Bill Text: FL S1084 | 2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Emotional Support Animals

Spectrum: Bipartisan Bill

Status: (Passed) 2020-06-24 - Chapter No. 2020-76 [S1084 Detail]

Download: Florida-2020-S1084-Introduced.html

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       Florida Senate - 2020                                    SB 1084
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00536B-20                                          20201084__
    1                        A bill to be entitled                      
    2         An act relating to emotional support animals; creating
    3         s. 760.27, F.S.; providing definitions; prohibiting
    4         discrimination in the rental of a dwelling to a person
    5         with a disability or a disability-related need who has
    6         an emotional support animal; prohibiting a landlord
    7         from requiring such person to pay extra compensation
    8         for such animal; providing an exception; authorizing a
    9         landlord to request certain written documentation
   10         under certain circumstances; authorizing the
   11         Department of Health to adopt rules; prohibiting the
   12         falsification of written documentation or other
   13         misrepresentation regarding the use of an emotional
   14         support animal; providing penalties; specifying that a
   15         person with a disability or a disability-related need
   16         is liable for certain damage done by her or his
   17         emotional support animal; exempting a landlord from
   18         certain liability; providing applicability; amending
   19         s. 413.08, F.S.; providing applicability; amending s.
   20         419.001, F.S.; conforming terminology to changes made
   21         by the act; conforming a cross-reference; amending s.
   22         760.22, F.S.; updating terminology; amending s.
   23         760.29, F.S.; extending specified exemptions to
   24         conform to changes made by the act; conforming
   25         terminology to changes made by the act; amending ss.
   26         760.23, 760.24, 760.25, and 760.31, F.S.; conforming
   27         terminology to changes made by the act; providing an
   28         effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 760.27, Florida Statutes, is created to
   33  read:
   34         760.27 Prohibited discrimination in the rental of housing
   35  to persons with a disability or disability-related need who use
   36  an emotional support animal.—
   37         (1) As used in this section, the term:
   38         (a) “Emotional support animal” means an animal that does
   39  not require training to do specific work or perform special
   40  tasks for a person with a disability but, by virtue of its
   41  presence, provides support to alleviate one or more identified
   42  symptoms or effects of a person’s disability.
   43         (b) “Landlord” means the owner or lessor of a dwelling.
   44         (2) To the extent required by federal law, rule, or
   45  regulation, it is unlawful to discriminate in the rental of a
   46  dwelling to a person with a disability or disability-related
   47  need who has or obtains an emotional support animal. A person
   48  with a disability or a disability-related need must, upon
   49  request, be allowed to keep such animal in the dwelling as a
   50  reasonable accommodation in housing, and such person may not be
   51  required to pay extra compensation for such animal.
   52         (3) Unless otherwise prohibited by federal law, rule, or
   53  regulation, a landlord may:
   54         (a) Prohibit an emotional support animal if such animal
   55  poses a direct threat to the safety or health of others or poses
   56  a direct threat of physical damage to the property of others
   57  which cannot be reduced or eliminated by another reasonable
   58  accommodation.
   59         (b) If a person’s disability or disability-related need is
   60  not readily apparent, request written documentation prepared by
   61  a health care practitioner, as defined in s. 456.001, which
   62  verifies that the person has a disability or a disability
   63  related need and has been under the practitioner’s care or
   64  treatment for such disability or need, and the animal provides
   65  support to alleviate one or more identified symptoms or effects
   66  of the person’s disability or disability-related need. If a
   67  person requests to keep more than one emotional support animal,
   68  the landlord may request such written documentation establishing
   69  the need for each animal. The written documentation must be
   70  prepared in a format prescribed by the Department of Health in
   71  rule and may not be prepared by a health care practitioner whose
   72  exclusive service to the person with a disability is preparation
   73  of the written documentation in exchange for a fee. The
   74  department may adopt rules to administer this paragraph.
   75         (c) Require proof of compliance with state and local
   76  requirements for licensing and vaccination of an emotional
   77  support animal.
   78         (4) A person who falsifies written documentation, as
   79  described in subsection (3), for an emotional support animal or
   80  otherwise knowingly and willfully misrepresents herself or
   81  himself, through conduct or verbal or written notice, as having
   82  a disability or disability-related need and being qualified to
   83  use an emotional support animal commits a misdemeanor of the
   84  second degree, punishable as provided in s. 775.082 or s.
   85  775.083, and must perform 30 hours of community service for an
   86  organization that serves persons with disabilities or for
   87  another entity or organization at the discretion of the court,
   88  to be completed within 6 months after conviction.
   89         (5)(a) A person with a disability or disability-related
   90  need is liable for any damage done to the premises or to another
   91  person on the premises by her or his emotional support animal.
   92         (b) A landlord is not liable for any damage done to the
   93  premises or to any person on the premises by an emotional
   94  support animal that is authorized as a reasonable accommodation
   95  for a person with a disability or disability-related need under
   96  this section, the federal Fair Housing Act, s. 504 of the
   97  Rehabilitation Act of 1973, or any other federal, state, or
   98  local law.
   99         (6) This section does not apply to a service animal as
  100  defined in s. 413.08.
  101         Section 2. Paragraph (b) of subsection (6) of section
  102  413.08, Florida Statutes, is amended to read:
  103         413.08 Rights and responsibilities of an individual with a
  104  disability; use of a service animal; prohibited discrimination
  105  in public employment, public accommodations, and housing
  106  accommodations; penalties.—
  107         (6) An individual with a disability is entitled to rent,
  108  lease, or purchase, as other members of the general public, any
  109  housing accommodations offered for rent, lease, or other
  110  compensation in this state, subject to the conditions and
  111  limitations established by law and applicable alike to all
  112  persons.
  113         (b) An individual with a disability who has a service
  114  animal or who obtains a service animal is entitled to full and
  115  equal access to all housing accommodations provided for in this
  116  section, and such individual a person may not be required to pay
  117  extra compensation for such animal. However, such individual a
  118  person is liable for any damage done to the premises or to
  119  another individual person on the premises by the animal. A
  120  housing accommodation may request proof of compliance with
  121  vaccination requirements. This paragraph does not apply to an
  122  emotional support animal as defined in s. 760.27.
  123         Section 3. Paragraph (e) of subsection (1) of section
  124  419.001, Florida Statutes, is amended to read:
  125         419.001 Site selection of community residential homes.—
  126         (1) For the purposes of this section, the term:
  127         (e) “Resident” means any of the following: a frail elder as
  128  defined in s. 429.65; a person who has a disability handicap as
  129  defined in s. 760.22(3)(a) s. 760.22(7)(a); a person who has a
  130  developmental disability as defined in s. 393.063; a
  131  nondangerous person who has a mental illness as defined in s.
  132  394.455; or a child who is found to be dependent as defined in
  133  s. 39.01 or s. 984.03, or a child in need of services as defined
  134  in s. 984.03 or s. 985.03.
  135         Section 4. Present subsections (3) through (6) of section
  136  760.22, Florida Statutes, are redesignated as subsections (4)
  137  through (7), respectively, and present subsection (7) of that
  138  section is amended, to read:
  139         760.22 Definitions.—As used in ss. 760.20-760.37, the term:
  140         (3)(7) “Disability” “Handicap” means:
  141         (a) A person has a physical or mental impairment which
  142  substantially limits one or more major life activities, or he or
  143  she has a record of having, or is regarded as having, such
  144  physical or mental impairment; or
  145         (b) A person has a developmental disability as defined in
  146  s. 393.063.
  147         Section 5. Section 760.23, Florida Statutes, is amended to
  148  read:
  149         760.23 Discrimination in the sale or rental of housing and
  150  other prohibited practices.—
  151         (1) It is unlawful to refuse to sell or rent after the
  152  making of a bona fide offer, to refuse to negotiate for the sale
  153  or rental of, or otherwise to make unavailable or deny a
  154  dwelling to any person because of race, color, national origin,
  155  sex, disability handicap, familial status, or religion.
  156         (2) It is unlawful to discriminate against any person in
  157  the terms, conditions, or privileges of sale or rental of a
  158  dwelling, or in the provision of services or facilities in
  159  connection therewith, because of race, color, national origin,
  160  sex, disability handicap, familial status, or religion.
  161         (3) It is unlawful to make, print, or publish, or cause to
  162  be made, printed, or published, any notice, statement, or
  163  advertisement with respect to the sale or rental of a dwelling
  164  that indicates any preference, limitation, or discrimination
  165  based on race, color, national origin, sex, disability handicap,
  166  familial status, or religion or an intention to make any such
  167  preference, limitation, or discrimination.
  168         (4) It is unlawful to represent to any person because of
  169  race, color, national origin, sex, disability handicap, familial
  170  status, or religion that any dwelling is not available for
  171  inspection, sale, or rental when such dwelling is in fact so
  172  available.
  173         (5) It is unlawful, for profit, to induce or attempt to
  174  induce any person to sell or rent any dwelling by a
  175  representation regarding the entry or prospective entry into the
  176  neighborhood of a person or persons of a particular race, color,
  177  national origin, sex, disability handicap, familial status, or
  178  religion.
  179         (6) The protections afforded under ss. 760.20-760.37
  180  against discrimination on the basis of familial status apply to
  181  any person who is pregnant or is in the process of securing
  182  legal custody of any individual who has not attained the age of
  183  18 years.
  184         (7) It is unlawful to discriminate in the sale or rental
  185  of, or to otherwise make unavailable or deny, a dwelling to any
  186  buyer or renter because of a disability handicap of:
  187         (a) That buyer or renter;
  188         (b) A person residing in or intending to reside in that
  189  dwelling after it is sold, rented, or made available; or
  190         (c) Any person associated with the buyer or renter.
  191         (8) It is unlawful to discriminate against any person in
  192  the terms, conditions, or privileges of sale or rental of a
  193  dwelling, or in the provision of services or facilities in
  194  connection with such dwelling, because of a disability handicap
  195  of:
  196         (a) That buyer or renter;
  197         (b) A person residing in or intending to reside in that
  198  dwelling after it is sold, rented, or made available; or
  199         (c) Any person associated with the buyer or renter.
  200         (9) For purposes of subsections (7) and (8), discrimination
  201  includes:
  202         (a) A refusal to permit, at the expense of the handicapped
  203  person with a disability, reasonable modifications of existing
  204  premises occupied or to be occupied by such person if such
  205  modifications may be necessary to afford such person full
  206  enjoyment of the premises; or
  207         (b) A refusal to make reasonable accommodations in rules,
  208  policies, practices, or services, when such accommodations may
  209  be necessary to afford such person equal opportunity to use and
  210  enjoy a dwelling.
  211         (10) Covered multifamily dwellings as defined herein which
  212  are intended for first occupancy after March 13, 1991, shall be
  213  designed and constructed to have at least one building entrance
  214  on an accessible route unless it is impractical to do so because
  215  of the terrain or unusual characteristics of the site as
  216  determined by commission rule. Such buildings shall also be
  217  designed and constructed in such a manner that:
  218         (a) The public use and common use portions of such
  219  dwellings are readily accessible to and usable by handicapped
  220  persons with disabilities.
  221         (b) All doors designed to allow passage into and within all
  222  premises within such dwellings are sufficiently wide to allow
  223  passage by a person in a wheelchair.
  224         (c) All premises within such dwellings contain the
  225  following features of adaptive design:
  226         1. An accessible route into and through the dwelling.
  227         2. Light switches, electrical outlets, thermostats, and
  228  other environmental controls in accessible locations.
  229         3. Reinforcements in bathroom walls to allow later
  230  installation of grab bars.
  231         4. Usable kitchens and bathrooms such that a person in a
  232  wheelchair can maneuver about the space.
  233         (d) Compliance with the appropriate requirements of the
  234  American National Standards Institute for buildings and
  235  facilities providing accessibility and usability for persons
  236  with a physical disability physically handicapped people,
  237  commonly cited as ANSI A117.1-1986, suffices to satisfy the
  238  requirements of paragraph (c).
  239  
  240  State agencies with building construction regulation
  241  responsibility or local governments, as appropriate, shall
  242  review the plans and specifications for the construction of
  243  covered multifamily dwellings to determine consistency with the
  244  requirements of this subsection.
  245         Section 6. Section 760.24, Florida Statutes, is amended to
  246  read:
  247         760.24 Discrimination in the provision of brokerage
  248  services.—It is unlawful to deny any person access to, or
  249  membership or participation in, any multiple-listing service,
  250  real estate brokers’ organization, or other service,
  251  organization, or facility relating to the business of selling or
  252  renting dwellings, or to discriminate against him or her in the
  253  terms or conditions of such access, membership, or
  254  participation, on account of race, color, national origin, sex,
  255  disability handicap, familial status, or religion.
  256         Section 7. Subsection (1) and paragraph (a) of subsection
  257  (2) of section 760.25, Florida Statutes, are amended to read:
  258         760.25 Discrimination in the financing of housing or in
  259  residential real estate transactions.—
  260         (1) It is unlawful for any bank, building and loan
  261  association, insurance company, or other corporation,
  262  association, firm, or enterprise the business of which consists
  263  in whole or in part of the making of commercial real estate
  264  loans to deny a loan or other financial assistance to a person
  265  applying for the loan for the purpose of purchasing,
  266  constructing, improving, repairing, or maintaining a dwelling,
  267  or to discriminate against him or her in the fixing of the
  268  amount, interest rate, duration, or other term or condition of
  269  such loan or other financial assistance, because of the race,
  270  color, national origin, sex, disability handicap, familial
  271  status, or religion of such person or of any person associated
  272  with him or her in connection with such loan or other financial
  273  assistance or the purposes of such loan or other financial
  274  assistance, or because of the race, color, national origin, sex,
  275  disability handicap, familial status, or religion of the present
  276  or prospective owners, lessees, tenants, or occupants of the
  277  dwelling or dwellings in relation to which such loan or other
  278  financial assistance is to be made or given.
  279         (2)(a) It is unlawful for any person or entity whose
  280  business includes engaging in residential real estate
  281  transactions to discriminate against any person in making
  282  available such a transaction, or in the terms or conditions of
  283  such a transaction, because of race, color, national origin,
  284  sex, disability handicap, familial status, or religion.
  285         Section 8. Paragraph (a) of subsection (1) and paragraph
  286  (a) of subsection (5) of section 760.29, Florida Statutes, are
  287  amended to read:
  288         760.29 Exemptions.—
  289         (1)(a) Nothing in ss. 760.23, and 760.25, and 760.27
  290  applies to:
  291         1. Any single-family house sold or rented by its owner,
  292  provided such private individual owner does not own more than
  293  three single-family houses at any one time. In the case of the
  294  sale of a single-family house by a private individual owner who
  295  does not reside in such house at the time of the sale or who was
  296  not the most recent resident of the house prior to the sale, the
  297  exemption granted by this paragraph applies only with respect to
  298  one sale within any 24-month period. In addition, the bona fide
  299  private individual owner shall not own any interest in, nor
  300  shall there be owned or reserved on his or her behalf, under any
  301  express or voluntary agreement, title to, or any right to all or
  302  a portion of the proceeds from the sale or rental of, more than
  303  three single-family houses at any one time. The sale or rental
  304  of any single-family house shall be excepted from the
  305  application of ss. 760.20-760.37 only if the house is sold or
  306  rented:
  307         a. Without the use in any manner of the sales or rental
  308  facilities or the sales or rental services of any real estate
  309  licensee or such facilities or services of any person in the
  310  business of selling or renting dwellings, or of any employee or
  311  agent of any such licensee or person; and
  312         b. Without the publication, posting, or mailing, after
  313  notice, of any advertisement or written notice in violation of
  314  s. 760.23(3).
  315  
  316  Nothing in this provision prohibits the use of attorneys, escrow
  317  agents, abstractors, title companies, and other such
  318  professional assistance as is necessary to perfect or transfer
  319  the title.
  320         2. Rooms or units in dwellings containing living quarters
  321  occupied or intended to be occupied by no more than four
  322  families living independently of each other, if the owner
  323  actually maintains and occupies one of such living quarters as
  324  his or her residence.
  325         (5) Nothing in ss. 760.20-760.37:
  326         (a) Prohibits a person engaged in the business of
  327  furnishing appraisals of real property from taking into
  328  consideration factors other than race, color, national origin,
  329  sex, disability handicap, familial status, or religion.
  330         Section 9. Subsection (5) of section 760.31, Florida
  331  Statutes, is amended to read:
  332         760.31 Powers and duties of commission.—The commission
  333  shall:
  334         (5) Adopt rules necessary to implement ss. 760.20-760.37
  335  and govern the proceedings of the commission in accordance with
  336  chapter 120. Commission rules shall clarify terms used with
  337  regard to handicapped accessibility for persons with
  338  disabilities, exceptions from accessibility requirements based
  339  on terrain or site characteristics, and requirements related to
  340  housing for older persons. Commission rules shall specify the
  341  fee and the forms and procedures to be used for the registration
  342  required by s. 760.29(4)(e).
  343         Section 10. This act shall take effect July 1, 2020.