In 2010, the U.S. Department of Justice revised the regulations governing the Americans with Disabilities Act Requirements for Service Animals. The information on this page may assist you to better understand 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 within their broader Service Animal Resource Hub.
The Americans with Disabilities Act (ADA) 2010 Regulations define a service animal as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, 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 meet this definition, dogs are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.
In addition to the provisions about service dogs, the ADA also has separate provisions about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.
Under the ADA, an individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities of such an individual; a record of such an impairment; or be regarded as having such an impairment.
According to the § 35.104 and § 36.104 (2010), examples of work and tasks performed by service animals include, but are not limited to:
It’s important to note crime deterrence, safety or the provision of comfort or emotional support do not constitute "work or tasks" under the ADA.
Florida Statute 413.08 similarly defines a service animal as an animal that is trained to perform tasks for an individual with a disability.
In places of public accommodation a service animal is defined as a dog or miniature horse.
The tasks may include, but are not limited to,
A service animal is not a pet.
The difference between Florida law and the Federal law pertains to service animals-in-training. Florida Statute 413.08(8) specifically states: “Any trainer of a service animal, while engaged in the training of such an animal, has the same rights and privileges with respect to access to public facilities and the same liability for damage as is provided for those persons described in subsection (3) accompanied by service animals.”
The Americans with Disabilities Act requires state 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 allowed to go.
Those places can ask a service animal owner:
However, they may not ask the owner:
The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act provide additional legal standards.
While working, the service animal’s behavior must be under the control of its owner.
A service animal should not pose a direct threat to the health or safety of others.
If your animal is out of control and you do not take effective action to control your animal or your animal poses a direct threat to the health and safety of others, you can be asked to remove your animal from the premises.
You are also responsible for the care or supervision of your service animal including care, food, and removing animal feces, as well as identification of appropriate locations for animal use.
Title II of the Americans with Disabilities Act (ADA) and the regulations implementing it require state and local government entities, including public schools, colleges and universities, to make reasonable modifications to programs and services in order to allow access for individuals with disabilities. Service animals are recognized as reasonable modifications or accommodations under Title II.
The Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act provide additional 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.
Title III of the Americans with Disabilities Act (ADA) and the regulations implementing it prohibit businesses that are open to the public from excluding a service animal 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 as airlines, car rentals, trains/metro systems, buses/shuttles, taxi services, etc.
Note: Anywhere an individual with a disability as defined by the ADA is allowed to enter, a working service animal must also be allowed to enter.
The Fair Housing Act also prohibits discrimination against an individual on the basis of disability when the individual is renting or buying property. For example, even if a building has a "no pets" policy, it would be a rights violation if the owner or manager refused to permit a blind applicant for rental housing who wants to live in a dwelling unit with a service animal.
Please visit our housing resource pages for detailed information and additional resources.
Because more people are using service animals, employers are receiving more requests from employees who want to use their service animals in the workplace. You may be able to get an accommodation to bring your service animal to work.
Visit the Job Accommodations Network website and the ADA National Network website for more information about service animals at work.
Under the Air Carrier Access Act (ACAA), a service animal means a dog, regardless of breed or type, that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
Under the ACAA, animal 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 see the U.S. Department of Transportation Service Animals webpage.
Traveling with a service dog by rail (such as Amtrak) is covered under Title II of the Americans with Disabilities Act and therefore must satisfy the definition of service animal under the ADA.
Emotional Support Animals would not meet the definition under ADA and therefore would not be eligible for travel as such. However, Emotional Support Animals may be able to travel under the organization’s established pet policy.
Demand-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 ADA National Network's website.
Florida criminal law outlines penalties for individuals who are convicted of interference with or injury to a service animal. (Florida Statute Chapter 413.081 Florida Statute Chapter 413.081)
The penalties cover: