HB 0153

CS

CHAMBER ACTION

1	The Commerce Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to individuals with disabilities; amending
7	s. 413.08, F.S.; providing definitions; providing that an
8	individual with a disability has full and equal access to
9	and enjoyment of public accommodations and state and local
10	governmental facilities, programs, services, and
11	activities; providing that an individual with a disability
12	may be accompanied by a service animal in places of public
13	accommodation and in state and local governmental
14	facilities, programs, services, and activities; requiring
15	state and local governmental entities and public
16	accommodations to accommodate service animals, with
17	certain exceptions; directing that documentation that a
18	service animal is trained may not be a precondition for
19	providing service to an individual accompanied by a
20	service animal; requiring that a service animal be given
21	access to all areas of a government facility or public
22	accommodation that the public or customers are normally
23	permitted to occupy; prohibiting segregating an individual
24	with a service animal from other customers or the public;
25	prohibiting a public accommodation from imposing a deposit
26	or surcharge on an individual with a disability as a
27	precondition to permitting a service animal to accompany
28	the individual; providing that an individual with a
29	disability may be liable for damage caused by a service
30	animal; providing that the animal's owner is responsible
31	for the care and supervision of a service animal;
32	providing that the public accommodation or governmental
33	entity is not required to provide care or food or a
34	special location for a service animal; providing that a
35	public accommodation or governmental entity may exclude or
36	remove any animal from the premises if the animal's
37	behavior poses a direct threat to the health and safety of
38	others; increasing certain penalties for violations of the
39	act; providing that the trainer of a service animal has
40	the same rights and privileges as a person with a
41	disability while training the service animal; providing
42	that a housing accommodation may request proof of
43	compliance with vaccination requirements; amending s.
44	413.081, F.S.; conforming provisions to changes made by
45	the act; providing an effective date.
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1.  Section 413.08, Florida Statutes, is amended to
50	read:
51	413.08  Rights of individuals with disabilities who
52	physically disabled persons; use of dog guides or service
53	animals dogs or nonhuman primates of the genus Cebus;
54	discrimination in public employment or housing accommodations;
55	penalties.--
56	(1)  As used in this section, the term:
57	(a)  "Direct threat" means a determination that the person
58	poses a significant risk to the health and safety of others
59	which cannot be eliminated or reduced to an acceptable level. A
60	direct threat cannot be based on generalizations or stereotypes
61	about the effects of a particular disability; it must be based
62	on an individual assessment that considers the particular
63	activity and the actual abilities and disabilities of the
64	individual. The assessment of a direct threat must be based on
65	reasonable judgment that relies on current medical evidence or
66	on the best available objective evidence to determine the
67	nature, duration, and severity of the risk; the probability that
68	the potential injury will actually occur; and whether reasonable
69	modifications of policies, practices, or procedures will
70	mitigate or eliminate the risk.
71	(b)  "Housing accommodation" means any real property or
72	portion thereof which is used or occupied, or intended,
73	arranged, or designed to be used or occupied, as a home,
74	residence, or sleeping place of one or more human beings. The
75	term does not include a single-family residence if the occupants
76	rent or lease to others for compensation not more than one room
77	in the residence.
78	(c)  "Individual with a disability" means a person who has
79	a physical or mental impairment that substantially limits one or
80	more of his or her major life activities, has a record of such
81	an impairment, or is regarded as having such an impairment. The
82	term does not include an individual who has any of the following
83	conditions: homosexuality, bisexuality, transvestism,
84	transsexualism, pedophilia, exhibitionism, voyeurism, a gender-
85	identity disorder not resulting from physical impairments, any
86	other sexual-behavior disorder, compulsive gambling,
87	kleptomania, pyromania, or a psychoactive substance abuse
88	disorder resulting from the current illegal use of drugs, or an
89	individual who currently engages in the use of illegal drugs.
90	(d)  "Major life activities" means activities that an
91	average person can perform with little or no difficulty,
92	including, but not limited to, walking, speaking, breathing,
93	performing manual tasks, seeing, hearing, learning, caring for
94	oneself, working, standing, lifting, and reading.
95	(e)  "Mental impairment" means any mental or psychological
96	disorder such as mental retardation, organic brain syndrome,
97	emotional or mental illness, and specific learning disabilities.
98	(f)  "Physical impairment" means a physiological disorder
99	or condition, cosmetic disfigurement, or anatomical loss
100	affecting one or more of the following body systems:
101	neurological; musculoskeletal; sensory organs; respiratory,
102	including speech organs; cardiovascular; reproductive;
103	digestive; genitourinary; hemic and lymphatic; skin; and
104	endocrine.
105	(g)  "Place of public accommodation" means a facility
106	operated by a private person at which operations affect commerce
107	and fall within at least one of the following categories:
108	1.  An inn, hotel, motel, or other place of lodging, except
109	for an establishment located within a building that contains not
110	more than five rooms for rent or hire and that is actually
111	occupied by the proprietor of the establishment as the residence
112	of the proprietor;
113	2.  A restaurant, bar, or other establishment serving food
114	or drink;
115	3.  A motion picture house, theater, concert hall, stadium,
116	or other place of gathering;
117	4.  An auditorium, convention center, lecture hall, or
118	other place of exhibition or entertainment;
119	5.  A bakery, grocery store, clothing store, hardware
120	store, shopping center, or other sales or rental establishment;
121	6.  A laundromat, dry cleaner, bank, barber shop, beauty
122	shop, travel service, shoe repair service, funeral parlor, gas
123	station, office of a health care provider, hospital, or other
124	service establishment;
125	7.  A terminal, depot, or other station used for specified
126	public transportation;
127	8.  A museum, library, gallery, or other place of public
128	display or collection;
129	9.  A park, zoo, amusement park, or other place of
130	recreation;
131	10.  A day care center, senior citizen center, homeless
132	shelter, food bank, adoption agency, or other social services
133	establishment; and
134	11.  A gymnasium, health spa, bowling alley, golf course,
135	or other place of exercise or recreation.
136	(h)  "Service animal" means an animal that is trained to
137	perform tasks for an individual with a disability. The tasks may
138	include, but are not limited to, guiding a person who is
139	visually impaired or blind, alerting a person who is deaf or
140	hard of hearing, pulling a wheelchair, assisting with mobility
141	or balance, alerting and protecting a person who is having a
142	seizure, retrieving objects, or performing other special tasks.
143	A service animal is not a pet.
144	(i)  "Substantially limits" means the impact of the
145	condition renders the individual unable to perform an activity
146	compared to an average person in the general population. Factors
147	to consider in determining whether an impairment substantially
148	limits a major life activity include the nature and severity of
149	the impairment, how long it will last or is expected to last,
150	and its permanent or long-term impact or expected impact.
151	(j)  "Undue burden" means a significant difficulty or
152	expense that is determined by considering:
153	1.  The nature and costs of the action needed under this
154	part;
155	2.  The overall financial resources of the site involved in
156	the action, the number of persons employed at the site; the
157	effect on expenses and resources; safety requirements that are
158	necessary for safe operation, including crime-prevention
159	measures, and the impact of the action upon the operation of the
160	site;
161	3.  The geographic separation and the administrative or
162	fiscal relationship of the site in question to a parent
163	corporation or entity;
164	4.  If applicable, the overall financial resources of a
165	parent corporation or entity; the overall size of the parent
166	corporation or entity with respect to its number of employees;
167	and the number, type, and location of its facilities; and
168	5.  If applicable, the type of operations of a parent
169	corporation or entity, including the composition, structure, and
170	functions of the workforce of the parent corporation or entity.
171	(2)(1)(a)  An individual with a disability is The deaf,
172	hard of hearing, blind, visually handicapped, and otherwise
173	physically disabled are entitled to full and equal
174	accommodations, advantages, benefits, facilities, and privileges
175	on all common carriers, airplanes, motor vehicles, railroad
176	trains, motor buses, streetcars, boats, and other public
177	conveyances or modes of transportation; in all state and local
178	governmental facilities, programs, services, and activities; and
179	at hotels, lodging places, places of public accommodations
180	accommodation, amusement, or resort, and other places to which
181	the general public is invited, subject only to the conditions
182	and limitations established by law and applicable alike to all
183	persons. This section does not require any person, firm, or
184	corporation, or any agent thereof, to modify or provide any
185	vehicle, premises, facility, or service to a higher degree of
186	accommodation than is required for a person not so disabled.
187	(3)(b)  Every individual with a disability deaf or hard of
188	hearing person, totally or partially blind person, person who is
189	subject to epilepsy or other such seizure disorders, or
190	physically disabled person has the right to be accompanied by a
191	dog guide or service animal dog, specially trained for the
192	purpose, in any place of public accommodation or state or local
193	governmental facility, program, service, or activity the places
194	listed in paragraph (a) without being required to pay an extra
195	charge for the dog guide or service dog; however, such a person
196	is liable for any damage done to the premises or facilities by
197	such a dog. The dog guide or service dog must be capable of
198	being properly identified as being from a recognized school for
199	seeing-eye dogs, hearing-ear dogs, service dogs, including, but
200	not limited to, seizure-alert and seizure-response dogs, or
201	guide dogs.
202	(4)  State and local governmental entities and public
203	accommodations must accommodate service animals that assist
204	individuals with disabilities unless doing so would result in an
205	undue burden or fundamental alteration to the nature of the
206	program, activity, service, facility, or business.
207	(5)  Documentation that the service animal is trained is
208	not a precondition for providing service to an individual
209	accompanied by a service animal. A public accommodation or
210	governmental entity may ask if an animal is a service animal or
211	what tasks the animal has been trained to perform in order to
212	determine the difference between a service animal and a pet.
213	(6)  A service animal may accompany the individual with a
214	disability to all areas of a government facility or public
215	accommodation that the public or customers are normally
216	permitted to occupy. An individual with a service animal may not
217	be segregated or treated in a manner that is unequal to that
218	extended to other customers or the public.
219	(7)(a)  A public accommodation may not impose a deposit or
220	surcharge on an individual with a disability as a precondition
221	to permitting a service animal to accompany the individual with
222	a disability, even if a deposit is routinely required for pets.
223	(b)  An individual with a disability is liable for damage
224	caused by a service animal if it is the regular policy and
225	practice of the public accommodation to charge nondisabled
226	persons for damages caused by their pets.
227	(8)  The care or supervision of a service animal is the
228	responsibility of the individual owner. A public accommodation
229	or governmental entity is not required to provide care or food
230	or a special location for the service animal or assistance with
231	removing animal excrement.
232	(9)(a)  A public accommodation or governmental entity may
233	exclude or remove any animal from the premises, including a
234	service animal, if the animal's behavior poses a direct threat
235	to the health and safety of others. Allergies and fear of
236	animals are not valid reasons for denying access or refusing
237	service to an individual with a service animal. The perception
238	of a threat or fear based on past experience does not constitute
239	a direct threat.
240	(b)  If a service animal is excluded or removed as being a
241	direct threat to others, the public accommodation or
242	governmental entity must provide the individual with a
243	disability the option of continuing access to the public
244	accommodation or governmental entity without having the service
245	animal on the premises.
246	(c)  Every person with paraplegia or quadriplegia has the
247	right to be accompanied by a nonhuman primate of the genus
248	Cebus, specially trained for the purpose of providing personal
249	care services, in any of the places listed in paragraph (a)
250	without being required to pay an extra charge for the nonhuman
251	primate; however, such a person is liable for any damage done to
252	the premises or facilities by such nonhuman primate.
253	(10)(2)  Any person, firm, business, or corporation, or the
254	agent of any person, firm, business, or corporation, who denies
255	or interferes with admittance to, or enjoyment of, the public
256	accommodation of, facilities enumerated in subsection (1) or
257	otherwise interferes with the rights of, an individual with a
258	disability a deaf person, a hard of hearing person, a totally or
259	partially blind person, a person who is subject to epilepsy or
260	other such seizure disorders, or an otherwise physically
261	disabled person under this section, or the trainer of a dog
262	guide or service animal dog while engaged in the training of the
263	animal under such a dog pursuant to subsection (15) (7), commits
264	is guilty of a misdemeanor of the second degree for the first
265	offense and a misdemeanor of the first degree for each
266	subsequent offense, punishable as provided in s. 775.082, or s.
267	775.083, or s. 775.084.
268	(11)(3)  It is the policy of this state that individuals
269	with disabilities the deaf, hard of hearing, blind, visually
270	handicapped, and otherwise physically disabled shall be employed
271	in the service of the state or political subdivisions of the
272	state, in the public schools, and in all other employment
273	supported in whole or in part by public funds, and an employer
274	may not refuse employment to an individual with a disability the
275	deaf, the hard of hearing, the blind, the visually handicapped,
276	or the otherwise physically disabled on the basis of the
277	disability alone, unless it is shown that the particular
278	disability prevents the satisfactory performance of the work
279	involved.
280	(12)(4)  Each individual with a disability is Deaf persons,
281	hard of hearing persons, blind persons, visually handicapped
282	persons, and otherwise physically disabled persons are entitled
283	to rent, lease, or purchase, as other members of the general
284	public, any housing accommodations offered for rent, lease, or
285	other compensation in this state, subject to the conditions and
286	limitations established by law and applicable alike to all
287	persons.
288	(a)  As used in this subsection, the term "housing
289	accommodations" means any real property or portion thereof which
290	is used or occupied, or intended, arranged, or designed to be
291	used or occupied, as the home, residence, or sleeping place of
292	one or more human beings, but does not include any single-family
293	residence the occupants of which rent, lease, or furnish for
294	compensation not more than one room therein.
295	(b)  This section does not require any person renting,
296	leasing, or otherwise providing real property for compensation
297	to modify her or his property in any way or provide a higher
298	degree of care for a deaf person, hard of hearing person, blind
299	person, visually handicapped person, or otherwise physically
300	disabled person than for a person who is not so handicapped.
301	(13)(c)  Each individual with a disability deaf person,
302	hard of hearing person, totally or partially blind person, or
303	otherwise physically disabled person who has a service animal
304	dog guide, or who obtains a service animal dog guide, is
305	entitled to full and equal access to all housing accommodations
306	provided for in this section, and the such a person may shall
307	not be required to pay extra compensation for the service animal
308	dog guide. However, an individual with a disability such a
309	person is liable for any damage done to the premises or to
310	another person on the premises by the service animal such a dog
311	guide. A housing accommodation may request proof of compliance
312	with vaccination requirements.
313	(d)  Each person with paraplegia or quadriplegia who has or
314	obtains a nonhuman primate of the genus Cebus, specially trained
315	for the purpose of providing personal care services, is entitled
316	to full and equal access to all housing accommodations provided
317	for in this section, and she or he shall not be required to pay
318	extra compensation for such a nonhuman primate. However, the
319	person is liable for any damage done to the premises by such a
320	nonhuman primate.
321	(14)(5)  An Any employer covered under subsection (11) (3)
322	who discriminates against an individual with a disability the
323	deaf, hard of hearing, blind, visually handicapped, or otherwise
324	physically disabled in employment, unless it is shown that the
325	particular disability prevents the satisfactory performance of
326	the work involved, or any person, firm, or corporation, or the
327	agent of any person, firm, business, or corporation, providing
328	housing accommodations as provided in subsection (12) (4) who
329	discriminates against an individual with a disability commits
330	the deaf, hard of hearing, blind, visually handicapped, or
331	otherwise physically disabled is guilty of a misdemeanor of the
332	second degree for the first offense and a misdemeanor of the
333	first degree for each subsequent offense, punishable as provided
334	in s. 775.082, or s. 775.083, or s. 775.084.
335	(6)(a)  As used in this section, the term "physically
336	disabled person" means any person who has a physical impairment
337	that substantially limits one or more major life activities.
338	(b)  As used in this section, the term "hard of hearing
339	person" means an individual who has suffered a permanent hearing
340	impairment that is severe enough to necessitate the use of
341	amplification devices to discriminate speech sounds in verbal
342	communication.
343	(15)(7)  Any trainer of a dog guide or service animal dog,
344	while engaged in the training of the service animal such a dog,
345	has the same rights and privileges with respect to access to
346	public facilities and the same liability for damage as is
347	provided for individuals with a disability those persons
348	described in paragraph (1)(b) accompanied by a service animal
349	dog guides or service dogs.
350	(8)  Any trainer of a nonhuman primate of the genus Cebus,
351	while engaged in training such a nonhuman primate to provide
352	personal care services to a person with paraplegia or
353	quadriplegia, has the same rights and privileges with respect to
354	access to public facilities and the same liability for damage as
355	is provided for a person with paraplegia or quadriplegia who is
356	accompanied by nonhuman primates of the genus Cebus. As used in
357	this subsection, the term "trainer of a nonhuman primate of the
358	genus Cebus" means a paid employee of a training organization,
359	and does not include volunteers chosen to raise the animals.
360	Section 2.  Section 413.081, Florida Statutes, is amended
361	to read:
362	413.081  Interference with or injury to a guide dog or
363	service animal; penalties; restitution.--
364	(1)  A Any person who, with reckless disregard, interferes
365	with, or permits any animal a dog that he or she owns or is in
366	the immediate control of to interfere, with, the use of a guide
367	dog or service animal by obstructing, intimidating, or otherwise
368	jeopardizing the safety of the service animal or its user
369	commits is guilty of a misdemeanor of the second degree for the
370	first offense and a misdemeanor of the first degree for each
371	subsequent offense, punishable as provided in s. 775.082 or s.
372	775.083.
373	(2)  A Any person who, with reckless disregard, injures or
374	kills, or permits a dog that he or she owns or is in the
375	immediate control of to injure or kill, a guide dog or service
376	animal commits is guilty of a misdemeanor of the first degree,
377	punishable as provided in s. 775.082 or s. 775.083.
378	(3)  A Any person who intentionally injures or kills, or
379	permits a dog that he or she owns or is in the immediate control
380	of to injure or kill, a guide dog or service animal commits is
381	guilty of a felony of the third degree, punishable as provided
382	in s. 775.082, or s. 775.083, or s. 775.084.
383	(4)(a)  A person who is convicted of a violation of this
384	section, in addition to any other penalty, must make full
385	restitution for all damages that arise out of or are related to
386	the offense, including incidental and consequential damages
387	incurred by the guide dog or service animal's user.
388	(b)  Restitution includes the value of the service animal;
389	replacement and training or retraining expenses for the service
390	animal and the user; veterinary and other medical and boarding
391	expenses for the service animal; medical expenses for the user;
392	and lost wages or income incurred by the user during any period
393	that the user is without the services of the service such an
394	animal.
395	(5)  As used in this section, the term "service animal"
396	means an animal that is trained to perform tasks for an
397	individual with a disability. The tasks may include, but are not
398	limited to, guiding a person who is visually impaired or blind,
399	alerting a person who is deaf or hard of hearing, pulling a
400	wheelchair, assisting with mobility or balance, alerting and
401	protecting a person who is having a seizure, retrieving objects,
402	or performing other special tasks. A service animal is not a
403	pet.:
404	(a)  "Guide dog" means a dog that is trained for the
405	purpose of guiding blind persons or a dog trained for the
406	purpose of assisting hearing impaired persons.
407	(b)  "Service animal" means an animal that is trained for
408	the purposes of assisting or accommodating a disabled person's
409	sensory, mental, or physical disability.
410	Section 3.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.