New legislation requires individuals with a disability or a disability-related need for an assistance animal to be under the current care of a licensed practitioner.
Our housing letter product fully complies with this requirement.
Florida Law (SB 1128)
As of July 2019, in the state of Florida, assessment-only ESA letters may no longer be allowed under law. Florida State bill (SB 1128) clarifies that documentation supporting an emotional support animal may not be prepared by a health care practitioner whose exclusive service to the individual with a disability in preparation of the written documentation in exchange for a fee.
A person who falsifies written documentation for an emotional support animal or otherwise knowingly and willfully misrepresents herself or himself, through conduct or verbal or 104 written notice, as using an emotional support animal and being qualified to use an emotional support animal commits a misdemeanor of the second degree, punishable as provided in s. 107 775.082 or s. 775.083, and must perform 30 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than 6 months.
These legislative changes are intended to stop online services that exist solely to provide paperwork for emotional support animals.
ESAD’s Support of SB1128
“Typically operated out of a rented mailbox, these operations are profit-driven and not client-centered. $22 letters, false advertising, false claims, and fictitious documents that don’t comply with federal law. Letters that are routinely rejected. Out-of-state therapists who are illegally practicing within the state.”
“No therapy options offered to clients. No sessions, no care, no concern for their mental health. Forget HIPPA compliance. All that’s missing is a Groupon coupon. It’s just bogus.”
HUD to Limit Access to ESAs
The Department of Housing and Urban Development is moving forward with a proposal that could limit people’s right to live with emotional-support animals under the Fair Housing Act.
These laws have grown increasingly controversial in recent years, as a result of news reports about healthy pet owners exploiting legal accommodations.