The Florida Senate

413.08  Rights of physically disabled persons; use of dog guides or service dogs or nonhuman primates of the genus Cebus; discrimination in public employment or housing accommodations; penalties.--

(1)(a)  The deaf, hard of hearing, blind, visually handicapped, and otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, and other public conveyances or modes of transportation and at hotels, lodging places, places 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. This section does not require any person, firm, 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.

(b)  Every deaf or hard of hearing person, totally or partially blind person, person who is subject to epilepsy or other such seizure disorders, or physically disabled person has the right to be accompanied by a dog guide or service dog, specially trained for the purpose, in any of the places listed in paragraph (a) without being required to pay an extra charge for the dog guide or service dog; however, such a person is liable for any damage done to the premises or facilities by such a dog. The dog guide or service dog must be capable of being properly identified as being from a recognized school for seeing-eye dogs, hearing-ear dogs, service dogs, including, but not limited to, seizure-alert and seizure-response dogs, or guide dogs.

(c)  Every person with paraplegia or quadriplegia has the right to be accompanied by a nonhuman primate of the genus Cebus, specially trained for the purpose of providing personal care services, in any of the places listed in paragraph (a) without being required to pay an extra charge for the nonhuman primate; however, such a person is liable for any damage done to the premises or facilities by such nonhuman primate.

(2)  Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with admittance to, or enjoyment of, the public facilities enumerated in subsection (1) or otherwise interferes with the rights of a deaf person, a hard of hearing person, a totally or partially blind person, a person who is subject to epilepsy or other such seizure disorders, or an otherwise physically disabled person under this section, or the trainer of a dog guide or service dog while engaged in the training of such a dog pursuant to subsection (7), is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083

(3)  It is the policy of this state that the deaf, hard of hearing, blind, visually handicapped, and otherwise physically disabled shall be employed in the service of the state or political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds, and an employer may not refuse employment to the deaf, the hard of hearing, the blind, the visually handicapped, or the otherwise physically disabled on the basis of the disability alone, unless it is shown that the particular disability prevents the satisfactory performance of the work involved.

(4)  Deaf persons, hard of hearing persons, blind persons, visually handicapped persons, and otherwise physically disabled persons are entitled to rent, lease, or purchase, as other members of the general public, any housing accommodations offered for rent, lease, or other compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.

(a)  As used in this subsection, the term "housing accommodations" 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 human beings, but does not include any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.

(b)  This section does not require any person renting, leasing, or otherwise providing real property for compensation to modify her or his property in any way or provide a higher degree of care for a deaf person, hard of hearing person, blind person, visually handicapped person, or otherwise physically disabled person than for a person who is not so handicapped.

(c)  Each deaf person, hard of hearing person, totally or partially blind person, or otherwise physically disabled person who has a dog guide, or who obtains a dog guide, is entitled to full and equal access to all housing accommodations provided for in this section, and such a person shall not be required to pay extra compensation for the dog guide. However, such a person is liable for any damage done to the premises by such a dog guide.

(d)  Each person with paraplegia or quadriplegia who has or obtains a nonhuman primate of the genus Cebus, specially trained for the purpose of providing personal care services, is entitled to full and equal access to all housing accommodations provided for in this section, and she or he shall not be required to pay extra compensation for such a nonhuman primate. However, the person is liable for any damage done to the premises by such a nonhuman primate.

(5)  Any employer covered under subsection (3) who discriminates against the deaf, hard of hearing, blind, visually handicapped, or otherwise physically disabled in employment, unless it is shown that the particular disability prevents the satisfactory performance of the work involved, or any person, firm, or corporation, or the agent of any person, firm, or corporation, providing housing accommodations as provided in subsection (4) who discriminates against the deaf, hard of hearing, blind, visually handicapped, or otherwise physically disabled is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083

(6)(a)  As used in this section, the term "physically disabled person" means any person who has a physical impairment that substantially limits one or more major life activities.

(b)  As used in this section, the term "hard of hearing person" means an individual who has suffered a permanent hearing impairment that is severe enough to necessitate the use of amplification devices to discriminate speech sounds in verbal communication.

(7)  Any trainer of a dog guide or service dog, while engaged in the training of such a dog, 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 paragraph (1)(b) accompanied by dog guides or service dogs.

(8)  Any trainer of a nonhuman primate of the genus Cebus, while engaged in training such a nonhuman primate to provide personal care services to a person with paraplegia or quadriplegia, has the same rights and privileges with respect to access to public facilities and the same liability for damage as is provided for a person with paraplegia or quadriplegia who is accompanied by nonhuman primates of the genus Cebus. As used in this subsection, the term "trainer of a nonhuman primate of the genus Cebus" means a paid employee of a training organization, and does not include volunteers chosen to raise the animals.

History.--s. 1, ch. 25268, 1949; s. 1, ch. 61-217; s. 361, ch. 71-136; s. 1, ch. 71-276; s. 1, ch. 73-110; s. 1, ch. 74-286; s. 1, ch. 77-174; s. 19, ch. 77-259; s. 178, ch. 79-400; s. 1, ch. 82-111; s. 73, ch. 83-218; s. 60, ch. 85-81; s. 1, ch. 87-312; s. 1, ch. 89-317; s. 1, ch. 90-8; s. 1, ch. 91-94; s. 1, ch. 93-18; s. 57, ch. 97-103; s. 1, ch. 98-19; s. 3, ch. 2002-176.