Local lawmakers discovered last week that an existing state law protects disabled people who have a “support animal” from being evicted from a no pets allowed condominium. 

The issue arose on Jan. 28 at the Town Hall meeting in Lehigh Acres when Dianne Highfield, 55, told legislators that she was about to be evicted from her Whiskey Creek condominium in Fort Myers because she has a dog in her home prescribed for her by a physician due to a brain injury she suffered in 1996. 

Her plea for help touched the hearts of State Rep. Lindsay Harrington, R-Punta Gorda and State Sen. Mike Bennett, R-Bradenton. Both promised to file legislation to create a loophole in Florida condominium law for handicapped people who have a “therapeutic dog.” 

As it turned out, no legislation was necessary. 

Harrington’s aide, Cynthia Beckett, was assigned to do the research on the proposed bill. 

Service animals such as Highfield’s dog, Fergie, are covered under State Statue 760.23, she told the News Star on Wednesday, Feb. 12. There is an exemption for these animals in existence. 

Beckett said she contacted Highfield and told her to write the Village Green Condo Association a certified letter giving them five days to acknowledge that she has rights to have an animal based upon state statutes. If they do not respond, she should file a complaint with the Florida Division of Condominiums’ Fair Housing Authority. 

Highfield told the News Star on Thursday, Feb. 13 that she did send the certified letter to Village Green Condo Association Secretary Barbara Kaldahl. 

She said the condominium association met on Feb. 5 and seven of its 23 members objected to the attempts being made to get rid of her dog. 

Kaldahl told the News Star that her reading of State Statute 760.23 does not support Beckett’s and Highfield’s interpretation of the law. 

“We’ve been hearing that since the 1960s,” she said. 

Kaldahl said she has received Highfield’s letter, and the statute gives the association 30-days to respond, not five. The letter will be turned over to an attorney experienced in condominium law. 

Kaldahl said no vote was taken on the issue at the Feb. 5 association meeting. She acknowledged that some members sided with Highfield. She set the number at five. 

“They're going to get a lawyer when they can’t afford to get the trees trimmed,” Highfield said. 

The association wants to meet with her, she said. However, she is not inclined o accommodate them. 

Highfield’s dog is a Cavalier King Charles. The 22-week old dog is to be trained to detect the onset of a seizure and alert Highfield in advance, so she can take the proper precautions. 

As part of her therapy, Dr. James R. Boorstin of Naples prescribed a “therapeutic dog” for Highfield to provide her with comfort and love as well as assist in her responsibilities to take care of herself. 

The Village Green Condo Association put her on notice at its January meeting to get rid of the dog or face the possibility of eviction from the house she owns. 

Highfield is a registered nurse who is no longer able to work because injuries suffered in an automobile accident. Her car was struck by another vehicle traveling about 80 mph at the intersection of Pine Ridge Road and Gladiolus Drive. She was in a coma for six weeks. 

“I lost my profession. I woke up to a whole new life,” she said.