Florida Senate - 2020                                    SB 1814
       
       
        
       By Senator Powell
       
       
       
       
       
       30-01842-20                                           20201814__
    1                        A bill to be entitled                      
    2         An act relating to nonservice animals; creating s.
    3         455.45, F.S.; defining terms; prohibiting nonservice
    4         animals from entering specified public food service
    5         establishments or places of business; requiring the
    6         Department of Business and Professional Regulation to
    7         adopt rules and to create and maintain a publicly
    8         accessible website for complaints; providing civil and
    9         criminal penalties; providing construction; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 455.45, Florida Statutes, is created to
   15  read:
   16         455.45 Nonservice animals prohibited from a public food
   17  service establishment or place of business.—
   18         (1) As used in this section, the term:
   19         (a) “Business” means a retail establishment, food outlet as
   20  defined in s. 500.03(1), restaurant, bar, lounge, or any other
   21  similar place of business in which the public assembles.
   22         (b) “Guest” means any patron or customer of a public food
   23  service establishment or place of business.
   24         (c) “Nonservice animal” means a domesticated animal that is
   25  kept as a household pet.
   26         (d) “Public food service establishment” has the same
   27  meaning as provided in s. 509.013(5).
   28         (e) “Service animal” has the same meaning as provided in s.
   29  413.08(1).
   30         (2) In order to protect the health, safety, and general
   31  welfare of the public, nonservice animals are prohibited from
   32  traveling through or remaining in indoor portions of a public
   33  food service establishment or place of business.
   34         (3) The department shall:
   35         (a) Adopt rules to administer this section, including the
   36  following:
   37         1. The department shall develop and designate by rule a
   38  sign that notifies guests that nonservice animals are prohibited
   39  from traveling through or remaining in indoor portions of
   40  specified premises. The signs must be posted at every entrance
   41  of a public food service establishment or place of business.
   42         2. The department shall develop and designate by rule a
   43  sign to notify employees of a public food service establishment
   44  or place of business of the applicable rules. The sign must be
   45  posted on the premises in a manner and place as determined by
   46  the department.
   47         (b) Create and maintain a website that provides public
   48  access to file a complaint regarding nonservice animals in
   49  public food service establishments or places of business.
   50         (4) Any person who misrepresents a nonservice animal as a
   51  service animal to a person or entity that operates a public food
   52  service establishment or place of business:
   53         (a) Upon a first offense, shall be issued a warning.
   54         (b) Upon a second offense, is subject to a fine of $100.
   55         (c) Upon a third or subsequent offense, commits a
   56  misdemeanor of the second degree, punishable as provided in s.
   57  775.082 or s. 775.083 and must perform 30 hours of community
   58  service for an organization that serves individuals with
   59  disabilities, or for another entity or organization at the
   60  discretion of the court, to be completed in not more than 6
   61  months.
   62         (5) This section does not:
   63         (a) Prohibit the use of a service animal by a guest of a
   64  public food service establishment or place of business.
   65         (b) Supersede any local ordinance or regulation passed by a
   66  county, municipality, or other local governmental authority.
   67         Section 2. This act shall take effect July 1, 2020.