I’ve been a licensed mental health counselor in Florida since 2018, and a lot of my week goes to explaining the same handful of rules. Landlords get them wrong, websites get them wrong, and the people caught in the middle are usually already stressed. As someone whose own dog is family, I don’t want anyone giving up an animal over a misunderstanding. Here is what Florida law actually says, in plain language.
The short version: Florida protects your right to live with an emotional support animal through Florida Statute §760.27, which took effect July 1, 2020 and works alongside the federal Fair Housing Act. It covers housing only. It doesn’t cover stores, restaurants or airlines.
The law in one paragraph
In 2020, Florida passed SB 1084, which created §760.27 for housing and §817.265 for ESA fraud. It confirmed that people with a disability-related need can keep an ESA in their home, even where pets aren’t allowed, without paying extra for the animal. It also spelled out what documentation a housing provider can ask for, and it made clear that online registrations and certificates don’t count as proof on their own.
Who has to follow it
The law applies to any “housing provider” covered by the Fair Housing Act. That includes apartment complexes, individual landlords, condo associations, HOAs, and most college housing. If you own a condo, your association is bound by it too; see ESA Letters and Florida Condo/HOA Rules. Students can read ESA Letters for Florida College Students.
What a housing provider may ask for
If your disability isn’t obvious, the provider can ask for reliable information that supports it. If your need for the animal isn’t obvious, they can ask for information showing how that specific animal helps you. The most common way to provide both is a letter from a licensed practitioner.
That letter counts as reliable when the practitioner has personal knowledge of your disability and is working within their scope of practice. Florida-licensed clinicians can see you in person or by telehealth. An out-of-state practitioner generally needs to have provided in-person care to you at least once. Practitioners who write letters without personal knowledge can face discipline from their licensing board, which is one more reason to avoid instant-letter websites.
A provider may also:
- Ask about the specific need for each animal, if you have more than one.
- Require proof that each animal meets state and local licensing and vaccination rules.
- Deny an animal that poses a direct threat to people or property, if no other reasonable accommodation can reduce that threat.
What a housing provider may not do
- Charge pet deposits, pet rent or pet fees for an ESA.
- Ask for your diagnosis, how severe it is, or your medical records. You can share them if you choose.
- Require a specific form or a notarized statement.
- Deny your request only because you didn’t use their standard process.
- Apply pet breed or weight limits to an ESA. Under federal fair-housing rules, a denial has to be based on the individual animal’s actual behavior, not its breed.
You’re still responsible for your animal. Florida law makes you liable for any damage it does to the property or to another person there. In my experience, a well-behaved ESA is the best argument any tenant can make.
ESA fraud is a crime in Florida
Under Florida Statute §817.265, it’s a second-degree misdemeanor to falsify ESA documentation, knowingly provide fraudulent documentation, or misrepresent yourself as having a disability-related need for an ESA. A conviction also carries 30 hours of community service with an organization that serves people with disabilities. A second-degree misdemeanor in Florida can mean up to 60 days in jail and a $500 fine.
There’s a separate law, §413.08(9), for misrepresenting a pet as a service animal. It carries the same misdemeanor level and the same 30 hours of community service. Putting a “service dog” vest on an ESA to get into a store falls under that one.
I take this seriously because fake letters make life harder for every honest client I have.
Where ESAs are and aren’t protected
| Setting | Is your ESA protected? | What applies |
|---|---|---|
| Rental housing, condos, HOAs | Yes | Fla. Stat. §760.27 and the Fair Housing Act |
| College housing | Usually yes | Fair Housing Act; see the college students post |
| Airline cabins | No | Since 2021, airlines may treat ESAs as pets; see Can You Fly With an ESA? |
| Stores and restaurants | No | Only trained service dogs (and miniature horses) have public access |
| Work | Maybe | Your employer may need to consider it as a reasonable accommodation; see ESAs at Work in Florida |
| Hotels, rentals and cruises | Generally no | Pet policies apply; see Traveling in Florida With an ESA |
If your landlord says no
Stay calm and put everything in writing. Send the landlord a copy of your letter and a link to §760.27, and offer to have your clinician take a verification call. If they still refuse, you can file a complaint with HUD or the Florida Commission on Human Relations. My step-by-step guide is here: What to Do If Your Landlord Denies Your ESA Letter.
Need a letter that holds up?
If you’re ready, my guide to getting an ESA letter in Florida walks through the process. Or call me at (727) 344-9930. I’d rather spend ten minutes answering your questions than have you lose your home over a misunderstanding.
— Jay Charboneau, MS, LMHC, CAP
This article is general information, not legal advice. If you’re facing an eviction, talk to a Florida fair-housing attorney.
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:
Frequently Asked Questions About ESAs in Florida
The law doesn’t set an expiration date. Many landlords ask for one dated within the last year, so I suggest renewing at lease time. See ESA Letter Expiration.
Yes, and I’m glad to confirm that I wrote it. I won’t share your diagnosis or records without your permission.
Yes. Your letter should explain the need for each animal, because Florida law lets the housing provider ask.
No. Florida law says a registration, ID card or certificate from the internet isn’t enough proof on its own. See Emotional Support Animal Registration.
Some employers may engage in an ‘interactive process’ — a discussion between you and HR about whether accommodating the animal would cause undue hardship — even though it isn’t legally required
