Read the full stored bill text
Florida Senate
-
2026
SB 610
By
Senator Smith
17-00177B-26 2026610__
1 A bill to be entitled
2 An act relating to residential swimming pool
3 requirements; amending s. 515.27, F.S.; requiring that
4 swimming pools located on residential real property
5 that is transferred or sold on or after a specified
6 date meet certain pool safety requirements; requiring
7 a seller of such property to disclose whether the pool
8 meets such requirements before the transfer or sale;
9 requiring that pool barriers meet certain
10 requirements; providing construction; amending s.
11 515.29, F.S.; requiring that swimming pools located on
12 residential real property that is transferred or sold
13 on or after a specified date meet certain pool barrier
14 requirements; requiring a seller of such property to
15 disclose whether the pool meets such requirements
16 before the transfer or sale; providing construction;
17 amending s. 515.31, F.S.; conforming a cross
18 reference; making technical changes; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 515.27, Florida Statutes, is amended to
24 read:
25 515.27 Residential swimming pool safety feature options;
26 penalties.—
27 (1) In order to pass final inspection and receive a
28 certificate of completion, a residential swimming pool must meet
29 at least one of the following requirements relating to pool
30 safety features:
31 (a) The pool must be isolated from access to a home by an
32 enclosure that meets the pool barrier requirements of s. 515.29;
33 (b) The pool must be equipped with an approved safety pool
34 cover;
35 (c) All doors and windows providing direct access from the
36 home to the pool must be equipped with an exit alarm that has a
37 minimum sound pressure rating of 85 dB A at 10 feet;
38 (d) All doors providing direct access from the home to the
39 pool must be equipped with a self-closing, self-latching device
40 with a release mechanism placed no lower than 54 inches above
41 the floor; or
42 (e) A swimming pool alarm that, when placed in a pool,
43 sounds an alarm upon detection of an accidental or unauthorized
44 entrance into the water. Such pool alarm must meet and be
45 independently certified to ASTM Standard F2208, titled “Standard
46 Safety Specification for Residential Pool Alarms,” which
47 includes surface motion, pressure, sonar, laser, and infrared
48 alarms. For purposes of this paragraph, the term “swimming pool
49 alarm” does not include any swimming protection alarm device
50 designed for individual use, such as an alarm attached to a
51 child that sounds when the child exceeds a certain distance or
52 becomes submerged in water.
53
(2)
A swimming pool, regardless of the year in which it was
54
built, located on residential real property that is transferred
55
or sold on or after October 1, 2026, must be equipped with at
56
least one pool safety feature as required in subsection (1). A
57
seller of such residential real property shall disclose to the
58
prospective buyer whether the pool is equipped with at least one
59
pool safety feature as required in subsection (1) before the
60
transfer or sale. If the pool safety feature is the pool
61
barrier, it must meet all of the requirements in s. 515.29.
62
(3)
(2)
A person who fails to equip a
new
residential
63 swimming pool with at least one pool safety feature as required
64 in subsection (1)
or subsection (2)
commits a misdemeanor of the
65 second degree, punishable as provided in s. 775.082 or s.
66 775.083, except that no penalty shall be imposed if the person,
67 within 45 days after arrest or issuance of a summons or a notice
68 to appear, has equipped the pool with at least one safety
69 feature as required in subsection (1)
or subsection (2)
and has
70 attended a drowning prevention education program established by
71 s. 515.31. However, the requirement of attending a drowning
72 prevention education program is waived if such program is not
73 offered within 45 days after issuance of the citation.
74
(4)
T
his section
may not be construed to prevent
a local
75
government from imposing
additional
reporting
requirements to
76
those specified in this section.
77 Section 2. Subsections (6) and (7) are added to section
78 515.29, Florida Statutes, and subsection (1) of that section is
79 republished, to read:
80 515.29 Residential swimming pool barrier requirements.—
81 (1) A residential swimming pool barrier must have all of
82 the following characteristics:
83 (a) The barrier must be at least 4 feet high on the
84 outside.
85 (b) The barrier may not have any gaps, openings,
86 indentations, protrusions, or structural components that could
87 allow a young child to crawl under, squeeze through, or climb
88 over the barrier.
89 (c) The barrier must be placed around the perimeter of the
90 pool and must be separate from any fence, wall, or other
91 enclosure surrounding the yard unless the fence, wall, or other
92 enclosure or portion thereof is situated on the perimeter of the
93 pool, is being used as part of the barrier, and meets the
94 barrier requirements of this section.
95 (d) The barrier must be placed sufficiently away from the
96 water’s edge to prevent a young child or medically frail elderly
97 person who may have managed to penetrate the barrier from
98 immediately falling into the water.
99
(6)
A swimming pool, regardless of the year in which it was
100
built, located on residential real property that is transferred
101
or sold on or after October 1, 2026, must meet all of the pool
102
barrier requirements in subsection (1). A seller of such
103
residential real property shall disclose to the prospective
104
buyer whether the pool meets all of the pool barrier
105
requirements in subsection (1) before the transfer or sale.
106
(7) This section may not be construed to prevent a local
107
government from imposing
additional
reporting requirements
to
108
those specified in this section.
109 Section 3. Subsection (1) of section 515.31, Florida
110 Statutes, is amended to read:
111 515.31 Drowning prevention education program; public
112 information publication.—
113 (1) The department shall develop a drowning prevention
114 education program
. Such program must
, which shall
be made
115 available to the public at the state and local levels and
is
116
which shall be
required as set forth in
s. 515.27(3)
s.
117
515.27(2)
for persons in violation of the pool safety
118 requirements of this chapter. The department may charge a fee,
119 not to exceed $100, for attendance at such a program. The
120 drowning prevention education program shall be funded using fee
121 proceeds, state funds appropriated for such purpose, and grants.
122 The department, in lieu of developing its own program, may adopt
123 a nationally recognized drowning prevention education program to
124 be approved for use in local safety education programs, as
125 provided in rule of the department.
126 Section 4. This act shall take effect July 1, 2026.