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Aquamara

Vacation home with a private pool: what Florida law requires

By Daniel Dourado
Updated

Short answer

Every new residential pool in Florida needs at least one safety feature listed in Chapter 515 to pass final inspection: a barrier, an approved cover, door and window alarms, self-closing doors or a pool alarm. At Aquamara, Pulte told the City of Davenport that the homes come with a private pool and a screen enclosure.

What do Aquamara's public records say about pools?

At the Davenport Planning Commission hearing on March 16, 2026, Pulte said the homes come with pools and that they all come with a screen enclosure (Planning Commission minutes).

The same hearing produced a unanimous recommendation for the PUD amendment that became Ordinance 1442. The request was to add pools and reduce the required pool setbacks, allowing the screen enclosure at the lot line. Per the minutes, the reduced setback applies only to the townhomes, not the single-family homes (Ordinance 1442).

Pools at Aquamara: what official records show (as of November 14, 2026)
ItemStatusSource
Private screened poolStated by Pulte at a public hearingMinutes, March 16, 2026
Reduced pool setbackTownhomes onlyMinutes, March 16, 2026; Ord. 1442
Pool size and safety featureNot announced yet—
Heating and spaNot announced yet—

The ordinance PDFs I read are agenda versions with blank signature lines. Ordinance 1442 shows a printed second-reading date of April 6, 2026, but I have not read City Commission minutes confirming the final vote.

Sources: City of Davenport, Planning Commission minutes, March 16, 2026 · City of Davenport, Ordinance 1442

Which safety features does Florida Statute 515 require?

The Residential Swimming Pool Safety Act is the rule that matters most for a vacation home pool. To pass final inspection, a new residential pool must have at least one of the following (F.S. 515.27):

  • a pool barrier meeting F.S. 515.29;
  • an approved safety cover;
  • exit alarms on every door and window with direct access to the pool, sounding at 85 dB A at 10 feet;
  • self-closing, self-latching doors with the release at least 54 inches above the floor;
  • a pool alarm meeting ASTM F2208.

A violation is a second-degree misdemeanor. The penalty can be waived if the feature is installed within 45 days and the responsible person completes a drowning-prevention course.

When you buy new construction, the builder picks the feature used to pass inspection. Ask which one, because it shapes how the house runs with guests, for example whether door alarms need to stay on when families with small children check in.

Sources: Florida Statutes 515.27 (2026)

Does a short-term rental still count as "residential"?

For the home types in a resort like Aquamara, the definition fits. Chapter 515 defines "residential" as a one- or two-family dwelling or a one-family townhouse no more than three stories high, and it excludes pools on the grounds of a private residence from the definition of a public pool (F.S. 515.25).

There is no carve-out for vacation rentals. A single-family home or a two-story townhome falls under the residential definition, so the safety-feature rule applies.

Sources: Florida Statutes 515.25 (2026)

Is a vacation rental pool public or private for the Department of Health?

There is no clear official answer, and saying so beats guessing. Chapter 514 defines a "private pool" as one used only by an individual, a family, or living unit members and their guests (F.S. 514.011). Read literally, a pool used by one group of guests at a time looks like a private pool.

But the statute does not address vacation rentals directly, and I found no official Florida Department of Health (DOH) position on it. Not confirmed: whether DOH treats a vacation home's private pool as private. Check with the Florida DOH office in Polk County before you rely on it.

The community pool is a different case. HOA pools are exempt from DOH supervision, apart from water quality, only if they serve 32 units or fewer and are not operated as public lodging (F.S. 514.0115). A clubhouse pool in a resort of more than a thousand homes used by guests likely falls outside that exemption. That is an inference from the statute, not something DOH has confirmed.

Sources: Florida Statutes 514.011 (2026) · Florida Statutes 514.0115 (2026)

Did the 2026 legislative session change pool rules for vacation rentals?

No. Three 2026 bills would have added pool safety requirements specific to vacation rentals: CS/SB 658, its companion SB 608, and HB 79. All three died in session (SB 658; HB 79). As of November 14, 2026, no new requirement is in force through those bills.

Similar bills can come back in a later session, so it is worth checking again before closing. I also did not review the pool barrier chapter of the Florida Building Code or any Davenport pool ordinance; the builder and the city are the right sources for those.

Sources: Florida Senate, CS/SB 658 (2026) · Florida Senate, HB 79 (2026)

Aquamara

How Aquamara fits

Based on what Pulte said at the hearing, Aquamara homes come with a screened private pool, and the setback amendment shows townhomes were planned with pools too. Floor plans, pool sizes and each model's safety feature have not been announced yet. See what is known about Aquamara homes and townhomes and the planned Aquamara amenities.

For a sense of what nearby resorts offer today, browse Daniel's vacation homes near Disney and his Pulte Davenport pre-launch page. To see floor plans and pricing first, join the Aquamara VIP list.

Frequently asked questions

Do all vacation homes near Disney have private pools?

No, it varies by community. For Aquamara, Pulte said at a public hearing that the homes come with a pool and screen enclosure; model-by-model details have not been announced.

Is a screen enclosure enough to meet the safety law?

The law lists a barrier, a cover, alarms and self-closing doors as options, and the builder chooses which one it installs to pass inspection. Ask Pulte which feature each home gets; I have not confirmed whether a screen enclosure alone counts as a barrier.

Do I need a Health Department permit for my home's pool?

There is no published official position on private pools at vacation rentals. Chapter 514 points toward a private pool, but that is not confirmed; ask the Florida DOH office in Polk County.

Why does the pool setback change apply only to townhomes?

The minutes do not give a reason. They only record that the reduced setback applies to the townhomes and not to the single-family homes.

Published . Updated . For information only; not legal, accounting or tax advice.

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