HB 247

1	A bill to be entitled
2	An act relating to prohibited discrimination;
3	providing a short title; amending s. 760.01, F.S.;
4	revising provisions to include sexual orientation and
5	gender identity or expression as impermissible grounds
6	for discrimination; conforming terminology; amending
7	s. 760.02, F.S.; defining additional terms; creating
8	s. 760.025, F.S.; specifying when an individual has an
9	impairment for certain purposes; amending ss. 760.05,
10	760.07, 760.08, and 760.10, F.S.; revising provisions
11	to include sexual orientation and gender identity or
12	expression as impermissible grounds for
13	discrimination; conforming terminology; amending s.
14	509.092, F.S.; revising provisions to include sexual
15	orientation and gender identity or expression as
16	impermissible grounds for discrimination in public
17	lodging establishments and public food service
18	establishments; amending s. 760.22, F.S.; defining
19	additional terms; deleting the definition of the term
20	"handicap"; creating s. 760.225, F.S.; specifying when
21	an individual has an impairment for certain purposes;
22	amending ss. 760.23, 760.24, 760.25, 760.26, and
23	760.29, F.S.; revising provisions to include sexual
24	orientation and gender identity or expression as
25	impermissible grounds for discrimination; conforming
26	terminology; amending ss. 760.31 and 760.50, F.S.;
27	conforming terminology; amending s. 760.60, F.S.;
28	revising provisions to include sexual orientation and
29	gender identity or expression as impermissible grounds
30	for discrimination; conforming terminology; amending
31	s. 419.001, F.S.; conforming a cross-reference;
32	providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  This act may be cited as the "Competitive
37	Workforce Act."
38	Section 2.  Subsection (2) of section 760.01, Florida
39	Statutes, is amended to read:
40	760.01  Purposes; construction; title.-
41	(2)  The general purposes of the Florida Civil Rights Act
42	of 1992 are to secure for all individuals within the state
43	freedom from discrimination because of race, color, religion,
44	sex, national origin, age, disability, sexual orientation,
45	gender identity or expression handicap, or marital status and
46	thereby to protect their interest in personal dignity, to make
47	available to the state their full productive capacities, to
48	secure the state against domestic strife and unrest, to preserve
49	the public safety, health, and general welfare, and to promote
50	the interests, rights, and privileges of individuals within the
51	state.
52	Section 3.  Section 760.02, Florida Statutes, is amended to
53	read:
54	760.02  Definitions.-For the purposes of ss. 760.01-760.11
55	and 509.092, the term:
56	(1)  "Aggrieved person" means any person who files a
57	complaint with the Florida Commission on Human Relations
58	"Florida Civil Rights Act of 1992" means ss. 760.01-760.11 and
59	509.092.
60	(2)  "Commission" means the Florida Commission on Human
61	Relations created by s. 760.03.
62	(3)  "Commissioner" or "member" means a member of the
63	commission.
64	(4)  "Disability" means:
65	(a)  A physical or mental impairment that substantially
66	limits one or more of the major life activities of the
67	individual;
68	(b)  A record of such impairment;
69	(c)  Being regarded as having such an impairment; or
70	(d)  Having a developmental disability as defined in s.
71	393.063.
72	(5)(4)  "Discriminatory practice" means any practice made
73	unlawful by the Florida Civil Rights Act of 1992.
74	(6)  "Employer" means any person employing 15 or more
75	employees for each working day in each of 20 or more calendar
76	weeks in the current or the previous calendar year, and any
77	agent of such a person.
78	(7)  "Employment agency" means any person regularly
79	undertaking, with or without compensation, to procure employees
80	for an employer or to procure for employees opportunities to
81	work for an employer, and includes an agent of such a person.
82	(8)  "Florida Civil Rights Act of 1992" means ss. 760.01-
83	760.11 and 509.092.
84	(9)  "Gender identity or expression" means gender-related
85	identity, appearance, expression, or behavior of an individual,
86	regardless of the individual's assigned sex at birth.
87	(10)  "Labor organization" means any organization that
88	exists for the purpose, in whole or in part, of collective
89	bargaining or of dealing with employers concerning grievances,
90	terms or conditions of employment, or other mutual aid or
91	protection in connection with employment.
92	(11)  "Major life activities" includes, but is not limited
93	to:
94	(a)  Caring for oneself, performing manual tasks, and
95	functioning in a workplace environment.
96	(b)  Major bodily functions, including, but not limited to,
97	visual, auditory, aural, and cognitive functions; functions of
98	the immune, digestive, neurological, respiratory, circulatory,
99	endocrine, and reproductive systems; normal cell growth; and
100	functions of the bowel, bladder, and brain.
101	(12)(5)  "National origin" includes ancestry.
102	(13)(6)  "Person" includes an individual, association,
103	corporation, joint apprenticeship committee, joint-stock
104	company, labor union, legal representative, mutual company,
105	partnership, receiver, trust, trustee in bankruptcy, or
106	unincorporated organization; any other legal or commercial
107	entity; the state; or any governmental entity or agency.
108	(7)  "Employer" means any person employing 15 or more
109	employees for each working day in each of 20 or more calendar
110	weeks in the current or preceding calendar year, and any agent
111	of such a person.
112	(8)  "Employment agency" means any person regularly
113	undertaking, with or without compensation, to procure employees
114	for an employer or to procure for employees opportunities to
115	work for an employer, and includes an agent of such a person.
116	(9)  "Labor organization" means any organization which
117	exists for the purpose, in whole or in part, of collective
118	bargaining or of dealing with employers concerning grievances,
119	terms or conditions of employment, or other mutual aid or
120	protection in connection with employment.
121	(10)  "Aggrieved person" means any person who files a
122	complaint with the Human Relations Commission.
123	(14)(11)  "Public accommodations" means places of public
124	accommodation, lodgings, facilities principally engaged in
125	selling food for consumption on the premises, gasoline stations,
126	places of exhibition or entertainment, and other covered
127	establishments. Each of the following establishments which
128	serves the public is a place of public accommodation within the
129	meaning of this section:
130	(a)  Any inn, hotel, motel, or other establishment that
131	which provides lodging to transient guests, other than an
132	establishment located within a building that which contains not
133	more than four rooms for rent or hire and that which is actually
134	occupied by the proprietor of such establishment as his or her
135	residence.
136	(b)  Any restaurant, cafeteria, lunchroom, lunch counter,
137	soda fountain, or other facility principally engaged in selling
138	food for consumption on the premises, including, but not limited
139	to, any such facility located on the premises of any retail
140	establishment, or any gasoline station.
141	(c)  Any motion picture theater, theater, concert hall,
142	sports arena, stadium, or other place of exhibition or
143	entertainment.
144	(d)  Any establishment that which is physically located
145	within the premises of any establishment otherwise covered by
146	this subsection, or within the premises of which is physically
147	located any such covered establishment, and which holds itself
148	out as serving patrons of such covered establishment.
149	(15)  "Sexual orientation" means an individual's actual or
150	perceived heterosexuality, homosexuality, or bisexuality.
151	Section 4.  Section 760.025, Florida Statutes, is created
152	to read:
153	760.025  Impairment.-For purposes of this part, an
154	individual who has been subjected to an action prohibited under
155	this chapter because of an actual or perceived physical or
156	mental impairment, regardless of whether the impairment limits
157	or is perceived to limit a major life activity, has an
158	impairment. An impairment that limits one major life activity
159	may be considered a disability; however, a transitory or minor
160	impairment may not be considered a disability. An impairment
161	that is episodic or in remission is considered to be a
162	disability if it substantially limits at least one major life
163	activity when the impairment is active or not in remission. The
164	determination of whether an impairment substantially limits at
165	least one major life activity must be made without regard to the
166	ameliorative effects of mitigating measures, such as medication;
167	medical supplies; equipment or appliances; low-vision devices,
168	not including ordinary eyeglasses or contact lenses;
169	prosthetics, including artificial limbs and devices, hearing
170	aids and cochlear implants or other implantable hearing devices,
171	and mobility devices; oxygen therapy equipment and supplies; use
172	of assistive technology; reasonable accommodations or auxiliary
173	aids or services, including qualified interpreters or other
174	effective measures of making aurally delivered materials
175	available to individuals with hearing impairments; qualified
176	readers; taped texts or other effective methods of making
177	visually delivered materials available to individuals with
178	visual impairments; acquisition or modification of equipment and
179	devices and other similar services and actions; or learned
180	behavioral or adaptive neurological modifications.
181	Section 5.  Section 760.05, Florida Statutes, is amended to
182	read:
183	760.05  Functions of the commission.-The commission shall
184	promote and encourage fair treatment and equal opportunity for
185	all persons regardless of race, color, religion, sex, national
186	origin, age, disability, sexual orientation, gender identity or
187	expression handicap, or marital status and mutual understanding
188	and respect among all members of society all economic, social,
189	racial, religious, and ethnic groups; and the commission shall
190	endeavor to eliminate discrimination against, and antagonism
191	between, persons on the basis of race, color, religion, sex,
192	national origin, age, disability, sexual orientation, gender
193	identity or expression, or marital status religious, racial, and
194	ethnic groups and their members.
195	Section 6.  Section 760.07, Florida Statutes, is amended to
196	read:
197	760.07  Remedies for unlawful discrimination.-Any violation
198	of any Florida statute making unlawful discrimination because of
199	race, color, religion, gender, national origin, age, disability,
200	sexual orientation, gender identity or expression handicap, or
201	marital status in the areas of education, employment, housing,
202	or public accommodations gives rise to a cause of action for all
203	relief and damages described in s. 760.11(5), unless greater
204	damages are expressly provided for. If the statute prohibiting
205	unlawful discrimination provides an administrative remedy, the
206	action for equitable relief and damages provided for in this
207	section may be initiated only after the plaintiff has exhausted
208	his or her administrative remedy. The term "public
209	accommodations" does not include lodge halls or other similar
210	facilities of private organizations that which are made
211	available for public use occasionally or periodically. The right
212	to trial by jury is preserved in any case in which the plaintiff
213	is seeking actual or punitive damages.
214	Section 7.  Section 760.08, Florida Statutes, is amended to
215	read:
216	760.08  Discrimination in places of public accommodation.-
217	All persons shall be entitled to the full and equal enjoyment of
218	the goods, services, facilities, privileges, advantages, and
219	accommodations of any place of public accommodation, as defined
220	in this chapter, without discrimination or segregation on the
221	ground of race, color, national origin, sex, disability, sexual
222	orientation, gender identity or expression handicap, familial
223	status, or religion.
224	Section 8.  Subsections (1) and (2), paragraphs (a) and (b)
225	of subsection (3), subsections (4), (5), and (6), and paragraph
226	(a) of subsection (8) of section 760.10, Florida Statutes, are
227	amended to read:
228	760.10  Unlawful employment practices.-
229	(1)  It is an unlawful employment practice for an employer:
230	(a)  To discharge or to fail or refuse to hire any
231	individual, or otherwise to discriminate against any individual
232	with respect to compensation, terms, conditions, or privileges
233	of employment, because of such individual's race, color,
234	religion, sex, national origin, age, disability, sexual
235	orientation, gender identity or expression handicap, or marital
236	status.
237	(b)  To limit, segregate, or classify employees or
238	applicants for employment in any way which would deprive or tend
239	to deprive any individual of employment opportunities, or
240	adversely affect any individual's status as an employee, because
241	of such individual's race, color, religion, sex, national
242	origin, age, disability, sexual orientation, gender identity or
243	expression handicap, or marital status.
244	(2)  It is an unlawful employment practice for an
245	employment agency to fail or refuse to refer for employment, or
246	otherwise to discriminate against, any individual because of
247	race, color, religion, sex, national origin, age, disability,
248	sexual orientation, gender identity or expression handicap, or
249	marital status or to classify or refer for employment any
250	individual on the basis of race, color, religion, sex, national
251	origin, age, disability, sexual orientation, gender identity or
252	expression handicap, or marital status.
253	(3)  It is an unlawful employment practice for a labor
254	organization:
255	(a)  To exclude or to expel from its membership, or
256	otherwise to discriminate against, any individual because of
257	race, color, religion, sex, national origin, age, disability,
258	sexual orientation, gender identity or expression handicap, or
259	marital status.
260	(b)  To limit, segregate, or classify its membership or
261	applicants for membership, or to classify or fail or refuse to
262	refer for employment any individual, in any way which would
263	deprive or tend to deprive any individual of employment
264	opportunities, or adversely affect any individual's status as an
265	employee or as an applicant for employment, because of such
266	individual's race, color, religion, sex, national origin, age,
267	disability, sexual orientation, gender identity or expression
268	handicap, or marital status.
269	(4)  It is an unlawful employment practice for any
270	employer, labor organization, or joint labor-management
271	committee controlling apprenticeship or other training or
272	retraining, including on-the-job training programs, to
273	discriminate against any individual because of race, color,
274	religion, sex, national origin, age, disability, sexual
275	orientation, gender identity or expression handicap, or marital
276	status in admission to, or employment in, any program
277	established to provide apprenticeship or other training.
278	(5)  Whenever, in order to engage in a profession,
279	occupation, or trade, it is required that a person receive a
280	license, certification, or other credential, become a member or
281	an associate of any club, association, or other organization, or
282	pass any examination, it is an unlawful employment practice for
283	any person to discriminate against any other person seeking such
284	license, certification, or other credential, seeking to become a
285	member or associate of such club, association, or other
286	organization, or seeking to take or pass such examination,
287	because of such other person's race, color, religion, sex,
288	national origin, age, disability, sexual orientation, gender
289	identity or expression handicap, or marital status.
290	(6)  It is an unlawful employment practice for an employer,
291	labor organization, employment agency, or joint labor-management
292	committee to print, or cause to be printed or published, any
293	notice or advertisement relating to employment, membership,
294	classification, referral for employment, or apprenticeship or
295	other training, indicating any preference, limitation,
296	specification, or discrimination, based on race, color,
297	religion, sex, national origin, age, absence of disability,
298	sexual orientation, gender identity or expression handicap, or
299	marital status.
300	(8)  Notwithstanding any other provision of this section,
301	it is not an unlawful employment practice under ss. 760.01-
302	760.10 for an employer, employment agency, labor organization,
303	or joint labor-management committee to:
304	(a)  Take or fail to take any action on the basis of
305	religion, sex, national origin, age, disability, sexual
306	orientation, gender identity or expression handicap, or marital
307	status in those certain instances in which religion, sex,
308	national origin, age, absence of a particular disability, sexual
309	orientation, gender identity or expression handicap, or marital
310	status is a bona fide occupational qualification reasonably
311	necessary for the performance of the particular employment to
312	which such action or inaction is related.
313	Section 9.  Section 509.092, Florida Statutes, is amended
314	to read:
315	509.092  Public lodging establishments and public food
316	service establishments; rights as private enterprises.-Public
317	lodging establishments and public food service establishments
318	are private enterprises, and the operator has the right to
319	refuse accommodations or service to any person who is
320	objectionable or undesirable to the operator, but such refusal
321	may not be based upon race, creed, color, sex, physical
322	disability, sexual orientation, gender identity or expression,
323	or national origin. A person aggrieved by a violation of this
324	section or a violation of a rule adopted under this section has
325	a right of action pursuant to s. 760.11.
326	Section 10.  Section 760.22, Florida Statutes, is amended
327	to read:
328	760.22  Definitions.-As used in ss. 760.20-760.37, the
329	term:
330	(1)  "Commission" means the Florida Commission on Human
331	Relations.
332	(2)  "Covered multifamily dwelling" means:
333	(a)  A building that which consists of four or more units
334	and has an elevator; or
335	(b)  The ground floor units of a building that which
336	consists of four or more units and does not have an elevator.
337	(3)  "Disability" has the same meaning as provided in s.
338	760.02.
339	(4)(3)  "Discriminatory housing practice" means an act that
340	is unlawful under the terms of ss. 760.20-760.37.
341	(5)(4)  "Dwelling" means any building or structure, or
342	portion thereof, which is occupied as, or designed or intended
343	for occupancy as, a residence by one or more families, and any
344	vacant land that which is offered for sale or lease for the
345	construction or location on the land of any such building or
346	structure, or portion thereof.
347	(6)(5)  "Familial status" is established when an individual
348	who has not attained the age of 18 years is domiciled with:
349	(a)  A parent or other person having legal custody of such
350	individual; or
351	(b)  A designee of a parent or other person having legal
352	custody, with the written permission of such parent or other
353	person.
354	(7)(6)  "Family" includes a single individual.
355	(8)  "Gender identity or expression" has the same meaning
356	as provided in s. 760.02.
357	(9)  " Major life activities " has the same meaning as
358	provided in s. 760.02.
359	(7)  "Handicap" means:
360	(a)  A person has a physical or mental impairment which
361	substantially limits one or more major life activities, or he or
362	she has a record of having, or is regarded as having, such
363	physical or mental impairment; or
364	(b)  A person has a developmental disability as defined in
365	s. 393.063.
366	(10)(8)  "Person" includes one or more individuals,
367	corporations, partnerships, associations, labor organizations,
368	legal representatives, mutual companies, joint-stock companies,
369	trusts, unincorporated organizations, trustees, trustees in
370	bankruptcy, receivers, and fiduciaries.
371	(11)  "Sexual orientation" has the same meaning as provided
372	in s. 760.02.
373	(12)(9)  "Substantially equivalent" means an administrative
374	subdivision of the State of Florida meeting the requirements of
375	24 C.F.R. part 115, s. 115.6.
376	(13)  "Substantially limits" means to materially restrict
377	an individual's ability.
378	(14)(10)  "To rent" includes to lease, to sublease, to let,
379	and otherwise to grant for a consideration the right to occupy
380	premises not owned by the occupant.
381	(15)  "Transitory or minor impairment" means any impairment
382	having an actual, apparent, or expected duration of 6 months or
383	less.
384	Section 11.  Section 760.225, Florida Statutes, is created
385	to read:
386	760.225  Impairment.-For purposes of this part, an
387	individual who has been subjected to an action prohibited under
388	this chapter because of an actual or perceived physical or
389	mental impairment, regardless of whether the impairment limits
390	or is perceived to limit a major life activity, has an
391	impairment. An impairment that limits one major life activity
392	may be considered a disability; however, a transitory or minor
393	impairment may not be considered a disability. An impairment
394	that is episodic or in remission is considered a disability if
395	it substantially limits at least one major life activity when
396	the impairment is active or not in remission. The determination
397	of whether an impairment substantially limits a major life
398	activity must be made without regard to the ameliorative effects
399	of mitigating measures, such as medication; medical supplies;
400	equipment or appliances; low-vision devices, not including
401	ordinary eyeglasses or contact lenses; prosthetics, including
402	artificial limbs and devices, hearing aids and cochlear implants
403	or other implantable hearing devices, and mobility devices;
404	oxygen therapy equipment and supplies; use of assistive
405	technology; reasonable accommodations or auxiliary aids or
406	services, including qualified interpreters or other effective
407	measures of making aurally delivered materials available to
408	individuals with hearing impairments; qualified readers; taped
409	texts or other effective methods of making visually delivered
410	materials available to individuals with visual impairments;
411	acquisition or modification of equipment and devices and other
412	similar services and actions; or learned behavioral or adaptive
413	neurological modifications.
414	Section 12.  Subsections (1), (2), (3), (4), (5), (7), and
415	(8), paragraph (a) of subsection (9), and paragraphs (a) and (d)
416	of subsection (10) of section 760.23, Florida Statutes, are
417	amended to read:
418	760.23  Discrimination in the sale or rental of housing and
419	other prohibited practices.-
420	(1)  It is unlawful to refuse to sell or rent after the
421	making of a bona fide offer, to refuse to negotiate for the sale
422	or rental of, or otherwise to make unavailable or deny a
423	dwelling to any person because of race, color, national origin,
424	sex, disability, sexual orientation, gender identity or
425	expression handicap, familial status, or religion.
426	(2)  It is unlawful to discriminate against any person in
427	the terms, conditions, or privileges of sale or rental of a
428	dwelling, or in the provision of services or facilities in
429	connection therewith, because of race, color, national origin,
430	sex, disability, sexual orientation, gender identity or
431	expression handicap, familial status, or religion.
432	(3)  It is unlawful to make, print, or publish, or cause to
433	be made, printed, or published, any notice, statement, or
434	advertisement with respect to the sale or rental of a dwelling
435	that indicates any preference, limitation, or discrimination
436	based on race, color, national origin, sex, disability, sexual
437	orientation, gender identity or expression handicap, familial
438	status, or religion or an intention to make any such preference,
439	limitation, or discrimination.
440	(4)  It is unlawful to represent to any person because of
441	race, color, national origin, sex, disability, sexual
442	orientation, gender identity or expression handicap, familial
443	status, or religion that any dwelling is not available for
444	inspection, sale, or rental when such dwelling is in fact so
445	available.
446	(5)  It is unlawful, for profit, to induce or attempt to
447	induce any person to sell or rent any dwelling by a
448	representation regarding the entry or prospective entry into the
449	neighborhood of a person or persons of a particular race, color,
450	national origin, sex, disability, sexual orientation, gender
451	identity or expression handicap, familial status, or religion.
452	(7)  It is unlawful to discriminate in the sale or rental
453	of, or to otherwise make unavailable or deny, a dwelling to any
454	buyer or renter because of a disability handicap of:
455	(a)  That buyer or renter;
456	(b)  A person residing in or intending to reside in that
457	dwelling after it is sold, rented, or made available; or
458	(c)  Any person associated with the buyer or renter.
459	(8)  It is unlawful to discriminate against any person in
460	the terms, conditions, or privileges of sale or rental of a
461	dwelling, or in the provision of services or facilities in
462	connection with such dwelling, because of a disability handicap
463	of:
464	(a)  That buyer or renter;
465	(b)  A person residing in or intending to reside in that
466	dwelling after it is sold, rented, or made available; or
467	(c)  Any person associated with the buyer or renter.
468	(9)  For purposes of subsections (7) and (8),
469	discrimination includes:
470	(a)  A refusal to permit, at the expense of the handicapped
471	person who has a disability, reasonable modifications of
472	existing premises occupied or to be occupied by such person if
473	such modifications may be necessary to afford such person full
474	enjoyment of the premises; or
475	(10)  Covered multifamily dwellings as defined herein that
476	which are intended for first occupancy after March 13, 1991,
477	shall be designed and constructed to have at least one building
478	entrance on an accessible route unless it is impractical to do
479	so because of the terrain or unusual characteristics of the site
480	as determined by commission rule. Such buildings shall also be
481	designed and constructed in such a manner that:
482	(a)  The public use and common use portions of such
483	dwellings are readily accessible to and usable by handicapped
484	persons who have disabilities.
485	(d)  Compliance with the appropriate requirements of the
486	American National Standards Institute for buildings and
487	facilities providing accessibility and usability for physically
488	handicapped people who have physical disabilities, commonly
489	cited as ANSI A117.1-1986, suffices to satisfy the requirements
490	of paragraph (c).
491
492	State agencies with building construction regulation
493	responsibility or local governments, as appropriate, shall
494	review the plans and specifications for the construction of
495	covered multifamily dwellings to determine consistency with the
496	requirements of this subsection.
497	Section 13.  Section 760.24, Florida Statutes, is amended
498	to read:
499	760.24  Discrimination in the provision of brokerage
500	services.-It is unlawful to deny any person access to, or
501	membership or participation in, any multiple-listing service,
502	real estate brokers' organization, or other service,
503	organization, or facility relating to the business of selling or
504	renting dwellings, or to discriminate against him or her in the
505	terms or conditions of such access, membership, or
506	participation, on account of race, color, national origin, sex,
507	disability, sexual orientation, gender identity or expression
508	handicap, familial status, or religion.
509	Section 14.  Subsection (1) and paragraph (a) of subsection
510	(2) of section 760.25, Florida Statutes, are amended to read:
511	760.25  Discrimination in the financing of housing or in
512	residential real estate transactions.-
513	(1)  It is unlawful for any bank, building and loan
514	association, insurance company, or other corporation,
515	association, firm, or enterprise the business of which consists
516	in whole or in part of the making of commercial real estate
517	loans to deny a loan or other financial assistance to a person
518	applying for the loan for the purpose of purchasing,
519	constructing, improving, repairing, or maintaining a dwelling,
520	or to discriminate against him or her in the fixing of the
521	amount, interest rate, duration, or other term or condition of
522	such loan or other financial assistance, because of the race,
523	color, national origin, sex, disability, sexual orientation,
524	gender identity or expression handicap, familial status, or
525	religion of such person or of any person associated with him or
526	her in connection with such loan or other financial assistance
527	or the purposes of such loan or other financial assistance, or
528	because of the race, color, national origin, sex, disability,
529	sexual orientation, gender identity or expression handicap,
530	familial status, or religion of the present or prospective
531	owners, lessees, tenants, or occupants of the dwelling or
532	dwellings in relation to which such loan or other financial
533	assistance is to be made or given.
534	(2)(a)  It is unlawful for any person or entity whose
535	business includes engaging in residential real estate
536	transactions to discriminate against any person in making
537	available such a transaction, or in the terms or conditions of
538	such a transaction, because of race, color, national origin,
539	sex, disability, sexual orientation, gender identity or
540	expression handicap, familial status, or religion.
541	Section 15.  Section 760.26, Florida Statutes, is amended
542	to read:
543	760.26  Prohibited discrimination in land use decisions and
544	in permitting of development.-It is unlawful to discriminate in
545	land use decisions or in the permitting of development based on
546	race, color, national origin, sex, sexual orientation, gender
547	identity or expression, disability, familial status, religion,
548	or, except as otherwise provided by law, the source of financing
549	of a development or proposed development.
550	Section 16.  Paragraph (a) of subsection (5) of section
551	760.29, Florida Statutes, is amended to read:
552	760.29  Exemptions.-
553	(5)  Nothing in ss. 760.20-760.37:
554	(a)  Prohibits a person engaged in the business of
555	furnishing appraisals of real property from taking into
556	consideration factors other than race, color, national origin,
557	sex, disability, sexual orientation, gender identity or
558	expression handicap, familial status, or religion.
559	Section 17.  Subsection (5) of section 760.31, Florida
560	Statutes, is amended to read:
561	760.31  Powers and duties of commission.-The commission
562	shall:
563	(5)  Adopt rules necessary to implement ss. 760.20-760.37
564	and govern the proceedings of the commission in accordance with
565	chapter 120. Commission rules shall clarify terms used with
566	regard to handicapped accessibility for persons with
567	disabilities, exceptions from accessibility requirements based
568	on terrain or site characteristics, and requirements related to
569	housing for older persons. Commission rules shall specify the
570	fee and the forms and procedures to be used for the registration
571	required by s. 760.29(4)(e).
572	Section 18.  Subsection (2) of section 760.50, Florida
573	Statutes, is amended to read:
574	760.50  Discrimination on the basis of AIDS, AIDS-related
575	complex, and HIV prohibited.-
576	(2)  Any person with or perceived as having acquired immune
577	deficiency syndrome, acquired immune deficiency syndrome related
578	complex, or human immunodeficiency virus shall have every
579	protection made available to handicapped persons with
580	disabilities.
581	Section 19.  Subsection (1) of section 760.60, Florida
582	Statutes, is amended to read:
583	760.60  Discriminatory practices of certain clubs
584	prohibited; remedies.-
585	(1)  It is unlawful for a person to discriminate against
586	any individual because of race, color, religion, gender,
587	national origin, disability, sexual orientation, gender identity
588	or expression handicap, age above the age of 21, or marital
589	status in evaluating an application for membership in a club
590	that has more than 400 members, that provides regular meal
591	service, and that regularly receives payment for dues, fees, use
592	of space, facilities, services, meals, or beverages directly or
593	indirectly from nonmembers for business purposes. It is unlawful
594	for a person, on behalf of such a club, to publish, circulate,
595	issue, display, post, or mail any advertisement, notice, or
596	solicitation that contains a statement to the effect that the
597	accommodations, advantages, facilities, membership, or
598	privileges of the club are denied to any individual because of
599	race, color, religion, gender, national origin, disability,
600	sexual orientation, gender identity or expression handicap, age
601	above the age of 21, or marital status. This subsection does not
602	apply to fraternal or benevolent organizations, ethnic clubs, or
603	religious organizations where business activity is not
604	prevalent.
605	Section 20.  Paragraph (e) of subsection (1) of section
606	419.001, Florida Statutes, is amended to read:
607	419.001  Site selection of community residential homes.-
608	(1)  For the purposes of this section, the term:
609	(e)  "Resident" means any of the following: a frail elder
610	as defined in s. 429.65; a person who has a physical disability
611	handicap as defined in s. 760.22(3) 760.22(7)(a); a person who
612	has a developmental disability as defined in s. 393.063; a
613	nondangerous person who has a mental illness as defined in s.
614	394.455; or a child who is found to be dependent as defined in
615	s. 39.01 or s. 984.03, or a child in need of services as defined
616	in s. 984.03 or s. 985.03.
617	Section 21.  This act shall take effect July 1, 2012.

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