Service Dog Laws and Rights in Florida
Service dogs play a crucial role in assisting individuals with disabilities, providing them with increased independence and accessibility to public spaces. In Florida, both federal and state laws protect service dog handlers, ensuring their rights to access public places, housing, and employment without discrimination. Understanding these laws is essential for service dog owners, businesses, and the general public. This guide will provide an in-depth look at service dog laws in Florida, detailing the rights, responsibilities, and legal protections available.
Definition of a Service Dog in Florida
Florida follows the federal definition of a service dog as outlined in the Americans with Disabilities Act (ADA). Under both Florida law and the ADA:
• A service dog is a dog that is individually trained to perform specific tasks for a person with a disability.
• The tasks performed by the service dog must be directly related to the handler’s disability.
• Service dogs are not pets and are allowed in public places where pets may typically be restricted.
Service Dogs vs. Emotional Support Animals and Therapy Dogs
• Service Dogs: Have legal protections under the ADA and Florida law, trained to perform specific tasks for individuals with disabilities.
• Emotional Support Animals (ESAs): Provide comfort but do not perform trained tasks, therefore do not qualify as service dogs under Florida or federal law.
• Therapy Dogs: Provide comfort to groups of people (e.g., hospitals, schools) but are not considered service animals and are not granted public access rights.
Rights of Service Dog Handlers in Florida
Florida law ensures that service dog handlers have access to public places, housing, workplaces, and transportation without discrimination. These protections are outlined under the ADA, the Fair Housing Act (FHA), and Florida-specific statutes.
Public Access Rights
Under Florida Statutes § 413.08 and the ADA, service dogs must be allowed in all public accommodations, including:
• Restaurants and cafes
• Hotels and motels
• Public transportation (buses, trains, taxis, rideshares)
• Retail stores and shopping malls
• Government buildings
• Parks and recreational areas
• Theaters and entertainment venues
Exceptions to Public Access:
Service dogs may be denied entry only in the following cases:
• Sterile environments (such as operating rooms in hospitals)
• Religious institutions (churches, mosques, temples—unless they choose to allow access)
• If the dog is out of control and the handler does not take action to control it
• If the dog is not housebroken
Housing Rights
The Fair Housing Act (FHA) ensures that individuals with disabilities cannot be denied housing due to their service dog. Florida landlords must:
• Allow service dogs even if there is a “no pets” policy.
• Waive pet deposits and fees for service animals.
• Make reasonable accommodations for tenants with disabilities.
Landlords cannot:
• Require special registration or documentation for a service dog.
• Ask about the tenant’s specific disability.
• Charge additional pet rent or deposits for a service dog.
Employment Rights
Under the ADA and Florida law, individuals with service dogs have the right to reasonable accommodations in the workplace. Employers must:
• Allow service dogs in the workplace unless it poses a safety risk or undue hardship.
• Provide accommodations that allow the employee to perform their job effectively.
Employers cannot:
• Refuse to hire someone because they require a service dog.
• Ask for detailed medical records beyond confirming a disability.
Air Travel Rights
Under the Air Carrier Access Act (ACAA), service dogs are allowed to travel in the cabin of the aircraft with their handlers, free of charge. However, airlines:
• May require advance notice and documentation.
• Are permitted to ask for DOT-approved forms to confirm the dog’s health and behavior.
• Have the right to deny access to aggressive or disruptive animals.
It is recommended that service dog handlers check with their airline before flying to ensure compliance with specific policies.
Service Dog Training Requirements in Florida
Florida does not require specific certification or registration for service dogs. A service dog can be trained by:
1. A professional trainer or organization
2. The individual handler (self-training is allowed)
Regardless of who trains the service dog, the animal must:
• Be well-behaved in public.
• Be trained to perform at least one disability-related task.
• Remain under the handler’s control at all times.
There is no legal requirement in Florida for service dog handlers to carry identification, though many choose to do so for convenience.
Misrepresentation of Service Dogs in Florida
Falsely claiming a pet as a service dog is illegal in Florida.
Under Florida Statute § 413.08(9), misrepresenting an animal as a service dog is punishable by:
• A $500 fine.
• Up to 60 days in jail for repeat offenses.
The goal of this law is to protect the rights of individuals with legitimate service dogs and prevent misuse of legal protections.
Business Owner Responsibilities & Limitations
Florida businesses must comply with the ADA and Florida service dog laws, allowing service dog access while following specific guidelines.
What Business Owners Can Ask
Businesses can only ask two questions if it is not obvious that the dog is a service animal:
1. Is the dog required because of a disability?
2. What task(s) is the dog trained to perform?
They cannot:
• Ask for medical documentation.
• Require the dog to demonstrate its task.
• Charge fees or require deposits for the service dog.
When Can a Business Deny Access?
A service dog may only be asked to leave if:
• It is out of control and the handler does not take action.
• It is not housebroken.
Service Dog Certification & Registration in Florida
Florida law does not require service dog certification or registration. However, voluntary registration services can:
• Provide convenient identification to prevent access issues.
• Offer a registry lookup to verify a service dog’s status.
• Help businesses and landlords recognize legitimate service dogs.
While not legally required, many service dog handlers find ID cards and certifications helpful in everyday interactions.
Florida State Laws vs. Federal Laws
Florida law and federal ADA guidelines work together to protect service dog handlers. If state and federal laws conflict, the law that provides the most access and protection to individuals with disabilities will apply.
Resources for Service Dog Handlers in Florida
Where to Get Help
• Florida Attorney General’s Office (handles complaints about service dog discrimination).
• ADA Information Line (800-514-0301).
• Fair Housing and Equal Opportunity Office (HUD) (for housing discrimination cases).
Filing a Complaint
If your service dog rights are violated, you can:
• File an ADA complaint with the U.S. Department of Justice.
• Report housing discrimination to the Department of Housing and Urban Development (HUD).
• Contact state agencies for local assistance.
Conclusion
Understanding service dog laws in Florida is essential for individuals with disabilities, businesses, landlords, and the general public. While Florida law aligns with ADA protections, it also includes state-specific penalties for misrepresentation and clear guidelines on public access rights.
For service dog handlers, ensuring proper training and behavior is key to upholding these rights. While registration is not required, having an ID and documentation can make everyday interactions easier.
By staying informed and advocating for their rights, service dog handlers can navigate public spaces with confidence and ensure fair treatment under Florida law.
