Senate Bill sb0434
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 434
By Senator Wise
5-294-05
1 A bill to be entitled
2 An act relating to 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 requiring that a service animal be given access
17 to all areas of a government facility or public
18 accommodation that the public or customers are
19 normally permitted to occupy; prohibiting
20 segregating an individual with a service animal
21 from other customers or the public; prohibiting
22 a public accommodation from imposing a deposit
23 or surcharge on an individual with a disability
24 as a precondition to permitting a service
25 animal to accompany the individual; providing
26 that an individual with a disability may be
27 liable for damage caused by a service animal;
28 providing that the animal's owner is
29 responsible for the care and supervision of a
30 service animal; providing that the public
31 accommodation or government entity is not
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 434
5-294-05
1 required to provide care or food or a special
2 location for a service animal; providing that a
3 public accommodation or government entity may
4 exclude or remove any animal from the premises
5 if the animal's behavior poses a direct threat
6 to the health and safety of others; increasing
7 certain penalties for violations of the act;
8 providing that the trainer of a service animal
9 has the same rights and privileges as a person
10 with a disability while training the service
11 animal; amending s. 413.081, F.S.; conforming
12 provisions to changes made by the act;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 413.08, Florida Statutes, is
18 amended to read:
19 413.08 Rights of individuals with disabilities who
20 physically disabled persons; use of dog guides or service
21 animals dogs or nonhuman primates of the genus Cebus;
22 discrimination in public employment or housing accommodations;
23 penalties.--
24 (1) As used in this section, the term:
25 (a) "Housing accommodation" means any real property or
26 portion thereof which is used or occupied, or intended,
27 arranged, or designed to be used or occupied, as a home,
28 residence, or sleeping place of one or more human beings. The
29 term does not include a single-family residence if the
30 occupants rent or lease to others for compensation not more
31 than one room in the residence.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 434
5-294-05
1 (b) "Individual with a disability" means a person with
2 a physical or mental impairment that severely limits the
3 person's ability to perform one or more daily life living
4 skills.
5 (c) "Place of public accommodation" means a facility,
6 operated by a private person, whose operations affect commerce
7 and fall within at least one of the following categories:
8 1. An inn, hotel, motel, or other place of lodging,
9 except for an establishment located within a building that
10 contains not more than five rooms for rent or hire and that is
11 actually occupied by the proprietor of the establishment as
12 the residence of the proprietor;
13 2. A restaurant, bar, or other establishment serving
14 food or drink;
15 3. A motion picture house, theater, concert hall,
16 stadium, or other place of gathering;
17 4. An auditorium, convention center, lecture hall, or
18 other place of exhibition or entertainment;
19 5. A bakery, grocery store, clothing store, hardware
20 store, shopping center, or other sales or rental
21 establishment;
22 6. A laundromat, dry cleaner, bank, barber shop,
23 beauty shop, travel service, shoe repair service, funeral
24 parlor, gas station, office of a health care provider,
25 hospital, or other service establishment;
26 7. A terminal, depot, or other station used for
27 specified public transportation;
28 8. A museum, library, gallery, or other place of
29 public display or collection;
30 9. A park, zoo, amusement park, or other place of
31 recreation;
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 434
5-294-05
1 10. A day care center, senior citizen center, homeless
2 shelter, food bank, adoption agency, or other social services
3 establishment; and
4 11. A gymnasium, health spa, bowling alley, golf
5 course, or other place of exercise or recreation.
6 (d) "Service animal" means an animal that is trained
7 to perform tasks for an individual with a disability. The
8 tasks may include, but are not limited to, guiding a person
9 who is visually impaired or blind, alerting a person who is
10 deaf or hard of hearing, pulling a wheelchair, assisting with
11 mobility or balance, alerting and protecting a person who is
12 having a seizure, retrieving objects, or performing other
13 special tasks. A service animal is not a pet.
14 (2)(1)(a) An individual with a disability is 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; in all state and local government
21 facilities, programs, services, and activities; and at hotels,
22 lodging places, places of public accommodations accommodation,
23 amusement, or resort, and other places to which the general
24 public is invited, subject only to the conditions and
25 limitations established by law and applicable alike to all
26 persons. This section does not require any person, firm, or
27 corporation, or any agent thereof, to modify or provide any
28 vehicle, premises, facility, or service to a higher degree of
29 accommodation than is required for a person not so disabled.
30 (3)(b) Every individual with a disability deaf or hard
31 of hearing person, totally or partially blind person, person
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 434
5-294-05
1 who is subject to epilepsy or other such seizure disorders, or
2 physically disabled person has the right to be accompanied by
3 a dog guide or service animal dog, specially trained for the
4 purpose, in any place of public accommodation or state or
5 local government facility, program, service, or activity the
6 places listed in paragraph (a) without being required to pay
7 an extra charge for the dog guide or service dog; however,
8 such a person is liable for any damage done to the premises or
9 facilities by such a dog. The dog guide or service dog must be
10 capable of being properly identified as being from a
11 recognized school for seeing-eye dogs, hearing-ear dogs,
12 service dogs, including, but not limited to, seizure-alert and
13 seizure-response dogs, or guide dogs.
14 (4) Documentation that the service animal is trained
15 is not a precondition for providing service to an individual
16 accompanied by a service animal. A public accommodation or
17 government entity may ask if an animal is a service animal or
18 what tasks the animal has been trained to perform in order to
19 determine the difference between a service animal and a pet.
20 (5) A service animal may accompany the individual with
21 a disability to all areas of a government facility or public
22 accommodation that the public or customers are normally
23 permitted to occupy. An individual with a service animal may
24 not be segregated from other customers or the public.
25 (6)(a) A public accommodation may not impose a deposit
26 or surcharge on an individual with a disability as a
27 precondition to permitting a service animal to accompany the
28 individual with a disability, even if a deposit is routinely
29 required for pets.
30 (b) An individual with a disability is liable for
31 damage caused by a service animal if it is the regular policy
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 434
5-294-05
1 and practice of the public accommodation to charge nondisabled
2 persons for damages caused by their pets.
3 (7) The care or supervision of a service animal is the
4 responsibility of the individual owner. A public accommodation
5 or government entity is not required to provide care or food
6 or a special location for the service animal.
7 (8)(a) A public accommodation or government entity may
8 exclude or remove any animal from the premises, including a
9 service animal, if the animal's behavior poses a direct threat
10 to the health and safety of others. Allergies and fear of
11 animals are not valid reasons for denying access or refusing
12 service to an individual with a service animal. The perception
13 of a threat or fear based on past experience does not
14 constitute a direct threat.
15 (b) If a service animal is excluded or removed as
16 being a direct threat to others, the public accommodation or
17 government entity must provide the individual with a
18 disability the option of continuing access to the public
19 accommodation or government entity without having the service
20 animal on the premises.
21 (c) Every person with paraplegia or quadriplegia has
22 the right to be accompanied by a nonhuman primate of the genus
23 Cebus, specially trained for the purpose of providing personal
24 care services, in any of the places listed in paragraph (a)
25 without being required to pay an extra charge for the nonhuman
26 primate; however, such a person is liable for any damage done
27 to the premises or facilities by such nonhuman primate.
28 (9)(2) Any person, firm, business, or corporation, or
29 the agent of any person, firm, business, or corporation, who
30 denies or interferes with admittance to, or enjoyment of, the
31 public accommodation of, facilities enumerated in subsection
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 434
5-294-05
1 (1) or otherwise interferes with the rights of, an individual
2 with a disability a deaf person, a hard of hearing person, a
3 totally or partially blind person, a person who is subject to
4 epilepsy or other such seizure disorders, or an otherwise
5 physically disabled person under this section, or the trainer
6 of a dog guide or service animal dog while engaged in the
7 training of the animal under such a dog pursuant to subsection
8 (14) (7), commits is guilty of a misdemeanor of the first
9 second degree, punishable as provided in s. 775.082 or s.
10 775.083.
11 (10)(3) It is the policy of this state that
12 individuals with disabilities the deaf, hard of hearing,
13 blind, visually handicapped, and otherwise physically disabled
14 shall be employed in the service of the state or political
15 subdivisions of the state, in the public schools, and in all
16 other employment supported in whole or in part by public
17 funds, and an employer may not refuse employment to an
18 individual with a disability the deaf, the hard of hearing,
19 the blind, the visually handicapped, or the otherwise
20 physically disabled on the basis of the disability alone,
21 unless it is shown that the particular disability prevents the
22 satisfactory performance of the work involved.
23 (11)(4) Each individual with a disability is Deaf
24 persons, hard of hearing persons, blind persons, visually
25 handicapped persons, and otherwise physically disabled persons
26 are entitled to rent, lease, or purchase, as other members of
27 the general public, any housing accommodations offered for
28 rent, lease, or other compensation in this state, subject to
29 the conditions and limitations established by law and
30 applicable alike to all persons.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 434
5-294-05
1 (a) As used in this subsection, the term "housing
2 accommodations" means any real property or portion thereof
3 which is used or occupied, or intended, arranged, or designed
4 to be used or occupied, as the home, residence, or sleeping
5 place of one or more human beings, but does not include any
6 single-family residence the occupants of which rent, lease, or
7 furnish for compensation not more than one room therein.
8 (b) This section does not require any person renting,
9 leasing, or otherwise providing real property for compensation
10 to modify her or his property in any way or provide a higher
11 degree of care for a deaf person, hard of hearing person,
12 blind person, visually handicapped person, or otherwise
13 physically disabled person than for a person who is not so
14 handicapped.
15 (12)(c) Each individual with a disability deaf person,
16 hard of hearing person, totally or partially blind person, or
17 otherwise physically disabled person who has a service animal
18 dog guide, or who obtains a service animal dog guide, is
19 entitled to full and equal access to all housing
20 accommodations provided for in this section, and the such a
21 person may shall not be required to pay extra compensation for
22 the service animal dog guide. However, an individual with a
23 disability such a person is liable for any damage done to the
24 premises by such a service animal dog guide.
25 (d) Each person with paraplegia or quadriplegia who
26 has or obtains a nonhuman primate of the genus Cebus,
27 specially trained for the purpose of providing personal care
28 services, is entitled to full and equal access to all housing
29 accommodations provided for in this section, and she or he
30 shall not be required to pay extra compensation for such a
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 434
5-294-05
1 nonhuman primate. However, the person is liable for any damage
2 done to the premises by such a nonhuman primate.
3 (13)(5) An Any employer covered under subsection (10)
4 (3) who discriminates against an individual with a disability
5 the deaf, hard of hearing, blind, visually handicapped, or
6 otherwise physically disabled in employment, unless it is
7 shown that the particular disability prevents the satisfactory
8 performance of the work involved, or any person, firm, or
9 corporation, or the agent of any person, firm, business, or
10 corporation, providing housing accommodations as provided in
11 subsection (11) (4) who discriminates against an individual
12 with a disability commits the deaf, hard of hearing, blind,
13 visually handicapped, or otherwise physically disabled is
14 guilty of a misdemeanor of the first second degree, punishable
15 as provided in s. 775.082 or s. 775.083.
16 (6)(a) As used in this section, the term "physically
17 disabled person" means any person who has a physical
18 impairment that substantially limits one or more major life
19 activities.
20 (b) As used in this section, the term "hard of hearing
21 person" means an individual who has suffered a permanent
22 hearing impairment that is severe enough to necessitate the
23 use of amplification devices to discriminate speech sounds in
24 verbal communication.
25 (14)(7) Any trainer of a dog guide or service animal
26 dog, while engaged in the training of the service animal such
27 a dog, has the same rights and privileges with respect to
28 access to public facilities and the same liability for damage
29 as is provided for individuals with a disability those persons
30 described in paragraph (1)(b) accompanied by a service animal
31 dog guides or service dogs.
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 434
5-294-05
1 (8) Any trainer of a nonhuman primate of the genus
2 Cebus, while engaged in training such a nonhuman primate to
3 provide personal care services to a person with paraplegia or
4 quadriplegia, has the same rights and privileges with respect
5 to access to public facilities and the same liability for
6 damage as is provided for a person with paraplegia or
7 quadriplegia who is accompanied by nonhuman primates of the
8 genus Cebus. As used in this subsection, the term "trainer of
9 a nonhuman primate of the genus Cebus" means a paid employee
10 of a training organization, and does not include volunteers
11 chosen to raise the animals.
12 Section 2. Section 413.081, Florida Statutes, is
13 amended to read:
14 413.081 Interference with or injury to a guide dog or
15 service animal; penalties; restitution.--
16 (1) A Any person who, with reckless disregard,
17 interferes with, or permits a dog that he or she owns or is in
18 the immediate control of to interfere, with, the use of a
19 guide dog or service animal by obstructing, intimidating, or
20 otherwise jeopardizing the safety of the service animal or its
21 user commits is guilty of a misdemeanor of the second degree
22 for the first offense and a misdemeanor of the first degree
23 for each subsequent offense, punishable as provided in s.
24 775.082 or s. 775.083.
25 (2) A Any person who, with reckless disregard, injures
26 or kills, or permits a dog that he or she owns or is in the
27 immediate control of to injure or kill, a guide dog or service
28 animal commits is guilty of a misdemeanor of the first degree,
29 punishable as provided in s. 775.082 or s. 775.083.
30 (3) A Any person who intentionally injures or kills,
31 or permits a dog that he or she owns or is in the immediate
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 434
5-294-05
1 control of to injure or kill, a guide dog or service animal
2 commits is guilty of a felony of the third degree, punishable
3 as provided in s. 775.082, or s. 775.083, or s. 775.084.
4 (4)(a) A person who is convicted of a violation of
5 this section, in addition to any other penalty, must make full
6 restitution for all damages that arise out of or are related
7 to the offense, including incidental and consequential damages
8 incurred by the guide dog or service animal's user.
9 (b) Restitution includes the value of the service
10 animal; replacement and training or retraining expenses for
11 the service animal and the user; veterinary and other medical
12 and boarding expenses for the service animal; medical expenses
13 for the user; and lost wages or income incurred by the user
14 during any period that the user is without the services of the
15 service such an animal.
16 (5) As used in this section, the term "service animal"
17 means an animal that is trained to perform tasks for an
18 individual with a disability. The tasks may include, but are
19 not limited to, guiding a person who is visually impaired or
20 blind, alerting a person who is deaf or hard of hearing,
21 pulling a wheelchair, assisting with mobility or balance,
22 alerting and protecting a person who is having a seizure,
23 retrieving objects, or performing other special tasks. A
24 service animal is not a pet.:
25 (a) "Guide dog" means a dog that is trained for the
26 purpose of guiding blind persons or a dog trained for the
27 purpose of assisting hearing impaired persons.
28 (b) "Service animal" means an animal that is trained
29 for the purposes of assisting or accommodating a disabled
30 person's sensory, mental, or physical disability.
31 Section 3. This act shall take effect July 1, 2005.
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 434
5-294-05
1 *****************************************
2 SENATE SUMMARY
3 Provides that an individual with a disability has full
and equal access to and enjoyment of public
4 accommodations and state and local facilities, programs,
services, and activities. Provides that an individual
5 with a disability may be accompanied by a service animal
in places of public accommodation and in state and local
6 facilities. Directs that documentation that a service
animal is trained may not be a precondition for providing
7 service to an individual accompanied by a service animal.
Provides that a service animal has access to all areas of
8 a government facility or public accommodation that the
public or customers are normally permitted to occupy.
9 Directs that an individual with a service animal may not
be segregated from other customers or the public and that
10 a public accommodation may not impose a deposit or
surcharge on an individual with a disability as a
11 precondition to permitting a service animal to accompany
the individual. Provides that an individual with a
12 disability may be liable for damage caused by a service
animal. Provides that the public accommodation or
13 government entity is not required to provide care or food
or a special location for a service animal. Provides that
14 a public accommodation or government entity may exclude
or remove any animal from the premises if the animal's
15 behavior poses a direct threat to the health and safety
of others. Increases certain penalties for violations of
16 the act. Declares that the trainer of a service animal
has the same rights and privileges as a person with a
17 disability while training the service animal.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
12
CODING: Words stricken are deletions; words underlined are additions.