Florida Senate - 2012 CS for CS for SB 1382
By the Committees on Budget; and Children, Families, and Elder
Affairs; and Senator Bennett
576-04505-12 20121382c2
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) commits a
246 misdemeanor of the second degree, punishable as provided in s.
247 775.082 or s. 775.083.
248 (4) An individual requiring assistance who is accompanied
249 by a service animal is entitled to full and equal advantages,
250 facilities, and privileges in all housing accommodations and is
251 entitled to rent, lease, or purchase, as are other members of
252 the general public, any housing accommodation offered for rent,
253 lease, or other compensation in this state, subject to the
254 conditions and limitations established by law and applicable
255 alike to all persons.
256 (a) This section does not require any person renting,
257 leasing, or otherwise providing real property for compensation
258 to modify her or his property in any way or provide a higher
259 degree of care for an individual requiring assistance than for a
260 person who does not have a disability.
261 (b) An individual requiring assistance who has a service
262 animal or an individual who is the trainer of a service animal
263 is entitled to full and equal access to all housing
264 accommodations provided for in this section, and that individual
265 is not required to pay extra compensation for the service
266 animal. However, the individual is liable for any damage done to
267 the premises or to another individual on the premises by the
268 service animal. A housing accommodation may request proof of
269 compliance with vaccination requirements.
270 (5) A person who trains a service animal, while engaged in
271 the training of such an animal, has the same rights and
272 privileges with respect to access to public facilities and
273 housing accommodations and the same liability for damage as is
274 provided for a person described in subsection (2) who is
275 accompanied by a service animal.
276 (6) A person who knowingly and fraudulently represents
277 himself or herself to a third party as an individual requiring
278 assistance or as the owner or trainer of a service animal with
279 the intent to avail himself or herself of the benefits of this
280 section commits a misdemeanor of the second degree, punishable
281 as provided in s. 775.082 or s. 775.083.
282 Section 4. Subsection (3) of section 252.355, Florida
283 Statutes, is amended to read:
284 252.355 Registry of persons with special needs; notice.—
285 (3) A person with special needs must be allowed to bring
286 his or her service animal into a special needs shelter in
287 accordance with s. 413.083 413.08.
288 Section 5. This act shall take effect July 1, 2012.