Florida/Georgia Personal Injury & Workers Compensation

...evy County (“the County”), Judge Frederick Smith, and Sheriff Ted Glass, alleging violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 , et seq.; 42 U.S.C. § 1983 ; the Florida Civil Rights Act; and Florida Statutes § 413.08....

...ety, compliance with the applicable procedures for entry into the MRI room and the preclusion of 3 The next day, Sheely filed a complaint with the police about the incident, alleging that MRN was in violation of Florida Statute § 413.08(3), which provides that “[a]n individual with a disability has the right to be accompanied by a service animal in all areas of a public accommodation that the public or customers are normally permitted to occupy.” Although the police re...

...n Act, 29 U.S.C. § 794 (“RA”). Finally, count three sought the same relief, plus punitive damages and interest, under the Florida Civil Rights Act, Fla. Stat. § 760.01 et seq. (“FCRA”), and Florida’s service animal statute, Fla. Stat. § 413.08. On April 20, 2006, almost nine months into the lawsuit and after eight months of discovery and nearly five months of mediation that ended in stalemate, MRN moved for summary judgment, announcing that, two days earlier, it had im...

...ent to MRN on Sheely’s state law claim under the Florida Civil Rights Act, Fla. Stat. §760.01 et seq. (“FCRA”). That statute provides for a private right of action for violation of any Florida discrimination statute, and Florida Statutes §§ 413.08 and 413.081, in turn, provide that disabled individuals have the right to be accompanied by service animals in places of public accommodation. The district court held that the FCRA’s narrow definition of “public accommodation” does not apply to MRN, and that Sheely may not “import” § 413.08’s broader definition of “public accommodation” into the FCRA....

...Instead, she notes that MRN is a place of public accommodation under Florida’s separate service animal statute, and argues that this provides her with a private right of action against MRN under the FCRA. We are not persuaded. Florida Statute § 413.08 provides that “[a]n individual with a disability has the right to be accompanied by a service animal in all areas of a public accommodation that the public or customers are normally permitted to occupy,” id. § 413.08(3), and defines “public accommodation” broadly to include “places to which the general public is invited,” id. § 413.08(1)(c)....

...tion in places of public accommodation 58 unlawful, § 760.02 of the FCRA expressly states that its narrow definition of “public accommodation” applies to § 760.07. Sheely therefore may not import § 413.08’s broader definition of “public accommodation” into the FCRA. As the district court noted, this conclusion does not gut § 760.07. If MRN were a lodging, food, or entertainment establishment, § 760.07 would provide a private right of action for a violation of § 413.08. Moreover, Sheely has failed to exhaust her administrative remedies under the FCRA....

...To dissolve that presumption in the public sector, the Florida legislature forbids public employers to refuse an applicant employment because of his blindness alone, "unless it is shown" that blindness prevents satisfactory performance of the work. Section 413.08(3), Florida Statutes (1977)....

...lay County tendered him, then for his blindness denied him, employment as a physical education instructor at Middleburg Elementary School. The court found the federal law inapplicable but held that, in the circumstances of this case, Florida Statute 413.08(3) requires Clay County so to employ Zorick, that he might have the opportunity to demonstrate whether or not he can satisfactorily perform the work of a physical education teacher at Middleburg Elementary School....

...ts training for the United States Olympic Team and supporting himself with Social Security benefits. The plaintiff did not file a complaint until two years later on August 6, 1976. 5. That the Federal Statutes are not applicable in this case in that Section 413.08(3), Florida Statutes, ......

...We affirm the circuit court. I We first consider Zorick's claim that the circuit court erred in declining to recognize his asserted Florida-enforceable rights under federal constitutional and statutory law. In the face of the circuit court's finding that Florida Statute 413.08(3) affords Zorick both a right and a remedy, the implication of Zorick's insistence on asserted federal rights is that they may be greater in substance than that afforded by Section 413.08(3), or at least richer in content given by federal judicial and administrative decisions, and that attorney's fees may flow more readily from federal statutes than from Florida's....

...local employment responsibilities — Zorick's Florida claim is directly traceable to the Constitution, which provides in Section 2 of the Declaration of Rights: No person shall be deprived of any right because of race, religion or physical handicap. Section 413.08(3), Florida Statutes (1977), supra n....

...hools, and no school employer shall refuse employment to the blind "on the basis of the disability alone" unless it is shown that blindness "prevents the satisfactory performance of the work involved." We think it clear, as did the trial court, that Section 413.08(3) creates a private right of action for its enforcement. Girard Trust Co. v. Tampashores Development Co., 95 Fla. 1010, 117 So. 786 (1928); Florida Constitution, Article I, Section 21. "Unless it is shown" is the heart of Section 413.08(3)....

...rform satisfactorily tasks previously reserved for the fully ablebodied. Incapacity due to a physical handicap must be "shown". "Unless it is shown" does not refer alone to the quality of proof to be offered by an employer defending litigation under section 413.08(3), following a decision not to employ....

...eguards, fully explored all relevant facts, opposing views, and possible alternatives, and as a result of that exploration makes an ultimate decision which reflects that exploration, then the decision is made and made well; and the court considering section 413.08(3) will declare the decision rational, and be not concerned with whether it is also correct and wise. See Hill v. State, 358 So.2d 190, 209 (Fla. 1st DCA 1978); State ex rel. The Tallahassee Democrat, Inc. v. Cooksey, 371 So.2d 207, p. 210 (Fla. 1st DCA 1979). III By the standard of section 413.08(3), it was not "shown" in the circumstances of the school officials' decision to refuse Zorick the tendered employment, that Zorick was and is incapable, by reason of his blindness, to perform satisfactorily....

...The decision to withdraw the employment offer was based, not on any identifiable experience of school administrators in Clay County or elsewhere, not on a test or interview of Zorick or any trial of his abilities, but on ordinary preconceptions of sighted administrators which section 413.08(3) now makes inoperable....

...nt decided to dart away from the playground. Aside from the fact that Zorick was never employed by the school system of Duval County in the manner provided by law, Section 230.33(7)(d), Florida Statutes (1977), I find nothing among the provisions of Section 413.08(3), Florida Statutes (1977), that would authorize or even permit the type of judicial experiment that is now mandated....

...The majority now sets the stage for an unsighted person to require an "on-the-job" opportunity to demonstrate his ability, or lack thereof, to serve as a fireman (presumably another to point the fire hose) or as a vehicular traffic control officer. More need not be said. NOTES [1] Section 413.08(3), Florida Statutes (1977): It is the policy of this state that the deaf, blind, visually handicapped, and otherwise physically disabled shall be employed in the service of the state or political subdivisions of the state, in the publ...

...re or supervision of a service animal is the responsibility of the individual owner. A public accommodation is not required to provide care or food or a special location for the service animal or assistance with removing animal excrement. Fla. Stat. § 413.08 (3)(d) (emphasis added)....

...NOTES [1] An explanatory note concerning procedure and applicable statutory and rule provisions may be of some benefit here. Neither the parties nor the Commission sought to implement or rely upon, either in the proceedings below or on appeal, the provisions of Section 413.08(3), Florida Statutes (1981), which one writer has recently characterized thusly: "The constitutional [Art. I, § 2, Florida Constitution] protection afforded physically handicapped workers in Florida is implemented, for public sector employees, by F.S. § 413.08(3) (1981)." Gibson, Florida's Antidiscrimination Statutes: Time for Reassessment, Vol. 58 Fla.Bar J. 101 (February, 1984). Section 413.08(3) refers to "deaf, blind, visually handicapped, and otherwise physically disabled " persons. (e.s.) That section appears in Part I ("Blind Services Program") of Chapter 413 ("Vocational Rehabilitation") of the Florida Statutes (1981). Section 413.08(3) is obviously not limited to the blind, but the phrase "otherwise physically disabled" as used in that section is not defined....

...as defined in Section 413.033(2). However, that definitions section is expressly limited to the words and phrases used in Sections 413.032 through 413.037 and therefore has no bearing upon the meaning of "otherwise physically disabled" appearing in Section 413.08(3)....

...We would also note that, unlike the provisions of Section 23.161 et seq., Florida Statutes (1981) (the provisions relied upon by the parties herein), Chapter 413 contains no procedural apparatus for the handling administratively of any complaints or grievances for violations of Section 413.08(3). In any event, we are not called upon to determine whether Section 413.08(3) would have any application to Rateau's circumstances or condition inasmuch as he instituted proceedings strictly under the provisions of Section 23.161 et seq....

...injuries or conditions. [3] The job requirements, therefore, were apparently the "pretext" about which the hearing officer was referring. [4] Compare Zorick v. Tynes, 372 So.2d 133 (Fla. 1st DCA 1979). There, a blind person sought relief pursuant to Section 413.08(3), Florida Statutes (1977), by reason of the Clay County School Board's refusal to employ him. This Court upheld the circuit court's order requiring "trial employment" to determine whether he was able to perform the job satisfactorily. Essential to the court's affirmance was the particular language of Section 413.08(3): "[N]o employer shall refuse employment to the ... blind ... unless it is shown that the particular disability prevents the satisfactory performance of the work involved." (e.s.) We observed in Zorick: "`Unless it is shown' is the heart of Section 413.08(3)....

...half of Ilana. In Count I of the Complaint Plaintiff alleged violations of the Americans with Disabilities Act of 1990 (the "ADA") and sought injunctive relief. In Count II, Plaintiff alleged violation of Florida's service animal statute, Fla. Stat. § 413.08(3), and sought both damages and injunctive relief....

...itions while extracting her blood and causing injury and sought damages. Defendants moved to dismiss Counts II, III and IV for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). The Court dismissed Count II with prejudice because Fla. Stat. § 413.08(3) does not explicitly create a private right of action for the interference with the right of a disabled person to be accompanied by an animal....

...sued Levy County ("the County"), Judge Frederick Smith, and Sheriff Ted Glass, alleging violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq.; 42 U.S.C. § 1983; the Florida Civil Rights Act; and Florida Statutes § 413.08....

Federal Fair Housing Act, 42 U.S.C. § 3604, and section 413.08, Florida Statutes (2012) (defining the “[r]ights

...ince enforcement of Chapter 760 lies with the Florida Commission on Human Relations. These conclusions were adopted by PERC in its final order, and appellant has failed to challenge any of these findings. Instead he asserts *694 that Chapter 760 and section 413.08, Florida Statutes, prohibit an employer from discriminating against an individual because of a handicap. Section 413.08(3), however, provides that "no employer shall refuse employment to the ......

...erwise disposing of the animal. You may not request to have exclusive care, possession, or control of an animal owned primarily for a bona fide agricultural purpose, as defined in section 193.461, Florida Statutes, or a service animal, as defined in section 413.08, Florida Statutes, if Respondent is the service animal’s handler.) {Indicate all that apply}. 1....

...otherwise disposing of the animal. You may not request to have exclusive care, possession, or control of an animal owned primarily for a bona fide agricultural purpose, as defined in section 193.461, Florida Statutes, or a service animal, as defined in section 413.08, Florida Statutes, if Respondent is the service animal’s handler.) {Indicate all that apply}. 1....

...otection Against Domestic Violence (10/22) - 53 - an animal owned primarily for a bona fide agricultural purpose, as defined in section 193.461, Florida Statutes, or a service animal, as defined in section 413.08, Florida Statutes, if Respondent is the service animal’s handler.) {Indicate all that apply}. 1....

...erwise disposing of the animal. You may not request to have exclusive care, possession, or control of an animal owned primarily for a bona fide agricultural purpose, as defined in section 193.461, Florida Statutes, or a service animal, as defined in section 413.08, Florida Statutes, if Respondent is the service animal’s handler.) {Indicate all that apply}. Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence (08/23) -13-  1....

...excluding crustacea, shellfish, and fish in aquariums, are allowed in a food service establishment, in vehicles used for transporting food, or in any other area or facility used to conduct food service operations, except as provided under section 413.08, F.S. 1 The text of the rule broadly prohibits live animals from being in food service establishments. Section 381.0072(2)(c) provides: 1 Section 413.08, Florida Statutes, applies to service animals. 5  “Food service establishment” means detention facilities, public or private schools, migrant labor camps, assisted living facilities...