Bill Text: FL S0414 | 2015 | Regular Session | Comm Sub
Bill Title: Service Animals
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-04-23 - Laid on Table, companion bill(s) passed, see CS/HB 71 (Ch. 2015-131) [S0414 Detail]
Download: Florida-2015-S0414-Comm_Sub.html
Florida Senate - 2015 CS for SB 414 By the Committee on Commerce and Tourism; and Senator Altman 577-03102-15 2015414c1 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 circumstances; prohibiting a public 7 accommodation from inquiring about the nature or 8 extent of an individual’s disability; providing 9 conditions for a public accommodation to exclude or 10 remove a service animal; revising penalties for 11 certain persons or entities who interfere with use of 12 a service animal in specified circumstances; 13 specifying that the act does not limit certain rights 14 or remedies granted under federal or state law; 15 providing a penalty for knowing and willful 16 misrepresentation with respect to use or training of a 17 service animal; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 413.08, Florida Statutes, is amended to 22 read: 23 413.08 Rights and responsibilities of an individual with a 24 disability; use of a service animal; prohibited discrimination 25 in public employment, public accommodations, andorhousing 26 accommodations; penalties.— 27 (1) As used in this section and s. 413.081, the term: 28 (a) “Housing accommodation” means any real property or 29 portion thereof which is used or occupied, or intended, 30 arranged, or designed to be used or occupied, as the home, 31 residence, or sleeping place of one or more persons, but does 32 not include any single-family residence, the occupants of which 33 rent, lease, or furnish for compensation not more than one room 34 therein. 35 (b) “Individual with a disability” means a person who has a 36 physical or mental impairment that substantially limits one or 37 more major life activities of the individualis deaf, hard of38hearing, blind, visually impaired, or otherwise physically39disabled. As used in this paragraph, the term: 40 1. “Major life activity” means a function such as caring 41 for one’s self, performing manual tasks, walking, seeing, 42 hearing, speaking, breathing, learning, and working“Hard of43hearing” means an individual who has suffered a permanent44hearing impairment that is severe enough to necessitate the use45of amplification devices to discriminate speech sounds in verbal46communication. 47 2. “Physical or mental impairment” means: 48 a. A physiological disorder or condition, disfigurement, or 49 anatomical loss that affects one or more bodily functions; or 50 b. A mental or psychological disorder that meets one of the 51 diagnostic categories specified in the most recent edition of 52 the Diagnostic and Statistical Manual of Mental Disorders 53 published by the American Psychiatric Association, such as an 54 intellectual or developmental disability, organic brain 55 syndrome, traumatic brain injury, posttraumatic stress disorder, 56 or an emotional or mental illness“Physically disabled” means57any person who has a physical impairment that substantially58limits one or more major life activities. 59 (c) “Public accommodation” means a common carrier, 60 airplane, motor vehicle, railroad train, motor bus, streetcar, 61 boat, or other public conveyance or mode of transportation; 62 hotel; a timeshare that is a transient public lodging 63 establishment as defined in s. 509.013; lodging place; place of 64 public accommodation, amusement, or resort; and other places to 65 which the general public is invited, subject only to the 66 conditions and limitations established by law and applicable 67 alike to all persons. The term does not include air carriers 68 covered by the Air Carrier Access Act of 1986, 49 U.S.C. s. 69 41705, and by regulations that implement such act that are 70 adopted by the United States Department of Transportation. 71 (d) “Service animal” means an animal that is trained to do 72 work or perform tasks for an individual with a disability, 73 including a physical, sensory, psychiatric, intellectual, or 74 other mental disability. The work done or tasks performed must 75 be directly related to the individual’s disability and may 76 include, but are not limited to, guiding an individuala person77 who is visually impaired or blind, alerting an individuala78personwho is deaf or hard of hearing, pulling a wheelchair, 79 assisting with mobility or balance, alerting and protecting an 80 individuala personwho is having a seizure, retrieving objects, 81 alerting an individual to the presence of allergens, providing 82 physical support and assistance with balance and stability to an 83 individual with a mobility disability, helping an individual 84 with a psychiatric or neurological disability by preventing or 85 interrupting impulsive or destructive behaviors, reminding an 86 individual with mental illness to take prescribed medications, 87 calming an individual with posttraumatic stress disorder during 88 an anxiety attack, or doing other specific work or performing 89 other special tasks. For purposes of subsections (2), (3), and 90 (4), the term is limited to a dog or miniature horse. A service 91 animal is not a pet. The crime-deterrent effect of an animal’s 92 presence and the provision of emotional support, well-being, 93 comfort, or companionship do not constitute work or tasks for 94 purposes of this definition. 95 (2) An individual with a disability is entitled to full and 96 equal accommodations, advantages, facilities, and privileges in 97 all public accommodations. A public accommodation must modify 98 its policies, practices, and procedures to permit use of a 99 service animal by an individual with a disability. This section 100 does not require any person, firm, business, or corporation, or 101 any agent thereof, to modify or provide any vehicle, premises, 102 facility, or service to a higher degree of accommodation than is 103 required for a person not so disabled. 104 (3) An individual with a disability has the right to be 105 accompanied by a service animal in all areas of a public 106 accommodation that the public or customers are normally 107 permitted to occupy. 108 (a) The service animal must be under the control of its 109 handler and must have a harness, leash, or other tether, unless 110 either the handler is unable because of a disability to use a 111 harness, leash, or other tether, or the use of a harness, leash, 112 or other tether would interfere with the service animal’s safe, 113 effective performance of work or tasks, in which case the 114 service animal must be otherwise under the handler’s control by 115 means of voice control, signals, or other effective means. 116 (b)(a)Documentation that the service animal is trained is 117 not a precondition for providing service to an individual 118 accompanied by a service animal. A public accommodation may not 119 ask about the nature or extent of an individual’s disability. To 120 determine the difference between a service animal and a pet, a 121 public accommodation may ask if an animal is a service animal 122 required because of a disability and what work orwhattasks the 123 animal has been trained to performin order to determine the124difference between a service animal and a pet. 125 (c)(b)A public accommodation may not impose a deposit or 126 surcharge on an individual with a disability as a precondition 127 to permitting a service animal to accompany the individual with 128 a disability, even if a deposit is routinely required for pets. 129 (d)(c)An individual with a disability is liable for damage 130 caused by a service animal if it is the regular policy and 131 practice of the public accommodation to charge nondisabled 132 persons for damages caused by their pets. 133 (e)(d)The care or supervision of a service animal is the 134 responsibility of the individual owner. A public accommodation 135 is not required to provide care or food or a special location 136 for the service animal or assistance with removing animal 137 excrement. 138 (f)(e)A public accommodation may exclude or remove any 139 animal from the premises, including a service animal, if the 140 animal is out of control and the animal’s handler does not take 141 effective action to control it, the animal is not housebroken, 142 or the animal’s behavior poses a direct threat to the health and 143 safety of others. Allergies and fear of animals are not valid 144 reasons for denying access or refusing service to an individual 145 with a service animal. If a service animal is excluded or 146 removed for being a direct threat to others, the public 147 accommodation must provide the individual with a disability the 148 option of continuing access to the public accommodation without 149 having the service animal on the premises. 150 (4) Any person, firm, or corporation, or the agent of any 151 person, firm, or corporation, who denies or interferes with 152 admittance to, or enjoyment of, a public accommodation or, with 153 regard to a public accommodation, otherwise interferes with the 154 rights of an individual with a disability or the trainer of a 155 service animal while engaged in the training of such an animal 156 pursuant to subsection (8), commits a misdemeanor of the second 157 degree, punishable as provided in s. 775.082 or s. 775.083, and 158 must perform 30 hours of community service for an organization 159 that serves individuals with disabilities, or for another entity 160 or organization at the discretion of the court, to be completed 161 in not more than 6 months. 162 (5) It is the policy of this state that an individual with 163 a disability be employed in the service of the state or 164 political subdivisions of the state, in the public schools, and 165 in all other employment supported in whole or in part by public 166 funds, and an employer may not refuse employment to such a 167 person on the basis of the disability alone, unless it is shown 168 that the particular disability prevents the satisfactory 169 performance of the work involved. 170 (6) An individual with a disability is entitled to rent, 171 lease, or purchase, as other members of the general public, any 172 housing accommodations offered for rent, lease, or other 173 compensation in this state, subject to the conditions and 174 limitations established by law and applicable alike to all 175 persons. 176 (a) This section does not require any person renting, 177 leasing, or otherwise providing real property for compensation 178 to modify her or his property in any way or provide a higher 179 degree of care for an individual with a disability than for a 180 person who is not disabled. 181 (b) An individual with a disability who has a service 182 animal or who obtains a service animal is entitled to full and 183 equal access to all housing accommodations provided for in this 184 section, and such a person may not be required to pay extra 185 compensation for suchthe serviceanimal. However, such a person 186 is liable for any damage done to the premises or to another 187 person on the premises by thesuch ananimal. A housing 188 accommodation may request proof of compliance with vaccination 189 requirements. 190 (c) This subsection does not limit the rights or remedies 191 of a housing accommodation or an individual with a disability 192 that are granted by federal law or another law of this state 193 with regard to other assistance animals. 194 (7) An employer covered under subsection (5) who 195 discriminates against an individual with a disability in 196 employment, unless it is shown that the particular disability 197 prevents the satisfactory performance of the work involved, or 198 any person, firm, or corporation, or the agent of any person, 199 firm, or corporation, providing housing accommodations as 200 provided in subsection (6) who discriminates against an 201 individual with a disability, commits a misdemeanor of the 202 second degree, punishable as provided in s. 775.082 or s. 203 775.083. 204 (8) Any trainer of a service animal, while engaged in the 205 training of such an animal, has the same rights and privileges 206 with respect to access to public facilities and the same 207 liability for damage as is provided for those persons described 208 in subsection (3) accompanied by service animals. 209 (9) A person who knowingly and willfully misrepresents 210 herself or himself, through conduct or verbal or written notice, 211 as using a service animal and being qualified to use a service 212 animal or as a trainer of a service animal commits a misdemeanor 213 of the second degree, punishable as provided in s. 775.082 or s. 214 775.083, and must perform 30 hours of community service for an 215 organization that serves individuals with disabilities, or for 216 another entity or organization at the discretion of the court, 217 to be completed in not more than 6 months. 218 Section 2. This act shall take effect July 1, 2015.