
AND PUBLIC WATER SAFETY ACT." 165
Section 4. Sections 515.21 through 515.37, Florida 166
Statutes, are designated as part I of chapter 515, Florida 167
Statutes, and entitled "Residential Swimming Pool Safety Act." 168
Section 5. Section 515.21, Florida Statutes, is amended to 169
read: 170
515.21 Short title. —This part chapter may be cited as the 171
"Preston de Ibern/McKenzie Merriam Residential Swimming Pool 172
Safety Act." 173
Section 6. Section 515.23, Florida Statutes, is amended to 174
read: 175
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515.23 Legislative findings and intent. —The Legislature 176
finds that drowning is the leading cause of death of young 177
children in this state and is also a significant cause of death 178
for medically frail elderly persons in this state, that constant 179
adult supervision is the key to accomplishing the objective of 180
reducing the number of submersion incidents, and that when 181
lapses in supervision occur a pool safety feature designed to 182
deny, delay, or detect unsupervised entry to the swimming pool, 183
spa, or hot tub will reduce drowning and near -drowning 184
incidents. In addition to the incalculable human cost of these 185
submersion incidents, the health care costs, loss of lifetime 186
productivity, and legal and administrative expenses associated 187
with drownings of young c hildren and medically frail elderly 188
persons in this state each year and the lifetime costs for the 189
care and treatment of young children who have suffered brain 190
disability due to near -drowning incidents each year are 191
enormous. Therefore, it is the intent of the Legislature that 192
all new residential swimming pools, spas, and hot tubs be 193
equipped with at least one pool safety feature as specified in 194
this part chapter. It is also the intent of the Legislature that 195
the Department of Health be responsible for prod ucing its own or 196
adopting a nationally recognized publication that provides the 197
public with information on drowning prevention and the 198
responsibilities of pool ownership and also for developing its 199
own or adopting a nationally recognized drowning preventio n 200
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education program for the public and for persons violating the 201
pool safety requirements of this part chapter. 202
Section 7. Section 515.25, Florida Statutes, is amended to 203
read: 204
515.25 Definitions. —As used in this part chapter, the 205
term: 206
(1) "Approved safety pool cover" means a manually or 207
power-operated safety pool cover that meets all of the 208
performance standards of the American Society for Testing and 209
Materials (ASTM) in compliance with standard F1346 -91. 210
(2) "Barrier" means a fence, dwelling wa ll, or nondwelling 211
wall, or any combination thereof, which completely surrounds the 212
swimming pool and obstructs access to the swimming pool, 213
especially access from the residence or from the yard outside 214
the barrier. 215
(3) "Department" means the Department of Health. 216
(4) "Exit alarm" means a device that makes audible, 217
continuous alarm sounds when any door or window which permits 218
access from the residence to any pool area that is without an 219
intervening enclosure is opened or left ajar. 220
(5) "Indoor swimmin g pool" means a swimming pool that is 221
totally contained within a building and surrounded on all four 222
sides by walls of or within the building. 223
(6) "Medically frail elderly person" means any person who 224
is at least 65 years of age and has a medical problem that 225
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affects balance, vision, or judgment, including, but not limited 226
to, a heart condition, diabetes, or Alzheimer's disease or any 227
related disorder. 228
(7) "Outdoor swimming pool" means any swimming pool that 229
is not an indoor swimming pool. 230
(8) "Portable spa" means a nonpermanent structure intended 231
for recreational bathing, in which all controls and water -232
heating and water-circulating equipment are an integral part of 233
the product and which is cord -connected and not permanently 234
electrically wired. 235
(9) "Public swimming pool" means a swimming pool, as 236
defined in s. 514.011(2), which is operated, with or without 237
charge, for the use of the general public; however, the term 238
does not include a swimming pool located on the grounds of a 239
private residence. 240
(10) "Residential" means situated on the premises of a 241
detached one-family or two-family dwelling or a one -family 242
townhouse not more than three stories high. 243
(11) "Swimming pool" means any structure, located in a 244
residential area, that is intended for swimm ing or recreational 245
bathing and contains water over 24 inches deep, including, but 246
not limited to, in-ground, aboveground, and on -ground swimming 247
pools; hot tubs; and nonportable spas. 248
(12) "Young child" means any person under the age of 6 249
years. 250
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Section 8. Subsection (1) of section 515.31, Florida 251
Statutes, is amended to read: 252
515.31 Drowning prevention education program; public 253
information publication. — 254
(1) The department shall develop a drowning prevention 255
education program, which shall be made available to the public 256
at the state and local levels and which shall be required as set 257
forth in s. 515.27(2) for persons in violation of the pool 258
safety requirements of this part chapter. The department may 259
charge a fee, not to exceed $100, for attendan ce at such a 260
program. The drowning prevention education program shall be 261
funded using fee proceeds, state funds appropriated for such 262
purpose, and grants. The department, in lieu of developing its 263
own program, may adopt a nationally recognized drowning 264
prevention education program to be approved for use in local 265
safety education programs, as provided in rule of the 266
department. 267
Section 9. Section 515.33, Florida Statutes, is amended to 268
read: 269
515.33 Information required to be furnished to buyers. —A 270
licensed pool contractor, on entering into an agreement with a 271
buyer to build a residential swimming pool, or a licensed home 272
builder or developer, on entering into an agreement with a buyer 273
to build a house that includes a residential swimming pool, must 274
give the buyer a document containing the requirements of this 275
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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
part chapter and a copy of the publication produced by the 276
department under s. 515.31 that provides information on drowning 277
prevention and the responsibilities of pool ownership. 278
Section 10. Section 515.35, Florida Statutes, is amended 279
to read: 280
515.35 Rulemaking authority. —The department shall adopt 281
rules pursuant to the Administrative Procedure Act establishing 282
the fees required to attend drowning prevention education 283
programs and setting fort h the information required under this 284
part chapter to be provided by licensed pool contractors and 285
licensed home builders or developers. 286
Section 11. Section 515.37, Florida Statutes, is amended 287
to read: 288
515.37 Exemptions.—This part chapter does not apply to: 289
(1) Any system of sumps, irrigation canals, or irrigation 290
flood control or drainage works constructed or operated for the 291
purpose of storing, delivering, distributing, or conveying 292
water. 293
(2) Stock ponds, storage tanks, livestock operations, 294
livestock watering troughs, or other structures used in normal 295
agricultural practices. 296
(3) Public swimming pools. 297
(4) Any political subdivision that has adopted or adopts a 298
residential pool safety ordinance, provided the ordinance is 299
equal to or more stringent than the provisions of this part 300
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chapter. 301
(5) Any portable spa with a safety cover that complies 302
with ASTM F1346-91 (Standard Performance Specification for 303
Safety Covers and Labeling Requirements for All Covers for 304
Swimming Pools, Spas and Hot Tu bs). 305
(6) Small, temporary pools without motors, which are 306
commonly referred to or known as "kiddie pools." 307
Section 12. Sections 515.41 through 515.48, Florida 308
Statutes, are designated as part II of chapter 515, Florida 309
Statutes, and entitled "OPEN WA TER SAFETY." 310
Section 13. Section 515.41, Florida Statutes, is created 311
to read: 312
515.41 Short title. —This part may be cited as the "Open 313
Water Safety Act." 314
Section 14. Section 515.42, Florida Statutes, is created 315
to read: 316
515.42 Legislative findings and intent. —The Legislature 317
finds that drowning is a leading cause of accidental death in 318
the state, particularly in open water environments. The 319
Legislature further finds that the installation of life -saving 320
equipment, including life -saving ring buoys and drowning 321
prevention stations, significantly reduces the risk of drowning. 322
It is the intent of the Legislature to ensure that all public 323
water access areas are equipped with life -saving equipment to 324
enhance public safety and save lives. 325
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Section 15. Section 515.43, Florida Statutes, is created 326
to read: 327
515.43 Definitions. — 328
As used in this part, the term: 329
(1) "Department" means the Department of Environmental 330
Protection. 331
(2) "Drowning prevention station" means a publicly 332
accessible station equipped to provide immediate assistance in 333
water emergencies. A drowning prevention station shall include 334
life-saving ring buoys, support posts, and signage and may 335
include: 336
(a) SMART technology capable of alerting 911 when a life -337
saving ring buoy is deployed. 338
(b) Audible alarms to notify nearby individuals of an 339
emergency. 340
(c) Cameras and GPS tracking to assist emergency 341
responders. 342
(3) "Public water access areas" means beaches or 343
lakefronts with public access providing swimmable open waters. 344
(4) "SMART technology" includes equipment with features 345
such as 911 alert systems, audible alarms, cameras, and GPS 346
tracking to enhance emergency response. 347
Section 16. Section 515.44, Florida Statutes, is created 348
to read: 349
515.44 Pilot program and pha sed implementation.— 350
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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) No later than October 1, 2025, each county with a 351
population greater than 250,000 and each municipality with a 352
population greater than 100,000 as estimated by the Office of 353
Economic and Demographic Research on April 1, 2025, shal l create 354
and oversee a pilot program to install drowning prevention 355
stations at high-risk public water access areas. For purposes of 356
this subsection, the term "high -risk public water access areas" 357
means public water access areas within the county or 358
municipality at which drownings or swimming emergency events 359
have occurred or are occurring at a rate higher than in other 360
public water access areas within that county or municipality. 361
(2) Each station must, at a minimum, contain one type of 362
drowning prevention station and each station must be placed at 363
least every 1,000 feet along the shoreline of the high -risk 364
public water access areas. 365
(3) Each participating county and municipality must 366
provide the following information to the department no later 367
than December 1, 2025: 368
(a) The number of high -risk public water access areas the 369
county or municipality included in its pilot program. 370
(b) An identification of the type of drowning prevention 371
stations that were set up at each high -risk public water access 372
area. 373
(c) The number of drownings or swimming emergency events 374
that occurred at each high -risk public water access area for 375
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each month for the 2 years before the start of the pilot 376
program. 377
(d) The number of drownings or swimming emergency events 378
that occurred at each high-risk public water access area for 379
each month during the pilot program. 380
(e) The number of times the drowning prevention stations 381
were used during the pilot program. 382
(4)(a) The department must submit to the Governor, the 383
President of the Senate, and the Speaker of the House of 384
Representatives a final report that: 385
1. Summarizes the results of the pilot program within each 386
participating county and municipality. 387
2. Describes a phased implementation plan to expand the 388
program statewide if the pilot program demonstrates that the 389
addition of drowning prevention stations prevented drownings or 390
assisted during swimming emergency events. The phased 391
implementation plan must also include public water access areas 392
located within the jurisdiction o f the state for installation of 393
drowning prevention stations. 394
(b) If the department provides recommendations for a 395
phased implementation plan, the phased implementation plan must: 396
1. Consider the ability and necessity of the rural 397
counties and municipa lities to set up drowning prevention 398
stations. 399
2. Provide recommended distances, expressed in linear 400
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feet, that each drowning prevention station should be from the 401
next drowning prevention station along a shoreline. 402
3. Determine whether drowning preven tion stations should 403
be set up at every public water access area or only at high -risk 404
public water access areas. 405
Section 17. Section 515.45, Florida Statutes, is created 406
to read: 407
515.45 Local business sponsorship program. — 408
(1) Each county and municipality that participates in the 409
pilot program is encouraged to implement a sponsorship program 410
to allow businesses to fund drowning prevention stations in 411
exchange for advertising space at the stations. 412
(2) Funds generated from sponsorships must be used for the 413
installation, maintenance, and operation of the stations. 414
Section 18. Section 515.46, Florida Statutes, is created 415
to read: 416
515.46 Public awareness campaign. —During implementation of 417
the pilot program, the department must coordinate a p ublic 418
awareness campaign to educate the public on water safety, the 419
use of drowning prevention equipment, and the meaning of beach 420
safety flags. 421
Section 19. Section 515.47, Florida Statutes, is created 422
to read: 423
515.47 Rulemaking authority. —The department may adopt 424
rules to implement the provisions of this part. 425
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Section 20. Subsection (2) of section 1003.225, Florida 426
Statutes, is amended to read: 427
1003.225 Water safety and swimming certification. — 428
(2)(a) Beginning with the 2022 -2023 school year, each 429
public school shall provide, to a parent who initially enrolls 430
his or her child in the school, information on the important 431
role water safety education courses and swimming lessons play in 432
saving lives. The information must be provided electronically or 433
in hard copy and must include local options for age -appropriate 434
water safety courses and swimming lessons that result in a 435
certificate indicating successful completion, including courses 436
and lessons offered for free or at a reduced price. If the 437
student is 18 years of age or older, or is under the age of 21 438
and is enrolling in adult education classes, the information 439
must be provided to the student. 440
(b) Beginning with the 2025 -2026 school year, the parent 441
or legal guardian of each student who has been diagnosed with 442
autism, as that term is defined in s. 393.063, regardless of the 443
level of diagnosis, must provide information electronically or 444
in hard copy related to water safety and swimming certifications 445
to the child's public school on an annual basis . 446
Section 21. This act shall take effect upon becoming a 447
law. 448