Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1382
       
       
       
       
       
       
                                Barcode 497356                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2012           .                                
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       The Committee on Children, Families, and Elder Affairs (Detert)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. This act may be cited as the “Dawson and David
    7  Caras Act.”
    8         Section 2. Section 413.08, Florida Statutes, is amended to
    9  read:
   10         413.08 Rights of an individual with a disability; use of a
   11  service animal; discrimination in public employment or housing
   12  accommodations; penalties.—
   13         (1) As used in this section and s. 413.081, the term:
   14         (a) “Housing accommodation” means any real property or
   15  portion thereof which is used or occupied, or intended,
   16  arranged, or designed to be used or occupied, as the home,
   17  residence, or sleeping place of one or more persons, but does
   18  not include any single-family residence, the occupants of which
   19  rent, lease, or furnish for compensation not more than one room
   20  therein.
   21         (b) “Individual with a disability” means a person who is
   22  deaf, hard of hearing, blind, visually impaired, or otherwise
   23  physically disabled. As used in this paragraph, the term:
   24         1. “Hard of hearing” means an individual who has suffered a
   25  permanent hearing impairment that is severe enough to
   26  necessitate the use of amplification devices to discriminate
   27  speech sounds in verbal communication.
   28         2. “Physically disabled” means any person who has a
   29  physical impairment that substantially limits one or more major
   30  life activities.
   31         (c) “Public accommodation” means a common carrier,
   32  airplane, motor vehicle, railroad train, motor bus, streetcar,
   33  boat, or other public conveyance or mode of transportation;
   34  hotel; lodging place; place of public accommodation, amusement,
   35  or resort; and other places to which the general public is
   36  invited, subject only to the conditions and limitations
   37  established by law and applicable alike to all persons.
   38         (d) “Service animal” means an animal that is trained to
   39  perform tasks for an individual with a disability. The tasks may
   40  include, but are not limited to, guiding a person who is
   41  visually impaired or blind, alerting a person who is deaf or
   42  hard of hearing, pulling a wheelchair, assisting with mobility
   43  or balance, alerting and protecting a person who is having a
   44  seizure, retrieving objects, or performing other special tasks.
   45  A service animal is not a pet.
   46         (2) An individual with a disability is entitled to full and
   47  equal accommodations, advantages, facilities, and privileges in
   48  all public accommodations. This section does not require any
   49  person, firm, business, or corporation, or any agent thereof, to
   50  modify or provide any vehicle, premises, facility, or service to
   51  a higher degree of accommodation than is required for a person
   52  not so disabled.
   53         (3) An individual with a disability has the right to be
   54  accompanied by a service animal in all areas of a public
   55  accommodation that the public or customers are normally
   56  permitted to occupy.
   57         (a) Documentation that the service animal is trained is not
   58  a precondition for providing service to an individual
   59  accompanied by a service animal. A public accommodation may ask
   60  if an animal is a service animal or what tasks the animal has
   61  been trained to perform in order to determine the difference
   62  between a service animal and a pet.
   63         (b) A public accommodation may not impose a deposit or
   64  surcharge on an individual with a disability as a precondition
   65  to permitting a service animal to accompany the individual with
   66  a disability, even if a deposit is routinely required for pets.
   67         (c) An individual with a disability is liable for damage
   68  caused by a service animal if it is the regular policy and
   69  practice of the public accommodation to charge nondisabled
   70  persons for damages caused by their pets.
   71         (d) The care or supervision of a service animal is the
   72  responsibility of the individual owner. A public accommodation
   73  is not required to provide care or food or a special location
   74  for the service animal or assistance with removing animal
   75  excrement.
   76         (e) A public accommodation may exclude or remove any animal
   77  from the premises, including a service animal, if the animal’s
   78  behavior poses a direct threat to the health and safety of
   79  others. Allergies and fear of animals are not valid reasons for
   80  denying access or refusing service to an individual with a
   81  service animal. If a service animal is excluded or removed for
   82  being a direct threat to others, the public accommodation must
   83  provide the individual with a disability the option of
   84  continuing access to the public accommodation without having the
   85  service animal on the premises.
   86         (3)(4)A Any person, firm, or corporation, or the agent of
   87  any person, firm, or corporation, who denies or interferes with
   88  admittance to, or enjoyment of, a public accommodation or
   89  otherwise interferes with the rights of an individual with a
   90  disability or the trainer of a service animal while engaged in
   91  the training of such an animal pursuant to subsection (8),
   92  commits a misdemeanor of the second degree, punishable as
   93  provided in s. 775.082 or s. 775.083.
   94         (4)(5) It is the policy of this state that an individual
   95  with a disability be employed in the service of the state or
   96  political subdivisions of the state, in the public schools, and
   97  in all other employment supported in whole or in part by public
   98  funds, and an employer may not refuse employment to such a
   99  person on the basis of the disability alone, unless it is shown
  100  that the particular disability prevents the satisfactory
  101  performance of the work involved.
  102         (5)(6) An individual with a disability is entitled to rent,
  103  lease, or purchase, as other members of the general public, any
  104  housing accommodations offered for rent, lease, or other
  105  compensation in this state, subject to the conditions and
  106  limitations established by law and applicable alike to all
  107  persons.
  108         (a) This section does not require any person renting,
  109  leasing, or otherwise providing real property for compensation
  110  to modify her or his property in any way or provide a higher
  111  degree of care for an individual with a disability than for a
  112  person who is not disabled.
  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 a person may not be required to pay extra
  117  compensation for the service animal. However, such a person is
  118  liable for any damage done to the premises or to another person
  119  on the premises by such an animal. A housing accommodation may
  120  request proof of compliance with vaccination requirements.
  121         (6)(7) An employer covered under subsection (4) (5) who
  122  discriminates against an individual with a disability in
  123  employment, unless it is shown that the particular disability
  124  prevents the satisfactory performance of the work involved, or
  125  any person, firm, or corporation, or the agent of any person,
  126  firm, or corporation, providing housing accommodations as
  127  provided in subsection (5) (6) who discriminates against an
  128  individual with a disability, commits a misdemeanor of the
  129  second degree, punishable as provided in s. 775.082 or s.
  130  775.083.
  131         (8) Any trainer of a service animal, while engaged in the
  132  training of such an animal, has the same rights and privileges
  133  with respect to access to public facilities and the same
  134  liability for damage as is provided for those persons described
  135  in subsection (3) accompanied by service animals.
  136         Section 3. Section 413.083, Florida Statutes, is created to
  137  read:
  138         413.083 Use of a service animal; penalties.—
  139         (1) As used in this section and s. 413.081, the term:
  140         (a) “Individual requiring assistance” means any person who
  141  is deaf, hard of hearing as defined in s. 413.08(1)(b)1., blind,
  142  visually impaired, or physically disabled as defined in s.
  143  413.08(1)(b)2. or who has a psychological or neurological
  144  disability.
  145         (b) “Owner” means a person who owns a service animal or who
  146  is authorized by the owner to use a service animal.
  147         (c) “Service animal” means any domesticated animal that is
  148  individually trained to do work or perform tasks for the benefit
  149  of an individual with a disability, including a physical,
  150  sensory, psychiatric, intellectual, or other mental disability.
  151  The work or tasks performed by a service animal must be directly
  152  related to the handler’s disability. Examples of work or tasks
  153  include, but are not limited to, assisting individuals who are
  154  blind or have low vision with navigation and other tasks,
  155  alerting individuals who are deaf or hard of hearing to the
  156  presence of people or sounds, providing nonviolent protection or
  157  rescue work, pulling a wheelchair, assisting an individual
  158  during a seizure, alerting individuals to the presence of
  159  allergens, retrieving items such as medicine or the telephone,
  160  providing physical support and assistance with balance and
  161  stability to individuals with mobility disabilities, and helping
  162  individuals with psychiatric or neurological disabilities by
  163  preventing or interrupting impulsive or destructive behaviors.
  164  The crime deterrent effects of an animal’s presence and the
  165  provision of emotional support, well-being, comfort, or
  166  companionship do not constitute work or tasks for the purposes
  167  of this paragraph.
  168         (2) An individual requiring assistance has the right to be
  169  accompanied by a service animal in all areas of a public
  170  accommodation that the public or customers are normally
  171  permitted to occupy. If an individual requiring assistance or an
  172  individual who trains service animals is a student at a private
  173  or public school in the state, that individual has the right to
  174  be accompanied by a service animal, subject to the conditions
  175  established under this section.
  176         (a) Documentation that the service animal is trained is not
  177  a precondition for providing service to an individual
  178  accompanied by a service animal. A public accommodation may ask
  179  if an animal is a service animal or what tasks the animal has
  180  been trained to perform in order to determine the difference
  181  between a service animal and a pet.
  182         (b) A public accommodation may not impose a deposit or
  183  surcharge on an individual requiring assistance as a
  184  precondition to permitting a service animal to accompany the
  185  individual requiring assistance, even if a deposit is routinely
  186  required for pets.
  187         (c) An individual with a disability is liable for damage
  188  caused by a service animal if it is the regular policy and
  189  practice of the public accommodation to charge nondisabled
  190  persons for damages caused by their pets.
  191         (d) The care or supervision of a service animal is the
  192  responsibility of the owner. A public accommodation is not
  193  required to provide care, food, or a special location for the
  194  service animal or assistance with removing animal excrement
  195  unless required by any federal agency, federal law, or federal
  196  regulation. In such an instance, if a public accommodation has a
  197  secured area, the public accommodation must provide a special
  198  location for the service animal to relieve itself within that
  199  secured area.
  200         (e) A public accommodation may exclude or remove any animal
  201  from the premises, including a service animal, if the animal
  202  fails to remain under the control of the handler or if the
  203  animal displays inappropriate behavior, including, but not
  204  limited to, growling, excessive barking, or biting, or poses a
  205  direct threat to the health and safety of others. Allergies and
  206  fear of animals are not valid reasons for denying access or
  207  refusing service to an individual accompanied by a service
  208  animal. If a service animal is excluded or removed for being a
  209  direct threat to others, the public accommodation must provide
  210  the individual requiring assistance the option of continuing
  211  access to the public accommodation without having the service
  212  animal on the premises.
  213         (3) A person, firm, or corporation, or the agent of any
  214  person, firm, or corporation, who denies or interferes with
  215  admittance to, or enjoyment of, a public accommodation,
  216  interferes with the renting, leasing, or purchasing of housing
  217  accommodations, or otherwise interferes with the rights of an
  218  individual requiring assistance while accompanied by a service
  219  animal or the trainer of a service animal while engaged in the
  220  training of such an animal pursuant to subsection (5):
  221         (a) For a first offense, commits a noncriminal violation
  222  punishable as provided in s. 775.083. The offender may contest
  223  the citation or may, within 30 days after receiving the
  224  citation, elect to pay a civil penalty of $50 plus court costs.
  225         (b) For a second or subsequent offense, commits a
  226  misdemeanor of the second degree, punishable as provided in s.
  227  775.082 or s. 775.083.
  228         (4) An individual requiring assistance who is accompanied
  229  by a service animal is entitled to full and equal advantages,
  230  facilities, and privileges in all housing accommodations and is
  231  entitled to rent, lease, or purchase, as are other members of
  232  the general public, any housing accommodation offered for rent,
  233  lease, or other compensation in this state, subject to the
  234  conditions and limitations established by law and applicable
  235  alike to all persons.
  236         (a) This section does not require any person renting,
  237  leasing, or otherwise providing real property for compensation
  238  to modify her or his property in any way or provide a higher
  239  degree of care for an individual requiring assistance than for a
  240  person who does not have a disability.
  241         (b) An individual requiring assistance who has a service
  242  animal or an individual who is the trainer of a service animal
  243  is entitled to full and equal access to all housing
  244  accommodations provided for in this section, and that individual
  245  is not required to pay extra compensation for the service
  246  animal. However, the individual is liable for any damage done to
  247  the premises or to another individual on the premises by the
  248  service animal. A housing accommodation may request proof of
  249  compliance with vaccination requirements.
  250         (5) A person who trains a service animal, while engaged in
  251  the training of such an animal, has the same rights and
  252  privileges with respect to access to public facilities and
  253  housing accommodations and the same liability for damage as is
  254  provided for a person described in subsection (2) who is
  255  accompanied by a service animal.
  256         (6) A person who knowingly and fraudulently represents
  257  herself or himself, through her or his conduct or verbal or
  258  written notice, as the owner or trainer of a service animal
  259  commits a misdemeanor of the second degree, punishable as
  260  provided in s. 775.082 or s. 775.083.
  261         Section 4. Subsection (3) of section 252.355, Florida
  262  Statutes, is amended to read:
  263         252.355 Registry of persons with special needs; notice.—
  264         (3) A person with special needs must be allowed to bring
  265  his or her service animal into a special needs shelter in
  266  accordance with s. 413.083 413.08.
  267         Section 5. This act shall take effect July 1, 2012.
  268  
  269  ================= T I T L E  A M E N D M E N T ================
  270         And the title is amended as follows:
  271         Delete everything before the enacting clause
  272  and insert:
  273                        A bill to be entitled                      
  274         An act relating to service animals; providing a short
  275         title; amending s. 413.08, F.S.; removing provisions
  276         related to service animals; creating s. 413.083, F.S.;
  277         providing definitions; specifying rights of an
  278         individual accompanied by a service animal; providing
  279         that documentation that a service animal is trained is
  280         not a precondition for providing certain services to
  281         an individual accompanied by a service animal;
  282         authorizing a public accommodation to make certain
  283         inquiries regarding the animal; providing restrictions
  284         for a public accommodation imposing a deposit or
  285         surcharge; providing for liability of an individual
  286         accompanied by or the trainer of a service animal
  287         under certain circumstances; providing responsibility
  288         for care and supervision of a service animal;
  289         providing conditions for exclusion or removal of a
  290         service animal from a public accommodation; providing
  291         penalties for denying or interfering with admittance
  292         to or enjoyment of a public accommodation; specifying
  293         rights to housing accommodations for an individual
  294         accompanied by a service animal; providing
  295         limitations; providing rights of housing to the owner
  296         or trainer of a service animal; providing a penalty
  297         for misrepresentation as an owner or trainer; amending
  298         s. 252.355, F.S.; conforming a cross-reference;
  299         providing an effective date.