Assistance Dogs In Public
Fla. Stat. 413.08 — two questions allowed, no deposit, and a misdemeanor for denying access
In Florida, a person with a disability has the right to be accompanied by a service animal, a dog or miniature horse, in all areas of a public accommodation where the public or customers are normally allowed. Emotional support, comfort and companionship are not work or tasks under the definition.
Two questions, no papers. Documentation that the animal is trained is not a precondition for service, and a business may not ask about the nature or extent of the disability. It may ask whether the animal is a service animal required because of a disability, and what work or tasks it has been trained to perform.
- No deposit or surcharge may be required for the service animal, even where one is required for pets.
- The animal is under the handler's control, on a harness, leash or tether unless the disability or the animal's work prevents it.
- A business may remove an animal that is out of control, not housebroken, or a direct threat, but allergies and fear of animals are not valid reasons to deny access.
Denying or interfering with access is a misdemeanor of the second degree, with 30 hours of community service. The handler is liable for damage only where the business charges others for damage by pets. Whether an animal qualifies is a question for a licensed Florida attorney.
Sources for this section (1)
- Fla. Stat. 413.08 — Rights and responsibilities of an individual with a disability; use of a service animal
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.