An emotional support animal, or ESA, can help alleviate symptoms of a debilitating mental health condition. Unlike service dogs, these animals do not need to be trained. Instead, they offer therapeutic relief through affection, companionship, and devotion. ESAs can also bring a sense of consistency and stability to an individual’s life, which can help mitigate anxiety and stress.
Emotional support animals are granted certain legal protections in Florida, but you are required to undergo an ESA assessment and obtain an ESA letter to benefit from them.
In this post, we’ll provide an overview of the ESA process in Florida. We’ll also touch on the legal protections they receive and how they differ from service animals.
How Do ESAs Differ From Service Animals?
Before we delve further, it’s important to distinguish between emotional support animals and service animals.
A service animal is a type of working animal that has been trained to perform disability-related tasks, such as allergy detection, balance assistance, or deep pressure therapy. They are also trained to have impeccable public access skills since their role typically requires them to be by their owner’s side at all times.
Under the Americans with Disabilities Act (ADA), only dogs (and sometimes miniature horses) can be classed as service animals. However, no breed, age, or size restrictions are in place.
In comparison, ESAs are companion animals who provide therapeutic support solely through their physical presence and companionship. They aren’t considered working animals under most federal laws, like the ADA, because they aren’t trained for their role. Any animal can also gain legal status as an emotional support animal — yes, even tarantulas and alpacas.
ESAs and service animals have different legal privileges due to this distinction. Service animals in Florida are granted public access rights, housing rights, travel privileges, and reasonable accommodation within the workplace.
Emotional support animals receive fewer legal privileges. However, they are granted the same housing rights as service animals, which we’ll touch on below.
What Legal Protections Do ESAs Receive in Florida?
Emotional support animals are protected under the Fair Housing Act (FHA) federal law and Florida’s own state law, the Florida Fair Housing Act (FFHA). Under these laws, emotional support animals are granted additional housing protections to ensure they can always live with their owners. These protections include:
- Landlords are prohibited from denying housing to individuals with ESAs, even if they have no-pet policies in place.
- Emotional support animals are exempt from pet-related housing fees, such as pet rent and pet security deposits.
However, be mindful that an ESA can be denied these legal privileges if they’re destructive, endanger others, or cause significant property damage. You will also be liable for any damage your ESA does to the property.
Who Can Qualify for an ESA in Florida?
Anyone with a diagnosed emotional or mental disability that affects at least one major aspect of their life can qualify for an ESA in Florida. This includes disabilities such as:
- Generalized Anxiety Disorder (GAD)
- Bipolar disorder
- Post-Traumatic Stress Disorder (PTSD)
- Obsessive-Compulsive Disorder (OCD)
However, you are also required to undergo an ESA assessment with a licensed mental healthcare professional (LMHP)
How Do I Make My Pet an ESA in Florida?
Even if you meet the initial criteria above, you’ll still need to partake in an assessment before your pet can be legally recognized as an ESA. The assessment must be done by a mental healthcare professional who is licensed to practice in Florida.
During the assessment, you will need to discuss your disability in detail, including the symptoms you struggle with and how they affect your day-to-day life. You will also need to advocate for yourself and explain why you feel an ESA would be beneficial to your emotional well-being and help you better manage your symptoms.
If the LMHP determines that an ESA should be a part of your treatment plan, they will provide you with an ESA letter. This is an official document that states you have a diagnosed disability and have been prescribed an ESA as part of your treatment. Once you have a valid ESA letter, you and your pet can then benefit from the housing legal privileges.
Misrepresenting a Pet as an Emotional Support Animal
While it may be tempting to simply pass off your pet as an ESA instead of going through the necessary legal process, doing so can have serious legal repercussions. This is because Florida recently passed a bill that makes misrepresenting a pet as an ESA a second-degree misdemeanor.
Those who are found in breach of this law can be punished with a $500 fine, community service, and even jail time (up to 60 days).
Get an ESA Letter in Florida Today
Making your pet an ESA in Florida can be difficult and time-consuming, but you don’t have to go through this journey alone. The legal experts at US Service Animals can offer guidance and walk you through the emotional support animal registration process. They can also get you in touch with an LMHP who is licensed to practice in Florida.
