Those with service dogs are protected by Florida and federal law, and people with other forms of support animals are also protected.
People with disabilities may bring their service animals to all “public accommodations,” such as restaurants, museums, hotels, and businesses, under Florida law and the federal Americans with Disabilities Act (ADA). These rules also compel transportation providers to accept service animals.
Although Florida law and the ADA vary in several respects, public facilities in Florida are required to comply with both sets of rules, and their customers have the right to rely on whichever legislation affords the greatest safeguards. Continue reading to find out which animals qualify as service animals, which public accommodations must accept them, and other information.
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In Florida, what animals qualify as service animals?
The service animal statute in Florida pertains to animals that have been taught to conduct labor or duties for someone who has a physical, mental, psychiatric, sensory, or intellectual handicap. The task performed by the animal must be directly connected to the person’s impairment. An animal, for example, may give stability and balance to someone with limited mobility, may alert someone with hearing loss to noises, or may prevent someone with a mental disorder from engaging in self-destructive or harmful behavior. Only service dogs and miniature horses have access to public establishments. This restriction does not apply to housing; other sorts of animals may be covered. (Florida Statute 413.08 (2022).)
A service animal is defined under the ADA as a dog that has been specifically taught to do duties or labor for the benefit of a person with a handicap. (A miniature horse may also qualify as a service animal under the ADA in specific situations.) The animal’s responsibilities or labor must be directly tied to the person’s impairment.
Neither rule applies to pets or what some refer to as “emotional support animals,” which are animals that give a feeling of safety, companionship, and comfort to those who have mental or emotional disorders or conditions. Although these animals are often therapeutic, they are not specifically taught to do particular duties for their humans. Owners of public establishments are not obligated by the ADA or Florida law to allow emotional support animals, only service animals (including psychiatric service dogs).
In Florida, which public accommodations must allow service animals?
The state of Florida’s service animal statute applies to public transit, hotels, timeshares, amusement parks, resorts, and any other facility where the public is welcomed. You are welcome to bring your service animal into any of these locations. (413.08(1)(c) (2022) Fla. Stat.
The definition of public accommodations under the ADA is rather wide. It includes the following:
hotels and other types of accomodation
public transportation terminals, depots, and stations restaurants and other locations that sell or rent food and beverages
any place of public meeting, such as an auditorium or convention center places of amusement and exhibition, such as theaters or sports stadiums
Recreational facilities, such as zoos and parks, libraries, museums, and other locations where artifacts are gathered or shown publicly educational institutions, and social service centers.
Service Animal Guidelines
A public accommodation cannot charge you a fee for bringing your service animal. Even if the institution normally requires a pet deposit, you may not be compelled to pay one for your service animal. The institution may, however, force you to pay for any damage your animal causes.
Your pet must be under your command. Unless your handicap or the task your animal undertakes precludes the use of these items, the animal must wear a collar and leash (or other tether). In this case, the animal must be restrained by other techniques, such as vocal orders or signs.
An institution cannot demand you to produce proof that your animal is trained, nor may it inquire about your impairment. It may, however, inquire if your animal is a service animal necessary for your impairment, as well as inquire about the task the animal has been taught to do.
If your service animal presents a direct danger to the health or safety of others, a public accommodation is not compelled to allow it to stay. If your service dog, for example, is snarling and lunging at other customers and you are unable to control the behavior, the dog may be forced to leave. A service animal that is not housebroken or is out of control may also be denied admission.
Housing for Service Animals in Florida
People with disabilities who have service dogs or other support animals are entitled to full and equal access to housing under Florida’s service animal statute. Your landlord cannot charge you more for having a service animal, but you are responsible for any harm your service animal causes to the property or another person (Fla. Stat. 413.08(6) (2022).)
The federal Fair Housing Act permits housing facilities to include service dogs and animals if essential for a person with a handicap to utilize and enjoy the house. To be eligible for this provision, you must have a handicap and a disability-related need for the animal. To qualify, the animal must labor, provide duties or services, or lessen the emotional impact of your impairment. (For further information, see the Department of Housing and Urban Development’s service animal advice.)
Housing for Emotional Support Animals in Florida
Florida passed legislation in 2020 mandating housing providers to offer reasonable accommodations for persons with emotional support animals. The statute forbids housing discrimination “to the degree allowed by federal law.” (Florida Statute 760.27(2) (2022).)
An emotional support animal is defined by the legislation as “an animal that does not need training to accomplish work, execute activities, give help, or provide therapeutic emotional support by virtue of its presence, alleviating one or more recognized symptoms or consequences of a person’s impairment.” (Florida Statute 760.27(1)(a) (2022).) The state legislation mimics the federal Fair Housing Act’s provisions for those with emotional support animals.