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Article Courtesy of NEWS4JAX
By Bruce Hamilton
Published August 28, 2026
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Jacksonville attorney Millicent Daniels is calling attention to a critical gap
in Florida law after the deaths of two children with autism in neighborhood
retention ponds — and she says property owners, HOAs and parents all have roles
to play in preventing the next tragedy.
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Pools, retention ponds treated
differently
Daniels says Florida’s existing water safety laws simply
don’t go far enough when it comes to retention ponds.
“The state of Florida treats retention ponds differently
than pools,” she said. “Here, we have the Florida Safety
Act, which governs pools as related to gates, fencing,
alarms, covers on the pools. However, retention ponds, which
are just as dangerous — we find that retention ponds have
slippery edges and sudden drop-offs into water that’s deeper
than it appears.”
Daniels said the disparity creates a dangerous inconsistency
in neighborhoods.
“Literally you can have a community that has a gated pool
with a pool alarm, and right down the street, you have an
open retention pond with sudden drop-offs, which of course
is inherently dangerous,” she said.
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She praised Jacksonville City Councilman Reggie Gaffney for pushing the issue
forward and sparking a public conversation about fencing and gating requirements
around retention ponds.
Children with autism face heightened risks
Daniels said children with autism are disproportionately affected by drowning
tragedies, citing two specific behavioral traits that put them at greater risk.
“They have a high rate of elopement, which is essentially them suddenly leaving
safe spaces and wandering about. And we know that they have almost like a
magnetic attraction to bodies of water,” Daniels said.
She said the danger is compounded for nonverbal children who cannot call for
help.
“Even the nonverbal children, unfortunately, when they wander off and they get
to these bodies of water because of their nonverbal condition, they don’t even
have the ability to articulate needing help,” Daniels said. “So yeah, we’ve got
to do a better job in protecting our kids.”
Property owners can’t place blame on parents
Daniels pushed back on the notion that parents are solely responsible when a
child wanders toward a dangerous body of water.
“Kids are going to be kids,” she said. “They don’t have the level of — they’re
not able to anticipate danger or really be able to evaluate danger. And I think
the reality is this: parents and adults, it’s very difficult to keep your eyes
on your kids 100% of the time.”
She said property owners must take accountability, especially when they know
children live nearby.
“When they know that kids live on their property or they have access to these
retention ponds, swimming pools, spas in the community, then they need to do a
better job to make sure that there’s fencing and barriers around there — to make
sure that there are all kinds of safety features,” Daniels said.
What HOAs, property managers should do now
Daniels outlined concrete steps that HOAs and property managers can take
immediately, without waiting for legislation.
“Make sure that they regularly inspect those areas,” she said. “Definitely
consider going ahead and doing four-way fencing around the spas, around the
pools, around the retention ponds, and also include self-closing gates to make
sure they lock up. They need to maintain their logs and ... if they do have
barriers already around those areas, they need to go ahead and inspect them
regularly to see if they need to be repaired.”
Tips for parents of autistic children
Daniels also urged parents of children with autism to be proactive within their
own communities.
“Definitely notify your neighbors of your children being autistic so that they
can go ahead and be aware if the child wanders away,” she said. “And also, you
may want to go ahead and install alerts or alarms on your windows and doors to
ensure that if the child leaves, you’ll have audible notification that the child
is gone.”
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