b'Emotional Support Animal Law continued4) Information from a qualified licensed or certified practitioner or provider may not require the use ofhealth care practitioner, telehealth provider in good standing with his a specific form or notarized state-provider or any other similarly or her professions regulatory body ment, or deny a request solelylicensed or certified practitioner or in another state. Such information because a person did not follow theprovider in good standing with his is reliable if the practitioner or housing providers routineor her professions regulatory body provider has personal knowledge of method.in another state, but only if such the persons disability and is acting As noted earlier, a major pointout-of-state practitioner has provid- within the scope of his or her prac- under this law: Some sort of certifi-ed in-person care or services to the tice to provide the supporting cate or other online registrationtenant on at least one occasion. information. obtained via the internet, by itself,Such information is reliable if the 2) Information from any other is insufficient to establish that thepractitioner or provider has person- source that the housing provider person has a) a disability oral knowledge of the persons disabil- reasonably determines to be reliable b) a disability-related needity and is acting within the scope of in accordance with the federal Fair for an ESA.his or her practice to provide the Housing Act and s. 504 of the Finally, if the community asso-supporting information Rehabilitation Act. ciation receives a request for a rea-5) Information from any other Namely, in establishing the sonable accommodation or modifi-source that the housing provider need for a particular ESA, a hous- cation based on the need for anreasonably determines to be reliable ing provider may ask for evidence emotional support animal or serv-in accordance with the federal Fair to show the need for the ESA itself. ice animal, the association wouldHousing Act and s. 504 of the The law also states that if the per- be well-advised to consult withRehabilitation Act of 1973 son requests to keep more than one counsel to ensure compliance withIn other words, when a persons ESA, the housing provider can ask both federal and state laws. !disability isnt readily apparent, a for information specific to eachhousing provider may request animal. This is in addition to beinginformation to support the claim of able to request proof of vaccina-a disability. This could come in var- tions. To watch a video regardingious forms, i.e. receipt of disability The above paragraphs lay out service and emotional supportbenefits from the state or a letter what can be asked by a service animals and the most commonfrom a treating health provider stat- provider. So now lets look at what question realtors and communitying the person does in fact have a cannot be done with regards to managers ask, please click on thedisability.requesting information on ESAs: following link:Establishing the need for Specifically, the new law states that https://www.floridarealtors.org/newan ESA a housing provider may not request s-media/video-Again, when not readily appar- information that may disclose or library/learning/legal-update-new-ent, you are able to ask for reliable reveal the actual diagnosis or severi- laws-regarding-service-emotional-information that reasonably sup- ty of a persons disability. Nor can support-animalsports the persons need for the par- any medical records be requestedticular emotional support animal relating to that disability. If the per-being requested. The statute clari- son, i.e. tenant or buyer, chooses tofies that this information may provide this information, that is atinclude: the discretion of that individual. Meredith Caruso, is Associate General1) Information identifying the Additionally, while a housing Counsel for Law & Policy at Floridaparticular assistance or therapeutic provider may develop and make Association of Realtors, Tallahassee, FLemotional support provided by the available to persons a routine www.FloridaRealtors.org specific animal from a qualified method for receiving and process- NOTE: Please see page 15 for more on thehealth care practitioner, telehealth ing reasonable accommodation difference between a service animal, therapyanimal, and Emotional Support Animalprovider or any other similarly requests for ESAs, a housing (ESA).10 - Suncoast Review Summer 2022 www.SuncoastCAI.com'