Are you interested in getting an emotional support animal (ESA) in Florida? If so, it’s important to understand the various ESA laws that govern how these companion animals are handled. Thankfully, most laws are handled at the federal level, so a lot of understanding of emotional support animals comes down to understanding the Fair Housing Act (FHA).
That said, there are also some modifications made by Florida state law, so stick around for more information about all the various Florida emotional support animal laws.
What Is an Emotional Support Animal (ESA)?
First and foremost, it’s important to understand what an emotional support animal (ESA) is. While they’re not classified as pets under the Fair Housing Act, they’re also not necessarily service animals or therapy dogs. Instead, they’re in a class of their own.
ESAs provide support for people who struggle with mental health disabilities. They must be assigned to one person, and they can be any type of animal (within reason). As long as the animal can provide support for someone, they can be classified as an ESA under the Fair Housing Act with an ESA letter.
Why You Need an ESA Letter in Florida?
In Florida, you need an ESA letter to receive protections from the Fair Housing Act (FHA). This ESA letter must come from a licensed mental health professional (LMHP) who’s licensed in Florida. Within the letter, they need to include why you need an ESA, how they help your situation, and details about yourself and the animal.
To remain legitimate, this letter must be renewed annually.
Florida Emotional Support Animal Laws
When it comes to emotional support animal laws in Florida, most of them are outlined by the Fair Housing Act (FHA), which is a federal law. That said, Florida also has some state statutes that come into play, like Florida law (FS §760.27). Learn more about how Florida ESA laws for housing, employment, and public access are below.
1. ESA Housing Laws in Florida
When it comes to ESA laws in Florida, housing laws tend to be among the most important. This is due to the fact that they’re protected under the Fair Housing Act (FHA) and state laws. Landlords have to allow companion animals if tenants have a valid ESA letter.
The only exceptions include animals that harm others, damage property, or cause other issues. Therefore, with an ESA letter, you don’t have to worry about pet fees, evictions, or facing housing discrimination.
2. ESA Employment Laws in Florida
Unfortunately, there aren’t any employment laws in place that protect ESAs in public. This is because ESAs aren’t protected under the Americans with Disabilities Act (ADA). Therefore, you’ll need to get permission from your employer if you want to bring your ESA to work with you.
3. ESA Public Access Laws in Florida
Emotional support animals don’t have any protection in public spaces in Florida, and this applies to federal and state locations. For this reason, you’ll need to have a psychiatric service dog (PSD) if you want to bring a companion animal out with you in public.
You can bring a PSD because they’re protected under the ADA.
4. ESA Travel Laws in Florida
Emotional support animals used to be able to fly with you on airlines in Florida, but this has changed. Unfortunately, they’re no longer protected under the Air Carrier Access Act (ACAA). Therefore, ESAs need to follow pet policies unless you work with a specific airline or airport; flying private can also help.
Penalties for Obtaining a Fake or Fraudulent ESA Letter
According to Florida Statute 817.265, it’s a misdemeanor to use a fraudulent ESA letter. This applies to fake ESA letters and any other illegitimate letter you’re trying to pass off as legitimate.
People who falsify these letters may end up with jail time, community service, and fines that can cost thousands.
Do You Need to Register Your ESA in Florida?
No, you don’t need to register your ESA in Florida. While this may be the case, that doesn’t mean that you shouldn’t. In fact, it’s a good idea to certify your ESA with US Service Animals because it helps you keep track of renewal dates, helps with proof of ESA status, and more.
Understanding Florida Emotional Support Animal Laws
While there is a lot to learn about emotional support animal laws in Florida, the main factor to consider is the ESA letter. As long as you have one, you shouldn’t have to worry about any issues with your companion animal.
All that said, always make sure you get a signed ESA letter from an LMHP who’s located in Florida, and if you need help connecting with one, use a reliable resource like US Service Animals.
