Service animals
are allowed in all Florida establishments.
The Florida statutes address the issue of service animals in several areas. There are provisions for service animals in the statutes that cover traffic, social welfare and vocational rehabilitation. The statutes also speak to the protection of service animals and the places where they may go.
Dogs are not the only service animals who enjoy protection under the law. Lesser known are horses and monkeys, also being employed as service animals.
Traffic Laws
The statute that discusses traffic issues is: Title XXIII. Motor Vehicles (Chapters 316-325). Chapter 316. State Uniform Traffic Control.
It states that drivers who see a pedestrian who is impaired must stop. The driver will know that the person is impaired by an obvious sign of the impairment such as a guide or service dog, wheelchair or white cane.
Social Welfare
Not all service animals are dogs; horses and primates are also sometimes trained to be a service animal.
Social welfare is another area where the use of service or guide dogs is addressed in the Florida statutes under: Title XXX. Social Welfare (Chapters 409-434) Chapter 413. Vocational Rehabilitation. Part I. Blind Services Program.
People who need a service dog may not be discriminated against. This is meant to ensure that people who rely on service dogs have the same rights as anyone else when it comes to housing, vocational or educational studies, and employment. An employer seeking to hire someone cannot consider the presence of a service dog. If an employer decides not to offer a qualified candidate a job because he has a service animal, he may be charged with a misdemeanor.
Those who have a service dog may not be denied their choice of housing either. A rental property that does not allow dogs must, under this statute, make an exception for service animals. This includes hotels. Pet deposits must be waived for service animals.
Service Animals Defined
According to the Florida statutes, a service animal "means an animal that is trained to perform tasks for an individual with a disability. The tasks may include, but are not limited to, guiding a person who is visually impaired or blind, alerting a person who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting a person who is having a seizure, retrieving objects, or performing other special tasks. A service animal is not a pet."
The definition does not only cover dogs, it also covers primates, such as the ones trained by a Boston, Massachusetts organization called "Helping Hands Monkey Helpers." There are also organizations whose volunteers train miniature horses to serve service animals. One such organization is the North Carolina-based Guide Horse Foundation. These alternate animals are the preferred choice for equine enthusiasts (in the case of horses), people with dog allergies or phobias, and those who prefer an animal with a longer lifespan so as to avoid the grief of losing a trusted friend.
Protection of Service Animals
According to the Florida statutes, service animals are not pets and are entitled to a higher degree of protection than do pets. Florida Statute 828.012 prohibits animal abuse to all animals including pets. However, F.S. 413.081 deals specifically with interference with or injury to a service animal. Where most animal cruelty crimes are misdemeanors, a person who "intentionally injures or kills, or permits a dog that he or she owns ... to injure or kill a service animal commits a felony of the third degree."
Anyone convicted of injuring a service animal will face severe penalties and will have to pay restitution.
Other Florida Service Dog Considerations
According to the Florida statutes, a retail or restaurant manager who forbids entry to a customer traveling with a service dog is in trouble not only with the Florida authorities, but also can be charged under the Americans With Disability Act (ADA). If dogs are not usually allowed, they must make exceptions for service dogs. Furthermore, they are not allowed to ask for documentation of the dogs' credentials or the nature of the person's disability. They are only allowed to ask if the animal is indeed a service animal and if so, what service he or she provides.
Managers of places where a fee is normally collected because of the animal, such as an airline, hotel or apartment complex, must not charge a person with a service dog.
Finally, supervising a service dog, including cleaning up excrement or paying for damages that occur on account of the dog, is the owner's responsibility. The public establishment does not have to provide any care, food or special accommodation for the animal.
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