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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 tenanc
y, if a water body that
30
is not a swimming pool exists within 150 feet of the dwelling
31
unit, th
e 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
ha
s
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 des
cribed 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
:
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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.
T
he 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 p
ublic 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, t
he 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 ha
s
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 des
cribed in s. 515.27
(1).
91
(c)
The
division
may suspend or revoke the license
and fine
92
the licensee
for noncompliance with this s
ubs
ection.
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
premise
s
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.
T
he 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.