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Florida family pushes for pool safety reform after daughter's drowning death

Published  May 7, 2025 9:10pm EDT
Orange County
FOX 35 Orlando
Family pushes for pool safety reform after daughter's drowning

Family pushes for pool safety reform after daughter's drowning

The family of 5-year-old Thamar Esperance is calling for stricter pool safety laws after she drowned in an unfenced construction-site pool.

The Brief

    • The family of 5-year-old Thamar Esperance is calling for stricter pool safety laws after she drowned in an unfenced construction-site pool in Apopka in 2021.
    • They recently settled a $10.5 million lawsuit and are now urging lawmakers to enforce existing codes and pass new protections.
    • Florida leads the nation in child drownings, with heightened risks for children with special needs.

APOPKA, Fla. - The family of 5-year-old Thamar Esperance is calling for stricter pool safety laws after she drowned in an unfenced construction-site pool in Central Florida.

'This was an easily preventable accident'

What we know:

In 2021, Thamar drowned after wandering into an unfenced, water-filled pool under construction near her family's home in Apopka, Florida. Her family later filed a lawsuit against the construction company responsible, citing code violations. 

The case was recently settled for $10.5 million. Now, Thamar’s parents are advocating for stricter enforcement of existing pool safety laws and new legislation to protect children — particularly those with special needs — from similar tragedies.

What we don't know:

It remains unclear how widespread the issue of unfenced construction-site pools is in Florida or how often such violations go unpunished. 

The backstory:

Thamar was described by her parents as a bright, loving child who had autism and required additional supervision. 

"Thamar was our first and our last baby girl," explained Betchine Amilcar, Thamar's mother.

Her death occurred within seconds, according to family attorney Michael Haggard. "This is a violation of the law and local codes," he said.

The tragedy was deemed preventable, with the family and their legal team arguing the lack of fencing violated local safety codes. Though the family reached a financial settlement, they have since shifted their focus to public advocacy, turning their loss into a push for policy change.

Big picture view:

Florida leads the nation in child drowning deaths, an issue exacerbated by the state’s large number of residential pools and ongoing construction in suburban neighborhoods. Safety laws requiring protective barriers around pools already exist, but enforcement is often inconsistent. Advocates argue the risk is even greater for children with special needs, who may be more likely to wander or misinterpret danger.

What they're saying:

On Wednesday, the family stood outside the department of health to push for change. Amilcar said, "We stand here today for her and make sure no family goes through this again."

Attorneys say the risk is even higher for children with special needs and warn that without action, more families could face the same devastating loss.

"This was an easily preventable accident. It should’ve never happened," Haggard said. "This was a matter of seconds when this occurred."

As the family grieves, they are channeling pain into purpose, hoping their daughter’s legacy saves others.

"We have peace knowing other companies will learn what happened, and all pools are covered by a fence," Amilcar added.

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The Source: This story was written based on information shared by the family of 5-year-old Thamar Esperance and their attorney, Michael Haggard.

Orange CountyApopkaCrime and Public Safety