What Is The Law For Service Dogs In Florida
By John Westward. Egan
Seyfarth Synopsis: A new law in Florida takes aim at fraudulent requests for emotional support animals in housing by requiring that residents do more than provide online animal "registrations" or certificates, mandates that health care providers have personal noesis of their patients' disabilities and related needs before supporting these requests under threat of professional person discipline, and even provides for criminal penalties.
Florida recently enacted a law intended to combat fraudulent requests for emotional support animals in housing. Effective July 1, 2020, SB 1084 provides that brute registries, certifications, and similar online documents are insufficient to support these requests. Significantly, the law also provides a basis for professional discipline for wellness care practitioners that result supporting documentation without personal knowledge. Farther, it imposes criminal penalties for those who make or support fraudulent requests for these animals in housing.
What is an emotional back up creature? SB 1084 defines information technology as "an animal that does not require preparation to do piece of work, perform tasks, provide help, or provide therapeutic emotional back up past virtue of its presence which alleviates one or more identified symptoms or effects of a person'south disability." Contrast that with a service animal which, by definition, must be trained to perform piece of work or tasks for a person with a disability.
The federal Off-white Housing Deed has always required housing providers to accommodate emotional back up animals. SB 1084 adopts that requirement under Florida law and provides guidance about the documentation that a housing provider can ask for when considering a asking to conform an emotional back up animal.
For case, a housing provider can only request medical support when the resident's disability is not readily apparent, and it cannot crave disclosure of the resident'due south diagnosis or severity of a inability. If the bear witness that the resident provides is sufficient, then the provider cannot charge a fee or higher hire based on the animal (only it tin can appraise charges for property harm caused by that animal). Additionally, consistent with federal rules, the Florida law provides that a housing provider is under no obligation to accommodate an animal that poses a direct threat to the health or safety of others, where that threat cannot be reduced or eliminated by another reasonable adaptation.
The Florida law goes further than federal police force, however, to address what type of supporting testify is and is not legally sufficient for emotional support creature requests. As well, dissimilar federal police force, SB 1084 imposes penalties on those who brand (and support) fraudulent requests. Here are the key aspects:
Online Registries and Certifications Bereft. An emotional support fauna registration of any kind, including an identification card, patch, certificate, or like registration document obtained from the internet is not, by itself, sufficient to show a resident disability or need for the animal. For health intendance or other practitioners to provide reliable information about resident disabilities and emotional support animals, they must have personal cognition of the resident's disability and be acting within the telescopic of their do to provide the supporting information.
Out-of-Country Back up Express. The law places limitations on out-of-land health care and other practitioners (excluding licensed telehealth providers) that certify these requests. To document that a resident has a inability, an out-of-land practitioner must accept provided in-person care or services to the resident on at least i occasion.
Potential for Professional Subject field For Health Care Providers. Offer information about either a person'southward disability or disability-related need for an emotional support brute, without personal knowledge, is grounds for disciplinary action.
Criminal Penalties. A person who falsifies data or documents, or knowingly provides fraudulent information or documents, to support an emotional support animate being request, or who otherwise knowingly and willfully misrepresents their disability status or needs, commits a misdemeanor criminal offence in the second caste. A convicted offender must also perform 30 hours of community service for an system that serves people with disabilities, or some other system designated by the court.
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Reports of outlandish or exotic animals being passed off as emotional support animals on airplanes or in housing, while often entertaining, obscure the legitimate function of these animals for people with disabilities. Emotional support animals are not pets, and ofttimes provide critical assistance for people with disabilities. Likewise, "no pet" rules in housing serve the legitimate function of reducing animal hair and dander in living spaces for the benefit of residents with allergies and other respiratory disabilities and impairments.
The Florida law is a welcome development for housing providers that seek to bide by their "no pet" rules, and brand exceptions only for not-fraudulent requests past residents with disabilities. Other jurisdictions facing similar abusive practices may take note and consider whether to implement their own legislation in the future.
Edited by Minh N. Vu
What Is The Law For Service Dogs In Florida,
Source: https://www.adatitleiii.com/2020/08/florida-enacts-law-to-combat-emotional-support-animal-fraud-in-housing/
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