Florida Senate - 2012                             CS for SB 1382
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Bennett
       
       
       
       586-03230-12                                          20121382c1
    1                        A bill to be entitled                      
    2         An act relating to service animals; providing a short
    3         title; amending s. 413.08, F.S.; removing provisions
    4         related to service animals; creating s. 413.083, F.S.;
    5         providing definitions; specifying rights of an
    6         individual accompanied by a service animal; providing
    7         that documentation that a service animal is trained is
    8         not a precondition for providing certain services to
    9         an individual accompanied by a service animal;
   10         authorizing a public accommodation to make certain
   11         inquiries regarding the animal; providing restrictions
   12         for a public accommodation imposing a deposit or
   13         surcharge; providing for liability of an individual
   14         accompanied by or the trainer of a service animal
   15         under certain circumstances; providing responsibility
   16         for care and supervision of a service animal;
   17         providing conditions for exclusion or removal of a
   18         service animal from a public accommodation; providing
   19         penalties for denying or interfering with admittance
   20         to or enjoyment of a public accommodation; specifying
   21         rights to housing accommodations for an individual
   22         accompanied by a service animal; providing
   23         limitations; providing rights of housing to the owner
   24         or trainer of a service animal; providing a penalty
   25         for misrepresentation as an owner or trainer; amending
   26         s. 252.355, F.S.; conforming a cross-reference;
   27         providing an effective date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. This act may be cited as the “Dawson and David
   32  Caras Act.”
   33         Section 2. Section 413.08, Florida Statutes, is amended to
   34  read:
   35         413.08 Rights of an individual with a disability; use of a
   36  service animal; discrimination in public employment or housing
   37  accommodations; penalties.—
   38         (1) As used in this section and s. 413.081, the term:
   39         (a) “Housing accommodation” means any real property or
   40  portion thereof which is used or occupied, or intended,
   41  arranged, or designed to be used or occupied, as the home,
   42  residence, or sleeping place of one or more persons, but does
   43  not include any single-family residence, the occupants of which
   44  rent, lease, or furnish for compensation not more than one room
   45  therein.
   46         (b) “Individual with a disability” means a person who is
   47  deaf, hard of hearing, blind, visually impaired, or otherwise
   48  physically disabled. As used in this paragraph, the term:
   49         1. “Hard of hearing” means an individual who has suffered a
   50  permanent hearing impairment that is severe enough to
   51  necessitate the use of amplification devices to discriminate
   52  speech sounds in verbal communication.
   53         2. “Physically disabled” means any person who has a
   54  physical impairment that substantially limits one or more major
   55  life activities.
   56         (c) “Public accommodation” means a common carrier,
   57  airplane, motor vehicle, railroad train, motor bus, streetcar,
   58  boat, or other public conveyance or mode of transportation;
   59  hotel; lodging place; place of public accommodation, amusement,
   60  or resort; and other places to which the general public is
   61  invited, subject only to the conditions and limitations
   62  established by law and applicable alike to all persons.
   63         (d) “Service animal” means an animal that is trained to
   64  perform tasks for an individual with a disability. The tasks may
   65  include, but are not limited to, guiding a person who is
   66  visually impaired or blind, alerting a person who is deaf or
   67  hard of hearing, pulling a wheelchair, assisting with mobility
   68  or balance, alerting and protecting a person who is having a
   69  seizure, retrieving objects, or performing other special tasks.
   70  A service animal is not a pet.
   71         (2) An individual with a disability is entitled to full and
   72  equal accommodations, advantages, facilities, and privileges in
   73  all public accommodations. This section does not require any
   74  person, firm, business, or corporation, or any agent thereof, to
   75  modify or provide any vehicle, premises, facility, or service to
   76  a higher degree of accommodation than is required for a person
   77  not so disabled.
   78         (3) An individual with a disability has the right to be
   79  accompanied by a service animal in all areas of a public
   80  accommodation that the public or customers are normally
   81  permitted to occupy.
   82         (a) Documentation that the service animal is trained is not
   83  a precondition for providing service to an individual
   84  accompanied by a service animal. A public accommodation may ask
   85  if an animal is a service animal or what tasks the animal has
   86  been trained to perform in order to determine the difference
   87  between a service animal and a pet.
   88         (b) A public accommodation may not impose a deposit or
   89  surcharge on an individual with a disability as a precondition
   90  to permitting a service animal to accompany the individual with
   91  a disability, even if a deposit is routinely required for pets.
   92         (c) An individual with a disability is liable for damage
   93  caused by a service animal if it is the regular policy and
   94  practice of the public accommodation to charge nondisabled
   95  persons for damages caused by their pets.
   96         (d) The care or supervision of a service animal is the
   97  responsibility of the individual owner. A public accommodation
   98  is not required to provide care or food or a special location
   99  for the service animal or assistance with removing animal
  100  excrement.
  101         (e) A public accommodation may exclude or remove any animal
  102  from the premises, including a service animal, if the animal’s
  103  behavior poses a direct threat to the health and safety of
  104  others. Allergies and fear of animals are not valid reasons for
  105  denying access or refusing service to an individual with a
  106  service animal. If a service animal is excluded or removed for
  107  being a direct threat to others, the public accommodation must
  108  provide the individual with a disability the option of
  109  continuing access to the public accommodation without having the
  110  service animal on the premises.
  111         (3)(4)A Any person, firm, or corporation, or the agent of
  112  any person, firm, or corporation, who denies or interferes with
  113  admittance to, or enjoyment of, a public accommodation or
  114  otherwise interferes with the rights of an individual with a
  115  disability or the trainer of a service animal while engaged in
  116  the training of such an animal pursuant to subsection (8),
  117  commits a misdemeanor of the second degree, punishable as
  118  provided in s. 775.082 or s. 775.083.
  119         (4)(5) It is the policy of this state that an individual
  120  with a disability be employed in the service of the state or
  121  political subdivisions of the state, in the public schools, and
  122  in all other employment supported in whole or in part by public
  123  funds, and an employer may not refuse employment to such a
  124  person on the basis of the disability alone, unless it is shown
  125  that the particular disability prevents the satisfactory
  126  performance of the work involved.
  127         (5)(6) An individual with a disability is entitled to rent,
  128  lease, or purchase, as other members of the general public, any
  129  housing accommodations offered for rent, lease, or other
  130  compensation in this state, subject to the conditions and
  131  limitations established by law and applicable alike to all
  132  persons.
  133         (a) This section does not require any person renting,
  134  leasing, or otherwise providing real property for compensation
  135  to modify her or his property in any way or provide a higher
  136  degree of care for an individual with a disability than for a
  137  person who is not disabled.
  138         (b) An individual with a disability who has a service
  139  animal or who obtains a service animal is entitled to full and
  140  equal access to all housing accommodations provided for in this
  141  section, and such a person may not be required to pay extra
  142  compensation for the service animal. However, such a person is
  143  liable for any damage done to the premises or to another person
  144  on the premises by such an animal. A housing accommodation may
  145  request proof of compliance with vaccination requirements.
  146         (6)(7) An employer covered under subsection (4) (5) who
  147  discriminates against an individual with a disability in
  148  employment, unless it is shown that the particular disability
  149  prevents the satisfactory performance of the work involved, or
  150  any person, firm, or corporation, or the agent of any person,
  151  firm, or corporation, providing housing accommodations as
  152  provided in subsection (5) (6) who discriminates against an
  153  individual with a disability, commits a misdemeanor of the
  154  second degree, punishable as provided in s. 775.082 or s.
  155  775.083.
  156         (8) Any trainer of a service animal, while engaged in the
  157  training of such an animal, has the same rights and privileges
  158  with respect to access to public facilities and the same
  159  liability for damage as is provided for those persons described
  160  in subsection (3) accompanied by service animals.
  161         Section 3. Section 413.083, Florida Statutes, is created to
  162  read:
  163         413.083 Use of a service animal; penalties.—
  164         (1) As used in this section and s. 413.081, the term:
  165         (a) “Individual requiring assistance” means any person who
  166  is deaf, hard of hearing as defined in s. 413.08(1)(b)1., blind,
  167  visually impaired, or physically disabled as defined in s.
  168  413.08(1)(b)2. or who has a psychological or neurological
  169  disability.
  170         (b) “Owner” means a person who owns a service animal or who
  171  is authorized by the owner to use a service animal.
  172         (c) “Service animal” means any domesticated animal that is
  173  individually trained to do work or perform tasks for the benefit
  174  of an individual with a disability, including a physical,
  175  sensory, psychiatric, intellectual, or other mental disability.
  176  The work or tasks performed by a service animal must be directly
  177  related to the handler’s disability. Examples of work or tasks
  178  include, but are not limited to, assisting individuals who are
  179  blind or have low vision with navigation and other tasks,
  180  alerting individuals who are deaf or hard of hearing to the
  181  presence of people or sounds, providing nonviolent protection or
  182  rescue work, pulling a wheelchair, assisting an individual
  183  during a seizure, alerting individuals to the presence of
  184  allergens, retrieving items such as medicine or the telephone,
  185  providing physical support and assistance with balance and
  186  stability to individuals with mobility disabilities, and helping
  187  individuals with psychiatric or neurological disabilities by
  188  preventing or interrupting impulsive or destructive behaviors.
  189  The crime deterrent effects of an animal’s presence and the
  190  provision of emotional support, well-being, comfort, or
  191  companionship do not constitute work or tasks for the purposes
  192  of this paragraph.
  193         (2) An individual requiring assistance has the right to be
  194  accompanied by a service animal in all areas of a public
  195  accommodation that the public or customers are normally
  196  permitted to occupy. If an individual requiring assistance or an
  197  individual who trains service animals is a student at a private
  198  or public school in the state, that individual has the right to
  199  be accompanied by a service animal, subject to the conditions
  200  established under this section.
  201         (a) Documentation that the service animal is trained is not
  202  a precondition for providing service to an individual
  203  accompanied by a service animal. A public accommodation may ask
  204  if an animal is a service animal or what tasks the animal has
  205  been trained to perform in order to determine the difference
  206  between a service animal and a pet.
  207         (b) A public accommodation may not impose a deposit or
  208  surcharge on an individual requiring assistance as a
  209  precondition to permitting a service animal to accompany the
  210  individual requiring assistance, even if a deposit is routinely
  211  required for pets.
  212         (c) An individual with a disability is liable for damage
  213  caused by a service animal if it is the regular policy and
  214  practice of the public accommodation to charge nondisabled
  215  persons for damages caused by their pets.
  216         (d) The care or supervision of a service animal is the
  217  responsibility of the owner. A public accommodation is not
  218  required to provide care, food, or a special location for the
  219  service animal or assistance with removing animal excrement
  220  unless required by any federal agency, federal law, or federal
  221  regulation. In such an instance, if a public accommodation has a
  222  secured area, the public accommodation must provide a special
  223  location for the service animal to relieve itself within that
  224  secured area.
  225         (e) A public accommodation may exclude or remove any animal
  226  from the premises, including a service animal, if the animal
  227  fails to remain under the control of the handler or if the
  228  animal displays inappropriate behavior, including, but not
  229  limited to, growling, excessive barking, or biting, or poses a
  230  direct threat to the health and safety of others. Allergies and
  231  fear of animals are not valid reasons for denying access or
  232  refusing service to an individual accompanied by a service
  233  animal. If a service animal is excluded or removed for being a
  234  direct threat to others, the public accommodation must provide
  235  the individual requiring assistance the option of continuing
  236  access to the public accommodation without having the service
  237  animal on the premises.
  238         (3) A person, firm, or corporation, or the agent of any
  239  person, firm, or corporation, who denies or interferes with
  240  admittance to, or enjoyment of, a public accommodation,
  241  interferes with the renting, leasing, or purchasing of housing
  242  accommodations, or otherwise interferes with the rights of an
  243  individual requiring assistance while accompanied by a service
  244  animal or the trainer of a service animal while engaged in the
  245  training of such an animal pursuant to subsection (5):
  246         (a) For a first offense, commits a noncriminal violation
  247  punishable as provided in s. 775.083. The offender may contest
  248  the citation or may, within 30 days after receiving the
  249  citation, elect to pay a civil penalty of $50 plus court costs.
  250         (b) For a second or subsequent offense, commits a
  251  misdemeanor of the second degree, punishable as provided in s.
  252  775.082 or s. 775.083.
  253         (4) An individual requiring assistance who is accompanied
  254  by a service animal is entitled to full and equal advantages,
  255  facilities, and privileges in all housing accommodations and is
  256  entitled to rent, lease, or purchase, as are other members of
  257  the general public, any housing accommodation offered for rent,
  258  lease, or other compensation in this state, subject to the
  259  conditions and limitations established by law and applicable
  260  alike to all persons.
  261         (a) This section does not require any person renting,
  262  leasing, or otherwise providing real property for compensation
  263  to modify her or his property in any way or provide a higher
  264  degree of care for an individual requiring assistance than for a
  265  person who does not have a disability.
  266         (b) An individual requiring assistance who has a service
  267  animal or an individual who is the trainer of a service animal
  268  is entitled to full and equal access to all housing
  269  accommodations provided for in this section, and that individual
  270  is not required to pay extra compensation for the service
  271  animal. However, the individual is liable for any damage done to
  272  the premises or to another individual on the premises by the
  273  service animal. A housing accommodation may request proof of
  274  compliance with vaccination requirements.
  275         (5) A person who trains a service animal, while engaged in
  276  the training of such an animal, has the same rights and
  277  privileges with respect to access to public facilities and
  278  housing accommodations and the same liability for damage as is
  279  provided for a person described in subsection (2) who is
  280  accompanied by a service animal.
  281         (6) A person who knowingly and fraudulently represents
  282  herself or himself, through her or his conduct or verbal or
  283  written notice, as the owner or trainer of a service animal
  284  commits a misdemeanor of the second degree, punishable as
  285  provided in s. 775.082 or s. 775.083.
  286         Section 4. Subsection (3) of section 252.355, Florida
  287  Statutes, is amended to read:
  288         252.355 Registry of persons with special needs; notice.—
  289         (3) A person with special needs must be allowed to bring
  290  his or her service animal into a special needs shelter in
  291  accordance with s. 413.083 413.08.
  292         Section 5. This act shall take effect July 1, 2012.