Legally reviewed by: 
Medically reviewed by: This article was last updated October 2026 to reflect Florida’s current emotional support animal laws and recent changes in federal HUD Guidance.
Looking to learn about Florida’s emotional support animal laws? This guide will explain the laws and help answer your ESA legal questions in Florida. We keep it up-to-date, so be sure to bookmark this page to stay in the loop.
Does Florida Require ESA Training?
Florida has its own emotional support animal statute, Section 760.27, which expressly defines an ESA as an untrained animal that provides therapeutic emotional support through its presence and establishes rules for housing accommodations, documentation, fees, privacy, and denial of an accommodation. These state-law protections are especially important after HUD’s 2026 changes to its federal enforcement Guidance.
Florida’s no-training definition is significant in 2026. HUD’s current federal enforcement guidance places greater emphasis on disability-related task training when determining which assistance-animal complaints FHEO will investigate. Florida’s statute, however, continues to expressly recognize untrained emotional support animals. Florida residents may therefore have state-law protections that differ from HUD’s current federal complaint-enforcement position.
ESA Rights Under Florida Statute 760.27
Florida’s Emotional Support Animal Statute, Section 760.27, works alongside applicable federal fair housing law to protect qualifying residents who need emotional support animals from housing discrimination. Florida law expressly defines an emotional support animal as an animal that does not require training to perform work, tasks, assistance, or therapeutic emotional support, and that may provide therapeutic emotional support through its presence by alleviating one or more identified symptoms or effects of a person’s disability. These laws can give qualifying Florida residents the following rights:
- The ability to live in no-pet buildings (including condos, co-ops, HOAs, and rentals) and exemption from no-pet lease provisions (FL Statute 760.27(2)
- No extra compensation for an approved ESA accommodation. Florida Statute 760.27(2) provides that a qualifying person who is allowed to keep an ESA as a reasonable accommodation may not be required to pay extra compensation for the animal.
- Exemption from pet weight and size restrictions (HUD FHEO-2020-01)
- Exemption from building breed restrictions (HUD FHEO-2020-01)
ESA Letter Requirements Under Florida ESA Statute 760.27
If a disability or disability-related need for an ESA is not readily apparent, Florida Statute 760.27 allows a housing provider to request reliable supporting information. That information can include documentation from a licensed health care practitioner or qualifying telehealth provider, among other reliable sources recognized by the statute.
Florida law also addresses out-of-state practitioners. Information from a similarly licensed or certified practitioner in another state may qualify, but only if that out-of-state practitioner has provided in-person care or services to the tenant on at least one occasion. The provider must have personal knowledge of the person’s disability and act within the scope of the provider’s practice.
The rules in Florida also prevent landlords from creating unnecessary obstacles for tenants who request ESA accommodation. For example, Florida housing providers can’t require the use of a specific form or a notarized document (Florida Statute 760.27(3)). Landlords also cannot deny an ESA request solely because the tenant didn’t follow the landlord’s own procedure for ESA accommodations.
Florida’s ESA rules make clear that in order to have a valid emotional support animal, all you need is an ESA letter from a licensed healthcare practitioner.
Examples of Florida ESA Law Violations
Landlords can face legal consequences for violating the rights of residents with emotional support animals in Florida. Here are a few cases where landlords were brought to court for their failure to comply:
FL Statute 760.27(2): The ability to live in no-pet buildings (including condos, co-ops, HOAs, and rentals).
Landlords who fail to accommodate emotional support animals in Florida can face legal repercussions. One lawsuit was initiated after a Florida resident’s request for an emotional support animal, a 12-pound toy Manchester Terrier named Harrison, was challenged.
The tenant had provided a letter from his physician, veterinarian records for his ESA, and photographs of his ESA. However, the condo’s lawyer requested further documentation and inappropriate details about the tenant’s disability and the necessity of his emotional support animal.
The case eventually resulted in a settlement in which the condo association agreed to fair housing training and confidential monetary relief.
FL Statute 760.27(2) No extra compensation for an approved ESA.
Florida law provides its own protection against extra charges for a qualifying Emotional Support Animal accommodation. Section 760.27(2) states that a person who is allowed to keep an ESA as a reasonable accommodation may not be required to pay extra compensation for the animal. This state-law language is particularly important after recent changes in federal HUD guidance concerning assistance animals and housing fees.
Under Florida’s ESA laws, landlords are not permitted to charge any type of pet fee. That includes fines for having a pet, monthly pet fees, pet application fees, and pet deposits. This was illustrated in a case where a non-profit fair housing organization successfully resolved a disability complaint filed with HUD on behalf of a Florida couple, the Johnsons, who faced issues with their condo association in Lauderhill, Florida.
The Johnsons obtained their dog at a time when the condo community was pet-friendly. Later, the condo association passed a no-pet policy. The Johnsons sent a reasonable accommodation request for their emotional support animal to the condo board.
The Johnsons never received a response from the condo, and the association fined them for walking their ESA on the premises. In the end, the fines totaled $1,100 for repeated violations of the condo pet rules.
Following a HUD complaint and investigation by the Broward County Human Rights Section, a settlement was reached. It allowed the couple to walk their ESA on the property, dismissed all fines, and awarded them $10,000 in monetary compensation.
HUD FHEO-2020-01: Exemption from pet weight and size restrictions.
Pet size and weight rules may need to be modified when necessary to provide a reasonable accommodation for a qualifying assistance animal. Whether a particular restriction may be enforced should be evaluated under the applicable fair housing laws and the facts involving the particular animal, including any legitimate direct-threat concerns.
FAQ About Florida ESA Laws
- What privacy rights do I have as an ESA owner in Florida?
Florida Statute Section 760.27(3)(a) prohibits a housing provider from requiring information that discloses the diagnosis or severity of a person’s disability or medical records relating to the disability. A person may voluntarily disclose that information, but the housing provider cannot require it as part of the accommodation process. This protects sensitive medical information while still allowing a housing provider to request reliable information supporting a non-apparent disability or disability-related need when permitted by the statute.
In one Florida case, a tenant had provided a letter from his physician, but the condo’s lawyer requested further documentation and inappropriate details about the tenant’s disability.
The case eventually resulted in a settlement where the condo association agreed to fair housing training and monetary relief without admitting wrongdoing. This case highlights that ESA owners not only have housing rights in Florida, but also a right to privacy regarding sensitive details surrounding their condition.
- Can my Florida landlord require me to use a specific form for my ESA request?
No, Florida Section 760.2(3)(b) allows housing providers to create a routine method for receiving and processing ESA accommodation requests, but they cannot require a specific form or notarized statement or deny a request solely because the person did not follow that routine method.
- Does Florida law require an ESA registration, ID, or certificate?
No, Florida Section 760.2(3)(c) specifically states that registrations, ID cards, or certificates are not sufficient to prove that you have an emotional support animal.
- Can I bring my ESA to a courtroom in Florida?
Yes, in Florida, ESAs are allowed in courtrooms. In November 2022, the Florida Supreme Court adopted rules to allow the use of emotional support animals in courts. Those planning to bring an emotional support animal to court should notify the court in advance.
Does your dog provide emotional support?
Work with a licensed professional to get a legit ESA letter in your state.
Can a rooster be classified as an ESA and am I covered if I live in an area that does not allow roosters and I got the ESA certificate after that complaint was filed?
what about if they have a pet limit policy, example 2 pets allowed, and you have 3 but one is an ESA?
Emotional support animals do not count as pets. They are exempt from pet limit policies.
What about restricting dangerous breeds from condo’s ?
Emotional support animals are exempt from breed restrictions. So even though your condo may have a policy not allowing certain breeds of dogs, it wouldn’t apply to an emotional support dog.