House Bill 2367

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    Florida House of Representatives - 2000                HB 2367

        By Representative Roberts






  1                      A bill to be entitled

  2         An act relating to discrimination in the

  3         treatment of persons; amending s. 16.57, F.S.;

  4         providing for the Attorney General to

  5         investigate violations of rights secured by

  6         state law; amending s. 760.02, F.S.; defining

  7         the terms "place of public accommodation" and

  8         "undue burden" for purposes of the Florida

  9         Civil Rights Act of 1992; creating s. 760.101,

10         F.S.; prohibiting a place of public

11         accommodation from discriminating against an

12         individual or class of individuals on the basis

13         of a disability; specifying landlord and tenant

14         responsibilities with respect to such

15         prohibition; defining the term "individual or

16         class of individuals"; creating s. 760.102,

17         F.S.; requiring that goods and other services

18         be provided to an individual with a disability

19         in an integrated setting; creating s. 760.103,

20         F.S.; prohibiting the exclusion or denial of

21         goods and other services based on certain

22         relationships with an individual with a

23         disability; creating s. 760.104, F.S.;

24         providing certain exceptions if an individual

25         poses a direct threat to health or safety;

26         providing requirements for making such

27         determination; amending s. 760.11, F.S.;

28         providing for filing a complaint against a

29         place of public accommodation with the Florida

30         Commission on Human Relations; prohibiting

31         discrimination against an individual who

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  1         participates in an investigation or proceeding

  2         under part I of ch. 760, F.S.; amending s.

  3         760.34, F.S.; authorizing the Attorney General

  4         to intervene in certain civil actions to

  5         enforce compliance with part I of ch. 760,

  6         F.S.; authorizing the Attorney General to

  7         commence a civil action to obtain damages or

  8         other relief for a violation of rights secured

  9         by the State Constitution or state law;

10         providing for a civil penalty; providing for

11         attorney's fees and costs; amending s. 760.51,

12         F.S.; authorizing the Attorney General to bring

13         a civil or administrative action for certain

14         violations of rights which involve coercion,

15         intimidation, or threats; amending s. 760.60,

16         F.S., relating to a prohibition against

17         discriminatory practices by certain clubs;

18         providing requirements for conciliation

19         meetings and agreements; authorizing the

20         Attorney General to conduct investigations and

21         issue subpoenas; providing for enforcement of

22         subpoenas; extending the period for the Florida

23         Commission on Human Relations or the Attorney

24         General to take certain actions with respect to

25         resolving a complaint; authorizing the court to

26         issue certain orders following a finding that a

27         discriminatory practice has occurred at a club;

28         providing for attorney's fees and costs;

29         providing for certain administrative

30         proceedings; providing for a final order of the

31         commission to be appealed to the district

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  1         court; amending s. 760.80, F.S.; including an

  2         individual with a disability within the

  3         definition of the term "minority person" for

  4         purposes of provisions requiring that

  5         minorities be represented on boards,

  6         commissions, councils, and committees; amending

  7         s. 413.08, F.S.; providing for the rights of

  8         individuals with disabilities who use service

  9         animals; deleting certain exceptions to

10         requirements that such individuals be afforded

11         full and equal accommodation; deleting a

12         requirement that a dog guide or service dog be

13         identified as being from a recognized school;

14         deleting provisions that exempt certain rental

15         property from modification for purposes of

16         accommodating individuals with disabilities;

17         deleting provisions that exempt an employer

18         under certain circumstances from penalties for

19         discriminating against an individual with a

20         disability with respect to employment;

21         providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Section 16.57, Florida Statutes, is amended

26  to read:

27         16.57  Office of Civil Rights.--There is created in the

28  Department of Legal Affairs an Office of Civil Rights.  The

29  office may investigate and initiate actions authorized by s.

30  760.51.  In investigating violations of constitutional rights

31  or rights secured by the laws of this state under s. 760.51,

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  1  the Attorney General may administer oaths and affirmations,

  2  subpoena witnesses or matter, and collect evidence.

  3         Section 2.  Subsections (11) and (12) are added to

  4  section 760.02, Florida Statutes, to read:

  5         760.02  Definitions.--For the purposes of ss.

  6  760.01-760.11 and 509.092, the term:

  7         (11)  "Place of public accommodation" means a facility

  8  that is operated by a private entity whose operations affect

  9  commerce and fall within at least one of the following

10  categories:

11         (a)  An inn, hotel, motel, or other place of lodging.

12  The term does not include an establishment located within a

13  building that contains five or fewer rooms for rent or hire

14  and that is occupied by the proprietor of the establishment as

15  his or her residence.

16         (b)  A restaurant, bar, or other establishment that

17  serves food or drink.

18         (c)  A motion picture house, theater, concert hall,

19  stadium, or other place of exhibition or entertainment.

20         (d)  An auditorium, convention center, lecture hall, or

21  other place of public gathering.

22         (e)  A bakery, grocery store, clothing store, hardware

23  store, shopping center, or other sales or rental

24  establishment.

25         (f)  A laundromat, drycleaner, bank, barber shop,

26  beauty shop, travel service, shoe repair service, funeral

27  parlor, gas station, office of an accountant or lawyer,

28  pharmacy, insurance office, professional office of a health

29  care provider, hospital, or other service establishment.

30         (g)  A terminal, depot, or other station used for

31  public transportation.

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  1         (h)  A museum, library, gallery, or other place of

  2  public display or collection.

  3         (i)  A park, zoo, amusement park, or other place of

  4  recreation.

  5         (j)  A nursery school, elementary school, secondary

  6  school, undergraduate school, postgraduate private school, or

  7  other place of education.

  8         (k)  A day care center, senior citizen center, homeless

  9  shelter, food bank, adoption agency, or other social service

10  establishment.

11         (l)  A gymnasium, health spa, bowling alley, golf

12  course, or other place of exercise or recreation.

13         (12)  "Undue burden" means a significant difficulty or

14  expense. In determining whether an action would result in an

15  undue burden, the factors to be considered include:

16         (a)  The nature and cost of the action needed under

17  this part to eliminate the discriminatory practice;

18         (b)  The overall financial resources of the site

19  involved in the discriminatory practice; the number of persons

20  employed at the site; the effect on the expenses and resources

21  of the owner of the site; legitimate safety requirements that

22  are necessary for the safe operation of the site, including

23  crime-prevention measures; and any other impact of the

24  discriminatory practice on the operation of the site;

25         (c)  The geographic separateness of the site involved

26  in the discriminatory practice and its administrative or

27  fiscal relationship to any parent corporation or entity;

28         (d)  If applicable, the overall financial resources of

29  any parent corporation or entity; the overall size of the

30  parent corporation or entity with respect to the number of its

31

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  1  employees; and the number, type, and location of its

  2  facilities; and

  3         (e)  If applicable, the type of operation of any parent

  4  corporation or entity, including the composition, structure,

  5  and functions of the workforce of the parent corporation or

  6  entity.

  7         Section 3.  Section 760.101, Florida Statutes, is

  8  created to read:

  9         760.101  Unlawful practices by places of public

10  accommodation.--

11         (1)  GENERAL PROVISIONS.--An individual may not be

12  discriminated against on the basis of a disability in the full

13  and equal enjoyment of the goods, services, facilities,

14  privileges, advantages, or accommodations of any place of

15  public accommodation by any private entity who owns, rents,

16  leases, lets, or operates a place of public accommodation.

17         (2)  LANDLORD AND TENANT RESPONSIBILITIES.--The

18  landlord who owns the building that houses a place of public

19  accommodation and the tenant who rents, leases, or operates a

20  place of public accommodation are subject to the requirements

21  of this part. As between the parties, allocation of

22  responsibility for complying with the obligations of this part

23  may be determined by lease or other contract.

24         (3)  SPECIFIC REQUIREMENTS.--

25         (a)  A public accommodation may not deny an individual

26  or class of individuals, on the basis of a disability of such

27  individual or class, directly or through contractual,

28  licensing, or other arrangements, the opportunity to

29  participate in or benefit from the goods, services,

30  facilities, privileges, advantages, or accommodations of a

31  place of public accommodation.

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  1         (b)  A public accommodation may not afford an

  2  individual or class of individuals, on the basis of a

  3  disability of such individual or class, directly or through

  4  contractual, licensing, or other arrangements, the opportunity

  5  to participate in or benefit from a good, service, facility,

  6  privilege, advantage, or accommodation that is unequal to that

  7  afforded to other individuals.

  8         (c)  A public accommodation may not provide an

  9  individual or class of individuals, on the basis of a

10  disability of such individual or class, directly or through

11  contractual, licensing, or other arrangements, with a good,

12  service, facility, privilege, advantage, or accommodation that

13  is different or separate from that provided to other

14  individuals, unless such action is necessary to provide the

15  individual or class of individuals with a good, service,

16  facility, privilege, advantage, or accommodation, or other

17  opportunity that is as effective as that provided to others.

18         (d)  A public accommodation may not, directly or

19  through contractual or other arrangements, use standards,

20  criteria, or methods of administration which have the effect

21  of discriminating on the basis of disability or perpetuate the

22  discrimination of others who are subject to common

23  administrative control.

24         (3)  DEFINITION.--As used in subsection (2), the term

25  "individual or class of individuals" means the clients or

26  customers of a public accommodation.

27         Section 4.  Section 760.102, Florida Statutes, is

28  created to read:

29         760.102  Integrated settings required for individuals

30  with disabilities.--A public accommodation shall afford goods,

31  services, facilities, privileges, advantages, and

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  1  accommodations to an individual with a disability in the most

  2  integrated setting appropriate to the needs of the individual.

  3  Notwithstanding the existence of separate or different

  4  programs or activities provided in accordance with this part,

  5  a public accommodation may not deny an individual with a

  6  disability an opportunity to participate in programs or

  7  activities that are not separate or different.

  8         Section 5.  Section 760.103, Florida Statutes, is

  9  created to read:

10         760.103  Discrimination based on association

11  prohibited.--A public accommodation may not exclude or

12  otherwise deny equal goods, services, facilities, privileges,

13  advantages, accommodations, and other opportunities to an

14  individual or entity because of the known disability of an

15  individual with whom the individual or entity is known to have

16  a relationship or association.

17         Section 6.  Section 760.104, Florida Statutes is

18  created to read:

19         760.104  Exception for an individual that poses a

20  direct threat to health or safety.--

21         (1)  This part does not require a public accommodation

22  to permit an individual to participate in or benefit from the

23  goods, services, facilities, privileges, advantages, or

24  accommodations of that public accommodation when the

25  individual poses a direct threat to the health or safety of

26  others.

27         (2)  As used in this section, the term "direct threat"

28  means a significant risk to the health or safety of others

29  which cannot be eliminated by modifying policies, practices,

30  or procedures or by providing auxiliary aids or services.

31

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  1         (3)  In determining whether an individual poses a

  2  direct threat to the health or safety of others, a public

  3  accommodation must make an individualized assessment, based on

  4  reasonable judgment, which relies on current medical knowledge

  5  or the best available objective evidence, to ascertain:

  6         (a)  The nature, duration, and severity of the risk;

  7         (b)  The probability that the potential injury will

  8  actually occur; and

  9         (c)  Whether reasonable modifications of policies,

10  practices, or procedures will mitigate the risk.

11         Section 7.  Subsection (1) of section 760.11, Florida

12  Statutes, is amended, and subsection (16) is added to that

13  section, to read:

14         760.11  Administrative and civil remedies;

15  construction.--

16         (1)  Any person aggrieved by a violation of this part

17  ss. 760.01-760.10 may file a complaint with the commission

18  within 365 days after of the alleged violation, naming the

19  employer, employment agency, labor organization, place of

20  public accommodation, or joint labor-management committee, or,

21  in the case of an alleged violation of s. 760.10(5), the

22  person responsible for the violation and describing the

23  violation.  Any person aggrieved by a violation of s. 509.092

24  may file a complaint with the commission within 365 days after

25  of the alleged violation naming the person responsible for the

26  violation and describing the violation.  The commission, a

27  commissioner, or the Attorney General may in like manner file

28  such a complaint.  On the same day the complaint is filed with

29  the commission, the commission shall clearly stamp on the face

30  of the complaint the date the complaint was filed with the

31  commission.  The complaint shall contain a short and plain

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  1  statement of the facts describing the violation and the relief

  2  sought.  The commission may require additional information to

  3  be in the complaint.  The commission, within 5 days after of

  4  the complaint being filed, shall by registered mail send a

  5  copy of the complaint to the person who allegedly committed

  6  the violation.  The person who allegedly committed the

  7  violation may file an answer to the complaint within 25 days

  8  after of the date the complaint was filed with the commission.

  9  Any answer filed shall be mailed to the aggrieved person by

10  the person filing the answer.  Both the complaint and the

11  answer must shall be verified.

12         (16)(a)  A private or public entity may not

13  discriminate against any individual because that individual

14  has opposed any act or practice made unlawful by this part, or

15  because that individual made a charge, testified, assisted, or

16  participated in any manner in an investigation, proceeding, or

17  hearing under this part.

18         (b)  A private or public entity may not coerce,

19  intimidate, threaten, or interfere with any individual in the

20  exercise or enjoyment of, or on account of his or her having

21  exercised or enjoyed, or on account of his or her having aided

22  or encouraged any other individual in the exercise or

23  enjoyment of, any right granted or protected by this part.

24         Section 8.  Subsections (9) and (10) are added to

25  section 760.34, Florida Statutes, to read:

26         760.34  Enforcement.--

27         (9)  Upon timely application, the Attorney General may

28  intervene in a civil action by a private person, the

29  commission, or any local agency to enforce compliance with

30  this part if the Attorney General certifies that the case is

31  of general public importance. Upon such intervention the

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  1  Attorney General may obtain any relief that is available to

  2  the Attorney General under subsection (10) in a civil action

  3  to which that subsection applies.

  4         (10)  If the Attorney General has reasonable cause to

  5  believe that any person or group of persons is engaged in a

  6  pattern or practice of resistance to the full enjoyment of any

  7  of the rights secured by the State Constitution or the laws of

  8  this state, that any person or group of persons has been

  9  denied any of the rights secured by the State Constitution or

10  the laws of this state, or any person or group of persons has

11  otherwise attempted to interfere with those rights and such

12  denial or attempted interference raises an issue of general

13  public importance, the Attorney General may investigate such

14  violations of rights by administering oaths and affirmations,

15  subpoenaing witnesses or matter, and collecting evidence. The

16  Attorney General may commence a civil action in any

17  appropriate state or federal court. In a civil action brought

18  by the Attorney General, the court may award damages or

19  injunctive or other appropriate relief for violations of the

20  rights secured by the State Constitution or the laws of this

21  state and may impose a civil penalty of not more than $10,000

22  for each violation. The Attorney General is entitled to

23  reasonable attorney's fees and costs if the Department of

24  Legal Affairs prevails in an action brought under this

25  subsection.

26         Section 9.  Subsection (1) of section 760.51, Florida

27  Statutes, is amended to read:

28         760.51  Violations of constitutional rights, civil

29  action by the Attorney General; civil penalty.--

30         (1)  Whenever any person, whether or not acting under

31  color of law, coerces, intimidates, threatens, or interferes

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  1  in any manner with by threats, intimidation, or coercion, or

  2  attempts to coerce, intimidate, threaten, or interfere in any

  3  manner by threats, intimidation, or coercion, with the

  4  exercise or enjoyment by any other person of rights secured by

  5  the State Constitution or laws of this state, the Attorney

  6  General may bring a civil or administrative action for

  7  damages, and for injunctive or other appropriate relief for

  8  violations of the rights secured.  Any damages recovered under

  9  this section shall accrue to the injured person.  The civil

10  action shall be brought in the name of the state and may be

11  brought on behalf of the injured person. The Attorney General

12  is entitled to an award of reasonable attorney's fees and

13  costs if the Department of Legal Affairs prevails in an action

14  brought under this section.

15         Section 10.  Section 760.60, Florida Statutes, is

16  amended to read:

17         760.60  Discriminatory practices of certain clubs

18  prohibited; remedies.--

19         (1)  It is unlawful for a person to discriminate

20  against any individual because of race, color, religion,

21  gender, national origin, handicap, age above the age of 21, or

22  marital status in evaluating an application for membership in

23  a club that has more than 400 members, that provides regular

24  meal service, and that regularly receives payment for dues,

25  fees, use of space, facilities, services, meals, or beverages

26  directly or indirectly from nonmembers for business purposes.

27  It is unlawful for a person, on behalf of such a club, to

28  publish, circulate, issue, display, post, or mail any

29  advertisement, notice, or solicitation that contains a

30  statement to the effect that the accommodations, advantages,

31  facilities, membership, or privileges of the club are denied

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  1  to any individual because of race, color, religion, gender,

  2  national origin, handicap, age above the age of 21, or marital

  3  status.  This subsection does not apply to fraternal or

  4  benevolent organizations, ethnic clubs, or religious

  5  organizations where business activity is not prevalent.

  6         (2)  A person who has been discriminated against in

  7  violation of this act may file a complaint with the Commission

  8  on Human Relations or with the Attorney General's Office of

  9  Civil Rights.  A complaint must be in writing and must contain

10  such information and be in such form as the commission

11  requires.  Within 15 days after Upon receipt of a complaint,

12  the commission or the Attorney General shall provide a copy to

13  the person who represents the club.  Within 30 days after

14  receiving a complaint, the commission or the Attorney General

15  shall commence an investigation of investigate the alleged

16  discrimination and give notice in writing to the person who

17  filed the complaint if it intends to resolve the complaint.

18  If the commission or the Attorney General decides to resolve

19  the complaint, it shall attempt to eliminate or correct the

20  alleged discriminatory practices of a club by informal methods

21  of conference, conciliation, and persuasion. Insofar as

22  possible, a conciliation meeting shall be held in the

23  municipality or other locality where the discriminatory

24  practice occurred. Any thing said or done in the course of

25  such informal endeavors may not be made public or used as

26  evidence in a subsequent proceeding without the written

27  consent of the persons concerned.

28         (3)(a)  In conducting an investigation under this

29  section, the commission or the Attorney General may have

30  access at all reasonable times to premises, records,

31  documents, individuals, and other evidence or possible sources

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  1  of evidence and may examine, record, and copy such materials

  2  and take and record the testimony or statements of any person

  3  necessary to further the investigation if the commission

  4  complies with the provisions of the State Constitution

  5  relating to unreasonable searches and seizures. The commission

  6  or the Attorney General may issue subpoenas to compel its

  7  access to, the production of materials, or the appearance of

  8  persons, and may issue interrogatories to a respondent to the

  9  same extent and subject to the same limitations that apply if

10  the subpoenas or interrogatories were issued or served in aid

11  of a civil action. The commission or the Attorney General may

12  administer oaths.

13         (b)  Within 5 days after service of a subpoena upon any

14  person, such person may petition the commission or an

15  appropriate court of law to revoke or modify the subpoena. The

16  commission or the circuit court shall grant the petition if it

17  finds that the subpoena requires appearance or attendance at

18  an unreasonable time or place, that it requires production of

19  evidence that does not relate to any matter under

20  investigation, that it does not describe with sufficient

21  particularity the evidence to be produced, or that compliance

22  would be unduly onerous or for other good reason.

23         (c)  In case of refusal to obey a subpoena, the

24  commission or the Attorney General may petition for its

25  enforcement in the circuit court for the county in which the

26  person to whom the subpoena was addressed resides, was served,

27  or transacts business.

28         (d)  Witnesses summoned by subpoena of the commission

29  or the Attorney General are entitled to the same witness and

30  mileage fees as are witnesses in proceedings in court.

31

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  1         (4)  Any agreement that arises out of conciliation

  2  efforts by the commission or the Attorney General must be

  3  agreed to by the respondent and the complainant and is subject

  4  to the approval of the commission or the Attorney General.

  5  Notwithstanding s. 760.11(11) and (12), each conciliation

  6  agreement that arises out of a complaint filed under this

  7  section shall be made public unless the complainant and the

  8  respondent otherwise agree and the commission or the Attorney

  9  General determine that disclosure is not required to further

10  the purpose of this section.

11         (5)(3)  If the commission or the Attorney General

12  fails, within 180 30 days after receiving a complaint filed

13  pursuant to subsection (2), to give notice of its intent to

14  eliminate or correct the alleged discriminatory practices of a

15  club, or if the commission or the Attorney General fails to

16  resolve the complaint within 180 30 days after giving such

17  notice, the person or the Attorney General on behalf of the

18  person filing the complaint may commence a civil action in a

19  court against the club, its officers, or its members to

20  enforce this section.  If the court finds that a

21  discriminatory practice occurs at the club, the court shall

22  issue an order prohibiting the practice and providing

23  affirmative relief from the effects of the practice, including

24  injunctive and other equitable relief, actual and punitive

25  damages, and reasonable attorney's fees and costs may enjoin

26  the club, its officers, or its members from engaging in such

27  practice or may order other appropriate action.

28         (6)(a)  If the commission is unable to obtain voluntary

29  compliance with subsection (3) or has reasonable cause to

30  believe that a discriminatory practice has occurred:

31

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  1         1.  The commission may institute an administrative

  2  proceeding under chapter 120; or

  3         2.  The person aggrieved may request administrative

  4  relief under chapter 120 within 30 days after receiving notice

  5  that the commission has concluded its investigation under this

  6  section.

  7         (b)  Administrative hearings shall be conducted

  8  pursuant to ss. 120.569 and 120.57(1). The respondent must be

  9  served written notice by certified mail. If the administrative

10  law judge finds that a discriminatory practice has occurred or

11  is about to occur, he or she shall issue a recommended order

12  to the commission prohibiting the practice and recommending

13  affirmative relief from the effects of the practice, including

14  quantifiable damages and reasonable attorney's fees and costs.

15  The commission may adopt, reject, or modify a recommended

16  order only as provided under s. 120.57(1). Judgment for the

17  amount of damages and costs assessed pursuant to a final order

18  by the commission may be entered in any court having

19  jurisdiction thereof and may be enforced as any other

20  judgment.

21         (c)  The district court of appeal may, upon the filing

22  of appropriate notices of appeal, review a final order of the

23  commission under s. 120.68. Costs or fees may not be assessed

24  against the commission in any appeal from a final order issued

25  by the commission under this subsection. Unless specifically

26  ordered by the court, the commencement of an appeal does not

27  suspend or stay an order of the commission.

28         (d)  This section does not prevent any other legal or

29  administrative action provided by law.

30

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  1         Section 11.  Paragraph (f) is added to subsection (2)

  2  of section 760.80, Florida Statutes, and subsection (3) of

  3  that section is reenacted, to read:

  4         760.80  Minority representation on boards, commissions,

  5  councils, and committees.--

  6         (2)  As used in this section, "minority person" means:

  7         (f)  An individual with a disability; that is, an

  8  individual with a physical or mental impairment, an individual

  9  regarded as having such an impairment, or an individual with a

10  record of having such an impairment.

11         (3)  In appointing members to any statutorily created

12  decisionmaking or regulatory board, commission, council, or

13  committee of the state, the appointing authority should

14  select, from among the best-qualified persons, those persons

15  whose appointment would ensure that the membership of the

16  board, commission, council, or committee accurately reflects

17  the proportion that each group of minority persons specified

18  in subsection (2) represents in the population of the state as

19  a whole or, in the case of a local board, commission, council,

20  or committee, in the population of the area represented by the

21  board, commission, council, or committee, as determined

22  pursuant to the most recent federal decennial census, unless

23  the law regulating such appointment requires otherwise, or

24  persons of the underrepresented minority group cannot be

25  recruited. When appointing members to a statutorily created

26  decisionmaking or regulatory board, commission, council, or

27  committee which was created to address a specific issue

28  relating to minority persons, the appointing authority should

29  give weight to the minority group that the board, commission,

30  council, or committee was created to serve. If the size of the

31  board, commission, council, or committee precludes an accurate

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  1  representation of all minority groups, appointments should be

  2  made which conform to the requirements of this section insofar

  3  as possible. If there are multiple appointing authorities for

  4  the board, commission, council, or committee, they shall

  5  consult with each other to ensure compliance with this

  6  section.

  7         Section 12.  Section 413.08, Florida Statutes, is

  8  amended to read:

  9         413.08  Rights of individuals with disabilities who use

10  service animals physically disabled persons; use of dog guides

11  or service dogs or nonhuman primates of the genus Cebus;

12  discrimination in public employment or housing accommodations;

13  penalties.--

14         (1)(a)  Individuals with disabilities The deaf, hard of

15  hearing, blind, visually handicapped, and otherwise physically

16  disabled are entitled to full and equal accommodations,

17  advantages, facilities, and privileges on all common carriers,

18  airplanes, motor vehicles, railroad trains, motor buses,

19  streetcars, boats, and other public conveyances or modes of

20  transportation and at hotels, lodging places, places of public

21  accommodation, amusement, or resort, and other places to which

22  the general public is invited, subject only to the conditions

23  and limitations established by law and applicable alike to all

24  persons.  Nothing in this section shall require any person,

25  firm, or corporation, or any agent thereof, to modify or

26  provide any vehicle, premises, facility, or service to a

27  higher degree of accommodation than is required for a person

28  not so disabled.

29         (b)  Every individual with a disability has deaf or

30  hard of hearing person, totally or partially blind person, or

31  physically disabled person shall have the right to be

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  1  accompanied by a dog guide or service dog, specially trained

  2  for the purpose, in any of the places listed in paragraph (a)

  3  without being required to pay an extra charge for the dog

  4  guide or service dog; however, such person is shall be liable

  5  for any damage done to the premises or facilities by such dog.

  6  The dog guide or service dog must be capable of being properly

  7  identified as being from a recognized school for seeing-eye,

  8  hearing-ear, service, or guide dogs.

  9         (c)  Every person with a disability has paraplegia or

10  quadriplegia shall have the right to be accompanied by a

11  nonhuman primate of the genus Cebus, specially trained for the

12  purpose of providing personal care services, in any of the

13  places listed in paragraph (a) without being required to pay

14  an extra charge for the nonhuman primate; however, such person

15  is shall be liable for any damage done to the premises or

16  facilities by such nonhuman primate.

17         (2)  Any person, firm, or corporation, or the agent of

18  any person, firm, or corporation, who denies or interferes

19  with admittance to, or enjoyment of, the public facilities

20  enumerated in subsection (1) or otherwise interferes with the

21  rights of an individual with a disability a deaf person, hard

22  of hearing person, a totally or partially blind person, or an

23  otherwise physically disabled person under this section, or

24  the trainer of a dog guide or service dog while engaged in the

25  training of such dog pursuant to subsection (7), commits is

26  guilty of a misdemeanor of the second degree, punishable as

27  provided in s. 775.082 or s. 775.083.

28         (3)  It is the policy of this state that individuals

29  with disabilities the deaf, hard of hearing, blind, visually

30  handicapped, and otherwise physically disabled shall be

31  employed in the service of the state or political subdivisions

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  1  of the state, in the public schools, and in all other

  2  employment supported in whole or in part by public funds, and

  3  an no employer may not shall refuse employment to an

  4  individual with a disability the deaf, hard of hearing, blind,

  5  the visually handicapped, or the otherwise physically disabled

  6  on the basis of the disability alone, unless it is shown that

  7  the particular disability prevents the satisfactory

  8  performance of the work involved.

  9         (4)  Individuals with disabilities are Deaf persons,

10  hard of hearing persons, blind persons, visually handicapped

11  persons, and otherwise physically disabled persons shall be

12  entitled to rent, lease, or purchase, as other members of the

13  general public, any housing accommodations offered for rent,

14  lease, or other compensation in this state, subject to the

15  conditions and limitations established by law and applicable

16  alike to all persons.

17         (a)  "Housing accommodations" means any real property

18  or portion thereof which is used or occupied, or intended,

19  arranged, or designed to be used or occupied, as the home,

20  residence, or sleeping place of one or more human beings, but

21  does not include any single-family residence the occupants of

22  which rent, lease, or furnish for compensation not more than

23  one room therein.

24         (b)  Nothing in this section shall require any person

25  renting, leasing, or otherwise providing real property for

26  compensation to modify her or his property in any way or

27  provide a higher degree of care for a deaf person, hard of

28  hearing person, blind person, visually handicapped person, or

29  otherwise physically disabled person than for a person who is

30  not so handicapped.

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  1         (b)(c)  Each individual with a disability deaf person,

  2  hard of hearing person, totally or partially blind person, or

  3  otherwise physically disabled person who has a dog guide, or

  4  who obtains a dog guide, is shall be entitled to full and

  5  equal access to all housing accommodations provided for in

  6  this section, and such person may shall not be required to pay

  7  extra compensation for such dog guide.  However, such person

  8  is shall be liable for any damage done to the premises by such

  9  dog guide.

10         (c)(d)  Each individual with a disability person with

11  paraplegia or quadriplegia who has or obtains a nonhuman

12  primate of the genus Cebus, specially trained for the purpose

13  of providing personal care services, is shall be entitled to

14  full and equal access to all housing accommodations provided

15  for in this section, and she or he may shall not be required

16  to pay extra compensation for such nonhuman primate. However,

17  such person is shall be liable for any damage done to the

18  premises by such nonhuman primate.

19         (5)  Any employer covered under subsection (3) who

20  discriminates against an individual with a disability the

21  deaf, hard of hearing, blind, visually handicapped, or

22  otherwise physically disabled in employment, unless it is

23  shown that the particular disability prevents the satisfactory

24  performance of the work involved, or any person, firm, or

25  corporation, or the agent of any person, firm, or corporation,

26  providing housing accommodations as provided in subsection (4)

27  who discriminates against an individual with a disability,

28  commits the deaf, hard of hearing, blind, visually

29  handicapped, or otherwise physically disabled is guilty of a

30  misdemeanor of the second degree, punishable as provided in s.

31  775.082 or s. 775.083.

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  1         (6)(a)  For the purposes of this section, the term

  2  "individual with a disability physically disabled person"

  3  means any person having an a physical impairment that

  4  substantially limits one or more major life activities.

  5         (b)  For the purposes of this section, the term "hard

  6  of hearing person" means an individual who has suffered a

  7  permanent hearing impairment which is severe enough to

  8  necessitate the use of amplification devices to discriminate

  9  speech sounds in verbal communication.

10         (7)  Any trainer of a dog guide or service dog, while

11  engaged in the training of such dog, has the same rights and

12  privileges with respect to access to public facilities and the

13  same liability for damage as is provided for individuals with

14  disabilities deaf or hard of hearing or blind or mobility

15  impaired persons accompanied by dog guides or service dogs.

16         (8)  Any trainer of a nonhuman primate of the genus

17  Cebus, while engaged in training such nonhuman primate to

18  provide personal care services to a person with a disability

19  paraplegia or quadriplegia, has the same rights and privileges

20  with respect to access to public facilities and the same

21  liability for damage as is provided for persons with a

22  disability paraplegia or quadriplegia accompanied by nonhuman

23  primates of the genus Cebus.  As used in the subsection, the

24  term "trainer of a nonhuman primate of the genus Cebus" means

25  a paid employee of a training organization, and does not

26  include volunteers chosen to raise the animals.

27         Section 13.  This act shall take effect July 1, 2000.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises various provisions of the Florida Civil Rights
      Act. Authorizes the Attorney General to investigate
  4    violations of rights secured by state law. Prohibits a
      place of public accommodation from discriminating against
  5    an individual or class of individuals on the basis of a
      disability. Provides requirements for providing goods and
  6    other services to individuals with disabilities. Provides
      for a complaint against a place of public accommodation
  7    to be filed with the Florida Commission on Human
      Relations. Provides for enforcement. Includes an
  8    individual with a disability within the definition of the
      term "minority person" for purposes of provisions
  9    requiring that minorities be represented on boards,
      commissions, councils, and committees. Provides for
10    certain rights of individuals with disabilities who use
      service animals. Deletes certain exceptions to
11    requirements that such individuals be afforded full and
      equal accommodation. Deletes provisions that exempt
12    certain rental property from modification for purposes of
      accommodating individuals with disabilities. Deletes
13    provisions that exempt an employer under certain
      circumstances from penalties for discriminating against
14    an individual with a disability with respect to
      employment. (See bill for details.)
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