FL Proposed Revision Bill

[ILGHAUS]

HB 1077: Service Animals

GENERAL BILL by Kriseman

Service Animals; Revises designation & duties of service animal; provides rights of individual with disability accompanied by service animal or person who trains service animals with regard to public or housing accommodations under certain conditions; provides penalty.

Location: Filed

Last Action: 12/19/2011 Filed

Effective Date: July 1, 2012

http://www.flsenate.gov/Session/Bill...Text/Filed/PDF
__________________________________________________ _____________

This proposed bill has this section included that I highly approve of ...

"169 (9) A person who knowingly and fraudulently represents
170 herself or himself, through her or his conduct or verbal or
171 written notice, as the owner or trainer of a service animal
172 commits a misdemeanor of the second degree, punishable as
173 provided in s. 775.082 or s. 775.083."

A person who knowingly and fraudulently ... This would make faking a SD in the State of Florida a second degree misdemeanor and as such a criminal offense.

[BlackPuppy]

Good!

[ILGHAUS]

Through ADAP (Assistance Dog Advocacy Project) we are putting together several points that we would like included.

Bold/Red are additions or changes that ADAP would like to have included.

1 A bill to be entitled
2 An act relating to service animals; amending s.
3 413.08, F.S.; revising and providing definitions;
4 revising designation and duties of a service animal;
5 providing rights of an individual with a disability
6 accompanied by a service animal or a person who trains
7 service animals, including a disabled owner, with regard to public or housing
8 accommodations under certain conditions; providing a
9 penalty; providing an effective date.

*****
26 (b) "Individual with a disability" means a person who is
27 deaf, hard of hearing, blind, visually impaired, or otherwise
28 physically disabled, or who has a sensory, psychiatric, intellectual,
or other mental disability.

*****
47 The tasks may include, but are not limited to, guiding a person
48 who is visually impaired, has low vision, or is blind, alerting
49 a person who is deaf or hard of hearing, pulling a wheelchair,
50 assisting with mobility or balance, alerting and protecting a
51 person who is having a seizure, retrieving objects, helping a
52 person with a psychiatric or neurological disability by
53 preventing or interrupting impulsive or destructive behaviors,
54 or performing other specialized special tasks. The crime deterrent
effects of an animal's presence and the provision of emotional support,
well-being, comfort, or companionship do not constitute work or tasks
for the purposes of this definition. A pet or support animal may be able to
discern that the individual is in distress, but it is what the animal is trained
to do in response to this awareness that distinguishes a service animal
from an observant pet or support animal. The work or tasks performed by the
service animal must be related directly to the individual's disability.

[ILGHAUS]

(Cont.)
As before Bold/Red additions or changes that ADAP would like to have included.
Bold/(....) Proposed via this bill that we would like stricken.

81 (c) An individual with a disability is liable for damage
82 caused by themselves or their (a)
service animal if it is the regular policy and
83 practice of the public accommodation to charge nondisabled
84 persons for damages (caused by their pets).
(d) Any trainer of a service animal is liable for damage caused by themselves
or their service animal in training if it is the regular policy and practice
of the public accommodation to charge nondisabled persons for damages.
85 (e) (..d..) The care or supervision of a service animal is the
86 responsibility of the caretaker of the animal: the individual owner or individual trainer or training organization.
A public accommodation
87 is not required to provide care or food or a special location
88 for the service animal or service animal in training or assistance with removing animal
89 excrement, unless required by any federal, state, or local agency; federal law; or federal regulation.

[ILGHAUS]

In appropriate areas we would also like the following added:


Any person who trains a service animal, including the owner,
while actively 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 a service animal.

*****

Private trainers of service animals and any school or training facility
for service animals must carry liability insurance for damage to
any property or injury to any persons while the animal is training
under their program.

*****

(11) A person who knowingly and fraudulently represents
herself or himself, through her or his conduct or verbal or
written notice, as an evaluator of a service animal
commits a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.

(12) A person who knowingly and fraudulently represents
herself or himself or their business, through her or his conduct
or verbal or written notice, as qualified to certify a service animal
commits a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.

[GermanShepherds6800]

I read it but did not see diabetes as a need for service dog the way that is written?

[ILGHAUS]

Originally Posted by GermanShepherds6800

I read it but did not see diabetes as a need for service dog the way that is written?

"26 (b) "Individual with a disability" means a person who is
27 deaf, hard of hearing, blind, visually impaired, or otherwise
28 physically disabled. ... "

" ... or otherwise physically disabled ... " would cover anyone legally disabled because of diabetes.

[GermanShepherds6800]

They spelled out all the others in such detail I would have thought that would have been listed as well since it is in the existing federal one.

[ILGHAUS]

After line #54 the additional has been added.

A pet or support animal may be able to discern that the individual is in distress,
but it is what the animal is trained to do in response to this awareness that
distinguishes a service animal from an observant pet or support animal. The work or tasks
performed by the service animal must be related directly to the individual's disability.



Also from the revised ADA.

[ILGHAUS]

I wanted to share the following with those interested in this bill ...

Representative Kriseman was advised by various organizations and interested parties on his proposed requirement of SDITs only being acknowledged if being trained through accredited schools. He in turn began sending out email responses that he was not aware before of the Federal stand on this topic and would be submitting an amendment to his bill.

I've seen several people's email responses from the Representative (all the same email but still updating) and they are being posted to share this info --

(Name of person),

Thank you for your email and taking the time to contact my office. My intention in filing this bill was to clarify Florida's current law as it relates to service animals and the rights of those who train service animals, and to create a penalty for those who are knowingly faking the need for or use of a service animal.

It was never my intention to create a conflict with Federal law, and as a result of concerns raised by you and others, I will be filing an amendment at the bill's first committee stop.

Thank you again for your concern and please feel free to contact my office again.

Sincerely,

Representative Rick Kriseman

District 53

St. Petersburg: 727-552-1380