Senate Bill sb0434e1

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  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


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 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; providing that a housing accommodation

12         may request proof of compliance with

13         vaccination requirements; amending s. 413.081,

14         F.S.; conforming provisions to changes made by

15         the act; providing an effective date.

16  

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

18  

19         Section 1.  Section 413.08, Florida Statutes, is

20  amended to read:

21         413.08  Rights of individuals with disabilities who

22  physically disabled persons; use of dog guides or service

23  animals dogs or nonhuman primates of the genus Cebus;

24  discrimination in public employment or housing accommodations;

25  penalties.--

26         (1)  As used in this section, the term:

27         (a)  "Direct threat" means a determination that the

28  person poses a significant risk to the health and safety of

29  others which cannot be eliminated or reduced to an acceptable

30  level. A direct threat cannot be based on generalizations or

31  stereotypes about the effects of a particular disability; it


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 1  must be based on an individual assessment that considers the

 2  particular activity and the actual abilities and disabilities

 3  of the individual. The assessment of a direct threat must be

 4  based on reasonable judgment that relies on current medical

 5  evidence, or on the best available objective evidence, to

 6  determine the nature, duration, and severity of the risk; the

 7  probability that the potential injury will actually occur; and

 8  whether reasonable modifications of policies, practices, or

 9  procedures will mitigate or eliminate the risk.

10         (b)  "Housing accommodation" means any real property or

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

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

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

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

15  occupants rent or lease to others for compensation not more

16  than one room in the residence.

17         (c)  "Individual with a disability" means a person who

18  has a physical or mental impairment that substantially limits

19  one or more of his or her major life activities, has a record

20  of such an impairment, or is regarded as having such an

21  impairment. The term does not include an individual who has

22  any of the following conditions: homosexuality, bisexuality,

23  transvestism, transsexualism, pedophilia, exhibitionism,

24  voyeurism, a gender-identity disorder not resulting from

25  physical impairments, any other sexual-behavior disorder,

26  compulsive gambling, kleptomania, pyromania, or a psychoactive

27  substance abuse disorder resulting from the current illegal

28  use of drugs, or an individual who currently engages in the

29  use of illegal drugs.

30         (d)  "Major life activities" means activities that an

31  average person can perform with little or no difficulty,


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 1  including, but not limited to, walking, speaking, breathing,

 2  performing manual tasks, seeing, hearing, learning, caring for

 3  oneself, working, standing, lifting, and reading.

 4         (e)  "Mental impairment" means any mental or

 5  psychological disorder, such as mental retardation, organic

 6  brain syndrome, emotional or mental illness, and specific

 7  learning disabilities.

 8         (f)  "Physical impairment" means a physiological

 9  disorder or condition, cosmetic disfigurement, or anatomical

10  loss affecting one or more of the following body systems:

11  neurological; musculoskeletal; sensory organs; respiratory,

12  including speech organs; cardiovascular; reproductive;

13  digestive; genitourinary; hemic and lymphatic; skin; and

14  endocrine.

15         (g)  "Place of public accommodation" means a facility,

16  operated by a private person, whose operations affect commerce

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

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

19  except for an establishment located within a building that

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

21  actually occupied by the proprietor of the establishment as

22  the residence of the proprietor;

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

24  food or drink;

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

26  stadium, or other place of gathering;

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

28  other place of exhibition or entertainment;

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

30  store, shopping center, or other sales or rental

31  establishment;


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

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

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

 4  hospital, or other service establishment;

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

 6  specified public transportation;

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

 8  public display or collection;

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

10  recreation;

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

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

13  establishment; and

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

15  course, or other place of exercise or recreation.

16         (h)  "Service animal" means an animal that is trained

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

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

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

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

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

22  having a seizure, retrieving objects, or performing other

23  special tasks. A service animal is not a pet.

24         (i)  "Substantially limits" means the impact of the

25  condition renders the individual unable to perform an activity

26  compared to an average person in the general population.

27  Factors to consider in determining whether an impairment

28  substantially limits a major life activity include the nature

29  and severity of the impairment, how long it will last or is

30  expected to last, and its permanent or long-term impact or

31  expected impact.


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 1         (j)  "Undue burden" means a significant difficulty or

 2  expense that is determined by considering:

 3         1.  The nature and costs of the action needed under

 4  this part;

 5         2.  The overall financial resources of the site

 6  involved in the action, the number of persons employed at the

 7  site; the effect on expenses and resources; safety

 8  requirements that are necessary for safe operation, including

 9  crime-prevention measures, and the impact of the action upon

10  the operation of the site;

11         3.  The geographic separation and the administrative or

12  fiscal relationship of the site in question to a parent

13  corporation or entity;

14         4.  If applicable, the overall financial resources of a

15  parent corporation or entity; the overall size of the parent

16  corporation or entity with respect to its number of employees;

17  and the number, type, and location of its facilities; and

18         5.  If applicable, the type of operations of a parent

19  corporation or entity, including the composition, structure,

20  and functions of the workforce of the parent corporation or

21  entity.

22         (2)(1)(a)  An individual with a disability is The deaf,

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

24  physically disabled are entitled to full and equal

25  accommodations, advantages, benefits, facilities, and

26  privileges on all common carriers, airplanes, motor vehicles,

27  railroad trains, motor buses, streetcars, boats, and other

28  public conveyances or modes of transportation; in all state

29  and local government facilities, programs, services, and

30  activities; and at hotels, lodging places, places of public

31  accommodations accommodation, amusement, or resort, and other


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 1  places to which the general public is invited, subject only to

 2  the conditions and limitations established by law and

 3  applicable alike to all persons. This section does not require

 4  any person, firm, or corporation, or any agent thereof, to

 5  modify or provide any vehicle, premises, facility, or service

 6  to a higher degree of accommodation than is required for a

 7  person not so disabled.

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

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

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

11  physically disabled person has the right to be accompanied by

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

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

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

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

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

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

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

19  capable of being properly identified as being from a

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

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

22  seizure-response dogs, or guide dogs.

23         (4)  State and local governmental entities and public

24  accommodations must accommodate service animals that assist

25  individuals with disabilities unless doing so would result in

26  an undue burden or fundamental alteration to the nature of the

27  program, activity, service, facility, or business.

28         (5)  Documentation that the service animal is trained

29  is not a precondition for providing service to an individual

30  accompanied by a service animal. A public accommodation or

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


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

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

 3         (6)  A service animal may accompany the individual with

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

 5  accommodation that the public or customers are normally

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

 7  not be segregated or treated in a manner that is unequal to

 8  that extended to other customers or the public.

 9         (7)(a)  A public accommodation may not impose a deposit

10  or surcharge on an individual with a disability as a

11  precondition to permitting a service animal to accompany the

12  individual with a disability, even if a deposit is routinely

13  required for pets.

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

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

16  and practice of the public accommodation to charge nondisabled

17  persons for damages caused by their pets.

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

19  responsibility of the individual owner. A public accommodation

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

21  or a special location for the service animal or assistance

22  with removing animal excrement.

23         (9)(a)  A public accommodation or government entity may

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

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

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

27  animals are not valid reasons for denying access or refusing

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

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

30  constitute a direct threat.

31  


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

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

 3  government entity must provide the individual with a

 4  disability the option of continuing access to the public

 5  accommodation or government entity without having the service

 6  animal on the premises.

 7         (c)  Every person with paraplegia or quadriplegia has

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

 9  Cebus, specially trained for the purpose of providing personal

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

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

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

13  to the premises or facilities by such nonhuman primate.

14         (10)(2)  Any person, firm, business, or corporation, or

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

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

17  public accommodation of, facilities enumerated in subsection

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

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

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

21  epilepsy or other such seizure disorders, or an otherwise

22  physically disabled person under this section, or the trainer

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

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

25  (14) (7), commits is guilty of a misdemeanor of the second

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

27  degree for each subsequent offense, punishable as provided in

28  s. 775.082, or s. 775.083, or s. 775.084.

29         (11)(3)  It is the policy of this state that

30  individuals with disabilities the deaf, hard of hearing,

31  blind, visually handicapped, and otherwise physically disabled


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

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

 3  other employment supported in whole or in part by public

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

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

 6  the blind, the visually handicapped, or the otherwise

 7  physically disabled on the basis of the disability alone,

 8  unless it is shown that the particular disability prevents the

 9  satisfactory performance of the work involved.

10         (12)(4)  Each individual with a disability is Deaf

11  persons, hard of hearing persons, blind persons, visually

12  handicapped persons, and otherwise physically disabled persons

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

14  the general public, any housing accommodations offered for

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

16  the conditions and limitations established by law and

17  applicable alike to all persons.

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

19  accommodations" means any real property or portion thereof

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

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

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

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

24  furnish for compensation not more than one room therein.

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

26  leasing, or otherwise providing real property for compensation

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

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

29  blind person, visually handicapped person, or otherwise

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

31  handicapped.


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 1         (13)(c)  Each individual with a disability deaf person,

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

 3  otherwise physically disabled person who has a service animal

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

 5  entitled to full and equal access to all housing

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

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

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

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

10  premises or to another person on the premises by the service

11  animal such a dog guide. A housing accommodation may request

12  proof of compliance with vaccination requirements.

13         (d)  Each person with paraplegia or quadriplegia who

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

15  specially trained for the purpose of providing personal care

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

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

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

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

20  done to the premises by such a nonhuman primate.

21         (14)(5)  An Any employer covered under subsection (11)

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

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

24  otherwise physically disabled in employment, unless it is

25  shown that the particular disability prevents the satisfactory

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

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

28  corporation, providing housing accommodations as provided in

29  subsection (12) (4) who discriminates against an individual

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

31  visually handicapped, or otherwise physically disabled is


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 1  guilty of a misdemeanor of the second degree for the first

 2  offense and a misdemeanor of the first degree for each

 3  subsequent offense, punishable as provided in s. 775.082, or

 4  s. 775.083, or s. 755.084.

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

 6  disabled person" means any person who has a physical

 7  impairment that substantially limits one or more major life

 8  activities.

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

10  person" means an individual who has suffered a permanent

11  hearing impairment that is severe enough to necessitate the

12  use of amplification devices to discriminate speech sounds in

13  verbal communication.

14         (15)(7)  Any trainer of a dog guide or service animal

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

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

17  access to public facilities and the same liability for damage

18  as is provided for individuals with a disability those persons

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

20  dog guides or service dogs.

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

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

23  provide personal care services to a person with paraplegia or

24  quadriplegia, has the same rights and privileges with respect

25  to access to public facilities and the same liability for

26  damage as is provided for a person with paraplegia or

27  quadriplegia who is accompanied by nonhuman primates of the

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

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

30  of a training organization, and does not include volunteers

31  chosen to raise the animals.


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 1         Section 2.  Section 413.081, Florida Statutes, is

 2  amended to read:

 3         413.081  Interference with or injury to a guide dog or

 4  service animal; penalties; restitution.--

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

 6  interferes with, or permits any animal a dog that he or she

 7  owns or is in the immediate control of to interfere, with, the

 8  use of a guide dog or service animal by obstructing,

 9  intimidating, or otherwise jeopardizing the safety of the

10  service animal or its user commits is guilty of a misdemeanor

11  of the second degree for the first offense and a misdemeanor

12  of the first degree for each subsequent offense, punishable as

13  provided in s. 775.082 or s. 775.083.

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

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

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

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

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

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

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

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

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

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

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

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

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

27  to the offense, including incidental and consequential damages

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

29         (b)  Restitution includes the value of the service

30  animal; replacement and training or retraining expenses for

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


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 1  and boarding expenses for the service animal; medical expenses

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

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

 4  service such an animal.

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

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

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

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

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

10  pulling a wheelchair, assisting with mobility or balance,

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

12  retrieving objects, or performing other special tasks. A

13  service animal is not a pet.:

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

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

16  purpose of assisting hearing impaired persons.

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

18  for the purposes of assisting or accommodating a disabled

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

20         Section 3.  This act shall take effect July 1, 2005.

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