Florida Laws on Service Dogs and Emotional Support Animals

Service animals are more than beloved pets—they're trained companions that can provide aid to people with physical and mental disabilities. Many people are familiar with seeing-eye dogs that alert blind people to obstacles in their path, but there are other types of service and emotional support animals that can help their owners navigate difficult environments and social situations.

Federal and state statutes govern what types of animals have special protection as assistants for disabled people, along with when and where they're allowed to be in public spaces and in housing. If you're a Florida resident with a service dog or emotional support animal—or you're thinking about getting one—it's important to understand your rights and obligations under accessibility laws.

Federal and State Laws on Service Dogs or Emotional Support Animals

Under both Florida law and the federal Americans with Disabilities Act (ADA), people with disabilities can bring their service animals to all "public accommodations," including restaurants, museums, hotels, and stores. These laws also require public transportation services, like trains, buses, and subways, to allow service animals.

Florida law and the ADA differ in some ways, but public accommodations in Florida must comply with both sets of laws, and if you're disabled, you're entitled to rely on whichever law provides the most protections. Additionally, Florida laws also offer people with disabilities some protection covering their emotional support animals.

What's the Difference Between a Service Dog and an Emotional Support Animal?

Under the ADA, service animals are defined as dogs—and only dogs, no matter what breed or size—that are individually trained to perform tasks for people with disabilities. For example, a golden retriever who reminds somebody with dementia to take their medication would be considered a service dog under the ADA, as would a standard poodle who alerts others when its epileptic owner is having a seizure. Florida law defines "service animal" similarly to the federal ADA, although the statute explicitly includes miniature horses in addition to dogs. (Fla. Stat. § 413.08 (2024).)

Although miniature horses aren't service animals under the ADA definition, in some cases, public places may need to accommodate horses in the same way they do service dogs. Factors that public places can take into account to decide whether they need to allow a miniature horse include:

• the type, size, and weight of the horse
• whether the facility can accommodate the horse
• whether the handler has sufficient control of the horse
• whether the horse is housebroken, and
• whether the presence of the horse puts the legitimate safe operations of the facility at risk.

The ADA doesn't provide a definition for "emotional support animal" (ESA), meaning that people with non-specifically trained animals aren't entitled to ADA accommodations (more on this below). However, the state of Florida defines an emotional support animal as " an animal that does not require training to do work, perform tasks, provide assistance, or provide therapeutic emotional support by virtue of its presence, which alleviates one or more identified symptoms or effects of a person's disability."(Fla. Stat. § 760.27 (2024).) People with emotional support animals have certain housing protections in Florida, even if they aren't covered by the ADA.

Psychiatric service dogs—such as a border collie who conducts room checks for a veteran with PTSD or gently wakes them from a nightmare—are considered service animals under the ADA because they are trained to perform a specific task. This is how they differ from emotional support dogs, who aren't specifically trained.

What Documentation Requirements Are Needed for Service Dogs or Emotional Support Animals?

You might be surprised to learn that under the ADA, owners of service dogs aren't required to provide certification that the animals have been trained, nor do they have to wear vests identifying them as service dogs. You can be asked whether your dog is a service animal required because of a disability, and you can be asked what type of tasks the animal has been trained to perform, but you aren't required to show documentation that your dog is a service animal or have the dog perform the task it's trained to do.

Unlike some other states, Florida law doesn't require that you identify your dog as a service animal by wearing a vest or special leash. But the penalties for falsely claiming that your pet or emotional support animal is a service dog under the ADA are steep. Florida considers this violation to be a second-degree misdemeanor, which can result in 60 days imprisonment or a $500 fine (in addition to 30 hours of community service) if convicted.

Where Can I Bring My Service Dog?

Legitimate service dogs are allowed pretty much anywhere their owner can go. Both the federal ADA and state Florida laws allow service animals to be admitted into most "public accommodations." Under both statutes, the definition of "public accommodations" is quite broad, including most businesses that serve the public. That means you can bring your trained dog or miniature horse into the following places:

You can bring your service dog into any establishment in Florida that is open to the general public, but state law and the ADA do require that service dogs be under the control of their handlers. Specifically, this means that in order to be allowed into a public establishment, your dog must be harnessed, leashed, or tethered, unless you're unable to use such devices (in which case you must maintain control over your dog with voice commands or other effective signals). So if you're at a restaurant and you're unable to stop your service dog from growling and lunging at other diners, the restaurant staff has the right to ask you to remove the dog.

Both Florida law and the ADA prohibit public establishments from charging a fee, deposit, or surcharge on somebody entering a public accommodation. If fees are typically required of all patrons with pets, it must be waived for the service animal. (Remember that emotional support animals aren't considered service animals, so if the venue allows pets with a fee, as an owner of an ESA, you don't have a right to have the payment waived.)

Where You Can and Can't Bring Your Emotional Support Animal in Florida

Because emotional support animals aren't specifically trained to perform a task, they have fewer protections under both federal and Florida state laws. The biggest difference is that ESAs, unlike service dogs, aren't required to be admitted into places of public accommodation. So if you try to bring your ESA into a library, for example, the library is allowed to prevent you from entering with the animal—something the library isn't allowed to do to people with service dogs.

When it comes to places where food is served, the state of Florida has adopted the federal 2017 FDA Food Code, which generally prohibits all non-service animals from restaurants. But Florida statute carves out an exemption for local governments to issue permits for restaurants that permit dogs in designated outdoor areas. (Fla. Stat. § 509.233 (2024).) Keep in mind that this only applies to dogs, however—your neighborhood bistro doesn't have to serve you if you bring an emotional support iguana, even if you're seated outside.

Many bars, breweries, wineries, and taprooms advertise themselves as pet friendly—and if they've obtained the proper outdoor food service permit, they should be golden. But current Florida law still prevents all non-service dogs from coming inside to these establishments. Enforcement of this law can be spotty, though, and highly dependent on individual county health departments. For example, a pub in Orlando that hosted dog-focused events made news when it was issued a cease and desist order from the Orange County health department, while other bars might fly under the radar. Regardless, it's a good idea to save your favorite watering hole from a potentially costly legal battle by leaving your non-service pup at home.

Housing Accommodations for Service Dogs and Emotional Support Animals

While ESAs don't have much more legal protections than pets do as far as public accommodations go, as the owner of an ESA, you do have certain rights when it comes to private residences. Under both the federal nondiscrimination Fair Housing Act and Florida statutes, housing providers (such as landlords) must make a "reasonable accommodation" for "assistance animals," which include both service dogs and ESAs.

What's Considered a Reasonable Accommodation for My ESA?

The Fair Housing Act requires a landlord or homeowner's association to provide reasonable accommodations for disabled people so that they have an equal opportunity to "enjoy and use" a dwelling. Reasonable accommodations can include making an exception to a broadly applicable no-pet policy or waiving a pet deposit.

What Can My Landlord Require of My ESA?

When receiving a reasonable accommodation request, your housing provider can't ask you questions about what type of disability you have, but if your disability isn't "readily apparent," they are allowed to ask you for documentation that supports your need for the accommodation. (Fla. Stat. § 760.27 (2024).) Somebody who is identifiably blind, for example, shouldn't be asked to provide results of a vision test before getting permission to keep their seeing-eye dog in an otherwise no-pets-allowed building.

If your disability isn't readily apparent, however, your landlord or housing provider is allowed to request "reliable information" that "reasonably supports" your disability. Examples of supportive information can include:

• a determination of disability or receipt of disability benefits from any federal, state, or local government agency (such as Social Security or the VA)
• proof of eligibility for housing assistance or a housing voucher received because of a disability, or
• information from your doctor, counselor, therapist, or other health care practitioner (as long as they've seen you in person at least once).

Along similar lines, if your disability-related need for an emotional support animal isn't readily apparent, your housing provider is also allowed to request reliable information that reasonably supports your need for the particular emotional support animal being requested. For example:

• a note from your doctor confirming your need for the emotional support animal
• proof that you're complying with animal licensing and vaccination requirements, or
• if requesting more than one ESA, information regarding the specific need for each animal.

Note that any kind of emotional support animal "registration" (such as an ID card, patch, or certificate obtained from the internet) is not, on its own, enough to establish that you have a disability-related need for an ESA.

Flying With Your Service Animal

The Air Carrier Access Act (ACAA) makes it illegal for airlines to discriminate against disabled passengers. In January of 2021, the section of ACAA regarding animal air transportation was amended as a response to a reported increase in incidents of emotional support animal misbehavior. Since then, the ACAA no longer considers ESAs to be service animals, and airlines are therefore allowed to treat them as pets.

The ACAA definition of service animal mirrors that of the ADA. Service animals are dogs, regardless of breed or type, that are individually trained to do work or perform tasks for the benefit of a qualified individual with a physical, sensory, mental, or intellectual disability.

Species other than dogs, emotional support animals, and comfort or companionship animals are considered pets rather than service dogs, and subject to each individual airline's pet policy. For more information, read our article on flying with service animals.

Can I Bring My Emotional Support Animal to Work in Florida?

Under the ADA, employers must provide reasonable accommodations for disabled employees, provided that the accommodation doesn't pose an undue hardship or direct threat to others. According to the Equal Employment Opportunity Commission (EEOC), allowing service animals into the workplace is a form of reasonable accommodation.

Because the section of the ADA relating to reasonable accommodations in employment doesn't define service animals the same way that the section regarding public accommodations access does, EEOC guidance suggests that employers may have to consider an employee's emotional support animal as a reasonable accommodation as well as a trained service dog or miniature horse. For more information—including help on how to request reasonable accommodations from your employer—check out the Job Accommodation Network (a service of the Department of Labor Office of Disability Employment Policy) guide to service animals in the workplace.

Legal Remedies for Violations of Service Animal Laws

ADA complaints. If you believe your rights as the owner of a service dog have been violated under the ADA, you can file a complaint with the civil rights division of the Department of Justice (DOJ). Depending on the facts of your case, the DOJ may refer your complaint to the ADA Medication Program to help you and the person or organization you filed the complaint against reach a mutual agreement. The DOJ may also contact you for additional information about a possible lawsuit.

FHA complaints. If you were denied an equal opportunity to enjoy and use your dwelling under the Fair Housing Act because of your service dog or emotional support animal, you can report the discrimination with the U.S. Department of Housing and Urban Development (HUD). Keep in mind that retaliation by a landlord in response to a HUD allegation is illegal.

Airline complaints. Complaints of discriminatory treatment by airlines against disabled travelers should be addressed to the U.S. Department of Transportation (DOT). The DOT provides an Air Travel Service Complaint form that you can fill out online, or you can complete the paper form and mail it to the address printed in the top left of the form. If the matter is time-sensitive, you can call the DOT disability hotline at 800-778-4838.

Employer complaints. Employees who believe their right to reasonable accommodation of their service animal at work were infringed on can file a Charge of Discrimination with the EEOC. You must file a Charge of Discrimination before you can proceed with a lawsuit against your employer. This charge must be filed within 180 calendar days from the date the discrimination took place. If you're in a time crunch (60 days or fewer before the deadline), you can also contact the nearest EEOC office for more information about how to file quickly.