[Nfbf-l] Great convention/service animal statute

Sherrill O'Brien Sherrill.obrien at verizon.net
Wed Jan 20 20:00:46 UTC 2016


Hello Joanne,

Although there were  some changes made to Florida's Statute 413.08 which went into effect this past July, the wording brought our law more in line with the ADA. There is no certification/documentation which can be required of the handler of a service animal, neither in the ADA nor the Florida Statute. I have pasted and attached our Florida law here. But the following is the specific section of interest to you:
(3) (b)(a) Documentation that the service animal is trained is  
not a precondition for providing service to an individual  
accompanied by a service animal. A public accommodation may not  
ask about the nature or extent of an individual's disability. To  
determine the difference between a service animal and a pet, a 
public accommodation may ask if an animal is a service animal  
required because of a disability and what work or what tasks the  
animal has been trained to perform in order to determine the  
difference between a service animal and a pet.  
 

A  major addition to the new Florida law is section 9, which deals with service animal fraud. It states that trying to pass your animal off as a service animal can result in a second degree misdemeanor charge, and the penalty for this includes  performing thirty hours of community service. The Florida Association of Guide Dog Users doubts that there will be many persons actually charged with this fraud. Nevertheless, we hope the fact that this is now a criminal act will serve as a deterrent for some. I hope this helps.
If you have any other questions about our law, please don't hesitate to ask.

Warm regards

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


413.08 Rights and responsibilities of an individual with a  
disability; use of a service animal; prohibited discrimination  
in public employment, public accommodations, and or housing  
accommodations; penalties.—  

 (1) As used in this section and s. 413.081, the term:  

 (a) "Housing accommodation" means any real property or  
portion thereof which is used or occupied, or intended,  
arranged, or designed to be used or occupied, as the home,  
residence, or sleeping place of one or more persons, but does  
not include any single-family residence, the occupants of which  
rent, lease, or furnish for compensation not more than one room  
therein.  

 (b) "Individual with a disability" means a person who has  
a physical or mental impairment that substantially limits one or  
more major life activities of the individual is deaf, hard of  
hearing, blind, visually impaired, or otherwise physically  
disabled. As used in this paragraph, the term:  

 1. "Major life activity" means a function such as caring  
for one's self, performing manual tasks, walking, seeing,  
hearing, speaking, breathing, learning, and working "Hard of  
hearing" means an individual who has suffered a permanent  
hearing impairment that is severe enough to necessitate the use  
of amplification devices to discriminate speech sounds in verbal  
communication.  

 2. "Physical or mental impairment" means:  

 a. A physiological disorder or condition, disfigurement,  
or anatomical loss that affects one or more bodily functions; or  

 b. A mental or psychological disorder that meets one of  
the diagnostic categories specified in the most recent edition  
of the Diagnostic and Statistical Manual of Mental Disorders  
published by the American Psychiatric Association, such as an  
intellectual or developmental disability, organic brain  
syndrome, traumatic brain injury, posttraumatic stress disorder,  
or an emotional or mental illness
"Physically disabled" means  
any person who has a physical impairment that substantially  
limits one or more major life activities.  

 (c) "Public accommodation" means a common carrier,  
airplane, motor vehicle, railroad train, motor bus, streetcar,  
boat, or other public conveyance or mode of transportation;  
hotel; a timeshare that is a transient public lodging  
establishment as defined in s. 509.013; lodging place; place of  
public accommodation, amusement, or resort; and other places to  
which the general public is invited, subject only to the  
conditions and limitations established by law and applicable  
alike to all persons. The term does not include air carriers  
covered by the Air Carrier Access Act of 1986, 49 U.S.C. s.  
41705, and by regulations adopted by the United States  
Department of Transportation to implement such act.  

 (d) "Service animal" means an animal that is trained to do  
work or perform tasks for an individual with a disability,  
including a physical, sensory, psychiatric, intellectual, or  
other mental disability. The work done or tasks performed must  
be directly related to the individual's disability and may  
include, but are not limited to, guiding an individual a person  
who is visually impaired or blind, alerting an individual a  
person who is deaf or hard of hearing, pulling a wheelchair,  
assisting with mobility or balance, alerting and protecting an  
individual a person who is having a seizure, retrieving objects,  
alerting an individual to the presence of allergens, providing  
physical support and assistance with balance and stability to an  

 
individual with a mobility disability, helping an individual  
with a psychiatric or neurological disability by preventing or  
interrupting impulsive or destructive behaviors, reminding an  
individual with mental illness to take prescribed medications,  
calming an individual with posttraumatic stress disorder during  
an anxiety attack, or doing other specific work or performing  
other special tasks. A service animal is not a pet. For purposes  
of subsections (2), (3), and (4), the term "service animal" is  
limited to a dog or miniature horse. The crime-deterrent effect  
of an animal's presence and the provision of emotional support,  
well-being, comfort, or companionship do not constitute work or  
tasks for purposes of this definition.  

 (2) An individual with a disability is entitled to full  
and equal accommodations, advantages, facilities, and privileges  
in all public accommodations. A public accommodation must modify  
its policies, practices, and procedures to permit use of a  
service animal by an individual with a disability. This section  
does not require any person, firm, business, or corporation, or  
any agent thereof, to modify or provide any vehicle, premises,  
facility, or service to a higher degree of accommodation than is 
required for a person not so disabled.  

 (3) An individual with a disability has the right to be  
accompanied by a service animal in all areas of a public  
accommodation that the public or customers are normally  
permitted to occupy.  

 
 (a) The service animal must be under the control of its  
handler and must have a harness, leash, or other tether, unless  
either the handler is unable because of a disability to use a  
harness, leash, or other tether, or the use of a harness, leash,  
or other tether would interfere with the service animal's safe,  
effective performance of work or tasks, in which case the  
service animal must be otherwise under the handler's control by  
means of voice control, signals, or other effective means.  

 (b)(a) Documentation that the service animal is trained is  
not a precondition for providing service to an individual  
accompanied by a service animal. A public accommodation may not  
ask about the nature or extent of an individual's disability. To  
determine the difference between a service animal and a pet, a 
public accommodation may ask if an animal is a service animal  
required because of a disability and what work or what tasks the  
animal has been trained to perform in order to determine the  
difference between a service animal and a pet.  

 (c)(b) A public accommodation may not impose a deposit or  
surcharge on an individual with a disability as a precondition  
to permitting a service animal to accompany the individual with  
a disability, even if a deposit is routinely required for pets.  

 (d)(c) An individual with a disability is liable for  
damage caused by a service animal if it is the regular policy  
and practice of the public accommodation to charge nondisabled  
persons for damages caused by their pets.  

 
(e)(d) The care or supervision of a service animal is the  
responsibility of the individual owner. A public accommodation  
is not required to provide care or food or a special location  
for the service animal or assistance with removing animal  
excrement.  

 (f)(e) A public accommodation may exclude or remove any  
animal from the premises, including a service animal, if the  
animal is out of control and the animal's handler does not take  
effective action to control it, the animal is not housebroken,  
or the animal's behavior poses a direct threat to the health and  
safety of others. Allergies and fear of animals are not valid  
reasons for denying access or refusing service to an individual  
with a service animal. If a service animal is excluded or  
removed for being a direct threat to others, the public  
accommodation must provide the individual with a disability the  
option of continuing access to the public accommodation without  
having the service animal on the premises.  

 (4) Any person, firm, or corporation, or the agent of any  
person, firm, or corporation, who denies or interferes with  
admittance to, or enjoyment of, a public accommodation or, with  
regard to a public accommodation, otherwise interferes with the  
rights of an individual with a disability or the trainer of a  
service animal while engaged in the training of such an animal  
pursuant to subsection (8), commits a misdemeanor of the second  
degree, punishable as provided in s. 775.082 or s. 775.083 and  
must perform 30 hours of community service for an organization  
that serves individuals with disabilities, or for another entity  
or organization at the discretion of the court, to be completed  
in not more than 6 months.  

 (5) It is the policy of this state that an individual with  
a disability be employed in the service of the state or  
political subdivisions of the state, in the public schools, and  
in all other employment supported in whole or in part by public  
funds, and an employer may not refuse employment to such a  
person on the basis of the disability alone, unless it is shown  
that the particular disability prevents the satisfactory  
performance of the work involved.  

 (6) An individual with a disability is entitled to rent,  
lease, or purchase, as other members of the general public, any  
housing accommodations offered for rent, lease, or other  
compensation in this state, subject to the conditions and  
limitations established by law and applicable alike to all  
persons.  

 (a) This section does not require any person renting,  
leasing, or otherwise providing real property for compensation  
to modify her or his property in any way or provide a higher  
degree of care for an individual with a disability than for a  
person who is not disabled.  

 (b) An individual with a disability who has a service  
animal or who obtains a service animal is entitled to full and  
equal access to all housing accommodations provided for in this  
section, and such a person may not be required to pay extra  
compensation for such the service animal. However, such a person  
is liable for any damage done to the premises or to another  
person on the premises by the such an animal. A housing  
accommodation may request proof of compliance with vaccination  
requirements.  

 (c) This subsection does not limit the rights or remedies  
of a housing accommodation or an individual with a disability  
that are granted by federal law or another law of this state  
with regard to other assistance animals.  

 (7) An employer covered under subsection (5) who  
discriminates against an individual with a disability in  
employment, unless it is shown that the particular disability  
prevents the satisfactory performance of the work involved, or  
any person, firm, or corporation, or the agent of any person,  
firm, or corporation, providing housing accommodations as  
provided in subsection (6) who discriminates against an  
individual with a disability, commits a misdemeanor of the 
second degree, punishable as provided in s. 775.082 or s.  
775.083.  

 (8) Any trainer of a service animal, while engaged in the  
training of such an animal, has the same rights and privileges  
with respect to access to public facilities and the same  
liability for damage as is provided for those persons described  
in subsection (3) accompanied by service animals.  

 (9) A person who knowingly and willfully misrepresents  
herself or himself, through conduct or verbal or written notice,  

as using a service animal and being qualified to use a service  
animal or as a trainer of a service animal commits a misdemeanor  
of the second degree, punishable as provided in s. 775.082 or s.  
775.083 and must perform 30 hours of community service for an  
organization that serves individuals with disabilities, or for  
another entity or organization at the discretion of the court,  
to be completed in not more than 6 months.  

 Section 2. This act shall take effect July 1, 2015.  

 

-----Original Message-----
From: Nfbf-l [mailto:nfbf-l-bounces at nfbnet.org] On Behalf Of Joanne King via Nfbf-l
Sent: January 20, 2016 1:10 PM
To: 'NFB of Florida Internet Mailing List'
Cc: Joanne King
Subject: Re: [Nfbf-l] Great convention

Is this true?  I just heard that according to the ADA act.  A guide dog
doesn't need certification when going into public places.  I was told that
the law changed in 2015.
Please respond.
Joanne

-----Original Message-----
From: Nfbf-l [mailto:nfbf-l-bounces at nfbnet.org] On Behalf Of Denise Valkema
via Nfbf-l
Sent: Monday, January 18, 2016 6:49 PM
To: National fed. Of Blind
Cc: Denise Valkema
Subject: [Nfbf-l] Great convention

Federationist,
Thank you to all who came, participated, and helped in any way making this a
memorable convention. Tampa hosted a great convention and we were glad to
have President Riccobono and Anil Lewis with us.
The board currently is:
Denise Valkema, President
Paul Martinez, 1st Vice President
Miranda Kilby, 2nd Vice President
Sylvia Young, secretary
Gloria Mills Hicks, treasurer
Lauren Blum, Board Member
Jorge Hernandez, Board Member
Tekesha Saffold, Board Member
Rafael Fernandez, Board Member

We appreciate Peter Cerullo, Lenora Marten, and Rashad Morgan serving on the
board.

Feel free to share what you enjoyed or learned here on the list.

Together with love, hope, and determination we will continue building the
federation in Florida.

Sincerely, Denise Valkema, President NFBF
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