Senate Bill sb2240

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    Florida Senate - 2004                                  SB 2240

    By Senator Wise





    5-1718A-04

  1                      A bill to be entitled

  2         An act relating to rights of individuals with

  3         disabilities; amending s. 413.08, F.S.;

  4         providing definitions; providing that an

  5         individual with a disability has full and equal

  6         access to and enjoyment of public

  7         accommodations and state and local facilities,

  8         programs, services, and activities; providing

  9         that an individual with a disability may be

10         accompanied by a service animal in places of

11         public accommodation and in state and local

12         facilities; directing that documentation that a

13         service animal is trained may not be a

14         precondition for providing service to an

15         individual accompanied by a service animal;

16         providing that a service animal has access to

17         all areas of a government facility or public

18         accommodation that the public or customers are

19         normally permitted to occupy; directing that an

20         individual with a service animal may not be

21         segregated from other customers or the public;

22         directing that a public accommodation may not

23         impose a deposit or surcharge on an individual

24         with a disability as a precondition to

25         permitting a service animal to accompany the

26         individual; providing that an individual with a

27         disability may be liable for damage caused by a

28         service animal; providing that the animal's

29         owner is responsible for the care and

30         supervision of a service animal; providing that

31         the public accommodation or government entity

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    Florida Senate - 2004                                  SB 2240
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 1         is not required to provide care or food or a

 2         special location for a service animal;

 3         providing that a public accommodation or

 4         government entity may exclude or remove any

 5         animal from the premises if the animal's

 6         behavior poses a direct threat to the health

 7         and safety of others; increasing certain

 8         penalties for violations of the act; providing

 9         that the trainer of a service animal has the

10         same rights and privileges as a person with a

11         disability while training the service animal;

12         amending s. 413.081, F.S.; conforming

13         provisions to changes made by the act;

14         providing an effective date.

15  

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

17  

18         Section 1.  Section 413.08, Florida Statutes, is

19  amended to read:

20         413.08  Rights of individuals with disabilities who

21  physically disabled persons; use of dog guides or service

22  animals dogs or nonhuman primates of the genus Cebus;

23  discrimination in public employment or housing accommodations;

24  penalties.--

25         (1)  As used in this section the term:

26         (a)  "Housing accommodation" means any real property or

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

28  arranged, or designed to be used or occupied, as a home,

29  residence, or sleeping place of one or more human beings. The

30  term does not include a single-family residence if the

31  

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    Florida Senate - 2004                                  SB 2240
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 1  occupants rent or lease to others for compensation not more

 2  than one room in the residence.

 3         (b)  "Individual with a disability" means a person with

 4  a physical or mental impairment that severally limits the

 5  person's ability to perform one or more daily life living

 6  skills.

 7         (c)  "Place of public accommodation" means a facility,

 8  operated by a private person, whose operations affect commerce

 9  and fall within at least one of the following categories:

10         1.  An inn, hotel, motel, or other place of lodging,

11  except for an establishment located within a building that

12  contains not more than five rooms for rent or hire and that is

13  actually occupied by the proprietor of the establishment as

14  the residence of the proprietor;

15         2.  A restaurant, bar, or other establishment serving

16  food or drink;

17         3.  A motion picture house, theater, concert hall,

18  stadium, or other place of gathering;

19         4.  An auditorium, convention center, lecture hall, or

20  other place of exhibition or entertainment;

21         5.  A bakery, grocery store, clothing store, hardware

22  store, shopping center, or other sales or rental

23  establishment;

24         6.  A laundromat, dry cleaner, bank, barber shop,

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

26  parlor, gas station, office of a health care provider,

27  hospital, or other service establishment;

28         7.  A terminal, depot, or other station used for

29  specified public transportation;

30         8.  A museum, library, gallery, or other place of

31  public display or collection;

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 1         9.  A park, zoo, amusement park, or other place of

 2  recreation;

 3         10.  A day care center, senior citizen center, homeless

 4  shelter, food bank, adoption agency, or other social services

 5  establishment; and

 6         11.  A gymnasium, health spa, bowling alley, golf

 7  course, or other place of exercise or recreation.

 8         (d)  "Service animal" means an animal that is trained

 9  to perform tasks for an individual with a disability. The

10  tasks may include, but are not limited to, guiding a person

11  who is visually impaired or blind, alerting a person who is

12  deaf or hard of hearing, pulling a wheelchair, assisting with

13  mobility or balance, alerting and protecting a person who is

14  having a seizure, retrieving objects, providing psychological

15  therapeutic support, or performing other special tasks. A

16  service animal is not a pet.

17         (2)(1)(a)  An individual with a disability is The deaf,

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

19  physically disabled are entitled to full and equal

20  accommodations, advantages, facilities, and privileges on all

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

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

23  or modes of transportation; in all state and local government

24  facilities, programs, services, and activities; and at hotels,

25  lodging places, places of public accommodations accommodation,

26  amusement, or resort, and other places to which the general

27  public is invited, subject only to the conditions and

28  limitations established by law and applicable alike to all

29  persons. This section does not require any person, firm, or

30  corporation, or any agent thereof, to modify or provide any

31  

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 1  vehicle, premises, facility, or service to a higher degree of

 2  accommodation than is required for a person not so disabled.

 3         (3)(b)  Every individual with a disability deaf or hard

 4  of hearing person, totally or partially blind person, person

 5  who is subject to epilepsy or other such seizure disorders, or

 6  physically disabled person has the right to be accompanied by

 7  a dog guide or service animal dog, specially trained for the

 8  purpose, in any place of public accommodation or state or

 9  local government facility, program, service, or activity the

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

11  an extra charge for the dog guide or service dog; however,

12  such a person is liable for any damage done to the premises or

13  facilities by such a dog. The dog guide or service dog must be

14  capable of being properly identified as being from a

15  recognized school for seeing-eye dogs, hearing-ear dogs,

16  service dogs, including, but not limited to, seizure-alert and

17  seizure-response dogs, or guide dogs.

18         (4)  Documentation that the service animal is trained

19  is not a precondition for providing service to an individual

20  accompanied by a service animal. A public accommodation or

21  government entity may ask if an animal is a service animal or

22  what tasks the animal has been trained to perform in order to

23  determine the difference between a service animal and a pet.

24         (5)  A service animal may accompany the individual with

25  a disability to all areas of a government facility or public

26  accommodation that the public or customers are normally

27  permitted to occupy. An individual with a service animal may

28  not be segregated from other customers or the public.

29         (6)(a)  A public accommodation may not impose a deposit

30  or surcharge on an individual with a disability as a

31  precondition to permitting a service animal to accompany the

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    Florida Senate - 2004                                  SB 2240
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 1  individual with a disability, even if a deposit is routinely

 2  required for pets.

 3         (b)  An individual with a disability is liable for

 4  damage caused by a service animal if it is the regular policy

 5  and practice of the public accommodation to charge nondisabled

 6  persons for damages caused by their pets.

 7         (7)  The care or supervision of a service animal is the

 8  responsibility of the individual owner. A public accommodation

 9  or government entity is not required to provide care or food

10  or a special location for the service animal.

11         (8)(a)  A public accommodation or government entity may

12  exclude or remove any animal from the premises, including a

13  service animal, if the animal's behavior poses a direct threat

14  to the health and safety of others. Allergies and fear of

15  animals are not valid reasons for denying access or refusing

16  service to an individual with a service animal. The perception

17  of a threat or fear based on past experience does not

18  constitute a direct threat.

19         (b)  If a service animal is excluded or removed as

20  being a direct threat to others, the public accommodation or

21  government entity must provide the individual with a

22  disability the option of continuing access to the public

23  accommodation or government entity without having the service

24  animal on the premises.

25         (c)  Every person with paraplegia or quadriplegia has

26  the right to be accompanied by a nonhuman primate of the genus

27  Cebus, specially trained for the purpose of providing personal

28  care services, in any of the places listed in paragraph (a)

29  without being required to pay an extra charge for the nonhuman

30  primate; however, such a person is liable for any damage done

31  to the premises or facilities by such nonhuman primate.

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    Florida Senate - 2004                                  SB 2240
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 1         (9)(2)  Any person, firm, business, or corporation, or

 2  the agent of any person, firm, business, or corporation, who

 3  denies or interferes with admittance to, or enjoyment of, the

 4  public accommodation of, facilities enumerated in subsection

 5  (1) or otherwise interferes with the rights of, an individual

 6  with a disability a deaf person, a hard of hearing person, a

 7  totally or partially blind person, a person who is subject to

 8  epilepsy or other such seizure disorders, or an otherwise

 9  physically disabled person under this section, or the trainer

10  of a dog guide or service animal dog while engaged in the

11  training of the animal under such a dog pursuant to subsection

12  (14) (7), commits is guilty of a misdemeanor of the first

13  second degree, punishable as provided in s. 775.082 or s.

14  775.083.

15         (10)(3)  It is the policy of this state that

16  individuals with disabilities the deaf, hard of hearing,

17  blind, visually handicapped, and otherwise physically disabled

18  shall be employed in the service of the state or political

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

20  other employment supported in whole or in part by public

21  funds, and an employer may not refuse employment to an

22  individual with a disability the deaf, the hard of hearing,

23  the blind, the visually handicapped, or the otherwise

24  physically disabled on the basis of the disability alone,

25  unless it is shown that the particular disability prevents the

26  satisfactory performance of the work involved.

27         (11)(4)  Each individual with a disability is Deaf

28  persons, hard of hearing persons, blind persons, visually

29  handicapped persons, and otherwise physically disabled persons

30  are entitled to rent, lease, or purchase, as other members of

31  the general public, any housing accommodations offered for

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 1  rent, lease, or other compensation in this state, subject to

 2  the conditions and limitations established by law and

 3  applicable alike to all persons.

 4         (a)  As used in this subsection, the term "housing

 5  accommodations" means any real property or portion thereof

 6  which is used or occupied, or intended, arranged, or designed

 7  to be used or occupied, as the home, residence, or sleeping

 8  place of one or more human beings, but does not include any

 9  single-family residence the occupants of which rent, lease, or

10  furnish for compensation not more than one room therein.

11         (b)  This section does not require any person renting,

12  leasing, or otherwise providing real property for compensation

13  to modify her or his property in any way or provide a higher

14  degree of care for a deaf person, hard of hearing person,

15  blind person, visually handicapped person, or otherwise

16  physically disabled person than for a person who is not so

17  handicapped.

18         (12)(c)  Each individual with a disability deaf person,

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

20  otherwise physically disabled person who has a service animal

21  dog guide, or who obtains a service animal dog guide, is

22  entitled to full and equal access to all housing

23  accommodations provided for in this section, and the such a

24  person may shall not be required to pay extra compensation for

25  the service animal dog guide.  However, an individual with a

26  disability such a person is liable for any damage done to the

27  premises by such a service animal dog guide.

28         (d)  Each person with paraplegia or quadriplegia who

29  has or obtains a nonhuman primate of the genus Cebus,

30  specially trained for the purpose of providing personal care

31  services, is entitled to full and equal access to all housing

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 1  accommodations provided for in this section, and she or he

 2  shall not be required to pay extra compensation for such a

 3  nonhuman primate. However, the person is liable for any damage

 4  done to the premises by such a nonhuman primate.

 5         (13)(5)  An Any employer covered under subsection (10)

 6  (3) who discriminates against an individual with a disability

 7  the deaf, hard of hearing, blind, visually handicapped, or

 8  otherwise physically disabled in employment, unless it is

 9  shown that the particular disability prevents the satisfactory

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

11  corporation, or the agent of any person, firm, business, or

12  corporation, providing housing accommodations as provided in

13  subsection (11) (4) who discriminates against an individual

14  with a disability commits the deaf, hard of hearing, blind,

15  visually handicapped, or otherwise physically disabled is

16  guilty of a misdemeanor of the first second degree, punishable

17  as provided in s. 775.082 or s. 775.083.

18         (6)(a)  As used in this section, the term "physically

19  disabled person" means any person who has a physical

20  impairment that substantially limits one or more major life

21  activities.

22         (b)  As used in this section, the term "hard of hearing

23  person" means an individual who has suffered a permanent

24  hearing impairment that is severe enough to necessitate the

25  use of amplification devices to discriminate speech sounds in

26  verbal communication.

27         (14)(7)  Any trainer of a dog guide or service animal

28  dog, while engaged in the training of the service animal such

29  a dog, has the same rights and privileges with respect to

30  access to public facilities and the same liability for damage

31  as is provided for individuals with a disability those persons

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 1  described in paragraph (1)(b) accompanied by a service animal

 2  dog guides or service dogs.

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

 4  Cebus, while engaged in training such a nonhuman primate to

 5  provide personal care services to a person with paraplegia or

 6  quadriplegia, has the same rights and privileges with respect

 7  to access to public facilities and the same liability for

 8  damage as is provided for a person with paraplegia or

 9  quadriplegia who is accompanied by nonhuman primates of the

10  genus Cebus. As used in this subsection, the term "trainer of

11  a nonhuman primate of the genus Cebus" means a paid employee

12  of a training organization, and does not include volunteers

13  chosen to raise the animals.

14         Section 2.  Section 413.081, Florida Statutes, is

15  amended to read:

16         413.081  Interference with or injury to a guide dog or

17  service animal; penalties; restitution.--

18         (1)  A Any person who, with reckless disregard,

19  interferes with, or permits a dog that he or she owns or is in

20  the immediate control of to interfere, with, the use of a

21  guide dog or service animal by obstructing, intimidating, or

22  otherwise jeopardizing the safety of the service animal or its

23  user commits is guilty of a misdemeanor of the second degree

24  for the first offense and a misdemeanor of the first degree

25  for each subsequent offense, punishable as provided in s.

26  775.082 or s. 775.083.

27         (2)  A Any person who, with reckless disregard, injures

28  or kills, or permits a dog that he or she owns or is in the

29  immediate control of to injure or kill, a guide dog or service

30  animal commits is guilty of a misdemeanor of the first degree,

31  punishable as provided in s. 775.082 or s. 775.083.

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 1         (3)  A Any person who intentionally injures or kills,

 2  or permits a dog that he or she owns or is in the immediate

 3  control of to injure or kill, a guide dog or service animal

 4  commits is guilty of a felony of the third degree, punishable

 5  as provided in s. 775.082, or s. 775.083, or s. 775.084.

 6         (4)(a)  A person who is convicted of a violation of

 7  this section, in addition to any other penalty, must make full

 8  restitution for all damages that arise out of or are related

 9  to the offense, including incidental and consequential damages

10  incurred by the guide dog or service animal's user.

11         (b)  Restitution includes the value of the service

12  animal; replacement and training or retraining expenses for

13  the service animal and the user; veterinary and other medical

14  and boarding expenses for the service animal; medical expenses

15  for the user; and lost wages or income incurred by the user

16  during any period that the user is without the services of the

17  service such an animal.

18         (5)  As used in this section, the term "service animal"

19  means an animal that is trained to perform tasks for an

20  individual with a disability. The tasks may include, but are

21  not limited to, guiding a person who is visually impaired or

22  blind, alerting a person who is deaf or hard of hearing,

23  pulling a wheelchair, assisting with mobility or balance,

24  alerting and protecting a person who is having a seizure,

25  retrieving objects, providing psychological therapeutic

26  support, or performing other special tasks. A service animal

27  is not a pet.:

28         (a)  "Guide dog" means a dog that is trained for the

29  purpose of guiding blind persons or a dog trained for the

30  purpose of assisting hearing impaired persons.

31  

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 1         (b)  "Service animal" means an animal that is trained

 2  for the purposes of assisting or accommodating a disabled

 3  person's sensory, mental, or physical disability.

 4         Section 3.  This act shall take effect July 1, 2004.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Provides that an individual with a disability has full
      and equal access and enjoyment of public accommodations
 9    and state and local facilities, programs, services, and
      activities. Provides that an individual with a disability
10    may be accompanied by a service animal in places of
      public accommodation and state and local facilities.
11    Directs that documentation that a service animal is
      trained is not a precondition for providing service to an
12    individual accompanied by a service animal. Provides that
      a service animal has access to all areas of a government
13    facility or public accommodation that the public or
      customers are normally permitted to occupy. Prohibits
14    segregating an individual with a service animal from
      other customers or the public. Directs that a public
15    accommodation may not impose a deposit or surcharge on an
      individual with a disability as a precondition to
16    permitting a service animal to accompany the individual.
      Provides that an individual with a disability may be
17    liable for damage caused by a service animal. Provides
      that an animal's owner is responsible for the care and
18    supervision of a service animal. Provides that the public
      accommodation or government entity is not required to
19    provide care or food or a special location for a service
      animal. Provides that a public accommodation or
20    government entity may exclude or remove any animal from
      the premises if the animal's behavior poses a direct
21    threat to the health and safety of others. Provides that
      the trainer of a service animal has the same rights and
22    privileges as a person with a disability while training
      the service animal.
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