General ESA and Service Animal Questions
What is an ESA?
An Emotional Support Animal (ESA) is a companion animal that provides emotional or mental health support to individuals with a qualifying condition.
ESAs do not require specialized training.
They offer comfort and companionship that alleviates symptoms of mental or emotional disabilities.
What is a Service Animal?
A service animal is a dog or miniature horse that is individually trained to perform specific tasks related to a person’s physical, sensory, psychiatric, or cognitive disability.
Examples of service animal tasks:
Guiding visually impaired individuals.
Assisting individuals with mobility issues.
Alerting to seizures or diabetic episodes.
Providing psychiatric support for PTSD or anxiety attacks.
Do ESA and service animal laws apply in Florida?
Yes. Florida follows federal laws (FHA, ADA, ACAA) and also has its own regulations:
Florida Statute §760.27: Covers ESA housing protections.
Florida Statute §413.08: Covers service animal rights in public spaces.
Both ESAs and service animals are protected in Florida housing, but only service animals have public access rights.
What is the difference between an ESA and a service animal?
| Feature | ESA | Service Animal |
|---|---|---|
| Legal Protections | Protected under the Fair Housing Act (FHA) | Protected under the ADA and FHA |
| Public Access | ❌ No guaranteed public access rights | ✅ Guaranteed access to public spaces |
| Housing Rights | ✅ Cannot be denied housing or charged pet fees | ✅ Same protections as ESAs |
| Training Required | ❌ No specific training required | ✅ Must be specifically trained for tasks |
| Animal Types | ✅ Any domesticated animal can be an ESA | ✅ Only dogs or miniature horses qualify |
ESA Certification Questions
Who qualifies for an ESA letter in Florida?
To qualify for an ESA in Florida, you must have a diagnosed mental or emotional condition, such as:
Anxiety disorders
Depression
PTSD
Panic disorders
Phobias
Mood disorders
Autism or ADHD
What information is included in a valid ESA letter?
A valid ESA letter must include:
Patient’s name and confirmation of a qualifying condition.
Licensed professional’s name, license number, and contact details.
Statement that the ESA provides emotional support related to the disability.
Issue date and expiration date (valid for one year).
Can any animal be an ESA?
Yes. Unlike service animals, ESAs can be any domesticated animal, including:
Dogs
Cats
Rabbits
Birds
Ferrets, hamsters, or guinea pigs
Do landlords have to accept ESAs in Florida?
Yes. Under the Fair Housing Act (FHA) and Florida Statute §760.27:
Landlords cannot refuse housing to ESA owners, even in no-pet properties.
ESA owners are exempt from pet deposits, fees, and breed/size restrictions.
Landlords can only request a valid ESA letter but cannot demand medical records.
Service Animal Certification Questions
Who qualifies for a service animal?
To qualify for a service animal, you must have a documented disability under the ADA, such as:
Visual, hearing, or mobility impairment.
Physical disabilities.
Psychiatric conditions (e.g., PTSD, severe anxiety).
Chronic health conditions (e.g., seizures, diabetes).
Who can issue a service animal letter in Florida?
Only Florida-licensed medical professionals can issue a valid service animal letter, including:
Physicians (MD or DO)
Nurse Practitioners (NP)
Physician Assistants (PA)
Licensed mental health professionals (for psychiatric disabilities)
What tasks must a service animal be trained to perform?
A service animal must be trained to perform specific tasks related to the handler’s disability, such as:
Guiding individuals with visual impairments.
Retrieving dropped items or opening doors.
Alerting to seizures, low blood sugar, or anxiety episodes.
Interrupting self-harming behavior.
Do service animals have public access rights in Florida?
Yes. Under the ADA and Florida Statute §413.08, service animals:
Are allowed in all public spaces, including:
Restaurants, hotels, and stores.
Public transportation.
Government buildings.
Cannot be denied access based on breed, size, or weight.
Can businesses charge fees for service animals?
No. Under the ADA:
Businesses cannot charge pet fees for service animals.
They also cannot require special ID or certification.
Staff may only ask two questions:
(1) Is the animal required due to a disability?
(2) What task is the animal trained to perform?
Legal and Compliance Questions
What federal laws protect ESA and service animal owners?
Fair Housing Act (FHA): Protects ESA owners from housing discrimination.
Americans with Disabilities Act (ADA): Protects service animal owners in public spaces.
Air Carrier Access Act (ACAA): Protects service animals (but not ESAs) during air travel.
What Florida laws protect ESA and service animal owners?
Florida Statute §760.27: Covers ESA housing protections.
Florida Statute §413.08: Covers service animal public access rights.
Misrepresentation Law:
Falsely claiming a pet as a service animal is a second-degree misdemeanor in Florida.
Penalties:
Fines up to $500.
30 hours of community service.
Certification Process and Documentation
How long does it take to receive my certification letter?
You will receive your ESA or service animal letter within minutes of approval.
Is the certification process 100% online?
Yes. The entire process, including the assessment and letter delivery, is fully online.
How long is my letter valid?
Both ESA and service animal letters are valid for one year from the date of issue.
