Florida Senate - 2026 SB 658 By Senator Burgess 23-00372A-26 2026658__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to water safety requirements for the 2 rental of residential property; amending s. 83.51, 3 F.S.; requiring a landlord to equip certain rental 4 properties with specified water safety features; 5 providing criminal penalties; providing an exception; 6 defining the terms “swimming pool” and “water body”; 7 amending s. 509.211, F.S.; requiring a public lodging 8 establishment licensed as a vacation rental to equip 9 certain rental units with specified water safety 10 features; providing criminal penalties; providing an 11 exception; defining terms; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16

Section 1. Present subsection (4) of

section 83.51, Florida 17 Statutes, is redesignated as subsection (5) and amended, and a 18 new subsection (4) is added to that section, to read: 19 83.51 Landlord’s obligation to maintain premises.— 20 (4)(

a) At all times during a tenancy, if there exists 21 within 150 feet of the dwelling unit a water body or a swimming 22 pool, the landlord must ensure that either: 23 1. All doors and windows providing direct access to the 24 exterior of the dwelling unit or to an indoor swimming pool 25 within the dwelling unit are equipped with an exit alarm that 26 has a minimum sound pressure rating of 85 dB A at 10 feet; or 27 2.

All doors providing direct access to the exterior of the 28 dwelling unit or to an indoor swimming pool within the dwelling 29 Florida Senate - 2026 SB 658 23-00372A-26 2026658__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. unit are equipped with a self-closing, self-latching device with 30 a release mechanism placed no lower than 54 inches above the 31 floor. 32 (

b) A landlord who violates this subsection commits a 33 misdemeanor of the second degree, punishable as provided in s. 34 775.082 or s. 775.083, except that it is not a violation of this 35 subsection if: 36 1. The violation is due to the removal or modification of 37 any safety feature required by paragraph (

a) by the tenant, a 38 member of the tenant’s family, or a person on the premises with 39 the tenant’s consent; 40 2. Such removal or modification occurred without the 41 landlord’s knowledge; and 42 3. The landlord corrects the violation within 45 days of 43 receiving actual knowledge thereof. 44 (

c) For the purposes of this subsection: 45 1. “Swimming pool” has the same meaning as in s. 515.25. 46 2. “Water body” means any water or body of water regularly 47 at a depth of at least 24 inches at its deepest point. However, 48 the term does not include underground water that cannot be 49 accessed by individuals from an access point located within 150 50 feet of the dwelling unit. 51

(5) The landlord is not responsible to the tenant under 52 this

section for conditions created or caused by the negligent 53 or wrongful act or omission of the tenant, a member of the 54 tenant’s family, or a other person on the premises with the 55 tenant’s consent, including the removal or modification of any 56 safety features required by subsection (4) by the tenant, a 57 member of the tenant’s family, or a person on the premises with 58 Florida Senate - 2026 SB 658 23-00372A-26 2026658__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. the tenant’s consent. 59

Section 2. Subsection (6) is added to

section 509.211, 60 Florida Statutes, to read: 61 509.211 Safety regulations.— 62 (6)(

a) If a public lodging establishment licensed as a 63 vacation rental has within 150 feet of the rental unit a water 64 body or a swimming pool, the licensee must ensure that: 65 1. All doors and windows providing direct access to the 66 exterior of the rental unit or to an indoor swimming pool within 67 the rental unit are equipped with an exit alarm that has a 68 minimum sound pressure rating of 85 dB A at 10 feet; or 69 2. All doors providing direct access to the exterior of the 70 rental unit or to an indoor swimming pool within the rental unit 71 are equipped with a self-closing, self-latching device with a 72 release mechanism placed no lower than 54 inches above the 73 floor. 74 (

b) A licensee who violates this subsection commits a 75 misdemeanor of the second degree, punishable as provided in s. 76 775.082 or s. 775.083, except that it is not a violation of this 77 subsection if: 78 1. The violation is due to the removal or modification of 79 any safety feature required by paragraph (

a) by a guest, a 80 member of a guest’s family, or a person on the premises of the 81 rental unit with a guest’s consent; 82 2. Such removal or modification occurred without the 83 licensee’s knowledge; and 84 3. The licensee corrects the violation within 45 days of 85 receiving actual knowledge thereof. 86 (

c) For the purposes of this subsection: 87 Florida Senate - 2026 SB 658 23-00372A-26 2026658__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. 1. “Swimming pool” has the same meaning as in s. 515.25. 88 2. “Vacation rental” has the same meaning as in s. 89 509.242(1)(c). 90 3. “Water body” means any water or body of water regularly 91 at a depth of at least 24 inches at its deepest point. However, 92 the term does not include underground water that cannot be 93 accessed by individuals from an access point located within 150 94 feet of the rental unit. 95

Section 3. This act shall take effect July 1, 2026. 96