Can Hoa Ask For Therapy Animal Documentation Florida

Finally, the Florida legislature passed a bill regulating the out of command problem of Emotional Support Animals in Florida's community associations. SB 1084 was signed into police past Governor DeSantis on July i, 2020, and takes issue immediately. The new law provides for the following (a copy of SB 1084 tin be found hither):

one. Amends Florida'south Fair Housing Act by prohibiting a housing provider, to the extent required past federal law, rule, or regulation, to deny housing to a person with a disability or a disability-related demand who has an animal that is required as support. It defines emotional back up animal as an animal that is not required to exist trained to assist a person with a disability simply, past virtue of its presence, provides support to convalesce ane or more identified symptoms or effects of a person's disability.

2. The bill prohibits a housing provider from charging a person with an emotional support animal additional fees. Information technology does allow a housing provider to prohibit the animal if information technology poses a direct threat to the condom, wellness, or property of others and to asking written documentation that reasonably supports that the person has a disability. The supporting information may be provided by any federal, state, or local government agency, specified health intendance practitioners, telehealth providers, or out-of-land practitioners who have provided in-person care or services to the tenant on at least i occasion. If a person requests to go along more than than one emotional support animal, the housing provider may request information regarding the specific need for each brute and may crave proof of licensing and vaccination requirements for each brute.

iii. The beak prohibits a housing provider to request data that discloses the diagnosis or severity of a person's disability or whatsoever medical records relating to the inability. The housing provider is authorized to develop a routine process for reasonable accommodation requests relating to emotional back up animals, simply prohibits the denial of a request based only on a tenant's failure to use a specific form or process.

iv. The pecker creates a new cause for disciplinary action against a wellness care practitioner'south license for providing supporting information for an emotional support brute, without personal knowledge of the patient'south disability or disability-related need. It also creates the misdemeanor crime of providing imitation or fraudulent emotional back up animal information or documentation, and requires a convicted person to perform xxx hours of community service for an organization serving persons with disabilities, or another entity or system the court determines appropriate.

by Joshua M. Gerstin, Esq. of Gerstin & Associates

Source: http://www.campbellpropertymanagement.com/blog/2020/07/07/finally-florida-passes-emotional-support-animal-law/

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