Service Animals in Florida: Laws, Regulations, and Compliance

Service animals play a crucial role in the lives of individuals with disabilities, offering them assistance and enabling greater independence. In Florida, the laws and regulations surrounding service animals are designed to protect the rights of individuals with disabilities while also providing guidelines for public accommodations and housing. This report delves into the intricacies of Florida's service animal laws, the distinction between service animals and emotional support animals, and the compliance requirements for public accommodations and housing providers.

Definition and Rights of Service Animals

Under Florida Statute 413.08, a service animal is defined as an animal that is trained to perform tasks for an individual with a disability, including physical, sensory, psychiatric, intellectual, or other mental disabilities (Disability Rights Florida, n.d.). The law recognizes dogs and miniature horses as service animals and stipulates that these animals are not pets. The tasks performed by service animals may include, but are not limited to, guiding individuals who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties.

Florida law aligns with the federal Americans with Disabilities Act (ADA) in granting individuals with disabilities the right to be accompanied by their service animals in all public accommodations (Nolo, 2022). Public accommodations include hotels, restaurants, retail stores, hospitals, and more. Additionally, Florida Statute 413.08(8) extends rights to trainers of service animals, allowing them the same access to public facilities as individuals with disabilities accompanied by service animals.

Emotional Support Animals vs. Service Animals

While service animals are trained to perform specific tasks, emotional support animals (ESAs) provide comfort just by being with a person. Florida law offers some protection for ESAs in housing situations, mirroring the protections provided under the federal Fair Housing Act (Fla. Stat. § 760.27(2), 2022). However, ESAs do not have the same rights as service animals in public accommodations. For instance, ESAs are barred from entering bars and restaurants under the FDA Food Code and Florida Health Department rules (Nolo, 2022).

Housing Laws and Accommodations

Both service animals and ESAs are protected under Florida's housing laws. Landlords cannot refuse to rent to individuals with service animals or charge extra fees, except to cover damages caused by the animal (Fla. Stat. § 413.08(6), 2022). For ESAs, housing providers must make reasonable accommodations, but they can deny a request if the animal poses a direct threat to the safety or health of others.

Compliance and Penalties

Public accommodations in Florida must comply with both state and federal laws regarding service animals. Establishments cannot require documentation proving that an animal is trained or inquire about the nature of a person's disability. However, they can ask if the animal is a service animal required for a disability and what tasks the animal has been trained to perform. It is a second-degree misdemeanor in Florida to falsely claim that an emotional support animal or pet dog is a service dog (Nolo, 2022).

Service animals must be under control at all times, and public accommodations can exclude a service animal that poses a direct threat to health or safety or is not housebroken (ADA, 2010). Additionally, Florida Administrative Code 64E-9.004(4)(c) states that service animals, but not ESAs, are allowed in the fenced pool area or within 50 feet of an unfenced pool, but they are not permitted to enter the pool water (Florida Condo & HOA Law Blog, 2024).

Legal Developments and Courtroom Accommodations

The Florida Supreme Court has amended Rule 2.540 to allow for service and emotional support animals inside the courtroom, providing guidelines for their use (The Florida Bar News, 2023). This amendment reflects the evolving understanding and acceptance of the roles that these animals play in supporting individuals with disabilities.

Florida's laws on service animals and emotional support animals are designed to ensure that individuals with disabilities receive the support they need while maintaining public safety and health standards. Public accommodations and housing providers must be aware of these laws and comply with them to avoid discrimination claims and legal repercussions. As society continues to recognize the importance of service and emotional support animals, legal frameworks will likely continue to adapt to protect the rights of individuals with disabilities and their animal companions.

References

Disability Rights Florida. (n.d.). Florida Statute: Service Animals. Retrieved from https://disabilityrightsflorida.org/disability-topics/disabilitytopicinfo/service_animals

Nolo. (2022). Florida Laws on Service Dogs and Emotional Support Animals. Retrieved from https://www.nolo.com/legal-encyclopedia/florida-laws-on-service-dogs-and-emotional-support-animals.html

Florida Condo & HOA Law Blog. (2024, March 29). Can Emotional Support Animals Be Prohibited in the Pool Area? Retrieved from https://www.floridacondohoalawblog.com/2024/03/29/can-emotional-support-animals-be-prohibited-in-the-pool-area/

The Florida Bar News. (2023, March 23). Supreme Court amends rule to allow for service and emotional support animals inside the courtroom. Retrieved from https://www.floridabar.org/the-florida-bar-news/supreme-court-amends-rule-to-allow-for-service-and-emotional-support-animals-inside-the-courtroom/