Legal Question in Disability Law in Florida

theraputic pet discription according to florida law

I have a mental disability anxiety/attacks and depression. my yellow lab has helped me through these times and i have two dr. letters stating she is necessary for my theraputic needs. Now because she is over the weight limit in my community, they are trying to evict me from my home. I am so distraught over this that is just accelerates my condition. There are also many violations in this community that the board is not addressing. Because i am a new owner and not in ''The click'' i believer i am being not only discriminated against, mentally abused. e-mail [email protected] Please Help ME!


Asked on 8/07/01, 6:08 pm

1 Answer from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: theraputic pet discription according to florida law

The relevant Florida Statute is 413.08. The statute basically says that a "physically disabled person" can not be discriminated against for keeping a service dog. Subsection (6)(a) defines a "physically disabled person" as:

"physically disabled person" means any person having a physical impairment that substantially limits one or more major life activities.

An argument might be made that your anxiety results in physical manifestations which "substantially limits one or more major life activities."

The statute also refers to service dogs as being "specially trained". This might cause a glitch in your argument, but I would let the condo commandos raise that as an issue. I assume you live in a condo.

You should schedule a formal consultation with a� lawyer.� A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association.��� They probably have a web site and charge a nominal fee for the referral.� Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck.-Elliot Goldstein (I also have an office in Tampa 727/804-3609 or 813/758-1862)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 8/08/01, 9:10 pm


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