Service Dog Laws
US & Florida Law
Americans With Disabilities Act (ADA)
Applies to: Guide Dogs, Hearing Dogs, and Service Dogs
Purpose
- to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;
- to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;
- to ensure that the Federal Government plays a central role in enforcing the standards established in this Act on behalf of individuals with disabilities; and
- to invoke the sweep of congressional authority, including the power to enforce the Fourteenth Amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.
Questions/Answers
This online help to interpreting the Americans With Disabilities Act is much more readable than the law itself. It is written for persons who must comply with ADA, and treats such topics as: What are the laws that apply to my business? What is a service animal? How can I tell if an animal is really a service animal and not just a pet? What must I do when a service animal comes into my business? Can I charge a maintenance or cleaning fee for customers who bring service animals into my business? What if a service animal barks or growls at people, or otherwise acts out of control? Can I exclude an animal that doesn’t really seem dangerous but is disruptive to my business?
Disability Rights Online
Issue One of Disability Rights Online News began on June 2004.
Filing Complaints
If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD).
Purpose
Americans with Disabilities Act of 1990, Section 2, Findings and Purpose
Questions/Answers
http://www.usdoj.gov/crt/ada/qasrvc.htm
Disability Rights Online
http://www.usdoj.gov/crt/ada/disabilitynews.htm
Filing Complaints
http://www.usdoj.gov/crt/ada/t3compfm.htm
Florida
http://www.flsenate.gov/Statutes/index.cfmApplies to
Guide, Hearing, Service Dogs, and primates of genus Cebus
Accessibility
“. . . entitled to full and equal accommodations, advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, and other public conveyances or modes of transportation and at hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited.”
Interference
misdemeanor of the second degree
Housing
“. . . entitled to rent, lease, or purchase, as other members of the general public, any housing accommodations offered for rent, lease, or other compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.” Footnote
Licenses/Fees
not mentioned
Identification
not mentioned
Misrepresentation
not mentioned
Trainers
“. . . has the same rights and privileges with respect to access to public facilities and the same liability for damage as is provided for deaf or hard of hearing or blind or mobility impaired persons accompanied by dog guides or service dogs” Footnote
White Cane
no precautionary statue; no proclamation
Injury to Dog
“Any person who . . . interferes, or permits a dog . . . to interfere, with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the animal or its user is guilty of a misdemeanor of the second degree for the first offense and a misdemeanor of the first degree for each subsequent offense;” Footnote and must make full restitution.
Penalties
imprisonment not to exceed 60 days
Summary
Florida law requires that a specially trained Assistance Dog be allowed to accompany a blind, deaf, or physically disabled person or trainer to all public accommodations and common carriers. Extra charges cannot be made due to the presence of the dog, but if the dog causes damage to the premises, the dog user is liable.
Accessibility
XXX-413-1-413.08(2002)
Interference
XXX-413-1-413.08 (2)(2002)
Housing
XXX-413-1-413.08 (4)(2002)
Trainers
XXX-413-1-413.08(7) & (8)(2002)
Injury to Dog
XXX-413-1-413.081(1)(2002)
Penalties
XLVI-775-775.082; XLVI-775-775.08
