R5U - Adopt Service Animal Regulations
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CITY CODE, ENTITLED “HUMAN RELATIONS,” BY AMENDING ARTICLE II, ENTITLED “DISCRIMINATION,” BY AMENDING DIVISION 3, ENTITLED “REGULATIONS,” BY CREATING SECTION 62-93 THEREOF, ENTITLED, “SERVICE ANIMALS,” BY ADOPTING REGULATIONS PERTAINING TO SERVICE ANIMALS; AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Sponsors
Detailed Information
Cached: 1 week agoOrdinances - R5 U
COMMISSION MEMORANDUM
11:00 a.m. First Reading Public Hearing
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed ordinance, sponsored by Commissioner Laura Dominguez, is submitted for consideration by the Mayor and City Commission.
Service animals perform critical work and tasks that enable individuals with disabilities to access accommodations open to the public and housing accommodations on an equal basis with others. In order to ensure equal access for all, Florida Statute § 413.08 establishes rights and responsibilities relating to the use of service animals by disabled persons, including protection against discrimination in public accommodations and housing accommodations, and provides for criminal penalties for any person, firm, or corporation who interferes with such rights. Moreover, Fla. Stat. § 413.08 also provides criminal penalties for any person who knowingly and willfully misrepresents himself or herself through conduct or verbal/written notice, by using a service animal and/or being qualified to use a service animal fraudulently.
The proposed Ordinance essentially mirrors these protections in order to ensure clarity, enforceability, and consistency within the City. The adoption of the proposed Ordinance will promote public awareness, prevent discrimination, and enhance accessibility for residents and visitors with disabilities requiring the use of a service animal. Additionally, the proposed Ordinance will safeguard businesses and housing providers against the misuse of service animal laws by unscrupulous individuals. Equally important, violations of the proposed Ordinance (unless accompanied by a State or County law violation) will be prosecuted by the City’s Municipal Prosecution Team.
FISCAL IMPACT STATEMENT
None at this time.
Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond Project?
No
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Laura Dominguez
Co-sponsor(s)
Condensed Title
11:00 a.m. 1st Rdg PH, Service Animals. (Dominguez) CA
Previous Action (For City Clerk Use Only)