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Can a service dog enter a public pool area in Florida?

Can a service dog enter a public pool area in Florida?

Q: Can service dogs be allowed in pools?

Service dogs are typically not permitted in pool areas, especially in public pools, due to health regulations. For example, Florida law prohibits animals in fenced pool areas (Fla. Admin. Code r. 64E-9.004). Always check local health regulations to confirm the rules applicable to your area.

Q: Where is my service dog not allowed?

Service dogs are generally not allowed in places where their presence poses a direct threat to health or safety. This includes areas like operating rooms, certain food preparation areas, and swimming pools, as specified by local health regulations. Always verify with local laws and facility policies for specific restrictions.

Q: Do service dogs need to be on the ground?

Service dogs do not need to be on the ground at all times, but they must be under control. This means they can be in a carrier or on a lap if the person with the disability is unable to manage the dog otherwise. However, the dog must be able to perform its tasks when needed.

Q: Can I bring my service dog to the pool?

Bringing a service dog to a pool area is generally not allowed, especially in public pools, due to health regulations that prohibit animals in such areas (Fla. Admin. Code r. 64E-9.004). It's important to check local laws and regulations for specific guidance.

Full question:

Our Association has a club house and a fenced in pool. We have a member who insists on bringing his service dog, on his electric cart, into the pool area. He cannot walk, but is OK otherwise. Our pool is classified as a public pool by the county, not a private one. Florida law, in its health regulations chapter 64e-9.oo4 that animals are prohibited in a fenced in pool area.

Category: Animals
Date: 04/07/2025
State: Florida

Answer:

Florida's public health statutes and regulations take precedence over any private agreements. Therefore, regardless of what your condominium documents say about service dogs in the pool area, the Florida public health regulations govern its use. To resolve this issue, you should report the situation to local public health authorities and request enforcement of the regulation (64e-9.004) you mentioned, along with any other relevant laws. It's important to note that any citizen can report a public health violation; the unit owners' association is not required to take action on this matter.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can an hoa restrict service animals?

Homeowners' associations (HOAs) generally cannot restrict service animals. Under the Americans with Disabilities Act (ADA), service animals are defined as dogs trained to perform tasks for individuals with disabilities. However, HOAs may have rules about where animals can go, but these cannot override federal laws protecting service animals. It's essential to check both the ADA and any applicable state laws for specific guidance.

Can service dogs be in gyms?

Service dogs are allowed in gyms under the Americans with Disabilities Act (ADA), as they are considered working animals. However, gyms may have specific policies regarding where dogs can go within the facility. It's advisable to inform the gym management in advance to ensure compliance with both ADA regulations and any internal policies.