Florida Senate - 2009 SB 2012
By Senator Deutch
30-01446-09 20092012__
1 A bill to be entitled
2 An act relating to prohibited discrimination; amending
3 s. 760.01, F.S.; revising provisions to include sexual
4 orientation, gender identity or expression, pregnancy,
5 and familial status as impermissible grounds for
6 discrimination; conforming terminology; amending s.
7 760.02, F.S.; defining additional terms; amending ss.
8 760.05, 760.07, 760.08, and 760.10, F.S.; revising
9 provisions to include sexual orientation, gender
10 identity or expression, pregnancy, familial status,
11 and marital status as impermissible grounds for
12 discrimination; conforming terminology; amending s.
13 509.092, F.S.; revising provisions to include sexual
14 orientation, gender identity or expression, pregnancy,
15 and familial status as impermissible grounds for
16 discrimination in public lodging establishments and
17 public food service establishments; amending s.
18 760.22, F.S.; defining additional terms; deleting the
19 definition of the term “handicap”; amending ss.
20 760.23, 760.24, 760.25, 760.26, and 760.29, F.S.;
21 revising provisions to include sexual orientation,
22 gender identity or expression, pregnancy, familial
23 status, and marital status as impermissible grounds
24 for discrimination; conforming terminology; amending
25 ss. 760.31 and 760.50, F.S.; conforming terminology;
26 amending s. 760.60, F.S.; revising provisions to
27 include sexual orientation, gender identity or
28 expression, pregnancy, and familial status as
29 impermissible grounds for discrimination; conforming
30 terminology; amending s. 419.001, F.S.; conforming a
31 cross-reference; providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Subsection (2) of section 760.01, Florida
36 Statutes, is amended to read:
37 760.01 Purposes; construction; title.—
38 (2) The general purposes of the Florida Civil Rights Act of
39 1992 are to secure for all individuals within the state freedom
40 from discrimination because of race, color, religion, sex,
41 national origin, age, disability, sexual orientation, gender
42 identity or expression, pregnancy, familial status handicap, or
43 marital status and thereby to protect their interest in personal
44 dignity, to make available to the state their full productive
45 capacities, to secure the state against domestic strife and
46 unrest, to preserve the public safety, health, and general
47 welfare, and to promote the interests, rights, and privileges of
48 individuals within the state.
49 Section 2. Section 760.02, Florida Statutes, is amended to
50 read:
51 760.02 Definitions.—For the purposes of ss. 760.01-760.11
52 and 509.092, the term:
53 (1) “Aggrieved person” means any person who files a
54 complaint with the Florida Commission on Human Relations
55 “Florida Civil Rights Act of 1992” means ss. 760.01-760.11 and
56 509.092.
57 (2) “Commission” means the Florida Commission on Human
58 Relations created by s. 760.03.
59 (3) “Commissioner” or “member” means a member of the
60 commission.
61 (4) “Disability” means:
62 (a) A physical or mental impairment that a person has, has
63 a record of having, or is regarded as having, that substantially
64 limits one or more major life activities; or
65 (b) A developmental disability as defined in s. 393.063.
66 (5)(4) “Discriminatory practice” means any practice made
67 unlawful by the Florida Civil Rights Act of 1992.
68 (6) “Employer” means any person employing 15 or more
69 employees for each working day in each of 20 or more calendar
70 weeks in the current or preceding calendar year, and any agent
71 of such a person.
72 (7) “Employment agency” means any person regularly
73 undertaking, with or without compensation, to procure employees
74 for an employer or to procure for employees opportunities to
75 work for an employer, and includes an agent of such a person.
76 (8) “Familial status” is established when an individual who
77 has not attained the age of 18 years is domiciled with:
78 (a) A parent or other person having legal custody of such
79 individual; or
80 (b) A designee of a parent or other person having legal
81 custody of the individual, with the written permission of such
82 parent or other person.
83 (9) “Florida Civil Rights Act of 1992” means ss. 760.01
84 760.11 and 509.092.
85 (10) “Gender identity or expression” means a gender-related
86 identity, appearance, expression, or behavior of an individual,
87 regardless of the individual's assigned sex at birth.
88 (11) “Labor organization” means any organization that
89 exists for the purpose, in whole or in part, of collective
90 bargaining or of dealing with employers concerning grievances,
91 terms or conditions of employment, or other mutual aid or
92 protection in connection with employment.
93 (12)(5) “National origin” includes ancestry.
94 (13)(6) “Person” includes an individual, association,
95 corporation, joint apprenticeship committee, joint-stock
96 company, labor union, legal representative, mutual company,
97 partnership, receiver, trust, trustee in bankruptcy, or
98 unincorporated organization; any other legal or commercial
99 entity; the state; or any governmental entity or agency.
100 (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 (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 (9) “Labor organization” means any organization which
109 exists for the purpose, in whole or in part, of collective
110 bargaining or of dealing with employers concerning grievances,
111 terms or conditions of employment, or other mutual aid or
112 protection in connection with employment.
113 (10) “Aggrieved person” means any person who files a
114 complaint with the Human Relations Commission.
115 (14)(11) “Public accommodations” means places of public
116 accommodation that affect commerce, lodgings, facilities
117 principally engaged in selling food for consumption on the
118 premises, gasoline stations, places of exhibition or
119 entertainment, and other covered establishments. Each of the
120 following categories of establishments that serve which serves
121 the public is a place of public accommodation within the meaning
122 of this section:
123 (a) Any inn, hotel, motel, or other place of lodging,
124 except for an establishment located within a building that
125 contains not more than five rooms for rent or hire and that is
126 actually occupied by the proprietor of such establishment as his
127 or her residence which provides lodging to transient guests,
128 other than an establishment located within a building which
129 contains not more than four rooms for rent or hire and which is
130 actually occupied by the proprietor of such establishment as his
131 or her residence.
132 (b) Any restaurant, bar, or other establishment serving
133 food or drink cafeteria, lunchroom, lunch counter, soda
134 fountain, or other facility principally engaged in selling food
135 for consumption on the premises, including, but not limited to,
136 any such facility located on the premises of any retail
137 establishment, or any gasoline station.
138 (c) Any motion picture house theater, theater, concert
139 hall, sports arena, stadium, or other place of exhibition or
140 entertainment.
141 (d) Any auditorium, convention center, lecture hall, or
142 other place of public gathering.
143 (e) Any bakery, grocery store, clothing store, hardware
144 store, shopping center, or other sales or rental establishment.
145 (f) Any laundromat, dry cleaner, bank, barber shop, beauty
146 shop, travel service, shoe repair service, funeral parlor, gas
147 station, office of an accountant or lawyer, pharmacy, insurance
148 office, professional office of a health care provider, hospital,
149 or other service establishment.
150 (g) Any terminal, depot, or other station used for public
151 transportation.
152 (h) Any museum, library, gallery, or other place of public
153 display or collection.
154 (i) Any park, zoo, amusement park, or other place of
155 recreation.
156 (j) Any nursery, elementary, secondary, undergraduate, or
157 postgraduate public or private school, or other place of
158 education.
159 (k) Any day care center, senior citizen center, homeless
160 shelter, food bank, adoption agency, or other social service
161 center establishment.
162 (l) Any gymnasium, health spa, bowling alley, golf course,
163 or other place of exercise or recreation.
164 (m)(d) Any establishment which is physically located within
165 the premises of any establishment otherwise covered by this
166 subsection, or within the premises of which is physically
167 located any such covered establishment, and which holds itself
168 out as serving patrons of such covered establishment.
169 (15) “Sexual orientation” means an individual's actual or
170 perceived heterosexuality, homosexuality, or bisexuality.
171 Section 3. Section 760.05, Florida Statutes, is amended to
172 read:
173 760.05 Functions of the commission.—The commission shall
174 promote and encourage fair treatment and equal opportunity for
175 all persons regardless of race, color, religion, sex, national
176 origin, age, disability, sexual orientation, gender identity or
177 expression, pregnancy, familial status handicap, or marital
178 status and mutual understanding and respect among all members of
179 all economic, social, racial, religious, and ethnic groups; and
180 shall endeavor to eliminate discrimination against, and
181 antagonism between, religious, racial, and ethnic groups and
182 their members.
183 Section 4. Section 760.07, Florida Statutes, is amended to
184 read:
185 760.07 Remedies for unlawful discrimination.—Any violation
186 of any Florida statute making unlawful discrimination because of
187 race, color, religion, gender, national origin, age, disability,
188 sexual orientation, gender identity or expression, pregnancy,
189 familial status handicap, or marital status in the areas of
190 education, employment, housing, or public accommodations gives
191 rise to a cause of action for all relief and damages described
192 in s. 760.11(5), unless greater damages are expressly provided
193 for. If the statute prohibiting unlawful discrimination provides
194 an administrative remedy, the action for equitable relief and
195 damages provided for in this section may be initiated only after
196 the plaintiff has exhausted his or her administrative remedy.
197 The term “public accommodations” does not include lodge halls or
198 other similar facilities of private organizations which are made
199 available for public use occasionally or periodically. The right
200 to trial by jury is preserved in any case in which the plaintiff
201 is seeking actual or punitive damages.
202 Section 5. Section 760.08, Florida Statutes, is amended to
203 read:
204 760.08 Discrimination in places of public accommodation.
205 All persons shall be entitled to the full and equal enjoyment of
206 the goods, services, facilities, privileges, advantages, and
207 accommodations of any place of public accommodation, as defined
208 in this chapter, without discrimination or segregation on the
209 ground of race, color, national origin, sex, disability, sexual
210 orientation, gender identity or expression, pregnancy handicap,
211 familial status, marital status, or religion.
212 Section 6. Subsections (1) and (2), paragraphs (a) and (b)
213 of subsection (3), subsections (4), (5), and (6), and paragraph
214 (a) of subsection (8) of section 760.10, Florida Statutes, are
215 amended to read:
216 760.10 Unlawful employment practices.—
217 (1) It is an unlawful employment practice for an employer:
218 (a) To discharge or to fail or refuse to hire any
219 individual, or otherwise to discriminate against any individual
220 with respect to compensation, terms, conditions, or privileges
221 of employment, because of such individual's race, color,
222 religion, sex, national origin, age, disability, sexual
223 orientation, gender identity or expression, pregnancy, familial
224 status handicap, or marital status.
225 (b) To limit, segregate, or classify employees or
226 applicants for employment in any way which would deprive or tend
227 to deprive any individual of employment opportunities, or
228 adversely affect any individual's status as an employee, because
229 of such individual's race, color, religion, sex, national
230 origin, age, disability, sexual orientation, gender identity or
231 expression, pregnancy, familial status handicap, or marital
232 status.
233 (2) It is an unlawful employment practice for an employment
234 agency to fail or refuse to refer for employment, or otherwise
235 to discriminate against, any individual because of race, color,
236 religion, sex, national origin, age, disability, sexual
237 orientation, gender identity or expression, pregnancy, familial
238 status handicap, or marital status or to classify or refer for
239 employment any individual on the basis of race, color, religion,
240 sex, national origin, age, disability, sexual orientation,
241 gender identity or expression, pregnancy, familial status
242 handicap, or marital status.
243 (3) It is an unlawful employment practice for a labor
244 organization:
245 (a) To exclude or to expel from its membership, or
246 otherwise to discriminate against, any individual because of
247 race, color, religion, sex, national origin, age, disability,
248 sexual orientation, gender identity or expression, pregnancy,
249 familial status handicap, or marital status.
250 (b) To limit, segregate, or classify its membership or
251 applicants for membership, or to classify or fail or refuse to
252 refer for employment any individual, in any way which would
253 deprive or tend to deprive any individual of employment
254 opportunities, or adversely affect any individual's status as an
255 employee or as an applicant for employment, because of such
256 individual's race, color, religion, sex, national origin, age,
257 disability, sexual orientation, gender identity or expression,
258 pregnancy, familial status handicap, or marital status.
259 (4) It is an unlawful employment practice for any employer,
260 labor organization, or joint labor-management committee
261 controlling apprenticeship or other training or retraining,
262 including on-the-job training programs, to discriminate against
263 any individual because of race, color, religion, sex, national
264 origin, age, disability, sexual orientation, gender identity or
265 expression, pregnancy, familial status handicap, or marital
266 status in admission to, or employment in, any program
267 established to provide apprenticeship or other training.
268 (5) Whenever, in order to engage in a profession,
269 occupation, or trade, it is required that a person receive a
270 license, certification, or other credential, become a member or
271 an associate of any club, association, or other organization, or
272 pass any examination, it is an unlawful employment practice for
273 any person to discriminate against any other person seeking such
274 license, certification, or other credential, seeking to become a
275 member or associate of such club, association, or other
276 organization, or seeking to take or pass such examination,
277 because of such other person's race, color, religion, sex,
278 national origin, age, disability, sexual orientation, gender
279 identity or expression, pregnancy, familial status handicap, or
280 marital status.
281 (6) It is an unlawful employment practice for an employer,
282 labor organization, employment agency, or joint labor-management
283 committee to print, or cause to be printed or published, any
284 notice or advertisement relating to employment, membership,
285 classification, referral for employment, or apprenticeship or
286 other training, indicating any preference, limitation,
287 specification, or discrimination, based on race, color,
288 religion, sex, national origin, age, absence of disability,
289 sexual orientation, gender identity or expression, pregnancy,
290 familial status handicap, or marital status.
291 (8) Notwithstanding any other provision of this section, it
292 is not an unlawful employment practice under ss. 760.01-760.10
293 for an employer, employment agency, labor organization, or joint
294 labor-management committee to:
295 (a) Take or fail to take any action on the basis of
296 religion, sex, national origin, age, disability, sexual
297 orientation, gender identity or expression, pregnancy, familial
298 status handicap, or marital status in those certain instances in
299 which religion, sex, national origin, age, absence of a
300 particular disability, sexual orientation, gender identity or
301 expression, pregnancy, familial status handicap, or marital
302 status is a bona fide occupational qualification reasonably
303 necessary for the performance of the particular employment to
304 which such action or inaction is related.
305 Section 7. Section 509.092, Florida Statutes, is amended to
306 read:
307 509.092 Public lodging establishments and public food
308 service establishments; rights as private enterprises.—Public
309 lodging establishments and public food service establishments
310 are private enterprises, and the operator has the right to
311 refuse accommodations or service to any person who is
312 objectionable or undesirable to the operator, but such refusal
313 may not be based upon race, creed, color, sex, physical
314 disability, sexual orientation, gender identity or expression,
315 pregnancy, familial status, or national origin. A person
316 aggrieved by a violation of this section or a violation of a
317 rule adopted under this section has a right of action pursuant
318 to s. 760.11.
319 Section 8. Section 760.22, Florida Statutes, is amended to
320 read:
321 760.22 Definitions.—As used in ss. 760.20-760.37, the term:
322 (1) “Commission” means the Florida Commission on Human
323 Relations.
324 (2) “Covered multifamily dwelling” means:
325 (a) A building which consists of four or more units and has
326 an elevator; or
327 (b) The ground floor units of a building which consists of
328 four or more units and does not have an elevator.
329 (3) “Disability” has the same meaning as provided in s.
330 760.02.
331 (4)(3) “Discriminatory housing practice” means an act that
332 is unlawful under the terms of ss. 760.20-760.37.
333 (5)(4) “Dwelling” means any building or structure, or
334 portion thereof, which is occupied as, or designed or intended
335 for occupancy as, a residence by one or more families, and any
336 vacant land which is offered for sale or lease for the
337 construction or location on the land of any such building or
338 structure, or portion thereof.
339 (6)(5) “Familial status” is established when an individual
340 who has not attained the age of 18 years is domiciled with:
341 (a) A parent or other person having legal custody of such
342 individual; or
343 (b) A designee of a parent or other person having legal
344 custody, with the written permission of such parent or other
345 person.
346 (7)(6) “Family” includes a single individual.
347 (8) “Gender identity or expression” has the same meaning as
348 provided in s. 760.02.
349 (7) “Handicap” means:
350 (a) A person has a physical or mental impairment which
351 substantially limits one or more major life activities, or he or
352 she has a record of having, or is regarded as having, such
353 physical or mental impairment; or
354 (b) A person has a developmental disability as defined in
355 s. 393.063.
356 (9)(8) “Person” includes one or more individuals,
357 corporations, partnerships, associations, labor organizations,
358 legal representatives, mutual companies, joint-stock companies,
359 trusts, unincorporated organizations, trustees, trustees in
360 bankruptcy, receivers, and fiduciaries.
361 (10) “Sexual orientation” has the same meaning as provided
362 in s. 760.02.
363 (11)(9) “Substantially equivalent” means an administrative
364 subdivision of the State of Florida meeting the requirements of
365 24 C.F.R. part 115, s. 115.6.
366 (12)(10) “To rent” includes to lease, to sublease, to let,
367 and otherwise to grant for a consideration the right to occupy
368 premises not owned by the occupant.
369 Section 9. Subsections (1), (2), (3), (4), (5), (7), and
370 (8), paragraph (a) of subsection (9), and paragraphs (a) and (d)
371 of subsection (10) of section 760.23, Florida Statutes, are
372 amended to read:
373 760.23 Discrimination in the sale or rental of housing and
374 other prohibited practices.—
375 (1) It is unlawful to refuse to sell or rent after the
376 making of a bona fide offer, to refuse to negotiate for the sale
377 or rental of, or otherwise to make unavailable or deny a
378 dwelling to any person because of race, color, national origin,
379 sex, disability, sexual orientation, gender identity or
380 expression, pregnancy handicap, familial status, marital status,
381 or religion.
382 (2) It is unlawful to discriminate against any person in
383 the terms, conditions, or privileges of sale or rental of a
384 dwelling, or in the provision of services or facilities in
385 connection therewith, because of race, color, national origin,
386 sex, disability, sexual orientation, gender identity or
387 expression, pregnancy handicap, familial status, marital status,
388 or religion.
389 (3) It is unlawful to make, print, or publish, or cause to
390 be made, printed, or published, any notice, statement, or
391 advertisement with respect to the sale or rental of a dwelling
392 that indicates any preference, limitation, or discrimination
393 based on race, color, national origin, sex, disability, sexual
394 orientation, gender identity or expression, pregnancy handicap,
395 familial status, marital status, or religion or an intention to
396 make any such preference, limitation, or discrimination.
397 (4) It is unlawful to represent to any person because of
398 race, color, national origin, sex, disability, sexual
399 orientation, gender identity or expression, pregnancy handicap,
400 familial status, marital status, or religion that any dwelling
401 is not available for inspection, sale, or rental when such
402 dwelling is in fact so available.
403 (5) It is unlawful, for profit, to induce or attempt to
404 induce any person to sell or rent any dwelling by a
405 representation regarding the entry or prospective entry into the
406 neighborhood of a person or persons of a particular race, color,
407 national origin, sex, disability, sexual orientation, gender
408 identity or expression, pregnancy handicap, familial status,
409 marital status, or religion.
410 (7) It is unlawful to discriminate in the sale or rental
411 of, or to otherwise make unavailable or deny, a dwelling to any
412 buyer or renter because of a disability handicap of:
413 (a) That buyer or renter;
414 (b) A person residing in or intending to reside in that
415 dwelling after it is sold, rented, or made available; or
416 (c) Any person associated with the buyer or renter.
417 (8) It is unlawful to discriminate against any person in
418 the terms, conditions, or privileges of sale or rental of a
419 dwelling, or in the provision of services or facilities in
420 connection with such dwelling, because of a disability handicap
421 of:
422 (a) That buyer or renter;
423 (b) A person residing in or intending to reside in that
424 dwelling after it is sold, rented, or made available; or
425 (c) Any person associated with the buyer or renter.
426 (9) For purposes of subsections (7) and (8), discrimination
427 includes:
428 (a) A refusal to permit, at the expense of the disabled
429 handicapped person, reasonable modifications of existing
430 premises occupied or to be occupied by such person if such
431 modifications may be necessary to afford such person full
432 enjoyment of the premises; or
433 (10) Covered multifamily dwellings as defined herein which
434 are intended for first occupancy after March 13, 1991, shall be
435 designed and constructed to have at least one building entrance
436 on an accessible route unless it is impractical to do so because
437 of the terrain or unusual characteristics of the site as
438 determined by commission rule. Such buildings shall also be
439 designed and constructed in such a manner that:
440 (a) The public use and common use portions of such
441 dwellings are readily accessible to and usable by disabled
442 handicapped persons.
443 (d) Compliance with the appropriate requirements of the
444 American National Standards Institute for buildings and
445 facilities providing accessibility and usability for physically
446 disabled handicapped people, commonly cited as ANSI A117.1-1986,
447 suffices to satisfy the requirements of paragraph (c).
448
449 State agencies with building construction regulation
450 responsibility or local governments, as appropriate, shall
451 review the plans and specifications for the construction of
452 covered multifamily dwellings to determine consistency with the
453 requirements of this subsection.
454 Section 10. Section 760.24, Florida Statutes, is amended to
455 read:
456 760.24 Discrimination in the provision of brokerage
457 services.—It is unlawful to deny any person access to, or
458 membership or participation in, any multiple-listing service,
459 real estate brokers' organization, or other service,
460 organization, or facility relating to the business of selling or
461 renting dwellings, or to discriminate against him or her in the
462 terms or conditions of such access, membership, or
463 participation, on account of race, color, national origin, sex,
464 disability, sexual orientation, gender identity or expression,
465 pregnancy handicap, familial status, marital status, or
466 religion.
467 Section 11. Subsection (1) and paragraph (a) of subsection
468 (2) of section 760.25, Florida Statutes, are amended to read:
469 760.25 Discrimination in the financing of housing or in
470 residential real estate transactions.—
471 (1) It is unlawful for any bank, building and loan
472 association, insurance company, or other corporation,
473 association, firm, or enterprise the business of which consists
474 in whole or in part of the making of commercial real estate
475 loans to deny a loan or other financial assistance to a person
476 applying for the loan for the purpose of purchasing,
477 constructing, improving, repairing, or maintaining a dwelling,
478 or to discriminate against him or her in the fixing of the
479 amount, interest rate, duration, or other term or condition of
480 such loan or other financial assistance, because of the race,
481 color, national origin, sex, disability, sexual orientation,
482 gender identity or expression, pregnancy handicap, familial
483 status, marital status, or religion of such person or of any
484 person associated with him or her in connection with such loan
485 or other financial assistance or the purposes of such loan or
486 other financial assistance, or because of the race, color,
487 national origin, sex, disability, sexual orientation, gender
488 identity or expression, pregnancy handicap, familial status,
489 marital status, or religion of the present or prospective
490 owners, lessees, tenants, or occupants of the dwelling or
491 dwellings in relation to which such loan or other financial
492 assistance is to be made or given.
493 (2)(a) It is unlawful for any person or entity whose
494 business includes engaging in residential real estate
495 transactions to discriminate against any person in making
496 available such a transaction, or in the terms or conditions of
497 such a transaction, because of race, color, national origin,
498 sex, disability, sexual orientation, gender identity or
499 expression, pregnancy handicap, familial status, marital status,
500 or religion.
501 Section 12. Section 760.26, Florida Statutes, is amended to
502 read:
503 760.26 Prohibited discrimination in land use decisions and
504 in permitting of development.—It is unlawful to discriminate in
505 land use decisions or in the permitting of development based on
506 race, color, national origin, sex, sexual orientation, gender
507 identity or expression, disability, marital status, pregnancy,
508 familial status, religion, or, except as otherwise provided by
509 law, the source of financing of a development or proposed
510 development.
511 Section 13. Paragraph (a) of subsection (5) of section
512 760.29, Florida Statutes, is amended to read:
513 760.29 Exemptions.—
514 (5) Nothing in ss. 760.20-760.37:
515 (a) Prohibits a person engaged in the business of
516 furnishing appraisals of real property from taking into
517 consideration factors other than race, color, national origin,
518 sex, disability, sexual orientation, gender identity or
519 expression, pregnancy handicap, familial status, marital status,
520 or religion.
521 Section 14. Subsection (5) of section 760.31, Florida
522 Statutes, is amended to read:
523 760.31 Powers and duties of commission.—The commission
524 shall:
525 (5) Adopt rules necessary to implement ss. 760.20-760.37
526 and govern the proceedings of the commission in accordance with
527 chapter 120. Commission rules shall clarify terms used with
528 regard to disabled handicapped accessibility, exceptions from
529 accessibility requirements based on terrain or site
530 characteristics, and requirements related to housing for older
531 persons. Commission rules shall specify the fee and the forms
532 and procedures to be used for the registration required by s.
533 760.29(4)(e).
534 Section 15. Subsection (2) of section 760.50, Florida
535 Statutes, is amended to read:
536 760.50 Discrimination on the basis of AIDS, AIDS-related
537 complex, and HIV prohibited.—
538 (2) Any person with or perceived as having acquired immune
539 deficiency syndrome, acquired immune deficiency syndrome related
540 complex, or human immunodeficiency virus shall have every
541 protection made available to disabled handicapped persons.
542 Section 16. Subsection (1) of section 760.60, Florida
543 Statutes, is amended to read:
544 760.60 Discriminatory practices of certain clubs
545 prohibited; remedies.—
546 (1) It is unlawful for a person to discriminate against any
547 individual because of race, color, religion, gender, national
548 origin, disability, sexual orientation, gender identity or
549 expression, pregnancy, familial status handicap, age above the
550 age of 21, or marital status in evaluating an application for
551 membership in a club that has more than 400 members, that
552 provides regular meal service, and that regularly receives
553 payment for dues, fees, use of space, facilities, services,
554 meals, or beverages directly or indirectly from nonmembers for
555 business purposes. It is unlawful for a person, on behalf of
556 such a club, to publish, circulate, issue, display, post, or
557 mail any advertisement, notice, or solicitation that contains a
558 statement to the effect that the accommodations, advantages,
559 facilities, membership, or privileges of the club are denied to
560 any individual because of race, color, religion, gender,
561 national origin, disability, sexual orientation, gender identity
562 or expression, pregnancy, familial status handicap, age above
563 the age of 21, or marital status. This subsection does not apply
564 to fraternal or benevolent organizations, ethnic clubs, or
565 religious organizations where business activity is not
566 prevalent.
567 Section 17. Paragraph (d) of subsection (1) of section
568 419.001, Florida Statutes, is amended to read:
569 419.001 Site selection of community residential homes.—
570 (1) For the purposes of this section, the following
571 definitions shall apply:
572 (d) “Resident” means any of the following: a frail elder as
573 defined in s. 429.65; a physically disabled or handicapped
574 person as defined in s. 760.22(3) s. 760.22(7)(a); a
575 developmentally disabled person as defined in s. 393.063; a
576 nondangerous mentally ill person as defined in s. 394.455(18);
577 or a child who is found to be dependent as defined in s. 39.01
578 or s. 984.03, or a child in need of services as defined in s.
579 984.03 or s. 985.03.
580 Section 18. This act shall take effect July 1, 2009.