Gavin Howe
Florida's service animal laws are designed to protect the rights of disabled individuals to have their service animals in public and housing accommodations. The Americans with Disabilities Act (ADA) defines a service animal as a dog trained to perform tasks for a person with a disability, and Florida law aligns with this definition, granting similar rights and protections. This means that service dogs are allowed anywhere their owner can go, including establishments open to the general public, with some exceptions. Florida law also prohibits misrepresentation of a pet or other animal as a service animal, with penalties including a fine of up to $500 and possible jail time. This article will explore the laws surrounding service animals in Florida, specifically in the context of apartment visits, and outline the rights of individuals with disabilities.
| Characteristics | Values |
|---|---|
| Definition of service animal | An animal trained to perform tasks directly related to the owner's disability |
| Service animal examples | Dogs, miniature horses |
| Definition of disability | Intellectual, physical, mental, sensory, or psychiatric disability |
| Applicable laws | Americans with Disabilities Act (ADA), Fair Housing Act (FHA), Florida Statute 413.08 |
| Landlord's responsibilities | Make reasonable modifications to accommodate service animals, waive pet policies and fees, allow access to common areas, provide accessible units |
| Tenant's responsibilities | Control the service animal with a harness, leash, or tether, or use voice commands or signals if unable to use physical restraints |
| Misrepresentation penalties | Second-degree misdemeanor, fine of up to $500, possible jail term of up to 60 days, 30 hours of community service |
| Emotional support animals | Not considered service animals under ADA but may have separate accommodations |
What You'll Learn
Service animal rights in Florida
Florida's service animal laws are influenced by both federal and state statutes, including the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). These laws protect the rights of individuals with disabilities to have their service animals in public and housing accommodations.
Public Accommodations
According to the ADA, service animals are defined as dogs—regardless of breed or size—that are individually trained to perform tasks for people with disabilities. Florida law aligns with the ADA but explicitly includes miniature horses in addition to dogs. Service animals can accompany their owners in most public spaces, including restaurants, theatres, hotels, grocery stores, hospitals, department stores, malls, health clubs, parks, zoos, and sporting facilities. They are also allowed on all public transportation systems, such as airlines, trains, buses, and taxi services.
Housing Accommodations
Florida's service animal law, codified at §413.08, provides even broader protections for disabled individuals in housing accommodations. The law grants equal and full access to housing for individuals with service dogs or other types of assistance animals. Landlords cannot refuse to rent or charge extra fees for tenants with service animals and must make reasonable modifications to accommodate them. This includes waiving "no-pet" policies, allowing access to common areas, and providing accessible units.
Misrepresentation of Service Animals
Florida has a strict legal stance against misrepresenting service animals to prevent abuse of disability support rules. Misrepresenting an animal as a service animal is a criminal offense and can result in penalties, including a fine of up to $500 and a possible jail term of up to 60 days.
In summary, Florida's service animal laws aim to protect the rights of individuals with disabilities, ensuring they can live and access public spaces with their service animals without facing discrimination.
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Landlord rights and obligations
In Florida, landlords are required to comply with both federal and state laws regarding service animals. These laws are in place to ensure that individuals with disabilities can benefit from the support of their service animals in their living environments without facing discrimination.
The Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) are the primary federal laws that govern service animal accommodations. The ADA defines a service animal as a dog trained to perform tasks directly related to an individual's disability, such as guiding the blind or alerting the deaf. Florida law aligns with the ADA, offering similar rights and protections, and also includes miniature horses as service animals.
Under the FHA, landlords must make reasonable accommodations for tenants with service animals, even in buildings with no-pet policies. This includes waiving pet deposits and fees, allowing service animals in common areas, and providing accessible housing units. Landlords cannot refuse to rent to individuals with disabilities who have service animals, charge extra fees, or impose restrictions on the use of service animals, such as requiring them to be muzzled or leashed.
In addition to federal laws, Florida state laws provide further protections for individuals with service animals. Florida Statute §413.08 prohibits misrepresenting a pet or other animal as a service animal, with penalties including a fine of up to $500 and a possible jail term of up to 60 days. This reflects the state's commitment to upholding the integrity of service animals and protecting the rights of individuals with disabilities.
It is important for landlords to understand their obligations under these laws and make the necessary modifications to accommodate tenants with service animals. By complying with these laws, landlords can help create an inclusive and supportive community for individuals with disabilities.
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Emotional support animals
In Florida, individuals with disabilities have the right to have their emotional support animals in both public and housing accommodations. This means that ESAs are allowed in most businesses that serve the public, such as restaurants, theatres, hotels, grocery stores, and public transportation. Service animals, on the other hand, are allowed to go anywhere their owner can go.
Under Florida law, landlords must make reasonable accommodations for tenants with emotional support animals. This includes waiving pet policies and fees, such as "pet rent". However, landlords can charge for any damage caused by the animal. It is important to note that landlords can evict an emotional support animal if it is not properly trained or if it disturbs or poses a threat to other tenants.
To qualify for protection under Florida's service animal law, individuals must have a recognized disability and a need for an emotional support animal that is directly related to their disability. Tenants may be asked to provide a letter from their therapist or mental health care provider to support their request for an ESA.
While Florida law protects the rights of individuals with emotional support animals, it also takes a strict stance against misrepresenting an animal as a service animal. Under Florida Statute 413.08, falsely representing a pet or other animal as an ESA is prohibited and can result in legal consequences, including a fine of up to $500 and a possible jail term of up to 60 days.
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Misrepresenting a service animal
Florida's service animal laws are designed to protect the rights of disabled individuals to have their service animals in public and housing accommodations. These laws are influenced by both federal and state statutes, including the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA).
The ADA defines a service animal as a dog trained to perform tasks for a person with a disability, and Florida law aligns with this definition, granting similar rights and protections. The FHA plays a crucial role in housing, prohibiting discrimination against individuals with disabilities and mandating reasonable accommodations for tenants with service animals, even in buildings with no-pet policies.
However, misrepresenting an animal as a service animal is a criminal offense in Florida. Under Florida Statute 413.08, it is strictly prohibited to falsely represent a pet or other animal as a service animal. This law upholds the integrity of service animals and ensures they can effectively assist individuals with legitimate disabilities. Violating this law can result in significant legal consequences, including being charged with a second-degree misdemeanor, which carries penalties of up to a $500 fine and a possible jail term of up to 60 days, along with 30 hours of community service.
Florida's strict legal stance against misrepresenting service animals aims to prevent abuse of disability support rules and maintain safety, health, and accessibility in condos and housing accommodations where genuine service animals are necessary. It is important for individuals to understand their rights and obligations under these laws to create an inclusive and supportive community for those with disabilities.
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Public accommodations
The Americans with Disabilities Act (ADA) requires state and local government agencies, businesses, and non-profit organizations that provide goods or services to the public to make "reasonable modifications" in their policies, practices, or procedures to allow service animals to accompany people with disabilities. This includes places of public accommodation, such as public and private universities.
Service animals are not considered pets but working animals trained to perform tasks related to a person's disability. The ADA defines a service animal as a dog that has been individually trained to perform tasks for a person with a disability. Emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA as they provide comfort by being with a person and are not trained to perform specific jobs or tasks. However, some state or local governments have laws that allow emotional support animals in public places.
In Florida, the ADA applies to housing programs administered by state and local governments and places of public accommodation. The Fair Housing Act, which applies to most types of housing, also covers housing under the ADA. Under the Fair Housing Act, tenants with a disability may have different rules regarding service animals.
Landlords in Florida cannot discriminate against tenants with disabilities and must allow service animals and emotional support animals into their rental properties, regardless of pet policies. Tenants must request a reasonable accommodation and provide supporting documentation if required by the landlord. Landlords may deny a request for a reasonable accommodation if it causes an undue burden, such as a substantial financial or administrative burden or a threat to the health and safety of others.
In most settings, a service animal will not fundamentally alter the situation. However, a business or state/local government can ask a person to remove their service animal if it is out of control and the handler cannot take effective action or if it is not housebroken.
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Frequently asked questions
A service animal is an animal that has been trained to perform specific tasks that are directly related to the owner's disability and help them with major life functions. Service animals are not considered pets.
Emotional support animals are not required to undergo any training and provide support for those with mental or emotional issues such as depression or anxiety. Service dogs, on the other hand, undergo extensive one-to-two-year training programs.
In Florida, landlords cannot refuse to rent to individuals with disabilities who have service animals, nor can they charge extra fees for these animals. Landlords must make reasonable modifications to their policies to accommodate service animals, such as waiving "no-pet" policies.
Misrepresenting a pet as a service animal in Florida is a criminal offense and can result in a fine of up to $500 and a jail term of up to 60 days.
Landlords can ask for proof that the service animal is "prescribed" by a medical professional. This is usually in the form of a letter from a doctor or therapist stating that the tenant has a disability that benefits from a service animal.
