SB 1084                                          First Engrossed
       
       
       
       
       
       
       
       
       20201084e1
       
    1                        A bill to be entitled                      
    2         An act relating to emotional support animals; creating
    3         s. 760.27, F.S.; defining the terms “emotional support
    4         animal” and “housing provider”; prohibiting
    5         discrimination in housing provided to a person with a
    6         disability or a disability-related need for an
    7         emotional support animal; specifying that such person
    8         may not be required to pay extra compensation for such
    9         animal; authorizing a housing provider to request
   10         specified information under certain circumstances;
   11         restricting such requests; specifying liability for
   12         owners of emotional support animals relating to damage
   13         done by their emotional support animals; providing
   14         applicability; amending s. 413.08, F.S.; providing
   15         applicability; amending s. 456.072, F.S.; prohibiting
   16         a health care practitioner from providing information
   17         regarding a person’s need for an emotional support
   18         animal without having personal knowledge of that
   19         person’s need for the animal; amending s. 760.22,
   20         F.S.; revising the definition of the term “handicap”;
   21         amending ss. 419.001, 760.23, 760.24, 760.25, 760.29,
   22         and 760.31, F.S.; replacing the term “handicap” with
   23         the term “disability,” to conform to changes made by
   24         the act; conforming provisions to changes made by the
   25         act; creating s. 817.265, F.S.; prohibiting the
   26         falsification of information or other fraudulent
   27         misrepresentation regarding the use of an emotional
   28         support animal; providing penalties; providing an
   29         effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 760.27, Florida Statutes, is created to
   34  read:
   35         760.27Prohibited discrimination in housing provided to
   36  persons with a disability or disability-related need for an
   37  emotional support animal.—
   38         (1)DEFINITIONS.—As used in this section, the term:
   39         (a)“Emotional support animal” means an animal that does
   40  not require training to do work, perform tasks, provide
   41  assistance, or provide therapeutic emotional support by virtue
   42  of its presence which alleviates one or more identified symptoms
   43  or effects of a person’s disability.
   44         (b)“Housing provider” means any person or entity engaging
   45  in conduct covered by the federal Fair Housing Act or s. 504 of
   46  the Rehabilitation Act of 1973, including the owner or lessor of
   47  a dwelling.
   48         (2)REASONABLE ACCOMMODATION REQUESTS.—To the extent
   49  required by federal law, rule, or regulation, it is unlawful to
   50  discriminate in the provision of housing to a person with a
   51  disability or disability-related need for, and who has or at any
   52  time obtains, an emotional support animal. A person with a
   53  disability or a disability-related need must, upon the person’s
   54  request and approval by a housing provider, be allowed to keep
   55  such animal in his or her dwelling as a reasonable accommodation
   56  in housing, and such person may not be required to pay extra
   57  compensation for such animal. Unless otherwise prohibited by
   58  federal law, rule, or regulation, a housing provider may:
   59         (a)Deny a reasonable accommodation request for an
   60  emotional support animal if such animal poses a direct threat to
   61  the safety or health of others or poses a direct threat of
   62  physical damage to the property of others, which threat cannot
   63  be reduced or eliminated by another reasonable accommodation.
   64         (b)If a person’s disability is not readily apparent,
   65  request reliable information that reasonably supports that the
   66  person has a disability. Supporting information may include:
   67         1.A determination of disability from any federal, state,
   68  or local government agency.
   69         2.Receipt of disability benefits or services from any
   70  federal, state, or local government agency.
   71         3.Proof of eligibility for housing assistance or a housing
   72  voucher received because of a disability.
   73         4.Information from a health care practitioner, as defined
   74  in s. 456.001; a telehealth provider, as defined in s. 456.47;
   75  or any other similarly licensed or certified practitioner or
   76  provider in good standing with his or her profession’s
   77  regulatory body in another state but only if such out-of-state
   78  practitioner has provided in-person care or services to the
   79  tenant on at least one occasion. Such information is reliable if
   80  the practitioner or provider has personal knowledge of the
   81  person’s disability and is acting within the scope of his or her
   82  practice to provide the supporting information.
   83         5.Information from any other source that the housing
   84  provider reasonably determines to be reliable in accordance with
   85  the federal Fair Housing Act and s. 504 of the Rehabilitation
   86  Act of 1973.
   87         (c)If a person’s disability-related need for an emotional
   88  support animal is not readily apparent, request reliable
   89  information that reasonably supports the person’s need for the
   90  particular emotional support animal being requested. Supporting
   91  information may include:
   92         1.Information identifying the particular assistance or
   93  therapeutic emotional support provided by the specific animal
   94  from a health care practitioner, as defined in s. 456.001; a
   95  telehealth provider, as defined in s. 456.47; or any other
   96  similarly licensed or certified practitioner or provider in good
   97  standing with his or her profession’s regulatory body in another
   98  state. Such information is reliable if the practitioner or
   99  provider has personal knowledge of the person’s disability and
  100  is acting within the scope of his or her practice to provide the
  101  supporting information.
  102         2.Information from any other source that the housing
  103  provider reasonably determines to be reliable in accordance with
  104  the federal Fair Housing Act and s. 504 of the Rehabilitation
  105  Act of 1973.
  106         (d)If a person requests to keep more than one emotional
  107  support animal, request information regarding the specific need
  108  for each animal.
  109         (e)Require proof of compliance with state and local
  110  requirements for licensing and vaccinating each emotional
  111  support animal.
  112         (3)REQUEST LIMITATIONS.—
  113         (a)Notwithstanding the authority to request information
  114  under subsection (2), a housing provider may not request
  115  information that discloses the diagnosis or severity of a
  116  person’s disability or any medical records relating to the
  117  disability. However, a person may disclose such information or
  118  medical records to the housing provider at his or her
  119  discretion.
  120         (b)A housing provider may develop and make available to
  121  persons a routine method for receiving and processing reasonable
  122  accommodation requests for emotional support animals; however, a
  123  housing provider may not require the use of a specific form or
  124  notarized statement, or deny a request solely because a person
  125  did not follow the housing provider’s routine method.
  126         (c)An emotional support animal registration of any kind,
  127  including, but not limited to, an identification card, patch,
  128  certificate, or similar registration obtained from the Internet
  129  is not, by itself, sufficient information to reliably establish
  130  that a person has a disability or a disability-related need for
  131  an emotional support animal.
  132         (4)LIABILITY.—A person with a disability or a disability
  133  related need is liable for any damage done to the premises or to
  134  another person on the premises by his or her emotional support
  135  animal.
  136         (5)APPLICABILITY.—This section does not apply to a service
  137  animal as defined in s. 413.08.
  138         Section 2. Paragraph (b) of subsection (6) of section
  139  413.08, Florida Statutes, is amended to read:
  140         413.08 Rights and responsibilities of an individual with a
  141  disability; use of a service animal; prohibited discrimination
  142  in public employment, public accommodations, and housing
  143  accommodations; penalties.—
  144         (6) An individual with a disability is entitled to rent,
  145  lease, or purchase, as other members of the general public, any
  146  housing accommodations offered for rent, lease, or other
  147  compensation in this state, subject to the conditions and
  148  limitations established by law and applicable alike to all
  149  persons.
  150         (b) An individual with a disability who has a service
  151  animal or who obtains a service animal is entitled to full and
  152  equal access to all housing accommodations provided for in this
  153  section, and such individual a person may not be required to pay
  154  extra compensation for such animal. However, such individual a
  155  person is liable for any damage done to the premises or to
  156  another individual person on the premises by the animal. A
  157  housing accommodation may request proof of compliance with
  158  vaccination requirements. This paragraph does not apply to an
  159  emotional support animal as defined in s. 760.27.
  160         Section 3. Paragraph (e) of subsection (1) of section
  161  419.001, Florida Statutes, is amended to read:
  162         419.001 Site selection of community residential homes.—
  163         (1) For the purposes of this section, the term:
  164         (e) “Resident” means any of the following: a frail elder as
  165  defined in s. 429.65; a person who has a disability handicap as
  166  defined in s. 760.22(3)(a) s. 760.22(7)(a); a person who has a
  167  developmental disability as defined in s. 393.063; a
  168  nondangerous person who has a mental illness as defined in s.
  169  394.455; or a child who is found to be dependent as defined in
  170  s. 39.01 or s. 984.03, or a child in need of services as defined
  171  in s. 984.03 or s. 985.03.
  172         Section 4. Paragraph (pp) is added to subsection (1) of
  173  section 456.072, Florida Statutes, to read:
  174         456.072 Grounds for discipline; penalties; enforcement.—
  175         (1) The following acts shall constitute grounds for which
  176  the disciplinary actions specified in subsection (2) may be
  177  taken:
  178         (pp)Providing information, including written
  179  documentation, indicating that a person has a disability or
  180  supporting a person’s need for an emotional support animal under
  181  s. 760.27 without personal knowledge of the person’s disability
  182  or disability-related need for the specific emotional support
  183  animal.
  184         Section 5. Present subsections (3) through (6) of section
  185  760.22, Florida Statutes, are renumbered as subsections (4)
  186  through (7), respectively, and present subsection (7) of that
  187  section is amended, to read:
  188         760.22 Definitions.—As used in ss. 760.20-760.37, the term:
  189         (3)(7)“Disability” “Handicap” means:
  190         (a) A person has a physical or mental impairment which
  191  substantially limits one or more major life activities, or he or
  192  she has a record of having, or is regarded as having, such
  193  physical or mental impairment; or
  194         (b) A person has a developmental disability as defined in
  195  s. 393.063.
  196         Section 6. Section 760.23, Florida Statutes, is amended to
  197  read:
  198         760.23 Discrimination in the sale or rental of housing and
  199  other prohibited practices.—
  200         (1) It is unlawful to refuse to sell or rent after the
  201  making of a bona fide offer, to refuse to negotiate for the sale
  202  or rental of, or otherwise to make unavailable or deny a
  203  dwelling to any person because of race, color, national origin,
  204  sex, disability handicap, familial status, or religion.
  205         (2) It is unlawful to discriminate against any person in
  206  the terms, conditions, or privileges of sale or rental of a
  207  dwelling, or in the provision of services or facilities in
  208  connection therewith, because of race, color, national origin,
  209  sex, disability handicap, familial status, or religion.
  210         (3) It is unlawful to make, print, or publish, or cause to
  211  be made, printed, or published, any notice, statement, or
  212  advertisement with respect to the sale or rental of a dwelling
  213  that indicates any preference, limitation, or discrimination
  214  based on race, color, national origin, sex, disability handicap,
  215  familial status, or religion or an intention to make any such
  216  preference, limitation, or discrimination.
  217         (4) It is unlawful to represent to any person because of
  218  race, color, national origin, sex, disability handicap, familial
  219  status, or religion that any dwelling is not available for
  220  inspection, sale, or rental when such dwelling is in fact so
  221  available.
  222         (5) It is unlawful, for profit, to induce or attempt to
  223  induce any person to sell or rent any dwelling by a
  224  representation regarding the entry or prospective entry into the
  225  neighborhood of a person or persons of a particular race, color,
  226  national origin, sex, disability handicap, familial status, or
  227  religion.
  228         (6) The protections afforded under ss. 760.20-760.37
  229  against discrimination on the basis of familial status apply to
  230  any person who is pregnant or is in the process of securing
  231  legal custody of any individual who has not attained the age of
  232  18 years.
  233         (7) It is unlawful to discriminate in the sale or rental
  234  of, or to otherwise make unavailable or deny, a dwelling to any
  235  buyer or renter because of a disability handicap of:
  236         (a) That buyer or renter;
  237         (b) A person residing in or intending to reside in that
  238  dwelling after it is sold, rented, or made available; or
  239         (c) Any person associated with the buyer or renter.
  240         (8) It is unlawful to discriminate against any person in
  241  the terms, conditions, or privileges of sale or rental of a
  242  dwelling, or in the provision of services or facilities in
  243  connection with such dwelling, because of a disability handicap
  244  of:
  245         (a) That buyer or renter;
  246         (b) A person residing in or intending to reside in that
  247  dwelling after it is sold, rented, or made available; or
  248         (c) Any person associated with the buyer or renter.
  249         (9) For purposes of subsections (7) and (8), discrimination
  250  includes:
  251         (a) A refusal to permit, at the expense of the handicapped
  252  person with a disability, reasonable modifications of existing
  253  premises occupied or to be occupied by such person if such
  254  modifications may be necessary to afford such person full
  255  enjoyment of the premises; or
  256         (b) A refusal to make reasonable accommodations in rules,
  257  policies, practices, or services, when such accommodations may
  258  be necessary to afford such person equal opportunity to use and
  259  enjoy a dwelling.
  260         (10) Covered multifamily dwellings as defined herein which
  261  are intended for first occupancy after March 13, 1991, shall be
  262  designed and constructed to have at least one building entrance
  263  on an accessible route unless it is impractical to do so because
  264  of the terrain or unusual characteristics of the site as
  265  determined by commission rule. Such buildings shall also be
  266  designed and constructed in such a manner that:
  267         (a) The public use and common use portions of such
  268  dwellings are readily accessible to and usable by handicapped
  269  persons with disabilities.
  270         (b) All doors designed to allow passage into and within all
  271  premises within such dwellings are sufficiently wide to allow
  272  passage by a person in a wheelchair.
  273         (c) All premises within such dwellings contain the
  274  following features of adaptive design:
  275         1. An accessible route into and through the dwelling.
  276         2. Light switches, electrical outlets, thermostats, and
  277  other environmental controls in accessible locations.
  278         3. Reinforcements in bathroom walls to allow later
  279  installation of grab bars.
  280         4. Usable kitchens and bathrooms such that a person in a
  281  wheelchair can maneuver about the space.
  282         (d) Compliance with the appropriate requirements of the
  283  American National Standards Institute for buildings and
  284  facilities providing accessibility and usability for persons
  285  with physical disabilities physically handicapped people,
  286  commonly cited as ANSI A117.1-1986, suffices to satisfy the
  287  requirements of paragraph (c).
  288  
  289  State agencies with building construction regulation
  290  responsibility or local governments, as appropriate, shall
  291  review the plans and specifications for the construction of
  292  covered multifamily dwellings to determine consistency with the
  293  requirements of this subsection.
  294         Section 7. Section 760.24, Florida Statutes, is amended to
  295  read:
  296         760.24 Discrimination in the provision of brokerage
  297  services.—It is unlawful to deny any person access to, or
  298  membership or participation in, any multiple-listing service,
  299  real estate brokers’ organization, or other service,
  300  organization, or facility relating to the business of selling or
  301  renting dwellings, or to discriminate against him or her in the
  302  terms or conditions of such access, membership, or
  303  participation, on account of race, color, national origin, sex,
  304  disability handicap, familial status, or religion.
  305         Section 8. Subsection (1) and paragraph (a) of subsection
  306  (2) of section 760.25, Florida Statutes, are amended to read:
  307         760.25 Discrimination in the financing of housing or in
  308  residential real estate transactions.—
  309         (1) It is unlawful for any bank, building and loan
  310  association, insurance company, or other corporation,
  311  association, firm, or enterprise the business of which consists
  312  in whole or in part of the making of commercial real estate
  313  loans to deny a loan or other financial assistance to a person
  314  applying for the loan for the purpose of purchasing,
  315  constructing, improving, repairing, or maintaining a dwelling,
  316  or to discriminate against him or her in the fixing of the
  317  amount, interest rate, duration, or other term or condition of
  318  such loan or other financial assistance, because of the race,
  319  color, national origin, sex, disability handicap, familial
  320  status, or religion of such person or of any person associated
  321  with him or her in connection with such loan or other financial
  322  assistance or the purposes of such loan or other financial
  323  assistance, or because of the race, color, national origin, sex,
  324  disability handicap, familial status, or religion of the present
  325  or prospective owners, lessees, tenants, or occupants of the
  326  dwelling or dwellings in relation to which such loan or other
  327  financial assistance is to be made or given.
  328         (2)(a) It is unlawful for any person or entity whose
  329  business includes engaging in residential real estate
  330  transactions to discriminate against any person in making
  331  available such a transaction, or in the terms or conditions of
  332  such a transaction, because of race, color, national origin,
  333  sex, disability handicap, familial status, or religion.
  334         Section 9. Paragraph (a) of subsection (1) and paragraph
  335  (a) of subsection (5) of section 760.29, Florida Statutes, are
  336  amended to read:
  337         760.29 Exemptions.—
  338         (1)(a) Nothing in ss. 760.23, and 760.25, and 760.27
  339  applies to:
  340         1. Any single-family house sold or rented by its owner,
  341  provided such private individual owner does not own more than
  342  three single-family houses at any one time. In the case of the
  343  sale of a single-family house by a private individual owner who
  344  does not reside in such house at the time of the sale or who was
  345  not the most recent resident of the house prior to the sale, the
  346  exemption granted by this paragraph applies only with respect to
  347  one sale within any 24-month period. In addition, the bona fide
  348  private individual owner shall not own any interest in, nor
  349  shall there be owned or reserved on his or her behalf, under any
  350  express or voluntary agreement, title to, or any right to all or
  351  a portion of the proceeds from the sale or rental of, more than
  352  three single-family houses at any one time. The sale or rental
  353  of any single-family house shall be excepted from the
  354  application of ss. 760.20-760.37 only if the house is sold or
  355  rented:
  356         a. Without the use in any manner of the sales or rental
  357  facilities or the sales or rental services of any real estate
  358  licensee or such facilities or services of any person in the
  359  business of selling or renting dwellings, or of any employee or
  360  agent of any such licensee or person; and
  361         b. Without the publication, posting, or mailing, after
  362  notice, of any advertisement or written notice in violation of
  363  s. 760.23(3).
  364  
  365  Nothing in this provision prohibits the use of attorneys, escrow
  366  agents, abstractors, title companies, and other such
  367  professional assistance as is necessary to perfect or transfer
  368  the title.
  369         2. Rooms or units in dwellings containing living quarters
  370  occupied or intended to be occupied by no more than four
  371  families living independently of each other, if the owner
  372  actually maintains and occupies one of such living quarters as
  373  his or her residence.
  374         (5) Nothing in ss. 760.20-760.37:
  375         (a) Prohibits a person engaged in the business of
  376  furnishing appraisals of real property from taking into
  377  consideration factors other than race, color, national origin,
  378  sex, disability handicap, familial status, or religion.
  379         Section 10. Subsection (5) of section 760.31, Florida
  380  Statutes, is amended to read:
  381         760.31 Powers and duties of commission.—The commission
  382  shall:
  383         (5) Adopt rules necessary to implement ss. 760.20-760.37
  384  and govern the proceedings of the commission in accordance with
  385  chapter 120. Commission rules shall clarify terms used with
  386  regard to handicapped accessibility for persons with
  387  disabilities, exceptions from accessibility requirements based
  388  on terrain or site characteristics, and requirements related to
  389  housing for older persons. Commission rules shall specify the
  390  fee and the forms and procedures to be used for the registration
  391  required by s. 760.29(4)(e).
  392         Section 11. Section 817.265, Florida Statutes, is created
  393  to read:
  394         817.265False or fraudulent proof of need for an emotional
  395  support animal.—A person who falsifies information or written
  396  documentation, or knowingly provides fraudulent information or
  397  written documentation, for an emotional support animal under s.
  398  760.27, or otherwise knowingly and willfully misrepresents
  399  himself or herself, through his or her conduct or through a
  400  verbal or written notice, as having a disability or disability
  401  related need for an emotional support animal or being otherwise
  402  qualified to use an emotional support animal, commits a
  403  misdemeanor of the second degree, punishable as provided in s.
  404  775.082 or s. 775.083. In addition, within 6 months after a
  405  conviction under this section, a person must perform 30 hours of
  406  community service for an organization that serves persons with
  407  disabilities or for another entity or organization that the
  408  court determines is appropriate.
  409         Section 12. This act shall take effect July 1, 2020.