Senate Bill 2816: 

Relating to Community Associations

S2816    GENERAL BILL by Villalobos ( H 1373, Compare CS/H 0433, CS/S 0902)
Community Associations [EPCC]; provides disclosure requirements for certain contracts for initial sale of parcel of real property & each contract for initial sale of residential unit; requires notice of proposed amendments to be provided to unit owners; authorizes board to install hurricane protection that complies with applicable building
code; revises powers & duties of homeowners' associations, etc. Amends FS. EFFECTIVE DATE: 07/01/2007.
03/05/07 SENATE Filed
03/20/07 SENATE Introduced, referred to Regulated Industries; Community
                  Affairs; Judiciary; General Government Appropriations
                  -SJ 00196
04/11/07 SENATE On Committee agenda-- Regulated Industries, 04/16/07, 1:30
                  pm, 110-S

6083      Section 75.  Emotional support animals.--
6084      (1)  Every homeowner or renter in this state shall have the
6085 right to own a companion animal and to have such animal live
6086 with them in their home if such companion animal is deemed
6087 helpful to the person's physical or psychological well-being as
6088 attested to by at least two qualified health care professionals.
6089      (2)  Any municipal or county code or ordinance, or any
6090 purported rule, declaration, by-law or other form of restriction
6091 contrary to the right provided in subsection (1) contained in
6092 any governing document of any condominium, cooperative, mobile
6093 home park, homeowner, or any other common interest ownership
6094 community association shall be deemed unconscionable, and thus
6095 unenforceable, invalid and of no legal effect.
6096      (3)  An animal does not require specialized training or
6097 skill in assisting its owner to be classified as a companion
6098 animal pursuant to this section. The animal can be a cat, dog,
6099 ferret, bird, gerbil, or any other commonly accepted
6100 domesticated animal. However, if such training can be
6101 documented, a letter from only one qualified health care
6102 professional is required, as per pre-existing federal disability
6103 and fair housing laws.
6104      (4)  Qualified health professionals include any physician
6105 or advanced registered nurse practitioner who is licensed in
6106 this state to prescribe medications for emotional or mental
6107 conditions, or any mental health worker, mental health
6108 counselor, psychologist, or social worker, who is licensed in
6109 this state to practice counseling therapy. The letter must say
6110 that the animal is necessary to ameliorate and help with life
6111 functions for a condition covered under the Americans with
6112 Disabilities Act. The letter does not have to give details of
6113 the nature of the unit owner's disorder, in order not to invade
6114 the patient's privacy per the Health Insurance Portability and
6115 Accountability Act. Where the primary residence of the owner is
6116 in another state, the qualified health care professional is
6117 defined as a qualified health care professional licensed in
6118 their home state.
6119      (5)  If it becomes necessary for an owner or renter in any
6120 condominium, cooperative, mobile home park, homeowner or any
6121 other common interest ownership association to enforce this
6122 section in court against an association which has threatened to
6123 limit his or her right to own and reside with a companion animal
6124 either orally or in writing, the homeowner shall be entitled to
6125 recover his or her reasonable costs and attorney's fees if the
6126 homeowner is the prevailing party. This attorney's fee provision
6127 is not reciprocal.
6128      Section 76.  Notwithstanding any provision to the contrary
6129 contained in a declaration of condominium, condominium bylaws,
6130 or other documents, a condominium developer who rents or leases
6131 any unsold units in a condominium must pay all monthly
6132 maintenance fees on those units to the association as if the
6133 units were owned by individual owners.
6134      Section 77.  This act shall take effect July 1, 2007.

CODING: Words stricken are deleted; words underlined are additions