Senate Bill sb0410
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 410
    By Senator Wasserman Schultz
    32-519-02                                               See HB
  1                      A bill to be entitled
  2         An act relating to employment practices;
  3         amending ss. 110.105, 110.233, 112.042, and
  4         760.10, F.S.; revising provisions relating to
  5         state employment policy, career service
  6         appointments, county and municipal employment,
  7         and unlawful employment practices, to provide
  8         that discrimination on the basis of sex
  9         includes discrimination on the basis of
10         pregnancy, childbirth, or related medical
11         conditions; providing a limitation with respect
12         to employer health insurance benefits;
13         providing an effective date.
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15  Be It Enacted by the Legislature of the State of Florida:
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17         Section 1.  Subsection (2) of section 110.105, Florida
18  Statutes, is amended to read:
19         110.105  Employment policy of the state.--
20         (2)(a)  All appointments, terminations, assignments and
21  maintenance of status, compensation, privileges, and other
22  terms and conditions of employment in state government shall
23  be made without regard to age, sex, race, religion, national
24  origin, political affiliation, marital status, or handicap,
25  except when a specific sex, age, or physical requirement
26  constitutes a bona fide occupational qualification necessary
27  to proper and efficient administration.
28         (b)  For purposes of this subsection, "without regard
29  to sex" includes, but is not limited to, without regard to
30  pregnancy, childbirth, or related medical conditions. Women
31  affected by pregnancy, childbirth, or related medical
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 410
    32-519-02                                               See HB
  1  conditions shall be treated the same for all
  2  employment-related purposes, including receipt of benefits
  3  under fringe benefits programs, as other persons not so
  4  affected but similar in their ability or inability to work,
  5  and nothing in the employment policy of the state shall be
  6  interpreted to permit otherwise. This paragraph shall not
  7  require a state employer to pay for health insurance benefits
  8  for abortion, except where the life of the mother would be
  9  endangered if the fetus were carried to term, or except where
10  medical complications have arisen from an abortion. However,
11  nothing in this paragraph shall preclude a state employer from
12  providing abortion benefits or shall otherwise affect
13  bargaining agreements in regard to abortion.
14         Section 2.  Subsection (1) of section 110.233, Florida
15  Statutes, is amended to read:
16         110.233  Political activities and unlawful acts
17  prohibited.--
18         (1)(a)  No person shall be appointed to, demoted, or
19  dismissed from any position in the career service, or in any
20  way favored or discriminated against with respect to
21  employment in the career service, because of race, color,
22  national origin, sex, handicap, religious creed, or political
23  opinion or affiliation.
24         (b)  As used in this subsection, "because of sex"
25  includes, but is not limited to, because of pregnancy,
26  childbirth, or related medical conditions. Women affected by
27  pregnancy, childbirth, or related medical conditions shall be
28  treated the same with respect to employment in the career
29  service, including receipt of benefits under fringe benefits
30  programs, as other persons not so affected but similar in
31  their ability or inability to work, and nothing in the career
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 410
    32-519-02                                               See HB
  1  service system of the state shall be interpreted to permit
  2  otherwise.
  3         Section 3.  Subsection (1) of section 112.042, Florida
  4  Statutes, is amended to read:
  5         112.042  Discrimination in county and municipal
  6  employment; relief.--
  7         (1)(a)  It is against the public policy of this state
  8  for the governing body of any county or municipal agency,
  9  board, commission, department, or office, solely because of
10  the race, color, national origin, sex, handicap, or religious
11  creed of any individual, to refuse to hire or employ, to bar,
12  or to discharge from employment such individuals or to
13  otherwise discriminate against such individuals with respect
14  to compensation, hire, tenure, terms, conditions, or
15  privileges of employment, if the individual is the most
16  competent and able to perform the services required.
17         (b)  As used in this subsection, "because of sex"
18  includes, but is not limited to, because of pregnancy,
19  childbirth, or related medical conditions. Women affected by
20  pregnancy, childbirth, or related medical conditions shall be
21  treated the same for all employment-related purposes,
22  including receipt of benefits under fringe benefits programs,
23  as other persons not so affected but similar in their ability
24  or inability to work, and nothing in this subsection shall be
25  interpreted to permit otherwise. This subsection shall not
26  require an employer to pay for health insurance benefits for
27  abortion, except where the life of the mother would be
28  endangered if the fetus were carried to term, or except where
29  medical complications have arisen from an abortion. However,
30  nothing in this subsection shall preclude an employer from
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 410
    32-519-02                                               See HB
  1  providing abortion benefits or shall otherwise affect
  2  bargaining agreements in regard to abortion.
  3         Section 4.  Subsection (10) of section 760.10, Florida
  4  Statutes, is renumbered as subsection (11) and a new
  5  subsection (10) is added to said section to read:
  6         760.10  Unlawful employment practices.--
  7         (10)  As used in this section, the terms "because of
  8  sex" and "on the basis of sex" include, but are not limited
  9  to, because or on the basis of pregnancy, childbirth, or
10  related medical conditions. Women affected by pregnancy,
11  childbirth, or related medical conditions shall be treated the
12  same for all employment-related purposes, including receipt of
13  benefits under fringe benefits programs, as other persons not
14  so affected but similar in their ability or inability to work,
15  and nothing in this section shall be interpreted to permit
16  otherwise. This subsection shall not require an employer to
17  pay for health insurance benefits for abortion, except where
18  the life of the mother would be endangered if the fetus were
19  carried to term, or except where medical complications have
20  arisen from an abortion. However, nothing in this subsection
21  shall preclude an employer from providing abortion benefits or
22  shall otherwise affect bargaining agreements in regard to
23  abortion.
24         Section 5.  This act shall take effect July 1, 2002.
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 410
    32-519-02                                               See HB
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  2                          HOUSE SUMMARY
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      Provides that discrimination on the basis of sex includes
  4    discrimination on the basis of pregnancy, childbirth, or
      related conditions, under the employment policy of the
  5    state and with respect to career service appointments,
      employment by governing bodies of county and municipal
  6    agencies, and the regulation of unlawful employment
      practices. Limits applicability regarding payment for
  7    health insurance benefits for abortion.
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CODING: Words stricken are deletions; words underlined are additions.