HB 0223

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


CODING: Words stricken are deletions; words underlined are additions.