CS for CS for SB's 658 & 608 First Engrossed
2026658e1
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; providing applicability; amending s.
10 509.211, F.S.; requiring a public lodging
11 establishment licensed as a vacation rental to equip
12 certain rental units with specified water safety
13 features; authorizing the Division of Hotels and
14 Restaurants to suspend or revoke the license and fine
15 the licensee for noncompliance; providing criminal
16 penalties; providing an exception; defining terms;
17 requiring certain public lodging establishments to
18 file a certificate of compliance upon licensure and
19 renewal; requiring the division to adopt rules;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Present subsection (4) of section 83.51, Florida
25 Statutes, is redesignated as subsection (5) and amended, and a
26 new subsection (4) and subsection (6) are added to that section,
27 to read:
28 83.51 Landlord’s obligation to maintain premises.—
29 (4)(a) At all times during a tenancy, if a water body that
30 is not a swimming pool exists within 150 feet of the dwelling
31 unit, the landlord must ensure that either:
32 1. All doors and windows providing direct access to the
33 exterior of the dwelling unit are equipped with an exit alarm
34 that has a minimum sound pressure rating of 85 dB A at 10 feet;
35 or
36 2. All doors providing direct access to the exterior of the
37 dwelling unit are equipped with a self-closing, self-latching
38 device with a release mechanism placed no lower than 54 inches
39 above the floor.
40 (b) If the dwelling unit has a swimming pool on its
41 premises, the landlord must ensure that the dwelling unit is
42 equipped with at least one pool safety feature as described in
43 s. 515.27(1).
44 (c) A landlord who violates this subsection commits a
45 misdemeanor of the second degree, punishable as provided in s.
46 775.082 or s. 775.083, except that it is not a violation of this
47 subsection if:
48 1. The violation is due to the removal or modification of
49 any safety feature required under paragraph (a) or paragraph (b)
50 by the tenant, a member of the tenant’s family, or a person on
51 the premises with the tenant’s consent;
52 2. Such removal or modification occurred without the
53 landlord’s knowledge; and
54 3. The landlord corrects the violation within 45 days after
55 receiving actual knowledge thereof.
56 (d) For the purposes of this subsection, the term:
57 1. “Swimming pool” has the same meaning as in s. 515.25.
58 2. “Water body” means any water or body of water regularly
59 at a depth of at least 24 inches at its deepest point. The term
60 does not include underground water that cannot be accessed by
61 individuals from an access point located within 150 feet of the
62 dwelling unit.
63 (5)(4) The landlord is not responsible to the tenant under
64 this section for conditions created or caused by the negligent
65 or wrongful act or omission of the tenant, a member of the
66 tenant’s family, or a other person on the premises with the
67 tenant’s consent, including the removal or modification of any
68 safety features required under subsection (4) by the tenant, a
69 member of the tenant’s family, or a person on the premises with
70 the tenant’s consent.
71 (6) The requirements of subsection (4) do not apply to a
72 nontransient apartment as defined in s. 509.242(1)(d).
73 Section 2. Subsection (6) is added to section 509.211,
74 Florida Statutes, to read:
75 509.211 Safety regulations.—
76 (6)(a) If a public lodging establishment licensed as a
77 vacation rental has a water body within 150 feet of the rental
78 unit which is not a swimming pool, the licensee must ensure
79 that:
80 1. All doors and windows providing direct access to the
81 exterior of the rental unit are equipped with an exit alarm that
82 has a minimum sound pressure rating of 85 dB A at 10 feet; or
83 2. All doors providing direct access to the exterior of the
84 rental unit are equipped with a self-closing, self-latching
85 device with a release mechanism placed no lower than 54 inches
86 above the floor.
87 (b) If a public lodging establishment licensed as a
88 vacation rental has a swimming pool on its premises, the
89 licensee must ensure that the rental unit is equipped with at
90 least one pool safety feature as described in s. 515.27(1).
91 (c) The division may suspend or revoke the license and fine
92 the licensee for noncompliance with this subsection.
93 (d) A licensee who violates this subsection commits a
94 misdemeanor of the second degree, punishable as provided in s.
95 775.082 or s. 775.083, except that it is not a violation of this
96 subsection if:
97 1. The violation is due to the removal or modification of
98 any safety feature required under paragraph (a) or paragraph (b)
99 by a guest, a member of a guest’s family, or a person on the
100 premises of the rental unit with a guest’s consent;
101 2. Such removal or modification occurred without the
102 licensee’s knowledge; and
103 3. The licensee corrects the violation within 45 days after
104 receiving actual knowledge thereof.
105 (e) For the purposes of this subsection, the term:
106 1. “Swimming pool” has the same meaning as in s. 515.25.
107 2. “Vacation rental” has the same meaning as in s.
108 509.242(1)(c).
109 3. “Water body” means any water or body of water regularly
110 at a depth of at least 24 inches at its deepest point. The term
111 does not include underground water that cannot be accessed by
112 individuals from an access point located within 150 feet of the
113 rental unit.
114 (f) A public lodging establishment that is licensed as a
115 vacation rental which has a water body within 150 feet of the
116 rental unit or a swimming pool located on the premises must file
117 a certificate upon licensure and renewal stating that the rental
118 unit complies with the requirements of this subsection.
119 (g) The division shall adopt rules to implement this
120 subsection.
121 Section 3. This act shall take effect July 1, 2026.