HB 47

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

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