Amendment
Bill No. 0434

Amendment No. 311311

CHAMBER ACTION
Senate		House
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1	Representative Carroll offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 413.08, Florida Statutes, is amended to
6	read:
7	413.08  Rights of an individual with a disability;
8	physically disabled persons; use of a dog guides or service
9	animal dogs or nonhuman primates of the genus Cebus;
10	discrimination in public employment or housing accommodations;
11	penalties.--
12	(1)  As used in ss. 413.08 and 413.081, the term:
13	(a)  "Housing accommodation" means any real property or
14	portion thereof which is used or occupied, or intended,
15	arranged, or designed to be used or occupied, as the home,
16	residence, or sleeping place of one or more persons, but does
17	not include any single-family residence, the occupants of which
18	rent, lease, or furnish for compensation not more than one room
19	therein.
20	(b)  "Individual with a disability" means a person who is
21	deaf, hard of hearing, blind, visually impaired, or otherwise
22	physically disabled. As used in this paragraph, the term:
23	1.  "Hard of hearing" means an individual who has suffered
24	a permanent hearing impairment that is severe enough to
25	necessitate the use of amplification devices to discriminate
26	speech sounds in verbal communication.
27	2.  "Physically disabled" means any person who has a
28	physical impairment that substantially limits one or more major
29	life activities.
30	(c)  "Public accommodation" means a common carrier,
31	airplane, motor vehicle, railroad train, motor bus, streetcar,
32	boat, or other public conveyance or mode of transportation;
33	hotel; lodging place; place of public accommodation, amusement,
34	or resort; and other places to which the general public is
35	invited, subject only to the conditions and limitations
36	established by law and applicable alike to all persons.
37	(d)  "Service animal" means an animal that is trained to
38	perform tasks for an individual with a disability. The tasks may
39	include, but are not limited to, guiding a person who is
40	visually impaired or blind, alerting a person who is deaf or
41	hard of hearing, pulling a wheelchair, assisting with mobility
42	or balance, alerting and protecting a person who is having a
43	seizure, retrieving objects, or performing other special tasks.
44	A service animal is not a pet.
45	(2)(1)(a)  An individual with a disability is The deaf,
46	hard of hearing, blind, visually handicapped, and otherwise
47	physically disabled are entitled to full and equal
48	accommodations, advantages, facilities, and privileges in on all
49	public accommodations common carriers, airplanes, motor
50	vehicles, railroad trains, motor buses, streetcars, boats, and
51	other public conveyances or modes of transportation and at
52	hotels, lodging places, places of public accommodation,
53	amusement, or resort, and other places to which the general
54	public is invited, subject only to the conditions and
55	limitations established by law and applicable alike to all
56	persons. This section does not require any person, firm,
57	business, or corporation, or any agent thereof, to modify or
58	provide any vehicle, premises, facility, or service to a higher
59	degree of accommodation than is required for a person not so
60	disabled.
61	(3)(b)  An individual with a disability Every deaf or hard
62	of hearing person, totally or partially blind person, person who
63	is subject to epilepsy or other such seizure disorders, or
64	physically disabled person has the right to be accompanied by a
65	dog guide or service animal dog, specially trained for the
66	purpose, in all areas of a public accommodation that the public
67	or customers are normally permitted to occupy any of the places
68	listed in paragraph (a) without being required to pay an extra
69	charge for the dog guide or service dog; however, such a person
70	is liable for any damage done to the premises or facilities by
71	such a dog. The dog guide or service dog must be capable of
72	being properly identified as being from a recognized school for
73	seeing-eye dogs, hearing-ear dogs, service dogs, including, but
74	not limited to, seizure-alert and seizure-response dogs, or
75	guide dogs.
76	(a)  Documentation that the service animal is trained is
77	not a precondition for providing service to an individual
78	accompanied by a service animal. A public accommodation may ask
79	if an animal is a service animal or what tasks the animal has
80	been trained to perform in order to determine the difference
81	between a service animal and a pet.
82	(b)  A public accommodation may not impose a deposit or
83	surcharge on an individual with a disability as a precondition
84	to permitting a service animal to accompany the individual with
85	a disability, even if a deposit is routinely required for pets.
86	(c)  An individual with a disability is liable for damage
87	caused by a service animal if it is the regular policy and
88	practice of the public accommodation to charge nondisabled
89	persons for damages caused by their pets.
90	(d)  The care or supervision of a service animal is the
91	responsibility of the individual owner. A public accommodation
92	is not required to provide care or food or a special location
93	for the service animal or assistance with removing animal
94	excrement.
95	(e)  A public accommodation may exclude or remove any
96	animal from the premises, including a service animal, if the
97	animal's behavior poses a direct threat to the health and safety
98	of others. Allergies and fear of animals are not valid reasons
99	for denying access or refusing service to an individual with a
100	service animal. If a service animal is excluded or removed for
101	being a direct threat to others, the public accommodation must
102	provide the individual with a disability the option of
103	continuing access to the public accommodation without having the
104	service animal on the premises.
105	(c)  Every person with paraplegia or quadriplegia has the
106	right to be accompanied by a nonhuman primate of the genus
107	Cebus, specially trained for the purpose of providing personal
108	care services, in any of the places listed in paragraph (a)
109	without being required to pay an extra charge for the nonhuman
110	primate; however, such a person is liable for any damage done to
111	the premises or facilities by such nonhuman primate.
112	(4)(2)  Any person, firm, or corporation, or the agent of
113	any person, firm, or corporation, who denies or interferes with
114	admittance to, or enjoyment of, a the public accommodation
115	facilities enumerated in subsection (1) or otherwise interferes
116	with the rights of an individual with a disability a deaf
117	person, a hard of hearing person, a totally or partially blind
118	person, a person who is subject to epilepsy or other such
119	seizure disorders, or an otherwise physically disabled person
120	under this section, or the trainer of a dog guide or service
121	animal dog while engaged in the training of such an animal such
122	a dog pursuant to subsection (8) (7), commits is guilty of a
123	misdemeanor of the second degree, punishable as provided in s.
124	775.082 or s. 775.083.
125	(5)(3)  It is the policy of this state that an individual
126	with a disability the deaf, hard of hearing, blind, visually
127	handicapped, and otherwise physically disabled shall be employed
128	in the service of the state or political subdivisions of the
129	state, in the public schools, and in all other employment
130	supported in whole or in part by public funds, and an employer
131	may not refuse employment to such a person the deaf, the hard of
132	hearing, the blind, the visually handicapped, or the otherwise
133	physically disabled on the basis of the disability alone, unless
134	it is shown that the particular disability prevents the
135	satisfactory performance of the work involved.
136	(6)(4)  An individual with a disability is Deaf persons,
137	hard of hearing persons, blind persons, visually handicapped
138	persons, and otherwise physically disabled persons are entitled
139	to rent, lease, or purchase, as other members of the general
140	public, any housing accommodations offered for rent, lease, or
141	other compensation in this state, subject to the conditions and
142	limitations established by law and applicable alike to all
143	persons.
144	(a)  As used in this subsection, the term "housing
145	accommodations" means any real property or portion thereof which
146	is used or occupied, or intended, arranged, or designed to be
147	used or occupied, as the home, residence, or sleeping place of
148	one or more human beings, but does not include any single-family
149	residence the occupants of which rent, lease, or furnish for
150	compensation not more than one room therein.
151	(a)(b)  This section does not require any person renting,
152	leasing, or otherwise providing real property for compensation
153	to modify her or his property in any way or provide a higher
154	degree of care for an individual with a disability a deaf
155	person, hard of hearing person, blind person, visually
156	handicapped person, or otherwise physically disabled person than
157	for a person who is not disabled so handicapped.
158	(b)(c)  An individual with a disability Each deaf person,
159	hard of hearing person, totally or partially blind person, or
160	otherwise physically disabled person who has a service animal
161	dog guide, or who obtains a service animal dog guide, is
162	entitled to full and equal access to all housing accommodations
163	provided for in this section, and such a person may shall not be
164	required to pay extra compensation for the service animal dog
165	guide. However, such a person is liable for any damage done to
166	the premises or to another person on the premises by such an
167	animal a dog guide. A housing accommodation may request proof of
168	compliance with vaccination requirements.
169	(d)  Each person with paraplegia or quadriplegia who has or
170	obtains a nonhuman primate of the genus Cebus, specially trained
171	for the purpose of providing personal care services, is entitled
172	to full and equal access to all housing accommodations provided
173	for in this section, and she or he shall not be required to pay
174	extra compensation for such a nonhuman primate. However, the
175	person is liable for any damage done to the premises by such a
176	nonhuman primate.
177	(7)(5)  An Any employer covered under subsection (5) (3)
178	who discriminates against an individual with a disability the
179	deaf, hard of hearing, blind, visually handicapped, or otherwise
180	physically disabled in employment, unless it is shown that the
181	particular disability prevents the satisfactory performance of
182	the work involved, or any person, firm, or corporation, or the
183	agent of any person, firm, or corporation, providing housing
184	accommodations as provided in subsection (6)(4) who
185	discriminates against an individual with a disability commits
186	the deaf, hard of hearing, blind, visually handicapped, or
187	otherwise physically disabled is guilty of a misdemeanor of the
188	second degree, punishable as provided in s. 775.082 or s.
189	775.083.
190	(6)(a)  As used in this section, the term "physically
191	disabled person" means any person who has a physical impairment
192	that substantially limits one or more major life activities.
193	(b)  As used in this section, the term "hard of hearing
194	person" means an individual who has suffered a permanent hearing
195	impairment that is severe enough to necessitate the use of
196	amplification devices to discriminate speech sounds in verbal
197	communication.
198	(8)(7)  Any trainer of a dog guide or service animal dog,
199	while engaged in the training of such an animal a dog, has the
200	same rights and privileges with respect to access to public
201	facilities and the same liability for damage as is provided for
202	those persons described in subsection (3) paragraph (1)(b)
203	accompanied by service animals dog guides or service dogs.
204	(8)  Any trainer of a nonhuman primate of the genus Cebus,
205	while engaged in training such a nonhuman primate to provide
206	personal care services to a person with paraplegia or
207	quadriplegia, has the same rights and privileges with respect to
208	access to public facilities and the same liability for damage as
209	is provided for a person with paraplegia or quadriplegia who is
210	accompanied by nonhuman primates of the genus Cebus. As used in
211	this subsection, the term "trainer of a nonhuman primate of the
212	genus Cebus" means a paid employee of a training organization,
213	and does not include volunteers chosen to raise the animals.
214	Section 2.  Section 413.081, Florida Statutes, is amended
215	to read:
216	413.081  Interference with or injury to a guide dog or
217	service animal; penalties; restitution.--
218	(1)  A Any person who, with reckless disregard, interferes
219	with, or permits a dog that he or she owns or is in the
220	immediate control of to interfere, with, the use of a guide dog
221	or service animal by obstructing, intimidating, or otherwise
222	jeopardizing the safety of the service animal or its user
223	commits is guilty of a misdemeanor of the second degree for the
224	first offense and a misdemeanor of the first degree for each
225	subsequent offense, punishable as provided in s. 775.082 or s.
226	775.083.
227	(2)  A Any person who, with reckless disregard, injures or
228	kills, or permits a dog that he or she owns or is in the
229	immediate control of to injure or kill, a guide dog or service
230	animal commits is guilty of a misdemeanor of the first degree,
231	punishable as provided in s. 775.082 or s. 775.083.
232	(3)  A Any person who intentionally injures or kills, or
233	permits a dog that he or she owns or is in the immediate control
234	of to injure or kill, a guide dog or service animal commits is
235	guilty of a felony of the third degree, punishable as provided
236	in s. 775.082, or s. 775.083, or s. 775.084.
237	(4)(a)  A person who is convicted of a violation of this
238	section, in addition to any other penalty, must make full
239	restitution for all damages that arise out of or are related to
240	the offense, including incidental and consequential damages
241	incurred by the guide dog or service animal's user.
242	(b)  Restitution includes the value of the service animal;
243	replacement and training or retraining expenses for the service
244	animal and the user; veterinary and other medical and boarding
245	expenses for the service animal; medical expenses for the user;
246	and lost wages or income incurred by the user during any period
247	that the user is without the services of the service such an
248	animal.
249	(5)  As used in this section, the term:
250	(a)  "Guide dog" means a dog that is trained for the
251	purpose of guiding blind persons or a dog trained for the
252	purpose of assisting hearing impaired persons.
253	(b)  "Service animal" means an animal that is trained for
254	the purposes of assisting or accommodating a disabled person's
255	sensory, mental, or physical disability.
256	Section 3.  The Florida Americans with Disabilities Act
257	Working Group and the Commission on Human Relations, jointly,
258	are directed to provide to the Executive Office of the Governor
259	recommendations that identify specific policies that the state
260	can implement to ensure the effectiveness of this act and
261	improve access for individuals with disabilities who are
262	accompanied by service animals.
263	Section 4.  This act shall take effect July 1, 2005.
264
265	================= T I T L E  A M E N D M E N T =================
266	Remove the entire title and insert:
267	A bill to be entitled
268	An act relating to individuals with disabilities; amending
269	s. 413.08, F.S.; providing definitions; providing that an
270	individual with a disability has full and equal access to
271	and enjoyment of public accommodations; providing that an
272	individual with a disability may be accompanied by a
273	service animal in places of public accommodation;
274	requiring that a service animal be given access to all
275	areas of a public accommodation that the public or
276	customers are normally permitted to occupy; directing that
277	documentation that a service animal is trained may not be
278	a precondition for providing service to an individual
279	accompanied by a service animal; prohibiting a public
280	accommodation from imposing a deposit or surcharge on an
281	individual with a disability as a precondition to
282	permitting a service animal to accompany the individual;
283	providing that an individual with a disability may be
284	liable for damage caused by a service animal; providing
285	that the animal's owner is responsible for the care and
286	supervision of a service animal; providing that the public
287	accommodation is not required to provide care or food or a
288	special location for a service animal; providing that a
289	public accommodation may exclude or remove any animal from
290	the premises if the animal's behavior poses a direct
291	threat to the health and safety of others; providing that
292	the trainer of a service animal has the same rights and
293	privileges as a person with a disability while training
294	the service animal; providing that a housing accommodation
295	may request proof of compliance with vaccination
296	requirements; amending s. 413.081, F.S.; conforming
297	provisions to changes made by the act; directing the
298	Florida Americans with Disabilities Act Working Group and
299	the Commission on Human Relations to provide
300	recommendations to the Executive Office of the Governor;
301	providing an effective date.

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