HB 379

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 and gender identity or expression as
5	impermissible grounds for discrimination; conforming
6	terminology; amending s. 760.02, F.S.; defining additional
7	terms; creating s. 760.025, F.S.; specifying when an
8	individual has an impairment for certain purposes;
9	amending ss. 760.05, 760.07, 760.08, and 760.10, F.S.;
10	revising provisions to include sexual orientation and
11	gender identity or expression as impermissible grounds for
12	discrimination; conforming terminology; amending s.
13	509.092, F.S.; revising provisions to include sexual
14	orientation and gender identity or expression 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"; creating
19	s. 760.225, F.S.; specifying when an individual has an
20	impairment for certain purposes; amending ss. 760.23,
21	760.24, 760.25, 760.26, and 760.29, F.S.; revising
22	provisions to include sexual orientation and gender
23	identity or expression as impermissible grounds for
24	discrimination; conforming terminology; amending ss.
25	760.31 and 760.50, F.S.; conforming terminology; amending
26	s. 760.60, F.S.; revising provisions to include sexual
27	orientation and gender identity or expression as
28	impermissible grounds for discrimination; conforming
29	terminology; amending s. 419.001, F.S.; conforming a
30	cross-reference; providing an 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 handicap, or marital status and
42	thereby to protect their interest in personal dignity, to make
43	available to the state their full productive capacities, to
44	secure the state against domestic strife and unrest, to preserve
45	the public safety, health, and general welfare, and to promote
46	the interests, rights, and privileges of individuals within the
47	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 substantially
62	limits one or more of the major life activities of the
63	individual;
64	(b)  A record of such impairment;
65	(c)  Being regarded as having such an impairment; or
66	(d)  Having a developmental disability as defined in s.
67	393.063.
68	(5)(4)  "Discriminatory practice" means any practice made
69	unlawful by the Florida Civil Rights Act of 1992.
70	(6)  "Employer" means any person employing 15 or more
71	employees for each working day in each of 20 or more calendar
72	weeks in the current or preceding calendar year, and any agent
73	of such a person.
74	(7)  "Employment agency" means any person regularly
75	undertaking, with or without compensation, to procure employees
76	for an employer or to procure for employees opportunities to
77	work for an employer, and includes an agent of such a person.
78	(8)  "Florida Civil Rights Act of 1992" means ss. 760.01-
79	760.11 and 509.092.
80	(9)  "Gender identity or expression" means a gender-related
81	identity, appearance, expression, or behavior of an individual,
82	regardless of the individual's assigned sex at birth.
83	(10)  "Labor organization" means any organization that
84	exists for the purpose, in whole or in part, of collective
85	bargaining or of dealing with employers concerning grievances,
86	terms or conditions of employment, or other mutual aid or
87	protection in connection with employment.
88	(11)  "Major life activities" includes, but is not limited
89	to:
90	(a)  Caring for oneself, performing manual tasks, and
91	functioning in a workplace environment.
92	(b)  Major bodily functions, including, but not limited to,
93	visual, auditory, aural, and cognitive functions; functions of
94	the immune, digestive, neurological, respiratory, circulatory,
95	endocrine, and reproductive systems; normal cell growth; and
96	functions of the bowel, bladder, and brain.
97	(12)(5)  "National origin" includes ancestry.
98	(13)(6)  "Person" includes an individual, association,
99	corporation, joint apprenticeship committee, joint-stock
100	company, labor union, legal representative, mutual company,
101	partnership, receiver, trust, trustee in bankruptcy, or
102	unincorporated organization; any other legal or commercial
103	entity; the state; or any governmental entity or agency.
104	(7)  "Employer" means any person employing 15 or more
105	employees for each working day in each of 20 or more calendar
106	weeks in the current or preceding calendar year, and any agent
107	of such a person.
108	(8)  "Employment agency" means any person regularly
109	undertaking, with or without compensation, to procure employees
110	for an employer or to procure for employees opportunities to
111	work for an employer, and includes an agent of such a person.
112	(9)  "Labor organization" means any organization which
113	exists for the purpose, in whole or in part, of collective
114	bargaining or of dealing with employers concerning grievances,
115	terms or conditions of employment, or other mutual aid or
116	protection in connection with employment.
117	(10)  "Aggrieved person" means any person who files a
118	complaint with the Human Relations Commission.
119	(14)(11)  "Public accommodations" means places of public
120	accommodation, lodgings, facilities principally engaged in
121	selling food for consumption on the premises, gasoline stations,
122	places of exhibition or entertainment, and other covered
123	establishments. Each of the following establishments which
124	serves the public is a place of public accommodation within the
125	meaning of this section:
126	(a)  Any inn, hotel, motel, or other establishment that
127	which provides lodging to transient guests, other than an
128	establishment located within a building that which contains not
129	more than four rooms for rent or hire and that which is actually
130	occupied by the proprietor of such establishment as his or her
131	residence.
132	(b)  Any restaurant, cafeteria, lunchroom, lunch counter,
133	soda fountain, or other facility principally engaged in selling
134	food for consumption on the premises, including, but not limited
135	to, any such facility located on the premises of any retail
136	establishment, or any gasoline station.
137	(c)  Any motion picture theater, theater, concert hall,
138	sports arena, stadium, or other place of exhibition or
139	entertainment.
140	(d)  Any establishment that which is physically located
141	within the premises of any establishment otherwise covered by
142	this subsection, or within the premises of which is physically
143	located any such covered establishment, and which holds itself
144	out as serving patrons of such covered establishment.
145	(15)  "Sexual orientation" means an individual's actual or
146	perceived heterosexuality, homosexuality, or bisexuality.
147	Section 3.  Section 760.025, Florida Statutes, is created
148	to read:
149	760.025  Impairment.-For purposes of this part, an
150	individual who has been subjected to an action prohibited under
151	this chapter because of an actual or perceived physical or
152	mental impairment, regardless of whether the impairment limits
153	or is perceived to limit a major life activity, has an
154	impairment. An impairment that limits one major life activity
155	may be considered a disability; however, a transitory or minor
156	impairment may not be considered a disability. An impairment
157	that is episodic or in remission is considered to be a
158	disability if it substantially limits at least one major life
159	activity when the impairment is active or not in remission. The
160	determination of whether an impairment substantially limits at
161	least one major life activity must be made without regard to the
162	ameliorative effects of mitigating measures, such as medication;
163	medical supplies; equipment or appliances; low-vision devices,
164	not including ordinary eyeglasses or contact lenses;
165	prosthetics, including artificial limbs and devices, hearing
166	aids and cochlear implants or other implantable hearing devices,
167	and mobility devices; oxygen therapy equipment and supplies; use
168	of assistive technology; reasonable accommodations or auxiliary
169	aids or services, including qualified interpreters or other
170	effective measures of making aurally delivered materials
171	available to individuals with hearing impairments; qualified
172	readers; taped texts or other effective methods of making
173	visually delivered materials available to individuals with
174	visual impairments; acquisition or modification of equipment and
175	devices and other similar services and actions; or learned
176	behavioral or adaptive neurological modifications.
177	Section 4.  Section 760.05, Florida Statutes, is amended to
178	read:
179	760.05  Functions of the commission.-The commission shall
180	promote and encourage fair treatment and equal opportunity for
181	all persons regardless of race, color, religion, sex, national
182	origin, age, disability, sexual orientation, gender identity or
183	expression handicap, or marital status and mutual understanding
184	and respect among all members of society all economic, social,
185	racial, religious, and ethnic groups; and the commission shall
186	endeavor to eliminate discrimination against, and antagonism
187	between, persons on the basis of race, color, religion, sex,
188	national origin, age, disability, sexual orientation, gender
189	identity or expression, or marital status religious, racial, and
190	ethnic groups and their members.
191	Section 5.  Section 760.07, Florida Statutes, is amended to
192	read:
193	760.07  Remedies for unlawful discrimination.-Any violation
194	of any Florida statute making unlawful discrimination because of
195	race, color, religion, gender, national origin, age, disability,
196	sexual orientation, gender identity or expression handicap, or
197	marital status in the areas of education, employment, housing,
198	or public accommodations gives rise to a cause of action for all
199	relief and damages described in s. 760.11(5), unless greater
200	damages are expressly provided for. If the statute prohibiting
201	unlawful discrimination provides an administrative remedy, the
202	action for equitable relief and damages provided for in this
203	section may be initiated only after the plaintiff has exhausted
204	his or her administrative remedy. The term "public
205	accommodations" does not include lodge halls or other similar
206	facilities of private organizations that which are made
207	available for public use occasionally or periodically. The right
208	to trial by jury is preserved in any case in which the plaintiff
209	is seeking actual or punitive damages.
210	Section 6.  Section 760.08, Florida Statutes, is amended to
211	read:
212	760.08  Discrimination in places of public accommodation.-
213	All persons shall be entitled to the full and equal enjoyment of
214	the goods, services, facilities, privileges, advantages, and
215	accommodations of any place of public accommodation, as defined
216	in this chapter, without discrimination or segregation on the
217	ground of race, color, national origin, sex, disability, sexual
218	orientation, gender identity or expression handicap, familial
219	status, or religion.
220	Section 7.  Subsections (1) and (2), paragraphs (a) and (b)
221	of subsection (3), subsections (4), (5), and (6), and paragraph
222	(a) of subsection (8) of section 760.10, Florida Statutes, are
223	amended to read:
224	760.10  Unlawful employment practices.-
225	(1)  It is an unlawful employment practice for an employer:
226	(a)  To discharge or to fail or refuse to hire any
227	individual, or otherwise to discriminate against any individual
228	with respect to compensation, terms, conditions, or privileges
229	of employment, because of such individual's race, color,
230	religion, sex, national origin, age, disability, sexual
231	orientation, gender identity or expression handicap, or marital
232	status.
233	(b)  To limit, segregate, or classify employees or
234	applicants for employment in any way which would deprive or tend
235	to deprive any individual of employment opportunities, or
236	adversely affect any individual's status as an employee, because
237	of such individual's race, color, religion, sex, national
238	origin, age, disability, sexual orientation, gender identity or
239	expression handicap, or marital status.
240	(2)  It is an unlawful employment practice for an
241	employment agency to fail or refuse to refer for employment, or
242	otherwise to discriminate against, any individual because of
243	race, color, religion, sex, national origin, age, disability,
244	sexual orientation, gender identity or expression handicap, or
245	marital status or to classify or refer for employment any
246	individual on the basis of race, color, religion, sex, national
247	origin, age, disability, sexual orientation, gender identity or
248	expression handicap, or marital status.
249	(3)  It is an unlawful employment practice for a labor
250	organization:
251	(a)  To exclude or to expel from its membership, or
252	otherwise to discriminate against, any individual because of
253	race, color, religion, sex, national origin, age, disability,
254	sexual orientation, gender identity or expression handicap, or
255	marital status.
256	(b)  To limit, segregate, or classify its membership or
257	applicants for membership, or to classify or fail or refuse to
258	refer for employment any individual, in any way which would
259	deprive or tend to deprive any individual of employment
260	opportunities, or adversely affect any individual's status as an
261	employee or as an applicant for employment, because of such
262	individual's race, color, religion, sex, national origin, age,
263	disability, sexual orientation, gender identity or expression
264	handicap, or marital status.
265	(4)  It is an unlawful employment practice for any
266	employer, labor organization, or joint labor-management
267	committee controlling apprenticeship or other training or
268	retraining, including on-the-job training programs, to
269	discriminate against any individual because of race, color,
270	religion, sex, national origin, age, disability, sexual
271	orientation, gender identity or expression handicap, or marital
272	status in admission to, or employment in, any program
273	established to provide apprenticeship or other training.
274	(5)  Whenever, in order to engage in a profession,
275	occupation, or trade, it is required that a person receive a
276	license, certification, or other credential, become a member or
277	an associate of any club, association, or other organization, or
278	pass any examination, it is an unlawful employment practice for
279	any person to discriminate against any other person seeking such
280	license, certification, or other credential, seeking to become a
281	member or associate of such club, association, or other
282	organization, or seeking to take or pass such examination,
283	because of such other person's race, color, religion, sex,
284	national origin, age, disability, sexual orientation, gender
285	identity or expression handicap, or marital status.
286	(6)  It is an unlawful employment practice for an employer,
287	labor organization, employment agency, or joint labor-management
288	committee to print, or cause to be printed or published, any
289	notice or advertisement relating to employment, membership,
290	classification, referral for employment, or apprenticeship or
291	other training, indicating any preference, limitation,
292	specification, or discrimination, based on race, color,
293	religion, sex, national origin, age, absence of disability,
294	sexual orientation, gender identity or expression handicap, or
295	marital status.
296	(8)  Notwithstanding any other provision of this section,
297	it is not an unlawful employment practice under ss. 760.01-
298	760.10 for an employer, employment agency, labor organization,
299	or joint labor-management committee to:
300	(a)  Take or fail to take any action on the basis of
301	religion, sex, national origin, age, disability, sexual
302	orientation, gender identity or expression handicap, or marital
303	status in those certain instances in which religion, sex,
304	national origin, age, absence of a particular disability, sexual
305	orientation, gender identity or expression handicap, or marital
306	status is a bona fide occupational qualification reasonably
307	necessary for the performance of the particular employment to
308	which such action or inaction is related.
309	Section 8.  Section 509.092, Florida Statutes, is amended
310	to read:
311	509.092  Public lodging establishments and public food
312	service establishments; rights as private enterprises.-Public
313	lodging establishments and public food service establishments
314	are private enterprises, and the operator has the right to
315	refuse accommodations or service to any person who is
316	objectionable or undesirable to the operator, but such refusal
317	may not be based upon race, creed, color, sex, physical
318	disability, sexual orientation, gender identity or expression,
319	or national origin. A person aggrieved by a violation of this
320	section or a violation of a rule adopted under this section has
321	a right of action pursuant to s. 760.11.
322	Section 9.  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 that which consists of four or more units
330	and has an elevator; or
331	(b)  The ground floor units of a building that which
332	consists of 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 that 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	(9)  " Major life activities " has the same meaning as
354	provided in s. 760.02.
355	(7)  "Handicap" means:
356	(a)  A person has a physical or mental impairment which
357	substantially limits one or more major life activities, or he or
358	she has a record of having, or is regarded as having, such
359	physical or mental impairment; or
360	(b)  A person has a developmental disability as defined in
361	s. 393.063.
362	(10)(8)  "Person" includes one or more individuals,
363	corporations, partnerships, associations, labor organizations,
364	legal representatives, mutual companies, joint-stock companies,
365	trusts, unincorporated organizations, trustees, trustees in
366	bankruptcy, receivers, and fiduciaries.
367	(11)  "Sexual orientation" has the same meaning as provided
368	in s. 760.02.
369	(12)(9)  "Substantially equivalent" means an administrative
370	subdivision of the State of Florida meeting the requirements of
371	24 C.F.R. part 115, s. 115.6.
372	(13)  "Substantially limits" means to materially restrict
373	an individual's ability.
374	(14)(10)  "To rent" includes to lease, to sublease, to let,
375	and otherwise to grant for a consideration the right to occupy
376	premises not owned by the occupant.
377	(15)  "Transitory or minor impairment" means any impairment
378	having an actual, apparent, or expected duration of 6 months or
379	less.
380	Section 10.  Section 760.225, Florida Statutes, is created
381	to read:
382	760.225  Impairment.-For purposes of this part, an
383	individual who has been subjected to an action prohibited under
384	this chapter because of an actual or perceived physical or
385	mental impairment, regardless of whether the impairment limits
386	or is perceived to limit a major life activity, has an
387	impairment. An impairment that limits one major life activity
388	may be considered a disability; however, a transitory or minor
389	impairment may not be considered a disability. An impairment
390	that is episodic or in remission is considered a disability if
391	it substantially limits at least one major life activity when
392	the impairment is active or not in remission. The determination
393	of whether an impairment substantially limits a major life
394	activity must be made without regard to the ameliorative effects
395	of mitigating measures, such as medication; medical supplies;
396	equipment or appliances; low-vision devices, not including
397	ordinary eyeglasses or contact lenses; prosthetics, including
398	artificial limbs and devices, hearing aids and cochlear implants
399	or other implantable hearing devices, and mobility devices;
400	oxygen therapy equipment and supplies; use of assistive
401	technology; reasonable accommodations or auxiliary aids or
402	services, including qualified interpreters or other effective
403	measures of making aurally delivered materials available to
404	individuals with hearing impairments; qualified readers; taped
405	texts or other effective methods of making visually delivered
406	materials available to individuals with visual impairments;
407	acquisition or modification of equipment and devices and other
408	similar services and actions; or learned behavioral or adaptive
409	neurological modifications.
410	Section 11.  Subsections (1), (2), (3), (4), (5), (7), and
411	(8), paragraph (a) of subsection (9), and paragraphs (a) and (d)
412	of subsection (10) of section 760.23, Florida Statutes, are
413	amended to read:
414	760.23  Discrimination in the sale or rental of housing and
415	other prohibited practices.-
416	(1)  It is unlawful to refuse to sell or rent after the
417	making of a bona fide offer, to refuse to negotiate for the sale
418	or rental of, or otherwise to make unavailable or deny a
419	dwelling to any person because of race, color, national origin,
420	sex, disability, sexual orientation, gender identity or
421	expression handicap, familial status, or religion.
422	(2)  It is unlawful to discriminate against any person in
423	the terms, conditions, or privileges of sale or rental of a
424	dwelling, or in the provision of services or facilities in
425	connection therewith, because of race, color, national origin,
426	sex, disability, sexual orientation, gender identity or
427	expression handicap, familial status, or religion.
428	(3)  It is unlawful to make, print, or publish, or cause to
429	be made, printed, or published, any notice, statement, or
430	advertisement with respect to the sale or rental of a dwelling
431	that indicates any preference, limitation, or discrimination
432	based on race, color, national origin, sex, disability, sexual
433	orientation, gender identity or expression handicap, familial
434	status, or religion or an intention to make any such preference,
435	limitation, or discrimination.
436	(4)  It is unlawful to represent to any person because of
437	race, color, national origin, sex, disability, sexual
438	orientation, gender identity or expression handicap, familial
439	status, or religion that any dwelling is not available for
440	inspection, sale, or rental when such dwelling is in fact so
441	available.
442	(5)  It is unlawful, for profit, to induce or attempt to
443	induce any person to sell or rent any dwelling by a
444	representation regarding the entry or prospective entry into the
445	neighborhood of a person or persons of a particular race, color,
446	national origin, sex, disability, sexual orientation, gender
447	identity or expression handicap, familial status, or religion.
448	(7)  It is unlawful to discriminate in the sale or rental
449	of, or to otherwise make unavailable or deny, a dwelling to any
450	buyer or renter because of a disability handicap of:
451	(a)  That buyer or renter;
452	(b)  A person residing in or intending to reside in that
453	dwelling after it is sold, rented, or made available; or
454	(c)  Any person associated with the buyer or renter.
455	(8)  It is unlawful to discriminate against any person in
456	the terms, conditions, or privileges of sale or rental of a
457	dwelling, or in the provision of services or facilities in
458	connection with such dwelling, because of a disability handicap
459	of:
460	(a)  That buyer or renter;
461	(b)  A person residing in or intending to reside in that
462	dwelling after it is sold, rented, or made available; or
463	(c)  Any person associated with the buyer or renter.
464	(9)  For purposes of subsections (7) and (8),
465	discrimination includes:
466	(a)  A refusal to permit, at the expense of the handicapped
467	person who has a disability, reasonable modifications of
468	existing premises occupied or to be occupied by such person if
469	such modifications may be necessary to afford such person full
470	enjoyment of the premises; or
471	(10)  Covered multifamily dwellings as defined herein that
472	which are intended for first occupancy after March 13, 1991,
473	shall be designed and constructed to have at least one building
474	entrance on an accessible route unless it is impractical to do
475	so because of the terrain or unusual characteristics of the site
476	as determined by commission rule. Such buildings shall also be
477	designed and constructed in such a manner that:
478	(a)  The public use and common use portions of such
479	dwellings are readily accessible to and usable by handicapped
480	persons who have disabilities.
481	(d)  Compliance with the appropriate requirements of the
482	American National Standards Institute for buildings and
483	facilities providing accessibility and usability for physically
484	handicapped people who have physical disabilities, commonly
485	cited as ANSI A117.1-1986, suffices to satisfy the requirements
486	of paragraph (c).
487
488	State agencies with building construction regulation
489	responsibility or local governments, as appropriate, shall
490	review the plans and specifications for the construction of
491	covered multifamily dwellings to determine consistency with the
492	requirements of this subsection.
493	Section 12.  Section 760.24, Florida Statutes, is amended
494	to read:
495	760.24  Discrimination in the provision of brokerage
496	services.-It is unlawful to deny any person access to, or
497	membership or participation in, any multiple-listing service,
498	real estate brokers' organization, or other service,
499	organization, or facility relating to the business of selling or
500	renting dwellings, or to discriminate against him or her in the
501	terms or conditions of such access, membership, or
502	participation, on account of race, color, national origin, sex,
503	disability, sexual orientation, gender identity or expression
504	handicap, familial status, or religion.
505	Section 13.  Subsection (1) and paragraph (a) of subsection
506	(2) of section 760.25, Florida Statutes, are amended to read:
507	760.25  Discrimination in the financing of housing or in
508	residential real estate transactions.-
509	(1)  It is unlawful for any bank, building and loan
510	association, insurance company, or other corporation,
511	association, firm, or enterprise the business of which consists
512	in whole or in part of the making of commercial real estate
513	loans to deny a loan or other financial assistance to a person
514	applying for the loan for the purpose of purchasing,
515	constructing, improving, repairing, or maintaining a dwelling,
516	or to discriminate against him or her in the fixing of the
517	amount, interest rate, duration, or other term or condition of
518	such loan or other financial assistance, because of the race,
519	color, national origin, sex, disability, sexual orientation,
520	gender identity or expression handicap, familial status, or
521	religion of such person or of any person associated with him or
522	her in connection with such loan or other financial assistance
523	or the purposes of such loan or other financial assistance, or
524	because of the race, color, national origin, sex, disability,
525	sexual orientation, gender identity or expression handicap,
526	familial status, or religion of the present or prospective
527	owners, lessees, tenants, or occupants of the dwelling or
528	dwellings in relation to which such loan or other financial
529	assistance is to be made or given.
530	(2)(a)  It is unlawful for any person or entity whose
531	business includes engaging in residential real estate
532	transactions to discriminate against any person in making
533	available such a transaction, or in the terms or conditions of
534	such a transaction, because of race, color, national origin,
535	sex, disability, sexual orientation, gender identity or
536	expression handicap, familial status, or religion.
537	Section 14.  Section 760.26, Florida Statutes, is amended
538	to read:
539	760.26  Prohibited discrimination in land use decisions and
540	in permitting of development.-It is unlawful to discriminate in
541	land use decisions or in the permitting of development based on
542	race, color, national origin, sex, sexual orientation, gender
543	identity or expression, disability, familial status, religion,
544	or, except as otherwise provided by law, the source of financing
545	of a development or proposed development.
546	Section 15.  Paragraph (a) of subsection (5) of section
547	760.29, Florida Statutes, is amended to read:
548	760.29  Exemptions.-
549	(5)  Nothing in ss. 760.20-760.37:
550	(a)  Prohibits a person engaged in the business of
551	furnishing appraisals of real property from taking into
552	consideration factors other than race, color, national origin,
553	sex, disability, sexual orientation, gender identity or
554	expression handicap, familial status, or religion.
555	Section 16.  Subsection (5) of section 760.31, Florida
556	Statutes, is amended to read:
557	760.31  Powers and duties of commission.-The commission
558	shall:
559	(5)  Adopt rules necessary to implement ss. 760.20-760.37
560	and govern the proceedings of the commission in accordance with
561	chapter 120. Commission rules shall clarify terms used with
562	regard to handicapped accessibility for persons with
563	disabilities, exceptions from accessibility requirements based
564	on terrain or site characteristics, and requirements related to
565	housing for older persons. Commission rules shall specify the
566	fee and the forms and procedures to be used for the registration
567	required by s. 760.29(4)(e).
568	Section 17.  Subsection (2) of section 760.50, Florida
569	Statutes, is amended to read:
570	760.50  Discrimination on the basis of AIDS, AIDS-related
571	complex, and HIV prohibited.-
572	(2)  Any person with or perceived as having acquired immune
573	deficiency syndrome, acquired immune deficiency syndrome related
574	complex, or human immunodeficiency virus shall have every
575	protection made available to handicapped persons with
576	disabilities.
577	Section 18.  Subsection (1) of section 760.60, Florida
578	Statutes, is amended to read:
579	760.60  Discriminatory practices of certain clubs
580	prohibited; remedies.-
581	(1)  It is unlawful for a person to discriminate against
582	any individual because of race, color, religion, gender,
583	national origin, disability, sexual orientation, gender identity
584	or expression handicap, age above the age of 21, or marital
585	status in evaluating an application for membership in a club
586	that has more than 400 members, that provides regular meal
587	service, and that regularly receives payment for dues, fees, use
588	of space, facilities, services, meals, or beverages directly or
589	indirectly from nonmembers for business purposes. It is unlawful
590	for a person, on behalf of such a club, to publish, circulate,
591	issue, display, post, or mail any advertisement, notice, or
592	solicitation that contains a statement to the effect that the
593	accommodations, advantages, facilities, membership, or
594	privileges of the club are denied to any individual because of
595	race, color, religion, gender, national origin, disability,
596	sexual orientation, gender identity or expression handicap, age
597	above the age of 21, or marital status. This subsection does not
598	apply to fraternal or benevolent organizations, ethnic clubs, or
599	religious organizations where business activity is not
600	prevalent.
601	Section 19.  Paragraph (d) of subsection (1) of section
602	419.001, Florida Statutes, is amended to read:
603	419.001  Site selection of community residential homes.-
604	(1)  For the purposes of this section, the following
605	definitions shall apply:
606	(d)  "Resident" means any of the following: a frail elder
607	as defined in s. 429.65; a physically disabled or handicapped
608	person with a physical disability as defined in s.
609	760.22(3)(7)(a); a developmentally disabled person as defined in
610	s. 393.063; a nondangerous mentally ill person as defined in s.
611	394.455(18); or a child who is found to be dependent as defined
612	in s. 39.01 or s. 984.03, or a child in need of services as
613	defined in s. 984.03 or s. 985.03.
614	Section 20.  This act shall take effect July 1, 2010.

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