Under Florida law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all "public accommodations," such as restaurants, museums, hotels, and stores. These laws also require those who operate transportation services 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 their patrons are entitled to rely on whichever law provides the most protections. Read on to learn which animals qualify as service animals, which public accommodations must allow them, and more.
Florida's service animal law applies to animals that are trained to do work or perform tasks for someone with a physical, mental, psychiatric, sensory, or intellectual disability. The work the animal does must be directly related to the person's disability. For example, an animal might provide stability and balance to someone with impaired mobility, might alert someone who has a hearing impairment to sounds, or might interrupt someone with a psychiatric disability from engaging in self-destructive or dangerous acts. For access to public accommodations, only service dogs and miniature horses are covered. For housing, this limit does not apply; other types of animals may be covered. (Fla. Stat. § 413.08 (2022).)
The ADA defines a service animal as a dog that is individually trained to perform tasks or do work for the benefit of a person with a disability. (In some cases, a miniature horse might also qualify as a service animal under the ADA.) The tasks or work the animal does must be directly related to the person's disability.
Neither law covers pets or what some call "emotional support animals": animals that provide a sense of safety, companionship, and comfort to those with psychiatric or emotional disabilities or conditions. Although these animals often have therapeutic benefits, they are not individually trained to perform specific tasks for their handlers. Under the ADA and Florida law, owners of public accommodations are not required to allow emotional support animals, only service animals (including psychiatric service dogs).
Florida's service animal law covers public transportation, hotels, timeshares, places of amusement, resorts, and any other place to which the public is invited. You may bring your service animal into any of these places. (Fla. Stat. § 413.08(1)(c) (2022).)
Under the ADA, the definition of public accommodations is very broad. It includes:
A place of public accommodation can't charge you extra to bring your service animal. Even if the establishment ordinarily charges a pet deposit, you can't be required to pay it for your service animal. However, the establishment can usually require you to pay for any damage your animal causes.
Your animal must be under your control. The animal must have a harness and leash (or other tether), unless your disability or the work your animal does prevents the use of these tools. In this situation, the animal must be under control through other means, such as voice commands or signals.
An establishment can't require you to provide documentation that your animal is trained, and it can't ask you about your disability. However, it can ask you whether your animal is a service animal required for your disability, and it can ask you about the work the animal has been trained to perform.
A public accommodation is not required to allow your service animal to remain if it poses a direct threat to the health or safety of others. If, for example, your service dog is growling and lunging at other patrons, and you are unable to stop the behavior, the dog might have to leave. An establishment can also exclude a service animal that isn't housebroken or is out of control.
Under Florida's service animal law, people with disabilities who have service dogs and other assistance animals are entitled to full and equal access to housing. Your landlord can't require you to pay extra to have a service animal, although you are liable for any damages your service animal causes to the property or to another person. (Fla. Stat. § 413.08(6) (2022).)
The federal Fair Housing Act requires housing facilities to allow service dogs and animals, if necessary for a person with a disability to have an equal opportunity to use and enjoy the home. To fall under this provision, you must have a disability and you must have a disability-related need for the animal. In other words, the animal must work, perform tasks or services, or alleviate the emotional effects of your disability in order to qualify. (For more information, see the Department of Housing and Urban Development's guidance on service animals.)
In 2020, Florida enacted a law requiring housing providers to make reasonable accommodations for people who have an emotional support animal. The law prohibits discrimination in the provision of housing "to the extent required by federal law." (Fla. Stat. § 760.27(2) (2022).)
The law 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." (Fl. Stat. § 760.27(1)(a) (2022).) The state law mirrors the protections provided to persons with emotional support animals under the federal Fair Housing Act.