Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 434
Barcode 820374
CHAMBER ACTION
Senate House
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11 Senator Wise moved the following amendment:
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13 Senate Amendment
14 On page 5, line 24, through
15 page 11, line 17, delete those lines
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17 and insert:
18 (i) "Substantially limits" means the impact of the
19 condition renders the individual unable to perform an activity
20 compared to an average person in the general population.
21 Factors to consider in determining whether an impairment
22 substantially limits a major life activity include the nature
23 and severity of the impairment, how long it will last or is
24 expected to last, and its permanent or long-term impact or
25 expected impact.
26 (j) "Undue burden" means a significant difficulty or
27 expense that is determined by considering:
28 1. The nature and costs of the action needed under
29 this part;
30 2. The overall financial resources of the site
31 involved in the action, the number of persons employed at the
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 434
Barcode 820374
1 site; the effect on expenses and resources; safety
2 requirements that are necessary for safe operation, including
3 crime-prevention measures, and the impact of the action upon
4 the operation of the site;
5 3. The geographic separation and the administrative or
6 fiscal relationship of the site in question to a parent
7 corporation or entity;
8 4. If applicable, the overall financial resources of a
9 parent corporation or entity; the overall size of the parent
10 corporation or entity with respect to its number of employees;
11 and the number, type, and location of its facilities; and
12 5. If applicable, the type of operations of a parent
13 corporation or entity, including the composition, structure,
14 and functions of the workforce of the parent corporation or
15 entity.
16 (2)(1)(a) An individual with a disability is The deaf,
17 hard of hearing, blind, visually handicapped, and otherwise
18 physically disabled are entitled to full and equal
19 accommodations, advantages, benefits, facilities, and
20 privileges on all common carriers, airplanes, motor vehicles,
21 railroad trains, motor buses, streetcars, boats, and other
22 public conveyances or modes of transportation; in all state
23 and local government facilities, programs, services, and
24 activities; and at hotels, lodging places, places of public
25 accommodations accommodation, amusement, or resort, and other
26 places to which the general public is invited, subject only to
27 the conditions and limitations established by law and
28 applicable alike to all persons. This section does not require
29 any person, firm, or corporation, or any agent thereof, to
30 modify or provide any vehicle, premises, facility, or service
31 to a higher degree of accommodation than is required for a
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 434
Barcode 820374
1 person not so disabled.
2 (3)(b) Every individual with a disability deaf or hard
3 of hearing person, totally or partially blind person, person
4 who is subject to epilepsy or other such seizure disorders, or
5 physically disabled person has the right to be accompanied by
6 a dog guide or service animal dog, specially trained for the
7 purpose, in any place of public accommodation or state or
8 local government facility, program, service, or activity the
9 places listed in paragraph (a) without being required to pay
10 an extra charge for the dog guide or service dog; however,
11 such a person is liable for any damage done to the premises or
12 facilities by such a dog. The dog guide or service dog must be
13 capable of being properly identified as being from a
14 recognized school for seeing-eye dogs, hearing-ear dogs,
15 service dogs, including, but not limited to, seizure-alert and
16 seizure-response dogs, or guide dogs.
17 (4) State and local governmental entities and public
18 accommodations must accommodate service animals that assist
19 individuals with disabilities unless doing so would result in
20 an undue burden or fundamental alteration to the nature of the
21 program, activity, service, facility, or business.
22 (5) Documentation that the service animal is trained
23 is not a precondition for providing service to an individual
24 accompanied by a service animal. A public accommodation or
25 government entity may ask if an animal is a service animal or
26 what tasks the animal has been trained to perform in order to
27 determine the difference between a service animal and a pet.
28 (6) A service animal may accompany the individual with
29 a disability to all areas of a government facility or public
30 accommodation that the public or customers are normally
31 permitted to occupy. An individual with a service animal may
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 434
Barcode 820374
1 not be segregated or treated in a manner that is unequal to
2 that extended to other customers or the public.
3 (7)(a) A public accommodation may not impose a deposit
4 or surcharge on an individual with a disability as a
5 precondition to permitting a service animal to accompany the
6 individual with a disability, even if a deposit is routinely
7 required for pets.
8 (b) An individual with a disability is liable for
9 damage caused by a service animal if it is the regular policy
10 and practice of the public accommodation to charge nondisabled
11 persons for damages caused by their pets.
12 (8) The care or supervision of a service animal is the
13 responsibility of the individual owner. A public accommodation
14 or government entity is not required to provide care or food
15 or a special location for the service animal or assistance
16 with removing animal excrement.
17 (9)(a) A public accommodation or government entity may
18 exclude or remove any animal from the premises, including a
19 service animal, if the animal's behavior poses a direct threat
20 to the health and safety of others. Allergies and fear of
21 animals are not valid reasons for denying access or refusing
22 service to an individual with a service animal. The perception
23 of a threat or fear based on past experience does not
24 constitute a direct threat.
25 (b) If a service animal is excluded or removed as
26 being a direct threat to others, the public accommodation or
27 government entity must provide the individual with a
28 disability the option of continuing access to the public
29 accommodation or government entity without having the service
30 animal on the premises.
31 (c) Every person with paraplegia or quadriplegia has
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 434
Barcode 820374
1 the right to be accompanied by a nonhuman primate of the genus
2 Cebus, specially trained for the purpose of providing personal
3 care services, in any of the places listed in paragraph (a)
4 without being required to pay an extra charge for the nonhuman
5 primate; however, such a person is liable for any damage done
6 to the premises or facilities by such nonhuman primate.
7 (10)(2) Any person, firm, business, or corporation, or
8 the agent of any person, firm, business, or corporation, who
9 denies or interferes with admittance to, or enjoyment of, the
10 public accommodation of, facilities enumerated in subsection
11 (1) or otherwise interferes with the rights of, an individual
12 with a disability a deaf person, a hard of hearing person, a
13 totally or partially blind person, a person who is subject to
14 epilepsy or other such seizure disorders, or an otherwise
15 physically disabled person under this section, or the trainer
16 of a dog guide or service animal dog while engaged in the
17 training of the animal under such a dog pursuant to subsection
18 (14) (7), commits is guilty of a misdemeanor of the second
19 degree for the first offense and a misdemeanor of the first
20 degree for each subsequent offense, punishable as provided in
21 s. 775.082, or s. 775.083, or s. 775.084.
22 (11)(3) It is the policy of this state that
23 individuals with disabilities the deaf, hard of hearing,
24 blind, visually handicapped, and otherwise physically disabled
25 shall be employed in the service of the state or political
26 subdivisions of the state, in the public schools, and in all
27 other employment supported in whole or in part by public
28 funds, and an employer may not refuse employment to an
29 individual with a disability the deaf, the hard of hearing,
30 the blind, the visually handicapped, or the otherwise
31 physically disabled on the basis of the disability alone,
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 434
Barcode 820374
1 unless it is shown that the particular disability prevents the
2 satisfactory performance of the work involved.
3 (12)(4) Each individual with a disability is Deaf
4 persons, hard of hearing persons, blind persons, visually
5 handicapped persons, and otherwise physically disabled persons
6 are entitled to rent, lease, or purchase, as other members of
7 the general public, any housing accommodations offered for
8 rent, lease, or other compensation in this state, subject to
9 the conditions and limitations established by law and
10 applicable alike to all persons.
11 (a) As used in this subsection, the term "housing
12 accommodations" means any real property or portion thereof
13 which is used or occupied, or intended, arranged, or designed
14 to be used or occupied, as the home, residence, or sleeping
15 place of one or more human beings, but does not include any
16 single-family residence the occupants of which rent, lease, or
17 furnish for compensation not more than one room therein.
18 (b) This section does not require any person renting,
19 leasing, or otherwise providing real property for compensation
20 to modify her or his property in any way or provide a higher
21 degree of care for a deaf person, hard of hearing person,
22 blind person, visually handicapped person, or otherwise
23 physically disabled person than for a person who is not so
24 handicapped.
25 (13)(c) Each individual with a disability deaf person,
26 hard of hearing person, totally or partially blind person, or
27 otherwise physically disabled person who has a service animal
28 dog guide, or who obtains a service animal dog guide, is
29 entitled to full and equal access to all housing
30 accommodations provided for in this section, and the such a
31 person may shall not be required to pay extra compensation for
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 434
Barcode 820374
1 the service animal dog guide. However, an individual with a
2 disability such a person is liable for any damage done to the
3 premises or another person by such a service animal dog guide.
4 A housing accommodation may request proof of compliance with
5 vaccination requirements.
6 (d) Each person with paraplegia or quadriplegia who
7 has or obtains a nonhuman primate of the genus Cebus,
8 specially trained for the purpose of providing personal care
9 services, is entitled to full and equal access to all housing
10 accommodations provided for in this section, and she or he
11 shall not be required to pay extra compensation for such a
12 nonhuman primate. However, the person is liable for any damage
13 done to the premises by such a nonhuman primate.
14 (14)(5) An Any employer covered under subsection (11)
15 (3) who discriminates against an individual with a disability
16 the deaf, hard of hearing, blind, visually handicapped, or
17 otherwise physically disabled in employment, unless it is
18 shown that the particular disability prevents the satisfactory
19 performance of the work involved, or any person, firm, or
20 corporation, or the agent of any person, firm, business, or
21 corporation, providing housing accommodations as provided in
22 subsection (12) (4) who discriminates against an individual
23 with a disability commits the deaf, hard of hearing, blind,
24 visually handicapped, or otherwise physically disabled is
25 guilty of a misdemeanor of the second degree for the first
26 offense and a misdemeanor of the first degree for each
27 subsequent offense, punishable as provided in s. 775.082, or
28 s. 775.083, or s. 755.084.
29 (6)(a) As used in this section, the term "physically
30 disabled person" means any person who has a physical
31 impairment that substantially limits one or more major life
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 434
Barcode 820374
1 activities.
2 (b) As used in this section, the term "hard of hearing
3 person" means an individual who has suffered a permanent
4 hearing impairment that is severe enough to necessitate the
5 use of amplification devices to discriminate speech sounds in
6 verbal communication.
7 (15)(7) Any trainer of a dog guide or service animal
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