Getting an emotional support animal (ESA) letter for your companion animal is important, as ESAs have protected rights that set them apart from regular pets. Florida state law upholds federal laws governing ESA rights, and it’s important to understand your ESA’s rights if you are considering adding one of these invaluable friends to your treatment plan.
In this article, you will learn about emotional support animal laws in Florida. We give you details on emotional support animals, how to make your companion animal a valid ESA, and the laws you need to know about ESAs in Florida.
What Is an Emotional Support Animal in Florida?
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 they may be qualified to be an official ESA.
ESAs don’t have to be professionally trained. In Florida, you only need an ESA letter from a mental health professional licensed in the state to prove that your pet is a part of your treatment plan.
ESAs are meant to help with mental health conditions like anxiety, depression, chronic stress, PTSD, panic attacks, and more. The routine, comfort, and companionship these animals provide help to relieve certain negative feelings and symptoms, in addition to keeping owners active.
Your ESA can be any animal legally owned in Florida – they don’t need to be a traditional companion animal like a cat or a dog.
What Is an ESA Letter in Florida?
An ESA letter is 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. You will use your official ESA letter to request housing accommodations, something we touch on below.
What’s the Difference Between an ESA and a Service Animal?
As the name indicates, an emotional support animal is a companion animal that 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), and they can only be dogs or, sometimes, miniature horses. ESAs can be any animal legally owned in Florida that benefits your mental health.
How to Get an ESA Letter in Florida
An ESA letter grants certain rights and accommodations for people with mental health conditions who need the assistance of their ESA.. Without this document, landlords can deny your pet from moving into an apartment with you if you are trying to rent in a no-pet or breed-restricted building.
To get an ESA letter, you must speak to a mental health professional, such as a psychiatrist, psychologist, or therapist licensed in Florida. Let them know about your condition and how your pet provides emotional support.
After assessing your mental condition, the mental health professional will determine whether having an emotional support animal is a good idea for your specific treatment plan. If approved, your provider will write 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 to request reasonable housing accommodations as needed.
Note that you also have the option to register your pet as an ESA with an online registry, but this is not necessary. The only legal requirement for your ESA to be valid 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.
Emotional Support Animal Laws in Florida
Emotional support animal laws in Florida are essential to understand if you want to add one of these supportive animal friends to your treatment plan. Below, we give you more details about your ESA rights in Florida.
Emotional Support Animal Housing Laws in Florida
The Fair Housing Act (FHA) prevents discrimination in housing based on race, color, religion, sex, national origin, 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. You are also not required to pay any extra pet fees, pet rent, or pet-related deposits with a valid ESA.
The FHA applies to almost every form of housing, whether it’s for sale or rent, except for certain buildings. For example, buildings where the landlord lives in the building and there are four or fewer units rented are exempt from following FHA ESA laws.
You will need your valid Florida ESA letter to request housing accommodations in the state.
Emotional Support Animal Air Travel Laws in Florida
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, which are the benefits that service animals receive.
Unfortunately, the law was amended in 2020, and it no longer covers ESAs. Before this, however, airlines couldn’t charge people an extra fee for flying their ESA with them, and ESAs had to be allowed in the airline cabin.
Today, the ACAA only covers service animals. If your pet isn’t a service animal, 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.
Expect your ESA to be treated like a pet and to pay pet fees or adhere to pet air travel rules when flying to and from Florida with your ESA.
Emotional Support Animal Public Access Laws in Florida
When it comes to public access rights, emotional support animals do not have the same rights as service animals.
Under the Americans with Disabilities Act (ADA), service animals are allowed to accompany their owners just about anywhere in public, including into businesses, government buildings, malls, workplaces, public transportation services, and restaurants.
Unfortunately, ESAs do not have these same rights, and your ESA can only accompany you into public or pet-friendly public areas.
Keep in mind that you may be able to request accommodations from businesses and take your ESA with you into a store or onto a restaurant patio. Always check ahead of time with a business’s specific policies to ensure you know what your rights are when going into public with your ESA.
FAQs About Emotional Support Animal Laws in Florida
Below, we answer some common questions about emotional support animal laws in Florida.
Where Can I Get an ESA Letter in Florida?
To get an ESA letter, you need to consult with a mental health practitioner licensed in Florida. You’ll have to tell them about your mental health condition and how your pet provides you with emotional relief.
If you aren’t currently connected with a licensed mental health practitioner in Florida, we can help. Fill out our ESA consultation form and a mental health professional licensed in Florida will reach out to you for an evaluation.
Once they have determined that your pet qualifies as an emotional support animal, and an ESA is right for you, they’ll issue you an ESA letter.
Can My Pet Become an ESA Without an ESA Letter in Florida?
No, without an ESA letter, your companion animal 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 to make your companion animal valid.
How Much Does an ESA Letter Cost in Florida?
The cost of an ESA letter depends on your specific health insurance and the cost of an appointment with a mental healthcare provider.
ESA letters will be free when prescribed by a licensed provider – the cost is the appointment fee, and this can range from $0 to $150 or more depending on your specific situation.
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 will likely be approved for an ESA in your treatment plan.
Is My ESA a Service Animal?
Service animals and ESAs are two different types of assistance animals.
A service animal requires specialized training to perform a specific task and must be a dog or a miniature horse, while ESAs don’t need training and can be any species of animal.
ESAs have more limited legal protections, with the main benefit of a valid ESA being protected housing rights.
Keeping Your ESA Rights in Mind in Florida
If your pet helps you feel better emotionally, you should get an ESA letter as soon as possible to make your pet a valid emotional support animal.
Speak to your mental healthcare provider to discuss your mental healthcare condition and your needs when it comes to adding an ESA to your treatment plan.
We recommend taking note of the laws in our article governing your ESA rights so that you can understand your rights and what you can – and can’t – do with your valid ESA at your side.