[nagdu] Florida: Bill To Protect Those Who Need Service AnimalsFrom Getting Dogged

[Sherrill O'Brien]

Hello Donna,

With lots of newcomers to the list, I'm sure many have not seen Florida's
proposed bill, so I am attaching and pasting it in this email for those who
are interested.
The language of the bill is now like that of the ADA, which limits service
animals to dogs and miniature horses, so this is a good thing. ((read this
in part 1d.
The "tools" to which this article refers are not any sort of documentation.
Rather the tools are simply the rights of a business to exclude or remove a
service animal if it is out of control, not housebroken, or whose behavior
poses a direct threat. ((read this in part 3. This is the same language
found in the ADA. What is different here is the proposed criminal penalty
for service animal fraud. ((go to part 9.
If this bill passes, we really don't know how many offenders will ever be
found out and actually find themselves having to do community service. But
if this penalty has a deterrent effect, and gives businesses some peace of
mind, then simply having it on the books will be helpful for all concerned.

Warm regards

Sherrill O'Brien, President
Florida Association of Guide Dog Users (FLAGDU)

hb71 proposed service animal legislation 2015.pdf
A bill to be entitled 1 
An act relating to service animals; amending s. 2 413.08, F.S.; providing
and revising definitions; 3 requiring a public accommodation to permit use
of
a 4 service animal by an individual with a disability 5 under certain
circumstances; providing conditions for 6 a public accommodation to exclude
or remove
a service 7 animal; revising penalties for certain persons or 8 entities who
interfere with use of a service animal in 9 specified circumstances;
providing
a penalty for 10 knowing and willful misrepresentation with respect to 11
use or training of a service animal; providing an 12 effective date. 13 
14 
Be It Enacted by the Legislature of the State of Florida: 15 
16 
Section 1. Section 413.08, Florida Statutes, is amended to 17 read: 18 
413.08 Rights and responsibilities of an individual with a 19 disability;
use of a service animal; prohibited discrimination 20 in public employment,
public
accommodations, and or housing 21 accommodations; penalties.- 22 
(1) As used in this section and s. 413.081, the term: 23 
(a) "Housing accommodation" means any real property or 24 portion thereof
which is used or occupied, or intended, 25 arranged, or designed to be used
or
occupied, as the home, 26 
residence, or sleeping place of one or more persons, but does 27 not include
any single-family residence, the occupants of which 28 rent, lease, or
furnish
for compensation not more than one room 29 therein. 30 
(b) "Individual with a disability" means a person who has 31 a physical or
mental impairment that substantially limits one or 32 more major life
activities
of the individual is deaf, hard of 33 hearing, blind, visually impaired, or
otherwise physically 34 disabled. As used in this paragraph, the term: 35 
1. "Major life activity" means a function such as caring 36 for one's self,
performing manual tasks, walking, seeing, 37 hearing, speaking, breathing,
learning, and working "Hard of 38 hearing" means an individual who has
suffered a permanent 39 hearing impairment that is severe enough to
necessitate
the use 40 of amplification devices to discriminate speech sounds in verbal
41 communication. 42 
2. "Physical or mental impairment" means: 43 
a. A physiological disorder or condition, disfigurement, 44 or anatomical
loss that affects one or more bodily functions; or 45 
b. A mental or psychological disorder that meets one of 46 the diagnostic
categories specified in the most recent edition 47 of the Diagnostic and
Statistical
Manual of Mental Disorders 48 published by the American Psychiatric
Association, such as an 49 intellectual or developmental disability, organic
brain
50 syndrome, traumatic brain injury, posttraumatic stress disorder, 51 or an
emotional or mental illness "Physically disabled" means 52 
any person who has a physical impairment that substantially 53 limits one or
more major life activities. 54 
(c) "Public accommodation" means a common carrier, 55 airplane, motor
vehicle, railroad train, motor bus, streetcar, 56 boat, or other public
conveyance
or mode of transportation; 57 hotel; a timeshare that is a transient public
lodging 58 establishment as defined in s. 509.013; lodging place; place of
59 public accommodation, amusement, or resort; and other places to 60 which
the general public is invited, subject only to the 61 conditions and
limitations
established by law and applicable 62 alike to all persons. 63 
(d) "Service animal" means an animal that is trained to do 64 work or
perform tasks for an individual with a disability, 65 including a physical,
sensory,
psychiatric, intellectual, or 66 other mental disability. The work done or
tasks performed must 67 be directly related to the individual's disability
and
may 68 include, but are not limited to, guiding an individual a person 69
who is visually impaired or blind, alerting an individual a 70 person who is
deaf or hard of hearing, pulling a wheelchair, 71 assisting with mobility or
balance, alerting and protecting an 72 individual a person who is having a
seizure, retrieving objects, 73 alerting an individual to the presence of
allergens, providing 74 physical support and assistance with balance and
stability
to an 75 individual with a mobility disability, helping an individual 76
with a psychiatric or neurological disability by preventing or 77
interrupting
impulsive or destructive behaviors, reminding an 78 
individual with mental illness to take prescribed medications, 79 calming an
individual with posttraumatic stress disorder during 80 an anxiety attack,
or doing other specific work or performing 81 other special tasks. A service
animal is not a pet. For purposes 82 of subsections (2), (3), and (4), the
term "service animal" is 83 limited to a dog or miniature horse, except that
the term, as 84 applied to an air carrier covered by the Air Carrier Access
Act 85 of 1986, 49 U.S.C. s. 41705, shall be as provided in the act and 86
by regulations adopted by the United States Department of 87 Transportation
that implement the act. The crime-deterrent 88 effect of an animal's
presence and the provision of emotional 89 support, well-being, comfort, or
companionship
do not constitute 90 work or tasks for purposes of this definition. 91 
(2) An individual with a disability is entitled to full 92 and equal
accommodations, advantages, facilities, and privileges 93 in all public
accommodations.
A public accommodation must modify 94 its policies, practices, and
procedures to permit use of a 95 service animal by an individual with a
disability.
This section 96 does not require any person, firm, business, or corporation,
or 97 any agent thereof, to modify or provide any vehicle, premises, 98
facility,
or service to a higher degree of accommodation than is 99 required for a
person not so disabled. 100 
(3) An individual with a disability has the right to be 101 accompanied by a
service animal in all areas of a public 102 accommodation that the public
or customers are normally 103 permitted to occupy. 104 
(a) The service animal must be under the control of its 105 handler and must
have a harness, leash, or other tether, unless 106 either the handler is
unable
because of a disability to use a 107 harness, leash, or other tether, or the
use of a harness, leash, 108 or other tether would interfere with the
service
animal's safe, 109 effective performance of work or tasks, in which case the
110 service animal must be otherwise under the handler's control by 111
means
of voice control, signals, or other effective means. 112 
(b)(a) Documentation that the service animal is trained is 113 not a
precondition for providing service to an individual 114 accompanied by a
service animal.
A public accommodation may not 115 ask about the nature or extent of an
individual's disability. To 116 determine the difference between a service
animal
and a pet, a 117 public accommodation may ask if an animal is a service
animal 118 required because of a disability and what work or what tasks the
119
animal has been trained to perform in order to determine the 120 difference
between a service animal and a pet. 121 
(c)(b) A public accommodation may not impose a deposit or 122 surcharge on
an individual with a disability as a precondition 123 to permitting a
service
animal to accompany the individual with 124 a disability, even if a deposit
is routinely required for pets. 125 
(d)(c) An individual with a disability is liable for 126 damage caused by a
service animal if it is the regular policy 127 and practice of the public
accommodation
to charge nondisabled 128 persons for damages caused by their pets. 129 
(e)(d) The care or supervision of a service animal is the 130 responsibility
of the individual owner. A public accommodation 131 is not required to
provide
care or food or a special location 132 for the service animal or assistance
with removing animal 133 excrement. 134 
(f)(e) A public accommodation may exclude or remove any 135 animal from the
premises, including a service animal, if the 136 animal is out of control
and
the animal's handler does not take 137 effective action to control it, the
animal is not housebroken, 138 or the animal's behavior poses a direct
threat
to the health and 139 safety of others. Allergies and fear of animals are
not valid 140 reasons for denying access or refusing service to an
individual
141 with a service animal. If a service animal is excluded or 142 removed
for being a direct threat to others, the public 143 accommodation must
provide
the individual with a disability the 144 option of continuing access to the
public accommodation without 145 having the service animal on the premises.
146 
(4) Any person, firm, or corporation, or the agent of any 147 person, firm,
or corporation, who denies or interferes with 148 admittance to, or
enjoyment
of, a public accommodation or, with 149 regard to a public accommodation,
otherwise interferes with the 150 rights of an individual with a disability
or
the trainer of a 151 service animal while engaged in the training of such an
animal 152 pursuant to subsection (8), commits a misdemeanor of the second
153 degree, punishable as provided in s. 775.082 or s. 775.083 and 154 must
perform 30 hours of community service for an organization 155 
that serves individuals with disabilities, or for another entity 156 or
organization at the discretion of the court, to be completed 157 in not more
than
6 months. 158 
(5) It is the policy of this state that an individual with 159 a disability
be employed in the service of the state or 160 political subdivisions of the
state, in the public schools, and 161 in all other employment supported in
whole or in part by public 162 funds, and an employer may not refuse
employment
to such a 163 person on the basis of the disability alone, unless it is
shown 164 that the particular disability prevents the satisfactory 165
performance
of the work involved. 166 
(6) An individual with a disability is entitled to rent, 167 lease, or
purchase, as other members of the general public, any 168 housing
accommodations
offered for rent, lease, or other 169 compensation in this state, subject to
the conditions and 170 limitations established by law and applicable alike
to all 171 persons. 172 
(a) This section does not require any person renting, 173 leasing, or
otherwise providing real property for compensation 174 to modify her or his
property
in any way or provide a higher 175 degree of care for an individual with a
disability than for a 176 person who is not disabled. 177 
(b) An individual with a disability who has a service 178 animal or who
obtains a service animal is entitled to full and 179 equal access to all
housing
accommodations provided for in this 180 section, and such a person may not
be required to pay extra 181 
compensation for such the service animal. However, such a person 182 is
liable for any damage done to the premises or to another 183 person on the
premises
by the such an animal. A housing 184 accommodation may request proof of
compliance with vaccination 185 requirements. 186 
(c) This subsection does not limit the rights or remedies 187 of a housing
accommodation or an individual with a disability 188 that are granted by
federal
law or another law of this state 189 with regard to other assistance
animals. 190 
(7) An employer covered under subsection (5) who 191 discriminates against
an individual with a disability in 192 employment, unless it is shown that
the
particular disability 193 prevents the satisfactory performance of the work
involved, or 194 any person, firm, or corporation, or the agent of any
person,
195 firm, or corporation, providing housing accommodations as 196 provided
in subsection (6) who discriminates against an 197 individual with a
disability,
commits a misdemeanor of the 198 second degree, punishable as provided in s.
775.082 or s. 199 775.083. 200 
(8) Any trainer of a service animal, while engaged in the 201 training of
such an animal, has the same rights and privileges 202 with respect to
access
to public facilities and the same 203 liability for damage as is provided
for those persons described 204 in subsection (3) accompanied by service
animals.
205 
(9) A person who knowingly and willfully misrepresents 206 herself or
himself, through conduct or verbal or written notice, 207 
as using a service animal and being qualified to use a service 208 animal or
as a trainer of a service animal commits a misdemeanor 209 of the second
degree,
punishable as provided in s. 775.082 or s. 210 775.083 and must perform 30
hours of community service for an 211 organization that serves individuals
with
disabilities, or for 212 another entity or organization at the discretion of
the court, 213 to be completed in not more than 6 months. 214 
Section 2. This act shall take effect July 1, 2015. 215
-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Applebutter Hill
via nagdu
Sent: March 23, 2015 2:49 PM
To: 'Ginger Kutsch'; 'NAGDU Mailing List, the National Association of Guide
Dog Users'
Subject: Re: [nagdu] Florida: Bill To Protect Those Who Need Service
AnimalsFrom Getting Dogged

I wonder what this means?
"HB 71 will designate that service animals are to be dogs and miniature
horses, allow businesses the tools they need to have a clear understanding
of their rights and lastly will create a penalty for those who misrepresent
the need to use a service animal," Smith says.

Do the tools businesses need include IDs?
Donna

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Ginger Kutsch via
nagdu
Sent: Sunday, March 22, 2015 9:41 PM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Subject: [nagdu] Florida: Bill To Protect Those Who Need Service AnimalsFrom
Getting Dogged

Florida: Bill To Protect Those Who Need Service Animals From Getting Dogged

By Regan McCarthy . Mar 20, 2015

Source:
http://news.wfsu.org/post/bill-protect-those-who-need-service-animals-gettin
g-dogged



The sight of a dog lying under the table in an upscale restaurant might
result in a double take. Onlookers might scan the animal's human companion
for signs a disability. And it's when those disabilities aren't readily
apparent that trouble can sometimes arise. A bill moving through the Florida
House seeks to protect those with invisible disabilities.

Cesar Silva is a combat veteran who suffers from Post Traumatic Stress
Disorder along with physical disabilities that he says most people wouldn't
know about.



"People don't know that I have shrapnel in my back. My spine is messed up
and I have various invisible disabilities," Silva says.



Silva says that can lead to people questioning him about why his service
animal, a German Shepard named Sophia, is with him.



Silva says he's had trouble with people who harass him for having his
service animal in public spaces. He's been asked to leave class and work
because of his service animal. And he says when he's asked police officers
to step in, he's been told his best option is to pursue the matter civilly.
And Disability Rights Florida board member Heather Hawk says those are the
reasons her organization is supporting a measure that would help protect
those who need service animals.



"It's kind of scary when you go into a business and you're always wondering
you know, I don't look like a person with a disability. How much of a hassle
am I going to get today? Am I going to be forced to leave? So, it really
impacts our lives and it can be a struggle," Hawk says.



The bill is sponsored by Rep. Jimmie Smith (R-Inverness).



"HB 71 will designate that service animals are to be dogs and miniature
horses, allow businesses the tools they need to have a clear understanding
of their rights and lastly will create a penalty for those who misrepresent
the need to use a service animal," Smith says.



During a House State Affairs Committee Smith thanked Silva for both his
service and his willingness to share his story.



"This is a great day when you have veterans with PTSD who are willing to
come and get past that issue to let you know how this is important to them
and how this is going to affect their future. We often talk about helping
people - you've just been given an example, a wonderful example of what we
are going to do to help our veterans," Smith says.



Smith filed a similar bill last year requiring public accommodations to
permit the use of service animals, but the measure got pushback from groups
that raised concerns about people without disabilities claiming a pet is a
service animal. Smith says his bill seeks to combat that problem. Under the
measure anyone who falsely claims to be training or have a disability
requiring a service animal faces a second degree misdemeanor. That person
would also be required to spend 30 hours helping an organization that serves
people with disabilities.





Tags:





service animals,



Jimmie Smith









































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