HB 397

1	A bill to be entitled
2	An act relating to prohibited discrimination; amending s.
3	760.01, F.S.; revising provisions to include sexual
4	orientation, gender identity or expression, pregnancy, and
5	familial status as impermissible grounds for
6	discrimination; conforming terminology; amending s.
7	760.02, F.S.; defining additional terms; amending ss.
8	760.05, 760.07, 760.08, and 760.10, F.S.; revising
9	provisions to include sexual orientation, gender identity
10	or expression, pregnancy, familial status, and marital
11	status as impermissible grounds for discrimination;
12	conforming terminology; amending s. 509.092, F.S.;
13	revising provisions to include sexual orientation, gender
14	identity or expression, pregnancy, and familial status as
15	impermissible grounds for discrimination in public lodging
16	establishments and public food service establishments;
17	amending s. 760.22, F.S.; defining additional terms;
18	deleting the definition of the term "handicap"; amending
19	ss. 760.23, 760.24, 760.25, 760.26, and 760.29, F.S.;
20	revising provisions to include sexual orientation, gender
21	identity or expression, pregnancy, familial status, and
22	marital status as impermissible grounds for
23	discrimination; conforming terminology; amending ss.
24	760.31 and 760.50, F.S.; conforming terminology; amending
25	s. 760.60, F.S.; revising provisions to include sexual
26	orientation, gender identity or expression, pregnancy, and
27	familial status as impermissible grounds for
28	discrimination; conforming terminology; amending s.
29	419.001, F.S.; conforming a cross-reference; providing an
30	effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Subsection (2) of section 760.01, Florida
35	Statutes, is amended to read:
36	760.01  Purposes; construction; title.--
37	(2)  The general purposes of the Florida Civil Rights Act
38	of 1992 are to secure for all individuals within the state
39	freedom from discrimination because of race, color, religion,
40	sex, national origin, age, disability, sexual orientation,
41	gender identity or expression, pregnancy, familial status
42	handicap, or marital status and thereby to protect their
43	interest in personal dignity, to make available to the state
44	their full productive capacities, to secure the state against
45	domestic strife and unrest, to preserve the public safety,
46	health, and general welfare, and to promote the interests,
47	rights, and privileges of individuals within the state.
48	Section 2.  Section 760.02, Florida Statutes, is amended to
49	read:
50	760.02  Definitions.--For the purposes of ss. 760.01-760.11
51	and 509.092, the term:
52	(1)  "Aggrieved person" means any person who files a
53	complaint with the Florida Commission on Human Relations
54	"Florida Civil Rights Act of 1992" means ss. 760.01-760.11 and
55	509.092.
56	(2)  "Commission" means the Florida Commission on Human
57	Relations created by s. 760.03.
58	(3)  "Commissioner" or "member" means a member of the
59	commission.
60	(4)  "Disability" means:
61	(a)  A physical or mental impairment that a person has, has
62	a record of having, or is regarded as having, that substantially
63	limits one or more major life activities; or
64	(b)  A developmental disability as defined in s. 393.063.
65	(5)(4)  "Discriminatory practice" means any practice made
66	unlawful by the Florida Civil Rights Act of 1992.
67	(6)  "Employer" means any person employing 15 or more
68	employees for each working day in each of 20 or more calendar
69	weeks in the current or preceding calendar year, and any agent
70	of such a person.
71	(7)  "Employment agency" means any person regularly
72	undertaking, with or without compensation, to procure employees
73	for an employer or to procure for employees opportunities to
74	work for an employer, and includes an agent of such a person.
75	(8)  "Familial status" is established when an individual
76	who has not attained the age of 18 years is domiciled with:
77	(a)  A parent or other person having legal custody of such
78	individual; or
79	(b)  A designee of a parent or other person having legal
80	custody of the individual, with the written permission of such
81	parent or other person.
82	(9)  "Florida Civil Rights Act of 1992" means ss. 760.01-
83	760.11 and 509.092.
84	(10)  "Gender identity or expression" means a gender-
85	related identity, appearance, expression, or behavior of an
86	individual, regardless of the individual's assigned sex at
87	birth.
88	(11)  "Labor organization" means any organization that
89	exists for the purpose, in whole or in part, of collective
90	bargaining or of dealing with employers concerning grievances,
91	terms or conditions of employment, or other mutual aid or
92	protection in connection with employment.
93	(12)(5)  "National origin" includes ancestry.
94	(13)(6)  "Person" includes an individual, association,
95	corporation, joint apprenticeship committee, joint-stock
96	company, labor union, legal representative, mutual company,
97	partnership, receiver, trust, trustee in bankruptcy, or
98	unincorporated organization; any other legal or commercial
99	entity; the state; or any governmental entity or agency.
100	(7)  "Employer" means any person employing 15 or more
101	employees for each working day in each of 20 or more calendar
102	weeks in the current or preceding calendar year, and any agent
103	of such a person.
104	(8)  "Employment agency" means any person regularly
105	undertaking, with or without compensation, to procure employees
106	for an employer or to procure for employees opportunities to
107	work for an employer, and includes an agent of such a person.
108	(9)  "Labor organization" means any organization which
109	exists for the purpose, in whole or in part, of collective
110	bargaining or of dealing with employers concerning grievances,
111	terms or conditions of employment, or other mutual aid or
112	protection in connection with employment.
113	(10)  "Aggrieved person" means any person who files a
114	complaint with the Human Relations Commission.
115	(14)(11)  "Public accommodations" means places of public
116	accommodation that affect commerce, lodgings, facilities
117	principally engaged in selling food for consumption on the
118	premises, gasoline stations, places of exhibition or
119	entertainment, and other covered establishments. Each of the
120	following categories of establishments that serve which serves
121	the public is a place of public accommodation within the meaning
122	of this section:
123	(a)  Any inn, hotel, motel, or other place of lodging,
124	except for an establishment located within a building that
125	contains not more than five rooms for rent or hire and that is
126	actually occupied by the proprietor of such establishment as his
127	or her residence which provides lodging to transient guests,
128	other than an establishment located within a building which
129	contains not more than four rooms for rent or hire and which is
130	actually occupied by the proprietor of such establishment as his
131	or her residence.
132	(b)  Any restaurant, bar, or other establishment serving
133	food or drink cafeteria, lunchroom, lunch counter, soda
134	fountain, or other facility principally engaged in selling food
135	for consumption on the premises, including, but not limited to,
136	any such facility located on the premises of any retail
137	establishment, or any gasoline station.
138	(c)  Any motion picture house theater, theater, concert
139	hall, sports arena, stadium, or other place of exhibition or
140	entertainment.
141	(d)  Any auditorium, convention center, lecture hall, or
142	other place of public gathering.
143	(e)  Any bakery, grocery store, clothing store, hardware
144	store, shopping center, or other sales or rental establishment.
145	(f)  Any laundromat, dry cleaner, bank, barber shop, beauty
146	shop, travel service, shoe repair service, funeral parlor, gas
147	station, office of an accountant or lawyer, pharmacy, insurance
148	office, professional office of a health care provider, hospital,
149	or other service establishment.
150	(g)  Any terminal, depot, or other station used for public
151	transportation.
152	(h)  Any museum, library, gallery, or other place of public
153	display or collection.
154	(i)  Any park, zoo, amusement park, or other place of
155	recreation.
156	(j)  Any nursery, elementary, secondary, undergraduate, or
157	postgraduate public or private school, or other place of
158	education.
159	(k)  Any day care center, senior citizen center, homeless
160	shelter, food bank, adoption agency, or other social service
161	center establishment.
162	(l)  Any gymnasium, health spa, bowling alley, golf course,
163	or other place of exercise or recreation.
164	(m)(d)  Any establishment which is physically located
165	within the premises of any establishment otherwise covered by
166	this subsection, or within the premises of which is physically
167	located any such covered establishment, and which holds itself
168	out as serving patrons of such covered establishment.
169	(15)  "Sexual orientation" means an individual's actual or
170	perceived heterosexuality, homosexuality, or bisexuality.
171	Section 3.  Section 760.05, Florida Statutes, is amended to
172	read:
173	760.05  Functions of the commission.--The commission shall
174	promote and encourage fair treatment and equal opportunity for
175	all persons regardless of race, color, religion, sex, national
176	origin, age, disability, sexual orientation, gender identity or
177	expression, pregnancy, familial status handicap, or marital
178	status and mutual understanding and respect among all members of
179	all economic, social, racial, religious, and ethnic groups; and
180	shall endeavor to eliminate discrimination against, and
181	antagonism between, religious, racial, and ethnic groups and
182	their members.
183	Section 4.  Section 760.07, Florida Statutes, is amended to
184	read:
185	760.07  Remedies for unlawful discrimination.--Any
186	violation of any Florida statute making unlawful discrimination
187	because of race, color, religion, gender, national origin, age,
188	disability, sexual orientation, gender identity or expression,
189	pregnancy, familial status handicap, or marital status in the
190	areas of education, employment, housing, or public
191	accommodations gives rise to a cause of action for all relief
192	and damages described in s. 760.11(5), unless greater damages
193	are expressly provided for. If the statute prohibiting unlawful
194	discrimination provides an administrative remedy, the action for
195	equitable relief and damages provided for in this section may be
196	initiated only after the plaintiff has exhausted his or her
197	administrative remedy. The term "public accommodations" does not
198	include lodge halls or other similar facilities of private
199	organizations which are made available for public use
200	occasionally or periodically. The right to trial by jury is
201	preserved in any case in which the plaintiff is seeking actual
202	or punitive damages.
203	Section 5.  Section 760.08, Florida Statutes, is amended to
204	read:
205	760.08  Discrimination in places of public
206	accommodation.--All persons shall be entitled to the full and
207	equal enjoyment of the goods, services, facilities, privileges,
208	advantages, and accommodations of any place of public
209	accommodation, as defined in this chapter, without
210	discrimination or segregation on the ground of race, color,
211	national origin, sex, disability, sexual orientation, gender
212	identity or expression, pregnancy handicap, familial status,
213	marital status, or religion.
214	Section 6.  Subsections (1) and (2), paragraphs (a) and (b)
215	of subsection (3), subsections (4), (5), and (6), and paragraph
216	(a) of subsection (8) of section 760.10, Florida Statutes, are
217	amended to read:
218	760.10  Unlawful employment practices.--
219	(1)  It is an unlawful employment practice for an employer:
220	(a)  To discharge or to fail or refuse to hire any
221	individual, or otherwise to discriminate against any individual
222	with respect to compensation, terms, conditions, or privileges
223	of employment, because of such individual's race, color,
224	religion, sex, national origin, age, disability, sexual
225	orientation, gender identity or expression, pregnancy, familial
226	status handicap, or marital status.
227	(b)  To limit, segregate, or classify employees or
228	applicants for employment in any way which would deprive or tend
229	to deprive any individual of employment opportunities, or
230	adversely affect any individual's status as an employee, because
231	of such individual's race, color, religion, sex, national
232	origin, age, disability, sexual orientation, gender identity or
233	expression, pregnancy, familial status handicap, or marital
234	status.
235	(2)  It is an unlawful employment practice for an
236	employment agency to fail or refuse to refer for employment, or
237	otherwise to discriminate against, any individual because of
238	race, color, religion, sex, national origin, age, disability,
239	sexual orientation, gender identity or expression, pregnancy,
240	familial status handicap, or marital status or to classify or
241	refer for employment any individual on the basis of race, color,
242	religion, sex, national origin, age, disability, sexual
243	orientation, gender identity or expression, pregnancy, familial
244	status handicap, or marital status.
245	(3)  It is an unlawful employment practice for a labor
246	organization:
247	(a)  To exclude or to expel from its membership, or
248	otherwise to discriminate against, any individual because of
249	race, color, religion, sex, national origin, age, disability,
250	sexual orientation, gender identity or expression, pregnancy,
251	familial status handicap, or marital status.
252	(b)  To limit, segregate, or classify its membership or
253	applicants for membership, or to classify or fail or refuse to
254	refer for employment any individual, in any way which would
255	deprive or tend to deprive any individual of employment
256	opportunities, or adversely affect any individual's status as an
257	employee or as an applicant for employment, because of such
258	individual's race, color, religion, sex, national origin, age,
259	disability, sexual orientation, gender identity or expression,
260	pregnancy, familial status handicap, or marital status.
261	(4)  It is an unlawful employment practice for any
262	employer, labor organization, or joint labor-management
263	committee controlling apprenticeship or other training or
264	retraining, including on-the-job training programs, to
265	discriminate against any individual because of race, color,
266	religion, sex, national origin, age, disability, sexual
267	orientation, gender identity or expression, pregnancy, familial
268	status handicap, or marital status in admission to, or
269	employment in, any program established to provide apprenticeship
270	or other training.
271	(5)  Whenever, in order to engage in a profession,
272	occupation, or trade, it is required that a person receive a
273	license, certification, or other credential, become a member or
274	an associate of any club, association, or other organization, or
275	pass any examination, it is an unlawful employment practice for
276	any person to discriminate against any other person seeking such
277	license, certification, or other credential, seeking to become a
278	member or associate of such club, association, or other
279	organization, or seeking to take or pass such examination,
280	because of such other person's race, color, religion, sex,
281	national origin, age, disability, sexual orientation, gender
282	identity or expression, pregnancy, familial status handicap, or
283	marital status.
284	(6)  It is an unlawful employment practice for an employer,
285	labor organization, employment agency, or joint labor-management
286	committee to print, or cause to be printed or published, any
287	notice or advertisement relating to employment, membership,
288	classification, referral for employment, or apprenticeship or
289	other training, indicating any preference, limitation,
290	specification, or discrimination, based on race, color,
291	religion, sex, national origin, age, absence of disability,
292	sexual orientation, gender identity or expression, pregnancy,
293	familial status handicap, or marital status.
294	(8)  Notwithstanding any other provision of this section,
295	it is not an unlawful employment practice under ss. 760.01-
296	760.10 for an employer, employment agency, labor organization,
297	or joint labor-management committee to:
298	(a)  Take or fail to take any action on the basis of
299	religion, sex, national origin, age, disability, sexual
300	orientation, gender identity or expression, pregnancy, familial
301	status handicap, or marital status in those certain instances in
302	which religion, sex, national origin, age, absence of a
303	particular disability, sexual orientation, gender identity or
304	expression, pregnancy, familial status handicap, or marital
305	status is a bona fide occupational qualification reasonably
306	necessary for the performance of the particular employment to
307	which such action or inaction is related.
308	Section 7.  Section 509.092, Florida Statutes, is amended
309	to read:
310	509.092  Public lodging establishments and public food
311	service establishments; rights as private enterprises.--Public
312	lodging establishments and public food service establishments
313	are private enterprises, and the operator has the right to
314	refuse accommodations or service to any person who is
315	objectionable or undesirable to the operator, but such refusal
316	may not be based upon race, creed, color, sex, physical
317	disability, sexual orientation, gender identity or expression,
318	pregnancy, familial status, or national origin. A person
319	aggrieved by a violation of this section or a violation of a
320	rule adopted under this section has a right of action pursuant
321	to s. 760.11.
322	Section 8.  Section 760.22, Florida Statutes, is amended to
323	read:
324	760.22  Definitions.--As used in ss. 760.20-760.37, the
325	term:
326	(1)  "Commission" means the Florida Commission on Human
327	Relations.
328	(2)  "Covered multifamily dwelling" means:
329	(a)  A building which consists of four or more units and
330	has an elevator; or
331	(b)  The ground floor units of a building which consists of
332	four or more units and does not have an elevator.
333	(3)  "Disability" has the same meaning as provided in s.
334	760.02.
335	(4)(3)  "Discriminatory housing practice" means an act that
336	is unlawful under the terms of ss. 760.20-760.37.
337	(5)(4)  "Dwelling" means any building or structure, or
338	portion thereof, which is occupied as, or designed or intended
339	for occupancy as, a residence by one or more families, and any
340	vacant land which is offered for sale or lease for the
341	construction or location on the land of any such building or
342	structure, or portion thereof.
343	(6)(5)  "Familial status" is established when an individual
344	who has not attained the age of 18 years is domiciled with:
345	(a)  A parent or other person having legal custody of such
346	individual; or
347	(b)  A designee of a parent or other person having legal
348	custody, with the written permission of such parent or other
349	person.
350	(7)(6)  "Family" includes a single individual.
351	(8)  "Gender identity or expression" has the same meaning
352	as provided in s. 760.02.
353	(7)  "Handicap" means:
354	(a)  A person has a physical or mental impairment which
355	substantially limits one or more major life activities, or he or
356	she has a record of having, or is regarded as having, such
357	physical or mental impairment; or
358	(b)  A person has a developmental disability as defined in
359	s. 393.063.
360	(9)(8)  "Person" includes one or more individuals,
361	corporations, partnerships, associations, labor organizations,
362	legal representatives, mutual companies, joint-stock companies,
363	trusts, unincorporated organizations, trustees, trustees in
364	bankruptcy, receivers, and fiduciaries.
365	(10)  "Sexual orientation" has the same meaning as provided
366	in s. 760.02.
367	(11)(9)  "Substantially equivalent" means an administrative
368	subdivision of the State of Florida meeting the requirements of
369	24 C.F.R. part 115, s. 115.6.
370	(12)(10)  "To rent" includes to lease, to sublease, to let,
371	and otherwise to grant for a consideration the right to occupy
372	premises not owned by the occupant.
373	Section 9.  Subsections (1), (2), (3), (4), (5), (7), and
374	(8), paragraph (a) of subsection (9), and paragraphs (a) and (d)
375	of subsection (10) of section 760.23, Florida Statutes, are
376	amended to read:
377	760.23  Discrimination in the sale or rental of housing and
378	other prohibited practices.--
379	(1)  It is unlawful to refuse to sell or rent after the
380	making of a bona fide offer, to refuse to negotiate for the sale
381	or rental of, or otherwise to make unavailable or deny a
382	dwelling to any person because of race, color, national origin,
383	sex, disability, sexual orientation, gender identity or
384	expression, pregnancy handicap, familial status, marital status,
385	or religion.
386	(2)  It is unlawful to discriminate against any person in
387	the terms, conditions, or privileges of sale or rental of a
388	dwelling, or in the provision of services or facilities in
389	connection therewith, because of race, color, national origin,
390	sex, disability, sexual orientation, gender identity or
391	expression, pregnancy handicap, familial status, marital status,
392	or religion.
393	(3)  It is unlawful to make, print, or publish, or cause to
394	be made, printed, or published, any notice, statement, or
395	advertisement with respect to the sale or rental of a dwelling
396	that indicates any preference, limitation, or discrimination
397	based on race, color, national origin, sex, disability, sexual
398	orientation, gender identity or expression, pregnancy handicap,
399	familial status, marital status, or religion or an intention to
400	make any such preference, limitation, or discrimination.
401	(4)  It is unlawful to represent to any person because of
402	race, color, national origin, sex, disability, sexual
403	orientation, gender identity or expression, pregnancy handicap,
404	familial status, marital status, or religion that any dwelling
405	is not available for inspection, sale, or rental when such
406	dwelling is in fact so available.
407	(5)  It is unlawful, for profit, to induce or attempt to
408	induce any person to sell or rent any dwelling by a
409	representation regarding the entry or prospective entry into the
410	neighborhood of a person or persons of a particular race, color,
411	national origin, sex, disability, sexual orientation, gender
412	identity or expression, pregnancy handicap, familial status,
413	marital status, or religion.
414	(7)  It is unlawful to discriminate in the sale or rental
415	of, or to otherwise make unavailable or deny, a dwelling to any
416	buyer or renter because of a disability handicap of:
417	(a)  That buyer or renter;
418	(b)  A person residing in or intending to reside in that
419	dwelling after it is sold, rented, or made available; or
420	(c)  Any person associated with the buyer or renter.
421	(8)  It is unlawful to discriminate against any person in
422	the terms, conditions, or privileges of sale or rental of a
423	dwelling, or in the provision of services or facilities in
424	connection with such dwelling, because of a disability handicap
425	of:
426	(a)  That buyer or renter;
427	(b)  A person residing in or intending to reside in that
428	dwelling after it is sold, rented, or made available; or
429	(c)  Any person associated with the buyer or renter.
430	(9)  For purposes of subsections (7) and (8),
431	discrimination includes:
432	(a)  A refusal to permit, at the expense of the disabled
433	handicapped person, reasonable modifications of existing
434	premises occupied or to be occupied by such person if such
435	modifications may be necessary to afford such person full
436	enjoyment of the premises; or
437	(10)  Covered multifamily dwellings as defined herein which
438	are intended for first occupancy after March 13, 1991, shall be
439	designed and constructed to have at least one building entrance
440	on an accessible route unless it is impractical to do so because
441	of the terrain or unusual characteristics of the site as
442	determined by commission rule. Such buildings shall also be
443	designed and constructed in such a manner that:
444	(a)  The public use and common use portions of such
445	dwellings are readily accessible to and usable by disabled
446	handicapped persons.
447	(d)  Compliance with the appropriate requirements of the
448	American National Standards Institute for buildings and
449	facilities providing accessibility and usability for physically
450	disabled handicapped people, commonly cited as ANSI A117.1-1986,
451	suffices to satisfy the requirements of paragraph (c).
452
453	State agencies with building construction regulation
454	responsibility or local governments, as appropriate, shall
455	review the plans and specifications for the construction of
456	covered multifamily dwellings to determine consistency with the
457	requirements of this subsection.
458	Section 10.  Section 760.24, Florida Statutes, is amended
459	to read:
460	760.24  Discrimination in the provision of brokerage
461	services.--It is unlawful to deny any person access to, or
462	membership or participation in, any multiple-listing service,
463	real estate brokers' organization, or other service,
464	organization, or facility relating to the business of selling or
465	renting dwellings, or to discriminate against him or her in the
466	terms or conditions of such access, membership, or
467	participation, on account of race, color, national origin, sex,
468	disability, sexual orientation, gender identity or expression,
469	pregnancy handicap, familial status, marital status, or
470	religion.
471	Section 11.  Subsection (1) and paragraph (a) of subsection
472	(2) of section 760.25, Florida Statutes, are amended to read:
473	760.25  Discrimination in the financing of housing or in
474	residential real estate transactions.--
475	(1)  It is unlawful for any bank, building and loan
476	association, insurance company, or other corporation,
477	association, firm, or enterprise the business of which consists
478	in whole or in part of the making of commercial real estate
479	loans to deny a loan or other financial assistance to a person
480	applying for the loan for the purpose of purchasing,
481	constructing, improving, repairing, or maintaining a dwelling,
482	or to discriminate against him or her in the fixing of the
483	amount, interest rate, duration, or other term or condition of
484	such loan or other financial assistance, because of the race,
485	color, national origin, sex, disability, sexual orientation,
486	gender identity or expression, pregnancy handicap, familial
487	status, marital status, or religion of such person or of any
488	person associated with him or her in connection with such loan
489	or other financial assistance or the purposes of such loan or
490	other financial assistance, or because of the race, color,
491	national origin, sex, disability, sexual orientation, gender
492	identity or expression, pregnancy handicap, familial status,
493	marital status, or religion of the present or prospective
494	owners, lessees, tenants, or occupants of the dwelling or
495	dwellings in relation to which such loan or other financial
496	assistance is to be made or given.
497	(2)(a)  It is unlawful for any person or entity whose
498	business includes engaging in residential real estate
499	transactions to discriminate against any person in making
500	available such a transaction, or in the terms or conditions of
501	such a transaction, because of race, color, national origin,
502	sex, disability, sexual orientation, gender identity or
503	expression, pregnancy handicap, familial status, marital status,
504	or religion.
505	Section 12.  Section 760.26, Florida Statutes, is amended
506	to read:
507	760.26  Prohibited discrimination in land use decisions and
508	in permitting of development.--It is unlawful to discriminate in
509	land use decisions or in the permitting of development based on
510	race, color, national origin, sex, sexual orientation, gender
511	identity or expression, disability, marital status, pregnancy,
512	familial status, religion, or, except as otherwise provided by
513	law, the source of financing of a development or proposed
514	development.
515	Section 13.  Paragraph (a) of subsection (5) of section
516	760.29, Florida Statutes, is amended to read:
517	760.29  Exemptions.--
518	(5)  Nothing in ss. 760.20-760.37:
519	(a)  Prohibits a person engaged in the business of
520	furnishing appraisals of real property from taking into
521	consideration factors other than race, color, national origin,
522	sex, disability, sexual orientation, gender identity or
523	expression, pregnancy handicap, familial status, marital status,
524	or religion.
525	Section 14.  Subsection (5) of section 760.31, Florida
526	Statutes, is amended to read:
527	760.31  Powers and duties of commission.--The commission
528	shall:
529	(5)  Adopt rules necessary to implement ss. 760.20-760.37
530	and govern the proceedings of the commission in accordance with
531	chapter 120. Commission rules shall clarify terms used with
532	regard to disabled handicapped accessibility, exceptions from
533	accessibility requirements based on terrain or site
534	characteristics, and requirements related to housing for older
535	persons. Commission rules shall specify the fee and the forms
536	and procedures to be used for the registration required by s.
537	760.29(4)(e).
538	Section 15.  Subsection (2) of section 760.50, Florida
539	Statutes, is amended to read:
540	760.50  Discrimination on the basis of AIDS, AIDS-related
541	complex, and HIV prohibited.--
542	(2)  Any person with or perceived as having acquired immune
543	deficiency syndrome, acquired immune deficiency syndrome related
544	complex, or human immunodeficiency virus shall have every
545	protection made available to disabled handicapped persons.
546	Section 16.  Subsection (1) of section 760.60, Florida
547	Statutes, is amended to read:
548	760.60  Discriminatory practices of certain clubs
549	prohibited; remedies.--
550	(1)  It is unlawful for a person to discriminate against
551	any individual because of race, color, religion, gender,
552	national origin, disability, sexual orientation, gender identity
553	or expression, pregnancy, familial status handicap, age above
554	the age of 21, or marital status in evaluating an application
555	for membership in a club that has more than 400 members, that
556	provides regular meal service, and that regularly receives
557	payment for dues, fees, use of space, facilities, services,
558	meals, or beverages directly or indirectly from nonmembers for
559	business purposes. It is unlawful for a person, on behalf of
560	such a club, to publish, circulate, issue, display, post, or
561	mail any advertisement, notice, or solicitation that contains a
562	statement to the effect that the accommodations, advantages,
563	facilities, membership, or privileges of the club are denied to
564	any individual because of race, color, religion, gender,
565	national origin, disability, sexual orientation, gender identity
566	or expression, pregnancy, familial status handicap, age above
567	the age of 21, or marital status. This subsection does not apply
568	to fraternal or benevolent organizations, ethnic clubs, or
569	religious organizations where business activity is not
570	prevalent.
571	Section 17.  Paragraph (d) of subsection (1) of section
572	419.001, Florida Statutes, is amended to read:
573	419.001  Site selection of community residential homes.--
574	(1)  For the purposes of this section, the following
575	definitions shall apply:
576	(d)  "Resident" means any of the following: a frail elder
577	as defined in s. 429.65; a physically disabled or handicapped
578	person as defined in s. 760.22(3)(7)(a); a developmentally
579	disabled person as defined in s. 393.063; a nondangerous
580	mentally ill person as defined in s. 394.455(18); or a child who
581	is found to be dependent as defined in s. 39.01 or s. 984.03, or
582	a child in need of services as defined in s. 984.03 or s.
583	985.03.
584	Section 18.  This act shall take effect July 1, 2009.

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