Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. SB 1084
       
       
       
       
       
       
                                Ì258916FÎ258916                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             02/26/2020 04:52 PM       .                                
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       Senator Diaz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 760.27, Florida Statutes, is created to
    6  read:
    7         760.27Prohibited discrimination in housing provided to
    8  persons with a disability or disability-related need for an
    9  emotional support animal.—
   10         (1)DEFINITIONS.—As used in this section, the term:
   11         (a)“Emotional support animal” means an animal that does
   12  not require training to do work, perform tasks, provide
   13  assistance, or provide therapeutic emotional support by virtue
   14  of its presence which alleviates one or more identified symptoms
   15  or effects of a person’s disability.
   16         (b)“Housing provider” means any person or entity engaging
   17  in conduct covered by the federal Fair Housing Act or s. 504 of
   18  the Rehabilitation Act of 1973, including the owner or lessor of
   19  a dwelling.
   20         (2)REASONABLE ACCOMMODATION REQUESTS.—To the extent
   21  required by federal law, rule, or regulation, it is unlawful to
   22  discriminate in the provision of housing to a person with a
   23  disability or disability-related need for, and who has or at any
   24  time obtains, an emotional support animal. A person with a
   25  disability or a disability-related need must, upon the person’s
   26  request and approval by a housing provider, be allowed to keep
   27  such animal in his or her dwelling as a reasonable accommodation
   28  in housing, and such person may not be required to pay extra
   29  compensation for such animal. Unless otherwise prohibited by
   30  federal law, rule, or regulation, a housing provider may:
   31         (a)Deny a reasonable accommodation request for an
   32  emotional support animal if such animal poses a direct threat to
   33  the safety or health of others or poses a direct threat of
   34  physical damage to the property of others, which threat cannot
   35  be reduced or eliminated by another reasonable accommodation.
   36         (b)If a person’s disability is not readily apparent,
   37  request reliable information that reasonably supports that the
   38  person has a disability. Supporting information may include:
   39         1.A determination of disability from any federal, state,
   40  or local government agency.
   41         2.Receipt of disability benefits or services from any
   42  federal, state, or local government agency.
   43         3.Proof of eligibility for housing assistance or a housing
   44  voucher received because of a disability.
   45         4.Information from a health care practitioner, as defined
   46  in s. 456.001; a telehealth provider, as defined in s. 456.47;
   47  or any other similarly licensed or certified practitioner or
   48  provider in good standing with his or her profession’s
   49  regulatory body in another state but only if such out-of-state
   50  practitioner has provided in-person care or services to the
   51  tenant on at least one occasion. Such information is reliable if
   52  the practitioner or provider has personal knowledge of the
   53  person’s disability and is acting within the scope of his or her
   54  practice to provide the supporting information.
   55         5.Information from any other source that the housing
   56  provider reasonably determines to be reliable in accordance with
   57  the federal Fair Housing Act and s. 504 of the Rehabilitation
   58  Act of 1973.
   59         (c)If a person’s disability-related need for an emotional
   60  support animal is not readily apparent, request reliable
   61  information that reasonably supports the person’s need for the
   62  particular emotional support animal being requested. Supporting
   63  information may include:
   64         1.Information identifying the particular assistance or
   65  therapeutic emotional support provided by the specific animal
   66  from a health care practitioner, as defined in s. 456.001; a
   67  telehealth provider, as defined in s. 456.47; or any other
   68  similarly licensed or certified practitioner or provider in good
   69  standing with his or her profession’s regulatory body in another
   70  state. Such information is reliable if the practitioner or
   71  provider has personal knowledge of the person’s disability and
   72  is acting within the scope of his or her practice to provide the
   73  supporting information.
   74         2.Information from any other source that the housing
   75  provider reasonably determines to be reliable in accordance with
   76  the federal Fair Housing Act and s. 504 of the Rehabilitation
   77  Act of 1973.
   78         (d)If a person requests to keep more than one emotional
   79  support animal, request information regarding the specific need
   80  for each animal.
   81         (e)Require proof of compliance with state and local
   82  requirements for licensing and vaccinating each emotional
   83  support animal.
   84         (3)REQUEST LIMITATIONS.—
   85         (a)Notwithstanding the authority to request information
   86  under subsection (2), a housing provider may not request
   87  information that discloses the diagnosis or severity of a
   88  tenant’s disability or any medical records relating to the
   89  disability. However, a tenant may disclose such information or
   90  medical records to the housing provider at his or her
   91  discretion.
   92         (b)A housing provider may develop and make available to
   93  tenants a routine method for receiving and processing reasonable
   94  accommodation requests for emotional support animals; however, a
   95  housing provider may not require the use of a specific form or
   96  notarized statement, or deny a request solely because a tenant
   97  did not follow the housing provider’s routine method.
   98         (c)An emotional support animal registration of any kind,
   99  including, but not limited to, an identification card, patch,
  100  certificate, or similar registration obtained from the Internet
  101  is not, by itself, sufficient information to reliably establish
  102  that a person has a disability or disability-related need for an
  103  emotional support animal.
  104         (4)LIABILITY.—A person with a disability or disability
  105  related need is liable for any damage done to the premises or to
  106  another person on the premises by his or her emotional support
  107  animal.
  108         (5)APPLICABILITY.—This section does not apply to a service
  109  animal as defined in s. 413.08.
  110         Section 2. Paragraph (b) of subsection (6) of section
  111  413.08, Florida Statutes, is amended to read:
  112         413.08 Rights and responsibilities of an individual with a
  113  disability; use of a service animal; prohibited discrimination
  114  in public employment, public accommodations, and housing
  115  accommodations; penalties.—
  116         (6) An individual with a disability is entitled to rent,
  117  lease, or purchase, as other members of the general public, any
  118  housing accommodations offered for rent, lease, or other
  119  compensation in this state, subject to the conditions and
  120  limitations established by law and applicable alike to all
  121  persons.
  122         (b) An individual with a disability who has a service
  123  animal or who obtains a service animal is entitled to full and
  124  equal access to all housing accommodations provided for in this
  125  section, and such individual a person may not be required to pay
  126  extra compensation for such animal. However, such individual a
  127  person is liable for any damage done to the premises or to
  128  another individual person on the premises by the animal. A
  129  housing accommodation may request proof of compliance with
  130  vaccination requirements. This paragraph does not apply to an
  131  emotional support animal as defined in s. 760.27.
  132         Section 3. Paragraph (e) of subsection (1) of section
  133  419.001, Florida Statutes, is amended to read:
  134         419.001 Site selection of community residential homes.—
  135         (1) For the purposes of this section, the term:
  136         (e) “Resident” means any of the following: a frail elder as
  137  defined in s. 429.65; a person who has a disability handicap as
  138  defined in s. 760.22(3)(a) s. 760.22(7)(a); a person who has a
  139  developmental disability as defined in s. 393.063; a
  140  nondangerous person who has a mental illness as defined in s.
  141  394.455; or a child who is found to be dependent as defined in
  142  s. 39.01 or s. 984.03, or a child in need of services as defined
  143  in s. 984.03 or s. 985.03.
  144         Section 4. Paragraph (pp) is added to subsection (1) of
  145  section 456.072, Florida Statutes, to read:
  146         456.072 Grounds for discipline; penalties; enforcement.—
  147         (1) The following acts shall constitute grounds for which
  148  the disciplinary actions specified in subsection (2) may be
  149  taken:
  150         (pp)Providing information, including written
  151  documentation, indicating that a patient has a disability or
  152  supporting a patient’s need for an emotional support animal
  153  under s. 760.27 without personal knowledge of the patient’s
  154  disability or disability-related need for the specific emotional
  155  support animal.
  156         Section 5. Present subsections (3) through (6) of section
  157  760.22, Florida Statutes, are renumbered as subsections (4)
  158  through (7), respectively, and present subsection (7) of that
  159  section is amended, to read:
  160         760.22 Definitions.—As used in ss. 760.20-760.37, the term:
  161         (3)(7)“Disability” “Handicap” means:
  162         (a) A person has a physical or mental impairment which
  163  substantially limits one or more major life activities, or he or
  164  she has a record of having, or is regarded as having, such
  165  physical or mental impairment; or
  166         (b) A person has a developmental disability as defined in
  167  s. 393.063.
  168         Section 6. Section 760.23, Florida Statutes, is amended to
  169  read:
  170         760.23 Discrimination in the sale or rental of housing and
  171  other prohibited practices.—
  172         (1) It is unlawful to refuse to sell or rent after the
  173  making of a bona fide offer, to refuse to negotiate for the sale
  174  or rental of, or otherwise to make unavailable or deny a
  175  dwelling to any person because of race, color, national origin,
  176  sex, disability handicap, familial status, or religion.
  177         (2) It is unlawful to discriminate against any person in
  178  the terms, conditions, or privileges of sale or rental of a
  179  dwelling, or in the provision of services or facilities in
  180  connection therewith, because of race, color, national origin,
  181  sex, disability handicap, familial status, or religion.
  182         (3) It is unlawful to make, print, or publish, or cause to
  183  be made, printed, or published, any notice, statement, or
  184  advertisement with respect to the sale or rental of a dwelling
  185  that indicates any preference, limitation, or discrimination
  186  based on race, color, national origin, sex, disability handicap,
  187  familial status, or religion or an intention to make any such
  188  preference, limitation, or discrimination.
  189         (4) It is unlawful to represent to any person because of
  190  race, color, national origin, sex, disability handicap, familial
  191  status, or religion that any dwelling is not available for
  192  inspection, sale, or rental when such dwelling is in fact so
  193  available.
  194         (5) It is unlawful, for profit, to induce or attempt to
  195  induce any person to sell or rent any dwelling by a
  196  representation regarding the entry or prospective entry into the
  197  neighborhood of a person or persons of a particular race, color,
  198  national origin, sex, disability handicap, familial status, or
  199  religion.
  200         (6) The protections afforded under ss. 760.20-760.37
  201  against discrimination on the basis of familial status apply to
  202  any person who is pregnant or is in the process of securing
  203  legal custody of any individual who has not attained the age of
  204  18 years.
  205         (7) It is unlawful to discriminate in the sale or rental
  206  of, or to otherwise make unavailable or deny, a dwelling to any
  207  buyer or renter because of a disability handicap of:
  208         (a) That buyer or renter;
  209         (b) A person residing in or intending to reside in that
  210  dwelling after it is sold, rented, or made available; or
  211         (c) Any person associated with the buyer or renter.
  212         (8) It is unlawful to discriminate against any person in
  213  the terms, conditions, or privileges of sale or rental of a
  214  dwelling, or in the provision of services or facilities in
  215  connection with such dwelling, because of a disability handicap
  216  of:
  217         (a) That buyer or renter;
  218         (b) A person residing in or intending to reside in that
  219  dwelling after it is sold, rented, or made available; or
  220         (c) Any person associated with the buyer or renter.
  221         (9) For purposes of subsections (7) and (8), discrimination
  222  includes:
  223         (a) A refusal to permit, at the expense of the handicapped
  224  person with a disability, reasonable modifications of existing
  225  premises occupied or to be occupied by such person if such
  226  modifications may be necessary to afford such person full
  227  enjoyment of the premises; or
  228         (b) A refusal to make reasonable accommodations in rules,
  229  policies, practices, or services, when such accommodations may
  230  be necessary to afford such person equal opportunity to use and
  231  enjoy a dwelling.
  232         (10) Covered multifamily dwellings as defined herein which
  233  are intended for first occupancy after March 13, 1991, shall be
  234  designed and constructed to have at least one building entrance
  235  on an accessible route unless it is impractical to do so because
  236  of the terrain or unusual characteristics of the site as
  237  determined by commission rule. Such buildings shall also be
  238  designed and constructed in such a manner that:
  239         (a) The public use and common use portions of such
  240  dwellings are readily accessible to and usable by handicapped
  241  persons with disabilities.
  242         (b) All doors designed to allow passage into and within all
  243  premises within such dwellings are sufficiently wide to allow
  244  passage by a person in a wheelchair.
  245         (c) All premises within such dwellings contain the
  246  following features of adaptive design:
  247         1. An accessible route into and through the dwelling.
  248         2. Light switches, electrical outlets, thermostats, and
  249  other environmental controls in accessible locations.
  250         3. Reinforcements in bathroom walls to allow later
  251  installation of grab bars.
  252         4. Usable kitchens and bathrooms such that a person in a
  253  wheelchair can maneuver about the space.
  254         (d) Compliance with the appropriate requirements of the
  255  American National Standards Institute for buildings and
  256  facilities providing accessibility and usability for persons
  257  with physical disabilities physically handicapped people,
  258  commonly cited as ANSI A117.1-1986, suffices to satisfy the
  259  requirements of paragraph (c).
  260  
  261  State agencies with building construction regulation
  262  responsibility or local governments, as appropriate, shall
  263  review the plans and specifications for the construction of
  264  covered multifamily dwellings to determine consistency with the
  265  requirements of this subsection.
  266         Section 7. Section 760.24, Florida Statutes, is amended to
  267  read:
  268         760.24 Discrimination in the provision of brokerage
  269  services.—It is unlawful to deny any person access to, or
  270  membership or participation in, any multiple-listing service,
  271  real estate brokers’ organization, or other service,
  272  organization, or facility relating to the business of selling or
  273  renting dwellings, or to discriminate against him or her in the
  274  terms or conditions of such access, membership, or
  275  participation, on account of race, color, national origin, sex,
  276  disability handicap, familial status, or religion.
  277         Section 8. Subsection (1) and paragraph (a) of subsection
  278  (2) of section 760.25, Florida Statutes, are amended to read:
  279         760.25 Discrimination in the financing of housing or in
  280  residential real estate transactions.—
  281         (1) It is unlawful for any bank, building and loan
  282  association, insurance company, or other corporation,
  283  association, firm, or enterprise the business of which consists
  284  in whole or in part of the making of commercial real estate
  285  loans to deny a loan or other financial assistance to a person
  286  applying for the loan for the purpose of purchasing,
  287  constructing, improving, repairing, or maintaining a dwelling,
  288  or to discriminate against him or her in the fixing of the
  289  amount, interest rate, duration, or other term or condition of
  290  such loan or other financial assistance, because of the race,
  291  color, national origin, sex, disability handicap, familial
  292  status, or religion of such person or of any person associated
  293  with him or her in connection with such loan or other financial
  294  assistance or the purposes of such loan or other financial
  295  assistance, or because of the race, color, national origin, sex,
  296  disability handicap, familial status, or religion of the present
  297  or prospective owners, lessees, tenants, or occupants of the
  298  dwelling or dwellings in relation to which such loan or other
  299  financial assistance is to be made or given.
  300         (2)(a) It is unlawful for any person or entity whose
  301  business includes engaging in residential real estate
  302  transactions to discriminate against any person in making
  303  available such a transaction, or in the terms or conditions of
  304  such a transaction, because of race, color, national origin,
  305  sex, disability handicap, familial status, or religion.
  306         Section 9. Paragraph (a) of subsection (1) and paragraph
  307  (a) of subsection (5) of section 760.29, Florida Statutes, are
  308  amended to read:
  309         760.29 Exemptions.—
  310         (1)(a) Nothing in ss. 760.23, and 760.25, and 760.27
  311  applies to:
  312         1. Any single-family house sold or rented by its owner,
  313  provided such private individual owner does not own more than
  314  three single-family houses at any one time. In the case of the
  315  sale of a single-family house by a private individual owner who
  316  does not reside in such house at the time of the sale or who was
  317  not the most recent resident of the house prior to the sale, the
  318  exemption granted by this paragraph applies only with respect to
  319  one sale within any 24-month period. In addition, the bona fide
  320  private individual owner shall not own any interest in, nor
  321  shall there be owned or reserved on his or her behalf, under any
  322  express or voluntary agreement, title to, or any right to all or
  323  a portion of the proceeds from the sale or rental of, more than
  324  three single-family houses at any one time. The sale or rental
  325  of any single-family house shall be excepted from the
  326  application of ss. 760.20-760.37 only if the house is sold or
  327  rented:
  328         a. Without the use in any manner of the sales or rental
  329  facilities or the sales or rental services of any real estate
  330  licensee or such facilities or services of any person in the
  331  business of selling or renting dwellings, or of any employee or
  332  agent of any such licensee or person; and
  333         b. Without the publication, posting, or mailing, after
  334  notice, of any advertisement or written notice in violation of
  335  s. 760.23(3).
  336  
  337  Nothing in this provision prohibits the use of attorneys, escrow
  338  agents, abstractors, title companies, and other such
  339  professional assistance as is necessary to perfect or transfer
  340  the title.
  341         2. Rooms or units in dwellings containing living quarters
  342  occupied or intended to be occupied by no more than four
  343  families living independently of each other, if the owner
  344  actually maintains and occupies one of such living quarters as
  345  his or her residence.
  346         (5) Nothing in ss. 760.20-760.37:
  347         (a) Prohibits a person engaged in the business of
  348  furnishing appraisals of real property from taking into
  349  consideration factors other than race, color, national origin,
  350  sex, disability handicap, familial status, or religion.
  351         Section 10. Subsection (5) of section 760.31, Florida
  352  Statutes, is amended to read:
  353         760.31 Powers and duties of commission.—The commission
  354  shall:
  355         (5) Adopt rules necessary to implement ss. 760.20-760.37
  356  and govern the proceedings of the commission in accordance with
  357  chapter 120. Commission rules shall clarify terms used with
  358  regard to handicapped accessibility for persons with
  359  disabilities, exceptions from accessibility requirements based
  360  on terrain or site characteristics, and requirements related to
  361  housing for older persons. Commission rules shall specify the
  362  fee and the forms and procedures to be used for the registration
  363  required by s. 760.29(4)(e).
  364         Section 11. Section 817.265, Florida Statutes, is created
  365  to read:
  366         817.265False or fraudulent proof of need for an emotional
  367  support animal.—A person who falsifies information or written
  368  documentation, or knowingly provides fraudulent information or
  369  written documentation, for an emotional support animal under s.
  370  760.27, or otherwise knowingly and willfully misrepresents
  371  himself or herself, through his or her conduct or through a
  372  verbal or written notice, as having a disability or disability
  373  related need for an emotional support animal or being otherwise
  374  qualified to use an emotional support animal, commits a
  375  misdemeanor of the second degree, punishable as provided in s.
  376  775.082 or s. 775.083. In addition, within 6 months after a
  377  conviction under this section, a person must perform 30 hours of
  378  community service for an organization that serves persons with
  379  disabilities or for another entity or organization that the
  380  court determines is appropriate.
  381         Section 12. This act shall take effect July 1, 2020.
  382  
  383  ================= T I T L E  A M E N D M E N T ================
  384  And the title is amended as follows:
  385         Delete everything before the enacting clause
  386  and insert:
  387                        A bill to be entitled                      
  388         An act relating to emotional support animals; creating
  389         s. 760.27, F.S.; defining the terms “emotional support
  390         animal” and “housing provider”; prohibiting
  391         discrimination in housing provided to a person with a
  392         disability or a disability-related need for an
  393         emotional support animal; specifying that such person
  394         may not be required to pay extra compensation for such
  395         animal; authorizing a housing provider to request
  396         specified information under certain circumstances;
  397         restricting such requests; specifying liability for
  398         owners of emotional support animals relating to damage
  399         done by their emotional support animals; providing
  400         applicability; amending s. 413.08, F.S.; providing
  401         applicability; amending s. 456.072, F.S.; prohibiting
  402         a health care practitioner from providing information
  403         regarding a person’s need for an emotional support
  404         animal without having personal knowledge of that
  405         person’s need for the animal; amending s. 760.22,
  406         F.S.; revising the definition of the term “handicap”;
  407         amending ss. 419.001, 760.23, 760.24, 760.25, 760.29,
  408         and 760.31, F.S.; replacing the term “handicap” with
  409         the term “disability,” to conform to changes made by
  410         the act; conforming provisions to changes made by the
  411         act; creating s. 817.265, F.S.; prohibiting the
  412         falsification of information or other fraudulent
  413         misrepresentation regarding the use of an emotional
  414         support animal; providing penalties; providing an
  415         effective date.