Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 120
Ì131762%Î131762
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
02/10/2016 .
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The Committee on Judiciary (Simmons) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Florida
6 Competitive Workforce Act.”
7 Section 2. Subsection (1) of section 760.01, Florida
8 Statutes, is republished, and subsection (2) of that section is
9 amended, to read:
10 760.01 Purposes; construction; title.—
11 (1) Sections 760.01-760.11 and 509.092 shall be cited as
12 the “Florida Civil Rights Act of 1992.”
13 (2) The general purposes of the Florida Civil Rights Act of
14 1992 are to secure for all individuals within the state freedom
15 from discrimination because of race, color, religion, sex,
16 pregnancy, national origin, age, sexual orientation, gender
17 identity, handicap, or marital status and thereby to protect
18 their interest in personal dignity, to make available to the
19 state their full productive capacities, to secure the state
20 against domestic strife and unrest, to preserve the public
21 safety, health, and general welfare, and to promote the
22 interests, rights, and privileges of individuals within the
23 state.
24 Section 3. Section 760.02, Florida Statutes, is reordered
25 and amended to read:
26 760.02 Definitions.—For the purposes of ss. 760.01-760.11
27 and 509.092, the term:
28 (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
29 760.11 and 509.092.
30 (2) “Commission” means the Florida Commission on Human
31 Relations created by s. 760.03.
32 (3) “Commissioner” or “member” means a member of the
33 commission.
34 (4) “Discriminatory practice” means any practice made
35 unlawful by the Florida Civil Rights Act of 1992.
36 (10)(5) “National origin” includes ancestry.
37 (11)(6) “Person” includes an individual, association,
38 corporation, joint apprenticeship committee, joint-stock
39 company, labor union, legal representative, mutual company,
40 partnership, receiver, trust, trustee in bankruptcy, or
41 unincorporated organization; any other legal or commercial
42 entity; the state; or any governmental entity or agency.
43 (5)(7) “Employer” means any person employing 15 or more
44 employees for each working day in each of 20 or more calendar
45 weeks in the current or preceding calendar year, and any agent
46 of such a person.
47 (6)(8) “Employment agency” means any person regularly
48 undertaking, with or without compensation, to procure employees
49 for an employer or to procure for employees opportunities to
50 work for an employer, and includes an agent of such a person.
51 (8) “Gender identity” means gender-related identity,
52 appearance, or behavior, regardless of whether such gender
53 related identity, appearance, or behavior is different from that
54 traditionally associated with the person’s physiology or
55 assigned sex at birth, and which gender-related identity can be
56 shown by the person providing clear evidence based upon medical
57 history, care, or treatment of the gender-related identity; and
58 (a) Consistent and uniform assertion of the gender-related
59 identity; or
60 (b) Other evidence that the gender-related identity is a
61 sincerely held part of a person’s core identity and is not being
62 asserted for an improper purpose.
63 (9) “Labor organization” means any organization which
64 exists for the purpose, in whole or in part, of collective
65 bargaining or of dealing with employers concerning grievances,
66 terms or conditions of employment, or other mutual aid or
67 protection in connection with employment.
68 (1)(10) “Aggrieved person” means any person who files a
69 complaint with the Florida Commission on Human Relations
70 Commission.
71 (12)(11) “Public accommodations” means places of public
72 accommodation, lodgings, facilities principally engaged in
73 selling food for consumption on the premises, gasoline stations,
74 places of exhibition or entertainment, and other such covered
75 establishments. The term does not include lodge halls, churches,
76 synagogues, worship centers, or other similar facilities of
77 private organizations even if they are made available for public
78 use occasionally or periodically. Each of the following
79 establishments which serves the public is a place of public
80 accommodation within the meaning of this section:
81 (a) Any inn, hotel, motel, or other establishment that
82 which provides lodging to transient guests, other than an
83 establishment located within a building that which contains not
84 more than four rooms for rent or hire and that which is actually
85 occupied by the proprietor of such establishment as his or her
86 residence.
87 (b) Any restaurant, cafeteria, lunchroom, lunch counter,
88 soda fountain, or other facility principally engaged in selling
89 food for consumption on the premises, including, but not limited
90 to, any such facility located on the premises of any retail
91 establishment, or any gasoline station.
92 (c) Any motion picture theater, theater, concert hall,
93 sports arena, stadium, or other place of exhibition or
94 entertainment.
95 (d) Any establishment that which is physically located
96 within the premises of any establishment otherwise covered by
97 this subsection, or within the premises of which is physically
98 located any such covered establishment, and that which holds
99 itself out as serving patrons of such covered establishment.
100 (13) “Sexual orientation” means an individual’s human
101 heterosexuality, homosexuality, or bisexuality.
102 Section 4. Section 760.05, Florida Statutes, is amended to
103 read:
104 760.05 Functions of the commission.—The commission shall
105 promote and encourage fair treatment and equal opportunity for
106 all persons regardless of race, color, religion, sex, pregnancy,
107 national origin, age, sexual orientation, gender identity,
108 handicap, or marital status and mutual understanding and respect
109 among all members of society. The commission all economic,
110 social, racial, religious, and ethnic groups; and shall endeavor
111 to eliminate discrimination against, and antagonism between,
112 persons on the basis of improper considerations relating to
113 race, color, religion, sex, pregnancy, national origin, age,
114 sexual orientation, gender identity, handicap, or marital status
115 religious, racial, and ethnic groups and their members.
116 Section 5. Section 760.07, Florida Statutes, is amended to
117 read:
118 760.07 Remedies for unlawful discrimination.—Any violation
119 of any Florida statute making unlawful discrimination because of
120 race, color, religion, gender, pregnancy, national origin, age,
121 sexual orientation, gender identity, handicap, or marital status
122 in the areas of education, employment, housing, or public
123 accommodations gives rise to a cause of action for all relief
124 and damages described in s. 760.11(5), unless greater damages
125 are expressly provided for. If the statute prohibiting unlawful
126 discrimination provides an administrative remedy, the action for
127 equitable relief and damages provided for in this section may be
128 initiated only after the plaintiff has exhausted his or her
129 administrative remedy. The term “public accommodations” does not
130 include lodge halls or other similar facilities of private
131 organizations which are made available for public use
132 occasionally or periodically. The right to trial by jury is
133 preserved in any case in which the plaintiff is seeking actual
134 or punitive damages.
135 Section 6. Section 760.08, Florida Statutes, is amended to
136 read:
137 760.08 Discrimination in places of public accommodation.
138 All persons are entitled to the full and equal enjoyment of the
139 goods, services, facilities, privileges, advantages, and
140 accommodations of any place of public accommodation without
141 discrimination or segregation on the ground of race, color,
142 national origin, sex, sexual orientation, gender identity,
143 pregnancy, handicap, familial status, or religion.
144 Section 7. Subsections (1) and (2), paragraphs (a) and (b)
145 of subsection (3), subsections (4), (5), and (6), paragraph (a)
146 of subsection (8), and subsection (9) of section 760.10, Florida
147 Statutes, are amended, and subsection (10) of that section is
148 republished, to read:
149 760.10 Unlawful employment practices.—
150 (1) It is an unlawful employment practice for an employer:
151 (a) To discharge or to fail or refuse to hire any
152 individual, or otherwise to discriminate against any individual
153 with respect to compensation, terms, conditions, or privileges
154 of employment, because of such individual’s race, color,
155 religion, sex, pregnancy, national origin, age, sexual
156 orientation, gender identity, handicap, or marital status.
157 (b) To limit, segregate, or classify employees or
158 applicants for employment in any way that which would deprive or
159 tend to deprive any individual of employment opportunities, or
160 adversely affect any individual’s status as an employee, because
161 of such individual’s race, color, religion, sex, pregnancy,
162 national origin, age, sexual orientation, gender identity,
163 handicap, or marital status.
164 (2) It is an unlawful employment practice for an employment
165 agency to fail or refuse to refer for employment, or otherwise
166 to discriminate against, any individual because of race, color,
167 religion, sex, pregnancy, national origin, age, sexual
168 orientation, gender identity, handicap, or marital status or to
169 classify or refer for employment any individual on the basis of
170 race, color, religion, sex, pregnancy, national origin, age,
171 sexual orientation, gender identity, handicap, or marital
172 status.
173 (3) It is an unlawful employment practice for a labor
174 organization:
175 (a) To exclude or to expel from its membership, or
176 otherwise to discriminate against, any individual because of
177 race, color, religion, sex, pregnancy, national origin, age,
178 sexual orientation, gender identity, handicap, or marital
179 status.
180 (b) To limit, segregate, or classify its membership or
181 applicants for membership, or to classify or fail or refuse to
182 refer for employment any individual, in any way that would
183 deprive or tend to deprive any individual of employment
184 opportunities, or adversely affect any individual’s status as an
185 employee or as an applicant for employment, because of such
186 individual’s race, color, religion, sex, pregnancy, national
187 origin, age, sexual orientation, gender identity, handicap, or
188 marital status.
189 (4) It is an unlawful employment practice for any employer,
190 labor organization, or joint labor-management committee
191 controlling apprenticeship or other training or retraining,
192 including on-the-job training programs, to discriminate against
193 any individual because of race, color, religion, sex, pregnancy,
194 national origin, age, sexual orientation, gender identity,
195 handicap, or marital status in admission to, or employment in,
196 any program established to provide apprenticeship or other
197 training.
198 (5) Whenever, in order to engage in a profession,
199 occupation, or trade, it is required that a person receive a
200 license, certification, or other credential;, become a member or
201 an associate of any club, association, or other organization;,
202 or pass any examination, it is an unlawful employment practice
203 for any person to discriminate against any other person seeking
204 such license, certification, or other credential;, seeking to
205 become a member or associate of such club, association, or other
206 organization;, or seeking to take or pass such examination,
207 because of such other person’s race, color, religion, sex,
208 pregnancy, national origin, age, sexual orientation, gender
209 identity, handicap, or marital status.
210 (6) It is an unlawful employment practice for an employer,
211 a labor organization, an employment agency, or a joint labor
212 management committee to print, or cause to be printed or
213 published, any notice or advertisement relating to employment,
214 membership, classification, referral for employment, or
215 apprenticeship or other training which indicates, indicating any
216 preference, limitation, specification, or discrimination, based
217 on a person’s race, color, religion, sex, pregnancy, national
218 origin, age, sexual orientation, gender identity, absence of
219 handicap, or marital status.
220 (8) Notwithstanding any other provision of this section, it
221 is not an unlawful employment practice under ss. 760.01-760.10
222 for an employer, employment agency, labor organization, or joint
223 labor-management committee to:
224 (a) Take or fail to take any action on the basis of a
225 person’s religion, sex, pregnancy, national origin, age, sexual
226 orientation, gender identity, handicap, or marital status in
227 those certain instances in which religion, sex, condition of
228 pregnancy, national origin, age, sexual orientation, gender
229 identity, absence of a particular handicap, or marital status is
230 a bona fide occupational qualification reasonably necessary for
231 the performance of the particular employment to which such
232 action or inaction is related.
233 (9)(a) This section does shall not apply to any religious
234 corporation, association, educational institution, organization,
235 or society which conditions opportunities in the area of
236 employment or public accommodation to members of that religious
237 corporation, association, educational institution, organization,
238 or society or to persons who subscribe to its tenets or beliefs.
239 (b) This section does shall not prohibit a religious
240 corporation, association, educational institution, organization,
241 or society from giving preference in employment to individuals
242 of a particular religion to perform work connected with the
243 carrying on by such corporations, associations, educational
244 institutions, or societies of its various activities.
245 (c) This section and s. 760.08 are subject to ss. 761.01,
246 761.02, 761.03, 761.04, and 761.05, any other state or federal
247 statutes protecting the free exercise of religion, and may not
248 be interpreted to limit the free exercise of religion and
249 assembly guaranteed by the United States Constitution and the
250 State Constitution.
251 (10) Each employer, employment agency, and labor
252 organization shall post and keep posted in conspicuous places
253 upon its premises a notice provided by the commission setting
254 forth such information as the commission deems appropriate to
255 effectuate the purposes of ss. 760.01-760.10.
256 Section 8. Section 509.092, Florida Statutes, is amended to
257 read:
258 509.092 Public lodging establishments and public food
259 service establishments; rights as private enterprises.—
260 (1) Public lodging establishments and public food service
261 establishments are private enterprises, and the operator has the
262 right to refuse accommodations or service to any person who is
263 objectionable or undesirable to the operator, but such refusal
264 may not be based upon the person’s race, creed, color, sex,
265 pregnancy, physical disability, sexual orientation, gender
266 identity, or national origin.
267 (2) A person aggrieved by a violation of this section or a
268 violation of a rule adopted under this section has a right of
269 action pursuant to s. 760.11.
270 (3) This section is subject to ss. 761.01, 761.02, 761.03,
271 761.04, and 761.05, any other state or federal statutes
272 protecting the free exercise of religion, and may not be
273 interpreted to limit the free exercise of religion and assembly
274 guaranteed by the United States Constitution and the State
275 Constitution.
276 Section 9. Section 760.22, Florida Statutes, is amended to
277 read:
278 760.22 Definitions.—As used in this part ss. 760.20-760.37,
279 the term:
280 (1) “Commission” means the Florida Commission on Human
281 Relations.
282 (2) “Covered multifamily dwelling” means:
283 (a) A building that which consists of four or more units
284 and has an elevator; or
285 (b) The ground floor units of a building that which
286 consists of four or more units and does not have an elevator.
287 (3) “Discriminatory housing practice” means an act that is
288 unlawful under the terms of this part ss. 760.20-760.37.
289 (4) “Dwelling” means any building or structure, or portion
290 thereof, which is occupied as, or designed or intended for
291 occupancy as, a residence by one or more families, and any
292 vacant land that which is offered for sale or lease for the
293 construction or location on the land of any such building or
294 structure, or portion thereof.
295 (5) “Familial status” is established when an individual who
296 has not attained the age of 18 years is domiciled with:
297 (a) A parent or other person having legal custody of such
298 individual; or
299 (b) A designee of a parent or other person having legal
300 custody, with the written permission of such parent or other
301 person.
302 (6) “Family” includes a single individual.
303 (7) “Gender identity” has the same meaning as provided in
304 s. 760.02.
305 (8)(7) “Handicap” means:
306 (a) A person has a physical or mental impairment that which
307 substantially limits one or more major life activities for a
308 person who has, or he or she has a record of having, or is
309 regarded as having that, such physical or mental impairment; or
310 (b) A person has a developmental disability as defined in
311 s. 393.063.
312 (9)(8) “Person” includes one or more individuals,
313 corporations, partnerships, associations, labor organizations,
314 legal representatives, mutual companies, joint-stock companies,
315 trusts, unincorporated organizations, trustees, trustees in
316 bankruptcy, receivers, and fiduciaries.
317 (10) “Sexual orientation” has the same meaning as provided
318 in s. 760.02.
319 (11)(9) “Substantially equivalent” means an administrative
320 subdivision of the State of Florida meeting the requirements of
321 24 C.F.R. part 115, s. 115.6.
322 (12)(10) “To rent” includes to lease, to sublease, to let,
323 and otherwise to grant for a consideration the right to occupy
324 premises not owned by the occupant.
325 Section 10. Subsections (1) - (5) of section 760.23,
326 Florida Statutes, are amended to read:
327 760.23 Discrimination in the sale or rental of housing and
328 other prohibited practices.—
329 (1) It is unlawful to refuse to sell or rent after the
330 making of a bona fide offer, to refuse to negotiate for the sale
331 or rental of, or otherwise to make unavailable or deny a
332 dwelling to any person because of race, color, national origin,
333 sex, sexual orientation, gender identity, handicap, familial
334 status, or religion.
335 (2) It is unlawful to discriminate against any person in
336 the terms, conditions, or privileges of sale or rental of a
337 dwelling, or in the provision of services or facilities in
338 connection therewith, because of race, color, national origin,
339 sex, sexual orientation, gender identity, handicap, familial
340 status, or religion.
341 (3) It is unlawful to make, print, or publish, or cause to
342 be made, printed, or published, any notice, statement, or
343 advertisement with respect to the sale or rental of a dwelling
344 that indicates any preference, limitation, or discrimination
345 based on a person’s race, color, national origin, sex, sexual
346 orientation, gender identity, handicap, familial status, or
347 religion or an intention to make any such preference,
348 limitation, or discrimination.
349 (4) It is unlawful to represent to any person because of
350 the person’s race, color, national origin, sex, sexual
351 orientation, gender identity, handicap, familial status, or
352 religion that any dwelling is not available for inspection,
353 sale, or rental when such dwelling is in fact so available.
354 (5) It is unlawful, for profit, to induce or attempt to
355 induce any person to sell or rent any dwelling by a
356 representation regarding the entry or prospective entry into the
357 neighborhood of a person or persons of a particular race, color,
358 national origin, sex, sexual orientation, gender identity,
359 handicap, familial status, or religion.
360 Section 11. Section 760.24, Florida Statutes, is amended to
361 read:
362 760.24 Discrimination in the provision of brokerage
363 services.—It is unlawful to deny any person access to, or
364 membership or participation in, any multiple-listing service,
365 real estate brokers’ organization, or other service,
366 organization, or facility relating to the business of selling or
367 renting dwellings, or to discriminate against him or her in the
368 terms or conditions of such access, membership, or
369 participation, because on account of race, color, national
370 origin, sex, sexual orientation, gender identity, handicap,
371 familial status, or religion.
372 Section 12. Subsection (1) and paragraph (a) of subsection
373 (2) of section 760.25, Florida Statutes, are amended to read:
374 760.25 Discrimination in the financing of housing or in
375 residential real estate transactions.—
376 (1) It is unlawful for any bank, building and loan
377 association, insurance company, or other corporation,
378 association, firm, or enterprise the business of which consists
379 in whole or in part of the making of commercial real estate
380 loans to deny a loan or other financial assistance to a person
381 applying for the loan for the purpose of purchasing,
382 constructing, improving, repairing, or maintaining a dwelling,
383 or to discriminate against him or her in the fixing of the
384 amount, interest rate, duration, or other term or condition of
385 such loan or other financial assistance, because of the race,
386 color, national origin, sex, sexual orientation, gender
387 identity, handicap, familial status, or religion of such person
388 or of any person associated with him or her in connection with
389 such loan or other financial assistance or the purposes of such
390 loan or other financial assistance, or because of the race,
391 color, national origin, sex, sexual orientation, gender
392 identity, handicap, familial status, or religion of the present
393 or prospective owners, lessees, tenants, or occupants of the
394 dwelling or dwellings in relation to which such loan or other
395 financial assistance is to be made or given.
396 (2)(a) It is unlawful for any person or entity whose
397 business includes engaging in residential real estate
398 transactions to discriminate against any person in making
399 available such a transaction, or in the terms or conditions of
400 such a transaction, because of race, color, national origin,
401 sex, sexual orientation, gender identity, handicap, familial
402 status, or religion.
403 Section 13. Section 760.26, Florida Statutes, is amended to
404 read:
405 760.26 Prohibited discrimination in land use decisions and
406 in permitting of development.—It is unlawful to discriminate in
407 land use decisions or in the permitting of development based on
408 a person’s race, color, national origin, sex, sexual
409 orientation, gender identity, disability, familial status,
410 religion, or, except as otherwise provided by law, the source of
411 financing of a development or proposed development.
412 Section 14. Paragraph (a) of subsection (5) of section
413 760.29, Florida Statutes, is amended to read:
414 760.29 Exemptions.—
415 (5) Nothing in ss. 760.20-760.37:
416 (a) Prohibits a person engaged in the business of
417 furnishing appraisals of real property from taking into
418 consideration factors other than race, color, national origin,
419 sex, sexual orientation, gender identity, handicap, familial
420 status, or religion.
421 Section 15. Subsection (1) of section 760.60, Florida
422 Statutes, is amended to read:
423 760.60 Discriminatory practices of certain clubs
424 prohibited; remedies.—
425 (1) It is unlawful for a person to discriminate against any
426 individual because of race, color, religion, gender, national
427 origin, handicap, age above the age of 21, sexual orientation,
428 gender identity, or marital status in evaluating an application
429 for membership in a club that has more than 400 members, that
430 provides regular meal service, and that regularly receives
431 payment for dues, fees, use of space, facilities, services,
432 meals, or beverages directly or indirectly from nonmembers for
433 business purposes. It is unlawful for a person, on behalf of
434 such a club, to publish, circulate, issue, display, post, or
435 mail any advertisement, notice, or solicitation that contains a
436 statement to the effect that the accommodations, advantages,
437 facilities, membership, or privileges of the club are denied to
438 any individual because of race, color, religion, gender,
439 national origin, handicap, age above the age of 21, sexual
440 orientation, gender identity, or marital status. This subsection
441 does not apply to fraternal or benevolent organizations, ethnic
442 clubs, or religious organizations where business activity is not
443 prevalent.
444 Section 16. Paragraph (e) of subsection (1) of section
445 419.001, Florida Statutes, is amended to read:
446 419.001 Site selection of community residential homes.—
447 (1) For the purposes of this section, the term:
448 (e) “Resident” means any of the following: a frail elder as
449 defined in s. 429.65; a person who has a handicap as defined in
450 s. 760.22(8)(a) s. 760.22(7)(a); a person who has a
451 developmental disability as defined in s. 393.063; a
452 nondangerous person who has a mental illness as defined in s.
453 394.455; or a child who is found to be dependent as defined in
454 s. 39.01 or s. 984.03, or a child in need of services as defined
455 in s. 984.03 or s. 985.03.
456 Section 17. This act shall take effect July 1, 2016.
457
458 ================= T I T L E A M E N D M E N T ================
459 And the title is amended as follows:
460 Delete everything before the enacting clause
461 and insert:
462 A bill to be entitled
463 An act relating to prohibited discrimination; creating
464 the “Florida Competitive Workforce Act”; amending s.
465 760.01, F.S.; revising provisions to include sexual
466 orientation and gender identity as impermissible
467 grounds for discrimination; amending s. 760.02, F.S.;
468 adding and revising definitions; amending s. 760.05,
469 F.S.; adding sexual orientation and gender identity as
470 impermissible grounds for discrimination; revising the
471 Florida Commission on Human Relations’ functions;
472 amending s. 760.07, F.S.; adding sexual orientation
473 and gender identity as impermissible grounds for
474 discrimination; deleting a provision relating to the
475 term “public accommodations”; amending s. 760.08,
476 F.S.; adding sexual orientation and gender identity as
477 impermissible grounds for discrimination; conforming
478 terminology; amending s. 760.10, F.S.; adding sexual
479 orientation and gender identity as impermissible
480 grounds for discrimination; providing an exception for
481 constitutionally protected free exercise of religion;
482 amending s. 509.092, F.S.; adding sexual orientation
483 and gender identity as impermissible grounds for
484 discrimination in public lodging establishments and
485 public food service establishments; providing an
486 exception for constitutionally protected free exercise
487 of religion; amending s. 760.22, F.S.; adding
488 definitions; amending ss. 760.23, 760.24, 760.25,
489 760.26, 760.29, and 760.60, F.S.; adding sexual
490 orientation and gender identity as impermissible
491 grounds for discrimination; amending s. 419.001, F.S.;
492 conforming a cross-reference; providing an effective
493 date.