This year’s legislative session is well underway, and there are a handful of bills that community associations should keep an eye on. Our firm is tracking the following bills that may have an impact on community associations, if passed:
HB 209 /SB 1084: Emotional Support Animals
Similar to federal law, Florida law requires reasonable accommodations for those individuals with service animals, but fails to provide guidelines for other assistance animals, such as emotional support animals (ESA). This bill amends Florida’s Fair Housing Act by prohibiting discrimination in housing against individuals with a disability or a disability-related need who require an ESA. The bill also prohibits housing providers from charging additional fees pertaining to an ESA. The bill specifies that the individual requiring the ESA is liable for any damages to the premises or to another person resulting from the ESA. This bill also allows a housing provider to request supporting information regarding the individual’s disability or disability-related need for the ESA, and creates a new cause for disciplinary action against a health care practitioner’s license for providing supporting documentation for an ESA to those whom they haven’t treated. Finally, the bill creates criminal liability for providing false or fraudulent documentation in support of an accommodation request for an ESA. If passed, this bill will be effective July 1, 2020.
This legislation proposes a vast amount of modifications to Chapters 718, 719 and 720, Florida Statutes. In part, the bill allows for the removal of outdated language in community association governing documents, confirms when board member term limits are considered to begin to run, and clarifies that owners need not provide a reason for inspecting association official records. If passed, this bill will be effective July 1, 2020.