A Florida state lawmaker says he has been inspired to introduce legislation to improve pool safety standards at short-term rental homes statewide after watching a Scripps News investigation that examined drowning deaths in Florida and other parts of the country.
“Because of the fact that we have so many swimming pools and so many child drownings that were preventable, we also have a responsibility to be leading on drowning prevention and on swim safety,” said Sen. Carlos Guillermo Smith, a Democrat who represents a Florida district that includes vast portions of Orlando, a vacation hotspot.
Smith said safety at short-term rental homes has become a priority “after we saw some of [Scripps News’] investigative reporting on how these short-term rentals are now becoming a place where these child drownings are happening.”
Scripps News found at least 49 children have been involved in fatal and non-fatal drownings at short-term rental homes in Florida since 2021.
“It’s shocking,” said Smith. “We know that there’s a lack of awareness from Florida families and parents on how to prevent drowning deaths in their children, but it’s especially a problem - the lack of awareness - for people [visiting from] outside of the state of Florida who are not used to being around swimming pools or not used to being around bodies of water.”
Last legislative session, Smith introduced a similar bill aimed at bringing residential pools at newly sold or transferred homes up to the same safety standards required by the state’s Residential Swimming Pool Safety Act.
The Residential Swimming Pool Safety Act, enacted 25 years ago, requires pools built after the year 2000 to have at least one of five safety features in order to pass an inspection.
Those features include an exit alarm on doors and windows leading to the pool, a safety pool cover, a swimming pool water alarm, a self-latching device on doors leading to the pool, or a barrier fence that surrounds a swimming pool.
Smith’s bill, proposed alongside an identical House bill sponsored by Rep. Johanna López, a Democrat, would have impacted all residential pools regardless of when they were built.
But it failed.
Smith said he plans to reintroduce the legislation in addition to the new bill focused on short-term rental homes.
“We can’t let perfect be the enemy of the good,” said Smith. “If bringing all residential homes up to par that were built before the year 2000 is too heavy of a lift, let’s focus on where we’re seeing real problems, and we are seeing real problems in those short-term rentals,” he said.
A mother’s loss
Scripps News’ review of police reports and court filings in dozens of drowning incidents revealed many families simply did not see or hear their child slip out of sight during a vacation in a rented home.
Others pointed the finger at a lack of safety equipment or a faulty or missing fence around the pool.
In 2022, Laylani Carpio, 2, slipped beyond a mesh pool fence at the Airbnb her mother rented for a family vacation and accidentally drowned in the backyard pool.
“I miss her all the time,” said Laylani’s mother, Sugeiry Carpio. “Her hugs, her voice, her looking for me every day. Stuff like that.”
The family had been visiting the Orlando-area home after Carpio said she saved enough money to bring her children on a family vacation.
“I picked the house based on the location ... It wasn’t that far to Disney,” she said. “I did like it as well because of the pool.”
According to a sheriff's office report, family members said the children had been eating dinner in the backyard with their grandmother, but she eventually went inside “to throw away garbage.”
During the time her grandmother was away, Laylani got into the pool.
“Sometimes when people see this, they’re like, ‘Oh, you weren’t watching your kid,’ you know? But I definitely was watching my kid. It just – it was something that I couldn’t prevent as a mom, you know?” Carpio said.
Carpio is now suing multiple defendants affiliated with the home, including the short-term rental home manager and the short-term rental platform, Airbnb.
In a lawsuit, she claimed the mesh fence surrounding the pool was defective.
“The metal locking mechanism (latch) on the pool fence gate was also defective because it could easily and inadvertently be manually disarmed by mere touch,” the lawsuit said.
Airbnb filed a “motion to compel arbitration and stay proceedings or, alternatively, motion to dismiss” and argued the claims of wrongdoing were “insufficient.”
The company claimed there is no “factual support” to suggest that Airbnb had a “duty” to “inspect and investigate” the house or warn Laylani’s family of certain risks.
The vacation home manager said the fence was not defective and quoted from a family member’s 911 call that said, “no one was watching” Laylani when she fell in the pool.
Scripps News reached out to a spokesperson for Airbnb about the case, but they did not comment, on the record, on the specific incident, saying they could not comment on litigation.
Florida lawyer calls for change
While Smith fights for a new law, others say short-term rental companies have the power to require additional safety standards at vacation rental homes right now, regardless of legislation.
“They should be treated just like other commercial enterprises that have pools,” said Michael Haggard, a Florida personal injury attorney who has litigated multiple drowning-related cases. “It’s truly not that complicated, and it would save a lot of lives.”
Haggard suggested short-term rental companies could take more responsibility by requiring safety features like pool fences, door alarms, and rescue equipment to be installed at homes that are operating as businesses.
“I agree the host has obligations, but Airbnb does too. They’re partners in this,” he said. “These safety measures in drowning have been tried and tested for 50 years. I mean, we know how to do better.”
Haggard pointed to hotels and apartment complexes that follow building code regulations and commercial pool standards.
A Scripps News analysis of every child death report or summary published by Florida’s Child Abuse Death Review Committee found 11 child drowning deaths at Florida hotel pools since 2021, compared to 43 at short-term rental homes.
Short-term rental platforms respond
“Safety is a consideration for all types of lodging by water, and incidents on Airbnb are extremely rare,” an Airbnb spokesperson told Scripps News, indicating the company expects short-term rental hosts to follow local laws and regulations.
“[In August] we launched an in-app feature for guests booking accommodations near water, suggesting expert tips to follow and questions to ask their host before a stay. These efforts are part of our continued work with partners on education campaigns and initiatives like discounted pool fences for hosts to promote safety around water,” an Airbnb spokesperson said.
VRBO declined to comment, but the company’s standards indicate hosts must ensure their properties “meet all relevant building codes and safety requirements.”
