Service Animals an area that the association has little control over and which generates lots of complaints from owners and resident who purchased in an association with “no pet rules” and then find themselves living next to a dog or other animal, which the rules do not apply to because of federal and or state laws such as the ADA (Americans With Disabilities Act) may get even harder to remove. A bill filed by Representative Ricardo Rangel (D-Osceola), HB 1073 which amends Section 413.08 of the Florida Statutes seems to remove the ability of association or other accommodation to request proof of certification and or training from owners of service animals. This would seem to open a Pandora’s Box of he said she said making no pet rules unenforceable. While well intended to create greater access to those who need the assistance of a service animal for daily living no provisions are made in current law or the proposed law to protect those who buy in pet free buildings because of allergies, phobias and real or imagined fears of dogs or other pets.
As managers we are often faced with owners that have objections to the “service or ESA dog next door” but if the credentials or medical need is established there is little or nothing we can do. This proposed bill would not even allow us to ask for proof or verification of the need or training.
If you feel that the rights of those with service animals and ESA animals need to be balanced with the rights of those that choose to live in a pet free environment now is the time to make your voice heard with your Florida Representatives.
Full Text of HB 1073 http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=50357
