Can I reject a tenant with a service dog in FL?

[Huiping S.]

This property is our personal former home and I list it by myself as a realtor. One new headache needs experienced landlords help: one potential has good income, meet the criteria of credit score (close to 680) and maybe the present landlord will be a fair reference ( he told me) BUT he has a registered service dog. He said based on FL law, landlord or realtor can't reject his application because of his this dog or charge fee for this dog and that is discrimination. This home listed as pet-free home. I already rejected few better potential candidates who inquired to have a dog. Can anybody give some help for this situation? Thanks for help. Huiping

[Ian R.]

@Huiping S.

Here's the Florida statute that applies to service dogs:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0413/Sections/0413.08.html

It defines a service dog as:

Service animal” means an animal that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

The statute also states:

The crime-deterrent effect of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for purposes of this definition.