New Emotional Support Animal Law Florida 2020 - What it Means for Landlords and Condo Residents with an ESA Dog or Cat

New Emotional Support Animal Law Florida 2020 - What it Means for Landlords and Condo Residents with an ESA Dog or Cat

Aug 10, 2022 August 10, 2022

Do you have an Emotional Support Animal ESA? Maybe you have an emotional support dog and are moving? Are you thinking you may need to have your pet become certified as an ESA? We go over everything you need to know about having an ESA and the latest Florida real estate laws so you can know what to do when it comes to owning or renting with an ESA in Florida. 

This article was originally published August 5, 2020; it was last updated August 10, 2022.

There's been a lot of discussion about mental health these days and for good reason. Our mental health is of paramount importance, especially in these modern times. With all the thought and energy we spend on our physical health, it makes sense that we should also take care of our mental health.

One way emotional conditions, are treated and helped is with emotional support animals (ESA), usually an emotional support dog or cat. But if you have an ESA, and as a person with an emotional condition or disability, including depression or anxiety, moving and finding a new home can come with a whole new set of challenges. And no one needs the added fear and stress of possibly being denied housing or being discriminated against for owning an emotional support animal (ESA). 

Thankfully, a new law was passed in Florida, effective July 1, 2020, which explicitly states what you and your current or prospective housing provider can and cannot do in regards to Emotional Service Animals. The law applies to all condos, apartments, and rental homes.

This new law also addresses a growing concern among landlords and condo boards, wherein tenants have been wrongfully passing off their pets as Emotional Support Animals by obtaining illegitimate ESA letters and certificates online.

Woman and her Cat - Ph: Oleg Ivanov

Photo courtesy of Oleg Ivanov


Here’s how the 2020 Florida ESA law empowers both sides: 


Emotional Support Animal (ESA) Rules: What a Florida Landlord Cannot Do

A Florida landlord cannot deny housing for disability or disability-related need. Amending the Florida Fair Housing Act, the new law strictly prohibits landlords from denying housing to any person with a disability or disability-related need who owns an Emotional Support Animal or acquires one in the future.

A Florida landlord cannot ask you to disclose diagnosis or severity of disability. The new Florida ESA law prohibits landlords from requesting any kind of specific information related to the diagnosis or degree of severity, or even medical records relating to the disability. This further applies to any special forms or routine processes the housing provider may have in place. In case the tenant with an ESA fails to comply with the landlord’s “routine processes,” they still cannot be denied housing. 


Does my Emotional Support Animal (ESA) need to be trained? 

No special ESA training required. Unlike service animals, since the very presence of an Emotional Support Animal helps alleviate symptoms in the affected person, the new law does not require ESAs to undergo specific training. However, it is highly recommended for owners to train their ESAs on safety and good behavior. So this means that your landlord or condo board cannot require that your emotional support dog have any special training or skills. 


Can I be charged pet deposits or monthly fees for my ESA?

No additional pet deposit or monthly fees for ESA dog or cat. The bill explicitly prohibits housing providers from charging any additional fees for keeping ESAs, irrespective of their existing pet policies.


What kind of documentation or ESA letter do I need now? 

Online ID card, patch, certificate, or other registration is not enough. Owing to the number of people misusing such online documentation to pass off their pets as ESAs, or simply having incomplete information, this part of the law protects landlords and empowers those in need. 

Owners of Emotional Support Animals will now need to:

  1. Provide written documentation from any federal, state, local government agency, or specified health care practitioners, telehealth providers, or even out-of-state healthcare practitioners who have provided care/services to the person on at least one occasion, establishing that the person has an emotional disability for which the ESA has been prescribed.
  2. Provide written documentation to establish the need for an ESA, identifying the particular assistance or emotional support provided by the animal from any of the bodies or practitioners mentioned above.


Who can write an Emotional Support Animal (ESA) letter? 

As mentioned above, an ESA letter must be written by any licensed federal, state, local government agency, or specified health care practitioners, telehealth providers, or even out-of-state healthcare practitioners who have provided care/services to the person on at least one occasion, establishing that the person has an emotional disability for which the ESA has been prescribed. 


What are the requirements for the (
Emotional Support Animal) ESA letter? 

Usually, the ESA letter must be written by a licensed health practitioner or mental health professional who has determined that you have an emotional condition that qualifies as a disability. Additionally, while the ESA letter does not state your diagnosis, your mental or emotional condition should be listed in the Diagnostic and Statistical Manual of Mental Disorders.

Additionally, your health care professional will typically state the following: 

  • The identified condition substantially limits your ability to participate in at least one major life activity
  • The professional has determined that an emotional support animal would help treat the condition or ease your symptoms, and this is your prescription for an ESA 
  • Your ESA letter must be on your therapist’s or licensed health professional’s official letterhead
  • The ESA letter should include your therapist’s or health professional’s license details, issue date, and state

Disciplinary action against healthcare practitioners providing fraudulent ESA documentation. The new law creates a clause, wherein disciplinary action will be taken against a healthcare practitioner’s license for providing support information or documentation for an ESA without having any personal knowledge of the person’s disability or disability-related need. Explicitly mentioning it as a misdemeanor crime, the convicted person will need to perform 30 hours of community service as per the court’s orders.

Man playing with two dogs at the beach - Ian Badenhorst

Photo courtesy of Ian Badenhorst


I have more than one Emotional Support Animal (ESA). What do I do? 

Rules for keeping multiple ESAs. In this case, the housing provider has the right to request information on the specific need being met by each animal, or how each emotional support animal is helping with the owner’s specific emotional needs, along with proof of licensing and vaccination requirements for each of the animals.

So similar to having one ESA, you will need to a letter for each ESA from your licensed mental health professional.

While the above-mentioned information has been simplified, making it easier to understand, you will find the exact details in this copy of the complete Emotional Support Animal SB1084 document here. For any other questions regarding this new law or condo living in Miami, you can call or email us here and an expert will be happy to help you.


Cover photo: Roberto Nickson
Contact Us
Sep Niakan
Broker / Team Lead
(305) 697-7667
sep@blackbookproperties.com
Request Info
By sending you agree to CondoBlackBook's Terms of Use

Your Miami Condo Awaits

Recent Posts

Watch: Don’t Miss These Top 5 Oceanfront Luxury Condos Coming to Miami Beach
Preconstruction Watch: Don’t Miss These Top 5 Oceanfront Luxury Condos Coming to Miami Beach
Love oceanfront living? Looking for a truly exclusive, brand-new residence on Miami Beach? Then this video is a must-watch for you! There is a new set of impeccable condo projects, each with stunning water views, five-star amenities, a unique blend of nature and architecture, and offering the gold standard in luxury hospitality coming to Miami Beach.   Rivaling some of the most desirable beachside destinations in the world, these new construction luxury condos are the future of luxe living in Miami Beach. Let’s dive  into our curation of the 5 Best Oceanfront New Construction Condos coming to Miami Beach that you should know about:   Unlocking Luxury: The BEST New Oceanfront Condos in Miami Rosewood Residences at the Raleigh Hotel: This Rosewood-branded 17-story condo tower will rise next door to the restored version of the iconic Raleigh Hotel. With 44 exquisite beachfront homes, this ultra-luxury tower will feature unobstructed water views from every unit, access to the hotel’s...
Edgewater Development Guide - Edgewater is Becoming Miami’s Premier Luxury Neighborhood & These are the New Condo Projects Planned
Preconstruction Edgewater Development Guide - Edgewater is Becoming Miami’s Premier Luxury Neighborhood & These are the New Condo Projects Planned
If you’ve taken a walk around Edgewater lately, or followed the news, you’ll know that our favorite bayfront neighborhood in Miami has become a hotbed of construction activity. Driven by strong market demand for luxury condos, more developers are adding to the spectacular lineup of new construction in Edgewater, Miami. And it’s obvious why – its beautiful bayfront location, centered around an 8-acre park and marina, a family-friendly environment, centrality to every major neighborhood in the city like Wynwood, the Design District, and Downtown, plus a short scenic drive to South Beach – all make Edgewater highly desirable. Once barely a neighborhood anyone would talk about fifteen years ago, Edgewater has cemented itself as a top choice for luxury high-rise living in Miami.  So here’s a look at all of the new condo projects in development for this lovely Bayside enclave. This article was last updated on September 15, 2023. — New Condo Developments in Edgewater Aria Reserve, 700...
The Top 10 Tallest Buildings in Miami You Can Live In
Real Estate News The Top 10 Tallest Buildings in Miami You Can Live In
If you’ve been visiting Miami over the years, you’ve probably noticed that the buildings keep getting taller. Ever since the FAA (Federal Aviation Administration) upped its height restrictions to 1,049 feet in 2015, Miami’s skyline has continued to elevate itself with glimmering designs of glass and light. The tallest residential building in Miami, as of this post, is the apartment high-rise Panorama Tower at 828 feet. Considering we’re only ranking the tallest condo buildings in Miami, you won’t find the skyscraper on this list. And as new condo towers are announced constantly, Panorama Tower will soon be forfeiting its Tallest Miami Building title to one of the planned supertalls in development listed down below. Call them #supertalls or #skyscrapers, this new breed of condo tower (at least for Miami) is set to redefine the city’s skyline and take luxury living and the Magic City to new heights, bringing it on par with New York City, Chicago, Hong Kong, and so on. So, which Miami...
August 2023 Condo News Update: Pre- and New Construction in Fort Lauderdale and Palm Beach
Preconstruction August 2023 Condo News Update: Pre- and New Construction in Fort Lauderdale and Palm Beach
The last several years has seen South Florida become the darling destination for Northeasterners and West Coasters looking for a beautiful climate, better quality of life and favorable financial and tax environment. And as Miami continues to be built out with new luxury developments, demand is increasing in the neighborhoods of Fort Lauderdale and the Palm Beaches, just up the coast.  And South Florida developers are more than happy to oblige the surge in interest, planning and launching new, amenity-rich, luxury condo developments across the tri-county area. Here’s an update on all of the new developments in preconstruction or under new construction in Fort Lauderdale and the Palm Beach area for August 2023. At a glance, in a major turn of events Frisbie and Hines sold their Robert A.M. Stern-designed South Flagler House parcel to Stephen Ross’ Related Companies for $195M. Developer 13th Floor launched sales for the gated Marina Landings single-family home community. BGI Cos. and...
Miami's Most Green Condo Buildings
Real Estate News Miami's Most Green Condo Buildings
You recycle, you love nature, you care for the environment, AND you're lucky enough to call South Florida’s beautiful landscapes home. Indeed, being able to do your part, even in the slightest of ways can be very gratifying, so why not live in a green building too? In this blog, we’ll cover all you need to know about Miami’s eco-friendly projects, from the specifics about LEED certification – in case you’re looking to buy a LEED-certified condo in Miami, as well as a comprehensive list of buildings to choose from. Let’s go! This article was last updated on September 5, 2023. — First, What's LEED Certification? LEED stands for Leadership in Energy and Environmental Design and it has become the world's most popular green building rating system. Led by the non-profit U.S. Green Building Council, the voluntary program rates a project's design and construction on using fewer resources, reducing negative impacts on the environment, decreasing lifecycle costs, and maximizing residents'...
The Most Luxurious Buildings in Coral Gables
Luxury The Most Luxurious Buildings in Coral Gables
Coral Gables, also known as City Beautiful, is one of Miami’s oldest, most scenic neighborhoods, and one of the few planned cities in Florida. Alive with sprawling botanical gardens, canopied streets, Mediterranean revival architecture, one of the best universities in the country, and nationally recognized historical landmarks, this part of Miami captivates with its idyllic charm and family feel. And although it is renowned for its gorgeous single-family homes and mansions, there are also beautiful and lavish condo buildings that embody what this city is all about. In this blog, we list the most expensive Coral Gables luxury condos, give you a sneak peek of the pre-construction projects that are set to raise the bar in this enchanting neighborhood, and we’ll answer all your frequently asked questions about living here. — Top Five Luxury Condo Buildings in Coral Gables 5. Biltmore Parc  718 Valencia Avenue, Coral GablesAverage List Price: $811 per square foot Just a couple of...