Senate Bill sb0434e2

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




    CS for CS for SB 434                          Second Engrossed



  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; providing that an individual

  8         with a disability may be accompanied by a

  9         service animal in places of public

10         accommodation; requiring that a service animal

11         be given access to all areas of a public

12         accommodation that the public or customers are

13         normally permitted to occupy; directing that

14         documentation that a service animal is trained

15         may not be a precondition for providing service

16         to an individual accompanied by a service

17         animal; prohibiting a public accommodation from

18         imposing a deposit or surcharge on an

19         individual with a disability as a precondition

20         to permitting a service animal to accompany the

21         individual; providing that an individual with a

22         disability may be liable for damage caused by a

23         service animal; providing that the animal's

24         owner is responsible for the care and

25         supervision of a service animal; providing that

26         the public accommodation is not required to

27         provide care or food or a special location for

28         a service animal; providing that a public

29         accommodation may exclude or remove any animal

30         from the premises if the animal's behavior

31         poses a direct threat to the health and safety


                                  1

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






    CS for CS for SB 434                          Second Engrossed



 1         of others; providing that the trainer of a

 2         service animal has the same rights and

 3         privileges as a person with a disability while

 4         training the service animal; providing that a

 5         housing accommodation may request proof of

 6         compliance with vaccination requirements;

 7         amending s. 413.081, F.S.; conforming

 8         provisions to changes made by the act;

 9         directing the Florida Americans with

10         Disabilities Act Working Group and the

11         Commission on Human Relations to provide

12         recommendations to the Executive Office of the

13         Governor; 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 an individual with a disability;

20  physically disabled persons; use of a dog guides or service

21  animal dogs or nonhuman primates of the genus Cebus;

22  discrimination in public employment or housing accommodations;

23  penalties.--

24         (1)  As used in ss. 413.08 and 413.081, 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 the home,

28  residence, or sleeping place of one or more persons, but does

29  not include any single-family residence, the occupants of

30  which rent, lease, or furnish for compensation not more than

31  one room therein.


                                  2

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






    CS for CS for SB 434                          Second Engrossed



 1         (b)  "Individual with a disability" means a person who

 2  is deaf, hard of hearing, blind, visually impaired, or

 3  otherwise physically disabled. As used in this paragraph, the

 4  term:

 5         1.  "Hard of hearing" means an individual who has

 6  suffered a permanent hearing impairment that is severe enough

 7  to necessitate the use of amplification devices to

 8  discriminate speech sounds in verbal communication.

 9         2.  "Physically disabled" means any person who has a

10  physical impairment that substantially limits one or more

11  major life activities.

12         (c)  "Public accommodation" means a common carrier,

13  airplane, motor vehicle, railroad train, motor bus, streetcar,

14  boat, or other public conveyance or mode of transportation;

15  hotel; lodging place; place of public accommodation,

16  amusement, or resort; and other places to which the general

17  public is invited, subject only to the conditions and

18  limitations established by law and applicable alike to all

19  persons.

20         (d)  "Service animal" means an animal that is trained

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

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

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

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

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

26  having a seizure, retrieving objects, or performing other

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

28         (2)(1)(a)  An individual with a disability is The deaf,

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

30  physically disabled are entitled to full and equal

31  accommodations, advantages, facilities, and privileges in on


                                  3

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






    CS for CS for SB 434                          Second Engrossed



 1  all public accommodations common carriers, airplanes, motor

 2  vehicles, railroad trains, motor buses, streetcars, boats, and

 3  other public conveyances or modes of transportation and at

 4  hotels, lodging places, places of public accommodation,

 5  amusement, or resort, and other places to which the general

 6  public is invited, subject only to the conditions and

 7  limitations established by law and applicable alike to all

 8  persons. This section does not require any person, firm,

 9  business, or corporation, or any agent thereof, to modify or

10  provide any vehicle, premises, facility, or service to a

11  higher degree of accommodation than is required for a person

12  not so disabled.

13         (3)(b)  An individual with a disability Every deaf or

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

15  person who is subject to epilepsy or other such seizure

16  disorders, or physically disabled person has the right to be

17  accompanied by a dog guide or service animal dog, specially

18  trained for the purpose, in all areas of a public

19  accommodation that the public or customers are normally

20  permitted to occupy any of the places listed in paragraph (a)

21  without being required to pay an extra charge for the dog

22  guide or service dog; however, such a person is liable for any

23  damage done to the premises or facilities by such a dog. The

24  dog guide or service dog must be capable of being properly

25  identified as being from a recognized school for seeing-eye

26  dogs, hearing-ear dogs, service dogs, including, but not

27  limited to, seizure-alert and seizure-response dogs, or guide

28  dogs.

29         (a)  Documentation that the service animal is trained

30  is not a precondition for providing service to an individual

31  accompanied by a service animal. A public accommodation may


                                  4

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






    CS for CS for SB 434                          Second Engrossed



 1  ask if an animal is a service animal or what tasks the animal

 2  has been trained to perform in order to determine the

 3  difference between a service animal and a pet.

 4         (b)  A public accommodation may not impose a deposit or

 5  surcharge on an individual with a disability as a precondition

 6  to permitting a service animal to accompany the individual

 7  with a disability, even if a deposit is routinely required for

 8  pets.

 9         (c)  An individual with a disability is liable for

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

11  and practice of the public accommodation to charge nondisabled

12  persons for damages caused by their pets.

13         (d)  The care or supervision of a service animal is the

14  responsibility of the individual owner. A public accommodation

15  is not required to provide care or food or a special location

16  for the service animal or assistance with removing animal

17  excrement.

18         (e)  A public accommodation may exclude or remove any

19  animal from the premises, including a service animal, if the

20  animal's behavior poses a direct threat to the health and

21  safety of others. Allergies and fear of animals are not valid

22  reasons for denying access or refusing service to an

23  individual with a service animal. If a service animal is

24  excluded or removed for being a direct threat to others, the

25  public accommodation must provide the individual with a

26  disability the option of continuing access to the public

27  accommodation without having the service animal on the

28  premises.

29         (c)  Every person with paraplegia or quadriplegia has

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

31  Cebus, specially trained for the purpose of providing personal


                                  5

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






    CS for CS for SB 434                          Second Engrossed



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

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

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

 4  to the premises or facilities by such nonhuman primate.

 5         (4)(2)  Any person, firm, or corporation, or the agent

 6  of any person, firm, or corporation, who denies or interferes

 7  with admittance to, or enjoyment of, a the public

 8  accommodation facilities enumerated in subsection (1) or

 9  otherwise interferes with the rights of an individual with a

10  disability a deaf person, a hard of hearing person, a totally

11  or partially blind person, a person who is subject to epilepsy

12  or other such seizure disorders, or an otherwise physically

13  disabled person under this section, or the trainer of a dog

14  guide or service animal dog while engaged in the training of

15  such an animal such a dog pursuant to subsection (8) (7),

16  commits is guilty of a misdemeanor of the second degree,

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

18         (5)(3)  It is the policy of this state that an

19  individual with a disability the deaf, hard of hearing, blind,

20  visually handicapped, and otherwise physically disabled shall

21  be employed in the service of the state or political

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

23  other employment supported in whole or in part by public

24  funds, and an employer may not refuse employment to such a

25  person the deaf, the hard of hearing, the blind, the visually

26  handicapped, or the otherwise physically disabled on the basis

27  of the disability alone, unless it is shown that the

28  particular disability prevents the satisfactory performance of

29  the work involved.

30         (6)(4)  An individual with a disability is Deaf

31  persons, hard of hearing persons, blind persons, visually


                                  6

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






    CS for CS for SB 434                          Second Engrossed



 1  handicapped persons, and otherwise physically disabled persons

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

 3  the general public, any housing accommodations offered for

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

 5  the conditions and limitations established by law and

 6  applicable alike to all persons.

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

 8  accommodations" means any real property or portion thereof

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

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

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

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

13  furnish for compensation not more than one room therein.

14         (a)(b)  This section does not require any person

15  renting, leasing, or otherwise providing real property for

16  compensation to modify her or his property in any way or

17  provide a higher degree of care for an individual with a

18  disability a deaf person, hard of hearing person, blind

19  person, visually handicapped person, or otherwise physically

20  disabled person than for a person who is not disabled so

21  handicapped.

22         (b)(c)  An individual with a disability Each deaf

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

24  person, or otherwise physically disabled person who has a

25  service animal dog guide, or who obtains a service animal dog

26  guide, is entitled to full and equal access to all housing

27  accommodations provided for in this section, and such a person

28  may shall not be required to pay extra compensation for the

29  service animal dog guide. However, such a person is liable for

30  any damage done to the premises or to another person on the

31  premises by such an animal  a dog guide. A housing


                                  7

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






    CS for CS for SB 434                          Second Engrossed



 1  accommodation may request proof of compliance with vaccination

 2  requirements.

 3         (d)  Each person with paraplegia or quadriplegia who

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

 5  specially trained for the purpose of providing personal care

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

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

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

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

10  done to the premises by such a nonhuman primate.

11         (7)(5)  An Any employer covered under subsection (5)

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

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

14  otherwise physically disabled in employment, unless it is

15  shown that the particular disability prevents the satisfactory

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

17  corporation, or the agent of any person, firm, or corporation,

18  providing housing accommodations as provided in subsection

19  (6)(4) who discriminates against an individual with a

20  disability commits the deaf, hard of hearing, blind, visually

21  handicapped, or otherwise physically disabled is guilty of a

22  misdemeanor of the second degree, punishable as provided in s.

23  775.082 or s. 775.083.

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

25  disabled person" means any person who has a physical

26  impairment that substantially limits one or more major life

27  activities.

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

29  person" means an individual who has suffered a permanent

30  hearing impairment that is severe enough to necessitate the

31  


                                  8

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






    CS for CS for SB 434                          Second Engrossed



 1  use of amplification devices to discriminate speech sounds in

 2  verbal communication.

 3         (8)(7)  Any trainer of a dog guide or service animal

 4  dog, while engaged in the training of such an animal a dog ,

 5  has the same rights and privileges with respect to access to

 6  public facilities and the same liability for damage as is

 7  provided for those persons described in subsection (3)

 8  paragraph (1)(b) accompanied by service animals dog guides or

 9  service dogs.

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

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

12  provide personal care services to a person with paraplegia or

13  quadriplegia, has the same rights and privileges with respect

14  to access to public facilities and the same liability for

15  damage as is provided for a person with paraplegia or

16  quadriplegia who is accompanied by nonhuman primates of the

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

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

19  of a training organization, and does not include volunteers

20  chosen to raise the animals.

21         Section 2.  Section 413.081, Florida Statutes, is

22  amended to read:

23         413.081  Interference with or injury to a guide dog or

24  service animal; penalties; restitution.--

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

26  interferes with, or permits a dog that he or she owns or is in

27  the immediate control of to interfere, with, the use of a

28  guide dog or service animal by obstructing, intimidating, or

29  otherwise jeopardizing the safety of the service animal or its

30  user commits is guilty of  a misdemeanor of the second degree

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


                                  9

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






    CS for CS for SB 434                          Second Engrossed



 1  for each subsequent offense, punishable as provided in s.

 2  775.082 or s. 775.083.

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

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

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

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

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

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

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

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

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

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

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

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

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

16  to the offense, including incidental and consequential damages

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

18         (b)  Restitution includes the value of the service

19  animal; replacement and training or retraining expenses for

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

21  and boarding expenses for the service animal; medical expenses

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

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

24  service such an animal.

25         (5)  As used in this section, the term:

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

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

28  purpose of assisting hearing impaired persons.

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

30  for the purposes of assisting or accommodating a disabled

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


                                  10

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






    CS for CS for SB 434                          Second Engrossed



 1         Section 3.  The Florida Americans with Disabilities Act

 2  Working Group and the Commission on Human Relations, jointly,

 3  are directed to provide to the Executive Office of the

 4  Governor recommendations that identify specific policies that

 5  the state can implement to ensure the effectiveness of this

 6  act and improve access for individuals with disabilities who

 7  are accompanied by service animals.

 8         Section 4.  This act shall take effect July 1, 2005.

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  11

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