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A bill to be entitled

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An act relating to civil rights; amending s. 760.01, F.S.;

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revising provisions to include sexual orientation and

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familial status as impermissible grounds for

5

discrimination; conforming terminology; amending s.

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760.02, F.S.; defining additional terms; amending ss.

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760.05, 760.07, 760.08, and 760.10, F.S.; revising

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provisions to include sexual orientation and familial

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status as impermissible grounds for discrimination;

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conforming terminology; amending s. 509.092, F.S.;

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revising provisions to include sexual orientation and

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familial status as impermissible grounds for

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discrimination in public lodging establishments and public

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food service establishments; amending s. 760.22, F.S.;

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defining the terms "disability" and "sexual orientation"

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and deleting the definition of the term "handicap";

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amending ss. 760.23, 760.24, 760.25, 760.26, and 760.29,

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F.S.; revising provisions to include sexual orientation,

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familial status, and marital status as impermissible

20

grounds for discrimination; conforming terminology;

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amending ss. 760.31 and 760.50, F.S.; conforming

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terminology; amending s. 760.60, F.S.; revising provisions

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to include sexual orientation and familial status as

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impermissible grounds for discrimination; conforming

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terminology; amending s. 419.001, F.S.; conforming a

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cross-reference; providing an 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:

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     760.01  Purposes; construction; title.--

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     (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,

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national origin, age, disability, sexual orientation, familial

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status handicap, or marital status and thereby to protect their

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interest in personal dignity, to make available to the state

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their full productive capacities, to secure the state against

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domestic strife and unrest, to preserve the public safety,

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

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rights, and privileges of individuals within the state.

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

44

read:

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

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and 509.092, the term:

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

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complaint with the Florida Commission on Human Relations "Florida

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

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

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Relations created by s. 760.03.

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

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commission.

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     (4) "Disability" means:

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

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

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substantially limits one or more major life activities; or

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

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     (5)(4) "Discriminatory practice" means any practice made

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unlawful by the Florida Civil Rights Act of 1992.

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

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

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

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such a person.

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     (7) "Employment agency" means any person regularly

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undertaking, with or without compensation, to procure employees

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for an employer or to procure for employees opportunities to work

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

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

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

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

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individual; or

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

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custody, with the written permission of such parent or other

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person.

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

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760.11 and 509.092.

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     (10) "Labor organization" means any organization that

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

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bargaining or of dealing with employers concerning grievances,

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terms or conditions of employment, or other mutual aid or

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protection in connection with employment.

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

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

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corporation, joint apprenticeship committee, joint-stock company,

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labor union, legal representative, mutual company, partnership,

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receiver, trust, trustee in bankruptcy, or unincorporated

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

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any governmental entity or agency.

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

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

92

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

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such a person.

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     (8) "Employment agency" means any person regularly

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undertaking, with or without compensation, to procure employees

96

for an employer or to procure for employees opportunities to work

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

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     (9) "Labor organization" means any organization which

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

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bargaining or of dealing with employers concerning grievances,

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terms or conditions of employment, or other mutual aid or

102

protection in connection with employment.

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

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complaint with the Human Relations Commission.

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

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accommodation, lodgings, facilities principally engaged in

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selling food for consumption on the premises, gasoline stations,

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places of exhibition or entertainment, and other covered

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establishments. Each of the following establishments which serves

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the public is a place of public accommodation within the meaning

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of this section:

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

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provides lodging to transient guests, other than an establishment

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located within a building which contains not more than four rooms

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

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of such establishment as his or her residence.

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

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soda fountain, or other facility principally engaged in selling

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

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

121

establishment, or any gasoline station.

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

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sports arena, stadium, or other place of exhibition or

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entertainment.

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     (d)  Any establishment which is physically located within

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the premises of any establishment otherwise covered by this

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subsection, or within the premises of which is physically located

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any such covered establishment, and which holds itself out as

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serving patrons of such covered establishment.

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

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heterosexual, homosexual, or bisexual.

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

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read:

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     760.05  Functions of the commission.--The commission shall

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promote and encourage fair treatment and equal opportunity for

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all persons regardless 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 and mutual understanding and respect

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

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ethnic groups; and shall endeavor to eliminate discrimination

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

142

groups and their members.

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

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read:

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     760.07  Remedies for unlawful discrimination.--Any violation

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of any Florida statute making unlawful discrimination because of

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

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sexual orientation, familial status handicap, or marital status

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

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

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

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expressly provided for. If the statute prohibiting unlawful

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discrimination provides an administrative remedy, the action for

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equitable relief and damages provided for in this section may be

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initiated only after the plaintiff has exhausted his or her

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administrative remedy. The term "public accommodations" does not

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include lodge halls or other similar facilities of private

158

organizations which are made available for public use

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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

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punitive damages.

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

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read:

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     760.08  Discrimination in places of public

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accommodation.--All persons shall be entitled to the full and

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equal enjoyment of the goods, services, facilities, privileges,

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advantages, and accommodations of any place of public

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accommodation, as defined in this chapter, without discrimination

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or segregation on the ground of race, color, national origin,

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sex, disability, sexual orientation handicap, familial status,

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marital status, or 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

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

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amended to read:

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     760.10  Unlawful employment practices.--

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

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

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individual, or otherwise to discriminate against any individual

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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

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applicants for employment in any way which would deprive or tend

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to deprive any individual of employment opportunities, or

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

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

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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

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

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discriminate against, any individual because of race, color,

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

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orientation, familial status handicap, or marital status or to

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classify or refer for employment any individual on the basis of

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

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sexual orientation, familial status handicap, or marital status.

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

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organization:

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     (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,

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sexual orientation, familial status handicap, or marital status.

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

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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

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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

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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

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

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notice or advertisement relating to employment, membership,

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classification, referral for employment, or apprenticeship or

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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

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

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labor-management committee to:

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

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

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orientation handicap, or marital status in those certain

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

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of a particular disability, sexual orientation handicap, or

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marital status is a bona fide occupational qualification

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reasonably necessary for the performance of the particular

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employment to which such action or inaction is related.

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

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read:

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     509.092  Public lodging establishments and public food

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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

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

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

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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.

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

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read:

271

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

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term:

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

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Relations.

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     (2)  "Covered multifamily dwelling" means:

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

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an elevator; or

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

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four or more units and does not have an elevator.

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     (3) "Disability" means:

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

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

283

substantially limits one or more major life activities; or

284

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

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

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

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

288

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

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

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vacant land which is offered for sale or lease for the

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construction or location on the land of any such building or

292

structure, or portion thereof.

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

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

295

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

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individual; or

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

298

custody, with the written permission of such parent or other

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person.

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

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     (7) "Handicap" means:

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

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

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

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physical or mental impairment; or

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     (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,

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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.

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

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heterosexual, homosexual, or bisexual.

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     (10)(9) "Substantially equivalent" means an administrative

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subdivision of the State of Florida meeting the requirements of

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

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

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and otherwise to grant for a consideration the right to occupy

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premises not owned by the occupant.

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

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

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760.23, Florida Statutes, are amended to read:

324

     760.23  Discrimination in the sale or rental of housing and

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other prohibited practices.--

326

     (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

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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,

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disability, sexual orientation handicap, familial status, marital

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status, or religion.

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

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

334

dwelling, or in the provision of services or facilities in

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

336

sex, disability, sexual orientation handicap, familial status,

337

marital status, or religion.

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

339

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

340

advertisement with respect to the sale or rental of a dwelling

341

that indicates any preference, limitation, or discrimination

342

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

343

orientation handicap, familial status, marital status, or

344

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

345

or discrimination.

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

347

induce any person to sell or rent any dwelling by a

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representation regarding the entry or prospective entry into the

349

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

350

national origin, sex, disability, sexual orientation handicap,

351

familial status, marital status, or religion.

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

353

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

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buyer or renter because of a disability handicap of:

355

     (a)  That buyer or renter;

356

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

357

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

358

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

359

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

360

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

361

dwelling, or in the provision of services or facilities in

362

connection with such dwelling, because of a disability handicap

363

of:

364

     (a)  That buyer or renter;

365

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

366

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

367

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

368

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

369

includes:

370

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

371

handicapped person, reasonable modifications of existing premises

372

occupied or to be occupied by such person if such modifications

373

may be necessary to afford such person full enjoyment of the

374

premises; or

375

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

376

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

377

necessary to afford such person equal opportunity to use and

378

enjoy a dwelling.

379

     (10)  Covered multifamily dwellings as defined herein which

380

are intended for first occupancy after March 13, 1991, shall be

381

designed and constructed to have at least one building entrance

382

on an accessible route unless it is impractical to do so because

383

of the terrain or unusual characteristics of the site as

384

determined by commission rule. Such buildings shall also be

385

designed and constructed in such a manner that:

386

     (a)  The public use and common use portions of such

387

dwellings are readily accessible to and usable by disabled

388

handicapped persons.

389

     (d)  Compliance with the appropriate requirements of the

390

American National Standards Institute for buildings and

391

facilities providing accessibility and usability for physically

392

disabled handicapped people, commonly cited as ANSI A117.1-1986,

393

suffices to satisfy the requirements of paragraph (c).

394

395

State agencies with building construction regulation

396

responsibility or local governments, as appropriate, shall review

397

the plans and specifications for the construction of covered

398

multifamily dwellings to determine consistency with the

399

requirements of this subsection.

400

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

401

read:

402

     760.24  Discrimination in the provision of brokerage

403

services.--It is unlawful to deny any person access to, or

404

membership or participation in, any multiple-listing service,

405

real estate brokers' organization, or other service,

406

organization, or facility relating to the business of selling or

407

renting dwellings, or to discriminate against him or her in the

408

terms or conditions of such access, membership, or participation,

409

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

410

sexual orientation handicap, familial status, marital status, or

411

religion.

412

     Section 11.  Subsection (1) and paragraph (a) of subsection

413

(2) of section 760.25, Florida Statutes, are amended to read:

414

     760.25  Discrimination in the financing of housing or in

415

residential real estate transactions.--

416

     (1)  It is unlawful for any bank, building and loan

417

association, insurance company, or other corporation,

418

association, firm, or enterprise the business of which consists

419

in whole or in part of the making of commercial real estate loans

420

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

421

for the loan for the purpose of purchasing, constructing,

422

improving, repairing, or maintaining a dwelling, or to

423

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

424

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

425

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

426

national origin, sex, disability, sexual orientation handicap,

427

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

428

any person associated with him or her in connection with such

429

loan or other financial assistance or the purposes of such loan

430

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

431

national origin, sex, disability, sexual orientation handicap,

432

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

433

prospective owners, lessees, tenants, or occupants of the

434

dwelling or dwellings in relation to which such loan or other

435

financial assistance is to be made or given.

436

     (2)(a)  It is unlawful for any person or entity whose

437

business includes engaging in residential real estate

438

transactions to discriminate against any person in making

439

available such a transaction, or in the terms or conditions of

440

such a transaction, because of race, color, national origin, sex,

441

disability, sexual orientation handicap, familial status, marital

442

status, or religion.

443

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

444

read:

445

     760.26  Prohibited discrimination in land use decisions and

446

in permitting of development.--It is unlawful to discriminate in

447

land use decisions or in the permitting of development based on

448

race, color, national origin, sex, sexual orientation,

449

disability, marital status, familial status, religion, or, except

450

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

451

development or proposed development.

452

     Section 13.  Paragraph (a) of subsection (5) of section

453

760.29, Florida Statutes, is amended to read:

454

     760.29  Exemptions.--

455

     (5)  Nothing in ss. 760.20-760.37:

456

     (a)  Prohibits a person engaged in the business of

457

furnishing appraisals of real property from taking into

458

consideration factors other than race, color, national origin,

459

sex, disability, sexual orientation handicap, familial status,

460

marital status, or religion.

461

     Section 14.  Subsection (5) of section 760.31, Florida

462

Statutes, is amended to read:

463

     760.31  Powers and duties of commission.--The commission

464

shall:

465

     (5)  Adopt rules necessary to implement ss. 760.20-760.37

466

and govern the proceedings of the commission in accordance with

467

chapter 120. Commission rules shall clarify terms used with

468

regard to disabled handicapped accessibility, exceptions from

469

accessibility requirements based on terrain or site

470

characteristics, and requirements related to housing for older

471

persons. Commission rules shall specify the fee and the forms and

472

procedures to be used for the registration required by s.

473

760.29(4)(e).

474

     Section 15.  Subsection (2) of section 760.50, Florida

475

Statutes, is amended to read:

476

     760.50  Discrimination on the basis of AIDS, AIDS-related

477

complex, and HIV prohibited.--

478

     (2)  Any person with or perceived as having acquired immune

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deficiency syndrome, acquired immune deficiency syndrome related

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complex, or human immunodeficiency virus shall have every

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protection made available to disabled handicapped persons.

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     Section 16.  Subsection (1) of section 760.60, Florida

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Statutes, is amended to read:

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     760.60  Discriminatory practices of certain clubs

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prohibited; remedies.--

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     (1)  It is unlawful for a person to discriminate against any

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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.