Understanding Service Dog Laws in Florida
People who struggle with mental, physical, and emotional disabilities can sometimes experience a greater degree of freedom and independence with the aid of a service dog or emotional support animal. Though service dogs and emotional support animals both include animals that bring help and comfort to an owner there are important legal differences between the two categories. Service dogs are trained to complete a specific task or set of tasks to aid their owner in daily living and emotional support animals are not required to complete any specific type of training. Emotional support animals bring comfort to their owners by their presence, but do not have as many legal protections as service dogs. If you have a service dog or an emotional support animal it is important for you to be aware of state and local laws regarding the specific type of animal you have. Service dog laws in Florida, for example, uphold the use of service dogs in public spaces and grant fair access to housing for both service dogs and emotional support animal owners. If you have a service dog or emotional support animal and feel that you are being treated unfairly or that your rights have not been upheld it might be a good idea to speak to a lawyer about specific aspects of the law.
Difference Between Service Dogs and Emotional Support Animals
Service dogs and emotional support animals play similar roles in helping their owners overcome physical or emotional limitations. However, the types of services these animals provide and the protections they have under the law are vastly different. In order to have a service dog, an individual has to prove that they have a disability as defined by the Americans with Disabilities Act and that the dog is able to help them complete a specific task. The dog is usually selected for service only if it has a certain temperament and can effectively carry out the task it is trained for in a number of varied circumstances. Service dogs can help visually impaired owners navigate public spaces, for example, or alert emergency services if the owner has a seizure. These dogs play very specific roles in improving the freedom and independence of their owners and are protected under most federal and state laws.
Emotional support animals do not have to be a specific species or have any kind of temperament or training. They provide support to owners by being present with them. They are most frequently relied on by people with anxiety disorders or who experience bouts of pain or other symptoms related to high stress. Having a loving animal around to hold, stroke, or just be with can drastically improve the quality of life for individuals with these kinds of disabilities. Fair housing laws in many states including Florida protect the rights of owners to have emotional support animals, but these laws tend to be less accommodating than those that protect the rights of service dog owners. Emotional support animals are also not protected by laws granting access to public or commercial space.
Florida Law and Service Dogs
Service dog laws in Florida must comply with the Americans with Disabilities Act. This means that service dogs are allowed in all public accommodations including restaurants, museums, hotels, and stores. It also means that service dogs cannot be banned from public transportation and that owners cannot be discriminated against in housing practices. Under Florida law owners of service animals cannot be charged extra for bringing their dog into a public accommodation and do not need to pay a pet deposit for housing. Owners of service dogs are also not required to show documentation of training for their animal or disclose the nature of their disability, but they are required to make sure that their dog is harnessed and well-behaved. They also may be required to answer questions about the tasks that the dog is able to perform and are responsible for any dangerous or destructive behavior exhibited by their dog.
