Senate Bill sb0620

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    Florida Senate - 2001                                   SB 620

    By Senator Meek





    36-429-01

  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 who has a

19         disability in an integrated setting; creating

20         s. 760.103, F.S.; prohibiting the exclusion or

21         denial of goods and other services based on

22         certain relationships with an individual who

23         has a 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 who has 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 who have a disability and who use

  9         service animals; eliminating certain exceptions

10         to requirements that such individuals be

11         afforded full and equal accommodation; deleting

12         a requirement that a dog guide or service dog

13         be identified as being from a recognized

14         school; eliminating provisions that exempt

15         certain rental property from modification for

16         purposes of accommodating individuals who have

17         a disability; eliminating provisions that

18         exempt an employer under certain circumstances

19         from penalties for discriminating  with respect

20         to employment against an individual who has a

21         disability; 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.--Any private entity that owns,

12  rents, leases, lets, or operates a place of public

13  accommodation may not discriminate against an individual on

14  the basis of a disability in the full and equal enjoyment of

15  the goods, services, facilities, privileges, advantages, or

16  accommodations of that 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         (4)  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  who have a disability.--A public accommodation shall afford

31  goods, services, facilities, privileges, advantages, and

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  1  accommodations to an individual who has a disability in the

  2  most integrated setting appropriate to the needs of the

  3  individual. Notwithstanding the existence of separate or

  4  different programs or activities provided in accordance with

  5  this part, a public accommodation may not deny an individual

  6  who has a disability an opportunity to participate in programs

  7  or 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 who poses a direct

20  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.

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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 that any person or group of persons

11  has otherwise attempted to interfere with those rights, and

12  such denial or attempted interference raises an issue of

13  general public importance, the Attorney General may

14  investigate such violations of rights by administering oaths

15  and affirmations, subpoenaing witnesses or matter, and

16  collecting evidence. The Attorney General may commence a civil

17  action in any appropriate state or federal court. In a civil

18  action brought by the Attorney General, the court may award

19  damages or injunctive or other appropriate relief for

20  violations of the rights secured by the State Constitution or

21  the laws of this state and may impose a civil penalty of not

22  more than $10,000 for each violation. The Attorney General is

23  entitled to reasonable attorney's fees and costs if the

24  Department of Legal Affairs prevails in an action brought

25  under this 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 must be held in the

23  municipality or other locality where the discriminatory

24  practice occurred. Anything said or done in the course of such

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

26  in a subsequent proceeding without the written consent of the

27  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 the

  7  production of materials or the appearance of persons, and may

  8  issue interrogatories to a respondent to the same extent and

  9  subject to the same limitations that apply if the subpoenas or

10  interrogatories were issued or served in aid of a civil

11  action. The commission or the Attorney General may administer

12  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.

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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:

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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 in the same manner as

20  any other 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 who has a disability; that is, an

  8  individual who has a physical or mental impairment, an

  9  individual regarded as having such an impairment, or an

10  individual who has a 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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    Florida Senate - 2001                                   SB 620
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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 who have a disability and

10  who use service animals physically disabled persons; use of

11  dog guides or service dogs or nonhuman primates of the genus

12  Cebus; discrimination in public employment or housing

13  accommodations; penalties.--

14         (1)(a)  Individuals who have a disability The deaf,

15  hard of hearing, blind, visually handicapped, and otherwise

16  physically disabled are entitled to full and equal

17  accommodations, advantages, facilities, and privileges on all

18  common carriers, airplanes, motor vehicles, railroad trains,

19  motor buses, streetcars, boats, and other public conveyances

20  or modes of transportation and at hotels, lodging places,

21  places of public accommodation, amusement, or resort, and

22  other places to which the general public is invited, subject

23  only to the conditions and limitations established by law and

24  applicable alike to all persons.  Nothing in this section

25  shall require any person, firm, or corporation, or any agent

26  thereof, to modify or provide any vehicle, premises, facility,

27  or service to a higher degree of accommodation than is

28  required for a person not so disabled.

29         (b)  Every individual who  has 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 who has a disability has with

10  paraplegia or quadriplegia shall have the right to be

11  accompanied by a nonhuman primate of the genus Cebus,

12  specially trained for the purpose of providing personal care

13  services, in any of the places listed in paragraph (a) without

14  being required to pay an extra charge for the nonhuman

15  primate; however, such person is shall be liable for any

16  damage done to the premises or facilities by such nonhuman

17  primate.

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

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

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

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

22  rights of an individual who has a disability a deaf person,

23  hard of hearing person, a totally or partially blind person,

24  or an otherwise physically disabled person under this section,

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

26  the training of such dog pursuant to subsection (7), commits

27  is guilty of a misdemeanor of the second degree, punishable as

28  provided in s. 775.082 or s. 775.083.

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

30  who have a disability the deaf, hard of hearing, blind,

31  visually handicapped, and otherwise physically disabled shall

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  1  be employed in the service of the state or political

  2  subdivisions of the state, in the public schools, and in all

  3  other employment supported in whole or in part by public

  4  funds, and an no employer may not shall refuse employment to

  5  an individual who has a disability the deaf, hard of hearing,

  6  blind, the visually handicapped, or the otherwise physically

  7  disabled on the basis of the disability alone, unless it is

  8  shown that the particular disability prevents the satisfactory

  9  performance of the work involved.

10         (4)  Individuals who have a disability are Deaf

11  persons, hard of hearing persons, blind persons, visually

12  handicapped persons, and otherwise physically disabled persons

13  shall be entitled to rent, lease, or purchase, as other

14  members of the general public, any housing accommodations

15  offered for rent, lease, or other compensation in this state,

16  subject to the conditions and limitations established by law

17  and applicable alike to all persons.

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

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

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

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

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

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

24  one room therein.

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

26  renting, leasing, or otherwise providing real property for

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

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

29  hearing person, blind person, visually handicapped person, or

30  otherwise physically disabled person than for a person who is

31  not so handicapped.

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  1         (b)(c)  Each individual who has a disability deaf

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

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

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

  5  full and equal access to all housing accommodations provided

  6  for in this section, and such person may shall not be required

  7  to pay extra compensation for such dog guide.  However, such

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

  9  by such dog guide.

10         (c)(d)  Each individual who has a disability person

11  with 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 who has 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 who has 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 who has 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 who

14  have a disability 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 who has a

19  disability with paraplegia or quadriplegia, has the same

20  rights and privileges with respect to access to public

21  facilities and the same liability for damage as is provided

22  for persons with a disability paraplegia or quadriplegia

23  accompanied by nonhuman primates of the genus Cebus.  As used

24  in the subsection, the term "trainer of a nonhuman primate of

25  the genus Cebus" means a paid employee of a training

26  organization, and does not include volunteers chosen to raise

27  the animals.

28         Section 13.  This act shall take effect July 1, 2001.

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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 who have a disability.
      Provides for a complaint against a place of public
  7    accommodation to be filed with the Florida Commission on
      Human Relations. Provides for enforcement. Includes an
  8    individual who has 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 who have a disability and
      who use service animals. Eliminates certain exceptions to
11    requirements that such individuals be afforded full and
      equal accommodation. Eliminates provisions that exempt
12    certain rental property from modification for purposes of
      accommodating individuals who have a disability.
13    Eliminates provisions that exempt an employer under
      certain circumstances from penalties for discriminating
14    with respect to employment against an individual who has
      a disability. (See bill for details.)
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