Navigating the laws around ESA and Service Animal Certification can be confusing. In Florida, individuals with disabilities have specific rights under both state and federal law when it comes to ESA certification and service animal documentation. This guide will walk you through the qualifications, certification processes, and how to make sure your emotional support animal or service animal meets legal requirements in Florida.
Federal ESA and Service Animal Laws
Fair Housing Act (FHA) – ESA Housing Protections
The Fair Housing Act (FHA) is a federal law that protects individuals with disabilities from discrimination in housing.
Under the FHA:
Landlords cannot refuse housing to individuals with valid ESA documentation, even in no-pet properties.
No Pet Fees or Deposits: ESA owners are exempt from paying pet-related fees, deposits, or monthly charges.
No Breed or Weight Restrictions: Landlords cannot deny an ESA based on breed, size, or weight.
✅ Key FHA Provisions:
Applies to rental properties, HOAs, and condos.
ESA owners must provide a valid letter from a licensed health professional.
Americans with Disabilities Act (ADA) – Service Animal Protections
The ADA protects individuals with physical, sensory, and psychiatric disabilities by ensuring their service animals have full public access rights.
Under the ADA:
Service animals are allowed in public spaces, including:
Restaurants, hotels, and stores.
Public transportation (buses, trains, rideshares).
Government buildings.
No Fees or Deposits: Businesses cannot charge pet fees for service animals.
No Breed or Size Restrictions: Service animals are protected regardless of breed or size.
✅ Key ADA Provisions:
Only dogs and miniature horses qualify as service animals under the ADA.
Service animals must be trained to perform specific tasks related to the person’s disability.
Businesses can only ask:
(1) Whether the animal is required due to a disability.
(2) What specific task the animal performs.
1.3 Air Carrier Access Act (ACAA) – Travel Protections
The ACAA governs air travel for individuals with disabilities.
Service Animals:
Allowed to fly with their handler in the cabin free of charge.
Must be harnessed, leashed, or tethered.
ESA Travel:
Since 2021, ESAs are no longer guaranteed in-cabin travel under the ACAA.
Airlines may treat ESAs as regular pets.
✅ Key ACAA Provisions:
Only service animals are guaranteed in-cabin travel rights.
ESA owners may need to pay pet fees or check their animal as cargo.
Florida-Specific ESA and Service Animal Laws
Florida Statute §760.27 – ESA Housing Rights
Under Florida Statute §760.27, individuals with emotional support animals have the following rights:
Housing Protections:
Landlords cannot deny housing or charge pet fees to ESA owners.
ESA documentation must be issued by a licensed medical professional.
No Pet Fees:
ESA owners are exempt from all pet fees, deposits, and restrictions.
Verification Process:
Landlords can request ESA documentation but cannot ask for medical records or personal health details.
✅ Key Florida Provisions:
ESA letters must be issued by a Florida-licensed mental health professional.
The ESA must provide emotional support related to a documented disability.
Florida Statute §413.08 – Service Animal Rights
Florida’s Statute §413.08 protects the rights of service animals and their handlers, mirroring the ADA.
Under Florida law:
Public Access:
Service animals are allowed in all public spaces, including restaurants, hotels, stores, and public transportation.
No Additional Fees:
Service animals are exempt from pet fees in Florida housing and public spaces.
Misrepresentation Penalties:
It is a second-degree misdemeanor in Florida to falsely claim a pet as a service animal.
Penalties include:
Fines up to $500.
30 hours of community service.
✅ Key Florida Provisions:
Service animals must be trained to perform specific tasks related to the handler’s disability.
Businesses can only ask two ADA-compliant questions about the service animal.
Who Qualifies for ESA and Service Animal Certification in Florida?
ESA Qualification Criteria
To qualify for an ESA in Florida, individuals must:
Have a diagnosed mental or emotional health condition.
Conditions may include:
Anxiety disorders
Depression
PTSD
Phobias
Mood disorders
Be assessed by a Florida-licensed health professional.
Service Animal Qualification Criteria
To qualify for a service animal in Florida, individuals must:
Have a physical, psychiatric, or sensory disability.
Require a service animal to perform specific trained tasks related to their disability.
Provide documentation from a licensed medical professional confirming the need for the service animal.
Service animals are limited to dogs and miniature horses under Florida law.
How Florida Doctors and LMHPs Issue Certification Letters
ESA Certification Process
To obtain an ESA letter in Florida:
Individuals must complete an assessment with a licensed health professional.
This verifies the patient’s condition and documents the need for an ESA.
Letter Requirements:
Licensed health professional’s name, license number, and contact information.
Statement confirming the patient’s need for an ESA due to a qualifying condition.
Issue date and expiration date (valid for one year).
4.2 Service Animal Certification Process
To obtain a service animal letter in Florida:
Individuals must complete an evaluation with a licensed medical professional.
The provider confirms the disability and documents the necessity of a service animal.
Letter Requirements:
Medical professional’s name, license number, and contact information.
Statement verifying the patient’s disability and the service animal’s required tasks.
Issue date and expiration date (valid for one year).
Licensed Professionals Authorized in Florida:
Physicians (MD or DO)
Nurse practitioners (NP)
Physician assistants (PA)
Licensed mental health professionals (for psychiatric disabilities)
Legal Protections and Penalties in Florida
✅ ESA Legal Protections:
Guaranteed housing rights under the FHA and Florida Statute §760.27.
Exemption from pet fees, breed, and size restrictions.
✅ Service Animal Legal Protections:
Full public access rights under the ADA and Florida Statute §413.08.
Exemption from pet deposits and fees.
❌ Penalties for False Claims:
Misrepresenting a pet as a service animal in Florida is a misdemeanor offense.
Fines up to $500 and community service.