Emotional Support Animal Laws in Florida

While there are federal laws that govern emotional support animals, some states have additional regulations for ESAs and their owners. Here are some important emotional support animal laws in Florida, and how to get a Florida ESA letter.

Florida ESA Housing Laws

The Fair Housing Act (FHA) is a federal law that is applicable in Florida and all other states. This law essentially prohibits housing providers from discriminating against and/or refusing to accommodate individuals with disabilities. That means that a landlord can’t refuse to rent to a tenant with a physical or mental impairment. 

The FHA also requires landlords to make reasonable accommodations for a person with a disability, including allowing their assistance animal or service animal to live with them. The US Department of Housing and Urban Development includes emotional support animals in its definition of assistance animals. This means that landlords can’t consider emotional support animals as pets, as a result, ESAs are exempt from pet restrictions and fees.

Florida landlords must comply with the Fair Housing Act. Additionally, the state passed a law in 2020 to clarify ESA rules. The Florida law defines appropriate types of ESA documentation, including ESA Letters, disability documents from a government agency, and paperwork from a healthcare provider. Florida prohibits landlords from charging fees for emotional support animals but holds ESA owners liable for any damage their animal causes (to property or persons within the housing premises).

2025 update for Florida housing

Florida’s ESA housing statute remains in effect for 2025 and continues to recognize ESA documentation from qualified health care practitioners while rejecting internet-only “registrations” as reliable proof. Housing providers must follow both Florida Statutes section 760.27 and HUD’s assistance animal guidance when evaluating requests.

What landlords can request (F.S. 760.27)

• If a disability is not readily apparent, a housing provider may request reliable information that reasonably supports that the person has a disability. Examples include a determination or benefits document from a government agency, or information from a health care practitioner as defined in section 456.001, including a telehealth provider as defined in section 456.47. Out-of-state practitioners must be in good standing and must have conducted at least one in-person visit with the patient.
• If the disability-related need for the specific animal is not readily apparent, a provider may request information identifying the assistance or therapeutic support that the particular animal provides to alleviate one or more identified effects of the disability.
• Proof that the animal complies with applicable state or local licensing and vaccination requirements when requested, such as county pet licensing and rabies vaccination for dogs.
• If a person requests more than one ESA, information that supports the need for each animal.

What landlords cannot request

• Details about a diagnosis, severity of disability, or access to medical records.
• A specific form, notarized statement, or a demand to use only a routine method. A request may not be denied solely because a tenant did not use a specific form or process.

Documentation that is not sufficient

• Registration cards, patches, vests, or certificates purchased from the internet are not, by themselves, reliable proof of disability or need for an ESA.

When an ESA can be denied

• If the animal would pose a direct threat to the health or safety of others that cannot be reduced or eliminated by reasonable accommodation.
• If the animal would cause substantial physical damage to the property of others that cannot be reduced or eliminated by reasonable accommodation.
• If granting the accommodation would impose an undue financial or administrative burden on the housing provider, consistent with the FHA and HUD guidance.

Liability for damages

ESA handlers are responsible for any damage the animal causes to the dwelling or to persons on the premises. Landlords may recover costs for repairs consistent with Florida Statutes section 760.27.

Penalties and misrepresentation in Florida

Florida penalizes misrepresentation related to assistance animals. Knowingly providing false or fraudulent documentation for an ESA request can be treated as a second-degree misdemeanor with potential fines and community service requirements, and health care practitioners can face professional discipline if they issue documentation without personal knowledge of the patient. This information is educational and not legal advice.

Condos, HOAs, and university housing in Florida

Condominiums, homeowners associations, and campus housing must follow the Fair Housing Act. Pet rules like breed or weight limits and pet fees do not apply to ESAs. Providers may still evaluate safety and property risk and may ask for information supporting the need for each animal when multiple ESAs are requested.

How to request an ESA housing accommodation in Florida

1. Notify your housing provider in writing that you are requesting a reasonable accommodation for an emotional support animal under the FHA and Florida law.
2. Include a current ESA Letter from a qualified practitioner with personal knowledge of your condition and treatment relationship, or other reliable information permitted by Florida Statutes section 760.27.
3. Be prepared to provide proof of compliance with local licensing and vaccination rules upon request.
4. Engage in the interactive process. Respond promptly to reasonable follow-up questions about the disability-related need for the specific animal. You do not need to disclose your diagnosis or medical records.
5. If your request is improperly denied or unreasonably delayed, you can file a fair housing complaint with HUD or the Florida Commission on Human Relations. Visit HUD’s complaint portal or the FCHR to get started.

Florida examples

• An ESA letter from an out-of-state clinician who has never met you in person can be rejected in Florida because state law requires at least one in-person visit when the provider is not licensed in Florida.
• A landlord may request proof of county pet licensing and current rabies vaccination for an ESA dog before granting the accommodation.
• If you request two ESAs, you should be prepared to provide information that explains the distinct need for each animal.

Florida ESA Laws for Travel

The Air Carrier Access Act (ACAA) is a federal law that governs air travel providers and their responsibilities to individuals with disabilities. Like the FHA, the ACAA prohibits airlines from discriminating against individuals with disabilities and requires them to make reasonable accommodations for travelers with disabilities. 

For many years, the ACAA treated emotional support animals like service animals in terms of accommodation requirements. The law required airlines to allow ESAs to fly in the cabin with their owners and prohibited air carriers from charging additional fees for these animals.

However, the law changed in 2020. The current version of the ACAA only protects service animals, not emotional support animals. Some airlines still accommodate ESAs, but no air carriers are required to.

The state of Florida doesn’t have any travel laws for emotional support animals. As such, the Air Carrier Access Act is the prevailing rule. While housing providers in Florida are required to accommodate ESAs, hotels, motels, and other lodging providers aren’t governed by the Fair Housing Act. Florida visitors should contact their airline and lodging provider to learn whether they can bring an emotional support animal.

2025 status recap for air travel

• ESAs are not recognized as service animals under the ACAA. Airlines may treat ESAs as pets for booking, fees, and carrier rules. Always check your airline’s current policy before travel.
• If in-cabin access is essential, consider whether a psychiatric service dog is appropriate for your needs, since trained PSDs are protected under the ACAA.

Florida ESA Laws for Employment

There is no federal law that requires public or private employers to accommodate emotional support animals. The federal laws related to employment discrimination against individuals with disabilities define the rights of a service animal, which does not include emotional support animals. 

Under federal law, an employer can’t discriminate against an employee with a disability by refusing to hire them or declining to make reasonable accommodations for them, including allowing them to bring their service animal to work. The only exceptions to this are situations where the animal’s presence may compromise the work (e.g. destroying the sterile environment of an operating room). Additionally, an employer may remove a service animal from the premises if it’s out of the owner’s control.

Florida doesn’t have any state laws that specifically address an ESA owner’s right to bring their emotional support animal with them to work. The state’s statutes for employers align with federal laws. As such, Florida employers aren’t required to accommodate emotional support animals, but they may choose to do so. An employer in the state can remove a service animal or ESA that’s out of control, not potty trained, and/or threatening the safety of others.

ADA Title I and EEOC guidance for workplaces

• Under the ADA’s employment provisions, employers must consider reasonable accommodations that enable qualified employees to perform essential job functions. While ESAs are not service animals for public access, an employer may evaluate an ESA request as a potential accommodation through the interactive process.
• Employees can request an accommodation in writing and provide documentation that confirms the existence of a disability and explains how the ESA would help with work-related limitations. Employers should not request a diagnosis or full medical records.
• Employers can deny an ESA accommodation if it would cause undue hardship, create a direct threat to health or safety, or fundamentally alter business operations. Alternative accommodations should be discussed when possible.

Florida ESA Public Access Laws

Many different types of locations and businesses count as “public accommodations”:

• Parks, zoos, and other recreational facilities
• Sales, rental, and service establishments
• Convention centers, sports stadiums, and other gathering places
• Hotels and lodging establishments
• Restaurants
• Public transportation stations
• Museums, galleries, and libraries
• Educational institutions

Under federal law (the Americans with Disabilities Act), owners of public accommodations must allow access to individuals with disabilities and their service dogs, including psychiatric service dogs. However, the US government doesn’t consider emotional support animals to be service animals, so they aren’t provided the same level of accommodation. Public accommodations may choose to allow ESAs, but they don’t have to under federal law. 

Florida’s laws are essentially the same as the federal guidelines. Owners of public accommodations in the state are required to accommodate service animals. In this instance, Florida defines service animals as service dogs, psychiatric service dogs, and miniature horses who are trained as service animals. In the laws referencing public accommodations, Florida doesn’t consider emotional support animals to be service animals, so businesses and public spaces aren’t required to allow ESAs.

Restaurants and patios in Florida

Florida follows the FDA Food Code. Non-service animals are not allowed inside restaurant dining rooms. Local governments may issue permits that allow dogs in designated outdoor dining areas, but these permits do not create public access rights for ESAs.

Service animals and the ADA “two questions”

When it is not obvious what service a dog provides, businesses may ask only two questions: is the dog a service animal required because of a disability, and what work or task the dog has been trained to perform. Emotional support animals do not qualify because they are not trained to perform specific tasks.

Miniature horses

Public accommodations must consider allowing trained miniature horses as service animals and evaluate factors such as the horse’s size and weight, whether the facility can accommodate the type and size of the horse, whether the horse is housebroken and under control, and whether its presence compromises safety requirements.

How to Get a Legitimate ESA Letter in Florida

With Pettable, it’s fast and easy to get a legitimate ESA Letter that meets Florida’s requirements. 

1. Complete Our Assessment

Start by completing our quick online quiz to provide a basic overview of your needs. If you meet the prescreening criteria, you’ll have the chance to select which type of letter you need: housing, travel, or both.

2. Consult With a Therapist

After completing the assessment, you will be able to schedule an appointment with the licensed mental health professional in Florida we match you with. During this evaluation, the LMHP will determine if you qualify for an ESA.

3. Get your Emotional Support Animal Letter

If the LMHP concludes that you are eligible for an emotional support animal, they’ll draft an official ESA Letter that meets federal and state requirements. You can choose rush service to get your letter within 24 hours (California residents excluded).

Pettable pairs you with Florida-licensed or Florida-compliant clinicians who meet the state’s personal knowledge standards and issue documentation that aligns with Florida Statutes section 760.27 and HUD’s assistance animal guidance.

If your ESA Letter does not work for you, we will refund 100% of your payment.

What is an Emotional Support Animal?

An emotional support animal provides comfort to their owner to help alleviate one or more symptoms of an emotional or mental disability. There aren’t any restrictions on what kind of animal can be an ESA. While many people have emotional support dogs and cats, there are also ESA ferrets, snakes, birds, and guinea pigs. Larger animals, including miniature horses, llamas, and goats, can also be ESAs.

An ESA doesn’t need to perform any specific tasks for its owner. The defining characteristic of an ESA is that their presence provides comfort that reduces the effects of a mental illness. 

What is a Service Animal?

The Americans with Disabilities Act defines service animals as “dogs that are individually trained to do work or perform tasks for people with disabilities.” Here are some examples of work service dogs can do:

• Protect a person having a seizure
• Guide a blind person
• Alert a deaf person
• Calm a person during a panic attack

The tasks that a service dog performs must be directly related to their owner’s disability. The ADA doesn’t consider emotional support animals to be service animals.

If you want to get a psychiatric service dog and already have a dog, you may be able to train your pet as a PSD yourself. Training a psychiatric service dog only requires time and the correct knowledge. Pettable’s offers an on-demand, expert-led PSD training program that will provide you with the guidance needed to confidently help your dog complete this training on your schedule. By taking our brief 3-minute assessment you can determine whether PSD training is suitable for your needs.

Difference Between an Emotional Support Animal and a Service Animal

Essentially, the difference between an ESA and a service animal comes down to two things: type of animal and training. Any animal can be an emotional support animal, and an ESA doesn’t need to perform specific tasks. However, the US government says that only dogs with special training can be service animals.

Service animals have more legal protections than ESAs. The Fair Housing Act allows an owner to keep their ESA in their place of residence. Service dogs are protected by the ADA, FHA, and the ACAA, which means they can go pretty much anywhere with their owners.

Breed and weight rules compared to individualized assessment

Under the FHA and HUD guidance, housing providers should not rely on breed or weight restrictions to deny an ESA. The decision must be based on the individual animal’s behavior and any specific risk the animal poses, not on generalizations about a breed. Florida policy also trends toward individualized assessments rather than breed bans, so ESA decisions in housing should be case by case.