Service Animals

In 2010, the U.S. Department of Justice revised the regulations governing the Americans with Disabilities Deed Requirements for Service Animals. The information on this page may help yous to better sympathize the ADA's revised service animal rules.

In 2014, the ADA National Network published a highly recommended self-advocacy resource titled Service Animals and Emotional Support Animals.

Some other great resource is the U.S. Section of Justice'due south Often Asked Questions about Service Animals and the ADA and The ADA Requirements for Service Animals.

You may besides contact Disability Rights Florida at 1-800-342-0823 if you have bug associated with your service animal.

Definitions

Service Fauna

The Americans with Disabilities Act (ADA) 2010 Regulations define a service animal as "whatsoevercanis familiaristhat is individually trained to do piece of work or perform tasks for the benefit of an individual with a inability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition."  C.F.R. § 35.104 and § 36.104 (2010).

If they encounter this definition, dogs are considered service animals under the ADA regardless of whether they accept been licensed or certified by a state or local authorities.

In add-on to the provisions about service dogs, the ADA also has separate provisions aboutminiature horses that have been individually trained to do work or perform tasks for people with disabilities. Miniature horses by and large range in tiptop from 24 inches to 34 inches measured to the shoulders and by and large weigh between seventy and 100 pounds.

Person with a Disability

Under the ADA, anindividual with a inability is a person who has a physical or mental harm that substantially limits i or more major life activities of such an individual; a record of such an harm; or be regarded as having such an harm.

Work and Tasks

According to the § 35.104 and § 36.104 (2010), examples of work and tasks performed by service animals include, but are non limited to:

  • guiding people who are blind or have low vision
  • alerting people who are deaf or hard of hearing
  • providing not-violent protection or rescue work
  • pulling a wheelchair
  • assisting an individual during a seizure
  • alerting individuals to the presence of allergens
  • retrieving items
  • providing physical support and assistance with remainder and stability to individuals with mobility disabilities
  • helping persons with psychiatric or neurological disabilities past preventing or interrupting impulsive or destructive behaviors
  • reminding a person with mental illness to accept prescribed medications, or
  • calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack.

Information technology's of import to notation criminal offense deterrence, safe or the provision of comfort or emotional back up do not constitute "piece of work or tasks" under the ADA.

Florida Statute: Service Animals

Florida Statute 413.08 similarly defines a service animal equally an animate being that is trained to perform tasks for an individual with a inability. In places of public accommodation a service animal is defined as a domestic dog or miniature horse.  The tasks may include, but are non limited to, guiding a person who is visually impaired or bullheaded, 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, alerting an private to the presence of allergens, providing concrete support and assistance with rest and stability to an individual with a mobility inability, helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors, reminding an individual with mental illness to take prescribed medications, calming an individual with posttraumatic stress disorder during an anxiety set on. A service animal is non a pet." The divergence between Florida law and the Federal police pertains to Service animals-in-training. Florida Statute 413.08(eight) specifically states: "Any trainer of a service creature, while engaged in the training of such an animal, has the same rights and privileges with respect to admission to public facilities and the same liability for damage every bit is provided for those persons described in subsection (3) accompanied by service animals."

Florida Statute 413.08

Rights

The Americans with Disabilities Act requires country and local governments, public accommodations, and commercial facilities to allow service animals to accompany individuals with disabilities in all areas where members of the public are immune to go.

The entity may ask whether an animal is a service fauna and what tasks the animal has been trained to perform.

Withal, they may non require documentation that the service animate being is trained or inquire the person what their disability is.

The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act provide boosted legal standards.

Responsibilities

While working, the service creature's behavior must be under the control of its possessor.

A service creature should not pose a directly threat to the wellness or safety of others.

If your animal is out of control and you do not have effective action to control your animal or your animate being poses a direct threat to the health and safety of others, you may be asked to remove your animal from the bounds.

You are also responsible for the intendance or supervision of your service animal including care, nutrient, and removing brute feces, as well as identification of appropriate locations for animal use.

Regime offices, public schools, colleges and universities

Championship II of the Americans with Disabilities Human activity (ADA) and the regulations implementing information technology require land and local government entities, including public schools, colleges and universities, to make reasonable modifications to programs and services in order to allow admission for individuals with disabilities. Service animals are recognized as reasonable modifications or accommodations under Title Ii.

The Individuals with Disabilities Teaching Human action (Thought), and Section 504 of the Rehabilitation Act provide boosted legal standards.

For additional resources, including guidance from the Florida Department of Education regarding service dogs in Florida public schools, please visit the Links tab on this page.

Public accommodations and commercial facilities

Title Three of the Americans with Disabilities Human activity (ADA) and the regulations implementing information technology prohibit businesses that are open to the public from  excluding a service beast from entering their establishments. Such businesses are called public accommodations.

Examples of public accommodations include restaurants, theaters, hotels, grocery stores, hospitals and medical offices, department stores/malls, health clubs, parks, zoos, sporting facilities, and all public transportation systems such equally airlines, machine rentals, trains/metro systems, buses/shuttles, taxi services, etc.

Notation:Anywhere an individual with a inability as defined by the ADA is allowed to enter, a working service beast must also exist allowed to enter.

Housing

The Fair Housing Deed too prohibits bigotry against an individual on the ground of disability when the private is renting or buying holding. For example, even if a edifice has a "no pets" policy, it would be a rights violation if the owner or manager refused to permit a bullheaded applicant for rental housing who wants to live in a dwelling house unit with a service brute.

Delight visit our Housing disability topic area for detailed information and additional resources.

Transportation

Planes

Nether the Air Carrier Admission Human activity (ACAA) a service animal means a dog, regardless of brood or type, that is individually trained to practice work or perform tasks for the do good of a qualified private with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.  Fauna species other than dogs, emotional support animals, comfort animals, companionship animals, and service animals in training are not service animals.  For more information on air travel with service animals, please encounter the U.Due south. Department of Transportation Service Animals webpage.

Trains

Traveling with a service dog by track (such every bit Amtrak) is covered under Title II of the Americans with Disabilities Deed and therefore must satisfy the definition of service beast nether the ADA. Emotional Support Animals would non meet the definition under ADA and therefore would not be eligible for travel every bit such.  However, Emotional Support Animals may be able to travel under the organization'south established pet policy.

Automobiles

Need-response transportation examples include taxicabs, limos, and rideshare service programs such as Uber or Lyft. These transportation services are covered under the ADA and therefore must provide access and the service to individuals with service animals. For more information please review The Americans with Disabilities Act and Y'all: Frequently Asked Questions on Taxicab Service.

Additional protections

Florida criminal law outlines penalties for individuals who are convicted of interference with or injury to a service animal. (Florida Statute Affiliate 413.081 Florida Statute Chapter 413.081)

The penalties comprehend:

  • reckless disregard, interference with, or assuasive a dog to interfere with, the use of a service animal by obstructing, intimidating, or otherwise jeopardizing the condom of the service animal.
  • reckless disregard resulting in injuries or death of a service beast.
  • intentionally injuring, killing or allowing a dog to hurt or kill a service animal.
  • Restitution, including the value of the service fauna; replacement and training or retraining expenses for the service brute and the user; veterinary and other medical and boarding expenses for the service beast; medical expenses for the user; and lost wages or income incurred by the user during any period that the user is without the services of the service animal, may be required.

Links

Federal Law

  • Access a summary publication chosen Revised ADA Requirements for Service Animals from the U.S. Section of Justice's ADA.gov website.
  • Admission the complete 2010 Title II regulations governing Nondiscrimination on the Basis of Disability in Land and Local Government Services from the ADA.gov website.
  • Access the complete 2010 Championship III regulations governing Nondiscrimination on the Footing of Disability past Public Accommodations and in Commercial Facilities from the ADA.gov website.
  • Oftentimes Asked Questions well-nigh Service Animals and the ADA.

Florida Law

  • If you are denied access or run into an issue with your service animal nether Florida law, please contact united states of america at ane-800-342-0823.

  • Florida Statute Chapter 413.08 - Rights of an individual with a inability; utilize of a service animal; discrimination in public employment or housing accommodations; penalties from the Online Sunshine website.
  • Florida Statute Chapter 413.081 - Interference with or injury to a service brute; penalties; restitution laws from the Online Sunshine website.

Schools

  • Access the Florida Department of Instruction'south 2010 Memo and Guidance on the Use of Service Animals by Students with Disabilities from the Exceptional Education and Student Services Publications webpage.

Businesses

  • Access the U.S. Department of Justice ADA Update: A Primer for Pocket-sized Business and Service Animals
  • Admission the U.S. Department of Justice'south ADA Requirements on Service Animals

Other Resource

  • Service Animals and Emotional Support Animals past the ADA National Network
  • Pet Partners website (formerly known equally the Delta Society).