Florida Senate - 2026              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB's 658 & 608
       
       
       
       
       
                               Ì553706-Î553706                          
       
       580-02099-26                                                    
       Proposed Committee Substitute by the Committee on Regulated
       Industries
    1                        A bill to be entitled                      
    2         An act relating to water safety requirements for the
    3         rental of residential and vacation properties;
    4         amending s. 83.51, F.S.; requiring a landlord to equip
    5         certain rental properties with specified water safety
    6         features; providing criminal penalties; providing an
    7         exception; defining the terms “swimming pool” and
    8         “water body”; conforming a provision to changes made
    9         by the act; amending s. 509.211, F.S.; requiring a
   10         public lodging establishment licensed as a vacation
   11         rental to equip certain rental units with specified
   12         water safety features; providing criminal penalties;
   13         providing an exception; defining terms; providing
   14         construction; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Present subsection (4) of section 83.51, Florida
   19  Statutes, is redesignated as subsection (5) and amended, and a
   20  new subsection (4) is added to that section, to read:
   21         83.51 Landlord’s obligation to maintain premises.—
   22         (4)(a) At all times during a tenancy, if a water body that
   23  is not a swimming pool exists within 150 feet of the dwelling
   24  unit, the landlord must ensure that either:
   25         1. All doors and windows providing direct access to the
   26  exterior of the dwelling unit are equipped with an exit alarm
   27  that has a minimum sound pressure rating of 85 dB A at 10 feet;
   28  or
   29         2. All doors providing direct access to the exterior of the
   30  dwelling unit are equipped with a self-closing, self-latching
   31  device with a release mechanism placed no lower than 54 inches
   32  above the floor.
   33         (b) If the dwelling unit has a swimming pool on its
   34  premises, the landlord must ensure that the dwelling unit is
   35  equipped with at least one pool safety feature as described in
   36  s. 515.27(1).
   37         (c) A landlord who violates this subsection commits a
   38  misdemeanor of the second degree, punishable as provided in s.
   39  775.082 or s. 775.083, except that it is not a violation of this
   40  subsection if:
   41         1. The violation is due to the removal or modification of
   42  any safety feature required in paragraph (a) by the tenant, a
   43  member of the tenant’s family, or a person on the premises with
   44  the tenant’s consent;
   45         2. Such removal or modification occurred without the
   46  landlord’s knowledge; and
   47         3. The landlord corrects the violation within 45 days after
   48  receiving actual knowledge thereof.
   49         (d) For the purposes of this subsection, the term:
   50         1. “Swimming pool” has the same meaning as in s. 515.25.
   51         2. “Water body” means any water or body of water regularly
   52  at a depth of at least 24 inches at its deepest point. The term
   53  does not include underground water that cannot be accessed by
   54  individuals from an access point located within 150 feet of the
   55  dwelling unit.
   56         (5)(4) The landlord is not responsible to the tenant under
   57  this section for conditions created or caused by the negligent
   58  or wrongful act or omission of the tenant, a member of the
   59  tenant’s family, or a other person on the premises with the
   60  tenant’s consent, including the removal or modification of any
   61  safety features required under subsection (4) by the tenant, a
   62  member of the tenant’s family, or a person on the premises with
   63  the tenant’s consent.
   64         Section 2. Subsection (6) is added to section 509.211,
   65  Florida Statutes, to read:
   66         509.211 Safety regulations.—
   67         (6)(a) If a public lodging establishment licensed as a
   68  vacation rental has a water body within 150 feet of the rental
   69  unit which is not a swimming pool, the licensee must ensure
   70  that:
   71         1. All doors and windows providing direct access to the
   72  exterior of the rental unit are equipped with an exit alarm that
   73  has a minimum sound pressure rating of 85 dB A at 10 feet; or
   74         2. All doors providing direct access to the exterior of the
   75  rental unit are equipped with a self-closing, self-latching
   76  device with a release mechanism placed no lower than 54 inches
   77  above the floor.
   78         (b)If a public lodging establishment licensed as a
   79  vacation rental has a swimming pool on its premises, the
   80  licensee must ensure that the rental unit is equipped with at
   81  least one pool safety feature as described in s. 515.27(1).
   82         (c) The department may suspend or revoke the license and
   83  fine the licensee for noncompliance with this subsection.
   84         (d) A licensee who violates this subsection commits a
   85  misdemeanor of the second degree, punishable as provided in s.
   86  775.082 or s. 775.083, except that it is not a violation of this
   87  subsection if:
   88         1. The violation is due to the removal or modification of
   89  any safety feature required under paragraph (a) or paragraph (b)
   90  by a guest, a member of a guest’s family, or a person on the
   91  premises of the rental unit with a guest’s consent;
   92         2. Such removal or modification occurred without the
   93  licensee’s knowledge; and
   94         3. The licensee corrects the violation within 45 days after
   95  receiving actual knowledge thereof.
   96         (e) For the purposes of this subsection:
   97         1. “Swimming pool” has the same meaning as in s. 515.25.
   98         2. “Vacation rental” has the same meaning as in s.
   99  509.242(1)(c).
  100         3. “Water body” means any water or body of water regularly
  101  at a depth of at least 24 inches at its deepest point. The term
  102  does not include underground water that cannot be accessed by
  103  individuals from an access point located within 150 feet of the
  104  rental unit.
  105         (f) This subsection may not be construed to prevent a local
  106  government from imposing additional requirements to those
  107  specified in this section.
  108         Section 3. This act shall take effect July 1, 2026.