Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. 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.

The new service animal definition will not become effective until sometime in 2011 — i.e., 6 months after the regulation is published in the Federal Register, which has not yet occurred.  The architectural standards do not take effect for 18 months.  Accordingly, the new service animal definition cannot be used.  In case anyone is wondering, the Department of Justice will be enforcing compliance with the current regulation until such time as the new regulation is effective.  In addition, animals that qualify as service animals under the current definition but will not qualify as service animals under the new definition, will nonetheless need to be accommodated because they are assistance animals.  This particular issue is addressed in the preambles to the new regulations for Titles II and III, which can be found under the “Relationship to Other Laws” sections in the beginning of the third full paragraphs here:

http://www.ada.gov/regs2010/titleII_2010/reg2_2010.html and http://www.ada.gov/regs2010/titleIII_2010/reg3_2010.html.

Here are links to fact sheets, though not every issue necessarily arises in the emergency management context:

http://www.ada.gov/regs2010/factsheets/title2_factsheet.html
http://www.ada.gov/regs2010/factsheets/title3_factsheet.html

Florida SART

Division of Animal Industry
407 South Calhoun St.
Tallahassee, Fl. 32399-0800
(850) 410-0920
E-mail: kightj@doacs.state.fl.us