Florida Senate - 2008 CS for SB 1496

By the Committee on Community Affairs; and Senator Bennett

578-04958-08 20081496c1

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A bill to be entitled

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An act relating to service animals; amending s. 413.08,

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F.S.; redefining the term "individual with a disability";

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providing that any person, including a volunteer, who is

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raising a puppy for the purpose of future training as a

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service animal has the same rights and privileges with

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respect to access to public facilities and the same

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liability for damage as is provided for persons

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accompanied by service animals if certain conditions are

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met; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (b) of subsection (1) and subsection

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(8) of section 413.08, Florida Statutes, are amended to read:

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     413.08  Rights of an individual with a disability; use of a

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service animal; discrimination in public employment or housing

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accommodations; penalties.--

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     (1)  As used in this section and s. 413.081, the term:

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     (b) "Individual with a disability" means a person who has a

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physical or mental impairment that substantially limits one or

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more major life activities, has a record of such an impairment,

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or is regarded as having such an impairment is deaf, hard of

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hearing, blind, visually impaired, or otherwise physically

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disabled. As used in this paragraph, the term:

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     1. "Hard of hearing" means an individual who has suffered a

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permanent hearing impairment that is severe enough to necessitate

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the use of amplification devices to discriminate speech sounds in

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verbal communication.

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     2. "Physically disabled" means any person who has a

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physical impairment that substantially limits one or more major

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life activities.

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     (8)(a) Any trainer of a service animal, while engaged in

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the training of such an animal, has the same rights and

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privileges with respect to access to public facilities and the

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same liability for damage as is provided for those persons

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described in subsection (3) accompanied by service animals.

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     (b) Any individual, including any volunteer, who raises a

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puppy for the purpose of future training as a service animal has

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the same rights and privileges with respect to access to public

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facilities and the same liability for damage as is provided for

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those persons accompanied by service animals as described in

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subsection (3) if:

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     1. Such animal is held on a leash or is otherwise

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restrained and remains under the control of the individual

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training or raising such animal;

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     2. The individual training or raising such animal has on

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his or her person, and available for inspection, credentials from

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the service dog training program for which the animal is being

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raised; and

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     3. Such animal is wearing a collar, leash, or other

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appropriate apparel or device identifying that animal with the

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service dog training program for which it is being raised.

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     Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.