# Florida ESA Laws: What Section 760.27 Gives Renters

> Florida wrote emotional support animals into statute. See what § 760.27 gives renters, what a landlord may ask for, and the one-year FCHR complaint deadline.

- Source: https://supportanimal.com/blog/florida-emotional-support-animal/
- Publisher: Support Animal (supportanimal.com)
- Updated: 2026-07-28
- License note: informational content; not legal or medical advice.

**Summary:** Florida is one of the few states that wrote emotional support animals directly into its statutes. Fla. Stat. § 760.27, created by chapter 2020-76, defines an emotional support animal, requires a housing provider to allow one as a reasonable accommodation, and states that the tenant may not be required to pay extra compensation for the animal. The same section limits what a provider may ask for: reliable supporting information yes, a diagnosis or medical records no, and no mandatory form or notarized statement. Florida's Fair Housing Act (§§ 760.20-760.37) supplies the underlying accommodation duty, the Florida Commission on Human Relations investigates complaints, and a complaint must be filed within one year. Florida also criminalizes faking the paperwork under § 817.265.

## Florida put the rules in writing

Most states hand the emotional support animal question to federal
fair-housing law and leave it there. Florida did the opposite. In 2020,
chapter 2020-76 added Fla. Stat. § 760.27 — a housing statute about
emotional support animals specifically — and it has not been amended since,
so the 2025 edition reads as it did when it passed.

Written rules change the character of a Florida dispute: a renter can point
at a numbered subsection instead of arguing from federal guidance. It cuts
both ways, since the same section lists what a landlord may ask before
saying yes.

The starting point is the definition in § 760.27(1)(a): an emotional support
animal is one that does not require training to provide therapeutic
emotional support by virtue of its presence, which alleviates one or more
identified symptoms or effects of a person's disability. No task training,
no obedience credential, no breed requirement — presence that helps is the
whole idea.

## Who counts as a housing provider

Section 760.27(1)(b) defines a housing provider broadly: any person or
entity engaging in conduct covered by the federal Fair Housing Act or
section 504 of the Rehabilitation Act of 1973, including the owner or lessor
of a dwelling. That sweeps in far more than apartment management companies,
and in Florida the reach matters.

Only about 32.4% of Florida households rent, according to the 2020-2024
American Community Survey five-year estimate — a lower share than most large
states. Much of the rental stock therefore sits inside condominium buildings
and deed-restricted communities, where the entity enforcing the no-pets rule
is an association rather than a landlord in the ordinary sense. An
association acting as a housing provider owes the same accommodation duty.

## What the statute hands the tenant

Section 760.27(2) does two things in one sentence. A person with a
disability or a disability-related need must, on request and approval, be
allowed to keep the animal as a reasonable accommodation in housing, and may
not be required to pay extra compensation for it.

The second half is the part that saves money. Pet rent, pet deposits, and
pet fees are extra compensation for an animal, so they come off the bill
once the accommodation is approved — a rule Florida put in the text rather
than leaving it to be inferred.

Underneath § 760.27 sits the older machinery of Florida's Fair Housing Act,
sections 760.20 through 760.37. Section 760.23(9)(b) makes it discriminatory
to refuse a reasonable accommodation in rules, policies, practices, or
services when it may be necessary for a person with a disability to have
equal opportunity to use and enjoy a dwelling. A no-pets clause is a policy,
which is why advertising a building as pet-free does not end the
conversation.

## What a landlord may ask — and where the line is

If the disability is not readily apparent, § 760.27(2)(b) lets the provider
request reliable information supporting it, and lists what qualifies: a
disability determination from a federal, state, or local government agency;
receipt of disability benefits or services; proof of eligibility for housing
assistance or a voucher because of a disability; information from a health
care practitioner or a telehealth provider; or any other source the provider
reasonably determines to be reliable under the federal act.

Three more permissions round out the list. Where the need for the particular
animal is not obvious, the provider may ask for information identifying the
assistance or therapeutic support that specific animal provides. Where a
tenant asks to keep more than one, § 760.27(2)(d) allows a question about
the need for each animal. And § 760.27(2)(e) allows a demand for proof of
compliance with state and local licensing and vaccination requirements —
worth answering quickly, since it is one of the few the tenant simply has to
satisfy.

Then the limits. Under § 760.27(3)(a) a provider may not request information
that discloses the diagnosis or the severity of a disability, or any medical
records at all. The tenant may volunteer that material, but cannot be made
to. Section 760.27(3)(b) blocks the paperwork games: a provider may publish
a routine method for handling requests, yet may not require a specific form
or a notarized statement, and may not deny a request solely because the
tenant did not follow that routine method.

The protection has an outer edge, in § 760.27(2)(a). A provider may deny the
request if the animal poses a direct threat to the health or safety of
others, or a direct threat of physical damage to the property of others,
that cannot be reduced or eliminated by another accommodation. And under
§ 760.27(4) the tenant is liable for damage the animal does to the premises
or to another person on the premises.

## The in-person clause that trips people up

One Florida sentence deserves its own heading, because it is where
out-of-state letter services fail. Section 760.27(2)(b)4. lets a housing
provider rely on information from a practitioner licensed in another state
only if that practitioner has provided in-person care or services to the
tenant on at least one occasion — and only where the practitioner has
personal knowledge of the disability and is acting within the scope of
practice.

Read that against how ESA letters are usually sold: a tenant fills out a
questionnaire, a clinician licensed somewhere else signs a PDF, and nobody
ever meets. A Florida housing provider can note that the practitioner is out
of state and has never seen the tenant in person, and treat the letter as
unreliable without violating the statute.

The workable version is a practitioner licensed in Florida, or one the
tenant has genuinely seen in person at least once. Telehealth is not the
problem — the statute names telehealth providers as a category. Out-of-state
plus never-met-in-person is.

## Registries, and a criminal statute behind them

Florida disposes of the registry industry in the statute itself. Section
760.27(3)(c) states that an ESA registration of any kind — an identification
card, a patch, a certificate, or a similar registration obtained from the
Internet — is not by itself sufficient information to establish that a
person has a disability or a disability-related need for the animal. No
Florida agency issues ESA credentials, and buying one adds nothing.

There is a sharper reason to avoid them. Section 817.265 makes
it a misdemeanor of the second degree to falsify information or written
documentation for an emotional support animal under § 760.27, to knowingly
provide fraudulent documentation, or to knowingly and willfully misrepresent
having a disability or a disability-related need for one. A conviction also
carries 30 hours of community service, performed within six months for an
organization that serves people with disabilities. Few states criminalize
the paperwork this directly.

## Emotional support animals are not service animals here

Florida keeps the two categories apart, which resolves most arguments that
start in a store doorway. Section 413.08 limits a service animal to a dog or
a miniature horse trained to do work or perform tasks, and says outright
that emotional support does not qualify an animal as one. Section 760.27(5)
closes the loop from the other side: the ESA statute does not apply to a
service animal as defined in § 413.08.

The translation is that Florida ESA rights are housing rights. A restaurant
on Duval Street or a shop in Winter Park may lawfully decline an emotional
support animal at the door; inside a dwelling, § 760.27 governs.

## Deposits, and the fee that replaced them

Florida's deposit rules live in § 83.49. A landlord making no claim against
the deposit must return it within 15 days after the rental agreement
terminates; a landlord intending to claim part of it must send written
notice within 30 days, and the tenant then has 15 days from receiving that
notice to object in writing. Missing that objection window is how Florida
tenants lose arguments they would have won.

Since 2023 there is a second path. Section 83.491 lets a landlord offer a
recurring fee in lieu of a security deposit, with written disclosure that
the tenant may switch to a deposit at any time, may pay one in monthly
installments, what each option costs, whether the fee is nonrefundable, and
— if the landlord buys insurance — that the tenant is neither insured nor a
beneficiary of it.

Neither mechanism may price an emotional support animal, because § 760.27(2)
forbids extra compensation for it however the charge is labeled. The risk is
a monthly fee that quietly bundles a pet charge into it, so ask for the fee
to be itemized in writing before signing, and keep the answer.

## Filing a complaint, and the one-year clock

Complaints under Florida's Fair Housing Act go to the Florida Commission on
Human Relations, and § 760.34 requires filing within one year after the
alleged discriminatory housing practice occurred. That year disappears
faster than it sounds when a tenant spends months trading emails with a
property manager first.

The commission works from a completed Housing Discrimination Questionnaire,
submitted by email, fax, or mail to 4075 Esplanade Way, Unit 110,
Tallahassee, FL 32399; its phone numbers are (850) 488-7082 and, toll-free,
(800) 342-8170. A parallel federal complaint may go to HUD under the federal
act. Our guide to [what a landlord can and cannot do](/blog/articles/can-landlord-deny-emotional-support-animal/) covers how a denial gets
evaluated once a complaint is on file.

## Before you sign a Florida lease

No applicant is obliged to disclose an emotional support animal on a rental
application. The sequence that works in a tight market like Tampa or Fort
Lauderdale is to apply on the merits, then put the accommodation request in
writing after approval and before signing — early enough to settle the fee
question, late enough that it plays no part in screening.

Sort the letter out first. Florida sets no waiting period, but its in-person
rule means finding the right practitioner takes longer than expected, and a
request made after move-in is harder to argue than one made before. For
city-level detail on deposits, associations, and local tenant help, browse
the [Florida city guides](/blog/florida-emotional-support-animal/), and see our [guide to getting an ESA letter](/blog/articles/how-to-get-esa-letter/) for what a
defensible letter contains.

## Key statutes

- **Fla. Stat. § 760.27** (Prohibited discrimination in housing — emotional support animals): Florida's dedicated ESA housing statute. Defines an emotional support animal as one that needs no training to provide therapeutic emotional support by its presence, defines a housing provider as any person or entity engaging in conduct covered by the federal Fair Housing Act or section 504 of the Rehabilitation Act of 1973 including an owner or lessor, requires that provider to allow the animal as a reasonable accommodation, forbids extra compensation for it, and lists exactly what supporting information may and may not be requested. [Text](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.27.html)
- **Fla. Stat. § 760.27(2)(b)4.** (Reliable information from a practitioner): Allows a housing provider to accept information from a health care practitioner or telehealth provider, and counts an out-of-state practitioner only if that practitioner has provided in-person care or services to the tenant on at least one occasion, with personal knowledge of the disability and acting within the scope of practice. [Text](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.27.html)
- **Fla. Stat. § 760.27(3)** (Limits on what a housing provider may request): Bars a provider from requesting information that discloses the diagnosis or severity of a disability or any medical records, bars requiring a specific form or notarized statement, bars denying a request solely because the tenant did not follow the provider's routine method, and states that an ESA registration or certificate obtained from the Internet is not by itself sufficient proof. [Text](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.27.html)
- **Fla. Stat. § 760.23(9)(b)** (Florida Fair Housing Act — reasonable accommodation): Makes it discriminatory to refuse to make reasonable accommodations in rules, policies, practices, or services when the accommodation may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. Sections 760.20-760.37 are cited as the Fair Housing Act. [Text](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.23.html)
- **Fla. Stat. § 760.34(1)-(2)** (Complaints to the Florida Commission on Human Relations): Lets a person injured by a discriminatory housing practice file a complaint with the commission and requires the complaint to be filed within one year after the alleged discriminatory housing practice occurred. [Text](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.34.html)
- **Fla. Stat. § 817.265** (False or fraudulent proof of need for an emotional support animal): Makes it a misdemeanor of the second degree to falsify or knowingly provide fraudulent information or written documentation for an emotional support animal under § 760.27, or to knowingly and willfully misrepresent having a disability or a disability-related need for one, and adds 30 hours of community service within six months of a conviction. [Text](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0817/Sections/0817.265.html)
- **Fla. Stat. § 413.08** (Service animals — separate track from ESAs): Limits a service animal to a dog or miniature horse trained to do work or perform tasks and states that emotional support does not qualify an animal as a service animal. Its public accommodation and housing provisions therefore reach service animals rather than ESAs, and § 760.27(5) confirms the ESA statute does not apply to service animals. [Text](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0413/Sections/0413.08.html)
- **Fla. Stat. § 83.49** (Security deposits — return and claim deadlines): Requires a landlord who makes no claim against the deposit to return it within 15 days after the rental agreement terminates, or to give written notice of an intended claim within 30 days, after which the tenant has 15 days from receiving that notice to object in writing. [Text](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.49.html)
- **Fla. Stat. § 83.491** (Fee in lieu of a security deposit): Lets a Florida landlord offer a recurring fee instead of a security deposit, and requires written disclosure that the tenant may switch to a deposit at any time, may pay a deposit in monthly installments, what each option costs, whether the fee is nonrefundable, and that any insurance the landlord buys does not cover the tenant. [Text](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.491.html)

**Registration myth:** Florida settles the registry question in the statute rather than in guidance. Section 760.27(3)(c) says an emotional support animal registration of any kind — an identification card, a patch, a certificate, or a similar registration obtained from the Internet — is not by itself sufficient information to establish either a disability or a disability-related need for the animal. No Florida agency issues ESA credentials, and buying one adds nothing to a request. Section 817.265 adds the opposite of a benefit: knowingly providing fraudulent ESA documentation is a second-degree misdemeanor.

## What Florida landlords can and cannot do

**Cannot:**
- Cannot require extra compensation for an emotional support animal, which takes pet rent, pet deposits, and pet fees off the table under § 760.27(2)
- Cannot request information that discloses the diagnosis or the severity of the tenant's disability, or any medical records
- Cannot require a specific form or a notarized statement, or deny a request solely because the tenant did not use the provider's routine method
- Cannot refuse the request merely because the property advertises a no-pets policy, since the request is judged under the reasonable-accommodation standard in § 760.23(9)(b)

**Can:**
- May request reliable information supporting the disability when the disability is not readily apparent, including a government disability determination, proof of disability benefits, or information from a licensed practitioner
- May treat an out-of-state practitioner's information as unreliable unless that practitioner has provided in-person care or services to the tenant on at least one occasion
- May ask for information about the specific need for each animal when a tenant requests more than one emotional support animal
- May require proof of compliance with state and local licensing and vaccination requirements for the animal
- May deny the accommodation on a direct-threat finding — the animal endangering the health or safety of other people, or threatening physical damage to what belongs to them — where no other accommodation can reduce or eliminate the threat
- May hold the tenant liable for damage the animal does to the premises or to another person on the premises

## How to get an ESA letter in Florida

1. **Check that you qualify** — Answer a short screening about how your condition affects daily life in Florida. No diagnosis paperwork needed up front. (About 5 minutes — free)
2. **Connect with a licensed professional** — You are matched with a provider licensed for Florida clients who reviews your situation in a telehealth evaluation. (Telehealth evaluation)
3. **Complete your evaluation** — The professional evaluates whether an emotional support animal alleviates symptoms of a condition recognized in the DSM-5. Honest evaluations — not everyone qualifies. (95% of applicants qualify)
4. **Receive your signed letter** — Your letter arrives on the professional's letterhead with their license number — the documentation Florida landlords may lawfully request. (Typically within days of approval)
5. **Send it to your landlord** — Submit the letter with a short reasonable-accommodation request. Pet fees, pet deposits, and breed limits no longer apply to your animal in Florida. (Protection under FHA + state law)

## Conditions that can qualify for an ESA

No fixed government list exists. A licensed professional evaluates whether an animal alleviates symptoms of a DSM-5-recognized condition, commonly:

- Generalized anxiety disorder
- Major depressive disorder
- Post-traumatic stress disorder (PTSD)
- Panic disorder
- Social anxiety disorder
- Obsessive-compulsive disorder (OCD)
- Bipolar disorder
- Attention-deficit/hyperactivity disorder (ADHD)
- Phobias with housing impact
- Chronic stress affecting daily function

## City guides in Florida

- [ESA letters in Jacksonville](https://supportanimal.com/blog/florida-emotional-support-animal/jacksonville.md)
- [ESA letters in Miami](https://supportanimal.com/blog/florida-emotional-support-animal/miami.md)
- [ESA letters in Tampa](https://supportanimal.com/blog/florida-emotional-support-animal/tampa.md)
- [ESA letters in Orlando](https://supportanimal.com/blog/florida-emotional-support-animal/orlando.md)
- [ESA letters in St. Petersburg](https://supportanimal.com/blog/florida-emotional-support-animal/st-petersburg.md)
- [ESA letters in Port St. Lucie](https://supportanimal.com/blog/florida-emotional-support-animal/port-st-lucie.md)
- [ESA letters in Hialeah](https://supportanimal.com/blog/florida-emotional-support-animal/hialeah.md)
- [ESA letters in Cape Coral](https://supportanimal.com/blog/florida-emotional-support-animal/cape-coral.md)
- [ESA letters in Tallahassee](https://supportanimal.com/blog/florida-emotional-support-animal/tallahassee.md)
- [ESA letters in Fort Lauderdale](https://supportanimal.com/blog/florida-emotional-support-animal/fort-lauderdale.md)
- [ESA letters in Pembroke Pines](https://supportanimal.com/blog/florida-emotional-support-animal/pembroke-pines.md)
- [ESA letters in Hollywood](https://supportanimal.com/blog/florida-emotional-support-animal/hollywood.md)
- [ESA letters in Gainesville](https://supportanimal.com/blog/florida-emotional-support-animal/gainesville.md)
- [ESA letters in Miramar](https://supportanimal.com/blog/florida-emotional-support-animal/miramar.md)
- [ESA letters in Palm Bay](https://supportanimal.com/blog/florida-emotional-support-animal/palm-bay.md)
- [ESA letters in Coral Springs](https://supportanimal.com/blog/florida-emotional-support-animal/coral-springs.md)
- [ESA letters in West Palm Beach](https://supportanimal.com/blog/florida-emotional-support-animal/west-palm-beach.md)
- [ESA letters in Lakeland](https://supportanimal.com/blog/florida-emotional-support-animal/lakeland.md)
- [ESA letters in Pompano Beach](https://supportanimal.com/blog/florida-emotional-support-animal/pompano-beach.md)
- [ESA letters in Clearwater](https://supportanimal.com/blog/florida-emotional-support-animal/clearwater.md)

## Frequently asked questions

### Does Florida have a specific emotional support animal law?

Yes. Fla. Stat. § 760.27, created by chapter 2020-76 and unchanged since, is a dedicated ESA housing statute. It defines an emotional support animal as an animal that needs no training to provide therapeutic emotional support by its presence, requires a housing provider to allow one as a reasonable accommodation on request and approval, and states the tenant may not be required to pay extra compensation for it. Most states leave all of this to federal fair-housing law.

### Can a Florida landlord charge a pet fee or pet deposit for an ESA?

No. Section 760.27(2) says a person allowed to keep an emotional support animal as a reasonable accommodation may not be required to pay extra compensation for the animal, so pet rent, pet deposits, and pet fees do not apply. The tenant remains liable under § 760.27(4) for damage the animal does to the premises or to another person there, which is a bill after the fact rather than a charge up front.

### Will an online ESA letter from an out-of-state provider work in Florida?

Often not. Where the practitioner's license comes from another state, § 760.27(2)(b)4. makes their information count only after at least one occasion of in-person care or services given to the tenant, and only where that practitioner has personal knowledge of the disability and is acting within the scope of practice. A letter from a website clinician the tenant has never met in person can be rejected as unreliable in Florida.

### What can a Florida landlord ask for, and what is off limits?

When the disability is not readily apparent, § 760.27(2)(b) lets the provider ask for reliable supporting information — a government agency's disability determination, receipt of disability benefits, proof of eligibility for housing assistance received because of a disability, or information from a licensed practitioner or telehealth provider. Section 760.27(3)(a) puts the diagnosis, the severity of the disability, and medical records off limits, and § 760.27(3)(b) bars requiring a specific form or a notarized statement.

### Is an ESA registration or certificate worth anything in Florida?

No, and Florida says so in the statute. Section 760.27(3)(c) states that an ESA registration of any kind, including an identification card, patch, certificate, or similar registration obtained from the Internet, is not by itself sufficient to establish a disability or a disability-related need. What a housing provider is entitled to is reliable information about the need, which a card cannot supply.

### Can someone be prosecuted for faking an ESA in Florida?

Yes. Section 817.265 makes it a misdemeanor of the second degree to falsify information or written documentation for an emotional support animal under § 760.27, to knowingly provide fraudulent documentation, or to knowingly and willfully misrepresent having a disability or a disability-related need for the animal. A conviction also requires 30 hours of community service for an organization serving people with disabilities within six months.

### Where does a Florida renter file an ESA housing complaint?

With the Florida Commission on Human Relations, which investigates complaints under the state Fair Housing Act. Section 760.34 requires the complaint to be filed within one year after the alleged discriminatory housing practice occurred. The commission takes a completed Housing Discrimination Questionnaire by email, fax, or mail at 4075 Esplanade Way, Unit 110, Tallahassee, FL 32399, and can be reached at (850) 488-7082 or toll-free at (800) 342-8170. A parallel federal complaint may go to HUD.

---

Get evaluated by a licensed provider: https://my.supportanimal.com/qualify?sa_source=blog&sa_medium=referral&sa_campaign=esa-guides&sa_content=markdown&ref=blog&sa_term=florida-emotional-support-animal