Emotional support animals are valuable to many different people, and these  animals provide a constant sense of comfort and companionship to their owners.

Many states have laws protecting emotional support animals and their owners, and  these laws typically uphold federal protections for emotional support animals. If  you live in Florida, it is important to understand the most recent addition to the  state’s emotional support animal laws. Our article tells you more.

What Is an Emotional Support Animal?

An emotional support animal (ESA) is an animal that provides comfort to its  owners. An emotional support animal can be any kind of animal, though most  people choose common pets like dogs, cats, and rabbits, and these animals are not  trained to help the individual as a service dog would be.

For example, an ESA dog provides comfort, companionship, and routine to their  owners, helping them to deal with negative emotions and other symptoms of their  disability or mental health condition. A service dog, on the other hand, performs  tasks directly related to their handler’s disability, like retrieving items from the  ground or barking to alert when the phone rings.

Emotional support animals are granted a different set of rights than service animals  due to the different purposes they serve, and the only federally and state-protected  laws for emotional support animals are housing laws. The Fair Housing Act (FHA)  works to prevent discrimination and housing denials for individuals who must live  alongside their emotional support animal in order to manage the symptoms of their  disability.

Florida’s New Emotional Support Animal Law

The most recent Florida bill passed in the state outlines emotional support animal  laws and places more restrictions on individuals who seek to abuse the system set  in place to protect those with legitimate disabilities and conditions that require the  use of an emotional support animal.

The basics of Florida’s emotional support animal laws in this bill include:

• A person who falsifies an ESA letter or another document stating that they  have a disability will pay a fine of $500 and serve up to 60 days in jail; this  is a second-degree misdemeanor in the state
• The person found to falsify documents will also need to serve 30 days of  community service to an organization that supports individuals with  disabilities
• Housing providers may deny emotional support animals that act as a threat  or health and safety hazard to others when another reasonable  accommodation would not resolve this threat or hazard
• Landlords may request written documentation from an individual’s treatment  provider outlining their need for an emotional support animal
• The individual with the emotional support animal is required to comply with  local and state-level requirements in regard to vaccination and any  applicable licensing

These laws are established to counteract falsified ESA letters and ESA letters that  have simply been printed off the internet. The law allows landlords to request more  information about a person’s need for an emotional support animal from the  person’s treatment provider and to refuse supposed emotional support animals  housing access if they are not valid ESAs.

How Do I Get an Emotional Support Animal in Florida?

If you believe that you would benefit from an emotional support animal in Florida,  you will need to speak to a mental healthcare or medical provider licensed in the  state as your first step. Your provider will evaluate your condition and your need  for an emotional support animal, and they will provide you with a letter that states  your need for an ESA.

Once you have this letter and an established relationship with your provider, you  can use the letter to apply for housing and show your landlord or property manager  that you need to take advantage of your protected ESA housing rights.

Your landlord is allowed to request more information from your treatment provider  regarding the confirmation of your condition and need for ESA support, but they  are not directly allowed to ask you about your disability or ask you to prove  anything with your emotional support animal.

Understanding Your ESA Rights

Emotional support animals are valuable companions to many, and if you need an  ESA’s support, it’s important that you also understand the laws and restrictions  placed on emotional support animals where you live. In Florida, state laws uphold  federal laws that protect emotional support animal owners from discrimination, but  it’s important to ensure your ESA is valid in the state of Florida and that you are  following all state laws in order to keep your support animal by your side.