Supreme Court of Florida

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No. SC22-1277

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IN RE: AMENDMENTS TO FLORIDA RULE OF GENERAL 

PRACTICE AND JUDICIAL ADMINISTRATION 2.540.

March 23, 2023

PER CURIAM.

The Florida Bar’s Rules of General Practice and Judicial 

Administration Committee (Committee) filed a report proposing

amendments to Florida Rule of General Practice and Judicial 

Administration 2.540 (Requests for Accommodations by Persons 

with Disabilities) to specifically address the use of service and 

emotional support animals in the courts.1 The Board of Governors 

of The Florida Bar unanimously approved the Committee’s 

proposal, which the Court published in the November 2022 issue of 

The Florida Bar News. No comments were received.

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see 

also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
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We agree with the Committee that the use of the terms “service 

animals” and “emotional support animals” warrants guidance, and 

accordingly, rule 2.540 is amended as proposed. Specifically, 

“service animals” are defined as “any dog or miniature horse 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.” An “emotional 

support animal,” on the other hand, is a “companion animal that 

provides needed emotional support, well-being, or comfort to an 

individual in the forms of affection and companionship.” Such 

emotional support animals “are not trained to do any specific work 

or tasks for the benefit of an individual.” The rule is further 

amended to provide that notification should be given in advance 

when an individual intends on seeking an accommodation of using 

either a service or emotional support animal. However, failure to 

provide such advance notification in the case of a service animal 

will not preclude the use of the service animal where otherwise 

permissible under the rule, whereas lack of advance notification of 

an emotional support animal may result in the animal not being 

allowed.
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Accordingly, we amend the Florida Rules of General Practice 

and Judicial Administration as reflected in the appendix to this 

opinion. New language is underscored; deleted language is stricken 

through. The amendments to these rules shall become effective on 

July 1, 2023, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, COURIEL, 

GROSSHANS, and FRANCIS, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of General Practice and Judicial 

Administration

Hon. Stephen R. Jewett, Chair, Rules of General Practice and 

Judicial Administration Committee, Orlando, Florida, Joshua E. 

Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, 

and Kelly Noel Smith, Staff Liaison, The Florida Bar, Tallahassee, 

Florida,

for Petitioner
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APPENDIX

RULE 2.540. REQUESTS FOR ACCOMMODATIONS BY 

PERSONS WITH DISABILITIES

(a) [No change]

(b) Definitions. The definitions encompassed in Title II of the 

Americans with Disabilities Act of 1990, as amended by the ADA 

Amendments Act of 2008 (Pub. L. 110-325, 122 Stat. 3553 (2008)), 

42 U.S.C. § 12101, et seq. and its implementing regulations, 28 

C.F.R. § 35.101 et seq., are incorporated into this rule.

(c) [No change]

(d) Process for Requesting Accommodations. The process 

for requesting accommodations is as follows:

(1) [No change]

(2) Requests for accommodations must include a 

description of the accommodation sought, along with a statement of 

the impairment that necessitates the accommodation and the 

duration that the accommodation is to be provided. The court, in its 

discretion, may require the individual with a disability to provide 

additional information about the impairment. Requests for 

accommodations shall not include any information regarding the 

merits of the case.

(3) If applicable to a court proceeding, the ADA 

coordinator, or designee, shall advise the judge or the judge’s staff 

of the request and proposed accommodation. The court, in its 

discretion, may require the individual with a disability to provide 

additional information about the impairment if the proposed 

accommodation may present a fundamental alteration in the court 

proceeding.

(4) Requests for accommodations must be made at 

least 7 days before the scheduled court appearance, or immediately 
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upon receiving notification if the time before the scheduled court 

appearance is less than 7 days. The court may, in its discretion, 

waive this requirement.

(e)-(f) [No change]

(g) Use of Service Animals.

(1) “Service animals” means any dog or miniature horse 

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. The 

work or tasks performed by a service animal must be directly 

related to the individual’s disability. This definition excludes 

animals that provide crime deterrence or emotional support, wellbeing, comfort, or companionship. 

(2) The court shall allow the use of a service animal by 

an individual with a disability in facilities of the courts and when 

participating in all programs or activities provided by the courts, as 

provided in and subject to the requirements of the ADA and Florida 

law.

(3) Subject to the requirements of the ADA, an 

individual seeking to use a service animal in a scheduled court 

appearance should notify the court in advance pursuant to the 

procedures in subdivision (d). The failure to give advance 

notification shall not preclude the use of a service animal where 

otherwise permissible under this rule.

(h) Use of Emotional Support Animals.

(1) “Emotional support animal” means a companion 

animal that provides needed emotional support, well-being, or 

comfort to an individual in the forms of affection and 

companionship. Emotional support animals are not trained to do 

any specific work or tasks for the benefit of an individual.

(2) The court may permit an individual the use of and 

accompaniment of an emotional support animal when participating 
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in programs, services, or activities provided by the courts of this 

state.

(3) An individual seeking to use an emotional support 

animal in a scheduled court appearance must notify the court in 

advance pursuant to the procedures in subdivision (d).