| ASK FRED |
The question of whether or
not an animal is truly a service animal or a pet
comes up frequently.
Question: I’m a
community association manager for a medium-sized
community in Florida and I’ve received several
complaints from members that a particular
resident’s service dog is really her pet and
doesn’t actually perform any tasks related to a disability. Am
I allowed to ask for proof that the dog is a
real service animal?
Answer: The question
gets asked a lot, “Can I ask for documentation
that an animal is a service animal?” The
answer is no, and is found in section 413.08(b),
F.S., which states that documentation that the
service animal is trained is not a precondition
for providing service to an individual accompanied
by a service animal. To determine the
difference between a service animal and a pet, you
may ask if an animal... Read
more.
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IS THIS A REAL SERVICE ANIMAL?
The law and rules about the
use of a service animal in Florida are found in
Chapter 413, Florida Statutes, within Title XXX of
the Social Welfare Code. Other laws relevant
to service animals include the Title 42, Chapter
126 - Americans With Disabilities Act (ADA), and
the Fair Housing Act.
Note: This discussion does
not address the issues related to emotional
support animals except for a brief reference at
the end of this article. We will provide a
discussion on emotional support animals in future
newsletters.
Read
more.
MORE ABOUT SERVICE
ANIMALS
Pursuant to section
413.08(3), F.S., the requirement of wearing a
harness, being leached or tethered isn’t a fast
and hard rule. Although the statute requires
that a service animal be under the
owner's control by wearing a harness, leash,
or other tether, exceptions exist. No tether
is required if the handler is unable because of a
disability to use such a device that
would interfere with the service animal’s
safe, effective performance of work or tasks, in
which case the service animal must be otherwise
under the handler’s control by means of voice
control, signals, or other effective
means. Read
the statute..
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