Senate Bill sb0218c1

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    Florida Senate - 2002                            CS for SB 218

    By the Committee on Commerce and Economic Opportunities; and
    Senator Cowin




    310-762-02

  1                      A bill to be entitled

  2         An act relating to the rights of physically

  3         disabled persons; amending s. 413.08, F.S.;

  4         extending to people who have seizure disorders

  5         the right to be accompanied by a trained

  6         service dog in specified circumstances;

  7         providing penalties for violations of this

  8         section; conforming a provision relating to

  9         trainers of service dogs; providing an

10         effective date.

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

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14         Section 1.  Section 413.08, Florida Statutes, is

15  amended to read:

16         413.08  Rights of physically disabled persons; use of

17  dog guides or service dogs or nonhuman primates of the genus

18  Cebus; discrimination in public employment or housing

19  accommodations; penalties.--

20         (1)(a)  The deaf, hard of hearing, blind, visually

21  handicapped, and otherwise physically disabled are entitled to

22  full and equal accommodations, advantages, facilities, and

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

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

25  public conveyances or modes of transportation and at hotels,

26  lodging places, places of public accommodation, amusement, or

27  resort, and other places to which the general public is

28  invited, subject only to the conditions and limitations

29  established by law and applicable alike to all persons.

30  Nothing in This section does not shall require any person,

31  firm, or corporation, or any agent thereof, to modify or

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    Florida Senate - 2002                            CS for SB 218
    310-762-02




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

  2  higher degree of accommodation than is required for a person

  3  not so disabled.

  4         (b)  Every deaf or hard of hearing person, totally or

  5  partially blind person, person who is subject to epilepsy or

  6  other such seizure disorders, or physically disabled person

  7  has shall have the right to be accompanied by a dog guide or

  8  service dog, specially trained for the purpose, in any of the

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

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

11  such a person is shall be liable for any damage done to the

12  premises or facilities by such a dog. The dog guide or service

13  dog must be capable of being properly identified as being from

14  a recognized school for seeing-eye dogs, hearing-ear dogs,

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

16  seizure-response dogs, or guide dogs.

17         (c)  Every person with paraplegia or quadriplegia has

18  shall have the right to be accompanied by a nonhuman primate

19  of the genus Cebus, specially trained for the purpose of

20  providing personal care services, in any of the places listed

21  in paragraph (a) without being required to pay an extra charge

22  for the nonhuman primate; however, such a person is shall be

23  liable for any damage done to the premises or facilities by

24  such nonhuman primate.

25         (2)  Any person, firm, or corporation, or the agent of

26  any person, firm, or corporation, who denies or interferes

27  with admittance to, or enjoyment of, the public facilities

28  enumerated in subsection (1) or otherwise interferes with the

29  rights of a deaf person, a hard of hearing person, a totally

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

31  or other such seizure disorders, or an otherwise physically

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    Florida Senate - 2002                            CS for SB 218
    310-762-02




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

  2  guide or service dog while engaged in the training of such a

  3  dog pursuant to subsection (7), is guilty of a misdemeanor of

  4  the second degree, punishable as provided in s. 775.082 or s.

  5  775.083.

  6         (3)  It is the policy of this state that the deaf, hard

  7  of hearing, blind, visually handicapped, and otherwise

  8  physically disabled shall be employed in the service of the

  9  state or political subdivisions of the state, in the public

10  schools, and in all other employment supported in whole or in

11  part by public funds, and an no employer may not shall refuse

12  employment to the deaf, the hard of hearing, the blind, the

13  visually handicapped, or the otherwise physically disabled on

14  the basis of the disability alone, unless it is shown that the

15  particular disability prevents the satisfactory performance of

16  the work involved.

17         (4)  Deaf persons, hard of hearing persons, blind

18  persons, visually handicapped persons, and otherwise

19  physically disabled persons are shall be entitled to rent,

20  lease, or purchase, as other members of the general public,

21  any housing accommodations offered for rent, lease, or other

22  compensation in this state, subject to the conditions and

23  limitations established by law and applicable alike to all

24  persons.

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

26  accommodations" means any real property or portion thereof

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

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

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

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

31  furnish for compensation not more than one room therein.

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    Florida Senate - 2002                            CS for SB 218
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  1         (b)  Nothing in This section does not shall require any

  2  person renting, leasing, or otherwise providing real property

  3  for compensation to modify her or his property in any way or

  4  provide a higher degree of care for a deaf person, hard of

  5  hearing person, blind person, visually handicapped person, or

  6  otherwise physically disabled person than for a person who is

  7  not so handicapped.

  8         (c)  Each deaf person, hard of hearing person, totally

  9  or partially blind person, or otherwise physically disabled

10  person who has a dog guide, or who obtains a dog guide, is

11  shall be entitled to full and equal access to all housing

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

13  shall not be required to pay extra compensation for the such

14  dog guide.  However, such a person is shall be liable for any

15  damage done to the premises by such a dog guide.

16         (d)  Each person with paraplegia or quadriplegia who

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

18  specially trained for the purpose of providing personal care

19  services, is shall be entitled to full and equal access to all

20  housing accommodations provided for in this section, and she

21  or he shall not be required to pay extra compensation for such

22  a nonhuman primate. However, the such person is shall be

23  liable for any damage done to the premises by such a nonhuman

24  primate.

25         (5)  Any employer covered under subsection (3) who

26  discriminates against the deaf, hard of hearing, blind,

27  visually handicapped, or otherwise physically disabled in

28  employment, unless it is shown that the particular disability

29  prevents the satisfactory performance of the work involved, or

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

31  firm, or corporation, providing housing accommodations as

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    Florida Senate - 2002                            CS for SB 218
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  1  provided in subsection (4) who discriminates against the deaf,

  2  hard of hearing, blind, visually handicapped, or otherwise

  3  physically disabled is guilty of a misdemeanor of the second

  4  degree, punishable as provided in s. 775.082 or s. 775.083.

  5         (6)(a)  As used in For the purposes of this section,

  6  the term "physically disabled person" means any person who has

  7  having a physical impairment that substantially limits one or

  8  more major life activities.

  9         (b)  As used in For the purposes of this section, the

10  term "hard of hearing person" means an individual who has

11  suffered a permanent hearing impairment that which is severe

12  enough to necessitate the use of amplification devices to

13  discriminate speech sounds in verbal communication.

14         (7)  Any trainer of a dog guide or service dog, while

15  engaged in the training of such a dog, has the same rights and

16  privileges with respect to access to public facilities and the

17  same liability for damage as is provided for those deaf or

18  hard of hearing or blind or mobility impaired persons

19  described in paragraph (1)(b) accompanied by dog guides or

20  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 persons with paraplegia or

27  quadriplegia who is accompanied by nonhuman primates of the

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

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

30  employee of a training organization, and does not include

31  volunteers chosen to raise the animals.

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    Florida Senate - 2002                            CS for SB 218
    310-762-02




  1         Section 2.  This act shall take effect July 1, 2002.

  2

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                         Senate Bill 218

  5

  6  The committee substitute extends the criminal penalties under
    current law, which enforce the rights of disabled persons, to
  7  enforce the right of a person who is subject to epilepsy or
    other such seizure disorders to be accompanied by a service
  8  dog in a public facility; clarifies that seizure-alert and
    seizure-response dogs are types of service dogs; extends to
  9  trainers of seizure-alert and seizure-response dogs the right
    granted under current law for trainers of service dogs to be
10  accompanied by such dogs while engaged in training; and
    clarifies that the rights of trainers of service dogs for deaf
11  or hard of hearing, blind, or mobility impaired persons apply
    to trainers of service dogs for partially blind persons and
12  physically disabled persons who are not mobility impaired.

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