Florida Senate - 2023                                      SB 74
       By Senator Rodriguez
       40-00057-23                                             202374__
    1                        A bill to be entitled                      
    2         An act relating to child water safety requirements;
    3         providing a short title; creating s. 514.073, F.S.;
    4         defining terms; providing that certain organizations
    5         that care for or supervise children must require
    6         parents or legal guardians to attest certain
    7         information in writing before taking children under
    8         their care or supervision to public bathing places or
    9         public swimming pools; providing requirements for such
   10         organizations when they conduct certain activities in
   11         public bathing places or public swimming pools;
   12         providing an exception; providing for disciplinary
   13         action against such organizations for certain
   14         violations; providing applicability; authorizing the
   15         Department of Health to adopt rules; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. This act may be cited as the “Kareem Angel Green
   21  Act.”
   22         Section 2. Section 514.073, Florida Statutes, is created to
   23  read:
   24         514.073Child water safety requirements for certain
   25  entities.—
   26         (1)As used in this section, the term:
   27         (a)“Child” means a person younger than 12 years of age.
   28         (b)“Organization” means a summer day camp, a summer 24
   29  hour camp, a school, a preschool, a kindergarten, a nursery
   30  school, a child care facility as defined in s. 402.302, or any
   31  other facility providing child care services which is licensed
   32  by the Department of Children and Families.
   33         (c)“Public swimming pool” has the same meaning as in s.
   34  514.011, but does not include a wading pool.
   35         (d)“Wading pool” means a pool, including a pool that
   36  contains a public interactive water feature or fountain, with a
   37  maximum water depth of no more than 18 inches.
   38         (2)An organization that takes a child in its care or under
   39  its supervision to a public bathing place or a public swimming
   40  pool or otherwise allows a child access to a public bathing
   41  place or public swimming pool must require the child’s parent or
   42  legal guardian to attest in writing whether the child is able to
   43  swim or is at risk of injury or death when swimming or otherwise
   44  accessing a pool or body of water.
   45         (3)Except as provided in subsection (4), if an
   46  organization conducts an activity that provides a child in its
   47  care or under its supervision access to a public bathing place
   48  or a public swimming pool, during the time each child who is
   49  unable to swim or is at risk of injury or death when swimming or
   50  accessing a body of water is present within a fenced-in area
   51  around a public bathing place or public swimming pool or within
   52  100 feet of a public bathing place or public swimming pool
   53  without a fenced-in area, the organization must:
   54         (a)For a public bathing place, provide to the child a Type
   55  II United States Coast Guard-approved personal flotation device.
   56         (b)For a public swimming pool, provide to the child a Type
   57  II or Type III United States Coast Guard-approved personal
   58  flotation device.
   59         (c)Ensure that the personal flotation device that it
   60  provides to the child is properly fitted to and fastened for the
   61  child.
   62         (4)An organization need not provide a child with a
   63  flotation device as required under subsection (3) if the child
   64  is actively participating in swimming instruction and the
   65  organization ensures that each such child is supervised during
   66  the instruction.
   67         (5)An organization licensed or otherwise regulated by the
   68  state which violates this section or rules adopted pursuant to
   69  this section is subject to disciplinary action, including, but
   70  not limited to, the imposition of an administrative penalty by
   71  any state regulatory agency with the power to take disciplinary
   72  action against that organization in the same manner as if the
   73  organization violated that agency’s licensing or other
   74  regulatory laws or rules.
   75         (6)This section does not apply to child-placing agencies,
   76  family foster homes, or residential child-caring agencies as
   77  those terms are defined in s. 409.175(2).
   78         (7)The department may adopt rules necessary to implement
   79  this section.
   80         Section 3. This act shall take effect July 1, 2023.