Senate Bill 568 (2025) — Swimming safety
SB 568
Florida Bills
Florida Senate - 2025 SB 568 By Senator Rodriguez 40-00601-25 2025568__ Page 1 of 16 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to swimming safety; providing a short 2 title; creating s. 514.0731, F.S.; providing 3
definitions; prohibiting organizations from granting 4 water access at public bathing places or public 5 swimming pools to certain children without first being 6 provided specified information; requiring 7 organizations to provide specified personal flotation 8 devices to certain children; providing an alternative 9 to providing children with personal flotation devices; 10 requiring organizations to properly fit certain 11 children with personal flotation devices that the 12 organization provides; providing exceptions; providing 13 penalties for violations; authorizing public bathing 14 places and public swimming pools to refuse water 15 access to certain children whose parents or legal 16 guardians have not provided specified information; 17 authorizing public bathing places and public swimming 18 pools to loan or rent for use specified personal 19 flotation devices for certain purposes; requiring 20 public bathing places and public swimming pools to 21 prominently display a certain sign describing water-22 related dangers; authorizing the Department of Health 23 to adopt rules; revising the title of ch. 515, F.S.; 24 designating ss. 515.21 through 515.37, F.S., as
part I 25 of ch. 515, F.S., entitled “Residential Swimming Pool 26 Safety Act”; amending ss. 515.21, 515.23, 515.25, 27 515.31, 515.33, 515.35, and 515.37, F.S.; conforming 28 provisions to changes made by the act; creating
part 29
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 2 of 16 CODING: Words stricken are deletions; words underlined are additions. II of ch. 515, F.S., entitled “Open Water Safety”; 30 creating s. 515.41, F.S.; providing a
short title; 31 creating s. 515.42, F.S.; providing legislative 32 intent; creating s. 515.43, F.S.; providing 33
definitions; creating s. 515.44, F.S.; requiring 34 certain counties and municipalities to create pilot 35 programs to install drowning prevention stations at 36 high-risk public water access areas; providing 37 specifications regarding the locations of such 38 drowning prevention stations; specifying information 39 that each participating county and municipality must 40 provide to the Department of Environmental Protection 41 by a specified date; requiring the department to 42 submit a final report to the Governor and Legislature; 43 providing contents of the report; creating s. 515.45, 44 F.S.; encouraging local governments to implement 45 sponsorship programs with businesses to help fund 46 drowning prevention stations; specifying uses for such 47 funds; creating s. 515.46, F.S.; requiring the 48 department to coordinate a public awareness campaign 49 dealing with water safety during implementation of the 50 pilot program; creating s. 515.47, F.S.; authorizing 51 the department to adopt rules; amending s. 1003.225, 52 F.S.; requiring parents or legal guardians of students 53 with autism to provide specified information regarding 54 water safety and swimming certifications to the 55 child’s public school annually; providing an effective 56 date. 57 58
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 3 of 16 CODING: Words stricken are deletions; words underlined are additions. Be It Enacted by the Legislature of the State of Florida: 59 60
Section
Section 2 of this act may be cited as the 61 “Kareem Angel Green Autism Drowning Prevention Act.” 62
Section
Section 514.0731, Florida Statutes, is created 63 to read: 64 514.0731 Child water safety requirements.— 65
(1) As used in this section, the term: 66 (a) “Child” means a person 12 years of age or younger or a 67 person diagnosed with autism, as that term is defined in s. 68 393.063, who is 18 years of age or younger. 69 (b) “Organization” means a summer day camp, a summer camp 70 having children in full-time residence, a school, a preschool, a 71 kindergarten, a nursery school, or a child care center or 72 arrangement that provides child care for more than five children 73 unrelated to the operator and that receives a payment, fee, or 74 grant for any of the children receiving care, wherever operated 75 and whether or not operated for profit.
The term does not 76 include: 77 1. A residential boarding school that allows an employee, a 78 family member of an employee, or a guest of an employee to use a 79 body of water at the school for recreational purposes. 80 2. Any child-placing agency, family foster home, or 81 residential child-caring agency as those terms are defined in s. 82 409.175(2). 83 3. A child care facility licensed under s. 402.305. 84 (c) “Public swimming pool” has the same meaning as in s. 85 514.011 but does not include a wading pool, which is a pool that 86 contains a public interactive water feature or fountain, with a 87
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 4 of 16 CODING: Words stricken are deletions; words underlined are additions. maximum water depth of no more than 18 inches. 88 (2)(
a) An organization may not allow water access at a 89 public bathing place or public swimming pool to any child who is 90 in its care or supervision without first requiring the parent or 91 legal guardian to provide to the organization one of the 92 following: 93 1. A certification from the American Red Cross, the 94 Y.M.C.A., or other nationally recognized aquatic training 95 program certifying the child’s swimming proficiency; 96 2. A written attestation signed by the parent or legal 97 guardian that the child is able to swim proficiently; or 98 3.
A written waiver signed by the parent or legal guardian 99 acknowledging that the child is unable to swim or is at risk of 100 injury when swimming. The waiver must release the organization 101 from responsibility if the child is injured or drowns as a 102 result of the child’s inability to swim proficiently. 103 (
b) An organization may refuse water access to a child 104 whose parent or legal guardian has not provided the required 105 documentation. 106 (3)(
a) Except as provided in subsection (4), the 107 organization must provide each child who is unable to swim or is 108 at risk of injury when swimming as acknowledged by a parent or 109 legal guardian in subparagraph (2)(a)3. one of the following: 110 1. For a public bathing place, a Type II United States 111 Coast Guard-approved personal flotation device in the color of 112 international orange; or 113 2. For a public swimming pool, a Type II or Type III United 114 States Coast Guard-approved personal flotation device. 115 (
b) In lieu of providing personal flotation devices, the 116
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 5 of 16 CODING: Words stricken are deletions; words underlined are additions. organization may determine whether the public bathing place or 117 public swimming pool has a supply of the appropriate United 118 States Coast Guard-approved personal flotation devices for use 119 by each child who is not proficient in swimming. However, a 120 public bathing place or public swimming pool is not required to 121 keep a supply of personal flotation devices for use by the 122 organization. 123 (
c) The organization must properly fit and fasten to a 124 child any personal flotation device that the organization 125 provides. 126
(4) An organization is not required to provide a child with 127 a personal flotation device as required under subsection (3) if 128 the child is actively participating in swimming instruction or a 129 swimming competition and the organization ensures that the child 130 is supervised during the instruction or competition. 131
(5) An organization licensed or regulated by the state 132 which violates this
section or rules adopted under this
section 133 may be subject to disciplinary action, including, but not 134 limited to, the imposition of an administrative penalty by the 135 Department of Health. 136 (6)(
a) A public bathing place or public swimming pool may 137 refuse water access to a child who comes to a bathing place or 138 swimming pool if the parent or legal guardian does not first 139 provide one of the following documents: 140 1. A certification of the child’s swimming proficiency from 141 the American Red Cross, the Y.M.C.A., or other nationally 142 recognized aquatic training program; 143 2. A written attestation that the child is able to swim 144 proficiently; or 145
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 6 of 16 CODING: Words stricken are deletions; words underlined are additions. 3. A written signed waiver acknowledging that the child is 146 unable to swim or is at risk of injury or death when swimming. 147 (
b) A public bathing place or public swimming pool may 148 offer to loan or rent for use by children whose parents or legal 149 guardians have signed the written waiver: 150 1. For a public bathing place, a Type II United States 151 Coast Guard-approved personal flotation device in the color of 152 international orange. 153 2. For a public swimming pool, a Type II or Type III United 154 States Coast Guard-approved personal flotation device. 155
(7) Each public bathing place and public swimming pool must 156 prominently display a sign near the check-in area which 157 describes the dangers of water and swimming pools to children. 158 The sign should include information provided in “12 Things 159 Parents of Children with Autism Need to Know About Drowning 160 Prevention” from the Autism Society of Florida. 161
(8) The department may adopt rules necessary to implement 162 this section. 163
Section 3.
Chapter 515, Florida Statutes, entitled 164 “Residential Swimming Pool Safety Act,” is renamed “Swimming 165 Pool and Public Water Safety Act.” 166
Section 4. Sections 515.21 through 515.37, Florida 167 Statutes, are designated as
part I of
chapter 515, Florida 168 Statutes, and entitled “Residential Swimming Pool Safety Act.” 169
Section
Section 515.21, Florida Statutes, is amended to 170 read: 171 515.21
Short title.—This
part
chapter may be cited as the 172 “Preston de Ibern/McKenzie Merriam Residential Swimming Pool 173 Safety Act.” 174
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 7 of 16 CODING: Words stricken are deletions; words underlined are additions.
Section
Section 515.23, Florida Statutes, is amended to 175 read: 176 515.23 Legislative findings and intent.—The Legislature 177 finds that drowning is the leading cause of death of young 178 children in this state and is also a significant cause of death 179 for medically frail elderly persons in this state, that constant 180 adult supervision is the key to accomplishing the objective of 181 reducing the number of submersion incidents, and that when 182 lapses in supervision occur a pool safety feature designed to 183 deny, delay, or detect unsupervised entry to the swimming pool, 184 spa, or hot tub will reduce drowning and near-drowning 185 incidents.
In addition to the incalculable human cost of these 186 submersion incidents, the health care costs, loss of lifetime 187 productivity, and legal and administrative expenses associated 188 with drownings of young children and medically frail elderly 189 persons in this state each year and the lifetime costs for the 190 care and treatment of young children who have suffered brain 191 disability due to near-drowning incidents each year are 192 enormous.
Therefore, it is the intent of the Legislature that 193 all new residential swimming pools, spas, and hot tubs be 194 equipped with at least one pool safety feature as specified in 195 this
part chapter. It is also the intent of the Legislature that 196 the Department of Health be responsible for producing its own or 197 adopting a nationally recognized publication that provides the 198 public with information on drowning prevention and the 199 responsibilities of pool ownership and also for developing its 200 own or adopting a nationally recognized drowning prevention 201 education program for the public and for persons violating the 202 pool safety requirements of this
part chapter. 203
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 8 of 16 CODING: Words stricken are deletions; words underlined are additions.
Section
Section 515.25, Florida Statutes, is amended to 204 read: 205 515.25
Definitions.—As used in this
part chapter, the term: 206 (1) “Approved safety pool cover” means a manually or power-207 operated safety pool cover that meets all of the performance 208 standards of the American Society for Testing and Materials 209 (ASTM) in compliance with standard F1346-91. 210 (2) “Barrier” means a fence, dwelling wall, or nondwelling 211 wall, or any combination thereof, which completely surrounds the 212 swimming pool and obstructs access to the swimming pool, 213 especially access from the residence or from the yard outside 214 the barrier. 215 (3) “Department” means the Department of Health. 216 (4) “Exit alarm” means a device that makes audible, 217 continuous alarm sounds when any door or window which permits 218 access from the residence to any pool area that is without an 219 intervening enclosure is opened or left ajar. 220 (5) “Indoor swimming pool” means a swimming pool that is 221 totally contained within a building and surrounded on all four 222 sides by walls of or within the building. 223 (6) “Medically frail elderly person” means any person who 224 is at least 65 years of age and has a medical problem that 225 affects balance, vision, or judgment, including, but not limited 226 to, a heart condition, diabetes, or Alzheimer’s disease or any 227 related disorder. 228 (7) “Outdoor swimming pool” means any swimming pool that is 229 not an indoor swimming pool. 230 (8) “Portable spa” means a nonpermanent structure intended 231 for recreational bathing, in which all controls and water-232
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 9 of 16 CODING: Words stricken are deletions; words underlined are additions. heating and water-circulating equipment are an integral part of 233 the product and which is cord-connected and not permanently 234 electrically wired. 235 (9) “Public swimming pool” means a swimming pool, as 236 defined in s. 514.011(2), which is operated, with or without 237 charge, for the use of the general public; however, the term 238 does not include a swimming pool located on the grounds of a 239 private residence. 240 (10) “Residential” means situated on the premises of a 241 detached one-family or two-family dwelling or a one-family 242 townhouse not more than three stories high. 243 (11) “Swimming pool” means any structure, located in a 244 residential area, that is intended for swimming or recreational 245 bathing and contains water over 24 inches deep, including, but 246 not limited to, in-ground, aboveground, and on-ground swimming 247 pools; hot tubs; and nonportable spas. 248 (12) “Young child” means any person under the age of 6 249 years. 250
Section 8. Subsection (1) of
section 515.31, Florida 251 Statutes, is amended to read: 252 515.31 Drowning prevention education program; public 253 information publication.— 254
(1) The department shall develop a drowning prevention 255 education program, which shall be made available to the public 256 at the state and local levels and which shall be required as set 257 forth in s. 515.27(2) for persons in violation of the pool 258 safety requirements of this
part chapter. The department may 259 charge a fee, not to exceed $100, for attendance at such a 260 program. The drowning prevention education program shall be 261
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 10 of 16 CODING: Words stricken are deletions; words underlined are additions. funded using fee proceeds, state funds appropriated for such 262 purpose, and grants. The department, in lieu of developing its 263 own program, may adopt a nationally recognized drowning 264 prevention education program to be approved for use in local 265 safety education programs, as provided in rule of the 266 department. 267
Section
Section 515.33, Florida Statutes, is amended to 268 read: 269 515.33 Information required to be furnished to buyers.—A 270 licensed pool contractor, on entering into an agreement with a 271 buyer to build a residential swimming pool, or a licensed home 272 builder or developer, on entering into an agreement with a buyer 273 to build a house that includes a residential swimming pool, must 274 give the buyer a document containing the requirements of this 275
part
chapter and a copy of the publication produced by the 276 department under s. 515.31 that provides information on drowning 277 prevention and the responsibilities of pool ownership. 278
Section
Section 515.35, Florida Statutes, is amended to 279 read: 280 515.35 Rulemaking authority.—The department shall adopt 281 rules pursuant to the Administrative Procedure Act establishing 282 the fees required to attend drowning prevention education 283 programs and setting forth the information required under this 284
part
chapter to be provided by licensed pool contractors and 285 licensed home builders or developers. 286
Section
Section 515.37, Florida Statutes, is amended to 287 read: 288 515.37 Exemptions.—This
part
chapter does not apply to: 289
(1) Any system of sumps, irrigation canals, or irrigation 290
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 11 of 16 CODING: Words stricken are deletions; words underlined are additions. flood control or drainage works constructed or operated for the 291 purpose of storing, delivering, distributing, or conveying 292 water. 293
(2) Stock ponds, storage tanks, livestock operations, 294 livestock watering troughs, or other structures used in normal 295 agricultural practices. 296
(3) Public swimming pools. 297
(4) Any political subdivision that has adopted or adopts a 298 residential pool safety ordinance, provided the ordinance is 299 equal to or more stringent than the provisions of this
part 300 chapter. 301
(5) Any portable spa with a safety cover that complies with 302 ASTM F1346-91 (Standard Performance Specification for Safety 303 Covers and Labeling Requirements for All Covers for Swimming 304 Pools, Spas and Hot Tubs). 305
(6) Small, temporary pools without motors, which are 306 commonly referred to or known as “kiddie pools.” 307
Section 12.
Part II of
chapter 515, Florida Statutes, 308 consisting of ss. 515.41-515.47, Florida Statutes, is created 309 and entitled “Open Water Safety.” 310
Section
Section 515.41, Florida Statutes, is created to 311 read: 312 515.41
Short title.—This part may be cited as the “Open 313 Water Safety Act.” 314
Section
Section 515.42, Florida Statutes, is created to 315 read: 316 515.42 Legislative findings and intent.—The Legislature 317 finds that drowning is a leading cause of accidental death in 318 the state, particularly in open water environments. The 319
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 12 of 16 CODING: Words stricken are deletions; words underlined are additions. Legislature further finds that the installation of life-saving 320 equipment, including life-saving ring buoys and drowning 321 prevention stations, significantly reduces the risk of drowning. 322 It is the intent of the Legislature to ensure that all public 323 water access areas are equipped with life-saving equipment to 324 enhance public safety and save lives. 325
Section
Section 515.43, Florida Statutes, is created to 326 read: 327 515.43
Definitions.—As used in this part, the term: 328 (1) “Department” means the Department of Environmental 329 Protection. 330 (2) “Drowning prevention station” means a publicly 331 accessible station equipped to provide immediate assistance in 332 water emergencies. A drowning prevention station shall include 333 life-saving ring buoys, support posts, and signage and may 334 include: 335 (
a) SMART technology capable of alerting 911 when a life-336 saving ring buoy is deployed. 337 (
b) Audible alarms to notify nearby individuals of an 338 emergency. 339 (
c) Cameras and GPS tracking to assist emergency 340 responders. 341 (3) “Public water access areas” means beaches or lakefronts 342 with public access providing swimmable open waters. 343 (4) “SMART technology” includes equipment with features 344 such as 911 alert systems, audible alarms, cameras, and GPS 345 tracking to enhance emergency response. 346
Section
Section 515.44, Florida Statutes, is created to 347 read: 348
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 13 of 16 CODING: Words stricken are deletions; words underlined are additions. 515.44 Pilot program and phased implementation.— 349
(1) No later than October 1, 2025, each county with a 350 population greater than 250,000 and each municipality with a 351 population greater than 100,000 as estimated by the Office of 352 Economic and Demographic Research on April 1, 2025, shall create 353 and oversee a pilot program to install drowning prevention 354 stations at high-risk public water access areas.
For purposes of 355 this subsection, the term “high-risk public water access areas” 356 means public water access areas within the county or 357 municipality at which drownings or swimming emergency events 358 have occurred or are occurring at a rate higher than in other 359 public water access areas within that county or municipality. 360
(2) Each location must, at a minimum, contain one type of 361 drowning prevention station and each station must be placed at 362 least every 1,000 feet along the shoreline of the high-risk 363 public water access areas. 364
(3) Each participating county and municipality must provide 365 the following information to the department no later than 366 December 1, 2025: 367 (
a) The number of high-risk public water access areas the 368 county or municipality included in its pilot program. 369 (
b) An identification of the type of drowning prevention 370 stations that were set up at each high-risk public water access 371 area. 372 (
c) The number of drownings or swimming emergency events 373 that occurred at each high-risk public water access area for 374 each month for the 2 years before the start of the pilot 375 program. 376 (
d) The number of drownings or swimming emergency events 377
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 14 of 16 CODING: Words stricken are deletions; words underlined are additions. that occurred at each high-risk public water access area for 378 each month during the pilot program. 379 (
e) The number of times the drowning prevention stations 380 were used during the pilot program. 381 (4)(
a) The department must submit to the Governor, the 382 President of the Senate, and the Speaker of the House of 383 Representatives a final report that: 384 1. Summarizes the results of the pilot program within each 385 participating county and municipality. 386 2. Describes a phased implementation plan to expand the 387 program statewide if the pilot program demonstrates that the 388 addition of drowning prevention stations prevented drownings or 389 assisted during swimming emergency events. The phased 390 implementation plan must also include public water access areas 391 located within the jurisdiction of the state for installation of 392 drowning prevention stations. 393 (
b) If the department provides recommendations for a phased 394 implementation plan, the phased implementation plan must: 395 1. Consider the ability and necessity of the rural counties 396 and municipalities to set up drowning prevention stations. 397 2. Provide recommended distances, expressed in linear feet, 398 that each drowning prevention station should be from the next 399 drowning prevention station along a shoreline. 400 3. Determine whether drowning prevention stations should be 401 set up at every public water access area or only at high-risk 402 public water access areas. 403
Section
Section 515.45, Florida Statutes, is created to 404 read: 405 515.45 Local business sponsorship program.— 406
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 15 of 16 CODING: Words stricken are deletions; words underlined are additions.
(1) Each county and municipality that participates in the 407 pilot program is encouraged to implement a sponsorship program 408 to allow businesses to fund drowning prevention stations in 409 exchange for advertising space at the stations. 410
(2) Funds generated from sponsorships must be used for the 411 installation, maintenance, and operation of the stations. 412
Section
Section 515.46, Florida Statutes, is created to 413 read: 414 515.46 Public awareness campaign.—During implementation of 415 the pilot program, the department must coordinate a public 416 awareness campaign to educate the public on water safety, the 417 use of drowning prevention equipment, and the meaning of beach 418 safety flags. 419
Section
Section 515.47, Florida Statutes, is created to 420 read: 421 515.47 Rulemaking authority.—The department may adopt rules 422 to implement this part. 423
Section 20. Subsection (2) of
section 1003.225, Florida 424 Statutes, is amended to read: 425 1003.225 Water safety and swimming certification.— 426 (2)(
a) Beginning with the 2022-2023 school year, each 427 public school shall provide, to a parent who initially enrolls 428 his or her child in the school, information on the important 429 role water safety education courses and swimming lessons play in 430 saving lives. The information must be provided electronically or 431 in hard copy and must include local options for age-appropriate 432 water safety courses and swimming lessons that result in a 433 certificate indicating successful completion, including courses 434 and lessons offered for free or at a reduced price. If the 435
Florida Senate - 2025 SB 568 40-00601-25 2025568__ Page 16 of 16 CODING: Words stricken are deletions; words underlined are additions. student is 18 years of age or older, or is under the age of 21 436 and is enrolling in adult education classes, the information 437 must be provided to the student. 438 (
b) Beginning with the 2025-2026 school year, the parent or 439 legal guardian of each student who has been diagnosed with 440 autism, as that term is defined in s. 393.063, regardless of the 441 level of diagnosis, must provide information electronically or 442 in hard copy related to water safety and swimming certifications 443 to the child’s public school on an annual basis. 444