The short answer is yes. But there are a lot of caveats that go alongside that answer and your pool would either have to be in awful condition, or you would have to have drawn the ire of your neighbors. Let’s dig into how Florida law addresses unkempt pools as a public hazard, and some examples of Towns that took actions against homeowners.

What really governs this issue is Title XXIX Chapter 388 of the Florida Statutes: Mosquito Control. These statutes are especially struct if you live within what the state has deemed a “mosquito control zone”, though you may be liable outside of these areas as well. These zones are monitored and policed much more rigorously by the Florida Department of Agriculture and Consumer Services. You can get more information here on whether or not you live in a mosquito control district, but the vast majority of the state falls into this category.

The Mosquito Control Program of Florida governs standing, non-treated, non-draining water to mitigate mosquito breeding capabilities in residential areas. The program specifically states “The mosquito control district may not impose a fine on property owners who permit the accumulation of standing water on property located within the district. The district, however, may pursue a nuisance action against such property owners who fail to treat, remove, or abate the condition.”

A Florida woman in Dunedin was fined $100,000 for a dirty pool and overgrown grass. When do fines become excessive? – USA Today

Subsection 388.291 also provides: “Property owners in a developed residential area shall maintain their property in a manner that does not create or maintain any standing freshwater condition capable of breeding mosquitoes or other arthropods in significant numbers so as to constitute a public health, welfare, or nuisance problem.”

According to the language outlined, you are in violation of this act if you continue to fail to treat your pool to the point that mosquitos begin breeding in your pool water. You will have the courtesy of being notified and given the option to act before anything occurs. But what might your county do to you if you fail to act?

In Vero Beach the town council was having an issue with abandoned or unkempt properties failing to maintain their pools. Whether or not they were forclosed, or were second homes that weren’t maintained properly, the city gave notice and began to take action. “On Aug. 21, the council unanimously passed a new ordinance authorizing code enforcement to declare such pools a public nuisance by posting a Notice of Public Nuisance on the property that, if not remedied within a certain time frame, will allow the town to correct the violation itself and place a lien of the property for the costs involved in remedying the situation.”

You could see how this could easily spiral out of control for the homeowner on a legal and financial basis. But don’t be worried! Regular chlorine treatments of your pool are more than enough to make sure mosquitos don’t root in your pool. You would have to leave a pool untreated for months before the water was fresh enough for mosquitos to start laying their eggs.