Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1146
       
       
       
       
       
       
                                Ì398482FÎ398482                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 159 - 221
    4  and insert:
    5  discretion of the court, to be completed in not more than 6
    6  months.
    7         (5) It is the policy of this state that an individual with
    8  a disability be employed in the service of the state or
    9  political subdivisions of the state, in the public schools, and
   10  in all other employment supported in whole or in part by public
   11  funds, and an employer may not refuse employment to such a
   12  person on the basis of the disability alone, unless it is shown
   13  that the particular disability prevents the satisfactory
   14  performance of the work involved.
   15         (6) An individual with a disability is entitled to rent,
   16  lease, or purchase, as other members of the general public, any
   17  housing accommodations offered for rent, lease, or other
   18  compensation in this state, subject to the conditions and
   19  limitations established by law and applicable alike to all
   20  persons.
   21         (a) This section does not require any person renting,
   22  leasing, or otherwise providing real property for compensation
   23  to modify her or his property in any way or provide a higher
   24  degree of care for an individual with a disability than for a
   25  person who is not disabled.
   26         (b) An individual with a disability who has a service
   27  animal or an emotional support animal or who obtains a service
   28  animal or an emotional support animal is entitled to full and
   29  equal access to all housing accommodations provided for in this
   30  section, and such a person may not be required to pay extra
   31  compensation for such the service animal. However, such a person
   32  is liable for any damage done to the premises or to another
   33  person on the premises by the such an animal. A housing
   34  accommodation may request proof of compliance with vaccination
   35  requirements. This section does not limit the rights or remedies
   36  of a housing accommodation or a person with a disability which
   37  are granted by federal law or another law of this state and
   38  which relate to service animals or emotional support animals.
   39         (c) Except when the disability and the need for the service
   40  or emotional support animal are readily apparent, such as when
   41  it is observed guiding, pulling, or providing physical
   42  assistance to an individual who is blind, has low vision, uses a
   43  wheelchair, or needs the animal for stability, a landlord may
   44  request medical documentation that a tenant has a qualifying
   45  disability and how the service or emotional support animal
   46  alleviates one or more identified symptoms or effects of the
   47  individual’s disability.
   48         (7) An employer covered under subsection (5) who
   49  discriminates against an individual with a disability in
   50  employment, unless it is shown that the particular disability
   51  prevents the satisfactory performance of the work involved, or
   52  any person, firm, or corporation, or the agent of any person,
   53  firm, or corporation, providing housing accommodations as
   54  provided in subsection (6) who discriminates against an
   55  individual with a disability, commits a misdemeanor of the
   56  second degree, punishable as provided in s. 775.082 or s.
   57  775.083.
   58         (8) Any trainer of a service animal, while engaged in the
   59  training of such an animal, has the same rights and privileges
   60  with respect to access to public facilities and the same
   61  liability for damage as is provided for those persons described
   62  in subsection (3) accompanied by service animals.
   63         (9) A person who knowingly and willfully misrepresents
   64  herself or himself, through conduct or verbal or written notice,
   65  as using a service animal and being qualified to use a service
   66  animal or as a trainer of a service animal commits a misdemeanor
   67  of the second degree, punishable as provided in s. 775.082 or s.
   68  775.083 and must perform 30 hours of community service for an
   69  organization that serves individuals with disabilities, or for
   70  another entity or organization at the discretion of the court,
   71  to be completed in not more than 6 months.
   72  
   73  ================= T I T L E  A M E N D M E N T ================
   74  And the title is amended as follows:
   75         Delete line 16
   76  and insert:
   77         penalty for knowing and willful misrepresentation with
   78         respect to use or training of