Florida Senate - 2014                             CS for SB 1146
       
       
        
       By the Committee on Commerce and Tourism; and Senator Altman
       
       
       
       
       
       577-03464-14                                          20141146c1
    1                        A bill to be entitled                      
    2         An act relating to service animals; amending s.
    3         413.08, F.S.; providing and revising definitions;
    4         requiring a public accommodation to permit use of a
    5         service animal by an individual with a disability
    6         under certain conditions; providing conditions for a
    7         public accommodation to exclude or remove a service
    8         animal; revising penalties to include community
    9         service for certain persons or entities who interfere
   10         with use of a service animal in specified
   11         circumstances; providing equal access to housing
   12         accommodations for an individual with a disability
   13         accompanied by an emotional support animal; providing
   14         conditions under which a landlord may request
   15         documentation of a qualifying disability; providing a
   16         penalty for knowing and willful misrepresentation with
   17         respect to use or training of a service animal;
   18         providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 413.08, Florida Statutes, is amended to
   23  read:
   24         413.08 Rights and responsibilities of an individual with a
   25  disability; use of a service or emotional support animal;
   26  prohibited discrimination in public employment, public
   27  accommodations, and or housing accommodations; penalties.—
   28         (1) As used in this section and s. 413.081, the term:
   29         (a) “Emotional support animal” means an animal that
   30  provides emotional support to individuals with disabilities who
   31  have a disability-related need for such support and that
   32  alleviates one or more identified symptoms or effects of an
   33  individual’s disability. Training is not required for an
   34  emotional support animal.
   35         (b)(a) “Housing accommodation” means any real property or
   36  portion thereof which is used or occupied, or intended,
   37  arranged, or designed to be used or occupied, as the home,
   38  residence, or sleeping place of one or more persons, but does
   39  not include any single-family residence, the occupants of which
   40  rent, lease, or furnish for compensation not more than one room
   41  therein.
   42         (c)(b) “Individual with a disability” means a person who
   43  has a physical or mental impairment that substantially limits
   44  one or more major life activities of the individual is deaf,
   45  hard of hearing, blind, visually impaired, or otherwise
   46  physically disabled. As used in this paragraph, the term:
   47         1. “Major life activity” means a function such as caring
   48  for oneself, performing manual tasks, walking, seeing, hearing,
   49  speaking, breathing, learning, and working “Hard of hearing”
   50  means an individual who has suffered a permanent hearing
   51  impairment that is severe enough to necessitate the use of
   52  amplification devices to discriminate speech sounds in verbal
   53  communication.
   54         2. “Physical or mental impairment” means:
   55         a. A physiological disorder or condition, disfigurement, or
   56  anatomical loss that affects one or more bodily functions; or
   57         b. A mental or psychological disorder that meets one of the
   58  diagnostic categories specified in the most recent edition of
   59  the Diagnostic and Statistical Manual of Mental Disorders
   60  published by the American Psychiatric Association, such as an
   61  intellectual or developmental disability, organic brain
   62  syndrome, traumatic brain injury, posttraumatic stress disorder,
   63  or an emotional or mental illness “Physically disabled” means
   64  any person who has a physical impairment that substantially
   65  limits one or more major life activities.
   66         (d)(c) “Public accommodation” means a common carrier,
   67  airplane, motor vehicle, railroad train, motor bus, streetcar,
   68  boat, or other public conveyance or mode of transportation;
   69  hotel; lodging place; place of public accommodation, amusement,
   70  or resort; and other places to which the general public is
   71  invited, subject only to the conditions and limitations
   72  established by law and applicable alike to all persons.
   73         (e)(d) “Service animal” means an animal that is trained to
   74  do work or perform tasks for an individual with a disability,
   75  including a physical, sensory, psychiatric, intellectual, or
   76  other mental disability. The work done or tasks performed must
   77  be directly related to the individual’s disability and may
   78  include, but are not limited to, guiding an individual a person
   79  who is visually impaired or blind, alerting an individual a
   80  person who is deaf or hard of hearing, pulling a wheelchair,
   81  assisting with mobility or balance, alerting and protecting an
   82  individual a person who is having a seizure, retrieving objects,
   83  alerting an individual to the presence of allergens, providing
   84  physical support and assistance with balance and stability to an
   85  individual with a mobility disability, helping an individual
   86  with a psychiatric or neurological disability by preventing or
   87  interrupting impulsive or destructive behaviors, reminding an
   88  individual with mental illness to take prescribed medications,
   89  calming an individual with posttraumatic stress disorder during
   90  an anxiety attack, or doing other specific work or performing
   91  other special tasks. A service animal is not a pet. For the
   92  purposes of subsections (2), (3), and (4), the term “service
   93  animal” is limited to a dog or miniature horse. The crime
   94  deterrent effect of an animal’s presence and the provision of
   95  emotional support, well-being, comfort, or companionship do not
   96  constitute work or tasks for purposes of this definition.
   97         (2) An individual with a disability is entitled to full and
   98  equal accommodations, advantages, facilities, and privileges in
   99  all public accommodations. A public accommodation must modify
  100  its policies, practices, and procedures to permit use of a
  101  service animal by an individual with a disability. This section
  102  does not require any person, firm, business, or corporation, or
  103  any agent thereof, to modify or provide any vehicle, premises,
  104  facility, or service to a higher degree of accommodation than is
  105  required for a person not so disabled.
  106         (3) An individual with a disability has the right to be
  107  accompanied by a service animal in all areas of a public
  108  accommodation that the public or customers are normally
  109  permitted to occupy.
  110         (a) The service animal must be under the control of its
  111  handler and must have a harness, leash, or other tether, unless
  112  either the handler is unable because of a disability to use a
  113  harness, leash, or other tether, or the use of a harness, leash,
  114  or other tether would interfere with the service animal’s safe,
  115  effective performance of work or tasks, in which case the
  116  service animal must be otherwise under the handler’s control by
  117  means of voice control, signals, or other effective means.
  118         (b)(a) Documentation that the service animal is trained is
  119  not a precondition for providing service to an individual
  120  accompanied by a service animal. A public accommodation may not
  121  ask about the nature or extent of an individual’s disability. To
  122  determine the difference between a service animal and a pet, a
  123  public accommodation may ask if an animal is a service animal
  124  required because of a disability and what work or what tasks the
  125  animal has been trained to perform in order to determine the
  126  difference between a service animal and a pet.
  127         (c)(b) A public accommodation may not impose a deposit or
  128  surcharge on an individual with a disability as a precondition
  129  to permitting a service animal to accompany the individual with
  130  a disability, even if a deposit is routinely required for pets.
  131         (d)(c) An individual with a disability is liable for damage
  132  caused by a service animal if it is the regular policy and
  133  practice of the public accommodation to charge nondisabled
  134  persons for damages caused by their pets.
  135         (e)(d) The care or supervision of a service animal is the
  136  responsibility of the individual owner. A public accommodation
  137  is not required to provide care or food or a special location
  138  for the service animal or assistance with removing animal
  139  excrement.
  140         (f)(e) A public accommodation may exclude or remove any
  141  animal from the premises, including a service animal, if the
  142  animal is out of control and the animal’s handler does not take
  143  effective action to control it, the animal is not housebroken,
  144  or the animal’s behavior poses a direct threat to the health and
  145  safety of others. Allergies and fear of animals are not valid
  146  reasons for denying access or refusing service to an individual
  147  with a service animal. If a service animal is excluded or
  148  removed for being a direct threat to others, the public
  149  accommodation must provide the individual with a disability the
  150  option of continuing access to the public accommodation without
  151  having the service animal on the premises.
  152         (4) Any person, firm, or corporation, or the agent of any
  153  person, firm, or corporation, who denies or interferes with
  154  admittance to, or enjoyment of, a public accommodation or
  155  otherwise interferes with the rights of an individual with a
  156  disability or the trainer of a service animal while engaged in
  157  the training of such an animal pursuant to subsection (8),
  158  commits a misdemeanor of the second degree, punishable as
  159  provided in s. 775.082 or s. 775.083 and must perform 30 hours
  160  of community service for an organization that serves individuals
  161  with disabilities, or for another entity or organization at the
  162  discretion of the court, to be completed in not more than 6
  163  months.
  164         (5) It is the policy of this state that an individual with
  165  a disability be employed in the service of the state or
  166  political subdivisions of the state, in the public schools, and
  167  in all other employment supported in whole or in part by public
  168  funds, and an employer may not refuse employment to such a
  169  person on the basis of the disability alone, unless it is shown
  170  that the particular disability prevents the satisfactory
  171  performance of the work involved.
  172         (6) An individual with a disability is entitled to rent,
  173  lease, or purchase, as other members of the general public, any
  174  housing accommodations offered for rent, lease, or other
  175  compensation in this state, subject to the conditions and
  176  limitations established by law and applicable alike to all
  177  persons.
  178         (a) This section does not require any person renting,
  179  leasing, or otherwise providing real property for compensation
  180  to modify her or his property in any way or provide a higher
  181  degree of care for an individual with a disability than for a
  182  person who is not disabled.
  183         (b) An individual with a disability who has a service
  184  animal or an emotional support animal or who obtains a service
  185  animal or an emotional support animal is entitled to full and
  186  equal access to all housing accommodations provided for in this
  187  section, and such a person may not be required to pay extra
  188  compensation for such the service animal. However, such a person
  189  is liable for any damage done to the premises or to another
  190  person on the premises by the such an animal. A housing
  191  accommodation may request proof of compliance with vaccination
  192  requirements. This section does not limit the rights or remedies
  193  of a housing accommodation or a person with a disability which
  194  are granted by federal law or another law of this state and
  195  which relate to service animals or emotional support animals.
  196         (c) Except when the disability and the need for the service
  197  or emotional support animal are readily apparent, such as when
  198  it is observed guiding, pulling, or providing physical
  199  assistance to an individual who is blind, has low vision, uses a
  200  wheelchair, or needs the animal for stability, a landlord may
  201  request medical documentation that a tenant has a qualifying
  202  disability and how the service or emotional support animal
  203  alleviates one or more identified symptoms or effects of the
  204  individual’s disability.
  205         (7) An employer covered under subsection (5) who
  206  discriminates against an individual with a disability in
  207  employment, unless it is shown that the particular disability
  208  prevents the satisfactory performance of the work involved, or
  209  any person, firm, or corporation, or the agent of any person,
  210  firm, or corporation, providing housing accommodations as
  211  provided in subsection (6) who discriminates against an
  212  individual with a disability, commits a misdemeanor of the
  213  second degree, punishable as provided in s. 775.082 or s.
  214  775.083.
  215         (8) Any trainer of a service animal, while engaged in the
  216  training of such an animal, has the same rights and privileges
  217  with respect to access to public facilities and the same
  218  liability for damage as is provided for those persons described
  219  in subsection (3) accompanied by service animals.
  220         (9) A person who knowingly and willfully misrepresents
  221  herself or himself, through conduct or verbal or written notice,
  222  as using a service animal and being qualified to use a service
  223  animal or as a trainer of a service animal commits a misdemeanor
  224  of the second degree, punishable as provided in s. 775.082 or s.
  225  775.083 and must perform 30 hours of community service for an
  226  organization that serves individuals with disabilities, or for
  227  another entity or organization at the discretion of the court,
  228  to be completed in not more than 6 months.
  229         Section 2. This act shall take effect July 1, 2014.