Emotional Support Animal Letters – Q&A
Frequently Asked Questions About ESAs in Florida – Jay can help.
Florida has its own law for emotional support animals in housing: Florida Statute 760.27. It explains what a landlord or HOA can ask for, what they can’t, and what makes an ESA letter valid. The answers below are based on that law, including what changed after HUD withdrew its federal ESA guidance in May 2026. Every letter from Florida Pet ESA is written by Jay Charboneau, a mental health counselor licensed in Florida (License MH15843), after a real evaluation. Have a question that isn’t covered here? Call Jay at (727) 344-9930.
An emotional support animal (ESA) helps a person with a mental or emotional disability through its companionship and presence. Unlike a service animal, an ESA doesn’t need special training. Florida Statute 760.27 lets a person with a disability-related need keep an ESA in housing as a reasonable accommodation, without paying extra for the animal. To qualify, you need an evaluation by a licensed health care practitioner with personal knowledge of your condition.
You need a letter from a licensed practitioner who knows your condition, not a registration. Florida law says an online registration, ID card or certificate is not, by itself, enough. Your landlord can also ask for proof that your dog meets state and local licensing and vaccination rules.
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. These tasks can include things like pulling a wheelchair, guiding a person who is visually impaired, alerting a person who is having a seizure, or even calming a person who suffers from Post-Traumatic Stress Disorder. The tasks a service dog can perform are not limited to this list. However, the work or task a service dog does must be directly related to the person’s disability. Service dogs may accompany persons with disabilities into places that the public normally goes.
An emotional support animal, usually a dog or cat, helps its owner through companionship rather than trained tasks. Unlike a service dog, an ESA has no right to enter stores, restaurants or other public places, and airlines no longer have to accept ESAs. In Florida, ESAs are recognized in housing under Statute 760.27.
Yes. Florida’s law doesn’t limit ESAs to cats and dogs. A housing provider can deny a specific animal only if it poses a direct threat to others’ safety or health that another accommodation can’t reduce, and can require proof the animal meets licensing and vaccination rules. Less common animals draw more questions, so talk with Jay about your situation before you apply.
No. Under Florida law, an ESA does not need training to do work or perform tasks. Since May 2026, though, HUD generally pursues federal complaints only for individually trained animals. If a landlord denies an untrained ESA, the main route is now a complaint to the Florida Commission on Human Relations.
Florida’s ESA law applies to housing providers covered by the federal Fair Housing Act or Section 504 of the Rehabilitation Act. That includes most apartments, condos, HOAs and rental homes. Some housing is exempt, such as certain small owner-occupied buildings and some single-family homes rented by the owner without an agent. You can read the law on the Florida Senate’s website.
Start by asking your landlord in writing. If your disability or your need for the animal isn’t obvious, the landlord may ask for reliable information, such as a letter from a licensed practitioner with personal knowledge of your condition. Under Florida law:
* The letter can come from a Florida-licensed practitioner or a registered telehealth provider.
* An out-of-state practitioner’s letter counts only if they have given
* The landlord can’t require a specific form or a notarized statement
* An online registration or certificate isn’t enough on it’s own
A letter from Jay, licensed in Florida (MH15843), meets these requirements
No. Florida law says a housing provider may not ask for your diagnosis, the severity of your disability, or your medical records. You can share them if you choose, but you don’t have to.
Under Florida law, a landlord can deny an ESA only if that specific animal poses a direct threat to others’ safety or health that another accommodation can’t reduce. That’s a judgment about your animal, such as a history of attacks, not its breed. HUD’s rule that breed, size and weight limits can’t apply to ESAs was part of the guidance withdrawn in May 2026, so some landlords may push back. Keep every request and response in writing.
On May 22, 2026, HUD permanently withdrew its federal guidance on emotional support animals. HUD now generally pursues Fair Housing Act complaints only when the animal is individually trained to perform disability-related tasks. The Fair Housing Act itself hasn’t changed, courts aren’t bound by HUD’s new position, and Florida Statute 760.27 remains in force.
Florida law says you can’t be required to pay extra for an approved ESA. You’re still responsible for any damage your ESA causes, and your landlord can deduct repair costs from your regular security deposit, as with any other tenant damage.
Not as an ESA. Since January 2021, U.S. airlines no longer have to accept emotional support animals, and most treat them as regular pets with pet fees. Only trained service dogs, including psychiatric service dogs, fly in the cabin free, with the U.S. DOT service animal form.
Ask for the reason in writing and keep copies of every request and response. You can file a housing discrimination complaint with the Florida Commission on Human Relations, generally within one year of the denial. Disability Rights Florida or a fair housing attorney can also advise you.
Yes. Under Florida Statute 817.265, falsifying ESA documentation or knowingly misrepresenting a need for an ESA is a second-degree misdemeanor with 30 hours of required community service. Florida can also discipline practitioners who write ESA letters without personal knowledge of the person’s condition. That’s why Jay evaluates every client before writing a letter.
More Common Questions can be found in our Blog
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Meet Your Florida-Licensed ESA Letter Provider
Jay Charboneau MS, LMHC, CAP
Licensed Mental Health Counselor – MH15843
Issue Date – 03/26/2018
Renewal Date – 03/31/2027
Phone Number: (727)344-9930
Email: jaycharboneau@gmail.com
About Jay
Hi, I am Jay Charboneau. I live, work, and practice in Saint Petersburg Florida. I am an educator and lifelong advocate of the rights of those suffering from mental health disorders. As a dog lover myself, I understand the emotionally soothing and healing benefits of having your pet with you. Don’t hesitate to call me if you have any questions about your mental health or an emotional support animal.
ESA Letters Across Florida
Florida Pet ESA serves clients statewide, including: