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HomeMy WebLinkAboutOrdinance 2026-4801ORDINANCE NO. 2026-4801 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. WHEREAS, the City of Miami Beach ("City") is committed to ensuring equal opportunity, dignity, independence, and full participation for individuals with disabilities in public life, housing, and employment; and WHEREAS, 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; and WHEREAS, Florida Statute § 413.08 establishes rights and responsibilities relating to the use of service animals, 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; and WHEREAS, 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, as using a service animal and being qualified to use a service animal; and WHEREAS, the Mayor and City Commission find it necessary to adopt a local ordinance essentially mirroring these protections in order to ensure clarity, enforceability, and consistency within the City; and WHEREAS, adoption of this ordinance will promote public awareness, prevent discrimination, and enhance accessibility for residents and visitors with disabilities requiring the use of a service animal; and WHEREAS, adoption of this ordinance will also safeguard businesses and housing providers against misuse of service animal laws. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 62-93 of Article II of Chapter 62 of the Miami Beach City Code is hereby created as follows: CHAPTER 62 HUMAN RELATIONS ARTICLE II. DISCRIMINATION DIVISION 3 REGULATIONS Sec. 62-93 Service animals. (a) Definitions. Notwithstanding section 62-31 of the City Code, when used in this section, the following words, terms and phrases shall have the meanings ascribed to them in this section. Housinq 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. 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. As used in this paragraph, the term: Major life activity means a function such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Physical or mental impairment means: (1) A physiological disorder or condition, disfigurement, or anatomical loss that affects one or more bodilv functions: or (2) 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. Public accommodation means a common carrier, motor vehicle, 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 Fla. Stat. 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. 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 who is visually impaired or blind alerting an individual who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance alerting and protecting an individual 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. 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. Rights of persons with disabilities. M An individual with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in all public accommodations. 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. However, 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. A public accommodation must modify its policies, practices, and procedures to permit use of a service animal by an individual with a disability. However, 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. 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. 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 individual may not be required to Pay extra compensation for such animal. However, such an individual is liable for any damage done to the Premises or to another individual on the premises by the animal. A housing accommodation may request proof of compliance with vaccination requirements. This paragraph does not apply to an emotional support animal as defined in Fla. Stat. $ 760.27. u Responsibilities of handlers. M The service animal must be under the control of its handier 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. 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. Permitted Inquiries. 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 tasks the animal has been trained to perform. (e) Grounds for Exclusion. 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. Prohibited Discrimination. 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 (h) herein, shall be punished as provided in section 1-14 of the City Code 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. Any person, firm, or corporation, or the agent of any person, firm, or corporation, providing housing accommodations as provided in subsection (b)(5) who discriminates against an individual with a disability shall be punished as provided in section 1-14 of the City Code. Lq) Fraudulent Representation. 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 section 1-14 of the City Code 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. (h) Trainers of service animals. 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 disabled persons accompanied by service animals. Construction. This section shall be construed consistently with Florida Statute § 413.08, the Americans with Disabilities Act, and all other applicable laws. This section does not limit the rights or remedies of a housing accommodation or an individual with a disability that are granted by federal law or any law of this state with regard to other assistance animals. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re -lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the ATTEST: ;IV FEB 0 9 2026 Rafael E. Granado, City Clerk Underline denotes additions. day of re6 ru c� r , 202fo. Steven Meiner, Mayor (Sponsored by Commissioner Laura Dominguez) Co -Sponsored by Commissioner Tanya K. Bhatt Co -Sponsored by Commissioner Monica Matteo-Salinas APPROVED AS TO FORM & LANGUAGE R EXECUTION q�o fzo zs orney ` ,, All" Dote 5 Ordinances - R5 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: February 5, 2026 10:25 a.m. Second Reading Public Hearing TITLE: 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. 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. 972 of 2180 Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: 10/9/2025 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? No Is this item related to a G.O. Bond Proiect? 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) Commissioner Tanya K. Bhatt Commissioner Monica Matteo-Salinas Condensed Title 10:25 a.m. 2nd Rdg, Service Animals. (Dominguez/Bhatt/Matteo-Salinas) CA Previous Action (For City Clerk Use Only) Not reached on 12/17/2025 - R5 M 973 of 2180