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

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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,

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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;

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conforming terminology; amending ss. 760.31 and 760.50,

21

F.S.; conforming terminology; amending s. 760.60, F.S.;

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revising provisions to include sexual orientation and

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familial status as impermissible grounds for

24

discrimination; conforming terminology; amending s.

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419.001, F.S.; conforming a cross-reference; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     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 of

34

1992 are to secure for all individuals within the state freedom

35

from discrimination because of race, color, religion, sex,

36

national origin, age, disability, sexual orientation, familial

37

status handicap, or marital status and thereby to protect their

38

interest in personal dignity, to make available to the state

39

their full productive capacities, to secure the state against

40

domestic strife and unrest, to preserve the public safety,

41

health, and general welfare, and to promote the interests,

42

rights, and privileges of individuals within the state.

43

     Section 2.  Section 760.02, Florida Statutes, is amended to

44

read:

45

     760.02  Definitions.--For the purposes of ss. 760.01-760.11

46

and 509.092, the term:

47

     (1) "Aggrieved person" means any person who files a

48

complaint with the Florida Commission on Human Relations "Florida

49

Civil Rights Act of 1992" means ss. 760.01-760.11 and 509.092.

50

     (2)  "Commission" means the Florida Commission on Human

51

Relations created by s. 760.03.

52

     (3)  "Commissioner" or "member" means a member of the

53

commission.

54

     (4)  "Discriminatory practice" means any practice made

55

unlawful by the Florida Civil Rights Act of 1992.

56

     (5) "Employer" means any person employing 15 or more

57

employees for each working day in each of 20 or more calendar

58

weeks in the current or preceding calendar year, and any agent of

59

such a person.

60

     (6) "Employment agency" means any person regularly

61

undertaking, with or without compensation, to procure employees

62

for an employer or to procure for employees opportunities to work

63

for an employer, and includes an agent of such a person.

64

     (7) "Familial status" is established when an individual who

65

has not attained the age of 18 years is domiciled with:

66

     (a) A parent or other person having legal custody of such

67

individual; or

68

     (b) A designee of a parent or other person having legal

69

custody, with the written permission of such parent or other

70

person.

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     (8) "Florida Civil Rights Act of 1992" means ss. 760.01-

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760.11 and 509.092.

73

     (9) "Labor organization" means any organization that exists

74

for the purpose, in whole or in part, of collective bargaining or

75

of dealing with employers concerning grievances, terms or

76

conditions of employment, or other mutual aid or protection in

77

connection with employment.

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     (10)(5) "National origin" includes ancestry.

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     (11)(6) "Person" includes an individual, association,

80

corporation, joint apprenticeship committee, joint-stock company,

81

labor union, legal representative, mutual company, partnership,

82

receiver, trust, trustee in bankruptcy, or unincorporated

83

organization; any other legal or commercial entity; the state; or

84

any governmental entity or agency.

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     (7) "Employer" means any person employing 15 or more

86

employees for each working day in each of 20 or more calendar

87

weeks in the current or preceding calendar year, and any agent of

88

such a person.

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     (8) "Employment agency" means any person regularly

90

undertaking, with or without compensation, to procure employees

91

for an employer or to procure for employees opportunities to work

92

for an employer, and includes an agent of such a person.

93

     (9) "Labor organization" means any organization which

94

exists for the purpose, in whole or in part, of collective

95

bargaining or of dealing with employers concerning grievances,

96

terms or conditions of employment, or other mutual aid or

97

protection in connection with employment.

98

     (10) "Aggrieved person" means any person who files a

99

complaint with the Human Relations Commission.

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     (12)(11) "Public accommodations" means places of public

101

accommodation, lodgings, facilities principally engaged in

102

selling food for consumption on the premises, gasoline stations,

103

places of exhibition or entertainment, and other covered

104

establishments. Each of the following establishments which serves

105

the public is a place of public accommodation within the meaning

106

of this section:

107

     (a)  Any inn, hotel, motel, or other establishment which

108

provides lodging to transient guests, other than an establishment

109

located within a building which contains not more than four rooms

110

for rent or hire and which is actually occupied by the proprietor

111

of such establishment as his or her residence.

112

     (b)  Any restaurant, cafeteria, lunchroom, lunch counter,

113

soda fountain, or other facility principally engaged in selling

114

food for consumption on the premises, including, but not limited

115

to, any such facility located on the premises of any retail

116

establishment, or any gasoline station.

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     (c)  Any motion picture theater, theater, concert hall,

118

sports arena, stadium, or other place of exhibition or

119

entertainment.

120

     (d)  Any establishment which is physically located within

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the premises of any establishment otherwise covered by this

122

subsection, or within the premises of which is physically located

123

any such covered establishment, and which holds itself out as

124

serving patrons of such covered establishment.

125

     (13) "Sexual orientation" means the condition of being

126

heterosexual, homosexual, or bisexual.

127

     Section 3.  Section 760.05, Florida Statutes, is amended to

128

read:

129

     760.05  Functions of the commission.--The commission shall

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promote and encourage fair treatment and equal opportunity for

131

all persons regardless of race, color, religion, sex, national

132

origin, age, disability, sexual orientation, familial status

133

handicap, or marital status and mutual understanding and respect

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among all members of all economic, social, racial, religious, and

135

ethnic groups; and shall endeavor to eliminate discrimination

136

against, and antagonism between, religious, racial, and ethnic

137

groups and their members.

138

     Section 4.  Section 760.07, Florida Statutes, is amended to

139

read:

140

     760.07  Remedies for unlawful discrimination.--Any violation

141

of any Florida statute making unlawful discrimination because of

142

race, color, religion, gender, national origin, age, disability,

143

sexual orientation, familial status handicap, or marital status

144

in the areas of education, employment, housing, or public

145

accommodations gives rise to a cause of action for all relief and

146

damages described in s. 760.11(5), unless greater damages are

147

expressly provided for. If the statute prohibiting unlawful

148

discrimination provides an administrative remedy, the action for

149

equitable relief and damages provided for in this section may be

150

initiated only after the plaintiff has exhausted his or her

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administrative remedy. The term "public accommodations" does not

152

include lodge halls or other similar facilities of private

153

organizations which are made available for public use

154

occasionally or periodically. The right to trial by jury is

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preserved in any case in which the plaintiff is seeking actual or

156

punitive damages.

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     Section 5.  Section 760.08, Florida Statutes, is amended to

158

read:

159

     760.08  Discrimination in places of public accommodation.--

160

All persons shall be entitled to the full and equal enjoyment of

161

the goods, services, facilities, privileges, advantages, and

162

accommodations of any place of public accommodation, as defined

163

in this chapter, without discrimination or segregation on the

164

ground of race, color, national origin, sex, disability, sexual

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orientation handicap, familial status, marital status, or

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religion.

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     Section 6.  Subsections (1) and (2), paragraphs (a) and (b)

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of subsection (3), subsections (4), (5), and (6), and paragraph

169

(a) of subsection (8) of section 760.10, Florida Statutes, are

170

amended to read:

171

     760.10  Unlawful employment practices.--

172

     (1)  It is an unlawful employment practice for an employer:

173

     (a)  To discharge or to fail or refuse to hire any

174

individual, or otherwise to discriminate against any individual

175

with respect to compensation, terms, conditions, or privileges of

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employment, because of such individual's race, color, religion,

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sex, national origin, age, disability, sexual orientation,

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familial status handicap, or marital status.

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     (b)  To limit, segregate, or classify employees or

180

applicants for employment in any way which would deprive or tend

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to deprive any individual of employment opportunities, or

182

adversely affect any individual's status as an employee, because

183

of such individual's race, color, religion, sex, national origin,

184

age, disability, sexual orientation, familial status handicap, or

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marital status.

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     (2)  It is an unlawful employment practice for an employment

187

agency to fail or refuse to refer for employment, or otherwise to

188

discriminate against, any individual because of race, color,

189

religion, sex, national origin, age, disability, sexual

190

orientation, familial status handicap, or marital status or to

191

classify or refer for employment any individual on the basis of

192

race, color, religion, sex, national origin, age, disability,

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sexual orientation, familial status handicap, or marital status.

194

     (3)  It is an unlawful employment practice for a labor

195

organization:

196

     (a)  To exclude or to expel from its membership, or

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otherwise to discriminate against, any individual because of

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race, color, religion, sex, national origin, age, disability,

199

sexual orientation, familial status handicap, or marital status.

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     (b)  To limit, segregate, or classify its membership or

201

applicants for membership, or to classify or fail or refuse to

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refer for employment any individual, in any way which would

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deprive or tend to deprive any individual of employment

204

opportunities, or adversely affect any individual's status as an

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employee or as an applicant for employment, because of such

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individual's race, color, religion, sex, national origin, age,

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disability, sexual orientation, familial status handicap, or

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marital status.

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     (4)  It is an unlawful employment practice for any employer,

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labor organization, or joint labor-management committee

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controlling apprenticeship or other training or retraining,

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including on-the-job training programs, to discriminate against

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any individual because of race, color, religion, sex, national

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origin, age, disability, sexual orientation, familial status

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handicap, or marital status in admission to, or employment in,

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any program established to provide apprenticeship or other

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training.

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     (5)  Whenever, in order to engage in a profession,

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occupation, or trade, it is required that a person receive a

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license, certification, or other credential, become a member or

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an associate of any club, association, or other organization, or

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pass any examination, it is an unlawful employment practice for

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any person to discriminate against any other person seeking such

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license, certification, or other credential, seeking to become a

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member or associate of such club, association, or other

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organization, or seeking to take or pass such examination,

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because of such other person's race, color, religion, sex,

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national origin, age, disability, sexual orientation, familial

229

status handicap, or marital status.

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     (6)  It is an unlawful employment practice for an employer,

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labor organization, employment agency, or joint labor-management

232

committee to print, or cause to be printed or published, any

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notice or advertisement relating to employment, membership,

234

classification, referral for employment, or apprenticeship or

235

other training, indicating any preference, limitation,

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specification, or discrimination, based on race, color, religion,

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sex, national origin, age, absence of disability, sexual

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orientation, familial status handicap, or marital status.

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     (8)  Notwithstanding any other provision of this section, it

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is not an unlawful employment practice under ss. 760.01-760.10

241

for an employer, employment agency, labor organization, or joint

242

labor-management committee to:

243

     (a)  Take or fail to take any action on the basis of

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religion, sex, national origin, age, disability, sexual

245

orientation handicap, or marital status in those certain

246

instances in which religion, sex, national origin, age, absence

247

of a particular disability, sexual orientation handicap, or

248

marital status is a bona fide occupational qualification

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reasonably necessary for the performance of the particular

250

employment to which such action or inaction is related.

251

     Section 7.  Section 509.092, Florida Statutes, is amended to

252

read:

253

     509.092  Public lodging establishments and public food

254

service establishments; rights as private enterprises.--Public

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lodging establishments and public food service establishments are

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private enterprises, and the operator has the right to refuse

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accommodations or service to any person who is objectionable or

258

undesirable to the operator, but such refusal may not be based

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upon race, creed, color, sex, physical disability, sexual

260

orientation, familial status, or national origin. A person

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aggrieved by a violation of this section or a violation of a rule

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adopted under this section has a right of action pursuant to s.

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760.11.

264

     Section 8.  Section 760.22, Florida Statutes, is amended to

265

read:

266

     760.22  Definitions.--As used in ss. 760.20-760.37, the

267

term:

268

     (1)  "Commission" means the Florida Commission on Human

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Relations.

270

     (2)  "Covered multifamily dwelling" means:

271

     (a)  A building which consists of four or more units and has

272

an elevator; or

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     (b)  The ground floor units of a building which consists of

274

four or more units and does not have an elevator.

275

     (3) "Disability" means:

276

     (a) A physical or mental impairment that a person has, has

277

a record of having, or is regarded as having and that

278

substantially limits one or more major life activities; or

279

     (b) A developmental disability as defined in s. 393.063.

280

     (4)(3) "Discriminatory housing practice" means an act that

281

is unlawful under the terms of ss. 760.20-760.37.

282

     (5)(4) "Dwelling" means any building or structure, or

283

portion thereof, which is occupied as, or designed or intended

284

for occupancy as, a residence by one or more families, and any

285

vacant land which is offered for sale or lease for the

286

construction or location on the land of any such building or

287

structure, or portion thereof.

288

     (6)(5) "Familial status" is established when an individual

289

who has not attained the age of 18 years is domiciled with:

290

     (a)  A parent or other person having legal custody of such

291

individual; or

292

     (b)  A designee of a parent or other person having legal

293

custody, with the written permission of such parent or other

294

person.

295

     (7)(6) "Family" includes a single individual.

296

     (7) "Handicap" means:

297

     (a) A person has a physical or mental impairment which

298

substantially limits one or more major life activities, or he or

299

she has a record of having, or is regarded as having, such

300

physical or mental impairment; or

301

     (b) A person has a developmental disability as defined in

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s. 393.063.

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     (8)  "Person" includes one or more individuals,

304

corporations, partnerships, associations, labor organizations,

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legal representatives, mutual companies, joint-stock companies,

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trusts, unincorporated organizations, trustees, trustees in

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bankruptcy, receivers, and fiduciaries.

308

     (9)  "Substantially equivalent" means an administrative

309

subdivision of the State of Florida meeting the requirements of

310

24 C.F.R. part 115, s. 115.6.

311

     (10)  "To rent" includes to lease, to sublease, to let, and

312

otherwise to grant for a consideration the right to occupy

313

premises not owned by the occupant.

314

     Section 9.  Subsections (1), (2), (3), (5), (7), (8), and

315

(9) and paragraphs (a) and (d) of subsection (10) of section

316

760.23, Florida Statutes, are amended to read:

317

     760.23  Discrimination in the sale or rental of housing and

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other prohibited practices.--

319

     (1)  It is unlawful to refuse to sell or rent after the

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making of a bona fide offer, to refuse to negotiate for the sale

321

or rental of, or otherwise to make unavailable or deny a dwelling

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to any person because of race, color, national origin, sex,

323

disability, sexual orientation handicap, familial status, marital

324

status, or religion.

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     (2)  It is unlawful to discriminate against any person in

326

the terms, conditions, or privileges of sale or rental of a

327

dwelling, or in the provision of services or facilities in

328

connection therewith, because of race, color, national origin,

329

sex, disability, sexual orientation handicap, familial status,

330

marital status, or religion.

331

     (3)  It is unlawful to make, print, or publish, or cause to

332

be made, printed, or published, any notice, statement, or

333

advertisement with respect to the sale or rental of a dwelling

334

that indicates any preference, limitation, or discrimination

335

based on race, color, national origin, sex, disability, sexual

336

orientation handicap, familial status, marital status, or

337

religion or an intention to make any such preference, limitation,

338

or discrimination.

339

     (5)  It is unlawful, for profit, to induce or attempt to

340

induce any person to sell or rent any dwelling by a

341

representation regarding the entry or prospective entry into the

342

neighborhood of a person or persons of a particular race, color,

343

national origin, sex, disability, sexual orientation handicap,

344

familial status, marital status, or religion.

345

     (7)  It is unlawful to discriminate in the sale or rental

346

of, or to otherwise make unavailable or deny, a dwelling to any

347

buyer or renter because of a disability handicap of:

348

     (a)  That buyer or renter;

349

     (b)  A person residing in or intending to reside in that

350

dwelling after it is sold, rented, or made available; or

351

     (c)  Any person associated with the buyer or renter.

352

     (8)  It is unlawful to discriminate against any person in

353

the terms, conditions, or privileges of sale or rental of a

354

dwelling, or in the provision of services or facilities in

355

connection with such dwelling, because of a disability handicap

356

of:

357

     (a)  That buyer or renter;

358

     (b)  A person residing in or intending to reside in that

359

dwelling after it is sold, rented, or made available; or

360

     (c)  Any person associated with the buyer or renter.

361

     (9)  For purposes of subsections (7) and (8), discrimination

362

includes:

363

     (a) A refusal to permit, at the expense of the disabled

364

handicapped person, reasonable modifications of existing premises

365

occupied or to be occupied by such person if such modifications

366

may be necessary to afford such person full enjoyment of the

367

premises; or

368

     (b)  A refusal to make reasonable accommodations in rules,

369

policies, practices, or services, when such accommodations may be

370

necessary to afford such person equal opportunity to use and

371

enjoy a dwelling.

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 review

390

the plans and specifications for the construction of covered

391

multifamily dwellings to determine consistency with the

392

requirements of this subsection.

393

     Section 10.  Section 760.24, Florida Statutes, is amended to

394

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 participation,

402

on account of race, color, national origin, sex, disability,

403

sexual orientation handicap, familial status, marital status, or

404

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 loans

413

to deny a loan or other financial assistance to a person applying

414

for the loan for the purpose of purchasing, constructing,

415

improving, repairing, or maintaining a dwelling, or to

416

discriminate against him or her in the fixing of the amount,

417

interest rate, duration, or other term or condition of such loan

418

or other financial assistance, because of the race, color,

419

national origin, sex, disability, sexual orientation handicap,

420

familial status, marital status, or religion of such person or of

421

any person associated with him or her in connection with such

422

loan or other financial assistance or the purposes of such loan

423

or other financial assistance, or because of the race, color,

424

national origin, sex, disability, sexual orientation handicap,

425

familial status, marital status, or religion of the present or

426

prospective owners, lessees, tenants, or occupants of the

427

dwelling or dwellings in relation to which such loan or other

428

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, sex,

434

disability, sexual orientation handicap, familial status, marital

435

status, or religion.

436

     Section 12.  Section 760.26, Florida Statutes, is amended to

437

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, except

443

as otherwise provided by law, the source of financing of a

444

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 and

465

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 any

480

individual because of race, color, religion, gender, national

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origin, disability, sexual orientation, familial status handicap,

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age above the age of 21, or marital status in evaluating an

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application for membership in a club that has more than 400

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members, that provides regular meal service, and that regularly

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receives payment for dues, fees, use of space, facilities,

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services, meals, or beverages directly or indirectly from

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nonmembers for business purposes. It is unlawful for a person, on

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behalf of such a club, to publish, circulate, issue, display,

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post, or mail any advertisement, notice, or solicitation that

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contains a statement to the effect that the accommodations,

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advantages, facilities, membership, or privileges of the club are

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denied to any individual because of race, color, religion,

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gender, national origin, disability, sexual orientation, familial

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status handicap, age above the age of 21, or marital status. This

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subsection does not apply to fraternal or benevolent

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organizations, ethnic clubs, or religious organizations where

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business activity is not prevalent.

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     Section 17.  Paragraph (d) of subsection (1) of section

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419.001, Florida Statutes, is amended to read:

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     419.001  Site selection of community residential homes.--

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     (1)  For the purposes of this section, the following

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definitions shall apply:

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     (d)  "Resident" means any of the following: a frail elder as

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defined in s. 429.65; a physically disabled or handicapped person

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as defined in s. 760.22(3)(a) s. 760.22(7)(a); a developmentally

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disabled person as defined in s. 393.063; a nondangerous mentally

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ill person as defined in s. 394.455(18); or a child who is found

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to be dependent or a child in need of services as defined in s.

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39.01(14), s. 984.03(9) or (12), or s. 985.03.

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     Section 18.  This act shall take effect July 1, 2008.