Skip to Content

Gov. DeSantis Signs Law to Address Emotional Support Animals in Housing

On June 24, Gov. Ron DeSantis signed Senate Bill 1084 into law, prohibiting housing discrimination for people with a disability-related need for an emotional support animal (ESA).

SB 1084, now Florida Statutes section 760.27, is effective July 1, 2020. While prohibiting discrimination, it allows housing providers to request information supporting a person’s need for an ESA, including:

  • Disability determinations from government agencies or receipt of disability benefits from government agencies;
  • Information from health care or telehealth providers (but only providers who have provided in-person care or services to the person at least once is considered supporting information); or
  • Information from any other source that the housing provider determines is reliable.

To limit personal medical information from being disclosed, housing providers cannot request information that discloses the diagnosis or severity of a person’s disability, or any medical records relating to the disability.

SB 1084 also prohibits housing providers from charging more for accommodating an ESA and places limits on how a housing provider can request supporting information.

To limit bad actors and abuse by non-disabled individuals, housing providers do not have to accept an ESA registration, card, patch, or other identification obtained purely from an internet source as supporting information. Likewise, SB 1084 adds criminal penalties for any person who falsifies documentation, knowingly provides fraudulent information or documentation, or willfully misrepresents having a disability or disability-related need for an ESA.

For specific information on the remainder of Senate Bill 1084, or any other 2020 Florida legislation, please refer to Carlton Fields’ 2020 Florida Legislative Post-Session Report, contact the authors of this update, or contact members of the Carlton Fields Real Estate Practice or the Government Law and Consulting Practice.

Related Industries
Real Estate
©2024 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.


The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.