Registering your pet as an emotional support animal (ESA) is important as it has many benefits. ESAs are protected under multiple laws, some of which differ by state. Fortunately, you don’t need to train your pet to become an ESA (unlike a service animal that requires training).
In this article, you will learn about emotional support animal laws in Florida. Let’s first look at what an ESA is, how you can get your pet registered as an ESA, and what privileges you and your pet can enjoy.
What Is an Emotional Support Animal?
An emotional support animal, or ESA, is a pet that alleviates symptoms associated with mental health conditions. If you have a dog that helps you feel better when you’re depressed or anxious, then it’s qualified to be an ESA.
ESAs don’t have to be professionally trained. In Florida, you only need an ESA letter from a mental health professional to prove that your pet is part of your treatment plan.
These pets are meant to help with mental health conditions like anxiety, depression, chronic stress, PTSD, panic attacks, and more. If you suffer from any of these conditions and your pet helps you feel better, then you’ll have no problem getting an ESA letter. However, speaking with your mental health professional first is best practice.
What Is an ESA Letter?
An ESA letter is exactly what it sounds like. It’s a letter issued by your mental health professional that explains your mental health condition and how your pet’s presence provides therapeutic benefits.
The letter should also contain information about your pet, including its breed, weight, size, and any other detail relevant to its role as an ESA.
How to Register Your Pet as an ESA
If you’ve never done it before, then it can seem like a daunting task. There’s no training or certification required in Florida. You only need an ESA letter from a licensed mental health professional. Even if you register your pet with an online registry, you still need a letter to confirm its status as an ESA.
Luckily, the process is the same, no matter which state you’re in. An ESA letter grants certain rights and accommodations for people who suffer from mental health conditions. Without it, landlords can deny your pet from moving into an apartment with you. Airlines can refuse to let your pet fly with you on a plane.
To get an ESA letter, you must speak to a mental health professional such as a psychiatrist, psychologist, or therapist. Let them know about your condition and how your pet provides emotional support. Remember to be open and honest about your experiences.
After assessing your mental condition, the mental health professional will determine whether having an emotional support animal can be a part of your treatment plan. They’ll issue you an ESA letter explaining your condition and verifying the legitimacy of your pet’s status as an ESA.
You can show this letter to landlords, airlines, and restaurants to request reasonable accommodations for your pet.
Note that you also have the option to register your pet as an ESA with an online registry, but the only legal requirement in Florida is to obtain an ESA letter. However, registering your pet will get you an “animal ID card” and a certificate verifying your pet’s status as an ESA.
Registering your pet has some other benefits as well. For example, most registries have on-staff attorneys who will always be there to help you deal with legal matters. Many registries also help connect people to licensed mental health professionals at a discounted rate.
What’s the Difference Between an ESA and a Service Animal?
As the name indicates, an emotional support animal is a companion animal that only provides emotional comfort to people suffering from mental health challenges such as anxiety and depression.
Service animals, on the other hand, are specially trained to perform specific tasks for people with disabilities. These tasks include things like guiding people with visual impairments and alerting people if their owner is unconscious.
Unlike ESAs, service animals don’t require any sort of letter or certification. They only need to be trained for the task they’re required to perform. Service animals are protected under the Americans with Disabilities Act (ADA).
Emotional Support Animal Laws
Two federal laws address the rights of people who have emotional support animals. These are:
- Fair Housing Act (FHA)
- Air Carrier Access Act (ACAA)
Let’s take a look at each of these in detail:
1. Fair Housing Act (FHA)
The Fair Housing Act (FHA) was passed in 1969 to prevent discrimination in housing based on race, color, religion, sex, and national origin. In 1988, it was amended to include discrimination based on familial status and disabilities.
According to this law, landlords can’t refuse reasonable accommodation to people who have an emotional support animal, even if the property has a no-pet policy in place.
It refers to emotional support animals as “assistance animals.” These can be dogs, cats, or other animals that provide support. They don’t need to be trained, and the physical/emotional service they provide is what qualifies them as assistance animals.
The FHA applies to almost every form of housing, whether it’s for sale or rent, except “buildings with four or fewer units where the landlord lives in one of the units” and “private owners who do not own more than three single-family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements.”
You are required by law to request reasonable accommodation from the landlord in writing if you want your ESA to live with you. The request will explain how the reasonable accommodation will help you, and it should also include the ESA letter you obtained from your mental health professional.
In case it’s not possible for the landlord to provide the requested reasonable accommodation because they deem it unreasonable, then they can give another accommodation, but you have the right to reject it if you feel it doesn’t adequately address your needs.
Landlords can’t charge you any extra fee because of your pet if it’s an ESA, and they also can’t impose any breed or size restrictions. Just make sure your ESA doesn’t cause any damage to the property because that’s not covered under the FHA.
2. Air Carrier Access Act (ACAA)
The Air Carrier Access Act (ACAA) was passed in 1986 to prevent airlines from discriminating against people with disabilities. According to this law, people with ESAs could have their pet fly with them in the cabin without having to pay anything extra.
Unfortunately, the law was amended in 2021, and it no longer covers people with ESAs. Before 2021, however, airlines couldn’t charge people an extra fee for flying their ESA with them.
Now, the law only covers service animals, which are different from ESAs because they have been professionally trained to perform a specific task.
If your pet isn’t a service animal, then it’s best to check the policies of the airline you’re flying with. Each airline has its own rules and regulations when it comes to traveling with ESAs and pets in general. Understanding these rules will result in a smoother journey.
One of the best airlines is Delta Airlines. For in-cabin pets, they charge a fee of $125 (one-way), and cargo prices range from $200 to $375, depending on where you’re headed.
Emotional Support Animal Laws in Florida
As mentioned above, emotional support animal laws vary by state. In Florida, just like every other state in the U.S., you’re required to get an ESA letter from a licensed mental health professional.
The federal Fair Housing Act (FHA) also applies in Florida, meaning landlords or “housing providers” are legally required to provide reasonable accommodation to people with ESAs. They can only deny a request for reasonable accommodation if the pet “poses a direct threat to the safety or health of others or poses a direct or physical damage to the property of others.”
In case a person’s disability isn’t readily apparent, landlords can ask for more information. For example, an ESA letter from a mental health practitioner. If the practitioner is from another state, then they must have provided in-person care to the pet’s owner at least once in the past.
You can request to keep more than one ESA, but the landlord will ask for additional documentation and the purpose of each pet. An ID card or certificate in Florida isn’t enough to qualify your pet as an ESA. You must have an ESA letter, and landlords can also ask for proof of compliance with state and local requirements for vaccination of the ESA.
If your ESA causes damage to the property or to another person, then you may be held responsible for any liabilities.
In Florida, you’re not allowed to take your ESA to bars and restaurants, and some airlines allow your pet to fly in the cabin if you have an ESA letter.
Florida passed a law in 2020 according to which landlords can’t pry into your mental health details or reject you if you choose not to talk about your disability. According to this law, you can get into legal trouble if you misrepresent your dog as an ESA. It’s considered a second-degree misdemeanor, and you can be fined up to $500. It’s punishable by 60 days in jail and 30 hours of community service. That’s why we recommend that you consult with your doctor to get a legitimate ESA letter.
FAQs
Below, we have answered some common questions about emotional support animal laws in Florida that are frequently asked by people:
Does my pet need to be registered with an online registry in Florida?
No, you’re not legally required to register your pet as an ESA in Florida. The only thing you need to do is get an ESA letter from a mental health professional in your state. This letter is what you’ll have to show to landlords and airlines.
What laws provide protection for ESAs in Florida?
The Fair Housing Act (FHA) and the Airline Carrier Access Act (ACAA) are the two laws that apply in Florida. The former gives your ESA to live with you in an accommodation, and the latter allows you to travel with your ESA on airlines. However, the ACAA was amended and now doesn’t include ESAs. There are some airlines in Florida, though, that allow ESAs.
Where can I get an ESA letter in Florida?
To get an ESA letter, you need to consult with a mental health practitioner. You’ll have to tell them about your mental health condition and how your pet provides you with emotional relief. Once they have determined that your pet qualifies as an emotional support animal, they’ll issue you the letter.
Can my pet become an ESA without an ESA letter in Florida?
No, without an ESA letter, your dog won’t be considered an ESA in Florida. Misrepresenting your pet as an ESA can have legal consequences, potentially leading to a fine of $500. It’s very important that you talk to a mental health professional if you need an ESA letter.
How much does an ESA letter cost in Florida?
The cost of an ESA letter depends on the doctor you consult. While some will do it for free, others will charge anywhere between $50 to $200 for the evaluation and paperwork. Note that if it seems excessively high, then it’s very likely a scam. We recommend reading reviews to make sure the mental health practitioner you’re seeing is legitimate.
Does an ESA require training in Florida?
No, ESAs don’t require any sort of training in Florida. You only need an ESA letter from a licensed mental health professional. If you can prove to the doctor that your pet helps you feel better and contributes to your emotional well-being, then you’ll easily get the ESA letter.
Is my ESA a service animal?
No, a service animal is different from an ESA. The former requires specialized training to perform a specific task and is protected under different laws. The latter doesn’t need any training and has more limited privileges.
Can I stay in any accommodation with my ESA in Florida?
Yes, the Fair Housing Act (FHA) gives your ESA the right to live with you in any form of housing. You’ll have to request reasonable accommodation from the landlord. This will involve showing them an ESA letter.
Get Your ESA Letter in Florida
If your pet helps you feel better emotionally, then you should get an ESA letter as soon as possible. To avoid complications, you should avoid seeing a mental health practitioner from another state if you’re in Florida.
There are mainly two main laws you should know about: the Fair Housing Act and the Air Carrier Access Act. Unfortunately, the latter was amended and doesn’t include ESAs anymore, but there are still some airlines in Florida that let your pet fly with you if you have an ESA letter.
The FHA gives you and your ESA certain privileges, such as the right to live in a property without paying an extra fee for your pet. Landlords can’t deny you reasonable accommodation in Florida, but they can make you pay for any damages caused by your pet to the property or to other tenants in the building.
Understanding these laws will ensure that you and your ESA can make informed decisions regarding housing and air travel. Get your pet registered as an ESA today so your furry friend can join you wherever you go.