Florida Senate - 2019 SB 1128
By Senator Diaz
36-01735-19 20191128__
1 A bill to be entitled
2 An act relating to emotional support animals; amending
3 s. 413.08, F.S.; revising and providing definitions;
4 providing that an individual with a disability who has
5 an emotional support animal or obtains an emotional
6 support animal is entitled to full and equal access to
7 all housing accommodations; prohibiting a housing
8 accommodation from requiring such individual to pay
9 extra compensation for such animal; authorizing a
10 housing accommodation to request certain written
11 documentation under certain circumstances; authorizing
12 the Department of Health to adopt rules; specifying
13 that an individual with a disability is liable for
14 certain damage done by her or his emotional support
15 animal; prohibiting the falsification of written
16 documentation or other misrepresentation regarding the
17 use of an emotional support animal; providing
18 penalties; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Present paragraphs (a) through (d) of subsection
23 (1) of section 413.08, Florida Statutes, are redesignated as
24 paragraphs (b) through (e), respectively, present paragraph (d)
25 of subsection (1) and paragraph (b) of subsection (6) are
26 amended, a new paragraph (a) is added to subsection (1), and
27 subsection (10) is added to that section, to read:
28 413.08 Rights and responsibilities of an individual with a
29 disability; use of a service animal or an emotional support
30 animal; prohibited discrimination in public employment, public
31 accommodations, and housing accommodations; penalties.—
32 (1) As used in this section and s. 413.081, the term:
33 (a) “Emotional support animal” means an animal that does
34 not require training to do specific work or perform special
35 tasks for an individual with a disability but, by virtue of its
36 presence, provides support to alleviate one or more identified
37 symptoms or effects of an individual’s disability.
38 (e)(d) “Service animal” means an animal that is trained to
39 do work or perform tasks for an individual with a disability,
40 including a physical, sensory, psychiatric, intellectual, or
41 other mental disability. The work done or tasks performed must
42 be directly related to the individual’s disability and may
43 include, but are not limited to, guiding an individual who is
44 visually impaired or blind, alerting an individual who is deaf
45 or hard of hearing, pulling a wheelchair, assisting with
46 mobility or balance, alerting and protecting an individual who
47 is having a seizure, retrieving objects, alerting an individual
48 to the presence of allergens, providing physical support and
49 assistance with balance and stability to an individual with a
50 mobility disability, helping an individual with a psychiatric or
51 neurological disability by preventing or interrupting impulsive
52 or destructive behaviors, reminding an individual with mental
53 illness to take prescribed medications, calming an individual
54 with posttraumatic stress disorder during an anxiety attack, or
55 doing other specific work or performing other special tasks. A
56 service animal is not a pet. For purposes of subsections (2),
57 (3), and (4), the term “service animal” is limited to a dog or
58 miniature horse. The crime-deterrent effect of an animal’s
59 presence and the provision of emotional support, well-being,
60 comfort, or companionship do not constitute work or tasks for
61 purposes of this definition.
62 (6) An individual with a disability is entitled to rent,
63 lease, or purchase, as other members of the general public, any
64 housing accommodations offered for rent, lease, or other
65 compensation in this state, subject to the conditions and
66 limitations established by law and applicable alike to all
67 persons.
68 (b)1. An individual with a disability who has a service
69 animal or who obtains a service animal is entitled to full and
70 equal access to all housing accommodations provided for in this
71 section, and such individual a person may not be required to pay
72 extra compensation for such animal. This subparagraph does not
73 apply to an emotional support animal.
74 2.a. An individual with a disability who has an emotional
75 support animal or who obtains an emotional support animal is
76 entitled to full and equal access to all housing accommodations
77 provided for in this section, and such individual may not be
78 required to pay extra compensation for such animal. If an
79 individual’s disability or disability-related need is not
80 readily apparent to a housing accommodation, the housing
81 accommodation may request written documentation prepared by a
82 health care practitioner, as defined in s. 456.001, which
83 verifies that the individual has a disability or a disability
84 related need and has been under the practitioner’s care or
85 treatment for such disability or need, and the animal provides
86 support to alleviate one or more identified symptoms or effects
87 of the individual’s disability or disability-related need.
88 b. The written documentation, as specified in sub
89 subparagraph a., must be prepared in a format prescribed by the
90 Department of Health in rule and may not be prepared by a health
91 care practitioner whose exclusive service to the individual with
92 a disability is preparation of the written documentation in
93 exchange for a fee. The Department of Health may adopt rules to
94 administer this sub-subparagraph.
95 c. This subparagraph does not apply to a service animal.
96 3. An individual with a disability However, such a person
97 is liable for any damage done to the premises or to another
98 person on the premises by her or his service the animal or
99 emotional support animal. A housing accommodation may request
100 proof of compliance with vaccination requirements.
101 (10) A person who falsifies written documentation, as
102 specified in sub-subparagraph (6)(b)2.a., for an emotional
103 support animal or otherwise knowingly and willfully
104 misrepresents herself or himself, through conduct or verbal or
105 written notice, as using an emotional support animal and being
106 qualified to use an emotional support animal commits a
107 misdemeanor of the second degree, punishable as provided in s.
108 775.082 or s. 775.083, and must perform 30 hours of community
109 service for an organization that serves individuals with
110 disabilities, or for another entity or organization at the
111 discretion of the court, to be completed in not more than 6
112 months.
113 Section 2. This act shall take effect July 1, 2019.