Florida has great weather. Many municipalities, cities, and counties have swimming pools in place for residents and visitors. Public swimming pools are a common fixture in cities and towns across Florida. A good questions was recently posted to me as follows:
Are Lifeguards required at Florida public swimming pools?
Pursuant to Rule 64E-9.008 – Supervision and Safety, “all owners, managers, lifeguards, or swimming instructors in charge of, or working at, public swimming pools shall be responsible for the supervision and safety of the pool.” The rule also states that “lifeguards or swimming instructors, if provided, shall be in full charge of persons using the pool and shall have authority to enforce all rules.”
The language of this rule leaves some wiggle room by using the phrase “if any”. The most logical interpretation of the rule points to a requirement that the pool be staffed with lifeguards. The Department of Health issues these rules and regulations. If there is a problem with a public pool and its safety measures, parents and caregivers should discuss this matter with the pool manager and / or the Department of Health. If there is a child injury resulting from the lack of supervision or negligent supervision at a public swimming pool or even private swimming pool, contact a Florida Child Injury Lawyer for consultation, advice, and legal representation.
For pools that are exempt from supervision or regulation in Florida, see Florida Statutes, Section 514.0115 – Exemptions from Supervision – Regulation – Variances.