HB 191

1
A bill to be entitled
2An act relating to prohibited discrimination; amending s.
3760.01, F.S.; revising provisions to include sexual
4orientation, gender identity or expression, and familial
5status as impermissible grounds for discrimination;
6conforming terminology; amending s. 760.02, F.S.; defining
7additional terms; amending ss. 760.05, 760.07, 760.08, and
8760.10, F.S.; revising provisions to include sexual
9orientation, gender identity or expression, familial
10status, and marital status as impermissible grounds for
11discrimination; conforming terminology; amending s.
12509.092, F.S.; revising provisions to include sexual
13orientation, gender identity or expression, and familial
14status as impermissible grounds for discrimination in
15public lodging establishments and public food service
16establishments; amending s. 760.22, F.S.; defining the
17term "disability" and deleting the definition of the term
18"handicap"; amending ss. 760.23, 760.24, 760.25, 760.26,
19and 760.29, F.S.; revising provisions to include sexual
20orientation, gender identity or expression, familial
21status, and marital status as impermissible grounds for
22discrimination; conforming terminology; amending ss.
23760.31 and 760.50, F.S.; conforming terminology; amending
24s. 760.60, F.S.; revising provisions to include sexual
25orientation, gender identity or expression, and familial
26status as impermissible grounds for discrimination;
27conforming terminology; amending s. 419.001, F.S.;
28conforming a cross-reference; providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Subsection (2) of section 760.01, Florida
33Statutes, is amended to read:
34     760.01  Purposes; construction; title.--
35     (2)  The general purposes of the Florida Civil Rights Act
36of 1992 are to secure for all individuals within the state
37freedom from discrimination because of race, color, religion,
38sex, national origin, age, disability, sexual orientation,
39gender identity or expression, familial status handicap, or
40marital status and thereby to protect their interest in personal
41dignity, to make available to the state their full productive
42capacities, to secure the state against domestic strife and
43unrest, to preserve the public safety, health, and general
44welfare, and to promote the interests, rights, and privileges of
45individuals within the state.
46     Section 2.  Section 760.02, Florida Statutes, is amended to
47read:
48     760.02  Definitions.--For the purposes of ss. 760.01-760.11
49and 509.092, the term:
50     (1)  "Aggrieved person" means any person who files a
51complaint with the Florida Commission on Human Relations
52"Florida Civil Rights Act of 1992" means ss. 760.01-760.11 and
53509.092.
54     (2)  "Commission" means the Florida Commission on Human
55Relations created by s. 760.03.
56     (3)  "Commissioner" or "member" means a member of the
57commission.
58     (4)  "Discriminatory practice" means any practice made
59unlawful by the Florida Civil Rights Act of 1992.
60     (5)  "Employer" means any person employing 15 or more
61employees for each working day in each of 20 or more calendar
62weeks in the current or preceding calendar year, and any agent
63of such a person.
64     (6)  "Employment agency" means any person regularly
65undertaking, with or without compensation, to procure employees
66for an employer or to procure for employees opportunities to
67work for an employer, and includes an agent of such a person.
68     (7)  "Familial status" is established when an individual
69who has not attained the age of 18 years is domiciled with:
70     (a)  A parent or other person having legal custody of such
71individual; or
72     (b)  A designee of a parent or other person having legal
73custody, with the written permission of such parent or other
74person.
75     (8)  "Florida Civil Rights Act of 1992" means ss. 760.01-
76760.11 and 509.092.
77     (9)  "Gender identity or expression" means a gender-related
78identity, appearance, or expression of an individual, regardless
79of the individual's assigned sex at birth.
80     (10)  "Labor organization" means any organization that
81exists for the purpose, in whole or in part, of collective
82bargaining or of dealing with employers concerning grievances,
83terms or conditions of employment, or other mutual aid or
84protection in connection with employment.
85     (11)(5)  "National origin" includes ancestry.
86     (12)(6)  "Person" includes an individual, association,
87corporation, joint apprenticeship committee, joint-stock
88company, labor union, legal representative, mutual company,
89partnership, receiver, trust, trustee in bankruptcy, or
90unincorporated organization; any other legal or commercial
91entity; the state; or any governmental entity or agency.
92     (7)  "Employer" means any person employing 15 or more
93employees for each working day in each of 20 or more calendar
94weeks in the current or preceding calendar year, and any agent
95of such a person.
96     (8)  "Employment agency" means any person regularly
97undertaking, with or without compensation, to procure employees
98for an employer or to procure for employees opportunities to
99work for an employer, and includes an agent of such a person.
100     (9)  "Labor organization" means any organization which
101exists for the purpose, in whole or in part, of collective
102bargaining or of dealing with employers concerning grievances,
103terms or conditions of employment, or other mutual aid or
104protection in connection with employment.
105     (10)  "Aggrieved person" means any person who files a
106complaint with the Human Relations Commission.
107     (13)(11)  "Public accommodations" means places of public
108accommodation, lodgings, facilities principally engaged in
109selling food for consumption on the premises, gasoline stations,
110places of exhibition or entertainment, and other covered
111establishments. Each of the following establishments which
112serves the public is a place of public accommodation within the
113meaning of this section:
114     (a)  Any inn, hotel, motel, or other establishment which
115provides lodging to transient guests, other than an
116establishment located within a building which contains not more
117than four rooms for rent or hire and which is actually occupied
118by the proprietor of such establishment as his or her residence.
119     (b)  Any restaurant, cafeteria, lunchroom, lunch counter,
120soda fountain, or other facility principally engaged in selling
121food for consumption on the premises, including, but not limited
122to, any such facility located on the premises of any retail
123establishment, or any gasoline station.
124     (c)  Any motion picture theater, theater, concert hall,
125sports arena, stadium, or other place of exhibition or
126entertainment.
127     (d)  Any establishment which is physically located within
128the premises of any establishment otherwise covered by this
129subsection, or within the premises of which is physically
130located any such covered establishment, and which holds itself
131out as serving patrons of such covered establishment.
132     (14)  "Sexual orientation" means an individual's actual or
133perceived heterosexuality, homosexuality, or bisexuality.
134     Section 3.  Section 760.05, Florida Statutes, is amended to
135read:
136     760.05  Functions of the commission.--The commission shall
137promote and encourage fair treatment and equal opportunity for
138all persons regardless of race, color, religion, sex, national
139origin, age, disability, sexual orientation, gender identity or
140expression, familial status handicap, or marital status and
141mutual understanding and respect among all members of all
142economic, social, racial, religious, and ethnic groups; and
143shall endeavor to eliminate discrimination against, and
144antagonism between, religious, racial, and ethnic groups and
145their members.
146     Section 4.  Section 760.07, Florida Statutes, is amended to
147read:
148     760.07  Remedies for unlawful discrimination.--Any
149violation of any Florida statute making unlawful discrimination
150because of race, color, religion, gender, national origin, age,
151disability, sexual orientation, gender identity or expression,
152familial status handicap, or marital status in the areas of
153education, employment, housing, or public accommodations gives
154rise to a cause of action for all relief and damages described
155in s. 760.11(5), unless greater damages are expressly provided
156for. If the statute prohibiting unlawful discrimination provides
157an administrative remedy, the action for equitable relief and
158damages provided for in this section may be initiated only after
159the plaintiff has exhausted his or her administrative remedy.
160The term "public accommodations" does not include lodge halls or
161other similar facilities of private organizations which are made
162available for public use occasionally or periodically. The right
163to trial by jury is preserved in any case in which the plaintiff
164is seeking actual or punitive damages.
165     Section 5.  Section 760.08, Florida Statutes, is amended to
166read:
167     760.08  Discrimination in places of public
168accommodation.--All persons shall be entitled to the full and
169equal enjoyment of the goods, services, facilities, privileges,
170advantages, and accommodations of any place of public
171accommodation, as defined in this chapter, without
172discrimination or segregation on the ground of race, color,
173national origin, sex, disability, sexual orientation, gender
174identity or expression handicap, familial status, marital
175status, or religion.
176     Section 6.  Subsections (1) and (2), paragraphs (a) and (b)
177of subsection (3), subsections (4), (5), and (6), and paragraph
178(a) of subsection (8) of section 760.10, Florida Statutes, are
179amended 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
183individual, or otherwise to discriminate against any individual
184with respect to compensation, terms, conditions, or privileges
185of employment, because of such individual's race, color,
186religion, sex, national origin, age, disability, sexual
187orientation, gender identity or expression, familial status
188handicap, or marital status.
189     (b)  To limit, segregate, or classify employees or
190applicants for employment in any way which would deprive or tend
191to deprive any individual of employment opportunities, or
192adversely affect any individual's status as an employee, because
193of such individual's race, color, religion, sex, national
194origin, age, disability, sexual orientation, gender identity or
195expression, familial status handicap, or marital status.
196     (2)  It is an unlawful employment practice for an
197employment agency to fail or refuse to refer for employment, or
198otherwise to discriminate against, any individual because of
199race, color, religion, sex, national origin, age, disability,
200sexual orientation, gender identity or expression, familial
201status handicap, or marital status or to classify or refer for
202employment any individual on the basis of race, color, religion,
203sex, national origin, age, disability, sexual orientation,
204gender identity or expression, familial status handicap, or
205marital status.
206     (3)  It is an unlawful employment practice for a labor
207organization:
208     (a)  To exclude or to expel from its membership, or
209otherwise to discriminate against, any individual because of
210race, color, religion, sex, national origin, age, disability,
211sexual orientation, gender identity or expression, familial
212status handicap, or marital status.
213     (b)  To limit, segregate, or classify its membership or
214applicants for membership, or to classify or fail or refuse to
215refer for employment any individual, in any way which would
216deprive or tend to deprive any individual of employment
217opportunities, or adversely affect any individual's status as an
218employee or as an applicant for employment, because of such
219individual's race, color, religion, sex, national origin, age,
220disability, sexual orientation, gender identity or expression,
221familial status handicap, or marital status.
222     (4)  It is an unlawful employment practice for any
223employer, labor organization, or joint labor-management
224committee controlling apprenticeship or other training or
225retraining, including on-the-job training programs, to
226discriminate against any individual because of race, color,
227religion, sex, national origin, age, disability, sexual
228orientation, gender identity or expression, familial status
229handicap, or marital status in admission to, or employment in,
230any program established to provide apprenticeship or other
231training.
232     (5)  Whenever, in order to engage in a profession,
233occupation, or trade, it is required that a person receive a
234license, certification, or other credential, become a member or
235an associate of any club, association, or other organization, or
236pass any examination, it is an unlawful employment practice for
237any person to discriminate against any other person seeking such
238license, certification, or other credential, seeking to become a
239member or associate of such club, association, or other
240organization, or seeking to take or pass such examination,
241because of such other person's race, color, religion, sex,
242national origin, age, disability, sexual orientation, gender
243identity or expression, familial status handicap, or marital
244status.
245     (6)  It is an unlawful employment practice for an employer,
246labor organization, employment agency, or joint labor-management
247committee to print, or cause to be printed or published, any
248notice or advertisement relating to employment, membership,
249classification, referral for employment, or apprenticeship or
250other training, indicating any preference, limitation,
251specification, or discrimination, based on race, color,
252religion, sex, national origin, age, absence of disability,
253sexual orientation, gender identity or expression, familial
254status handicap, or marital status.
255     (8)  Notwithstanding any other provision of this section,
256it is not an unlawful employment practice under ss. 760.01-
257760.10 for an employer, employment agency, labor organization,
258or joint labor-management committee to:
259     (a)  Take or fail to take any action on the basis of
260religion, sex, national origin, age, disability, sexual
261orientation, gender identity or expression, familial status
262handicap, or marital status in those certain instances in which
263religion, sex, national origin, age, absence of a particular
264disability, sexual orientation, gender identity or expression,
265familial status handicap, or marital status is a bona fide
266occupational qualification reasonably necessary for the
267performance of the particular employment to which such action or
268inaction is related.
269     Section 7.  Section 509.092, Florida Statutes, is amended
270to read:
271     509.092  Public lodging establishments and public food
272service establishments; rights as private enterprises.--Public
273lodging establishments and public food service establishments
274are private enterprises, and the operator has the right to
275refuse accommodations or service to any person who is
276objectionable or undesirable to the operator, but such refusal
277may not be based upon race, creed, color, sex, physical
278disability, sexual orientation, gender identity or expression,
279familial status, or national origin. A person aggrieved by a
280violation of this section or a violation of a rule adopted under
281this section has a right of action pursuant to s. 760.11.
282     Section 8.  Section 760.22, Florida Statutes, is amended to
283read:
284     760.22  Definitions.--As used in ss. 760.20-760.37, the
285term:
286     (1)  "Commission" means the Florida Commission on Human
287Relations.
288     (2)  "Covered multifamily dwelling" means:
289     (a)  A building which consists of four or more units and
290has an elevator; or
291     (b)  The ground floor units of a building which consists of
292four 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
295a record of having, or is regarded as having, that substantially
296limits 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
299is unlawful under the terms of ss. 760.20-760.37.
300     (5)(4)  "Dwelling" means any building or structure, or
301portion thereof, which is occupied as, or designed or intended
302for occupancy as, a residence by one or more families, and any
303vacant land which is offered for sale or lease for the
304construction or location on the land of any such building or
305structure, or portion thereof.
306     (6)(5)  "Familial status" is established when an individual
307who has not attained the age of 18 years is domiciled with:
308     (a)  A parent or other person having legal custody of such
309individual; or
310     (b)  A designee of a parent or other person having legal
311custody, with the written permission of such parent or other
312person.
313     (7)(6)  "Family" includes a single individual.
314     (7)  "Handicap" means:
315     (a)  A person has a physical or mental impairment which
316substantially limits one or more major life activities, or he or
317she has a record of having, or is regarded as having, such
318physical or mental impairment; or
319     (b)  A person has a developmental disability as defined in
320s. 393.063.
321     (8)  "Person" includes one or more individuals,
322corporations, partnerships, associations, labor organizations,
323legal representatives, mutual companies, joint-stock companies,
324trusts, unincorporated organizations, trustees, trustees in
325bankruptcy, receivers, and fiduciaries.
326     (9)  "Substantially equivalent" means an administrative
327subdivision of the State of Florida meeting the requirements of
32824 C.F.R. part 115, s. 115.6.
329     (10)  "To rent" includes to lease, to sublease, to let, and
330otherwise to grant for a consideration the right to occupy
331premises 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)
334of subsection (10) of section 760.23, Florida Statutes, are
335amended to read:
336     760.23  Discrimination in the sale or rental of housing and
337other prohibited practices.--
338     (1)  It is unlawful to refuse to sell or rent after the
339making of a bona fide offer, to refuse to negotiate for the sale
340or rental of, or otherwise to make unavailable or deny a
341dwelling to any person because of race, color, national origin,
342sex, disability, sexual orientation, gender identity or
343expression handicap, familial status, marital status, or
344religion.
345     (2)  It is unlawful to discriminate against any person in
346the terms, conditions, or privileges of sale or rental of a
347dwelling, or in the provision of services or facilities in
348connection therewith, because of race, color, national origin,
349sex, disability, sexual orientation, gender identity or
350expression handicap, familial status, marital status, or
351religion.
352     (3)  It is unlawful to make, print, or publish, or cause to
353be made, printed, or published, any notice, statement, or
354advertisement with respect to the sale or rental of a dwelling
355that indicates any preference, limitation, or discrimination
356based on race, color, national origin, sex, disability, sexual
357orientation, gender identity or expression handicap, familial
358status, marital status, or religion or an intention to make any
359such preference, limitation, or discrimination.
360     (4)  It is unlawful to represent to any person because of
361race, color, national origin, sex, disability, sexual
362orientation, gender identity or expression handicap, familial
363status, marital status, or religion that any dwelling is not
364available for inspection, sale, or rental when such dwelling is
365in fact so available.
366     (5)  It is unlawful, for profit, to induce or attempt to
367induce any person to sell or rent any dwelling by a
368representation regarding the entry or prospective entry into the
369neighborhood of a person or persons of a particular race, color,
370national origin, sex, disability, sexual orientation, gender
371identity or expression handicap, familial status, marital
372status, or religion.
373     (7)  It is unlawful to discriminate in the sale or rental
374of, or to otherwise make unavailable or deny, a dwelling to any
375buyer 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
378dwelling 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
381the terms, conditions, or privileges of sale or rental of a
382dwelling, or in the provision of services or facilities in
383connection with such dwelling, because of a disability handicap
384of:
385     (a)  That buyer or renter;
386     (b)  A person residing in or intending to reside in that
387dwelling 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),
390discrimination includes:
391     (a)  A refusal to permit, at the expense of the disabled
392handicapped person, reasonable modifications of existing
393premises occupied or to be occupied by such person if such
394modifications may be necessary to afford such person full
395enjoyment of the premises; or
396     (10)  Covered multifamily dwellings as defined herein which
397are intended for first occupancy after March 13, 1991, shall be
398designed and constructed to have at least one building entrance
399on an accessible route unless it is impractical to do so because
400of the terrain or unusual characteristics of the site as
401determined by commission rule. Such buildings shall also be
402designed and constructed in such a manner that:
403     (a)  The public use and common use portions of such
404dwellings are readily accessible to and usable by disabled
405handicapped persons.
406     (d)  Compliance with the appropriate requirements of the
407American National Standards Institute for buildings and
408facilities providing accessibility and usability for physically
409disabled handicapped people, commonly cited as ANSI A117.1-1986,
410suffices to satisfy the requirements of paragraph (c).
411
412State agencies with building construction regulation
413responsibility or local governments, as appropriate, shall
414review the plans and specifications for the construction of
415covered multifamily dwellings to determine consistency with the
416requirements of this subsection.
417     Section 10.  Section 760.24, Florida Statutes, is amended
418to read:
419     760.24  Discrimination in the provision of brokerage
420services.--It is unlawful to deny any person access to, or
421membership or participation in, any multiple-listing service,
422real estate brokers' organization, or other service,
423organization, or facility relating to the business of selling or
424renting dwellings, or to discriminate against him or her in the
425terms or conditions of such access, membership, or
426participation, on account of race, color, national origin, sex,
427disability, sexual orientation, gender identity or expression
428handicap, 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
432residential real estate transactions.--
433     (1)  It is unlawful for any bank, building and loan
434association, insurance company, or other corporation,
435association, firm, or enterprise the business of which consists
436in whole or in part of the making of commercial real estate
437loans to deny a loan or other financial assistance to a person
438applying for the loan for the purpose of purchasing,
439constructing, improving, repairing, or maintaining a dwelling,
440or to discriminate against him or her in the fixing of the
441amount, interest rate, duration, or other term or condition of
442such loan or other financial assistance, because of the race,
443color, national origin, sex, disability, sexual orientation,
444gender identity or expression handicap, familial status, marital
445status, or religion of such person or of any person associated
446with him or her in connection with such loan or other financial
447assistance or the purposes of such loan or other financial
448assistance, or because of the race, color, national origin, sex,
449disability, sexual orientation, gender identity or expression
450handicap, familial status, marital status, or religion of the
451present or prospective owners, lessees, tenants, or occupants of
452the dwelling or dwellings in relation to which such loan or
453other financial assistance is to be made or given.
454     (2)(a)  It is unlawful for any person or entity whose
455business includes engaging in residential real estate
456transactions to discriminate against any person in making
457available such a transaction, or in the terms or conditions of
458such a transaction, because of race, color, national origin,
459sex, disability, sexual orientation, gender identity or
460expression handicap, familial status, marital status, or
461religion.
462     Section 12.  Section 760.26, Florida Statutes, is amended
463to read:
464     760.26  Prohibited discrimination in land use decisions and
465in permitting of development.--It is unlawful to discriminate in
466land use decisions or in the permitting of development based on
467race, color, national origin, sex, sexual orientation, gender
468identity or expression, disability, marital status, familial
469status, religion, or, except as otherwise provided by law, the
470source of financing of a development or proposed development.
471     Section 13.  Paragraph (a) of subsection (5) of section
472760.29, 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
476furnishing appraisals of real property from taking into
477consideration factors other than race, color, national origin,
478sex, disability, sexual orientation, gender identity or
479expression handicap, familial status, marital status, or
480religion.
481     Section 14.  Subsection (5) of section 760.31, Florida
482Statutes, is amended to read:
483     760.31  Powers and duties of commission.--The commission
484shall:
485     (5)  Adopt rules necessary to implement ss. 760.20-760.37
486and govern the proceedings of the commission in accordance with
487chapter 120. Commission rules shall clarify terms used with
488regard to disabled handicapped accessibility, exceptions from
489accessibility requirements based on terrain or site
490characteristics, and requirements related to housing for older
491persons. Commission rules shall specify the fee and the forms
492and procedures to be used for the registration required by s.
493760.29(4)(e).
494     Section 15.  Subsection (2) of section 760.50, Florida
495Statutes, is amended to read:
496     760.50  Discrimination on the basis of AIDS, AIDS-related
497complex, and HIV prohibited.--
498     (2)  Any person with or perceived as having acquired immune
499deficiency syndrome, acquired immune deficiency syndrome related
500complex, or human immunodeficiency virus shall have every
501protection made available to disabled handicapped persons.
502     Section 16.  Subsection (1) of section 760.60, Florida
503Statutes, is amended to read:
504     760.60  Discriminatory practices of certain clubs
505prohibited; remedies.--
506     (1)  It is unlawful for a person to discriminate against
507any individual because of race, color, religion, gender,
508national origin, disability, sexual orientation, gender identity
509or expression, familial status handicap, age above the age of
51021, or marital status in evaluating an application for
511membership in a club that has more than 400 members, that
512provides regular meal service, and that regularly receives
513payment for dues, fees, use of space, facilities, services,
514meals, or beverages directly or indirectly from nonmembers for
515business purposes. It is unlawful for a person, on behalf of
516such a club, to publish, circulate, issue, display, post, or
517mail any advertisement, notice, or solicitation that contains a
518statement to the effect that the accommodations, advantages,
519facilities, membership, or privileges of the club are denied to
520any individual because of race, color, religion, gender,
521national origin, disability, sexual orientation, gender identity
522or expression, familial status handicap, age above the age of
52321, or marital status. This subsection does not apply to
524fraternal or benevolent organizations, ethnic clubs, or
525religious organizations where business activity is not
526prevalent.
527     Section 17.  Paragraph (d) of subsection (1) of section
528419.001, 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
531definitions shall apply:
532     (d)  "Resident" means any of the following: a frail elder
533as defined in s. 429.65; a physically disabled or handicapped
534person as defined in s. 760.22(3)(7)(a); a developmentally
535disabled person as defined in s. 393.063; a nondangerous
536mentally ill person as defined in s. 394.455(18); or a child who
537is found to be dependent or a child in need of services as
538defined 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.


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