Current Laws, Proposed Legislation, and What Homeowners Need to Know
Florida, known for its sunny weather and backyard pools, unfortunately also ranks among the highest states for child drownings in residential swimming pools. As a result, pool safety has always been a serious concern among legislators, parents, and safety advocates. One of the most critical layers of protection against accidental drownings is a physical barrier: the pool fence.
This article explores the existing laws surrounding pool fences in Florida, the proposed legislation that could further strengthen these requirements, and what it all means for current and future homeowners. We’ll also address common questions and provide guidance on how to make your pool area as safe as possible.
Why Pool Fences Are Vital for Drowning Prevention
The Danger of Unfenced Pools
Drowning is a silent killer. Unlike the dramatic splashing scenes portrayed in movies, real drownings often happen quickly and quietly. Children can slip into pools without making a sound, and within seconds, a tragedy can unfold. According to the Florida Department of Health, drowning is the leading cause of death for children under the age of 5 in the state.
Layers of Protection
Experts recommend multiple layers of protection to reduce the risk of accidental drownings:
- Adult supervision
- Door alarms and pool alarms
- Self-closing, self-latching doors and gates
- Pool covers
- Fences that meet safety standards
Among these, fences are the only passive barrier that physically prevents access to the pool area, making them one of the most effective safety tools available.
Existing Florida Law: The Residential Swimming Pool Safety Act
Overview of Chapter 515, Florida Statutes
Florida’s existing pool safety regulations are set forth in Chapter 515 of the Florida Statutes, also known as the Residential Swimming Pool Safety Act. Enacted in 2000, the law requires that any residential swimming pool built after October 1, 2000, must have at least one of several approved safety features:
- A barrier (fence) at least 4 feet high
- An approved pool safety cover
- Exit alarms on all doors and windows leading to the pool area
- Self-closing, self-latching doors with release mechanisms placed high enough to be out of a child’s reach
- A pool alarm that detects accidental or unauthorized access
Failure to meet these requirements results in a failed final inspection and legal liability for the homeowner.
Grandfathered Pools
Pools constructed before October 1, 2000, are not legally required to comply with the above safety features. However, if those pools are filled with water and accessible, homeowners can still be held liable under the “attractive nuisance doctrine” if a child is injured or drowns.
Whether your pool is new or old, Near Me Pools can help retrofit existing pools with modern safety barriers. We specialize in both permanent and removable pool fences customized for your property.
The 2025 Proposed Legislation: HB 93
Overview of House Bill 93
In 2025, Florida lawmakers introduced House Bill 93 (HB 93), aiming to strengthen pool safety laws across the state. The bill proposes a critical change: any residential swimming pool must comply with all current pool barrier requirements if the property is sold or transferred on or after October 1, 2025, regardless of the pool’s construction date.
Key Provisions of HB 93
- Retroactive Compliance: All pools—no matter when they were built—must meet modern safety standards upon property transfer.
- Trigger Event: The legal requirement is activated only when a home is sold or otherwise transferred.
- Barrier Requirements: The pool must meet all safety barrier requirements described in Florida Statutes 515.29, including fence height, gate specifications, and distance from the pool.
Legislative Status
As of May 3, 2025, the bill was withdrawn from consideration and did not become law during the 2025 legislative session. However, discussion is ongoing, and it’s likely that the bill or a similar version could be reintroduced in the next session.
What This Means for Homeowners
If You’re Not Selling Your Home
If you own a home with a pool and are not planning to sell or transfer the property, you are not required by HB 93 (or existing law) to upgrade your pool to meet current barrier standards—unless the pool was built after 2000, in which case current safety laws already apply.
However, even if it’s not legally required, it’s still strongly recommended to install a proper fence to protect children and reduce liability.
If You’re Selling After October 1, 2025
If HB 93 or a similar bill passes in the future, homeowners looking to sell or transfer their property after October 1, 2025, will be required to upgrade their pool safety features to meet all current legal requirements before closing the transaction. This includes:
- A fence that is at least 4 feet high
- Self-closing and self-latching gates
- A barrier that fully encloses the pool and separates it from the home and other access points
Pool Fence Requirements: What You Need to Know
Specifications for a Compliant Fence (Per Statute 515.29)
- Minimum height: 48 inches (4 feet)
- No gaps or openings greater than 4 inches
- Bottom of the fence must be no more than 2 inches from the ground
- Gate must open outward, be self-closing and self-latching
- Latch must be at least 54 inches from the ground or placed on the pool side of the gate
Approved Alternatives
In lieu of a physical fence, homeowners may choose from the following approved alternatives, as long as the safety features meet the standards outlined by Florida law:
- ASTM-approved safety pool covers
- Exit alarms on all doors and windows with pool access
- Self-closing, self-latching devices on doors leading to the pool
- Water surface alarms
Near Me Pools offers both fence installations and alternative safety options like alarms and covers. Call 954-478-8783 to find the best safety system for your home.
Why You Should Act Now—Even If Not Legally Required
Liability and Legal Risks
Even if you’re not legally required to install a fence, you could still be held responsible if a child gains access to your pool and is injured or drowns. Florida’s attractive nuisance doctrine holds property owners liable for features that pose a danger to children.
Safety First
Beyond legal implications, installing a pool fence is a responsible and potentially life-saving decision. It provides peace of mind, protects young children and pets, and significantly reduces the risk of accidental drownings.
Increased Property Value
Having a compliant pool barrier in place may increase your home’s value and make it more attractive to safety-conscious buyers. With potential laws like HB 93 looming on the horizon, buyers may even begin demanding compliance as a condition of purchase.
Frequently Asked Questions (FAQ)
Q: Is a pool fence legally required for every pool in Florida?
A: No. Only pools built after October 1, 2000, are required by Florida law to have at least one approved safety feature, which could include a pool fence.
Q: What happens if I don’t have a fence and my home was built after 2000?
A: Your pool must include at least one safety feature (like a fence, alarm, or cover) to pass inspection. Not complying can lead to fines and liability.
Q: What if my home has an older pool but I’m planning to sell in 2026?
A: If HB 93 or similar legislation passes, you will likely be required to bring your pool up to current safety standards before the sale is finalized.
Q: Can I use a removable fence?
A: Yes, removable mesh fences are allowed if they meet all height, spacing, and gate requirements under Florida law.
Q: Are pets considered when evaluating fence needs?
A: The law is primarily focused on protecting children, but pool fences can also help prevent pets from accidentally falling in.
Conclusion: Don’t Wait for the Law—Make Safety a Priority Today
While HB 93 has not yet become law, it sends a strong message: pool safety standards are evolving, and it’s only a matter of time before more stringent laws are enacted. For homeowners in Florida, installing a compliant pool fence is one of the most effective, responsible actions you can take to prevent tragedy and protect your investment.
Whether you’re a new homeowner, a seller preparing for future transactions, or someone looking to upgrade an older pool, now is the time to act. A pool fence isn’t just a legal checkbox—it’s a barrier between life and death.
For peace of mind, legal protection, and, most importantly, the safety of your loved ones, invest in a pool fence today.
Near Me Pools is here to help Florida families stay safe, compliant, and stress-free. Call us at 954-478-8783 to speak with a pool safety expert today.
