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New Emotional Support Animal Law In Florida 2024
Updated on
- Written by Alex Smith, Former Health Writer
Medically reviewed by
Gopal Ramakrishnan, Ph.D.
Emotional support animals provide persons with specific emotional and mental disabilities a comforting presence that helps with their symptoms. Because emotional support animals[1] are medically valid, they are protected by emotional support animal Florida law. In addition to the Fair Housing Amendments Act of 1988, Florida recently passed laws in 2020 to prevent fraud regarding emotional support animals in housing.
As emotional support animals are not considered pets, it is essential to prove that they are medically required. Law SB 1084, effective July 1, 2020, enacted criminal penalties for fraudulent ESA requests and invalidated online documents, animal registries, and certifications to prove or support an ESA request.
It is essential to review and understand fair housing laws and emotional support animal Florida housing law. They spell out responsibilities for tenants and landlords and seek to ensure access to housing without infringing on the parties’ rights.
Some disabilities are not visible, and requests to prove a medical need for an ESA may come up. Also, an emotional support animal Florida cannot pose a health or safety threat to others, where housing accommodations would be unreasonable. The laws are in place to legitimize the function of emotional support animals and their service medically to tenants with disabilities.
Emotional Support Animal Laws in Florida
According to Florida’s housing laws, tenants are prohibited from being discriminated against[2] for needing an emotional support animal. Even in buildings with a prohibition against pets, tenants can live with their companion animals.
Emotional support animal Florida law establishes that an ESA is an animal that is not a pet. An ESA does not require training to work, perform tasks, provide assistance, or provide therapeutic emotional support. Unlike a trained service animal[3], which is also protected under law, an ESA is a unique medically prescribed animal.
People prescribed an ESA may have an unconventional choice, opting for a ferret, pig, horse, monkey rather than a dog or cat. The choice of ESA is up to the client in need of a companion. However, there may be challenges if an ESA poses a health or safety hazard to others if placed in a building.
So, can a landlord deny an emotional support animal Florida? Although established housing laws protect tenants’ rights to live with their ESA, a landlord may require further documentation to verify claims. Before the new Florida law was passed in 2020 regarding ESAs, there were concerns about fraudulent activity[4]. In the past, clients have paid for emotional support animal registration online with certifications, IDs, and other materials. There is no need for a tenant to pay for an emotional support animal registration for housing, travel, or other accommodations.
The only proper way to confirm and legitimize an emotional support animal Florida registration is to get a letter from a licensed mental healthcare professional, such as a licensed counselor, psychologist, psychiatrist, or nurse. The medical professional writing the letter for the ESA should prove a few things to be in alliance with Florida law.
About Emotional Support Animal Florida Housing
If a prospective tenant to a property is concerned about emotional support animals in Florida condos, the new law fully protects their rights. If you are wondering, “Can a landlord deny an emotional support animal Florida?” or “What about emotional support animals in Florida condos?” review current emotional support animal Florida housing laws.
A condo association cannot bar a tenant who requires the presence of their ESA and desires their animal to live with them in the property. All condos, rental homes, and apartments must follow law SB 1084. Before ascertaining housing, you should look into whether you need emotional support ainmal Florida registration and how to write an emotional support animal letter.
New Laws for ESA and Housing
Due to the prevalence of people passing off questionable animals that could be otherwise illegal, used for entertainment, as pets, or other uses than an ESA, Florida amended ESA laws. Law SB 1084 was passed July 1, 2020, and went into full effect. Anyone who is disabled or has disability-related needs that require an ESA is entitled to accommodations for their animal and housing. An ESA cannot be considered a pet to exclude a tenant or charging fees. However, if an ESA damages property, a tenant can be held liable.
If a tenant’s disability is not apparent, they may be required to give supporting information to confirm their disability and legitimate need[5] for an ESA to live with them. Documentation from a government agency, ESA letters, information from a health care provider, and other forms of evidence are permissible. As an emotional support animal Florida is a therapeutic and medically prescribed animal, the law provides protections for emotional support animal Florida housing applicants.
A potential tenant cannot be required to provide certain types of information related to their disability, including medical records. A prospective tenant cannot be forced to fill out a specific form and have their request for their ESA’s accommodations denied for not following particular methods of obtaining information or supplying the requested information.
The Florida law passed in 2020 is in response to abuse and fraud with ESAs. Thanks to the amendment, there can be more consistent standards for qualifying an ESA, penalties and dealing with false claims.
How To Qualify for ESA Letter In Florida?
Suppose you are living with a disability or have disability-related symptoms that are relieved with the presence of a prescribed emotional support animal. In that case, you need to get an ESA letter Florida to protect your rights. If you check out certapet.com, you can quickly get an ESA letter from a licensed medical professional after following some steps.
- You will need to take an initial screening to gather the information necessary to build your letter and support your case.
- The client with an ESA will need to conduct a session with a licensed therapist.
- A follow up with the customer support team is required after meeting with a licensed medical professional.
- The letter is then written following the client’s state laws, alongside a treatment plan.
Visiting a site like certapet.com to ascertain an ESA letter may be helpful if your physician or attending medical professional is unable to write an ESA letter. An ESA letter Florida is like a prescription for a companion animal to help treat or alleviate one’s symptoms and is an absolute must to exercise one’s legal rights.
How To Write An Emotional Support Animal Letter?
It is helpful to have a written letter to prove your right to an emotional support animal if there is a challenge to the validity of one’s disability, ESA housing accommodation, or other issues. A primary care physician or licensed therapist who has treated the client at least once in-state should provide a written statement. There is usually not enough supportive evidence provided by an online registry, purchased online letter, or a self-written letter for an ESA.
A letter for an emotional support animal should include the following information.
- The ESA’s date of issue, how long the ESA has been under the client’s care, and expiration date if applicable.
- The name of the patient prescribed an ESA.
- The name of the licensed physician or therapist caring for the patient, their disability, and medical professional contact information.
- Any laws that define and protect the patient’s mental or emotional disability should be mentioned.
An ESA letter should be written by the licensed mental healthcare professional or physician who prescribed the ESA and provides client treatment. An ESA letter Florida is helpful for tenants seeking housing, even in properties with a “no pet” designation. A landlord cannot charge a tenant a pet fee for an ESA but can ask for charges if the ESA causes property damage.
An emotional support animal letter lasts for a year and can be renewed annually. It is helpful to have a current ESA letter Florida if health symptoms persist and require the benefit of a prescribed ESA.
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Which Animals Are Considered ESA In Florida?
There is a clear difference between a trained service animal such as a dog or horse versus a companion emotional support animal. In the state of Florida, ESA animals are at the client’s discretion. However, if substantial evidence suggests that a client’s ESA is a danger or presents a problem for others, it may be denied.
Common ESAs include dogs, cats, snakes, rabbits, pigs, hedgehogs, horses, and ferrets. Just because a particular animal breed may have a questionable reputation or appears dangerous, there must be clear evidence to deny the request for accommodations for an ESA.
Accommodation Access For ESAs & Service Dogs In Florida
Service dogs are protected under the ADA[6] and housing laws. An emotional support animal may be prescribed as part of a medical treatment plan for therapeutic purposes, is not a pet, and is protected under housing laws. Accommodation must be provided for both ESAs and service dogs, as reasonable under the law. Service dogs and ESAs cannot be charged pet deposits or fees associated with tags or DNA testing.
A service dog or ESA cannot be denied accommodation unless it violates local health department regulations. Appropriate paperwork to confirm a service dog or ESA should be available for presentation upon request.
Final Thought
So, who qualifies for an emotional support animal? Emotional support animals are a legitimate medically prescribed treatment for persons living with emotional or mental disability symptoms. Although there are some differences regarding laws and accommodations for ESAs and service animals, both are medically necessary as support for the affected client.
Law SB 1084 was passed in Florida to reduce abuses and fraud surrounding ESAs. Amendments to housing laws were enacted to more clearly define terms to determine proof of a present disability and support an emotional support animal’s legitimacy. Housing laws and the ADA help define and protect tenant rights to fair and reasonable accommodation for their ESA or service animal and housing.
Frequently Asked Questions
Most persons seeking treatment for their mental health or emotional disability could benefit[7] from being prescribed an ESA. Common disabilities that qualify for an ESA include the following: Anxiety, Depression, Chronic Stress, Post-traumatic stress disorder, ADHD, Certain learning disabilities
Tenants who have an ESA cannot have their medically prescribed companion animal denied by a landlord unless that animal poses a health or safety risk or accommodations for the tenant’s ESA would be unreasonable. In most cases, a tenant cannot be denied housing for their ESA.
An ESA letter in Florida outlining a tenant’s disability and the legitimacy of their companion animal that is not a pet but a prescribed health aide should suffice. A landlord is breaking the law if they demand a tenant’s medical information to validate claims of a disability. Tenants can provide other forms of documentation to support their claims without divulging sensitive information.
Cats and dogs are the most common choice of ESA and pets. However, an ESA can be whatever type of animal the client needs for their wellbeing, as long as it does not pose a safety or health hazard. Clients have benefited from ESAs that were ferrets, pigs, birds, reptiles, horses, and other animals.
It is unreasonable and unlawful for an emotional support animal to be charged a pet fee by a landlord. ESAs are protected by housing law and are treated as medical devices, similar to service animals, and are strictly no pets. If an ESA causes any damage to a landlord’s property, the tenant can be held liable and may be requested to pay charges or face penalties.
It may be best to request an emotional support animal before obtaining housing to reduce challenges with a landlord. However, ESAs are protected under law. A landlord should allow tenants to have their ESA live with them, as the companion animal is not a pet. A tenant should communicate their needs with their landlord, requesting a waiver of any “no pets” policy, and provide legitimate documentation to support their disability claims and prescribed ESA.
+ 7 sources
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- Hoy-Gerlach, J., Vincent, A. and Lory Hector, B. (2019). Emotional Support Animals in the United States: Emergent Guidelines for Mental Health Clinicians. Journal of Psychosocial Rehabilitation and Mental Health, [online] 6(2), pp.199–208. Available at: https://link.springer.com/article/10.1007/s40737-019-00146-8 [Accessed 9 Oct. 2021].
- HeinOnline. (2021). About | HeinOnline. [online] Available at: https://heinonline.org/HOL/LandingPage?handle=hein.journals/frdurb47&div=10&id=&page= [Accessed 9 Oct. 2021].
- Ada.gov. (2011). ADA 2010 Revised Requirements: Service Animals. [online] Available at: https://www.ada.gov/service_animals_2010.htm [Accessed 9 Oct. 2021].
- HeinOnline. (2021). About | HeinOnline. [online] Available at: https://heinonline.org/HOL/LandingPage?handle=hein.journals/mcglr52&div=42&id=&page= [Accessed 9 Oct. 2021].
- Schoenfeld-Tacher, R., Hellyer, P., Cheung, L. and Kogan, L. (2017). Public Perceptions of Service Dogs, Emotional Support Dogs, and Therapy Dogs. International Journal of Environmental Research and Public Health, [online] 14(6), p.642. Available at: https://www.mdpi.com/1660-4601/14/6/642 [Accessed 9 Oct. 2021].
- Disability Rights Florida (2014). Service Animals – Disability Rights Florida. [online] Disabilityrightsflorida.org. Available at: https://disabilityrightsflorida.org/disability-topics/disability_topic_info/service_animals [Accessed 9 Oct. 2021].
- Counseling Today. (2015). Confirming the benefits of emotional support animals – Counseling Today. [online] Available at: https://ct.counseling.org/2015/04/confirming-the-benefits-of-emotional-support-animals/ [Accessed 9 Oct. 2021].
Written by:
Alex Smith, Former Health Writer
Medically reviewed by:
Medically reviewed by:
