One-Year-Old Drowns

They were, the home, including the pool was inspected in March and re-licensed in July.

But state statutes for fences around pools have changed since that home was originally licensed.

The Tallahassee home is licensed to provide childcare.

Thursday afternoon, owner Ann Allard called 911 to say she'd found her 14-month-old grandson's body in a hallway.

"Subsequent to investigation from the homicide assault unit, she changed her story and told what we believe is the truth at that point, that the child drowned in the pool," says Stewart Clendinen.

Allard said she found little Everton Hughes' body floating near the steps of her pool.

She thinks he slipped out an open sliding glass door and around a safety gate.

Current state statutes say swimming pools more than one foot deep shall have either a fence or barrier on all four sides, the exterior wall of the home does not constitute a fence or barrier. But the health department's Alex Mahon says in the past, homeowners could count one wall of a home as part of a fence.

"Actually the codes have changed and now they no longer allow you to use the home. So any new facility that comes on board will have to have a fence that goes around all four sides of the pool," explains Alex Mahon.

But previously-licensed facilities are grandfathered in.

For one grandmother, that's now a family tragedy.

Tallahassee police say their investigation continues, but it's too early to tell if there will be any criminal charges in the case.

The toddler's little body was autopsied this morning but results have not been released.

It has not been shut down by the health department, which regulates home day care centers.

Police couldn't tell us whether other children were in the home.