Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. PCS (783680) for SB 1398
       
       
       
       
       
       
                                Ì259196QÎ259196                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/26/2017           .                                
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       The Committee on Appropriations (Stewart) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 553.5141, Florida Statutes, is created
    6  to read:
    7         553.5141Certifications of conformity and remediation
    8  plans.—
    9         (1) For purposes of this section:
   10         (a) “Commerce” means travel, trade, traffic, commerce,
   11  transportation, or communication:
   12         1. Among the several states;
   13         2. Between any foreign country or any territory or
   14  possession and any state; or
   15         3.Between points in the same state but through another
   16  state or foreign country.
   17         (b) “Department” means the Department of Business and
   18  Professional Regulation.
   19         (c)“Facility” means all or any portion of buildings,
   20  structures, sites, complexes, equipment, rolling stock or other
   21  conveyances, roads, walks, passageways, parking lots, or other
   22  real or personal property, including the site where the
   23  building, property, structure, or equipment is located.
   24         (d)“Qualified expert” means:
   25         1. An engineer licensed pursuant to chapter 471.
   26         2. A certified general contractor licensed pursuant to
   27  chapter 489.
   28         3. A certified building contractor licensed pursuant to
   29  chapter 489.
   30         4. A building code administrator licensed pursuant to
   31  chapter 468.
   32         5. A building inspector licensed pursuant to chapter 468.
   33         6. A plans examiner licensed pursuant to chapter 468.
   34         7. An interior designer licensed pursuant to chapter 481.
   35         8. An architect licensed pursuant to chapter 481.
   36         9. A landscape architect licensed pursuant to chapter 481.
   37         10. Any person who has had a remediation plan related to a
   38  claim under Title III of the Americans with Disabilities Act, 42
   39  U.S.C. s. 12182, accepted by a federal court in a settlement
   40  agreement or court proceeding, or who has been qualified as an
   41  expert in Title III of the Americans with Disabilities Act, 42
   42  U.S.C. s. 12182, by a federal court.
   43         (e)“Place of public accommodation” means a facility
   44  operated by a private entity whose operations affect commerce
   45  and is a private entity as described in 42 U.S.C. s. 12181(7).
   46         (f)“Private entity” means any nongovernmental entity, such
   47  as a corporation, partnership, company or nonprofit
   48  organization, any other legal entity, or any natural person.
   49         (g)“Registry” means the registry of certifications of
   50  competency and remediation plans filed by places of public
   51  accommodation and maintained by the department.
   52         (2)(a)An owner of a place of public accommodation who
   53  requests that the owner’s facility be inspected by a qualified
   54  expert may submit a certification of conformity with the
   55  department which indicates that such place of public
   56  accommodation conforms to Title III of the Americans with
   57  Disabilities Act; such certification of conformity shall be
   58  valid for 3 years after the date of issuance. Any certification
   59  of conformity filed with the department must include:
   60         1.The date that the place of public accommodation was
   61  inspected.
   62         2.The name of the qualified expert or any other person who
   63  inspected the place of public accommodation.
   64         3. Proof of qualification as an expert in accordance with
   65  paragraph (1)(d), including a license number or a sworn
   66  statement indicating the person has at least one order by a
   67  federal court accepting a remediation plan of the qualified
   68  expert in a settlement agreement or at least one order by a
   69  federal court accepting the qualified expert’s testimony related
   70  to Title III of the Americans with Disabilities Act, 42 U.S.C.
   71  s. 12182.
   72         4. A statement in writing by the qualified expert attesting
   73  that the information contained in the certification of
   74  conformity is complete and accurate.
   75         (b)An owner of a place of public accommodation who
   76  requests that the owner’s facility be inspected by a qualified
   77  expert may submit a remediation plan with the department that
   78  indicates that such place of public accommodation plans to
   79  conform to Title III of the Americans with Disabilities Act
   80  within a specified time period. Any remediation plan submitted
   81  to the department which indicates that a place of public
   82  accommodation does not conform to Title III of the Americans
   83  with Disabilities Act must include a remediation plan to remedy
   84  the deficiencies, which includes a reasonable amount of time,
   85  not to exceed 10 years, in which the plan must be completed. The
   86  plan must include:
   87         1.The date that the place of public of accommodation was
   88  inspected.
   89         2.The name of the qualified expert or any other person who
   90  inspected the place of public accommodation.
   91         3.Identification of specific remedial measures that the
   92  place of public accommodation will undertake.
   93         4.The anticipated date of initiation and completion for
   94  each remedial measure that the place of public accommodation has
   95  agreed to undertake.
   96         5. Proof of qualification as an expert in accordance with
   97  paragraph (1)(d), including a license number or a sworn
   98  statement indicating the qualified expert has at least one order
   99  by a federal court accepting a remediation plan prepared by the
  100  qualified expert in a settlement agreement or at least one order
  101  by a federal court accepting the qualified expert’s testimony
  102  related to Title III of the Americans with Disabilities Act, 42
  103  U.S.C. s. 12182.
  104         6. A statement in writing by the qualified expert attesting
  105  that the information contained in the remediation plan is
  106  complete and accurate.
  107         (3) An owner of a place of public accommodation may file a
  108  certification of conformity or a remediation plan with the
  109  department. Such filing serves as notice to the public that the
  110  place of public accommodation is in compliance with Title III of
  111  the Americans with Disabilities Act or that such place of public
  112  accommodation is making reasonable efforts to come into
  113  compliance with the act.
  114         (4)The department shall develop and maintain a website,
  115  accessible to the public, which provides an electronic registry
  116  of certifications of conformity and remediation plans.
  117         (5)In any action brought in this state alleging a
  118  violation of Title III of the Americans with Disabilities Act,
  119  42 U.S.C. s. 12182, the court shall consider any remediation
  120  plan or certification of conformity filed in accordance with
  121  this section by a place of public accommodation with the
  122  department before the filing of the plaintiff’s complaint when
  123  the court considers and determines whether the plaintiff’s
  124  complaint was filed in good faith and whether the plaintiff is
  125  entitled to attorney fees and costs.
  126         Section 2. For the 2017-2018 fiscal year, the sums of
  127  $5,000 in recurring funds and $155,000 in nonrecurring funds
  128  from the Professional Regulation Trust Fund are appropriated to
  129  the Department of Business and Professional Regulation for the
  130  purpose of implementing this act.
  131         Section 3. This act shall take effect July 1, 2017.
  132  
  133  ================= T I T L E  A M E N D M E N T ================
  134  And the title is amended as follows:
  135         Delete everything before the enacting clause
  136  and insert:
  137                        A bill to be entitled                      
  138         An act relating to the accessibility of places of
  139         public accommodation; creating s. 553.5141, F.S.;
  140         providing definitions; authorizing qualified experts
  141         to advise and provide certain inspections for places
  142         of public accommodation relating to the Americans with
  143         Disabilities Act; authorizing an owner of a place of
  144         public accommodation to request that his or her
  145         facility be inspected for specified purposes;
  146         authorizing an owner of a place of public
  147         accommodation to file a certification of conformity or
  148         remediation plan with the Department of Business and
  149         Professional Regulation; requiring a court to consider
  150         certain information in specified actions; requiring
  151         the department to develop and maintain a website for
  152         specified purposes; providing an appropriation;
  153         providing an effective date.