Florida Senate - 2019                                     SB 724
       By Senator Hooper
       16-01014A-19                                           2019724__
    1                        A bill to be entitled                      
    2         An act relating to residential swimming pool safety;
    3         providing a short title; amending s. 468.8323, F.S.;
    4         requiring a home inspector to include certain
    5         information relating to swimming pools in his or her
    6         report; amending s. 515.27, F.S.; requiring that new
    7         residential swimming pools meet an additional
    8         requirement in order to pass final inspection and
    9         receive a certificate of completion; prohibiting a
   10         swimming pool owner from transferring ownership of a
   11         swimming pool unless certain requirements are met;
   12         revising criminal penalties relating to swimming pool
   13         safety features; amending s. 515.31, F.S.; conforming
   14         a cross-reference; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. This act may be cited as “The Kacen’s Cause
   19  Act.”
   20         Section 2. Paragraph (d) is added to subsection (1) of
   21  section 468.8323, Florida Statutes, to read:
   22         468.8323 Home inspection report.—Upon completion of each
   23  home inspection for compensation, the home inspector shall
   24  provide a written report prepared for the client.
   25         (1) The home inspector shall report:
   26         (d) If there is a swimming pool, as defined in s. 515.25,
   27  any safety features, as described in s. 515.27(1), which are
   28  present.
   29         Section 3. Section 515.27, Florida Statutes, is amended to
   30  read:
   31         515.27 Residential swimming pool safety feature options;
   32  penalties.—
   33         (1) In order to pass final inspection and receive a
   34  certificate of completion, a residential swimming pool must meet
   35  at least two one of the following requirements relating to pool
   36  safety features:
   37         (a) The pool must be isolated from access to a home by an
   38  enclosure that meets the pool barrier requirements of s.
   39  515.29.;
   40         (b) The pool must be equipped with an approved safety pool
   41  cover.;
   42         (c) All doors and windows providing direct access from the
   43  home to the pool must be equipped with an exit alarm that has a
   44  minimum sound pressure rating of 85 dB A at 10 feet.;
   45         (d) All doors providing direct access from the home to the
   46  pool must be equipped with a self-closing, self-latching device
   47  with a release mechanism placed no lower than 54 inches above
   48  the floor.; or
   49         (e) A swimming pool alarm that, when placed in a pool,
   50  sounds an alarm upon detection of an accidental or unauthorized
   51  entrance into the water. Such pool alarm must meet and be
   52  independently certified to ASTM Standard F2208, titled “Standard
   53  Safety Specification for Residential Pool Alarms,” which
   54  includes surface motion, pressure, sonar, laser, and infrared
   55  alarms. For purposes of this paragraph, the term “swimming pool
   56  alarm” does not include any swimming protection alarm device
   57  designed for individual use, such as an alarm attached to a
   58  child that sounds when the child exceeds a certain distance or
   59  becomes submerged in water.
   60         (2) A swimming pool owner may not transfer ownership of a
   61  swimming pool unless the swimming pool meets at least two of the
   62  requirements under subsection (1).
   63         (3)(2) A person who fails to equip a new residential
   64  swimming pool with at least two one pool safety features feature
   65  as required in subsection (1) commits a misdemeanor of the
   66  second degree, punishable as provided in s. 775.082 or s.
   67  775.083, except that a penalty may not no penalty shall be
   68  imposed if the person, within 45 days after arrest or issuance
   69  of a summons or a notice to appear, has equipped the pool with
   70  at least two one safety features feature as required in
   71  subsection (1) and has attended a drowning prevention education
   72  program established by s. 515.31. However, the requirement of
   73  attending a drowning prevention education program is waived if
   74  such program is not offered within 45 days after issuance of the
   75  citation.
   76         Section 4. Subsection (1) of section 515.31, Florida
   77  Statutes, is amended to read:
   78         515.31 Drowning prevention education program; public
   79  information publication.—
   80         (1) The department shall develop a drowning prevention
   81  education program, which shall be made available to the public
   82  at the state and local levels and which shall be required as set
   83  forth in s. 515.27(3) s. 515.27(2) for persons in violation of
   84  the pool safety requirements of this chapter. The department may
   85  charge a fee, not to exceed $100, for attendance at such a
   86  program. The drowning prevention education program shall be
   87  funded using fee proceeds, state funds appropriated for such
   88  purpose, and grants. The department, in lieu of developing its
   89  own program, may adopt a nationally recognized drowning
   90  prevention education program to be approved for use in local
   91  safety education programs, as provided in rule of the
   92  department.
   93         Section 5. This act shall take effect July 1, 2019.