Service Animals, Service Animals in Training and Emotional Support Animals at UF

1. Purpose

The University of Florida (“UF”) is committed to compliance with all applicable state and federal laws, including but not limited to the Americans with Disabilities Act (“ADA”), Section 504 of the Rehabilitation Act, the Fair Housing Act, Section 413.08, Florida Statutes, and other relevant authorities, policies and guidance. This Policy sets forth provisions for compliance related to Service Animals, Service Animals in Training and Emotional Support Animals at UF.

2. Applicability

This Policy applies to UF, its Direct Support Organizations (“DSOs”), and other affiliated legal entities, but not to UF Health and its affiliated legal entities. This Policy does not apply to therapy animals or animals on campus related to UF events, which are governed by Policy 4-011, Use of University Space, and other applicable UF Regulations and Policies.

3. Definitions

Emotional Support Animal (ESA) means an animal that does not require training to do work, perform tasks, provide assistance, or offer therapeutic emotional support, and which by virtue of its presence alleviates one or more identified symptoms or effects of an individual’s disability, as defined in Section 760.27(1)(a), Florida Statutes.

Handler means an individual in immediate charge of an animal, including an individual with a disability who uses a Service Animal, a trainer of a Service Animal, or an individual approved for an ESA.

General Outdoor Areas means “General Outdoor Areas” as defined in UF Policy 4-011, Use of University Space. Such areas are for public use and are not reservable.

Service Animal means any dog, or in some cases a miniature horse, as provided in 28 CFR 35.136(i), 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 purposes of this definition. Under 28 CFR 35.104, the work or tasks performed by a Service Animal must be directly related to the individual’s disability.

Service Animal in Training means a dog or, in some cases, a miniature horse, that is being trained to perform the functions of a Service Animal.
Third Party means any individual who is not a UF student, faculty member or staff member and who may be subject to this Policy, including contractors, vendors, ticket holders, invited guests, alumni/ae, or local residents.

UF Facility means any defined space of UF, including a room, classroom, residence hall, office suite, lab, series of labs, building, or controlled outdoor area (e.g., practice fields, stadiums, farms, tennis courts).

UF Geography means the physical footprint of the UF enterprise, including all owned, leased, or occupied land, buildings, spaces, vehicles or inventory.

4. Policy Statement

4.1. Service Animals

Service Animals are permitted under UF Regulation 2.021, Animals Prohibited in Buildings.

According to the regulations for Title II of the ADA (28 CFR 35.104), the Service Animal’s work or task must be directly related to the individual’s disability. A Service Animal may be trained to perform tasks such as retrieving objects for an individual who uses a wheelchair, reminding an individual with a psychiatric condition to take medication, licking the hand of an individual with post-traumatic stress disorder to alert them to an oncoming panic attack, or detecting the onset of a seizure and helping the individual remain safe during the seizure. This list is not exhaustive. No one may interfere with a Service Animal or the duties it performs.

4.1.1. Students with Service Animals
Under Title II of the ADA, UF students with disabilities may be accompanied by their Service Animal on UF Geography in any place where other students in UF programs, activities or services are allowed (28 CFR 35.136) except for certain limited situations noted in this Policy.

Questions regarding Service Animals accompanying students with disabilities should be directed to the Disability Resource Center (DRC).

4.1.2. Employee Service Animal as an Accommodation
Under Title I of the ADA (42 U.S.C. §§ 12111–12117), Service Animals are not specifically addressed. Requests to bring a Service Animal to work are therefore considered the same as any other request for reasonable accommodation by an employee. Employees with a disability who have a Service Animal must contact the UF ADA Compliance Office and request approval to have the Service Animal present on an ongoing basis as an accommodation for their disability. The UF ADA Compliance Office will engage the employee in an interactive process to discuss the request and determine an appropriate accommodation for participating in the UF program, activity or service. In accordance with the ADA, the UF ADA Compliance Office may request reasonable documentation from the employee indicating that the Service Animal is needed because of the employee’s disability. The UF ADA Compliance Office may also inquire why the Service Animal is needed at work and what work or task the Service Animal has been trained to perform.

Questions regarding an employee’s Service Animal should be directed to the UF ADA Compliance Office.

4.1.3. Third Parties with Service Animals
Under Title II of the ADA, Third Parties with disabilities have the right to be accompanied by a Service Animal in General Outdoor Areas and UF Facilities that are open to the public (28 CFR 35.136).

Questions regarding Third Party Service Animals should be directed to the UF ADA Compliance Office.

4.2. Service Animals in Training

A Service Animal in Training does not qualify as a Service Animal under federal law. In accordance with state law, Service Animals in Training and their Handlers are permitted in General Outdoor Areas.

UF does not typically permit Service Animals in Training in areas that are not considered General Outdoor Areas. Access for a Service Animal in Training beyond General Outdoor Areas is at the discretion of the UF ADA Compliance Office.

Questions regarding Service Animals in Training should be directed to the UF ADA Compliance Office.

4.3. Emotional Support Animals

An Emotional Support Animal (ESA) does not qualify as a Service Animal under federal or state law. Unlike Service Animals, ESAs do not accompany their Handlers at all times and do not need to be trained to do work or perform tasks related to a disability.

Requests for ESAs are only available in connection with UF housing.

The DRC may deny a student’s request to live with a particular ESA if the animal poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation, or if the animal would cause substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation. If a student requests an animal that requires further review due to health and safety concerns, the DRC will work directly with the UF College of Veterinary Medicine, which will provide guidance regarding the health and safety of the animal.

UF is committed to engaging in an interactive process with individuals with disabilities regarding requests for ESAs in accordance with UF Policy 5-004, Accessibility and Reasonable Accommodation for Individuals with Disabilities and the UF ADA Process Guide. Employees and Third Parties with questions regarding ESAs should contact the UF ADA Compliance Office.

4.4. Documentation, Vests and Badges Not Required

Documentation that a Service Animal is trained is not required by Section 413.08(3)(a), Florida Statutes or 28 CFR 35.136(f). The ADA does not require Service Animals to wear an identifying vest, collar, or badge, according to ADA guidance on Service Animals.

Questions regarding the identification of Service Animals at UF should be directed to the UF ADA Compliance Office.

4.5. Handler Responsibilities

In addition to other applicable UF Regulations and Policies, Handlers must comply with specific provisions regarding the behavior and care of any Service Animal, Service Animal in Training, or ESA for which they are responsible. This includes ensuring animals are not left unattended, maintaining proper waste removal, and preventing animals from causing disruptions or interference with UF activities. These provisions are outlined in the UF ADA Process Guide, maintained by the UF ADA Compliance Office.

4.6. Conflicting Disabilities or Health Conditions

UF students with health conditions (e.g., allergies, asthma) or disabilities (including phobias) that conflict with or may be affected by exposure to a Service Animal, Service Animal in Training or an ESA should contact the DRC to seek resolution. The DRC may request documentation to understand the condition or disability and the impact of the exposure.

Employees or Third Parties with health conditions (e.g., allergies, asthma) or disabilities (including phobias) that conflict with or may be affected by exposure to a Service Animal, Service Animal in Training or an ESA should contact the UF ADA Compliance Office to seek resolution. The UF ADA Compliance Office may request documentation to understand the condition or disability and the impact of the exposure.

UF will make a reasonable effort to understand and address conflicts by considering the needs of all parties.

4.7. UF Right to Exclude or Request Removal

UF may exclude a Service Animal, Service Animal in Training, or ESA if the animal’s presence would fundamentally alter the nature of a UF program, activity or service. In limited circumstances, the presence of a Service Animal may require access restrictions or safety precautions to protect the health and safety of the animal or members of the UF community. In such situations, UF will engage with the Handler and the relevant UF department in an interactive process to identify alternative methods for the individual to participate in the UF program, activity or service.

UF may also remove a Service Animal, Service Animal in Training or ESA that poses a direct threat to the health or safety of others. Exclusion or removal may also be necessary if an animal threatens or causes property damage, causes significant disruption, is aggressive or the Handler does not maintain effective control. UF may remove an animal that is not housebroken or appears to be unclean, maltreated, injured, or experiencing a health issue, until the concern can be resolved.

Additionally, UF may remove a Service Animal, Service Animal in Training or ESA if the Handler fails to comply with their responsibilities as outlined in the ADA Process Guide or if the Handler fails to comply with requests made by UF in accordance with applicable federal and state law or UF Regulations and Policies.

Exclusion and removal decisions are generally led by the DRC for student matters and by the UF ADA Compliance Office for matters involving employees or Third Parties. Determinations will be made in collaboration with appropriate departments and will be based on an individualized assessment supported by objective evidence of the animal’s conduct. Exclusion of a Service Animal, Service Animal in Training or ESA will not be made based on breed, size, or weight. In circumstances presenting an immediate health or safety concern, appropriate UF officials, including the University Police Department, may take prompt action to remove a Service Animal, Service Animal in Training or ESA.

4.8. Policy Violations

Any student, employee, or Third Party who violates this Policy may be subject to disciplinary action under applicable UF Regulations and Policies.

5. References and Related Information

Procedures:

• UF ADA Process Guide
• Service Animals in Labs

UF Policies and Regulations:

• Regulation 2.021 Animals Prohibited in Buildings
• Regulation 1.006 Non-Discrimination/Harassment/Invasion of Privacy Policies
• Policy Number: 5-004 Accessibility and Reasonable Accommodation for Individuals with Disabilities
• Policy Number: 4-011 Use of University Space
• Policy on Unauthorized Animals in Animal Housing/Research Space at UF

Laws and External Authorities:

• Florida Statutes Section 413.08, Rights of an Individual with a Disability; Use of a Service Animal; Discrimination in Public Employment or Housing Accommodations; Penalties
• Florida Statutes Sections 760.20-760.37, Fair Housing Act
• Florida Statutes Section 760.27, Prohibited discrimination in housing provided to persons with a disability or disability-related need for an emotional support animal
• Fair Housing Act 42 U.S.C. §§ 3601-19
• Americans with Disabilities Act of 1990 and the Americans with Disabilities Amendments Act of 2008 (ada.gov); 42 U.S.C. Chapter 126 § 12101-12165
• Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504)
• 28 CFR § 35.136 Service Animals, Regulations for Title II of the ADA
• 28 CFR § 35.104 Definitions, Regulations for Title II of the ADA

History