Guide to Florida Laws on Service Dogs and Emotional Support Animals
Posted by Denise Stewart on Saturday, November 18th, 2017 at 8:38am.
This is a Guide to Florida Laws on Service Dogs and Emotional Support Animals in the State of Florida
You are looking at a Condo to buy, and there is a sign on the front of the Condo Complex that says "No Dogs Allowed". You have been told by friends that you dog has to be permitted because your Doctor wrote you a letter stating that you need your dog for emotional support, and you also have an Emotional Support Card from an Internet Company that "Certified" that your dog is an Emotional Support Dog. Does the Condo have to let you and your Dog live in the Community? The answer is not necessarily, and it could cost you a bunch to find out.
The rules have been changing in the last 10 years, and many Condo and other Associations are drawing a line in the sand when it comes to allowing pets under Federal Guidelines. There are specific rules that relate to this issue, and there are a multitude of rumors as to the interpretation of the rules.
The bottom line is that there is a legal difference between Emotional Support Animals and Service Dogs, and the difference may mean you not being able to bring your dog on the condominium grounds. Before you sign a contract to purchase a condo in Florida
Most people believe that if they have any type of certification, card, doctor's letter, or other written document that asserts that their pet is an Emotional Support Animal, that a Condominium cannot block them from living in the Condo. While some condominiums will not fight some people yielding these documents, if the condo wants to persist, they have legal grounds to require more certifications.There are certain "Red Flags" that condominiums look for, and most have to deal with people buying "Internet" kits that are sometimes referred to as Emotional Support Dog Kits, that sometime come with Certificates, Vests and Cards that look authentic, but simply do not comply with the law.
Worst of all, there is a Florida Statute making it a CRIME to represent that your Dog is a Service Dog:
florida statute 413.08(9) A person who knowingly and willfully misrepresents herself or himself, through conduct or verbal or written notice, as using a service animal and being qualified to use a service animal or as a trainer of a service animal commits a misdemeanor of the second degree,
So, what is the difference between an Emotional Support Animal and a Service Dog?
This is how Wikipedia defines the 2 differences:
An emotional support animal (ESA) is a companion animal that a medical professional has determined provides benefit for an individual with a disability. This may include improving at least one symptom of the disability. Emotional support animals, typically dogs, but sometimes cats or other animals, may be used by people with a range of physical, psychiatric, or intellectual disabilities. In order to be prescribed an emotional support animal the person seeking such an animal must have a verifiable disability. To be afforded protection under United States federal law, a person must meet the federal definition of disability and must have a note from a physician or other medical professional stating that the person has that disability and that the emotional support animal provides a benefit for the individual with the disability. An animal does not need specific training to become an emotional support animal.
Emotional Support Animal- Wikipedia https://en.wikipedia.org/wiki/Emotional_support_animal
A service dog is a type of assistance dog specifically trained to help people who have disabilities, such as visual impairment, hearing impairments, mental illnesses (such as post traumatic stress disorder (PTSD)), seizure disorder, mobility impairment, and diabetes.
Service dog - Wikipedia https://en.wikipedia.org/wiki/Service_dog
THE OFFICIAL ADA SETS FORTH THE RULES THAT WE HAVE TO LIVE BY...The official rule that can be relied upon in your having the right to have your dog live in a condo with you is found in the American Disabilities Act.
Service Animals: (Taken from the US Department of Justice)
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Overview
This publication provides guidance on the term “service animal” and the service animal provisions in the Department’s new regulations.
- Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.
- A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
- Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.
How “Service Animal” Is Defined
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.
Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the State attorney general’s office.
Where Service Animals Are Allowed
Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. For example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment.
Service Animals Must Be Under Control
Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.
Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals
- When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
- Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
- A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.
- Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
- People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.
- If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.
- Staff are not required to provide care or food for a service animal.
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800-514-0301 (Voice) and 800-514-0383 (TTY)
24 hours a day to order publications by mail.
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to speak with an ADA Specialist. All calls are confidential.
For persons with disabilities, this publication is available in alternate formats.
ADA Website www.ADA.gov
The bottom line is that this issue impacts a lot of people that own or want to own condos in South Florida. There a lot of condos that require strict adherence to the ADA guidelines, so as a buyer or seller of a condo, know your rights!!! - To help those who are unable to afford the cost of a service animal, we are including a guide that breaks down the total costs of obtaining a service dog, and provide a list of several alternative methods for financing these costs.
We also include a list of accredited organizations who provide complete or partial financial assistance for several different causes and individuals in need.
We have included a link to our guide here:
https://www.bankrate.com/personal-finance/how-to- afford-a-service-dog/
If you have questions with respect to your rights, or condos that are pet friendly, call Denise Stewart at 954 881 9148 or email denise@condo.net .
