Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 208
Barcode 907230
LEGISLATIVE ACTION
Senate . House
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The Committee on Children, Families, and Elder Affairs (Rich)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (g) of subsection (3) and subsection
6 (5) of section 393.13, Florida Statutes, are amended to read:
7 393.13 Treatment of persons with developmental
8 disabilities.—
9 (3) RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL DISABILITIES.
10 The rights described in this subsection shall apply to all
11 persons with developmental disabilities, whether or not such
12 persons are clients of the agency.
13 (g) Persons with developmental disabilities shall have a
14 right to be free from harm, including unnecessary physical,
15 chemical, or mechanical restraint, isolation, excessive
16 medication, abuse, or negligence neglect.
17 (5) LIABILITY FOR VIOLATIONS.—An individual or entity that
18 Any person who violates or abuses any rights or privileges of
19 persons with developmental disabilities as provided by this
20 chapter is liable for damages as determined by law. An
21 individual or entity acting Any person who acts in good faith
22 compliance with the provisions of this chapter is immune from
23 civil or criminal liability for actions in connection with the
24 evaluation, admission, habilitative programming, education,
25 treatment, or discharge of a client. However, this subsection
26 section does not relieve an individual or entity any person from
27 liability if the individual or entity person is commits an act
28 of guilty of negligence, misfeasance, nonfeasance, or
29 malfeasance.
30 Section 2. Subsection (9) is added to section 413.08,
31 Florida Statutes, to read:
32 413.08 Rights of an individual with a disability; use of a
33 service animal; discrimination in public employment or housing
34 accommodations; penalties.—
35 (9) A person aggrieved by a violation of this section has a
36 right of action pursuant to s. 760.11.
37 Section 3. Section 509.092, Florida Statutes, is amended to
38 read:
39 509.092 Public lodging establishments and public food
40 service establishments; rights as private enterprises.—Public
41 lodging establishments and public food service establishments
42 are private enterprises, and the operator has the right to
43 refuse accommodations or service to any person who is
44 objectionable or undesirable to the operator, but such refusal
45 may not be based upon race, creed, color, sex, physical
46 disability, or national origin. A person aggrieved by a
47 violation of this section or a violation of a rule adopted under
48 this section has a right of action pursuant to s. 760.11.
49 Section 4. Section 553.513, Florida Statutes, is amended to
50 read:
51 553.513 Enforcement.—
52 (a) It shall be the responsibility of each local government
53 and each code enforcement agency established pursuant to s.
54 553.80 to enforce the provisions of this part. This act
55 expressly preempts the establishment of handicapped
56 accessibility standards to the state and supersedes any county
57 or municipal ordinance on the subject. However, nothing in this
58 section shall prohibit municipalities and counties from
59 enforcing the provisions of this act.
60 (b) A person aggrieved by a violation of this part or a
61 violation of a rule adopted under this part has a right of
62 action pursuant to s. 760.11.
63 Section 5. Subsections (1) and (2) of section 760.01,
64 Florida Statutes, are amended to read:
65 760.01 Purposes; construction; title.—
66 (1) This part Sections 760.01-760.11 and s. 509.092 may
67 shall be cited as the “Florida Civil Rights Act of 1992.”
68 (2) The general purposes of the Florida Civil Rights Act of
69 1992 are to secure for all individuals within the state freedom
70 from discrimination because of race, color, religion, sex,
71 national origin, age, disability handicap, or marital status and
72 thereby to protect their interest in personal dignity, to make
73 available to the state their full productive capacities, to
74 secure the state against domestic strife and unrest, to preserve
75 the public safety, health, and general welfare, and to promote
76 the interests, rights, and privileges of individuals within the
77 state.
78 Section 6. Section 760.02, Florida Statutes, is reordered
79 and amended to read:
80 760.02 Definitions.—For the purposes of this part ss.
81 760.01-760.11 and s. 509.092, the term:
82 (8)(1) “Florida Civil Rights Act of 1992” means the
83 provisions of this part and s. ss. 760.01-760.11 and 509.092.
84 (2) “Commission” means the Florida Commission on Human
85 Relations created by s. 760.03.
86 (3) “Commissioner” or “member” means a member of the
87 commission.
88 (4) “Disability” means:
89 (a) A person has a physical or mental impairment which
90 substantially limits one or more major life activities, or he or
91 she has a record of having, or is regarded as having, such
92 physical or mental impairment; or
93 (b) A person has a developmental disability as defined in
94 s. 393.063.
95 (5)(4) “Discriminatory practice” means any practice made
96 unlawful by the Florida Civil Rights Act of 1992.
97 (10)(5) “National origin” includes ancestry.
98 (11)(6) “Person” includes an individual, association,
99 corporation, joint apprenticeship committee, joint-stock
100 company, labor union, legal representative, mutual company,
101 partnership, receiver, trust, trustee in bankruptcy, or
102 unincorporated organization; any other legal or commercial
103 entity; the state; or any governmental entity or agency.
104 (6)(7) “Employer” means any person employing 15 or more
105 employees for each working day in each of 20 or more calendar
106 weeks in the current or preceding calendar year, and any agent
107 of such a person.
108 (7)(8) “Employment agency” means any person regularly
109 undertaking, with or without compensation, to procure employees
110 for an employer or to procure for employees opportunities to
111 work for an employer, and includes an agent of such a person.
112 (9) “Labor organization” means any organization that which
113 exists for the purpose, in whole or in part, of collective
114 bargaining or of dealing with employers concerning grievances,
115 terms or conditions of employment, or other mutual aid or
116 protection in connection with employment.
117 (1)(10) “Aggrieved person” means any person who files a
118 complaint with the Human Relations commission.
119 (12)(11) “Public accommodations” means places of public
120 accommodation, lodgings, facilities principally engaged in
121 selling food for consumption on the premises, gasoline stations,
122 places of exhibition or entertainment, and other covered
123 establishments. The term includes Each of the following
124 establishments which serves the public is a place of public
125 accommodation within the meaning of this section:
126 (a) An Any inn, hotel, motel, or other establishment which
127 provides lodging to transient guests, other than an
128 establishment located within a building which contains not more
129 than four rooms for rent or hire and which is actually occupied
130 by the proprietor of such establishment as his or her residence.
131 (b) A Any restaurant, cafeteria, lunchroom, lunch counter,
132 soda fountain, or other facility principally engaged in selling
133 food for consumption on the premises, including, but not limited
134 to, any such facility located on the premises of any retail
135 establishment, or any gasoline station.
136 (c) A Any motion picture theater, theater, concert hall,
137 sports arena, stadium, or other place of exhibition or
138 entertainment.
139 (d) An Any establishment that which is physically located
140 within the premises of an any establishment otherwise covered by
141 this subsection, or within the premises of which is physically
142 located any such covered establishment, and that which holds
143 itself out as serving patrons of such covered establishment.
144 For the purposes of the Floridians with Disabilities Act
145 under s. 760.15, the term also includes a facility or entity
146 included in the definition of the term “place of public
147 accommodation” under Title III of the federal Americans with
148 Disabilities Act, whichever is more inclusive.
149 Section 7. Section 760.05, Florida Statutes, is amended to
150 read:
151 760.05 Functions of the commission.—The commission shall
152 promote and encourage fair treatment and equal opportunity for
153 all persons regardless of race, color, religion, sex, national
154 origin, age, disability handicap, or marital status and mutual
155 understanding and respect among all members of all economic,
156 social, racial, religious, and ethnic groups; and shall endeavor
157 to eliminate discrimination against, and antagonism between,
158 religious, racial, and ethnic groups and their members.
159 Section 8. Section 760.07, Florida Statutes, is amended to
160 read:
161 760.07 Remedies for unlawful discrimination.—Any violation
162 of any state law Florida statute making unlawful discrimination
163 because of race, color, religion, gender, national origin, age,
164 disability handicap, or marital status in the areas of
165 education, employment, housing, or public accommodations gives
166 rise to a cause of action for all relief and damages described
167 in s. 760.11(5), unless greater damages are expressly provided
168 for. If the law statute prohibiting unlawful discrimination
169 provides an administrative remedy, the action for equitable
170 relief and damages provided for in this section may be initiated
171 only after the plaintiff has exhausted his or her administrative
172 remedy. The term “public accommodations” does not include lodge
173 halls or other similar facilities of private organizations which
174 are made available for public use occasionally or periodically.
175 The right to trial by jury is preserved in any case in which the
176 plaintiff is seeking actual or punitive damages.
177 Section 9. Section 760.08, Florida Statutes, is amended to
178 read:
179 760.08 Discrimination in places of public accommodation.
180 All persons are shall be entitled to the full and equal
181 enjoyment of the goods, services, facilities, privileges,
182 advantages, and accommodations of any place of public
183 accommodation, as defined in this chapter, without
184 discrimination or segregation on the ground of race, color,
185 national origin, sex, disability handicap, familial status, or
186 religion.
187 Section 10. Section 760.10, Florida Statutes, is amended to
188 read:
189 760.10 Unlawful employment practices.—
190 (1) It is an unlawful employment practice for an employer
191 to:
192 (a) To Discharge or to fail or refuse to hire any
193 individual, or otherwise to discriminate against any individual
194 with respect to compensation, terms, conditions, or privileges
195 of employment, because of such individual’s race, color,
196 religion, sex, national origin, age, disability handicap, or
197 marital status.
198 (b) To Limit, segregate, or classify employees or
199 applicants for employment in any way that deprives which would
200 deprive or tends tend to deprive any individual of employment
201 opportunities, or adversely affects affect any individual’s
202 status as an employee, because of his or her such individual’s
203 race, color, religion, sex, national origin, age, disability
204 handicap, or marital status.
205 (2) It is an unlawful employment practice for an employment
206 agency to fail or refuse to refer for employment, or otherwise
207 to discriminate against, any individual because of race, color,
208 religion, sex, national origin, age, disability handicap, or
209 marital status or to classify or refer for employment any
210 individual on the basis of race, color, religion, sex, national
211 origin, age, disability handicap, or marital status.
212 (3) It is an unlawful employment practice for a labor
213 organization to:
214 (a) To Exclude or to expel from its membership, or
215 otherwise to discriminate against, any individual because of
216 race, color, religion, sex, national origin, age, disability
217 handicap, or marital status.
218 (b) To Limit, segregate, or classify its membership or
219 applicants for membership, or to classify or fail or refuse to
220 refer for employment any individual, in any way that deprives
221 which would deprive or tends tend to deprive any individual of
222 employment opportunities, or adversely affects affect any
223 individual’s status as an employee or as an applicant for
224 employment, because of such individual’s race, color, religion,
225 sex, national origin, age, disability handicap, or marital
226 status.
227 (c) To Cause or attempt to cause an employer to
228 discriminate against an individual in violation of this section.
229 (4) It is an unlawful employment practice for an any
230 employer, labor organization, or joint labor-management
231 committee controlling apprenticeship or other training or
232 retraining, including on-the-job training programs, to
233 discriminate against any individual because of race, color,
234 religion, sex, national origin, age, disability handicap, or
235 marital status in admission to, or employment in, any program
236 established to provide apprenticeship or other training.
237 (5) If Whenever, in order to engage in a profession,
238 occupation, or trade, it is required that a person must receive
239 a license, certification, or other credential;, become a member
240 or an associate of any club, association, or other
241 organization;, or pass an any examination, it is an unlawful
242 employment practice for any person to discriminate against any
243 other person seeking such license, certification, or other
244 credential;, seeking to become a member or associate of such
245 club, association, or other organization;, or seeking to take or
246 pass such examination, because of such other person’s race,
247 color, religion, sex, national origin, age, disability handicap,
248 or marital status.
249 (6) It is an unlawful employment practice for an employer,
250 labor organization, employment agency, or joint labor-management
251 committee to print, or cause to be printed or published, any
252 notice or advertisement relating to employment, membership,
253 classification, referral for employment, or apprenticeship or
254 other training, indicating any preference, limitation,
255 specification, or discrimination, based on race, color,
256 religion, sex, national origin, age, absence of disability
257 handicap, or marital status.
258 (7) It is an unlawful employment practice for an employer,
259 an employment agency, a joint labor-management committee, or a
260 labor organization to discriminate against any person because
261 that person has opposed any practice that which is an unlawful
262 employment practice under this section, or because that person
263 has made a charge, testified, assisted, or participated in any
264 manner in an investigation, proceeding, or hearing under this
265 section.
266 (8) Notwithstanding any other provision of this section, it
267 is not an unlawful employment practice under this part ss.
268 760.01-760.10 for an employer, employment agency, labor
269 organization, or joint labor-management committee to:
270 (a) Take or fail to take any action on the basis of
271 religion, sex, national origin, age, disability handicap, or
272 marital status in those certain instances in which religion,
273 sex, national origin, age, absence of a particular disability
274 handicap, or marital status is a bona fide occupational
275 qualification reasonably necessary for the performance of the
276 particular employment to which such action or inaction is
277 related.
278 (b) Observe the terms of a bona fide seniority system, a
279 bona fide employee benefit plan, such as a retirement, pension,
280 or insurance plan, or a system that which measures earnings by
281 quantity or quality of production and, which is not designed,
282 intended, or used to evade the purposes of this part ss. 760.01
283 760.10. However, no such employee benefit plan or system that
284 which measures earnings does not shall excuse the failure to
285 hire, and no such seniority system, employee benefit plan, or
286 system that which measures earnings does not shall excuse the
287 involuntary retirement of, any individual on the basis of any
288 factor not related to the ability of such individual to perform
289 the particular employment for which the such individual has
290 applied or in which the such individual is engaged. This
291 subsection does shall not prohibit be construed to make unlawful
292 the rejection or termination of employment if when the
293 individual applicant or employee has failed to meet bona fide
294 requirements for the job or position sought or held or to
295 require any changes in any bona fide retirement or pension
296 programs or existing collective bargaining agreements during the
297 life of the contract, and or for 2 years after October 1, 1981,
298 whichever occurs first, nor shall this part does not act
299 preclude such physical and medical examinations of applicants
300 and employees as an employer may require of applicants and
301 employees to determine fitness for the job or position sought or
302 held.
303 (c) Take or fail to take any action on the basis of age,
304 pursuant to law or regulation governing any employment or
305 training program designed to benefit persons of a particular age
306 group.
307 (d) Take or fail to take any action on the basis of marital
308 status if that status is prohibited under its antinepotism
309 policy.
310 (9) This section does shall not apply to any religious
311 corporation, association, educational institution, or society
312 that which conditions opportunities in the area of employment or
313 public accommodation to members of that religious corporation,
314 association, educational institution, or society or to persons
315 who subscribe to its tenets or beliefs. This section does shall
316 not prohibit a religious corporation, association, educational
317 institution, or society from giving preference in employment to
318 individuals of a particular religion to perform work connected
319 with the carrying on by such corporations, associations,
320 educational institutions, or societies of its various
321 activities.
322 (10) Each employer, employment agency, and labor
323 organization shall post and keep posted in conspicuous places
324 upon its premises a notice provided by the commission setting
325 forth such information as the commission deems appropriate to
326 effectuate the purposes of this part ss. 760.01-760.10.
327 Section 11. Subsection (1) of section 760.11, Florida
328 Statutes, is amended to read:
329 760.11 Administrative and civil remedies; construction.—
330 (1) Any person aggrieved by a violation of this part,
331 including the Floridians with Disabilities Act, ss. 760.01
332 760.10 may file a complaint with the commission within 365 days
333 after of the alleged violation, naming the employer, employment
334 agency, labor organization, or joint labor-management committee,
335 public accommodation, or, in the case of an alleged violation of
336 s. 760.10(5), the person responsible for the violation and
337 describing the violation. Any person aggrieved by a violation of
338 s. 413.08, s. 509.092, or ss. 553.501-553.513 may file a
339 complaint with the commission within 365 days after of the
340 alleged violation naming the person responsible for the
341 violation and describing the violation. The commission, a
342 commissioner, or the Attorney General may in like manner file
343 such a complaint. On the same day the complaint is filed with
344 the commission, the commission shall clearly stamp on the face
345 of the complaint the date the complaint was filed with the
346 commission on the face of the complaint. In lieu of filing the
347 complaint with the commission, a complaint under this section
348 may be filed with the federal Equal Employment Opportunity
349 Commission or with any unit of government of the state agency
350 that which is a fair-employment-practice agency under 29 C.F.R.
351 ss. 1601.70-1601.80. If the date the complaint is filed is
352 clearly stamped on the face of the complaint, that date is the
353 date of filing. The date the complaint is filed with the
354 commission for purposes of this section is the earliest date of
355 filing with the Equal Employment Opportunity Commission, the
356 fair-employment-practice agency, or the commission. The
357 complaint must shall contain a short and plain statement of the
358 facts describing the violation and the relief sought. The
359 commission may require additional information to be in the
360 complaint. The commission, Within 5 days after of the complaint
361 is being filed, the commission shall by registered mail send a
362 copy of the complaint by registered mail to the person who
363 allegedly committed the violation. The person who allegedly
364 committed the violation may file an answer to the complaint
365 within 25 days after of the date the complaint was filed with
366 the commission. Any answer filed must shall be mailed to the
367 aggrieved person by the person filing the answer. Both The
368 complaint and the answer must shall be verified.
369 Section 12. Section 760.15, Florida Statutes, is created to
370 read:
371 760.15 Floridians with Disabilities Act.—
372 (1) This section may be cited as the “Floridians with
373 Disabilities Act.”
374 (2) The Legislature finds that, while the federal Americans
375 with Disabilities Act applies to state and local government
376 agencies and to many private entities within this state, there
377 remain many barriers that prevent persons with disabilities from
378 accessing the full range of public and private programs and
379 services otherwise available in this state to persons without
380 disabilities. The Legislature, therefore, intends to promote a
381 greater awareness by the state’s public and private entities of
382 their obligations under the federal act by enacting the
383 Americans with Disabilities Act as the law of this state by
384 making the civil and administrative remedies of the Florida
385 Civil Rights Act of 1992 available to redress violations of the
386 federal act.
387 (3) The federal Americans with Disabilities Act of 1990, as
388 amended by the Americans with Disabilities Amendments Act of
389 2008, is adopted as the law of this state and made part of the
390 Florida Civil Rights Act of 1992, to be administered by the
391 Florida Commission on Human Relations.
392 (4) The provisions of this part, including the civil and
393 administrative remedies for alleged violations, apply to this
394 section, unless expressly exempted.
395 (5) An individual may not seek relief under this section if
396 he or she has commenced an action in state or federal court
397 under the federal Americans with Disabilities Act.
398 (6) This section does not expand substantive protections
399 against discrimination based on disability beyond those provided
400 in the federal Americans with Disabilities Act or in other
401 sections of state law.
402 Section 13. This act shall take effect July 1, 2011.
403
404
405 ================= T I T L E A M E N D M E N T ================
406 And the title is amended as follows:
407 Delete everything before the enacting clause
408 and insert:
409 A bill to be entitled
410 An act relating to persons with disabilities; amending s.
411 393.13, F.S.; providing that persons with developmental
412 disabilities have a right to be free from negligence; specifying
413 that entities as well as individuals are liable for damages;
414 amending s. 413.08, F.S., providing that that persons have a
415 right of action for a violation of the section; amending s.
416 509.092, F.S.; prohibiting the operator of a public lodging or
417 food establishment from discriminating on the basis of
418 disability; amending s. 553.513, F.S., providing that persons
419 have a right of action for a violation of part I of ch. 553,
420 F.S.; amending s. 760.01, F.S.; conforming provisions to changes
421 made by the act; substituting the term “disability” for the term
422 “handicap”; reordering and amending s. 760.02, F.S.; conforming
423 provisions to changes made by the act; defining the term
424 “disability”; redefining the term “public accommodations”;
425 amending ss. 760.05, 760.07, 760.08, and 760.10, F.S.;
426 conforming provisions to changes made by the act; substituting
427 the term “disability” for the term “handicap”; amending s.
428 760.11, F.S.; applying administrative and civil remedies
429 available under the Florida Civil Rights Act of 1992 to certain
430 violations against persons with disabilities; creating s.
431 760.15, F.S.; creating the “Floridians with Disabilities Act”;
432 providing legislative intent; adopting the federal Americans
433 with Disabilities Act into state law and making it part of the
434 Florida Civil Rights Act of 1992; providing an effective date.