History

• Drowning was the number one cause of death in Florida prior to the Swimming Pool Safety Act of Florida 2001. The purpose of this act was to implement mandatory pool safety features that protect, even when there is a short lapse in direct supervision. The law mandated that all new pools, hot tubs and spas require a minimum of one safety feature.
  
  

Significance

• The Swimming Pool Safety Act of Florida 2001 was designed and approved to contain costs of drowning in the state, which were mounting. These costs included health care, legal expenses, the cost of lifetime treatment for those with brain injuries from being underwater for too long, and the loss of lifetime productivity.
  
  

Safety Features

• The law requires that all pools have at least one of the safety features: (1) the pool must be inside an enclosure that is a minimum of four feet high. There cannot be any gaps or holes that would allow a small child to climb under or over. The enclosure cannot be used to replace any fence and it must not be situated near the edge of the water. (2) The ladders or stairs that allow access to the water must be locked and secured. If this is not possible, then they must be removed. (3) Gates or doors must open away from the pool and must close and latch on their own. (4) The pool must have an approved cover that meets safety standards. (5) Any opening, including windows or doors, that allow any access to the pool from the home must have an exit alarm that meets safety standards.
  
  

Warning

• Florida pool owners who do not provide a minimum of one safety feature will be charged with a second degree misdemeanor. If the person then equips the pool with the proper safety features within 45 days and has proof for the authorities, and attends a swimmer's safety class, any charges will be dropped.
  
  

Sales Documents

• Pool sellers must provide all Florida pool buyers documents that clearly explain the expectations of pool ownership that meet the criteria of the Swimming Pool Safety Act of Florida 2001. This must include information on how to prevent drowning accidents and about the responsibilites that come with owning a pool.