HB 361

1	A bill to be entitled
2	An act relating to prohibited discrimination; providing a
3	short title; amending s. 760.01, F.S.; revising provisions
4	to include sexual orientation and gender identity or
5	expression as impermissible grounds for discrimination;
6	conforming terminology; amending s. 760.02, F.S.; defining
7	additional terms; creating s. 760.025, F.S.; specifying
8	when an 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.  This act may be cited as the "Competitive
35	Workforce Act."
36	Section 2.  Subsection (2) of section 760.01, Florida
37	Statutes, is amended to read:
38	760.01  Purposes; construction; title.-
39	(2)  The general purposes of the Florida Civil Rights Act
40	of 1992 are to secure for all individuals within the state
41	freedom from discrimination because of race, color, religion,
42	sex, national origin, age, disability, sexual orientation,
43	gender identity or expression handicap, or marital status and
44	thereby to protect their interest in personal dignity, to make
45	available to the state their full productive capacities, to
46	secure the state against domestic strife and unrest, to preserve
47	the public safety, health, and general welfare, and to promote
48	the interests, rights, and privileges of individuals within the
49	state.
50	Section 3.  Section 760.02, Florida Statutes, is amended to
51	read:
52	760.02  Definitions.-For the purposes of ss. 760.01-760.11
53	and 509.092, the term:
54	(1)  "Aggrieved person" means any person who files a
55	complaint with the Florida Commission on Human Relations
56	"Florida Civil Rights Act of 1992" means ss. 760.01-760.11 and
57	509.092.
58	(2)  "Commission" means the Florida Commission on Human
59	Relations created by s. 760.03.
60	(3)  "Commissioner" or "member" means a member of the
61	commission.
62	(4)  "Disability" means:
63	(a)  A physical or mental impairment that substantially
64	limits one or more of the major life activities of the
65	individual;
66	(b)  A record of such impairment;
67	(c)  Being regarded as having such an impairment; or
68	(d)  Having a developmental disability as defined in s.
69	393.063.
70	(5)(4)  "Discriminatory practice" means any practice made
71	unlawful by the Florida Civil Rights Act of 1992.
72	(6)  "Employer" means any person employing 15 or more
73	employees for each working day in each of 20 or more calendar
74	weeks in the current or preceding calendar year, and any agent
75	of such a person.
76	(7)  "Employment agency" means any person regularly
77	undertaking, with or without compensation, to procure employees
78	for an employer or to procure for employees opportunities to
79	work for an employer, and includes an agent of such a person.
80	(8)  "Florida Civil Rights Act of 1992" means ss. 760.01-
81	760.11 and 509.092.
82	(9)  "Gender identity or expression" means gender-related
83	identity, appearance, expression, or behavior of an individual,
84	regardless of the individual's assigned sex at birth.
85	(10)  "Labor organization" means any organization that
86	exists for the purpose, in whole or in part, of collective
87	bargaining or of dealing with employers concerning grievances,
88	terms or conditions of employment, or other mutual aid or
89	protection in connection with employment.
90	(11)  "Major life activities" includes, but is not limited
91	to:
92	(a)  Caring for oneself, performing manual tasks, and
93	functioning in a workplace environment.
94	(b)  Major bodily functions, including, but not limited to,
95	visual, auditory, aural, and cognitive functions; functions of
96	the immune, digestive, neurological, respiratory, circulatory,
97	endocrine, and reproductive systems; normal cell growth; and
98	functions of the bowel, bladder, and brain.
99	(12)(5)  "National origin" includes ancestry.
100	(13)(6)  "Person" includes an individual, association,
101	corporation, joint apprenticeship committee, joint-stock
102	company, labor union, legal representative, mutual company,
103	partnership, receiver, trust, trustee in bankruptcy, or
104	unincorporated organization; any other legal or commercial
105	entity; the state; or any governmental entity or agency.
106	(7)  "Employer" means any person employing 15 or more
107	employees for each working day in each of 20 or more calendar
108	weeks in the current or preceding calendar year, and any agent
109	of such a person.
110	(8)  "Employment agency" means any person regularly
111	undertaking, with or without compensation, to procure employees
112	for an employer or to procure for employees opportunities to
113	work for an employer, and includes an agent of such a person.
114	(9)  "Labor organization" means any organization which
115	exists for the purpose, in whole or in part, of collective
116	bargaining or of dealing with employers concerning grievances,
117	terms or conditions of employment, or other mutual aid or
118	protection in connection with employment.
119	(10)  "Aggrieved person" means any person who files a
120	complaint with the Human Relations Commission.
121	(14)(11)  "Public accommodations" means places of public
122	accommodation, lodgings, facilities principally engaged in
123	selling food for consumption on the premises, gasoline stations,
124	places of exhibition or entertainment, and other covered
125	establishments. Each of the following establishments which
126	serves the public is a place of public accommodation within the
127	meaning of this section:
128	(a)  Any inn, hotel, motel, or other establishment that
129	which provides lodging to transient guests, other than an
130	establishment located within a building that which contains not
131	more than four rooms for rent or hire and that which is actually
132	occupied by the proprietor of such establishment as his or her
133	residence.
134	(b)  Any restaurant, cafeteria, lunchroom, lunch counter,
135	soda fountain, or other facility principally engaged in selling
136	food for consumption on the premises, including, but not limited
137	to, any such facility located on the premises of any retail
138	establishment, or any gasoline station.
139	(c)  Any motion picture theater, theater, concert hall,
140	sports arena, stadium, or other place of exhibition or
141	entertainment.
142	(d)  Any establishment that which is physically located
143	within the premises of any establishment otherwise covered by
144	this subsection, or within the premises of which is physically
145	located any such covered establishment, and which holds itself
146	out as serving patrons of such covered establishment.
147	(15)  "Sexual orientation" means an individual's actual or
148	perceived heterosexuality, homosexuality, or bisexuality.
149	Section 4.  Section 760.025, Florida Statutes, is created
150	to read:
151	760.025  Impairment.-For purposes of this part, an
152	individual who has been subjected to an action prohibited under
153	this chapter because of an actual or perceived physical or
154	mental impairment, regardless of whether the impairment limits
155	or is perceived to limit a major life activity, has an
156	impairment. An impairment that limits one major life activity
157	may be considered a disability; however, a transitory or minor
158	impairment may not be considered a disability. An impairment
159	that is episodic or in remission is considered to be a
160	disability if it substantially limits at least one major life
161	activity when the impairment is active or not in remission. The
162	determination of whether an impairment substantially limits at
163	least one major life activity must be made without regard to the
164	ameliorative effects of mitigating measures, such as medication;
165	medical supplies; equipment or appliances; low-vision devices,
166	not including ordinary eyeglasses or contact lenses;
167	prosthetics, including artificial limbs and devices, hearing
168	aids and cochlear implants or other implantable hearing devices,
169	and mobility devices; oxygen therapy equipment and supplies; use
170	of assistive technology; reasonable accommodations or auxiliary
171	aids or services, including qualified interpreters or other
172	effective measures of making aurally delivered materials
173	available to individuals with hearing impairments; qualified
174	readers; taped texts or other effective methods of making
175	visually delivered materials available to individuals with
176	visual impairments; acquisition or modification of equipment and
177	devices and other similar services and actions; or learned
178	behavioral or adaptive neurological modifications.
179	Section 5.  Section 760.05, Florida Statutes, is amended to
180	read:
181	760.05  Functions of the commission.-The commission shall
182	promote and encourage fair treatment and equal opportunity for
183	all persons regardless of race, color, religion, sex, national
184	origin, age, disability, sexual orientation, gender identity or
185	expression handicap, or marital status and mutual understanding
186	and respect among all members of society all economic, social,
187	racial, religious, and ethnic groups; and the commission shall
188	endeavor to eliminate discrimination against, and antagonism
189	between, persons on the basis of race, color, religion, sex,
190	national origin, age, disability, sexual orientation, gender
191	identity or expression, or marital status religious, racial, and
192	ethnic groups and their members.
193	Section 6.  Section 760.07, Florida Statutes, is amended to
194	read:
195	760.07  Remedies for unlawful discrimination.-Any violation
196	of any Florida statute making unlawful discrimination because of
197	race, color, religion, gender, national origin, age, disability,
198	sexual orientation, gender identity or expression handicap, or
199	marital status in the areas of education, employment, housing,
200	or public accommodations gives rise to a cause of action for all
201	relief and damages described in s. 760.11(5), unless greater
202	damages are expressly provided for. If the statute prohibiting
203	unlawful discrimination provides an administrative remedy, the
204	action for equitable relief and damages provided for in this
205	section may be initiated only after the plaintiff has exhausted
206	his or her administrative remedy. The term "public
207	accommodations" does not include lodge halls or other similar
208	facilities of private organizations that which are made
209	available for public use occasionally or periodically. The right
210	to trial by jury is preserved in any case in which the plaintiff
211	is seeking actual or punitive damages.
212	Section 7.  Section 760.08, Florida Statutes, is amended to
213	read:
214	760.08  Discrimination in places of public accommodation.-
215	All persons shall be entitled to the full and equal enjoyment of
216	the goods, services, facilities, privileges, advantages, and
217	accommodations of any place of public accommodation, as defined
218	in this chapter, without discrimination or segregation on the
219	ground of race, color, national origin, sex, disability, sexual
220	orientation, gender identity or expression handicap, familial
221	status, or religion.
222	Section 8.  Subsections (1) and (2), paragraphs (a) and (b)
223	of subsection (3), subsections (4), (5), and (6), and paragraph
224	(a) of subsection (8) of section 760.10, Florida Statutes, are
225	amended to read:
226	760.10  Unlawful employment practices.-
227	(1)  It is an unlawful employment practice for an employer:
228	(a)  To discharge or to fail or refuse to hire any
229	individual, or otherwise to discriminate against any individual
230	with respect to compensation, terms, conditions, or privileges
231	of employment, because of such individual's race, color,
232	religion, sex, national origin, age, disability, sexual
233	orientation, gender identity or expression handicap, or marital
234	status.
235	(b)  To limit, segregate, or classify employees or
236	applicants for employment in any way which would deprive or tend
237	to deprive any individual of employment opportunities, or
238	adversely affect any individual's status as an employee, because
239	of such individual's race, color, religion, sex, national
240	origin, age, disability, sexual orientation, gender identity or
241	expression handicap, or marital status.
242	(2)  It is an unlawful employment practice for an
243	employment agency to fail or refuse to refer for employment, or
244	otherwise to discriminate against, any individual because of
245	race, color, religion, sex, national origin, age, disability,
246	sexual orientation, gender identity or expression handicap, or
247	marital status or to classify or refer for employment any
248	individual on the basis of race, color, religion, sex, national
249	origin, age, disability, sexual orientation, gender identity or
250	expression handicap, or marital status.
251	(3)  It is an unlawful employment practice for a labor
252	organization:
253	(a)  To exclude or to expel from its membership, or
254	otherwise to discriminate against, any individual because of
255	race, color, religion, sex, national origin, age, disability,
256	sexual orientation, gender identity or expression handicap, or
257	marital status.
258	(b)  To limit, segregate, or classify its membership or
259	applicants for membership, or to classify or fail or refuse to
260	refer for employment any individual, in any way which would
261	deprive or tend to deprive any individual of employment
262	opportunities, or adversely affect any individual's status as an
263	employee or as an applicant for employment, because of such
264	individual's race, color, religion, sex, national origin, age,
265	disability, sexual orientation, gender identity or expression
266	handicap, or marital status.
267	(4)  It is an unlawful employment practice for any
268	employer, labor organization, or joint labor-management
269	committee controlling apprenticeship or other training or
270	retraining, including on-the-job training programs, to
271	discriminate against any individual because of race, color,
272	religion, sex, national origin, age, disability, sexual
273	orientation, gender identity or expression handicap, or marital
274	status in admission to, or employment in, any program
275	established to provide apprenticeship or other training.
276	(5)  Whenever, in order to engage in a profession,
277	occupation, or trade, it is required that a person receive a
278	license, certification, or other credential, become a member or
279	an associate of any club, association, or other organization, or
280	pass any examination, it is an unlawful employment practice for
281	any person to discriminate against any other person seeking such
282	license, certification, or other credential, seeking to become a
283	member or associate of such club, association, or other
284	organization, or seeking to take or pass such examination,
285	because of such other person's race, color, religion, sex,
286	national origin, age, disability, sexual orientation, gender
287	identity or expression handicap, or marital status.
288	(6)  It is an unlawful employment practice for an employer,
289	labor organization, employment agency, or joint labor-management
290	committee to print, or cause to be printed or published, any
291	notice or advertisement relating to employment, membership,
292	classification, referral for employment, or apprenticeship or
293	other training, indicating any preference, limitation,
294	specification, or discrimination, based on race, color,
295	religion, sex, national origin, age, absence of disability,
296	sexual orientation, gender identity or expression handicap, or
297	marital status.
298	(8)  Notwithstanding any other provision of this section,
299	it is not an unlawful employment practice under ss. 760.01-
300	760.10 for an employer, employment agency, labor organization,
301	or joint labor-management committee to:
302	(a)  Take or fail to take any action on the basis of
303	religion, sex, national origin, age, disability, sexual
304	orientation, gender identity or expression handicap, or marital
305	status in those certain instances in which religion, sex,
306	national origin, age, absence of a particular disability, sexual
307	orientation, gender identity or expression handicap, or marital
308	status is a bona fide occupational qualification reasonably
309	necessary for the performance of the particular employment to
310	which such action or inaction is related.
311	Section 9.  Section 509.092, Florida Statutes, is amended
312	to read:
313	509.092  Public lodging establishments and public food
314	service establishments; rights as private enterprises.-Public
315	lodging establishments and public food service establishments
316	are private enterprises, and the operator has the right to
317	refuse accommodations or service to any person who is
318	objectionable or undesirable to the operator, but such refusal
319	may not be based upon race, creed, color, sex, physical
320	disability, sexual orientation, gender identity or expression,
321	or national origin. A person aggrieved by a violation of this
322	section or a violation of a rule adopted under this section has
323	a right of action pursuant to s. 760.11.
324	Section 10.  Section 760.22, Florida Statutes, is amended
325	to read:
326	760.22  Definitions.-As used in ss. 760.20-760.37, the
327	term:
328	(1)  "Commission" means the Florida Commission on Human
329	Relations.
330	(2)  "Covered multifamily dwelling" means:
331	(a)  A building that which consists of four or more units
332	and has an elevator; or
333	(b)  The ground floor units of a building that which
334	consists of four or more units and does not have an elevator.
335	(3)  "Disability" has the same meaning as provided in s.
336	760.02.
337	(4)(3)  "Discriminatory housing practice" means an act that
338	is unlawful under the terms of ss. 760.20-760.37.
339	(5)(4)  "Dwelling" means any building or structure, or
340	portion thereof, which is occupied as, or designed or intended
341	for occupancy as, a residence by one or more families, and any
342	vacant land that which is offered for sale or lease for the
343	construction or location on the land of any such building or
344	structure, or portion thereof.
345	(6)(5)  "Familial status" is established when an individual
346	who has not attained the age of 18 years is domiciled with:
347	(a)  A parent or other person having legal custody of such
348	individual; or
349	(b)  A designee of a parent or other person having legal
350	custody, with the written permission of such parent or other
351	person.
352	(7)(6)  "Family" includes a single individual.
353	(8)  "Gender identity or expression" has the same meaning
354	as provided in s. 760.02.
355	(9)  " Major life activities " has the same meaning as
356	provided in s. 760.02.
357	(7)  "Handicap" means:
358	(a)  A person has a physical or mental impairment which
359	substantially limits one or more major life activities, or he or
360	she has a record of having, or is regarded as having, such
361	physical or mental impairment; or
362	(b)  A person has a developmental disability as defined in
363	s. 393.063.
364	(10)(8)  "Person" includes one or more individuals,
365	corporations, partnerships, associations, labor organizations,
366	legal representatives, mutual companies, joint-stock companies,
367	trusts, unincorporated organizations, trustees, trustees in
368	bankruptcy, receivers, and fiduciaries.
369	(11)  "Sexual orientation" has the same meaning as provided
370	in s. 760.02.
371	(12)(9)  "Substantially equivalent" means an administrative
372	subdivision of the State of Florida meeting the requirements of
373	24 C.F.R. part 115, s. 115.6.
374	(13)  "Substantially limits" means to materially restrict
375	an individual's ability.
376	(14)(10)  "To rent" includes to lease, to sublease, to let,
377	and otherwise to grant for a consideration the right to occupy
378	premises not owned by the occupant.
379	(15)  "Transitory or minor impairment" means any impairment
380	having an actual, apparent, or expected duration of 6 months or
381	less.
382	Section 11.  Section 760.225, Florida Statutes, is created
383	to read:
384	760.225  Impairment.-For purposes of this part, an
385	individual who has been subjected to an action prohibited under
386	this chapter because of an actual or perceived physical or
387	mental impairment, regardless of whether the impairment limits
388	or is perceived to limit a major life activity, has an
389	impairment. An impairment that limits one major life activity
390	may be considered a disability; however, a transitory or minor
391	impairment may not be considered a disability. An impairment
392	that is episodic or in remission is considered a disability if
393	it substantially limits at least one major life activity when
394	the impairment is active or not in remission. The determination
395	of whether an impairment substantially limits a major life
396	activity must be made without regard to the ameliorative effects
397	of mitigating measures, such as medication; medical supplies;
398	equipment or appliances; low-vision devices, not including
399	ordinary eyeglasses or contact lenses; prosthetics, including
400	artificial limbs and devices, hearing aids and cochlear implants
401	or other implantable hearing devices, and mobility devices;
402	oxygen therapy equipment and supplies; use of assistive
403	technology; reasonable accommodations or auxiliary aids or
404	services, including qualified interpreters or other effective
405	measures of making aurally delivered materials available to
406	individuals with hearing impairments; qualified readers; taped
407	texts or other effective methods of making visually delivered
408	materials available to individuals with visual impairments;
409	acquisition or modification of equipment and devices and other
410	similar services and actions; or learned behavioral or adaptive
411	neurological modifications.
412	Section 12.  Subsections (1), (2), (3), (4), (5), (7), and
413	(8), paragraph (a) of subsection (9), and paragraphs (a) and (d)
414	of subsection (10) of section 760.23, Florida Statutes, are
415	amended to read:
416	760.23  Discrimination in the sale or rental of housing and
417	other prohibited practices.-
418	(1)  It is unlawful to refuse to sell or rent after the
419	making of a bona fide offer, to refuse to negotiate for the sale
420	or rental of, or otherwise to make unavailable or deny a
421	dwelling to any person because of race, color, national origin,
422	sex, disability, sexual orientation, gender identity or
423	expression handicap, familial status, or religion.
424	(2)  It is unlawful to discriminate against any person in
425	the terms, conditions, or privileges of sale or rental of a
426	dwelling, or in the provision of services or facilities in
427	connection therewith, because of race, color, national origin,
428	sex, disability, sexual orientation, gender identity or
429	expression handicap, familial status, or religion.
430	(3)  It is unlawful to make, print, or publish, or cause to
431	be made, printed, or published, any notice, statement, or
432	advertisement with respect to the sale or rental of a dwelling
433	that indicates any preference, limitation, or discrimination
434	based on race, color, national origin, sex, disability, sexual
435	orientation, gender identity or expression handicap, familial
436	status, or religion or an intention to make any such preference,
437	limitation, or discrimination.
438	(4)  It is unlawful to represent to any person because of
439	race, color, national origin, sex, disability, sexual
440	orientation, gender identity or expression handicap, familial
441	status, or religion that any dwelling is not available for
442	inspection, sale, or rental when such dwelling is in fact so
443	available.
444	(5)  It is unlawful, for profit, to induce or attempt to
445	induce any person to sell or rent any dwelling by a
446	representation regarding the entry or prospective entry into the
447	neighborhood of a person or persons of a particular race, color,
448	national origin, sex, disability, sexual orientation, gender
449	identity or expression handicap, familial status, or religion.
450	(7)  It is unlawful to discriminate in the sale or rental
451	of, or to otherwise make unavailable or deny, a dwelling to any
452	buyer or renter because of a disability handicap of:
453	(a)  That buyer or renter;
454	(b)  A person residing in or intending to reside in that
455	dwelling after it is sold, rented, or made available; or
456	(c)  Any person associated with the buyer or renter.
457	(8)  It is unlawful to discriminate against any person in
458	the terms, conditions, or privileges of sale or rental of a
459	dwelling, or in the provision of services or facilities in
460	connection with such dwelling, because of a disability handicap
461	of:
462	(a)  That buyer or renter;
463	(b)  A person residing in or intending to reside in that
464	dwelling after it is sold, rented, or made available; or
465	(c)  Any person associated with the buyer or renter.
466	(9)  For purposes of subsections (7) and (8),
467	discrimination includes:
468	(a)  A refusal to permit, at the expense of the handicapped
469	person who has a disability, reasonable modifications of
470	existing premises occupied or to be occupied by such person if
471	such modifications may be necessary to afford such person full
472	enjoyment of the premises; or
473	(10)  Covered multifamily dwellings as defined herein that
474	which are intended for first occupancy after March 13, 1991,
475	shall be designed and constructed to have at least one building
476	entrance on an accessible route unless it is impractical to do
477	so because of the terrain or unusual characteristics of the site
478	as determined by commission rule. Such buildings shall also be
479	designed and constructed in such a manner that:
480	(a)  The public use and common use portions of such
481	dwellings are readily accessible to and usable by handicapped
482	persons who have disabilities.
483	(d)  Compliance with the appropriate requirements of the
484	American National Standards Institute for buildings and
485	facilities providing accessibility and usability for physically
486	handicapped people who have physical disabilities, commonly
487	cited as ANSI A117.1-1986, suffices to satisfy the requirements
488	of paragraph (c).
489
490	State agencies with building construction regulation
491	responsibility or local governments, as appropriate, shall
492	review the plans and specifications for the construction of
493	covered multifamily dwellings to determine consistency with the
494	requirements of this subsection.
495	Section 13.  Section 760.24, Florida Statutes, is amended
496	to read:
497	760.24  Discrimination in the provision of brokerage
498	services.-It is unlawful to deny any person access to, or
499	membership or participation in, any multiple-listing service,
500	real estate brokers' organization, or other service,
501	organization, or facility relating to the business of selling or
502	renting dwellings, or to discriminate against him or her in the
503	terms or conditions of such access, membership, or
504	participation, on account of race, color, national origin, sex,
505	disability, sexual orientation, gender identity or expression
506	handicap, familial status, or religion.
507	Section 14.  Subsection (1) and paragraph (a) of subsection
508	(2) of section 760.25, Florida Statutes, are amended to read:
509	760.25  Discrimination in the financing of housing or in
510	residential real estate transactions.-
511	(1)  It is unlawful for any bank, building and loan
512	association, insurance company, or other corporation,
513	association, firm, or enterprise the business of which consists
514	in whole or in part of the making of commercial real estate
515	loans to deny a loan or other financial assistance to a person
516	applying for the loan for the purpose of purchasing,
517	constructing, improving, repairing, or maintaining a dwelling,
518	or to discriminate against him or her in the fixing of the
519	amount, interest rate, duration, or other term or condition of
520	such loan or other financial assistance, because of the race,
521	color, national origin, sex, disability, sexual orientation,
522	gender identity or expression handicap, familial status, or
523	religion of such person or of any person associated with him or
524	her in connection with such loan or other financial assistance
525	or the purposes of such loan or other financial assistance, or
526	because of the race, color, national origin, sex, disability,
527	sexual orientation, gender identity or expression handicap,
528	familial status, or religion of the present or prospective
529	owners, lessees, tenants, or occupants of the dwelling or
530	dwellings in relation to which such loan or other financial
531	assistance is to be made or given.
532	(2)(a)  It is unlawful for any person or entity whose
533	business includes engaging in residential real estate
534	transactions to discriminate against any person in making
535	available such a transaction, or in the terms or conditions of
536	such a transaction, because of race, color, national origin,
537	sex, disability, sexual orientation, gender identity or
538	expression handicap, familial status, or religion.
539	Section 15.  Section 760.26, Florida Statutes, is amended
540	to read:
541	760.26  Prohibited discrimination in land use decisions and
542	in permitting of development.-It is unlawful to discriminate in
543	land use decisions or in the permitting of development based on
544	race, color, national origin, sex, sexual orientation, gender
545	identity or expression, disability, familial status, religion,
546	or, except as otherwise provided by law, the source of financing
547	of a development or proposed development.
548	Section 16.  Paragraph (a) of subsection (5) of section
549	760.29, Florida Statutes, is amended to read:
550	760.29  Exemptions.-
551	(5)  Nothing in ss. 760.20-760.37:
552	(a)  Prohibits a person engaged in the business of
553	furnishing appraisals of real property from taking into
554	consideration factors other than race, color, national origin,
555	sex, disability, sexual orientation, gender identity or
556	expression handicap, familial status, or religion.
557	Section 17.  Subsection (5) of section 760.31, Florida
558	Statutes, is amended to read:
559	760.31  Powers and duties of commission.-The commission
560	shall:
561	(5)  Adopt rules necessary to implement ss. 760.20-760.37
562	and govern the proceedings of the commission in accordance with
563	chapter 120. Commission rules shall clarify terms used with
564	regard to handicapped accessibility for persons with
565	disabilities, exceptions from accessibility requirements based
566	on terrain or site characteristics, and requirements related to
567	housing for older persons. Commission rules shall specify the
568	fee and the forms and procedures to be used for the registration
569	required by s. 760.29(4)(e).
570	Section 18.  Subsection (2) of section 760.50, Florida
571	Statutes, is amended to read:
572	760.50  Discrimination on the basis of AIDS, AIDS-related
573	complex, and HIV prohibited.-
574	(2)  Any person with or perceived as having acquired immune
575	deficiency syndrome, acquired immune deficiency syndrome related
576	complex, or human immunodeficiency virus shall have every
577	protection made available to handicapped persons with
578	disabilities.
579	Section 19.  Subsection (1) of section 760.60, Florida
580	Statutes, is amended to read:
581	760.60  Discriminatory practices of certain clubs
582	prohibited; remedies.-
583	(1)  It is unlawful for a person to discriminate against
584	any individual because of race, color, religion, gender,
585	national origin, disability, sexual orientation, gender identity
586	or expression handicap, age above the age of 21, or marital
587	status in evaluating an application for membership in a club
588	that has more than 400 members, that provides regular meal
589	service, and that regularly receives payment for dues, fees, use
590	of space, facilities, services, meals, or beverages directly or
591	indirectly from nonmembers for business purposes. It is unlawful
592	for a person, on behalf of such a club, to publish, circulate,
593	issue, display, post, or mail any advertisement, notice, or
594	solicitation that contains a statement to the effect that the
595	accommodations, advantages, facilities, membership, or
596	privileges of the club are denied to any individual because of
597	race, color, religion, gender, national origin, disability,
598	sexual orientation, gender identity or expression handicap, age
599	above the age of 21, or marital status. This subsection does not
600	apply to fraternal or benevolent organizations, ethnic clubs, or
601	religious organizations where business activity is not
602	prevalent.
603	Section 20.  Paragraph (e) of subsection (1) of section
604	419.001, Florida Statutes, is amended to read:
605	419.001  Site selection of community residential homes.-
606	(1)  For the purposes of this section, the term:
607	(e)  "Resident" means any of the following: a frail elder
608	as defined in s. 429.65; a person who has a physical disability
609	handicap as defined in s. 760.22(3)(7)(a); a person who has a
610	developmental disability as defined in s. 393.063; a
611	nondangerous person who has a mental illness as defined in s.
612	394.455; or a child who is found to be dependent as defined in
613	s. 39.01 or s. 984.03, or a child in need of services as defined
614	in s. 984.03 or s. 985.03.
615	Section 21.  This act shall take effect July 1, 2011.

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