Title: Residential Swimming Pool Requirements

Summary: Requires swimming pools located on residential real property that is transferred or sold on or after specified date to meet certain pool safety & pool barrier requirements; requires certain persons to report violations of law to local law enforcement agency.

Full Text:
An act relating to residential swimming pool requirements; amending ss. 515.27 and 515.29, F.S.; requiring swimming pools located on residential real property that are transferred or sold on or after a specified date to meet certain pool safety and pool barrier requirements; requiring certain persons to report violations of the law to a local law enforcement agency; amending s. 515.31, F.S.; conforming a cross-reference and making technical changes; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (2) of section 515.27, Florida Statutes, is renumbered as subsection (3), present subsect ion (2) is amended, a new subsection (2) is added to that section, and subsection (1) is republished, to read: 515.27 Residential swimming pool safety feature options; penalties.-(1) In order to pass final inspection and receive a certificate of compl etion, a residential swimming pool must meet at least one of the following requirements relating to pool safety features: (a) The pool must be isolated from access to a home by an HB 2024 enclosure that meets the pool barrier requirements of s. 515.29; (b) The pool must be equipped with an approved safety pool cover; (c) All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of dB A at feet; (d) All doors pro viding direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than inches above the floor; or (e) A swimming pool alarm that, when placed in a pool, sounds an alarm upon detection of an accidental or unauthorized entrance into the water. Such pool alarm must meet and be independently certified to ASTM Standard F2208, titled "Standard Safety Specification for Residential Pool Alarms," which includes surface motion, pres sure, sonar, laser, and infrared alarms. For purposes of this paragraph, the term "swimming pool alarm" does not include any swimming protection alarm device designed for individual use, such as an alarm attached to a child that sounds when the child excee ds a certain distance or becomes submerged in water. (2) A swimming pool, regardless of the year in which the pool was built, located on residential real property that is transferred or sold on or after October 1, 2024, must be equipped with at least one pool safety feature as required in HB 2024 subsection (1). A title company, an inspector, or an underwriter for the mortgage secured on the residential real property must report a violation of this subsection to a local law enforcement agency. (3)(2) A person who fails to equip a new residential swimming pool with at least one pool safety feature as required in subsection (1) or subsection (2) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that no penalty shall be imposed if the person, within days after arrest or issuance of a summons or a notice to appear, has equipped the pool with at least one safety feature as required in subsection (1) and has attended a drowning prevention education program establi shed by s. 515.31. However, the requirement of attending a drowning prevention education program is waived if such program is not offered within days after issuance of the citation. Section 2. Subsection (6) is added to section 515.29, Florida Statu tes, to read: 515.29 Residential swimming pool barrier requirements.-(6) A swimming pool, regardless of the year in which the pool was built, located on residential real property that is transferred or sold on or after October 1, 2024, must meet all of the pool barrier requirements in subsection (1). A title company, an inspector, or an underwriter for the mortgage secured on the residential real property must report a violation HB 2024 of this subsection to a local law enforcement agency. Section 3. Subsection (1) of section 515.31, Florida Statutes, is amended to read: 515.31 Drowning prevention education program; public information publication.-(1) The department shall develop a drowning prevention education program.Such program mu st, which shall be made available to the public at the state and local levels and is which shall be required as set forth in s. 515.27(3) s. 515.27(2) for persons in violation of the pool safety requirements of this chapter. The department may charge a fee,not to exceed $100, for attendance at such a program. The drowning prevention education program is to shall be funded using fee proceeds, state funds appropriated for such purpose, and grants. The department, in lieu of developing its own program, may ad opt a nationally recognized drowning prevention education program to be approved for use in local safety education programs, as provided in rule of the department. Section 4. This act shall take effect July 1, 2024.