In Re: Amendments to Florida Rule of General Practice and Judicial Administration 2.540

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).
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, well-
being, 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).

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