Moving to Florida With Your ESA? Why Your Out-of-State Letter May Not Be Accepted
Thousands of people move to Florida every month, and many bring an emotional support animal (ESA) with them. If you already have an ESA letter from your old state, you might assume it transfers with you. In Florida, that’s often not the case.
Florida is one of the few states that wrote its own ESA rules directly into law, and those rules put specific limits on letters from out-of-state providers. Here’s what you need to know before you sign a lease.
Florida Has Its Own ESA Law: Statute 760.27
In 2020, Florida passed Section 760.27 of the Florida Statutes, which took effect July 1, 2020. It spells out what a housing provider (landlord, property manager, condo association, or HOA) can and can’t ask for when you request to keep an ESA.
Under this law, a housing provider can’t charge extra fees to keep your ESA, and can’t demand your diagnosis, the severity of your condition, or your medical records. But it can ask for reliable documentation of your disability-related need for the animal when that need isn’t obvious.
The Out-of-State Rule Most Newcomers Miss
Here’s the key detail. Florida law accepts documentation from a practitioner licensed in another state only if that practitioner has provided in-person care or services to you on at least one occasion.
That means a letter from an online provider in another state, issued after a video call or questionnaire, can be rejected by a Florida landlord. The provider must also have personal knowledge of your disability and be acting within the scope of their practice.
By contrast, a Florida-licensed mental health professional can evaluate you through telehealth and issue valid documentation without an in-person visit.
| Who wrote your letter | Accepted under Florida law? |
|---|---|
| Florida-licensed professional, in person or telehealth | Yes |
| Out-of-state provider who has seen you in person at least once | Yes |
| Out-of-state provider who only met you online | Can be rejected |
| “Registration” or “certificate” website | No |
Meet Your Florida-Licensed ESA Letter Provider
Jay Charboneau MS, LMHC, CAP
Licensed Mental Health Counselor – MH15843
Issue Date – 03/26/2018
Renewal Date – 03/31/2027
Phone Number: (727)344-9930
Email: jaycharboneau@gmail.com
About Jay
Hi, I am Jay Charboneau. I live, work, and practice in Saint Petersburg Florida. I am an educator and lifelong advocate of the rights of those suffering from mental health disorders. As a dog lover myself, I understand the emotionally soothing and healing benefits of having your pet with you. Don’t hesitate to call me if you have any questions about your mental health or an emotional support animal.
ESA Letters Across Florida
Florida Pet ESA serves clients statewide, including:
Why This Matters More in 2026
On May 22, 2026, the U.S. Department of Housing and Urban Development (HUD) rescinded its 2020 federal guidance on assistance animals and narrowed how it enforces ESA complaints. HUD’s withdrawal did not erase ESA protections, but it made the federal picture less certain.
Florida Statute 760.27 remains fully in force, and the Florida Commission on Human Relations still handles state fair housing complaints. For Florida renters and condo owners, state law now does most of the heavy lifting, so having documentation that clearly meets Florida’s requirements matters more than ever.
Florida Also Penalizes Fake ESA Claims
Florida takes ESA documentation seriously on both sides. Under Florida Statute 817.265, knowingly submitting false ESA information is a second-degree misdemeanor. Health professionals can also face discipline for supporting an ESA request without personal knowledge of the person’s need.
This is one reason Florida landlords and HOA boards look closely at letters from out-of-state websites.
Your Moving Checklist
- Check who wrote your current letter. Is the provider licensed in Florida? If not, have they ever seen you in person?
- Get Florida-compliant documentation before you apply. Submitting it with your rental application avoids delays and back-and-forth.
- Gather local records. Florida landlords can ask for proof your ESA meets state and local licensing and vaccination requirements, so bring rabies certificates and register your pet with your new county.
- One letter per animal need. If you have two ESAs, Florida law lets the housing provider ask about the specific need for each animal.
- Keep copies handy. Save a digital and paper copy for your landlord, HOA, and hurricane go-bag.
Frequently Asked Questions About ESAs in Florida
Only if the provider has seen you in person at least once, or is licensed in Florida. Otherwise, a landlord can reject it.
Yes. A Florida-licensed mental health professional can evaluate you by phone or video, so you can have documentation ready before you start apartment hunting.
No. Florida law says ESA registrations of any kind are not, by themselves, sufficient documentation. You need information from a licensed practitioner.
If your current provider hasn’t seen you in person, a Florida-licensed evaluation is the safest choice for your Florida residence.
Moving to Florida? Get Documentation That Holds Up
Florida Pet ESA works only with Florida residents. Our Florida-licensed mental health counselor, Jay Charboneau, MS, LMHC, provides evaluations by phone or Zoom, and the letter meets Florida’s requirements under Statute 760.27.
Start your free eligibility screening before your move, so your ESA is welcome from day one.
This article is for general information and isn’t legal advice.
