Tuesday, July, 7th 2020 in Announcements, Condo, Contracts, Health, HOA, Legal, company Animals, merchants by admin

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Finally, the Florida legislature happen a invoice regulating the the end of control problem of emotionally Support animals in Florida’s neighborhood associations. SB 1084 was signed right into law by branch DeSantis ~ above July 1, 2020, and also takes impact immediately. The brand-new law gives for the complying with (a copy of SB 1084 have the right to be discovered here):

1. Amends Florida’s Fair housing Act by prohibiting a real estate provider, to the extentrequired by commonwealth law, rule, or regulation, come deny real estate to a human being with a special needs or adisability-related need who has an pet that is forced as support. It specifies emotional support pet as an pet that is not required to it is in trained to assist a human being with a special needs but, byvirtue that its presence, offers support to reduce one or much more identified symptom or results ofa who disability.

2. The invoice prohibits a real estate provider from charging a human being with an emotional support animal additional fees. That does allow a real estate provider come prohibit the pet if the poses a straight threat to the safety, health, or home of others and to request written documentation that fairly supports that the person has a disability. The supporting details may be noted by any federal, state, or local federal government agency, mentioned health care practitioners, telehealth providers, or out-of-state practitioners that have listed in-person care or services to the tenant ~ above at the very least one occasion. If a human requests come keep an ext than one emotional support animal, the real estate provider might request information about the details need because that each animal and may need proof of licensing and vaccination requirements for each animal.

3. The invoice prohibits a housing provider to request information that discloses the diagnosis or severity that a person’s disability or any kind of medical records relating come the disability. The housing provider is authorized to develop a routine procedure for reasonable house requests relating to emotional support animals, but prohibits the rejection of a inquiry based just on a tenant’s failure to usage a specific type or process.

4. The invoice creates a new cause because that disciplinary action against a health care practitioner’s license for providing supporting information for one emotional support animal, without personal knowledge of the patient’s disability or disability-related need. It likewise creates the misdemeanor crime of providing false or fraudulent emotional support animal information or documentation, and requires a convicted person to carry out 30 hrs of community service for an company serving persons v disabilities, or one more entity or company the court identify appropriate.

by Joshua G. Gerstin, Esq. Of Gerstin & Associates

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