Water-filled swimming pools must be maintained in a sanitary condition and must be protected with an effective swimming pool barrier. State law requires property owners to maintain barriers if there is water in the pool. Note also that Florida has an “attractive nuisance” doctrine (F.S. 823.08) that holds property owners responsible for a child’s injuries if the child suffered an injury by a feature or object on the owner’s premises that is likely to attract children.
The Residential Swimming Pool Safety Act (Chapter 515, Florida Statutes) requires pool safety measures. It is the intent of the Legislature that all new residential swimming pools, spas, and hot tubs be equipped with at least one pool safety feature. For more information about Safety Barrier Guidelines for Pools, including required dimensions and specifications of barriers, please review the U.S. Consumer Product Safety Commission’s Consumer Safety Brochure about barriers required by section 515.31(2) Florida Statutes: