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.