Florida Senate - 2014 SB 348
By Senator Abruzzo
25-00506-14 2014348__
1 A bill to be entitled
2 An act relating to prohibited discrimination; creating
3 the “Florida Competitive Workforce Act”; amending s.
4 509.092, F.S.; adding sexual orientation and gender
5 identity or expression and the perception of race,
6 creed, color, sex, physical disability, sexual
7 orientation, gender identity or expression, or
8 national origin as impermissible grounds for
9 discrimination in public lodging establishments and
10 public food service establishments; providing an
11 exception for constitutionally protected free exercise
12 of religion; amending s. 760.01, F.S.; revising
13 provisions to include sexual orientation and gender
14 identity or expression and the perception of race,
15 color, religion, sex, national origin, age, sexual
16 orientation, gender identity or expression, handicap,
17 or marital status as impermissible grounds for
18 discrimination; amending s. 760.02, F.S.; defining
19 additional terms; amending ss. 760.05 and 760.07,
20 F.S.; adding sexual orientation and gender identity or
21 expression and the perception of race, color,
22 religion, sex, national origin, age, sexual
23 orientation, gender identity or expression, handicap,
24 or marital status as impermissible grounds for
25 discrimination; conforming terminology; amending s.
26 760.08, F.S.; adding sexual orientation and gender
27 identity or expression and the perception of race,
28 color, national origin, sex, sexual orientation,
29 gender identity or expression, handicap, familial
30 status, or religion as impermissible grounds for
31 discrimination; amending s. 760.10, F.S.; adding
32 sexual orientation and gender identity or expression
33 and the perception of race, color, religion, sex,
34 national origin, age, sexual orientation, gender
35 identity or expression, handicap, or marital status as
36 impermissible grounds for discrimination; providing an
37 exception for constitutionally protected free exercise
38 of religion; amending s. 760.22, F.S.; defining
39 additional terms; amending ss. 760.23, 760.24, 760.25,
40 and 760.26, F.S.; adding sexual orientation and gender
41 identity or expression and the perception of race,
42 color, national origin, sex, sexual orientation,
43 gender identity or expression, handicap, familial
44 status, or religion as impermissible grounds for
45 discrimination; amending s. 760.29, F.S.; adding
46 sexual orientation and gender identity or expression
47 as impermissible grounds for discrimination; amending
48 s. 760.60, F.S.; adding sexual orientation and gender
49 identity or expression and the perception of race,
50 color, religion, sex, national origin, handicap, age,
51 sexual orientation, gender identity or expression, or
52 marital status as impermissible grounds for
53 discrimination; amending s. 419.001, F.S.; conforming
54 a cross-reference; providing an effective date.
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. This act may be cited as the “Florida
59 Competitive Workforce Act.”
60 Section 2. Section 509.092, Florida Statutes, is amended to
61 read:
62 509.092 Public lodging establishments and public food
63 service establishments; rights as private enterprises.—
64 (1) Public lodging establishments and public food service
65 establishments are private enterprises, and the operator has the
66 right to refuse accommodations or service to any person who is
67 objectionable or undesirable to the operator, but such refusal
68 may not be based upon the person’s actual or perceived race,
69 creed, color, sex, physical disability, sexual orientation,
70 gender identity or expression, or national origin.
71 (2) A person aggrieved by a violation of this section or a
72 violation of a rule adopted under this section has a right of
73 action pursuant to s. 760.11.
74 (3) This section does not limit the free exercise of
75 religion guaranteed by the United States Constitution and the
76 State Constitution.
77 Section 3. Subsection (2) of section 760.01, Florida
78 Statutes, is amended to read:
79 760.01 Purposes; construction; title.—
80 (2) The general purposes of the Florida Civil Rights Act of
81 1992 are to secure for all individuals within the state freedom
82 from discrimination because of, or based on the perception of,
83 race, color, religion, sex, national origin, age, sexual
84 orientation, gender identity or expression, handicap, or marital
85 status and thereby to protect their interest in personal
86 dignity, to make available to the state their full productive
87 capacities, to secure the state against domestic strife and
88 unrest, to preserve the public safety, health, and general
89 welfare, and to promote the interests, rights, and privileges of
90 individuals within the state.
91 Section 4. Section 760.02, Florida Statutes, is amended to
92 read:
93 760.02 Definitions.—For the purposes of ss. 760.01-760.11
94 and 509.092, the term:
95 (1) “Aggrieved person” means a person who files a complaint
96 with the commission.
97 (1) “Florida Civil Rights Act of 1992” means ss. 760.01
98 760.11 and 509.092.
99 (2) “Commission” means the Florida Commission on Human
100 Relations created by s. 760.03.
101 (3) “Commissioner” or “member” means a member of the
102 commission.
103 (4) “Discriminatory practice” means a any practice made
104 unlawful by the Florida Civil Rights Act of 1992.
105 (5) “Employer” means a person employing 15 or more
106 employees for each working day in each of 20 or more calendar
107 weeks in the current or preceding calendar year, and an agent of
108 such a person.
109 (6) “Employment agency” means a person regularly
110 undertaking, with or without compensation, to procure employees
111 for an employer or to procure for employees opportunities to
112 work for an employer, and includes an agent of such a person.
113 (7) “Florida Civil Rights Act of 1992” means ss. 760.01
114 760.11 and 509.092.
115 (8) “Gender identity or expression” means gender-related
116 identity, appearance, expression, or behavior of an individual,
117 regardless of the individual’s assigned sex at birth.
118 (9) “Labor organization” means an organization that exists
119 for the purpose, in whole or in part, of collective bargaining
120 or of dealing with employers concerning grievances, terms or
121 conditions of employment, or other mutual aid or protection in
122 connection with employment.
123 (10)(5) “National origin” includes ancestry.
124 (11)(6) “Person” includes an individual, association,
125 corporation, joint apprenticeship committee, joint-stock
126 company, labor union, legal representative, mutual company,
127 partnership, receiver, trust, trustee in bankruptcy, or
128 unincorporated organization; any other legal or commercial
129 entity; the state; or any governmental entity or agency.
130 (7) “Employer” means any person employing 15 or more
131 employees for each working day in each of 20 or more calendar
132 weeks in the current or preceding calendar year, and any agent
133 of such a person.
134 (8) “Employment agency” means any person regularly
135 undertaking, with or without compensation, to procure employees
136 for an employer or to procure for employees opportunities to
137 work for an employer, and includes an agent of such a person.
138 (9) “Labor organization” means any organization which
139 exists for the purpose, in whole or in part, of collective
140 bargaining or of dealing with employers concerning grievances,
141 terms or conditions of employment, or other mutual aid or
142 protection in connection with employment.
143 (10) “Aggrieved person” means any person who files a
144 complaint with the Human Relations Commission.
145 (12)(11) “Public accommodations” means places of public
146 accommodation, lodgings, facilities principally engaged in
147 selling food for consumption on the premises, gasoline stations,
148 places of exhibition or entertainment, and other covered
149 establishments. Each of the following establishments that which
150 serves the public is a place of public accommodation within the
151 meaning of this section:
152 (a) An Any inn, hotel, motel, or other establishment that
153 which provides lodging to transient guests, other than an
154 establishment located within a building which contains not more
155 than four rooms for rent or hire and which is actually occupied
156 by the proprietor of such establishment as his or her residence.
157 (b) A Any restaurant, cafeteria, lunchroom, lunch counter,
158 soda fountain, or other facility principally engaged in selling
159 food for consumption on the premises, including, but not limited
160 to, any such facility located on the premises of a any retail
161 establishment, or a any gasoline station.
162 (c) A Any motion picture theater, theater, concert hall,
163 sports arena, stadium, or other place of exhibition or
164 entertainment.
165 (d) An Any establishment that which is physically located
166 within the premises of an any establishment otherwise covered by
167 this subsection, or within the premises of which is physically
168 located any such covered establishment, and that which holds
169 itself out as serving patrons of such covered establishment.
170 (13) “Sexual orientation” means an individual’s actual or
171 perceived heterosexuality, homosexuality, or bisexuality.
172 Section 5. Section 760.05, Florida Statutes, is amended to
173 read:
174 760.05 Functions of the commission.—The commission shall
175 promote and encourage fair treatment and equal opportunity for
176 all persons regardless of race, color, religion, sex, national
177 origin, age, sexual orientation, gender identity or expression,
178 handicap, or marital status and mutual understanding and respect
179 among all members of society all economic, social, racial,
180 religious, and ethnic groups; and the commission shall endeavor
181 to eliminate discrimination against, and antagonism between,
182 persons on the basis of, or based on the perception of, race,
183 color, religion, sex, national origin, age, sexual orientation,
184 gender identity or expression, handicap, or marital status
185 religious, racial, and ethnic groups and their members.
186 Section 6. Section 760.07, Florida Statutes, is amended to
187 read:
188 760.07 Remedies for unlawful discrimination.—The Any
189 violation of any Florida statute that prohibits making unlawful
190 discrimination because of, or based on the perception of, race,
191 color, religion, sex gender, national origin, age, sexual
192 orientation, gender identity or expression, handicap, or marital
193 status in the areas of education, employment, housing, or public
194 accommodations gives rise to a cause of action for all relief
195 and damages described in s. 760.11(5), unless greater damages
196 are expressly provided for. If the statute prohibiting unlawful
197 discrimination provides an administrative remedy, the action for
198 equitable relief and damages provided for in this section may be
199 initiated only after the plaintiff has exhausted his or her
200 administrative remedy. The term “public accommodations” does not
201 include lodge halls or other similar facilities of private
202 organizations which are made available for public use
203 occasionally or periodically. The right to trial by jury is
204 preserved in any case in which the plaintiff is seeking actual
205 or punitive damages.
206 Section 7. Section 760.08, Florida Statutes, is amended to
207 read:
208 760.08 Discrimination in places of public accommodation.
209 All persons are shall be entitled to the full and equal
210 enjoyment of the goods, services, facilities, privileges,
211 advantages, and accommodations of any place of public
212 accommodation, as defined in this chapter, without
213 discrimination or segregation on the ground of, or based on the
214 perception of, race, color, national origin, sex, sexual
215 orientation, gender identity or expression, handicap, familial
216 status, or religion.
217 Section 8. Subsections (1) and (2), paragraphs (a) and (b)
218 of subsection (3), subsections (4) through (6), paragraph (a) of
219 subsection (8), and subsection (9) of section 760.10, Florida
220 Statutes, are amended to read:
221 760.10 Unlawful employment practices.—
222 (1) It is an unlawful employment practice for an employer:
223 (a) To discharge or to fail or refuse to hire any
224 individual, or otherwise to discriminate against any individual
225 with respect to compensation, terms, conditions, or privileges
226 of employment, because of, or based on the perception of, such
227 individual’s race, color, religion, sex, national origin, age,
228 sexual orientation, gender identity or expression, handicap, or
229 marital status.
230 (b) To limit, segregate, or classify employees or
231 applicants for employment in any way which would deprive or tend
232 to deprive any individual of employment opportunities, or
233 adversely affect any individual’s status as an employee, because
234 of such individual’s race, color, religion, sex, national
235 origin, age, sexual orientation, gender identity or expression,
236 handicap, or marital status.
237 (2) It is an unlawful employment practice for an employment
238 agency to fail or refuse to refer for employment, or otherwise
239 to discriminate against, any individual because of, or based on
240 the perception of, race, color, religion, sex, national origin,
241 age, sexual orientation, gender identity or expression,
242 handicap, or marital status or to classify or refer for
243 employment any individual on the basis of, or based on the
244 perception of, race, color, religion, sex, national origin, age,
245 sexual orientation, gender identity or expression, handicap, or
246 marital status.
247 (3) It is an unlawful employment practice for a labor
248 organization:
249 (a) To exclude or to expel from its membership, or
250 otherwise to discriminate against, any individual because of, or
251 based on the perception of, race, color, religion, sex, national
252 origin, age, sexual orientation, gender identity or expression,
253 handicap, or marital status.
254 (b) To limit, segregate, or classify its membership or
255 applicants for membership, or to classify or fail or refuse to
256 refer for employment any individual, in any way which would
257 deprive or tend to deprive any individual of employment
258 opportunities, or adversely affect any individual’s status as an
259 employee or as an applicant for employment, because of, or based
260 on the perception of, such individual’s race, color, religion,
261 sex, national origin, age, sexual orientation, gender identity
262 or expression, handicap, or marital status.
263 (4) It is an unlawful employment practice for any employer,
264 labor organization, or joint labor-management committee
265 controlling apprenticeship or other training or retraining,
266 including on-the-job training programs, to discriminate against
267 any individual because of, or based on the perception of, race,
268 color, religion, sex, national origin, age, sexual orientation,
269 gender identity or expression, handicap, or marital status in
270 admission to, or employment in, any program established to
271 provide apprenticeship or other training.
272 (5) Whenever, in order to engage in a profession,
273 occupation, or trade, it is required that a person receive a
274 license, certification, or other credential, become a member or
275 an associate of any club, association, or other organization, or
276 pass any examination, it is an unlawful employment practice for
277 any person to discriminate against any other person seeking such
278 license, certification, or other credential, seeking to become a
279 member or associate of such club, association, or other
280 organization, or seeking to take or pass such examination,
281 because of, or based on the perception of, such other person’s
282 race, color, religion, sex, national origin, age, sexual
283 orientation, gender identity or expression, handicap, or marital
284 status.
285 (6) It is an unlawful employment practice for an employer,
286 labor organization, employment agency, or joint labor-management
287 committee to print, or cause to be printed or published, any
288 notice or advertisement relating to employment, membership,
289 classification, referral for employment, or apprenticeship or
290 other training, indicating any preference, limitation,
291 specification, or discrimination, based on a person’s actual or
292 perceived race, color, religion, sex, national origin, age,
293 sexual orientation, gender identity or expression, absence of
294 handicap, or marital status.
295 (8) Notwithstanding any other provision of this section, it
296 is not an unlawful employment practice under ss. 760.01-760.10
297 for an employer, employment agency, labor organization, or joint
298 labor-management committee to:
299 (a) Take or fail to take any action on the basis of a
300 person’s actual or perceived religion, sex, national origin,
301 age, sexual orientation, gender identity or expression,
302 handicap, or marital status in those certain instances in which
303 religion, sex, national origin, age, sexual orientation, gender
304 identity or expression, absence of a particular handicap, or
305 marital status is a bona fide occupational qualification
306 reasonably necessary for the performance of the particular
307 employment to which such action or inaction is related.
308 (9)(a) This section shall not apply to any religious
309 corporation, association, educational institution, or society
310 which conditions opportunities in the area of employment or
311 public accommodation to members of that religious corporation,
312 association, educational institution, or society or to persons
313 who subscribe to its tenets or beliefs.
314 (b) This section does shall not prohibit a religious
315 corporation, association, educational institution, or society
316 from giving preference in employment to individuals of a
317 particular religion to perform work connected with the carrying
318 on by such corporations, associations, educational institutions,
319 or societies of its various activities.
320 (c) This section and s. 760.08 do not limit the free
321 exercise of religion guaranteed by the United States
322 Constitution and the State Constitution.
323 Section 9. Section 760.22, Florida Statutes, is amended to
324 read:
325 760.22 Definitions.—As used in ss. 760.20-760.37, the term:
326 (1) “Commission” means the Florida Commission on Human
327 Relations.
328 (2) “Covered multifamily dwelling” means:
329 (a) A building that which consists of four or more units
330 and has an elevator; or
331 (b) The ground floor units of a building that which
332 consists of four or more units and does not have an elevator.
333 (3) “Discriminatory housing practice” means an act that is
334 unlawful under the terms of ss. 760.20-760.37.
335 (4) “Dwelling” means any building or structure, or portion
336 thereof, which is occupied as, or designed or intended for
337 occupancy as, a residence by one or more families, and any
338 vacant land that which is offered for sale or lease for the
339 construction or location on the land of any such building or
340 structure, or portion thereof.
341 (5) “Familial status” is established when an individual who
342 has not attained the age of 18 years is domiciled with:
343 (a) A parent or other person having legal custody of such
344 individual; or
345 (b) A designee of a parent or other person having legal
346 custody, with the written permission of such parent or other
347 person.
348 (6) “Family” includes a single individual.
349 (7) “Gender identity or expression” has the same meaning as
350 provided in s. 760.02.
351 (8)(7) “Handicap” means:
352 (a) A person has a physical or mental impairment that which
353 substantially limits one or more major life activities, or he or
354 she has a record of having, or being is regarded as having, such
355 physical or mental impairment; or
356 (b) A person has a developmental disability as defined in
357 s. 393.063.
358 (9)(8) “Person” includes one or more individuals,
359 corporations, partnerships, associations, labor organizations,
360 legal representatives, mutual companies, joint-stock companies,
361 trusts, unincorporated organizations, trustees, trustees in
362 bankruptcy, receivers, and fiduciaries.
363 (10) “Sexual orientation” has the same meaning as provided
364 in s. 760.02.
365 (11)(9) “Substantially equivalent” means an administrative
366 subdivision of the State of Florida meeting the requirements of
367 24 C.F.R. part 115, subpart B s. 115.6.
368 (12)(10) “To rent” includes to lease, to sublease, to let,
369 and otherwise to grant for a consideration the right to occupy
370 premises not owned by the occupant.
371 Section 10. Subsections (1) through (5) of section 760.23,
372 Florida Statutes, are 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, or based upon the perception
379 of, race, color, national origin, sex, sexual orientation,
380 gender identity or expression, handicap, familial status, or
381 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 related services or facilities
385 in connection therewith, because of, or based upon the
386 perception of, race, color, national origin, sex, sexual
387 orientation, gender identity or expression, handicap, familial
388 status, 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 which that indicates any preference, limitation, or
393 discrimination based on a person’s actual or perceived race,
394 color, national origin, sex, sexual orientation, gender identity
395 or expression, handicap, familial status, or religion or an
396 intention to make any such preference, limitation, or
397 discrimination.
398 (4) It is unlawful to represent to any person because of or
399 based on the perception of the person’s race, color, national
400 origin, sex, sexual orientation, gender identity or expression,
401 handicap, familial status, or religion that a any dwelling is
402 not available for inspection, sale, or rental if when such
403 dwelling is in fact so available.
404 (5) It is unlawful, for profit, to induce or attempt to
405 induce a any person to sell or rent any dwelling by a
406 representation regarding the entry or prospective entry into the
407 neighborhood of a person or persons of, or perceived to be of, a
408 particular race, color, national origin, sex, sexual
409 orientation, gender identity or expression, handicap, familial
410 status, or religion.
411 Section 11. Section 760.24, Florida Statutes, is amended to
412 read:
413 760.24 Discrimination in the provision of brokerage
414 services.—It is unlawful to deny any person access to, or
415 membership or participation in, any multiple-listing service,
416 real estate brokers’ organization, or other service,
417 organization, or facility relating to the business of selling or
418 renting dwellings, or to discriminate against him or her in the
419 terms or conditions of such access, membership, or
420 participation, on account of, or based on the perception of,
421 race, color, national origin, sex, sexual orientation, gender
422 identity or expression, handicap, familial status, or religion.
423 Section 12. Subsection (1) and paragraph (a) of subsection
424 (2) of section 760.25, Florida Statutes, are amended to read:
425 760.25 Discrimination in the financing of housing or in
426 residential real estate transactions.—
427 (1) It is unlawful for a any bank, building and loan
428 association, insurance company, or other corporation,
429 association, firm, or enterprise the business of which consists
430 in whole or in part of the making of commercial real estate
431 loans to deny a loan or other financial assistance to a person
432 applying for the loan for the purpose of purchasing,
433 constructing, improving, repairing, or maintaining a dwelling,
434 or to discriminate against him or her in the fixing of the
435 amount, interest rate, duration, or other term or condition of
436 such loan or other financial assistance, because of, or based on
437 the perception of, the race, color, national origin, sex, sexual
438 orientation, gender identity or expression, handicap, familial
439 status, or religion of such person or of any person associated
440 with him or her in connection with such loan or other financial
441 assistance or the purposes of such loan or other financial
442 assistance, or because of, or based on the perception of, the
443 race, color, national origin, sex, sexual orientation, gender
444 identity or expression, handicap, familial status, or religion
445 of the present or prospective owners, lessees, tenants, or
446 occupants of the dwelling or dwellings in relation to which such
447 loan or other financial assistance is to be made or given.
448 (2)(a) It is unlawful for a any person or entity whose
449 business includes engaging in residential real estate
450 transactions to discriminate against any person in making
451 available such a transaction, or in the terms or conditions of
452 such a transaction, because of, or based on the perception of,
453 race, color, national origin, sex, sexual orientation, gender
454 identity or expression, handicap, familial status, or religion.
455 Section 13. Section 760.26, Florida Statutes, is amended to
456 read:
457 760.26 Prohibited discrimination in land use decisions and
458 in permitting of development.—It is unlawful to discriminate in
459 land use decisions or in the permitting of development based on
460 a person’s actual or perceived race, color, national origin,
461 sex, sexual orientation, gender identity or expression,
462 disability, familial status, religion, or, except as otherwise
463 provided by law, the source of financing of a development or
464 proposed development.
465 Section 14. Paragraph (a) of subsection (5) of section
466 760.29, Florida Statutes, is amended to read:
467 760.29 Exemptions.—
468 (5) Nothing in ss. 760.20-760.37:
469 (a) Prohibits a person engaged in the business of
470 furnishing appraisals of real property from taking into
471 consideration factors other than race, color, national origin,
472 sex, sexual orientation, gender identity or expression,
473 handicap, familial status, or religion.
474 Section 15. Subsection (1) of section 760.60, Florida
475 Statutes, is amended to read:
476 760.60 Discriminatory practices of certain clubs
477 prohibited; remedies.—
478 (1) It is unlawful for a person to discriminate against any
479 individual because of, or based on the perception of, race,
480 color, religion, sex gender, national origin, handicap, age
481 above the age of 21, sexual orientation, gender identity or
482 expression handicap, age above the age of 21, or marital status
483 in evaluating an application for membership in a club that has
484 more than 400 members, that provides regular meal service, and
485 that regularly receives payment for dues, fees, use of space,
486 facilities, services, meals, or beverages directly or indirectly
487 from nonmembers for business purposes. It is unlawful for a
488 person, on behalf of such a club, to publish, circulate, issue,
489 display, post, or mail any advertisement, notice, or
490 solicitation that contains a statement to the effect that the
491 accommodations, advantages, facilities, membership, or
492 privileges of the club are denied to any individual because of,
493 or based on the perception of, race, color, religion, sex
494 gender, national origin, handicap, age above the age of 21,
495 sexual orientation, gender identity or expression handicap, age
496 above the age of 21, or marital status. This subsection does not
497 apply to fraternal or benevolent organizations, ethnic clubs, or
498 religious organizations where business activity is not
499 prevalent.
500 Section 16. Paragraph (e) of subsection (1) of section
501 419.001, Florida Statutes, is amended to read:
502 419.001 Site selection of community residential homes.—
503 (1) For the purposes of this section, the term:
504 (e) “Resident” means any of the following: a frail elder as
505 defined in s. 429.65; a person who has a handicap as defined in
506 s. 760.22 760.22(7)(a); a person who has a developmental
507 disability as defined in s. 393.063; a nondangerous person who
508 has a mental illness as defined in s. 394.455; or a child who is
509 found to be dependent as defined in s. 39.01 or s. 984.03, or a
510 child in need of services as defined in s. 984.03 or s. 985.03.
511 Section 17. This act shall take effect July 1, 2014.