| 1 | A bill to be entitled |
| 2 | An act relating to encouragement of nondiscriminatory |
| 3 | practices in certain clubs; amending s. 760.60, F.S.; |
| 4 | providing for clubs to voluntarily elect to be subject to |
| 5 | specified nondiscrimination requirements without meeting |
| 6 | the membership or meal service thresholds for the |
| 7 | requirements; providing for application of laws, |
| 8 | ordinances, and regulations concerning buildings or zoning |
| 9 | to such clubs; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (4) is added to section 760.60, |
| 14 | Florida Statutes, to read: |
| 15 | 760.60 Discriminatory practices of certain clubs |
| 16 | prohibited; remedies; voluntary compliance.-- |
| 17 | (1) It is unlawful for a person to discriminate against |
| 18 | any individual because of race, color, religion, gender, |
| 19 | national origin, handicap, age above the age of 21, or marital |
| 20 | status in evaluating an application for membership in a club |
| 21 | that has more than 400 members, that provides regular meal |
| 22 | service, and that regularly receives payment for dues, fees, use |
| 23 | of space, facilities, services, meals, or beverages directly or |
| 24 | indirectly from nonmembers for business purposes. It is unlawful |
| 25 | for a person, on behalf of such a club, to publish, circulate, |
| 26 | issue, display, post, or mail any advertisement, notice, or |
| 27 | solicitation that contains a statement to the effect that the |
| 28 | accommodations, advantages, facilities, membership, or |
| 29 | privileges of the club are denied to any individual because of |
| 30 | race, color, religion, gender, national origin, handicap, age |
| 31 | above the age of 21, or marital status. This subsection does not |
| 32 | apply to fraternal or benevolent organizations, ethnic clubs, or |
| 33 | religious organizations where business activity is not |
| 34 | prevalent. |
| 35 | (4) A club may elect to satisfy the nondiscrimination |
| 36 | requirements of subsection (1) regardless of whether the club |
| 37 | exceeds the membership threshold or provides meal service. If a |
| 38 | club elects to satisfy such requirements, or is required to |
| 39 | satisfy such requirements, then the club shall be permitted to |
| 40 | operate in any location in a municipality or county in which the |
| 41 | services that the club provides to its members are permitted, |
| 42 | regardless of whether the services are provided in a club |
| 43 | setting. All laws, ordinances, and regulations concerning |
| 44 | buildings or zoning shall be construed and applied with |
| 45 | reference to the underlying nature and use of the property, |
| 46 | regardless of whether the property is used in a club form, |
| 47 | provided that the club satisfies the nondiscrimination |
| 48 | requirements of subsection (1). |
| 49 | Section 2. This act shall take effect July 1, 2005. |