Under HUD an ESA is defined as an animal companion that offers some type of benefit to an individual with some form of disability. The animal is intended to provide companionship and support that will help alleviate at least one aspect of the disability.
ESA's are covered under HUD and FHA only.
*They are no longer covered under Department of Transportation (DOT)
Therapy animals (TA) are animals that are trained to go into nursing homes, schools, hospitals and treatment centers. They are specifically trained to help others through emotional connections. Many programs offer certification through their training courses. Therapy animals are NOT covered under any federal or state laws.
Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability. Occasionally a miniature horse is classified as a service animal. No other animals are recognized. Service animals in training are not covered by the ADA but may be covered under the individual state law.
Department of Housing and Uban Development/Fair Housing Act
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Emerald Coast Animal Hosptial 850-243-5080
Florida laws pertaining to Service Dogs (SD's)
Federal Americans with Disabilities Act (ADA)
Flying with a service dog
**Just because a business doesn't ask doesn't mean it's okay.
Service dogs come in all shapes and sizes and every breed is allowed to be a service animal (in the USA). This can make it hard for a business to know how to verify a dog entering their business is truly a service dog or a pet.
Per the ADA:
"In situations where it is not obvious that the dog is a service animal, staff may ask only two specific 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 are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person’s disability."
But what if they aren't vested?
Legally they do not need to have papers or a vest. When it is not clear if the dog is a service animal refer to the 2 allowed questions.
What about paperwork, certification or registration.
It is not legally required to have an ID, paperwork or certification. There is no legit registration. Many online registrations look very professional, but none are valid, and all are scams.
Keep in mind many service dogs that come from a program (the dog is trained for the disabled person) do provide ID,s vests or paperwork but it is not legally required and illegal for a business to ask for.
When can a Service animal be excluded?
Per the ADA
" The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public. Nor does it overrule legitimate safety requirements. If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited. In addition, if a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded. "
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