THE BILL ITSELF
HB 117
Residential Swimming Pool Requirements
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A bill to be entitled
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An act relating to residential swimming pool
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requirements; amending s. 515.27, F.S.; requiring
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swimming pools located on residential real property
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that is transferred or sold on or after a specified
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date to meet certain pool safety and pool barrier
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requirements; requiring home inspectors to report
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violations of the law to a local enforcement agency;
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amending s. 515.31, F.S.; conforming a cross-reference
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and making technical changes; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida: Section 1. Section 515.27, Florida Statutes, is amended to
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read:
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515.27 Residential swimming pool safety feature options;
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penalties.—
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(1) In order to pass final inspection and receive a
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certificate of completion, a residential swimming pool must meet
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at least one of the following requirements relating to pool
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safety features:
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(a) The pool must be isolated from access to a home by an
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enclosure that meets the pool barrier requirements of s. 515.29;
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(b) The pool must be equipped with an approved safety pool
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cover;
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(c) All doors and windows providing direct access from the
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home to the pool must be equipped with an exit alarm that has a
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minimum sound pressure rating of 85 dB A at 10 feet;
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(d) All doors providing direct access from the home to the
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pool must be equipped with a self-closing, self-latching device
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with a release mechanism placed no lower than 54 inches above
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the floor; or
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(e) A swimming pool alarm that, when placed in a pool,
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sounds an alarm upon detection of an accidental or unauthorized
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entrance into the water. Such pool alarm must meet and be
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independently certified to ASTM Standard F2208, titled "Standard
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Safety Specification for Residential Pool Alarms," which
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includes surface motion, pressure, sonar, laser, and infrared
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alarms. For purposes of this paragraph, the term "swimming pool
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alarm" does not include any swimming protection alarm device
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designed for individual use, such as an alarm attached to a
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child that sounds when the child exceeds a certain distance or
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becomes submerged in water.
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(2) A swimming pool, regardless of the year in which the
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pool was built, located on residential real property that is
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transferred or sold on or after October 1, 2026, must be
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equipped with at least one pool safety feature as required in
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subsection (1). A home inspector licensed under s. 468.8314 must
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report a violation of this subsection to a local enforcement
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agency as defined in s. 553.71. If the inspected pool safety
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feature is the pool barrier, it must meet all of the
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requirements in s. 515.29.
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(3)(2) A person who fails to equip a new residential
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swimming pool with at least one pool safety feature as required
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in subsection (1) or subsection (2) commits a misdemeanor of the
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second degree, punishable as provided in s. 775.082 or s.
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775.083, except that no penalty shall be imposed if the person,
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within 45 days after arrest or issuance of a summons or a notice
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to appear, has equipped the pool with at least one safety
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feature as required in subsection (1) or subsection (2) and has
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attended a drowning prevention education program established by
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s. 515.31. However, the requirement of attending a drowning
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prevention education program is waived if such program is not
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offered within 45 days after issuance of the citation.
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Section 2. Subsection (1) of section 515.31, Florida
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Statutes, is amended to read:
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515.31 Drowning prevention education program; public
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information publication.—
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(1) The department shall develop a drowning prevention
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education program. Such program must, which shall be made
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available to the public at the state and local levels and is
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which shall be required as set forth in s. 515.27(3) s.
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515.27(2) for persons in violation of the pool safety
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requirements of this chapter. The department may charge a fee,
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not to exceed $100, for attendance at such a program. The
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drowning prevention education program is to shall be funded
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using fee proceeds, state funds appropriated for such purpose,
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and grants. The department, in lieu of developing its own
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program, may adopt a nationally recognized drowning prevention
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education program to be approved for use in local safety
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education programs, as provided in rule of the department.
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Section 3. This act shall take effect July 1, 2026.