1 | A bill to be entitled |
2 | An act relating to prohibited discrimination; amending s. |
3 | 760.01, F.S.; revising provisions to include sexual |
4 | orientation, gender identity or expression, and familial |
5 | status as impermissible grounds for discrimination; |
6 | conforming terminology; amending s. 760.02, F.S.; defining |
7 | additional terms; amending ss. 760.05, 760.07, 760.08, and |
8 | 760.10, F.S.; revising provisions to include sexual |
9 | orientation, gender identity or expression, familial |
10 | status, and marital status as impermissible grounds for |
11 | discrimination; conforming terminology; amending s. |
12 | 509.092, F.S.; revising provisions to include sexual |
13 | orientation, gender identity or expression, and familial |
14 | status as impermissible grounds for discrimination in |
15 | public lodging establishments and public food service |
16 | establishments; amending s. 760.22, F.S.; defining the |
17 | term "disability" and deleting the definition of the term |
18 | "handicap"; amending ss. 760.23, 760.24, 760.25, 760.26, |
19 | and 760.29, F.S.; revising provisions to include sexual |
20 | orientation, gender identity or expression, familial |
21 | status, and marital status as impermissible grounds for |
22 | discrimination; conforming terminology; amending ss. |
23 | 760.31 and 760.50, F.S.; conforming terminology; amending |
24 | s. 760.60, F.S.; revising provisions to include sexual |
25 | orientation, gender identity or expression, and familial |
26 | status as impermissible grounds for discrimination; |
27 | conforming terminology; amending s. 419.001, F.S.; |
28 | conforming a cross-reference; providing an effective date. |
29 |
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30 | Be It Enacted by the Legislature of the State of Florida: |
31 |
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32 | Section 1. Subsection (2) of section 760.01, Florida |
33 | Statutes, is amended to read: |
34 | 760.01 Purposes; construction; title.-- |
35 | (2) The general purposes of the Florida Civil Rights Act |
36 | of 1992 are to secure for all individuals within the state |
37 | freedom from discrimination because of race, color, religion, |
38 | sex, national origin, age, disability, sexual orientation, |
39 | gender identity or expression, familial status handicap, or |
40 | marital status and thereby to protect their interest in personal |
41 | dignity, to make available to the state their full productive |
42 | capacities, to secure the state against domestic strife and |
43 | unrest, to preserve the public safety, health, and general |
44 | welfare, and to promote the interests, rights, and privileges of |
45 | individuals within the state. |
46 | Section 2. Section 760.02, Florida Statutes, is amended to |
47 | read: |
48 | 760.02 Definitions.--For the purposes of ss. 760.01-760.11 |
49 | and 509.092, the term: |
50 | (1) "Aggrieved person" means any person who files a |
51 | complaint with the Florida Commission on Human Relations |
52 | "Florida Civil Rights Act of 1992" means ss. 760.01-760.11 and |
53 | 509.092. |
54 | (2) "Commission" means the Florida Commission on Human |
55 | Relations created by s. 760.03. |
56 | (3) "Commissioner" or "member" means a member of the |
57 | commission. |
58 | (4) "Discriminatory practice" means any practice made |
59 | unlawful by the Florida Civil Rights Act of 1992. |
60 | (5) "Employer" means any person employing 15 or more |
61 | employees for each working day in each of 20 or more calendar |
62 | weeks in the current or preceding calendar year, and any agent |
63 | of such a person. |
64 | (6) "Employment agency" means any person regularly |
65 | undertaking, with or without compensation, to procure employees |
66 | for an employer or to procure for employees opportunities to |
67 | work for an employer, and includes an agent of such a person. |
68 | (7) "Familial status" is established when an individual |
69 | who has not attained the age of 18 years is domiciled with: |
70 | (a) A parent or other person having legal custody of such |
71 | individual; or |
72 | (b) A designee of a parent or other person having legal |
73 | custody, with the written permission of such parent or other |
74 | person. |
75 | (8) "Florida Civil Rights Act of 1992" means ss. 760.01- |
76 | 760.11 and 509.092. |
77 | (9) "Gender identity or expression" means a gender-related |
78 | identity, appearance, or expression of an individual, regardless |
79 | of the individual's assigned sex at birth. |
80 | (10) "Labor organization" means any organization that |
81 | exists for the purpose, in whole or in part, of collective |
82 | bargaining or of dealing with employers concerning grievances, |
83 | terms or conditions of employment, or other mutual aid or |
84 | protection in connection with employment. |
85 | (11)(5) "National origin" includes ancestry. |
86 | (12)(6) "Person" includes an individual, association, |
87 | corporation, joint apprenticeship committee, joint-stock |
88 | company, labor union, legal representative, mutual company, |
89 | partnership, receiver, trust, trustee in bankruptcy, or |
90 | unincorporated organization; any other legal or commercial |
91 | entity; the state; or any governmental entity or agency. |
92 | (7) "Employer" means any person employing 15 or more |
93 | employees for each working day in each of 20 or more calendar |
94 | weeks in the current or preceding calendar year, and any agent |
95 | of such a person. |
96 | (8) "Employment agency" means any person regularly |
97 | undertaking, with or without compensation, to procure employees |
98 | for an employer or to procure for employees opportunities to |
99 | work for an employer, and includes an agent of such a person. |
100 | (9) "Labor organization" means any organization which |
101 | exists for the purpose, in whole or in part, of collective |
102 | bargaining or of dealing with employers concerning grievances, |
103 | terms or conditions of employment, or other mutual aid or |
104 | protection in connection with employment. |
105 | (10) "Aggrieved person" means any person who files a |
106 | complaint with the Human Relations Commission. |
107 | (13)(11) "Public accommodations" means places of public |
108 | accommodation, lodgings, facilities principally engaged in |
109 | selling food for consumption on the premises, gasoline stations, |
110 | places of exhibition or entertainment, and other covered |
111 | establishments. Each of the following establishments which |
112 | serves the public is a place of public accommodation within the |
113 | meaning of this section: |
114 | (a) Any inn, hotel, motel, or other establishment which |
115 | provides lodging to transient guests, other than an |
116 | establishment located within a building which contains not more |
117 | than four rooms for rent or hire and which is actually occupied |
118 | by the proprietor of such establishment as his or her residence. |
119 | (b) Any restaurant, cafeteria, lunchroom, lunch counter, |
120 | soda fountain, or other facility principally engaged in selling |
121 | food for consumption on the premises, including, but not limited |
122 | to, any such facility located on the premises of any retail |
123 | establishment, or any gasoline station. |
124 | (c) Any motion picture theater, theater, concert hall, |
125 | sports arena, stadium, or other place of exhibition or |
126 | entertainment. |
127 | (d) Any establishment which is physically located within |
128 | the premises of any establishment otherwise covered by this |
129 | subsection, or within the premises of which is physically |
130 | located any such covered establishment, and which holds itself |
131 | out as serving patrons of such covered establishment. |
132 | (14) "Sexual orientation" means an individual's actual or |
133 | perceived heterosexuality, homosexuality, or bisexuality. |
134 | Section 3. Section 760.05, Florida Statutes, is amended to |
135 | read: |
136 | 760.05 Functions of the commission.--The commission shall |
137 | promote and encourage fair treatment and equal opportunity for |
138 | all persons regardless of race, color, religion, sex, national |
139 | origin, age, disability, sexual orientation, gender identity or |
140 | expression, familial status handicap, or marital status and |
141 | mutual understanding and respect among all members of all |
142 | economic, social, racial, religious, and ethnic groups; and |
143 | shall endeavor to eliminate discrimination against, and |
144 | antagonism between, religious, racial, and ethnic groups and |
145 | their members. |
146 | Section 4. Section 760.07, Florida Statutes, is amended to |
147 | read: |
148 | 760.07 Remedies for unlawful discrimination.--Any |
149 | violation of any Florida statute making unlawful discrimination |
150 | because of race, color, religion, gender, national origin, age, |
151 | disability, sexual orientation, gender identity or expression, |
152 | familial status handicap, or marital status in the areas of |
153 | education, employment, housing, or public accommodations gives |
154 | rise to a cause of action for all relief and damages described |
155 | in s. 760.11(5), unless greater damages are expressly provided |
156 | for. If the statute prohibiting unlawful discrimination provides |
157 | an administrative remedy, the action for equitable relief and |
158 | damages provided for in this section may be initiated only after |
159 | the plaintiff has exhausted his or her administrative remedy. |
160 | The term "public accommodations" does not include lodge halls or |
161 | other similar facilities of private organizations which are made |
162 | available for public use occasionally or periodically. The right |
163 | to trial by jury is preserved in any case in which the plaintiff |
164 | is seeking actual or punitive damages. |
165 | Section 5. Section 760.08, Florida Statutes, is amended to |
166 | read: |
167 | 760.08 Discrimination in places of public |
168 | accommodation.--All persons shall be entitled to the full and |
169 | equal enjoyment of the goods, services, facilities, privileges, |
170 | advantages, and accommodations of any place of public |
171 | accommodation, as defined in this chapter, without |
172 | discrimination or segregation on the ground of race, color, |
173 | national origin, sex, disability, sexual orientation, gender |
174 | identity or expression handicap, familial status, marital |
175 | status, or religion. |
176 | Section 6. Subsections (1) and (2), paragraphs (a) and (b) |
177 | of subsection (3), subsections (4), (5), and (6), and paragraph |
178 | (a) of subsection (8) of section 760.10, Florida Statutes, are |
179 | amended to read: |
180 | 760.10 Unlawful employment practices.-- |
181 | (1) It is an unlawful employment practice for an employer: |
182 | (a) To discharge or to fail or refuse to hire any |
183 | individual, or otherwise to discriminate against any individual |
184 | with respect to compensation, terms, conditions, or privileges |
185 | of employment, because of such individual's race, color, |
186 | religion, sex, national origin, age, disability, sexual |
187 | orientation, gender identity or expression, familial status |
188 | handicap, or marital status. |
189 | (b) To limit, segregate, or classify employees or |
190 | applicants for employment in any way which would deprive or tend |
191 | to deprive any individual of employment opportunities, or |
192 | adversely affect any individual's status as an employee, because |
193 | of such individual's race, color, religion, sex, national |
194 | origin, age, disability, sexual orientation, gender identity or |
195 | expression, familial status handicap, or marital status. |
196 | (2) It is an unlawful employment practice for an |
197 | employment agency to fail or refuse to refer for employment, or |
198 | otherwise to discriminate against, any individual because of |
199 | race, color, religion, sex, national origin, age, disability, |
200 | sexual orientation, gender identity or expression, familial |
201 | status handicap, or marital status or to classify or refer for |
202 | employment any individual on the basis of race, color, religion, |
203 | sex, national origin, age, disability, sexual orientation, |
204 | gender identity or expression, familial status handicap, or |
205 | marital status. |
206 | (3) It is an unlawful employment practice for a labor |
207 | organization: |
208 | (a) To exclude or to expel from its membership, or |
209 | otherwise to discriminate against, any individual because of |
210 | race, color, religion, sex, national origin, age, disability, |
211 | sexual orientation, gender identity or expression, familial |
212 | status handicap, or marital status. |
213 | (b) To limit, segregate, or classify its membership or |
214 | applicants for membership, or to classify or fail or refuse to |
215 | refer for employment any individual, in any way which would |
216 | deprive or tend to deprive any individual of employment |
217 | opportunities, or adversely affect any individual's status as an |
218 | employee or as an applicant for employment, because of such |
219 | individual's race, color, religion, sex, national origin, age, |
220 | disability, sexual orientation, gender identity or expression, |
221 | familial status handicap, or marital status. |
222 | (4) It is an unlawful employment practice for any |
223 | employer, labor organization, or joint labor-management |
224 | committee controlling apprenticeship or other training or |
225 | retraining, including on-the-job training programs, to |
226 | discriminate against any individual because of race, color, |
227 | religion, sex, national origin, age, disability, sexual |
228 | orientation, gender identity or expression, familial status |
229 | handicap, or marital status in admission to, or employment in, |
230 | any program established to provide apprenticeship or other |
231 | training. |
232 | (5) Whenever, in order to engage in a profession, |
233 | occupation, or trade, it is required that a person receive a |
234 | license, certification, or other credential, become a member or |
235 | an associate of any club, association, or other organization, or |
236 | pass any examination, it is an unlawful employment practice for |
237 | any person to discriminate against any other person seeking such |
238 | license, certification, or other credential, seeking to become a |
239 | member or associate of such club, association, or other |
240 | organization, or seeking to take or pass such examination, |
241 | because of such other person's race, color, religion, sex, |
242 | national origin, age, disability, sexual orientation, gender |
243 | identity or expression, familial status handicap, or marital |
244 | status. |
245 | (6) It is an unlawful employment practice for an employer, |
246 | labor organization, employment agency, or joint labor-management |
247 | committee to print, or cause to be printed or published, any |
248 | notice or advertisement relating to employment, membership, |
249 | classification, referral for employment, or apprenticeship or |
250 | other training, indicating any preference, limitation, |
251 | specification, or discrimination, based on race, color, |
252 | religion, sex, national origin, age, absence of disability, |
253 | sexual orientation, gender identity or expression, familial |
254 | status handicap, or marital status. |
255 | (8) Notwithstanding any other provision of this section, |
256 | it is not an unlawful employment practice under ss. 760.01- |
257 | 760.10 for an employer, employment agency, labor organization, |
258 | or joint labor-management committee to: |
259 | (a) Take or fail to take any action on the basis of |
260 | religion, sex, national origin, age, disability, sexual |
261 | orientation, gender identity or expression, familial status |
262 | handicap, or marital status in those certain instances in which |
263 | religion, sex, national origin, age, absence of a particular |
264 | disability, sexual orientation, gender identity or expression, |
265 | familial status handicap, or marital status is a bona fide |
266 | occupational qualification reasonably necessary for the |
267 | performance of the particular employment to which such action or |
268 | inaction is related. |
269 | Section 7. Section 509.092, Florida Statutes, is amended |
270 | to read: |
271 | 509.092 Public lodging establishments and public food |
272 | service establishments; rights as private enterprises.--Public |
273 | lodging establishments and public food service establishments |
274 | are private enterprises, and the operator has the right to |
275 | refuse accommodations or service to any person who is |
276 | objectionable or undesirable to the operator, but such refusal |
277 | may not be based upon race, creed, color, sex, physical |
278 | disability, sexual orientation, gender identity or expression, |
279 | familial status, or national origin. A person aggrieved by a |
280 | violation of this section or a violation of a rule adopted under |
281 | this section has a right of action pursuant to s. 760.11. |
282 | Section 8. Section 760.22, Florida Statutes, is amended to |
283 | read: |
284 | 760.22 Definitions.--As used in ss. 760.20-760.37, the |
285 | term: |
286 | (1) "Commission" means the Florida Commission on Human |
287 | Relations. |
288 | (2) "Covered multifamily dwelling" means: |
289 | (a) A building which consists of four or more units and |
290 | has an elevator; or |
291 | (b) The ground floor units of a building which consists of |
292 | four or more units and does not have an elevator. |
293 | (3) "Disability" means: |
294 | (a) A physical or mental impairment that a person has, has |
295 | a record of having, or is regarded as having, that substantially |
296 | limits one or more major life activities; or |
297 | (b) A developmental disability as defined in s. 393.063. |
298 | (4)(3) "Discriminatory housing practice" means an act that |
299 | is unlawful under the terms of ss. 760.20-760.37. |
300 | (5)(4) "Dwelling" means any building or structure, or |
301 | portion thereof, which is occupied as, or designed or intended |
302 | for occupancy as, a residence by one or more families, and any |
303 | vacant land which is offered for sale or lease for the |
304 | construction or location on the land of any such building or |
305 | structure, or portion thereof. |
306 | (6)(5) "Familial status" is established when an individual |
307 | who has not attained the age of 18 years is domiciled with: |
308 | (a) A parent or other person having legal custody of such |
309 | individual; or |
310 | (b) A designee of a parent or other person having legal |
311 | custody, with the written permission of such parent or other |
312 | person. |
313 | (7)(6) "Family" includes a single individual. |
314 | (7) "Handicap" means: |
315 | (a) A person has a physical or mental impairment which |
316 | substantially limits one or more major life activities, or he or |
317 | she has a record of having, or is regarded as having, such |
318 | physical or mental impairment; or |
319 | (b) A person has a developmental disability as defined in |
320 | s. 393.063. |
321 | (8) "Person" includes one or more individuals, |
322 | corporations, partnerships, associations, labor organizations, |
323 | legal representatives, mutual companies, joint-stock companies, |
324 | trusts, unincorporated organizations, trustees, trustees in |
325 | bankruptcy, receivers, and fiduciaries. |
326 | (9) "Substantially equivalent" means an administrative |
327 | subdivision of the State of Florida meeting the requirements of |
328 | 24 C.F.R. part 115, s. 115.6. |
329 | (10) "To rent" includes to lease, to sublease, to let, and |
330 | otherwise to grant for a consideration the right to occupy |
331 | premises not owned by the occupant. |
332 | Section 9. Subsections (1), (2), (3), (4), (5), (7), and |
333 | (8), paragraph (a) of subsection (9), and paragraphs (a) and (d) |
334 | of subsection (10) of section 760.23, Florida Statutes, are |
335 | amended to read: |
336 | 760.23 Discrimination in the sale or rental of housing and |
337 | other prohibited practices.-- |
338 | (1) It is unlawful to refuse to sell or rent after the |
339 | making of a bona fide offer, to refuse to negotiate for the sale |
340 | or rental of, or otherwise to make unavailable or deny a |
341 | dwelling to any person because of race, color, national origin, |
342 | sex, disability, sexual orientation, gender identity or |
343 | expression handicap, familial status, marital status, or |
344 | religion. |
345 | (2) It is unlawful to discriminate against any person in |
346 | the terms, conditions, or privileges of sale or rental of a |
347 | dwelling, or in the provision of services or facilities in |
348 | connection therewith, because of race, color, national origin, |
349 | sex, disability, sexual orientation, gender identity or |
350 | expression handicap, familial status, marital status, or |
351 | religion. |
352 | (3) It is unlawful to make, print, or publish, or cause to |
353 | be made, printed, or published, any notice, statement, or |
354 | advertisement with respect to the sale or rental of a dwelling |
355 | that indicates any preference, limitation, or discrimination |
356 | based on race, color, national origin, sex, disability, sexual |
357 | orientation, gender identity or expression handicap, familial |
358 | status, marital status, or religion or an intention to make any |
359 | such preference, limitation, or discrimination. |
360 | (4) It is unlawful to represent to any person because of |
361 | race, color, national origin, sex, disability, sexual |
362 | orientation, gender identity or expression handicap, familial |
363 | status, marital status, or religion that any dwelling is not |
364 | available for inspection, sale, or rental when such dwelling is |
365 | in fact so available. |
366 | (5) It is unlawful, for profit, to induce or attempt to |
367 | induce any person to sell or rent any dwelling by a |
368 | representation regarding the entry or prospective entry into the |
369 | neighborhood of a person or persons of a particular race, color, |
370 | national origin, sex, disability, sexual orientation, gender |
371 | identity or expression handicap, familial status, marital |
372 | status, or religion. |
373 | (7) It is unlawful to discriminate in the sale or rental |
374 | of, or to otherwise make unavailable or deny, a dwelling to any |
375 | buyer or renter because of a disability handicap of: |
376 | (a) That buyer or renter; |
377 | (b) A person residing in or intending to reside in that |
378 | dwelling after it is sold, rented, or made available; or |
379 | (c) Any person associated with the buyer or renter. |
380 | (8) It is unlawful to discriminate against any person in |
381 | the terms, conditions, or privileges of sale or rental of a |
382 | dwelling, or in the provision of services or facilities in |
383 | connection with such dwelling, because of a disability handicap |
384 | of: |
385 | (a) That buyer or renter; |
386 | (b) A person residing in or intending to reside in that |
387 | dwelling after it is sold, rented, or made available; or |
388 | (c) Any person associated with the buyer or renter. |
389 | (9) For purposes of subsections (7) and (8), |
390 | discrimination includes: |
391 | (a) A refusal to permit, at the expense of the disabled |
392 | handicapped person, reasonable modifications of existing |
393 | premises occupied or to be occupied by such person if such |
394 | modifications may be necessary to afford such person full |
395 | enjoyment of the premises; or |
396 | (10) Covered multifamily dwellings as defined herein which |
397 | are intended for first occupancy after March 13, 1991, shall be |
398 | designed and constructed to have at least one building entrance |
399 | on an accessible route unless it is impractical to do so because |
400 | of the terrain or unusual characteristics of the site as |
401 | determined by commission rule. Such buildings shall also be |
402 | designed and constructed in such a manner that: |
403 | (a) The public use and common use portions of such |
404 | dwellings are readily accessible to and usable by disabled |
405 | handicapped persons. |
406 | (d) Compliance with the appropriate requirements of the |
407 | American National Standards Institute for buildings and |
408 | facilities providing accessibility and usability for physically |
409 | disabled handicapped people, commonly cited as ANSI A117.1-1986, |
410 | suffices to satisfy the requirements of paragraph (c). |
411 |
|
412 | State agencies with building construction regulation |
413 | responsibility or local governments, as appropriate, shall |
414 | review the plans and specifications for the construction of |
415 | covered multifamily dwellings to determine consistency with the |
416 | requirements of this subsection. |
417 | Section 10. Section 760.24, Florida Statutes, is amended |
418 | to read: |
419 | 760.24 Discrimination in the provision of brokerage |
420 | services.--It is unlawful to deny any person access to, or |
421 | membership or participation in, any multiple-listing service, |
422 | real estate brokers' organization, or other service, |
423 | organization, or facility relating to the business of selling or |
424 | renting dwellings, or to discriminate against him or her in the |
425 | terms or conditions of such access, membership, or |
426 | participation, on account of race, color, national origin, sex, |
427 | disability, sexual orientation, gender identity or expression |
428 | handicap, familial status, marital status, or religion. |
429 | Section 11. Subsection (1) and paragraph (a) of subsection |
430 | (2) of section 760.25, Florida Statutes, are amended to read: |
431 | 760.25 Discrimination in the financing of housing or in |
432 | residential real estate transactions.-- |
433 | (1) It is unlawful for any bank, building and loan |
434 | association, insurance company, or other corporation, |
435 | association, firm, or enterprise the business of which consists |
436 | in whole or in part of the making of commercial real estate |
437 | loans to deny a loan or other financial assistance to a person |
438 | applying for the loan for the purpose of purchasing, |
439 | constructing, improving, repairing, or maintaining a dwelling, |
440 | or to discriminate against him or her in the fixing of the |
441 | amount, interest rate, duration, or other term or condition of |
442 | such loan or other financial assistance, because of the race, |
443 | color, national origin, sex, disability, sexual orientation, |
444 | gender identity or expression handicap, familial status, marital |
445 | status, or religion of such person or of any person associated |
446 | with him or her in connection with such loan or other financial |
447 | assistance or the purposes of such loan or other financial |
448 | assistance, or because of the race, color, national origin, sex, |
449 | disability, sexual orientation, gender identity or expression |
450 | handicap, familial status, marital status, or religion of the |
451 | present or prospective owners, lessees, tenants, or occupants of |
452 | the dwelling or dwellings in relation to which such loan or |
453 | other financial assistance is to be made or given. |
454 | (2)(a) It is unlawful for any person or entity whose |
455 | business includes engaging in residential real estate |
456 | transactions to discriminate against any person in making |
457 | available such a transaction, or in the terms or conditions of |
458 | such a transaction, because of race, color, national origin, |
459 | sex, disability, sexual orientation, gender identity or |
460 | expression handicap, familial status, marital status, or |
461 | religion. |
462 | Section 12. Section 760.26, Florida Statutes, is amended |
463 | to read: |
464 | 760.26 Prohibited discrimination in land use decisions and |
465 | in permitting of development.--It is unlawful to discriminate in |
466 | land use decisions or in the permitting of development based on |
467 | race, color, national origin, sex, sexual orientation, gender |
468 | identity or expression, disability, marital status, familial |
469 | status, religion, or, except as otherwise provided by law, the |
470 | source of financing of a development or proposed development. |
471 | Section 13. Paragraph (a) of subsection (5) of section |
472 | 760.29, Florida Statutes, is amended to read: |
473 | 760.29 Exemptions.-- |
474 | (5) Nothing in ss. 760.20-760.37: |
475 | (a) Prohibits a person engaged in the business of |
476 | furnishing appraisals of real property from taking into |
477 | consideration factors other than race, color, national origin, |
478 | sex, disability, sexual orientation, gender identity or |
479 | expression handicap, familial status, marital status, or |
480 | religion. |
481 | Section 14. Subsection (5) of section 760.31, Florida |
482 | Statutes, is amended to read: |
483 | 760.31 Powers and duties of commission.--The commission |
484 | shall: |
485 | (5) Adopt rules necessary to implement ss. 760.20-760.37 |
486 | and govern the proceedings of the commission in accordance with |
487 | chapter 120. Commission rules shall clarify terms used with |
488 | regard to disabled handicapped accessibility, exceptions from |
489 | accessibility requirements based on terrain or site |
490 | characteristics, and requirements related to housing for older |
491 | persons. Commission rules shall specify the fee and the forms |
492 | and procedures to be used for the registration required by s. |
493 | 760.29(4)(e). |
494 | Section 15. Subsection (2) of section 760.50, Florida |
495 | Statutes, is amended to read: |
496 | 760.50 Discrimination on the basis of AIDS, AIDS-related |
497 | complex, and HIV prohibited.-- |
498 | (2) Any person with or perceived as having acquired immune |
499 | deficiency syndrome, acquired immune deficiency syndrome related |
500 | complex, or human immunodeficiency virus shall have every |
501 | protection made available to disabled handicapped persons. |
502 | Section 16. Subsection (1) of section 760.60, Florida |
503 | Statutes, is amended to read: |
504 | 760.60 Discriminatory practices of certain clubs |
505 | prohibited; remedies.-- |
506 | (1) It is unlawful for a person to discriminate against |
507 | any individual because of race, color, religion, gender, |
508 | national origin, disability, sexual orientation, gender identity |
509 | or expression, familial status handicap, age above the age of |
510 | 21, or marital status in evaluating an application for |
511 | membership in a club that has more than 400 members, that |
512 | provides regular meal service, and that regularly receives |
513 | payment for dues, fees, use of space, facilities, services, |
514 | meals, or beverages directly or indirectly from nonmembers for |
515 | business purposes. It is unlawful for a person, on behalf of |
516 | such a club, to publish, circulate, issue, display, post, or |
517 | mail any advertisement, notice, or solicitation that contains a |
518 | statement to the effect that the accommodations, advantages, |
519 | facilities, membership, or privileges of the club are denied to |
520 | any individual because of race, color, religion, gender, |
521 | national origin, disability, sexual orientation, gender identity |
522 | or expression, familial status handicap, age above the age of |
523 | 21, or marital status. This subsection does not apply to |
524 | fraternal or benevolent organizations, ethnic clubs, or |
525 | religious organizations where business activity is not |
526 | prevalent. |
527 | Section 17. Paragraph (d) of subsection (1) of section |
528 | 419.001, Florida Statutes, is amended to read: |
529 | 419.001 Site selection of community residential homes.-- |
530 | (1) For the purposes of this section, the following |
531 | definitions shall apply: |
532 | (d) "Resident" means any of the following: a frail elder |
533 | as defined in s. 429.65; a physically disabled or handicapped |
534 | person as defined in s. 760.22(3)(7)(a); a developmentally |
535 | disabled person as defined in s. 393.063; a nondangerous |
536 | mentally ill person as defined in s. 394.455(18); or a child who |
537 | is found to be dependent or a child in need of services as |
538 | defined in s. 39.01(14), s. 984.03(9) or (12), or s. 985.03. |
539 | Section 18. This act shall take effect July 1, 2008. |