ESA Weekly News Report May 29th: New Crackdown on Fake ESAs Coming to Florida Soon

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  • ESA Weekly News Report May 29th: New Crackdown on Fake ESAs Coming to Florida Soon

By: Rita Cunha Updated: December 4, 2020

ESA dogs in Florida

This week, we’re looking at yet another restrictive ESA law coming to the books very soon. This time, it’s Florida’s turn to crack down on fake assistance animals. Learn how this will affect your community on today’s emotional support animal news report.

Florida Aims to Get Rid of Fake ESAs

The Florida 2020 Legislative Session ended in mid-March. But before hearings were adjourned, an important bill passed both in the House and Senate. It aims to criminalize passing off a pet as an ESA or a service animal. It should kick into full effect on July 1st, 2020.

Senate Bill 1084 was first introduced in early December 2019. It is one of many bills that have been proposed over the past few years to regulate ESAs. These assistance animals are protected by federal laws, but only if they are legitimate.

Unfortunately, countless people have unrightfully taken advantage of ESA laws for their own gain, despite not having a mental or emotional illness. Now, Florida will punish them.

Under this new bill, those misrepresenting an ESA will be charged with a misdemeanor of the second degree. Additionally, they must serve thirty hours of community work.

Similarly, there will be punishment for therapists who issue fake ESA letters. If their client does not have a disability, they will be subject to disciplinary action. This is an unusual and innovative move.

Furthermore, finding housing even for legit ESAs could become trickier in Florida. If the animal is deemed “a direct threat” to other tenants, landlords can turn away ESAs. They can also ask for more information regarding the owner’s disability if it is not readily apparent.

This bill also highlights that all ESA owners must have a valid ESA letter. This document must be issued by a licensed mental health professional who has a relationship with the patient. IDs, a patch, and vests are not enough to prove an emotional support animal is legit.

SB 1084 has wide bipartisan approval. Its supporters claim it will clear up confusing guidelines on unlawful ESAs and will be a win for everyone involved. In just over thirty days, Florida will be an anti-fake-ESA state.

Source: https://www.flsenate.gov/Session/Bill/2020/1084

CertaPet’s Thoughts on This Week’s News

We’ve seen several restrictive ESA laws being passed in the past few months. As always, we welcome this new bill and hope it effectively ends the plague of fake ESAs.

Misrepresenting an assistance animal is not a victimless crime. People who legitimately need their ESA as part of their therapy often get judged based on the actions of unruly, unlawful ESAs. It’s time this stops.

If you do need an ESA to help you live with your disability, do it the right way. Get started by taking our 5-minute pre-screening test for free. We’ll connect you with a licensed mental health professional who will have a consultation with you. If you qualify, you will receive your ESA letter. Simple, following the law, and no cutting corners!


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