Florida Statute 515.27 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 515
RESIDENTIAL SWIMMING POOL SAFETY ACT

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515.27 Residential swimming pool safety feature options; penalties.—

(1) In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet at least one of the following requirements relating to pool safety features:

(a) The pool must be isolated from access to a home by an enclosure that meets the pool barrier requirements of s. 515.29;

(b) The pool must be equipped with an approved safety pool cover;

(c) All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet;

(d) All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor; or

(e) A swimming pool alarm that, when placed in a pool, sounds an alarm upon detection of an accidental or unauthorized entrance into the water. Such pool alarm must meet and be independently certified to ASTM Standard F2208, titled “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared alarms. For purposes of this paragraph, the term “swimming pool alarm” does not include any swimming protection alarm device designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water.

(2) A person who fails to equip a new residential swimming pool with at least one pool safety feature as required in subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that no penalty shall be imposed if the person, within 45 days after arrest or issuance of a summons or a notice to appear, has equipped the pool with at least one safety feature as required in subsection (1) and has attended a drowning prevention education program established by s. 515.31. However, the requirement of attending a drowning prevention education program is waived if such program is not offered within 45 days after issuance of the citation.

History.—s. 1, ch. 2000-143; s. 14, ch. 2016-129.

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Amendments to 515.27

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 515.27

Level: Degree
Misdemeanor/Felony: First/Second/Third

S515.27 2 - PUBLIC ORDER CRIMES - FAIL TO USE AT LEAST ONE POOL SAFETY FEATURE - M: S

Cases Citing Statute 515.27

Total Results: 2 | Sort by: Relevance | Newest First

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Florida Bldg. Comm'n v. Florida Pool & Spa Ass'n, 871 So. 2d 936 (Fla. 1st DCA 2004).

Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 3938, 2004 WL 609300

...In section 515.23, Florida Statutes (2002), the Legislature stated its intent that prior to the issuance of a certificate of completion, “all new residential swimming pools, spas, and hot tubs [must] be equipped with at least one pool safety feature as specified in [section 515.27, Florida Statutes].” In 2001, the Legislature further provided that: [T]he Florida Building Code must provide uniform implementation of ss. 515.25, 515.27, and 515.29 by including standards and criteria for residential swimming pool barriers, pool covers, latching devices, door and window exit alarms, and other equipment required therein, which are consistent with the intent of s....

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Pisani v. Duffin, 909 So. 2d 920 (Fla. 4th DCA 2005).

Published | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 10483, 2005 WL 1560401

...oke up around 10:00 a.m. the children had drowned. The father of the children, Duf-fin, was appointed personal representative and brought this suit against the owner of the property, Pisani. One of plaintiffs theories was that the defendant violated section 515.27, Florida Statutes (2001), which went into effect on October 1, 2000. The statute requires that “all new residential swimming pools, spas and hot tubs” be equipped with at least one pool safety device specified in the statute. § 515.23. Violation of the statute constitutes a misdemeanor. § 515.27(2)....

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