CS/HB 1007

1	A bill to be entitled
2	An act relating to Florida Commission on Human Relations;
3	amending s. 760.01, F.S.; substituting the term
4	"disability" for the term "handicap"; amending s. 760.02,
5	F.S.; providing definitions; amending s. 760.05, F.S.;
6	substituting the term "disability" for the term
7	"handicap"; amending s. 760.06, F.S.; permitting the
8	commission to use any method of discovery authorized by
9	the Florida Rules of Civil Procedure in its proceedings;
10	specifying persons and entities that may receive technical
11	assistance from the commission; amending s. 760.07, F.S.;
12	substituting the terms "sex" and "disability" for the
13	terms "gender" and "handicap," respectively; amending s.
14	760.08, F.S.; substituting the term "disability" for the
15	term "handicap"; amending s. 760.10, F.S.; substituting
16	the term "disability" for the term "handicap"; specifying
17	that certain protections extend to women who are pregnant
18	or who have any medical condition related to pregnancy or
19	childbirth; amending s. 760.11, F.S.; revising provisions
20	relating to responses to complaints; providing a time
21	limit on the commencement of certain actions; providing
22	for the effect of election to file for an administrative
23	hearing in certain proceedings; creating s. 760.12, F.S.;
24	providing for the computation of time periods prescribed
25	in specified provisions; amending s. 760.22, F.S.;
26	revising definitions; amending ss. 760.23, 760.24, and
27	760.25, F.S.; substituting the term "disability" for the
28	term "handicap"; amending s. 760.29, F.S.; revising
29	procedures and fees for facilities or communities claiming
30	exemption from specified provisions as housing for older
31	persons; substituting the term "disability" for the term
32	"handicap"; amending s. 760.31, F.S.; substituting the
33	term "disability" for the term "handicap"; amending s.
34	760.32, F.S.; permitting the commission to use any method
35	of discovery authorized by the Florida Rules of Civil
36	Procedure in its proceedings; amending s. 760.34, F.S.;
37	revising provisions relating to filing a response to a
38	complaint; providing that, if the commission determines
39	that there is not reasonable cause to believe that a
40	discriminatory housing practice has occurred, the
41	commission shall dismiss the complaint; providing for
42	administrative hearings following such a determination;
43	amending s. 760.50, F.S.; substituting a reference to
44	persons with disabilities for a reference to handicapped
45	persons; amending s. 760.60, F.S.; substituting the terms
46	"sex" and "disability" for the terms "gender" and
47	"handicap," respectively; creating s. 760.13, F.S.;
48	providing for a direct-support organization for the
49	commission; providing definitions; providing for a board
50	of directors; providing for a contract between the
51	organization and the commission; providing for use of
52	property and services; providing for activities of the
53	organization; providing for budgets and audits; providing
54	limits of the powers of the organization; authorizing
55	commission rulemaking concerning the organization;
56	amending s. 419.001, F.S.; correcting a cross-reference;
57	providing an effective date.
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  Subsection (2) of section 760.01, Florida
62	Statutes, is amended to read:
63	760.01  Purposes; construction; title.--
64	(2)  The general purposes of the Florida Civil Rights Act
65	of 1992 are to secure for all individuals within the state
66	freedom from discrimination because of race, color, religion,
67	sex, national origin, age, disability handicap, or marital
68	status and thereby to protect their interest in personal
69	dignity, to make available to the state their full productive
70	capacities, to secure the state against domestic strife and
71	unrest, to preserve the public safety, health, and general
72	welfare, and to promote the interests, rights, and privileges of
73	individuals within the state.
74	Section 2.  Section 760.02, Florida Statutes, is amended to
75	read:
76	760.02  Definitions.--For the purposes of ss. 760.01-760.11
77	and 509.092, the term:
78	(1)(10)  "Aggrieved person" means any person who files a
79	complaint with the Human Relations Commission.
80	(2)  "Commission" means the Florida Commission on Human
81	Relations created by s. 760.03.
82	(3)  "Commissioner" or "member" means a member of the
83	commission.
84	(4)(a)  "Disability," with respect to an individual, means:
85	1.  A physical or mental impairment that substantially
86	limits one or more of the major life activities of such
87	individual;
88	2.  A record of such impairment;
89	3.  Being regarded as having such an impairment; or
90	4.  Having a developmental disability as defined in s.
91	393.063.
92	(b)  The term "disability" does not include transvestism,
93	transsexualism, pedophilia, exhibitionism, voyeurism, gender
94	identity disorders not resulting from physical impairments, or
95	other sexual behavior disorders; compulsive gambling,
96	kleptomania, or pyromania; or psychoactive substance use
97	disorders resulting from current use of illegal drugs.
98	(5)(4)  "Discriminatory practice" means any practice made
99	unlawful by the Florida Civil Rights Act of 1992.
100	(6)(7)  "Employer" means any person employing 15 or more
101	employees for each working day in each of 20 or more calendar
102	weeks in the current or preceding calendar year, and any agent
103	of such a person.
104	(7)(8)  "Employment agency" means any person regularly
105	undertaking, with or without compensation, to procure employees
106	for an employer or to procure for employees opportunities to
107	work for an employer, and includes an agent of such a person.
108	(8)(1)  "Florida Civil Rights Act of 1992" means ss.
109	760.01-760.11 and 509.092.
110	(9)  "Labor organization" means any organization which
111	exists for the purpose, in whole or in part, of collective
112	bargaining or of dealing with employers concerning grievances,
113	terms or conditions of employment, or other mutual aid or
114	protection in connection with employment.
115	(10)  "Major life activities" include, but are not limited
116	to:
117	(a)  Caring for one's self, performing manual tasks,
118	seeing, hearing, eating, sleeping, walking, standing, lifting,
119	bending, speaking, breathing, learning, reading, concentrating,
120	thinking, communicating, and working.
121	(b)  Operation of major bodily functions, including, but
122	not limited to, functions of the immune system; normal cell
123	growth; and digestive, bowel, bladder, neurological, brain,
124	respiratory, circulatory, endocrine, and reproductive functions.
125	(11)(5)  "National origin" includes ancestry.
126	(12)(6)  "Person" includes an individual, association,
127	corporation, joint apprenticeship committee, joint-stock
128	company, labor union, legal representative, mutual company,
129	partnership, receiver, trust, trustee in bankruptcy, or
130	unincorporated organization; any other legal or commercial
131	entity; the state; or any governmental entity or agency.
132	(13)(11)  "Public accommodations" means places of public
133	accommodation, lodgings, facilities principally engaged in
134	selling food for consumption on the premises, gasoline stations,
135	places of exhibition or entertainment, and other covered
136	establishments. Each of the following establishments which
137	serves the public is a place of public accommodation within the
138	meaning of this section:
139	(a)  Any inn, hotel, motel, or other establishment which
140	provides lodging to transient guests, other than an
141	establishment located within a building which contains not more
142	than four rooms for rent or hire and which is actually occupied
143	by the proprietor of such establishment as his or her residence.
144	(b)  Any restaurant, cafeteria, lunchroom, lunch counter,
145	soda fountain, or other facility principally engaged in selling
146	food for consumption on the premises, including, but not limited
147	to, any such facility located on the premises of any retail
148	establishment, or any gasoline station.
149	(c)  Any motion picture theater, theater, concert hall,
150	sports arena, stadium, or other place of exhibition or
151	entertainment.
152	(d)  Any establishment which is physically located within
153	the premises of any establishment otherwise covered by this
154	subsection, or within the premises of which is physically
155	located any such covered establishment, and which holds itself
156	out as serving patrons of such covered establishment.
157	(14)  "Substantially limits" means to materially restrict
158	an individual's ability to perform an activity.
159	(15)(a)  "Transitory or minor impairment" is any impairment
160	with an actual, apparent, or expected duration of 6 months or
161	less. An impairment that limits one major life activity need not
162	limit other major life activities in order to be considered a
163	disability.
164	(b)  An individual meets the requirement of being regarded
165	as having such an impairment if the individual establishes that
166	he or she has been subjected to an action prohibited under ss.
167	760.01-760.11 or 509.092 because of an actual or perceived
168	physical or mental impairment, whether or not the impairment
169	limits or is perceived to limit a major life activity. An
170	individual shall not be deemed to be disabled for an impairment
171	that is transitory and minor. An impairment that is episodic or
172	in remission is a disability if it would substantially limit a
173	major life activity when such impairment is active or not in
174	remission. The determination of whether an impairment
175	substantially limits a major life activity shall be made without
176	regard to the ameliorative effects of mitigating measures such
177	as:
178	1.  Medication, medical supplies, equipment, or appliances;
179	low-vision devices, not including ordinary eyeglasses or contact
180	lenses; prosthetics, including artificial limbs and devices;
181	hearing aids and cochlear implants or other implantable hearing
182	devices; mobility devices; or oxygen-therapy equipment and
183	supplies.
184	2.  Use of assistive technology; reasonable accommodations
185	or auxiliary aids or services, which include qualified
186	interpreters or other effective measures of making aurally
187	delivered materials available to individuals with hearing
188	impairments, qualified readers, taped texts, or other effective
189	methods of making visually delivered materials available to
190	individuals with visual impairments; acquisition or modification
191	of equipment and devices and other similar services and actions;
192	or learned behavioral or adaptive neurological modifications.
193	Section 3.  Section 760.05, Florida Statutes, is amended to
194	read:
195	760.05  Functions of the commission.--The commission shall
196	promote and encourage fair treatment and equal opportunity for
197	all persons regardless of race, color, religion, sex, national
198	origin, age, disability handicap, or marital status and mutual
199	understanding and respect among all members of all economic,
200	social, racial, religious, and ethnic groups; and shall endeavor
201	to eliminate discrimination against, and antagonism between,
202	religious, racial, and ethnic groups and their members.
203	Section 4.  Subsections (6) and (8) of section 760.06,
204	Florida Statutes, are amended to read:
205	760.06  Powers of the commission.--Within the limitations
206	provided by law, the commission shall have the following powers:
207	(6)  To issue subpoenas for, administer oaths or
208	affirmations to, and compel the attendance and testimony of
209	witnesses or to issue subpoenas for and compel the production of
210	books, papers, records, documents, and other evidence pertaining
211	to any investigation or hearing convened pursuant to the powers
212	of the commission; or to use any other method of discovery
213	authorized by the Florida Rules of Civil Procedure. In
214	conducting an investigation, the commission and its
215	investigators shall have access at all reasonable times to
216	premises, records, documents, and other evidence or possible
217	sources of evidence and may examine, record, and copy such
218	materials and take and record the testimony or statements of
219	such persons as are reasonably necessary for the furtherance of
220	the investigation. The authority to issue subpoenas and
221	administer oaths may be delegated by the commission, for
222	investigations or hearings, to a commissioner or the executive
223	director. In the case of a refusal to obey a subpoena or comply
224	with any other method of discovery authorized by the Florida
225	Civil Rules of Procedure issued to any person, the commission
226	may make application to any circuit court of this state, which
227	shall have jurisdiction to order the witness to appear before
228	the commission to give testimony and to produce evidence
229	concerning the matter in question. Failure to obey the court's
230	order may be punished by the court as contempt. If the court
231	enters an order holding a person in contempt or compelling the
232	person to comply with the commission's order or subpoena, the
233	court shall order the person to pay the commission reasonable
234	expenses, including reasonable attorneys' fees, accrued by the
235	commission in obtaining the order from the court.
236	(8)  To furnish technical assistance to employees,
237	employers, community leaders, school officials, and other groups
238	and individuals requested by persons to facilitate progress in
239	human relations.
240	Section 5.  Section 760.07, Florida Statutes, is amended to
241	read:
242	760.07  Remedies for unlawful discrimination.--Any
243	violation of any Florida statute making unlawful discrimination
244	because of race, color, religion, sex gender, national origin,
245	age, disability handicap, or marital status in the areas of
246	education, employment, housing, or public accommodations gives
247	rise to a cause of action for all relief and damages described
248	in s. 760.11(5), unless greater damages are expressly provided
249	for. If the statute prohibiting unlawful discrimination provides
250	an administrative remedy, the action for equitable relief and
251	damages provided for in this section may be initiated only after
252	the plaintiff has exhausted his or her administrative remedy.
253	The term "public accommodations" does not include lodge halls or
254	other similar facilities of private organizations which are made
255	available for public use occasionally or periodically. The right
256	to trial by jury is preserved in any case in which the plaintiff
257	is seeking actual or punitive damages.
258	Section 6.  Section 760.08, Florida Statutes, is amended to
259	read:
260	760.08  Discrimination in places of public
261	accommodation.--All persons shall be entitled to the full and
262	equal enjoyment of the goods, services, facilities, privileges,
263	advantages, and accommodations of any place of public
264	accommodation, as defined in this chapter, without
265	discrimination or segregation on the ground of race, color,
266	national origin, sex, disability handicap, familial status, or
267	religion.
268	Section 7.  Subsections (1), (2), (3), (4), (5), and (6)
269	and paragraph (a) of subsection (8) of section 760.10, Florida
270	Statutes, are amended, subsection (10) is renumbered as
271	subsection (11), and a new subsection (10) is added to that
272	section, to read:
273	760.10  Unlawful employment practices.--
274	(1)  It is an unlawful employment practice for an employer:
275	(a)  To discharge or to fail or refuse to hire any
276	individual, or otherwise to discriminate against any individual
277	with respect to compensation, terms, conditions, or privileges
278	of employment, because of such individual's race, color,
279	religion, sex, national origin, age, disability handicap, or
280	marital status.
281	(b)  To limit, segregate, or classify employees or
282	applicants for employment in any way which would deprive or tend
283	to deprive any individual of employment opportunities, or
284	adversely affect any individual's status as an employee, because
285	of such individual's race, color, religion, sex, national
286	origin, age, disability handicap, or marital status.
287	(2)  It is an unlawful employment practice for an
288	employment agency to fail or refuse to refer for employment, or
289	otherwise to discriminate against, any individual because of
290	race, color, religion, sex, national origin, age, disability
291	handicap, or marital status or to classify or refer for
292	employment any individual on the basis of race, color, religion,
293	sex, national origin, age, disability handicap, or marital
294	status.
295	(3)  It is an unlawful employment practice for a labor
296	organization:
297	(a)  To exclude or to expel from its membership, or
298	otherwise to discriminate against, any individual because of
299	race, color, religion, sex, national origin, age, disability
300	handicap, or marital status.
301	(b)  To limit, segregate, or classify its membership or
302	applicants for membership, or to classify or fail or refuse to
303	refer for employment any individual, in any way which would
304	deprive or tend to deprive any individual of employment
305	opportunities, or adversely affect any individual's status as an
306	employee or as an applicant for employment, because of such
307	individual's race, color, religion, sex, national origin, age,
308	disability handicap, or marital status.
309	(c)  To cause or attempt to cause an employer to
310	discriminate against an individual in violation of this section.
311	(4)  It is an unlawful employment practice for any
312	employer, labor organization, or joint labor-management
313	committee controlling apprenticeship or other training or
314	retraining, including on-the-job training programs, to
315	discriminate against any individual because of race, color,
316	religion, sex, national origin, age, disability handicap, or
317	marital status in admission to, or employment in, any program
318	established to provide apprenticeship or other training.
319	(5)  Whenever, in order to engage in a profession,
320	occupation, or trade, it is required that a person receive a
321	license, certification, or other credential, become a member or
322	an associate of any club, association, or other organization, or
323	pass any examination, it is an unlawful employment practice for
324	any person to discriminate against any other person seeking such
325	license, certification, or other credential, seeking to become a
326	member or associate of such club, association, or other
327	organization, or seeking to take or pass such examination,
328	because of such other person's race, color, religion, sex,
329	national origin, age, disability handicap, or marital status.
330	(6)  It is an unlawful employment practice for an employer,
331	labor organization, employment agency, or joint labor-management
332	committee to print, or cause to be printed or published, any
333	notice or advertisement relating to employment, membership,
334	classification, referral for employment, or apprenticeship or
335	other training, indicating any preference, limitation,
336	specification, or discrimination, based on race, color,
337	religion, sex, national origin, age, absence of disability
338	handicap, or marital status.
339	(8)  Notwithstanding any other provision of this section,
340	it is not an unlawful employment practice under ss. 760.01-
341	760.10 for an employer, employment agency, labor organization,
342	or joint labor-management committee to:
343	(a)  Take or fail to take any action on the basis of
344	religion, sex, national origin, age, disability handicap, or
345	marital status in those certain instances in which religion,
346	sex, national origin, age, absence of a particular disability
347	handicap, or marital status is a bona fide occupational
348	qualification reasonably necessary for the performance of the
349	particular employment to which such action or inaction is
350	related.
351	(10)  The protections of this section extend to women who
352	are pregnant or who have any medical condition related to
353	pregnancy or childbirth. Women affected by pregnancy,
354	childbirth, or any medical condition related to pregnancy or
355	childbirth must be treated the same for employment-related
356	purposes as all other persons having similar abilities.
357	Section 8.  Subsections (1), (3), and (8) of section
358	760.11, Florida Statutes, are amended, subsection (16) is added
359	to that section, and, for purposes of incorporating the
360	amendments to section 760.10, Florida Statutes, in a reference
361	thereto, subsection (15) of section 760.11, Florida Statutes, is
362	reenacted, to read:
363	760.11  Administrative and civil remedies; construction.--
364	(1)  Any person aggrieved by a violation of ss. 760.01-
365	760.10 may file a complaint with the commission within 365 days
366	of the alleged violation, naming the employer, employment
367	agency, labor organization, or joint labor-management committee,
368	or, in the case of an alleged violation of s. 760.10(5), the
369	person responsible for the violation and describing the
370	violation. Any person aggrieved by a violation of s. 509.092 may
371	file a complaint with the commission within 365 days of the
372	alleged violation naming the person responsible for the
373	violation and describing the violation. The commission, a
374	commissioner, or the Attorney General may in like manner file
375	such a complaint. On the same day the complaint is filed with
376	the commission, the commission shall clearly stamp on the face
377	of the complaint the date the complaint was filed with the
378	commission. In lieu of filing the complaint with the commission,
379	a complaint under this section may be filed with the federal
380	Equal Employment Opportunity Commission or with any unit of
381	government of the state which is a fair-employment-practice
382	agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the
383	complaint is filed is clearly stamped on the face of the
384	complaint, that date is the date of filing. The date the
385	complaint is filed with the commission for purposes of this
386	section is the earliest date of filing with the Equal Employment
387	Opportunity Commission, the fair-employment-practice agency, or
388	the commission. The complaint shall contain a short and plain
389	statement of the facts describing the violation and the relief
390	sought. The commission may require additional information to be
391	in the complaint. The commission, within 5 days of the complaint
392	being filed, shall provide by registered mail send a copy of the
393	complaint to the person who allegedly committed the violation.
394	The person who allegedly committed the violation shall respond,
395	in writing, to the commission and shall also send a copy of such
396	response to the aggrieved person may file an answer to the
397	complaint within 21 25 days after receiving the Notice of Filing
398	Complaint of the date the complaint was filed with the
399	commission. Any answer filed shall be mailed to the aggrieved
400	person by the person filing the answer. Both the complaint and
401	the response answer shall be verified.
402	(3)  Except as provided in subsection (2), the commission
403	shall investigate the allegations in the complaint. Within 180
404	days of the filing of the complaint, the commission shall
405	determine if there is reasonable cause to believe that
406	discriminatory practice has occurred in violation of the Florida
407	Civil Rights Act of 1992. When the commission determines whether
408	or not there is reasonable cause, the commission by registered
409	mail shall promptly notify the aggrieved person and the
410	respondent of the reasonable cause determination, the date of
411	such determination, and the options available under this
412	section.
413	(8)  In the event that the commission fails to conciliate
414	or determine whether there is reasonable cause on any complaint
415	under this section within 180 days of the filing of the
416	complaint, an aggrieved person may proceed under subsection (4),
417	as if the commission determined that there was reasonable cause,
418	except that any civil action filed under this section shall be
419	commenced no later than 4 years after the date the cause of
420	action accrued.
421	(15)  In any civil action or administrative proceeding
422	brought pursuant to this section, a finding that a person
423	employed by the state or any governmental entity or agency has
424	violated s. 760.10 shall as a matter of law constitute just or
425	substantial cause for such person's discharge.
426	(16)  In the event that any party to a complaint filed
427	pursuant to this section elects to file for an administrative
428	hearing pursuant to s. 120.569 or s. 120.57, or any similar
429	provision, the sending of the election by the commission under
430	paragraph (4)(b) and subsections (6), (7), and (8) may not be
431	construed as making the commission a party, a transmitting
432	agency, an initiating agency, or a referral agency under s.
433	120.569, and the commission is not liable for any costs, fees,
434	expenses, including court reporting or recordation fees
435	associated with the proceeding to which it is not a party. This
436	subsection does not apply to any action where the commission
437	initiates or is a party to an administrative hearing.
438	Section 9.  Section 760.12, Florida Statutes, is created to
439	read:
440	760.12  Computation of time.--In computing any period of
441	time prescribed in this chapter, the day of the act, event, or
442	default from which the designated period of time begins to run
443	shall not be included. The last day of the period so computed
444	shall be included unless it is a Saturday, Sunday, or legal
445	state holiday, in which event the period shall run until the end
446	of the next day which is not a Saturday, Sunday, or legal state
447	holiday. When the period of time prescribed or allowed is less
448	than 7 days, intermediate Saturdays, Sundays, and legal state
449	holidays shall be excluded in the computation.
450	Section 10.  Section 760.22, Florida Statutes, is amended
451	to read:
452	760.22  Definitions.--As used in ss. 760.20-760.37, the
453	term:
454	(1)  "Commission" means the Florida Commission on Human
455	Relations.
456	(2)  "Covered multifamily dwelling" means:
457	(a)  A building which consists of four or more units and
458	has an elevator; or
459	(b)  The ground floor units of a building which consists of
460	four or more units and does not have an elevator.
461	(3)  "Disability" shall have the same meaning as provided
462	in s. 760.02.
463	(4)(3)  "Discriminatory housing practice" means an act that
464	is unlawful under the terms of ss. 760.20-760.37.
465	(5)(4)  "Dwelling" means any building or structure, or
466	portion thereof, which is occupied as, or designed or intended
467	for occupancy as, a residence by one or more families, and any
468	vacant land which is offered for sale or lease for the
469	construction or location on the land of any such building or
470	structure, or portion thereof.
471	(6)(5)  "Familial status" is established when an individual
472	who has not attained the age of 18 years is domiciled with:
473	(a)  A parent or other person having legal custody of such
474	individual; or
475	(b)  A designee of a parent or other person having legal
476	custody, with the written permission of such parent or other
477	person.
478	(7)(6)  "Family" includes a single individual.
479	(8)  "Major life activities" shall have the same meaning as
480	provided in s. 760.02.
481	(7)  "Handicap" means:
482	(a)  A person has a physical or mental impairment which
483	substantially limits one or more major life activities, or he or
484	she has a record of having, or is regarded as having, such
485	physical or mental impairment; or
486	(b)  A person has a developmental disability as defined in
487	s. 393.063.
488	(9)(8)  "Person" includes one or more individuals,
489	corporations, partnerships, associations, labor organizations,
490	legal representatives, mutual companies, joint-stock companies,
491	trusts, unincorporated organizations, trustees, trustees in
492	bankruptcy, receivers, and fiduciaries.
493	(10)(9)  "Substantially equivalent" means an administrative
494	subdivision of the State of Florida meeting the requirements of
495	24 C.F.R. part 115, s. 115.6.
496	(11)  "Substantially limits" shall have the meaning as
497	provided in s. 760.02.
498	(12)(10)  "To rent" includes to lease, to sublease, to let,
499	and otherwise to grant for a consideration the right to occupy
500	premises not owned by the occupant.
501	(13)  "Transitory or minor impairment" shall have the
502	meaning as provided in s. 760.02.
503	Section 11.  Section 760.23, Florida Statutes, is amended
504	to read:
505	760.23  Discrimination in the sale or rental of housing and
506	other prohibited practices.--
507	(1)  It is unlawful to refuse to sell or rent after the
508	making of a bona fide offer, to refuse to negotiate for the sale
509	or rental of, or otherwise to make unavailable or deny a
510	dwelling to any person because of race, color, national origin,
511	sex, disability handicap, familial status, or religion.
512	(2)  It is unlawful to discriminate against any person in
513	the terms, conditions, or privileges of sale or rental of a
514	dwelling, or in the provision of services or facilities in
515	connection therewith, because of race, color, national origin,
516	sex, disability handicap, familial status, or religion.
517	(3)  It is unlawful to make, print, or publish, or cause to
518	be made, printed, or published, any notice, statement, or
519	advertisement with respect to the sale or rental of a dwelling
520	that indicates any preference, limitation, or discrimination
521	based on race, color, national origin, sex, disability handicap,
522	familial status, or religion or an intention to make any such
523	preference, limitation, or discrimination.
524	(4)  It is unlawful to represent to any person because of
525	race, color, national origin, sex, disability handicap, familial
526	status, or religion that any dwelling is not available for
527	inspection, sale, or rental when such dwelling is in fact so
528	available.
529	(5)  It is unlawful, for profit, to induce or attempt to
530	induce any person to sell or rent any dwelling by a
531	representation regarding the entry or prospective entry into the
532	neighborhood of a person or persons of a particular race, color,
533	national origin, sex, disability handicap, familial status, or
534	religion.
535	(6)  The protections afforded under ss. 760.20-760.37
536	against discrimination on the basis of familial status apply to
537	any person who is pregnant or is in the process of securing
538	legal custody of any individual who has not attained the age of
539	18 years.
540	(7)  It is unlawful to discriminate in the sale or rental
541	of, or to otherwise make unavailable or deny, a dwelling to any
542	buyer or renter because of a disability handicap of:
543	(a)  That buyer or renter;
544	(b)  A person residing in or intending to reside in that
545	dwelling after it is sold, rented, or made available; or
546	(c)  Any person associated with the buyer or renter.
547	(8)  It is unlawful to discriminate against any person in
548	the terms, conditions, or privileges of sale or rental of a
549	dwelling, or in the provision of services or facilities in
550	connection with such dwelling, because of a disability handicap
551	of:
552	(a)  That buyer or renter;
553	(b)  A person residing in or intending to reside in that
554	dwelling after it is sold, rented, or made available; or
555	(c)  Any person associated with the buyer or renter.
556	(9)  For purposes of subsections (7) and (8),
557	discrimination includes:
558	(a)  A refusal to permit, at the expense of the handicapped
559	person with a disability, reasonable modifications of existing
560	premises occupied or to be occupied by such person if such
561	modifications may be necessary to afford such person full
562	enjoyment of the premises; or
563	(b)  A refusal to make reasonable accommodations in rules,
564	policies, practices, or services, when such accommodations may
565	be necessary to afford such person equal opportunity to use and
566	enjoy a dwelling.
567	(10)  Covered multifamily dwellings as defined herein which
568	are intended for first occupancy after March 13, 1991, shall be
569	designed and constructed to have at least one building entrance
570	on an accessible route unless it is impractical to do so because
571	of the terrain or unusual characteristics of the site as
572	determined by commission rule. Such buildings shall also be
573	designed and constructed in such a manner that:
574	(a)  The public use and common use portions of such
575	dwellings are readily accessible to and usable by handicapped
576	persons with disabilities.
577	(b)  All doors designed to allow passage into and within
578	all premises within such dwellings are sufficiently wide to
579	allow passage by a person in a wheelchair.
580	(c)  All premises within such dwellings contain the
581	following features of adaptive design:
582	1.  An accessible route into and through the dwelling.
583	2.  Light switches, electrical outlets, thermostats, and
584	other environmental controls in accessible locations.
585	3.  Reinforcements in bathroom walls to allow later
586	installation of grab bars.
587	4.  Usable kitchens and bathrooms such that a person in a
588	wheelchair can maneuver about the space.
589	(d)  Compliance with the appropriate requirements of the
590	American National Standards Institute for buildings and
591	facilities providing accessibility and usability for persons
592	with disabilities physically handicapped people, commonly cited
593	as ANSI A117.1-1986, suffices to satisfy the requirements of
594	paragraph (c).
595
596	State agencies with building construction regulation
597	responsibility or local governments, as appropriate, shall
598	review the plans and specifications for the construction of
599	covered multifamily dwellings to determine consistency with the
600	requirements of this subsection.
601	Section 12.  Section 760.24, Florida Statutes, is amended
602	to read:
603	760.24  Discrimination in the provision of brokerage
604	services.--It is unlawful to deny any person access to, or
605	membership or participation in, any multiple-listing service,
606	real estate brokers' organization, or other service,
607	organization, or facility relating to the business of selling or
608	renting dwellings, or to discriminate against him or her in the
609	terms or conditions of such access, membership, or
610	participation, on account of race, color, national origin, sex,
611	disability handicap, familial status, or religion.
612	Section 13.  Section 760.25, Florida Statutes, is amended
613	to read:
614	760.25  Discrimination in the financing of housing or in
615	residential real estate transactions.--
616	(1)  It is unlawful for any bank, building and loan
617	association, insurance company, or other corporation,
618	association, firm, or enterprise the business of which consists
619	in whole or in part of the making of commercial real estate
620	loans to deny a loan or other financial assistance to a person
621	applying for the loan for the purpose of purchasing,
622	constructing, improving, repairing, or maintaining a dwelling,
623	or to discriminate against him or her in the fixing of the
624	amount, interest rate, duration, or other term or condition of
625	such loan or other financial assistance, because of the race,
626	color, national origin, sex, disability handicap, familial
627	status, or religion of such person or of any person associated
628	with him or her in connection with such loan or other financial
629	assistance or the purposes of such loan or other financial
630	assistance, or because of the race, color, national origin, sex,
631	disability handicap, familial status, or religion of the present
632	or prospective owners, lessees, tenants, or occupants of the
633	dwelling or dwellings in relation to which such loan or other
634	financial assistance is to be made or given.
635	(2)(a)  It is unlawful for any person or entity whose
636	business includes engaging in residential real estate
637	transactions to discriminate against any person in making
638	available such a transaction, or in the terms or conditions of
639	such a transaction, because of race, color, national origin,
640	sex, disability handicap, familial status, or religion.
641	(b)  As used in this subsection, the term "residential real
642	estate transaction" means any of the following:
643	1.  The making or purchasing of loans or providing other
644	financial assistance:
645	a.  For purchasing, constructing, improving, repairing, or
646	maintaining a dwelling; or
647	b.  Secured by residential real estate.
648	2.  The selling, brokering, or appraising of residential
649	real property.
650	Section 14.  Paragraph (e) of subsection (4) and paragraph
651	(a) of subsection (5) of section 760.29, Florida Statutes, are
652	amended to read:
653	760.29  Exemptions.--
654	(4)
655	(e)  A facility or community claiming an exemption under
656	this subsection shall register with the commission by submitting
657	to the commission a copy of its recorded documents establishing
658	the facility or community for housing for older persons and
659	submit a letter to the commission stating that the facility or
660	community complies with the requirements of subparagraph (b)1.,
661	subparagraph (b)2., or subparagraph (b)3. The letter shall be
662	submitted on the letterhead of the facility or community and
663	shall be signed by the president of the facility or community.
664	This registration and documentation shall be renewed biennially
665	from the date of original filing. The information in the
666	registry shall be made available to the public, and the
667	commission shall include this information on an Internet
668	website. The commission may charge establish a reasonable
669	registration fee of $75, which not to exceed $20, that shall be
670	deposited into the commission's trust fund to defray the
671	administrative costs associated with maintaining the registry.
672	The commission may impose an administrative fine, not to exceed
673	$500, on a facility or community that fails to register or renew
674	its registration with the commission or that knowingly submits
675	false information in the documentation required by this
676	paragraph. Such fines shall be deposited in the commission's
677	trust fund. The registration and documentation required by this
678	paragraph shall not substitute for proof of compliance with the
679	requirements of this subsection. Failure to comply with the
680	requirements of this paragraph shall not disqualify a facility
681	or community that otherwise qualifies for the exemption provided
682	in this subsection.
683
684	A county or municipal ordinance regarding housing for older
685	persons may not contravene the provisions of this subsection.
686	(5)  Nothing in ss. 760.20-760.37:
687	(a)  Prohibits a person engaged in the business of
688	furnishing appraisals of real property from taking into
689	consideration factors other than race, color, national origin,
690	sex, disability handicap, familial status, or religion.
691	Section 15.  Subsection (5) of section 760.31, Florida
692	Statutes, is amended to read:
693	760.31  Powers and duties of commission.--The commission
694	shall:
695	(5)  Adopt rules necessary to implement ss. 760.20-760.37
696	and govern the proceedings of the commission in accordance with
697	chapter 120. Commission rules shall clarify terms used with
698	regard to disabled handicapped accessibility, exceptions from
699	accessibility requirements based on terrain or site
700	characteristics, and requirements related to housing for older
701	persons. Commission rules shall specify the fee and the forms
702	and procedures to be used for the registration required by s.
703	760.29(4)(e).
704	Section 16.  Subsection (1) of section 760.32, Florida
705	Statutes, is amended to read:
706	760.32  Investigations; subpoenas; oaths.--
707	(1)  In conducting an investigation, the commission shall
708	have access at all reasonable times to premises, records,
709	documents, individuals, and other evidence or possible sources
710	of evidence and may examine, record, and copy such materials and
711	take and record the testimony or statements of such persons as
712	are reasonably necessary for the furtherance of the
713	investigation, provided the commission first complies with the
714	provisions of the State Constitution relating to unreasonable
715	searches and seizures. The commission may issue subpoenas to
716	compel its access to or the production of such materials or the
717	appearance of such persons, and may issue interrogatories to a
718	respondent, to the same extent and subject to the same
719	limitations as would apply if the subpoenas or interrogatories
720	were issued or served in aid of a civil action in court, and may
721	use any other method of discovery authorized by the Florida
722	Rules of Civil Procedure. The commission may administer oaths.
723	Section 17.  Subsections (2) and (4) of section 760.34,
724	Florida Statutes, are amended to read:
725	760.34  Enforcement.--
726	(2)  A complaint under subsection (1) must be filed within
727	1 year after the alleged discriminatory housing practice
728	occurred. The complaint must be in writing and shall state the
729	facts upon which the allegations of a discriminatory housing
730	practice are based. A complaint may be reasonably and fairly
731	amended at any time. A respondent shall may file a response an
732	answer to the complaint against him or her and, with the leave
733	of the commission, which shall be granted whenever it would be
734	reasonable and fair to do so, may amend his or her response
735	answer at any time. Both complaint and response answer shall be
736	verified.
737	(4)  If, within 180 days after a complaint is filed with
738	the commission or within 180 days after expiration of any period
739	of reference under subsection (3), the commission has been
740	unable to obtain voluntary compliance with ss. 760.20-760.37,
741	the person aggrieved may commence a civil action in any
742	appropriate court against the respondent named in the complaint
743	or petition for an administrative determination pursuant to s.
744	760.35 to enforce the rights granted or protected by ss. 760.20-
745	760.37.
746	(a)  If, as a result of its investigation under subsection
747	(1), the commission finds there is reasonable cause to believe
748	that a discriminatory housing practice has occurred, at the
749	request of the person aggrieved, the Attorney General shall
750	bring an action in the name of the state on behalf of the
751	aggrieved person to enforce the provisions of ss. 760.20-760.37.
752	(b)  If the commission determines that there is not
753	reasonable cause to believe that a discriminatory housing
754	practice has occurred, the commission shall dismiss the
755	complaint. The aggrieved person may request an administrative
756	hearing under ss. 120.569 and 120.57, but any such request must
757	be made within 30 days after the service of the notice of the
758	determination of no reasonable cause and any such hearing shall
759	be heard by an administrative law judge and not by the
760	commission or a commissioner. If the aggrieved person does not
761	request an administrative hearing within 30 days, the claim
762	shall be barred. If the administrative law judge finds that a
763	discriminatory housing practice has occurred, he or she shall
764	issue an appropriate recommended order to the commission. Within
765	90 days after the date the recommended order is rendered, the
766	commission shall issue a final order by adopting, rejecting, or
767	modifying the recommended order as provided under ss. 120.569
768	and 120.57. The 90-day period may be extended with the consent
769	of all parties. In any action or proceeding under this
770	subsection, the commission, in its discretion, may allow the
771	prevailing party reasonable attorney's fees as part of the
772	costs. It is the intent of the Legislature that this provision
773	for attorney's fees be interpreted in a manner consistent with
774	federal case law involving a Title VII action. In the event the
775	final order issued by the commission determines that a
776	discriminatory housing practice has occurred, the aggrieved
777	person may:
778	1.  Request the Attorney General to bring an action in the
779	name of the state on behalf of the aggrieved person to enforce
780	the provisions of ss. 760.20-760.37; or
781	2.  Proceed with the case pursuant to subsection (5),
782	subsection (6), or subsection (7) as if there has been a
783	reasonable cause determination.
784	Section 18.  Subsection (2) of section 760.50, Florida
785	Statutes, is amended to read:
786	760.50  Discrimination on the basis of AIDS, AIDS-related
787	complex, and HIV prohibited.--
788	(2)  Any person with or perceived as having acquired immune
789	deficiency syndrome, acquired immune deficiency syndrome related
790	complex, or human immunodeficiency virus shall have every
791	protection made available to handicapped persons with
792	disabilities.
793	Section 19.  Subsection (1) of section 760.60, Florida
794	Statutes, is amended to read:
795	760.60  Discriminatory practices of certain clubs
796	prohibited; remedies.--
797	(1)  It is unlawful for a person to discriminate against
798	any individual because of race, color, religion, sex gender,
799	national origin, disability handicap, age above the age of 21,
800	or marital status in evaluating an application for membership in
801	a club that has more than 400 members, that provides regular
802	meal service, and that regularly receives payment for dues,
803	fees, use of space, facilities, services, meals, or beverages
804	directly or indirectly from nonmembers for business purposes. It
805	is unlawful for a person, on behalf of such a club, to publish,
806	circulate, issue, display, post, or mail any advertisement,
807	notice, or solicitation that contains a statement to the effect
808	that the accommodations, advantages, facilities, membership, or
809	privileges of the club are denied to any individual because of
810	race, color, religion, sex gender, national origin, disability
811	handicap, age above the age of 21, or marital status. This
812	subsection does not apply to fraternal or benevolent
813	organizations, ethnic clubs, or religious organizations where
814	business activity is not prevalent.
815	Section 20.  Section 760.13, Florida Statutes, is created
816	to read:
817	760.13  Florida Commission on Human Relations; direct-
818	support organization.--
819	(1)  DIRECT-SUPPORT ORGANIZATION ESTABLISHED.--The
820	commission may establish a direct-support organization to
821	provide assistance, funding, and support for the commission in
822	carrying out its mission. This section governs the creation,
823	use, powers, and duties of the direct-support organization.
824	(2)  DEFINITIONS.--As used in this section, the term:
825	(a)  "Commission" means the Florida Commission on Human
826	Relations created by s. 760.03.
827	(b)  "Direct-support organization" means an organization
828	that is:
829	1.  A Florida corporation not for profit, incorporated
830	under the provisions of chapter 617 and approved by the
831	Department of State. The organization is exempt from filing fees
832	under s. 617.0122.
833	(c)  "Personal services" includes full-time or part-time
834	personnel.
835	(3)  POWERS AND PURPOSES.--The direct-support organization:
836	(a)  Shall be organized and operated exclusively to obtain
837	funds; request and receive grants, gifts, and bequests of
838	moneys; acquire, receive, hold, invest, and administer, in its
839	own name, securities, funds, or property; and make expenditures
840	to or for the direct or indirect benefit of the commission in
841	its efforts to:
842	1.  Promote and encourage fair treatment and equal
843	opportunity for all persons regardless of race, color, religion,
844	sex, national origin, age, disability, or marital or familial
845	status;
846	2.  Encourage mutual understanding and respect among all
847	members of all economic, social, racial, religious, and ethnic
848	groups; and
849	3.  Endeavor to eliminate discrimination against, and
850	antagonism between, religious, racial, and ethnic groups and
851	their members.
852	(b)  Shall be authorized to receive federal subsidies,
853	endowments, grants, and aid, but not authorized to receive any
854	donations from any private or public entity, or individuals
855	connected with such entities, in any manner over which the
856	commission has regulatory authority pursuant to this chapter.
857	(c)  Must be operated in a manner consistent with the goals
858	and purposes of the commission and in the best interest of the
859	state as determined by the commission.
860	(4)  BOARD OF DIRECTORS.--The direct-support organization
861	shall be governed by a board of directors.
862	(a)  The board of directors shall consist of no fewer than
863	three members or more than five members appointed by the
864	executive director of the commission.
865	(b)  The term of office of the board members shall be 3
866	years, except that the terms of the initial appointees shall be
867	for 1 year, 2 years, or 3 years in order to achieve staggered
868	terms. A member may be reappointed when his or her term expires.
869	The executive director of the commission or his or her designee
870	shall serve as an ex officio member of the board of directors.
871	(c)  Members must be current residents of this state and
872	must be knowledgeable about human and civil rights. The
873	executive director of the commission may remove any member of
874	the board for cause and with the approval of a majority of the
875	membership of the board of directors. The executive director of
876	the commission shall appoint a replacement for any vacancy that
877	occurs.
878	(5)  CONTRACT.--The direct-support organization shall
879	operate under a written contract with the commission. The
880	written contract must provide for:
881	(a)  Submission of an annual budget for approval by the
882	executive director of the commission.
883	(b)  Certification by the commission that the direct-
884	support organization is complying with the terms of the contract
885	and is doing so consistent with the goals and purposes of the
886	commission and in the best interests of the state. This
887	certification must be made annually and reported in the official
888	minutes of a meeting of the direct-support organization.
889	(c)  The reversion of moneys and property held by the
890	direct-support organization:
891	1.  To the commission if the direct-support organization is
892	no longer approved to operate for the commission;
893	2.  To the commission if the direct-support organization
894	ceases to exist; or
895	3.  To the state if the commission ceases to exist.
896	(d)  The disclosure of the material provisions of the
897	contract, and the distinction between the commission and the
898	direct-support organization, to donors of gifts, contributions,
899	or bequests, including such disclosure on all promotional and
900	fundraising publications.
901	(6)  USE OF PROPERTY AND SERVICES.--
902	(a)  The commission may permit the use of property,
903	facilities, and personal services of the commission by the
904	direct-support organization, subject to this section.
905	(b)  The commission may prescribe, by contract, any
906	condition with which the direct-support organization must comply
907	in order to use property, facilities, or personal services of
908	the commission.
909	(c)  The commission may not permit the use of its property,
910	facilities, or personal services by any direct-support
911	organization organized under this section which does not provide
912	equal employment opportunities to all persons regardless of
913	race, color, national origin, sex, age, religion, disability, or
914	familial or marital status.
915	(7)  ACTIVITIES; RESTRICTIONS.--Any transaction or
916	agreement between the direct-support organization organized
917	under this section and another direct-support organization or
918	other entity must be approved by the executive director of the
919	commission.
920	(8)  ANNUAL BUDGETS AND REPORTS.--
921	(a)  The fiscal year of the direct-support organization
922	shall begin on July 1 of each year and end on June 30 of the
923	following year.
924	(b)  The direct-support organization shall submit to the
925	commission its federal application for recognition of tax
926	exemption and its federal income tax return forms.
927	(9)  ANNUAL AUDIT.--The direct-support organization shall
928	provide for an annual financial audit in accordance with s.
929	215.981.
930	(10)  LIMITS ON DIRECT-SUPPORT ORGANIZATION.--The direct-
931	support organization shall not exercise any power under s.
932	617.0302(12) or (16). A state employee may not receive
933	compensation from the direct-support organization for services
934	on the board of directors or for services rendered to the
935	direct-support organization.
936	(11)  RULEMAKING.--The commission may adopt rules pursuant
937	to ss. 120.536(1) and 120.54 to implement the provisions of this
938	section.
939	Section 21.  Paragraph (d) of subsection (1) of section
940	419.001, Florida Statutes, is amended to read:
941	419.001  Site selection of community residential homes.--
942	(1)  For the purposes of this section, the following
943	definitions shall apply:
944	(d)  "Resident" means any of the following: a frail elder
945	as defined in s. 429.65; a physically disabled or handicapped
946	person as defined in s. 760.02(4)(a)1., 2., or 3. 760.22(7)(a);
947	a developmentally disabled person as defined in s. 393.063; a
948	nondangerous mentally ill person as defined in s. 394.455(18);
949	or a child who is found to be dependent as defined in s. 39.01
950	or s. 984.03, or a child in need of services as defined in s.
951	984.03 or s. 985.03.
952	Section 22.  This act shall take effect July 1, 2009.

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