Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 120
Ì873568VÎ873568
LEGISLATIVE ACTION
Senate . House
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The Committee on Judiciary (Soto) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Florida
6 Competitive Workforce Act.”
7 Section 2. Subsection (1) of section 760.01, Florida
8 Statutes, is republished, and subsection (2) of that section is
9 amended, to read:
10 760.01 Purposes; construction; title.—
11 (1) Sections 760.01-760.11 and 509.092 shall be cited as
12 the “Florida Civil Rights Act of 1992.”
13 (2) The general purposes of the Florida Civil Rights Act of
14 1992 are to secure for all individuals within the state freedom
15 from discrimination because of race, color, religion, sex,
16 pregnancy, national origin, age, sexual orientation, gender
17 identity or expression, disability handicap, or marital status
18 and thereby to protect their interest in personal dignity, to
19 make available to the state their full productive capacities, to
20 secure the state against domestic strife and unrest, to preserve
21 the public safety, health, and general welfare, and to promote
22 the interests, rights, and privileges of individuals within the
23 state.
24 Section 3. Section 760.02, Florida Statutes, is reordered
25 and amended to read:
26 760.02 Definitions.—For the purposes of ss. 760.01-760.11
27 and 509.092, the term:
28 (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
29 760.11 and 509.092.
30 (2) “Commission” means the Florida Commission on Human
31 Relations created by s. 760.03.
32 (3) “Commissioner” or “member” means a member of the
33 commission.
34 (4) “Discriminatory practice” means any practice made
35 unlawful by the Florida Civil Rights Act of 1992.
36 (10)(5) “National origin” includes ancestry.
37 (11)(6) “Person” includes an individual, association,
38 corporation, joint apprenticeship committee, joint-stock
39 company, labor union, legal representative, mutual company,
40 partnership, receiver, trust, trustee in bankruptcy, or
41 unincorporated organization; any other legal or commercial
42 entity; the state; or any governmental entity or agency.
43 (5)(7) “Employer” means any person employing 15 or more
44 employees for each working day in each of 20 or more calendar
45 weeks in the current or preceding calendar year, and any agent
46 of such a person.
47 (6)(8) “Employment agency” means any person regularly
48 undertaking, with or without compensation, to procure employees
49 for an employer or to procure for employees opportunities to
50 work for an employer, and includes an agent of such a person.
51 (8) “Gender identity or expression” means gender-related
52 identity, appearance, or behavior, regardless of whether such
53 gender-related identity, appearance, or behavior is different
54 from that traditionally associated with the person’s physiology
55 or assigned sex at birth, and which gender-related identity can
56 be shown by the person providing evidence, including, but not
57 limited to:
58 (a) Medical history, care, or treatment of the gender
59 related identity;
60 (b) Consistent and uniform assertion of the gender-related
61 identity; or
62 (c) Other evidence that the gender-related identity is a
63 sincerely held part of a person’s core identity and is not being
64 asserted for an improper purpose.
65 (9) “Labor organization” means any organization which
66 exists for the purpose, in whole or in part, of collective
67 bargaining or of dealing with employers concerning grievances,
68 terms or conditions of employment, or other mutual aid or
69 protection in connection with employment.
70 (1)(10) “Aggrieved person” means any person who files a
71 complaint with the Florida Commission on Human Relations
72 Commission.
73 (12)(11) “Public accommodations” means places of public
74 accommodation, lodgings, facilities principally engaged in
75 selling food for consumption on the premises, gasoline stations,
76 places of exhibition or entertainment, and other covered
77 establishments. Each of the following establishments which
78 serves the public is a place of public accommodation within the
79 meaning of this section:
80 (a) Any inn, hotel, motel, or other establishment that
81 which provides lodging to transient guests, other than an
82 establishment located within a building that which contains not
83 more than four rooms for rent or hire and that which is actually
84 occupied by the proprietor of such establishment as his or her
85 residence.
86 (b) Any restaurant, cafeteria, lunchroom, lunch counter,
87 soda fountain, or other facility principally engaged in selling
88 food for consumption on the premises, including, but not limited
89 to, any such facility located on the premises of any retail
90 establishment, or any gasoline station.
91 (c) Any motion picture theater, theater, concert hall,
92 sports arena, stadium, or other place of exhibition or
93 entertainment.
94 (d) Any establishment that which is physically located
95 within the premises of any establishment otherwise covered by
96 this subsection, or within the premises of which is physically
97 located any such covered establishment, and that which holds
98 itself out as serving patrons of such covered establishment.
99 (13) “Sexual orientation” means an individual’s
100 heterosexuality, homosexuality, or bisexuality.
101 Section 4. Section 760.05, Florida Statutes, is amended to
102 read:
103 760.05 Functions of the commission.—The commission shall
104 promote and encourage fair treatment and equal opportunity for
105 all persons regardless of race, color, religion, sex, pregnancy,
106 national origin, age, sexual orientation, gender identity or
107 expression, disability handicap, or marital status and mutual
108 understanding and respect among all members of society. The
109 commission all economic, social, racial, religious, and ethnic
110 groups; and shall endeavor to eliminate discrimination against,
111 and antagonism between, persons on the basis of race, color,
112 religion, sex, pregnancy, national origin, age, sexual
113 orientation, gender identity or expression, disability, or
114 marital status religious, racial, and ethnic groups and their
115 members.
116 Section 5. Section 760.07, Florida Statutes, is amended to
117 read:
118 760.07 Remedies for unlawful discrimination.—Any violation
119 of any Florida statute making unlawful discrimination because of
120 race, color, religion, gender, pregnancy, national origin, age,
121 sexual orientation, gender identity or expression, disability
122 handicap, or marital status in the areas of education,
123 employment, housing, or public accommodations gives rise to a
124 cause of action for all relief and damages described in s.
125 760.11(5), unless greater damages are expressly provided for. If
126 the statute prohibiting unlawful discrimination provides an
127 administrative remedy, the action for equitable relief and
128 damages provided for in this section may be initiated only after
129 the plaintiff has exhausted his or her administrative remedy.
130 The term “public accommodations” does not include lodge halls or
131 other similar facilities of private organizations which are made
132 available for public use occasionally or periodically. The right
133 to trial by jury is preserved in any case in which the plaintiff
134 is seeking actual or punitive damages.
135 Section 6. Section 760.08, Florida Statutes, is amended to
136 read:
137 760.08 Discrimination in places of public accommodation.
138 All persons are entitled to the full and equal enjoyment of the
139 goods, services, facilities, privileges, advantages, and
140 accommodations of any place of public accommodation without
141 discrimination or segregation on the ground of race, color,
142 national origin, sex, sexual orientation, gender identity or
143 expression, pregnancy, disability handicap, familial status, or
144 religion.
145 Section 7. Subsections (1) and (2), paragraphs (a) and (b)
146 of subsection (3), subsections (4), (5), and (6), paragraph (a)
147 of subsection (8), and subsection (9) of section 760.10, Florida
148 Statutes, are amended, and subsection (10) of that section is
149 republished, to read:
150 760.10 Unlawful employment practices.—
151 (1) It is an unlawful employment practice for an employer:
152 (a) To discharge or to fail or refuse to hire any
153 individual, or otherwise to discriminate against any individual
154 with respect to compensation, terms, conditions, or privileges
155 of employment, because of such individual’s race, color,
156 religion, sex, pregnancy, national origin, age, sexual
157 orientation, gender identity or expression, disability handicap,
158 or marital status.
159 (b) To limit, segregate, or classify employees or
160 applicants for employment in any way that which would deprive or
161 tend to deprive any individual of employment opportunities, or
162 adversely affect any individual’s status as an employee, because
163 of such individual’s race, color, religion, sex, pregnancy,
164 national origin, age, sexual orientation, gender identity or
165 expression, disability handicap, or marital status.
166 (2) It is an unlawful employment practice for an employment
167 agency to fail or refuse to refer for employment, or otherwise
168 to discriminate against, any individual because of race, color,
169 religion, sex, pregnancy, national origin, age, sexual
170 orientation, gender identity or expression, disability handicap,
171 or marital status or to classify or refer for employment any
172 individual on the basis of race, color, religion, sex,
173 pregnancy, national origin, age, sexual orientation, gender
174 identity or expression, disability handicap, or marital status.
175 (3) It is an unlawful employment practice for a labor
176 organization:
177 (a) To exclude or to expel from its membership, or
178 otherwise to discriminate against, any individual because of
179 race, color, religion, sex, pregnancy, national origin, age,
180 sexual orientation, gender identity or expression, disability
181 handicap, or marital status.
182 (b) To limit, segregate, or classify its membership or
183 applicants for membership, or to classify or fail or refuse to
184 refer for employment any individual, in any way that would
185 deprive or tend to deprive any individual of employment
186 opportunities, or adversely affect any individual’s status as an
187 employee or as an applicant for employment, because of such
188 individual’s race, color, religion, sex, pregnancy, national
189 origin, age, sexual orientation, gender identity or expression,
190 disability handicap, or marital status.
191 (4) It is an unlawful employment practice for any employer,
192 labor organization, or joint labor-management committee
193 controlling apprenticeship or other training or retraining,
194 including on-the-job training programs, to discriminate against
195 any individual because of race, color, religion, sex, pregnancy,
196 national origin, age, sexual orientation, gender identity or
197 expression, disability handicap, or marital status in admission
198 to, or employment in, any program established to provide
199 apprenticeship or other training.
200 (5) Whenever, in order to engage in a profession,
201 occupation, or trade, it is required that a person receive a
202 license, certification, or other credential;, become a member or
203 an associate of any club, association, or other organization;,
204 or pass any examination, it is an unlawful employment practice
205 for any person to discriminate against any other person seeking
206 such license, certification, or other credential;, seeking to
207 become a member or associate of such club, association, or other
208 organization;, or seeking to take or pass such examination,
209 because of such other person’s race, color, religion, sex,
210 pregnancy, national origin, age, sexual orientation, gender
211 identity or expression, disability handicap, or marital status.
212 (6) It is an unlawful employment practice for an employer,
213 a labor organization, an employment agency, or a joint labor
214 management committee to print, or cause to be printed or
215 published, any notice or advertisement relating to employment,
216 membership, classification, referral for employment, or
217 apprenticeship or other training which indicates, indicating any
218 preference, limitation, specification, or discrimination, based
219 on race, color, religion, sex, pregnancy, national origin, age,
220 sexual orientation, gender identity or expression, absence of
221 disability handicap, or marital status.
222 (8) Notwithstanding any other provision of this section, it
223 is not an unlawful employment practice under ss. 760.01-760.10
224 for an employer, employment agency, labor organization, or joint
225 labor-management committee to:
226 (a) Take or fail to take any action on the basis of
227 religion, sex, pregnancy, national origin, age, sexual
228 orientation, gender identity or expression, disability handicap,
229 or marital status in those certain instances in which religion,
230 sex, condition of pregnancy, national origin, age, sexual
231 orientation, gender identity or expression, absence of a
232 particular disability handicap, or marital status is a bona fide
233 occupational qualification reasonably necessary for the
234 performance of the particular employment to which such action or
235 inaction is related.
236 (9)(a) This section does shall not apply to any religious
237 corporation, association, educational institution, or society
238 which conditions opportunities in the area of employment or
239 public accommodation to members of that religious corporation,
240 association, educational institution, or society or to persons
241 who subscribe to its tenets or beliefs.
242 (b) This section does shall not prohibit a religious
243 corporation, association, educational institution, or society
244 from giving preference in employment to individuals of a
245 particular religion to perform work connected with the carrying
246 on by such corporations, associations, educational institutions,
247 or societies of its various activities.
248 (c) This section and s. 760.08 do not limit the free
249 exercise of religion guaranteed by the United States
250 Constitution and the State Constitution.
251 (10) Each employer, employment agency, and labor
252 organization shall post and keep posted in conspicuous places
253 upon its premises a notice provided by the commission setting
254 forth such information as the commission deems appropriate to
255 effectuate the purposes of ss. 760.01-760.10.
256 Section 8. Section 509.092, Florida Statutes, is amended to
257 read:
258 509.092 Public lodging establishments and public food
259 service establishments; rights as private enterprises.—
260 (1) Public lodging establishments and public food service
261 establishments are private enterprises, and the operator has the
262 right to refuse accommodations or service to any person who is
263 objectionable or undesirable to the operator, but such refusal
264 may not be based upon race, creed, color, sex, pregnancy,
265 physical disability, sexual orientation, gender identity or
266 expression, or national origin.
267 (2) A person aggrieved by a violation of this section or a
268 violation of a rule adopted under this section has a right of
269 action pursuant to s. 760.11.
270 (3) This section does not limit the free exercise of
271 religion guaranteed by the United States Constitution and the
272 State Constitution.
273 Section 9. Section 760.22, Florida Statutes, is reordered
274 and amended to read:
275 760.22 Definitions.—As used in this part ss. 760.20-760.37,
276 the term:
277 (1) “Commission” means the Florida Commission on Human
278 Relations.
279 (2) “Covered multifamily dwelling” means:
280 (a) A building that which consists of four or more units
281 and has an elevator; or
282 (b) The ground floor units of a building that which
283 consists of four or more units and does not have an elevator.
284 (4)(3) “Discriminatory housing practice” means an act that
285 is unlawful under the terms of this part ss. 760.20-760.37.
286 (5)(4) “Dwelling” means any building or structure, or
287 portion thereof, which is occupied as, or designed or intended
288 for occupancy as, a residence by one or more families, and any
289 vacant land that which is offered for sale or lease for the
290 construction or location on the land of any such building or
291 structure, or portion thereof.
292 (6)(5) “Familial status” is established when an individual
293 who has not attained the age of 18 years is domiciled with:
294 (a) A parent or other person having legal custody of such
295 individual; or
296 (b) A designee of a parent or other person having legal
297 custody, with the written permission of such parent or other
298 person.
299 (7)(6) “Family” includes a single individual.
300 (8) “Gender identity or expression” has the same meaning as
301 provided in s. 760.02.
302 (3)(7) “Disability Handicap” means:
303 (a) A person has a physical or mental impairment that which
304 substantially limits one or more major life activities for a
305 person who has, or he or she has a record of having, or is
306 regarded as having that, such physical or mental impairment; or
307 (b) A person has a developmental disability as defined in
308 s. 393.063.
309 (9)(8) “Person” includes one or more individuals,
310 corporations, partnerships, associations, labor organizations,
311 legal representatives, mutual companies, joint-stock companies,
312 trusts, unincorporated organizations, trustees, trustees in
313 bankruptcy, receivers, and fiduciaries.
314 (10) “Sexual orientation” has the same meaning as provided
315 in s. 760.02.
316 (11)(9) “Substantially equivalent” means an administrative
317 subdivision of the State of Florida meeting the requirements of
318 24 C.F.R. part 115, s. 115.6.
319 (12)(10) “To rent” includes to lease, to sublease, to let,
320 and otherwise to grant for a consideration the right to occupy
321 premises not owned by the occupant.
322 Section 10. Subsections (1) - (5) of section 760.23,
323 Florida Statutes, are amended to read:
324 760.23 Discrimination in the sale or rental of housing and
325 other prohibited practices.—
326 (1) It is unlawful to refuse to sell or rent after the
327 making of a bona fide offer, to refuse to negotiate for the sale
328 or rental of, or otherwise to make unavailable or deny a
329 dwelling to any person because of race, color, national origin,
330 sex, sexual orientation, gender identity or expression,
331 disability handicap, familial status, or religion.
332 (2) It is unlawful to discriminate against any person in
333 the terms, conditions, or privileges of sale or rental of a
334 dwelling, or in the provision of services or facilities in
335 connection therewith, because of race, color, national origin,
336 sex, sexual orientation, gender identity or expression,
337 disability handicap, familial status, or religion.
338 (3) It is unlawful to make, print, or publish, or cause to
339 be made, printed, or published, any notice, statement, or
340 advertisement with respect to the sale or rental of a dwelling
341 that indicates any preference, limitation, or discrimination
342 based on race, color, national origin, sex, sexual orientation,
343 gender identity or expression, disability handicap, familial
344 status, or religion or an intention to make any such preference,
345 limitation, or discrimination.
346 (4) It is unlawful to represent to any person because of
347 the person’s race, color, national origin, sex, sexual
348 orientation, gender identity or expression, disability handicap,
349 familial status, or religion that any dwelling is not available
350 for inspection, sale, or rental when such dwelling is in fact so
351 available.
352 (5) It is unlawful, for profit, to induce or attempt to
353 induce any person to sell or rent any dwelling by a
354 representation regarding the entry or prospective entry into the
355 neighborhood of a person or persons of a particular race, color,
356 national origin, sex, sexual orientation, gender identity or
357 expression, disability handicap, familial status, or religion.
358 Section 11. Section 760.24, Florida Statutes, is amended to
359 read:
360 760.24 Discrimination in the provision of brokerage
361 services.—It is unlawful to deny any person access to, or
362 membership or participation in, any multiple-listing service,
363 real estate brokers’ organization, or other service,
364 organization, or facility relating to the business of selling or
365 renting dwellings, or to discriminate against him or her in the
366 terms or conditions of such access, membership, or
367 participation, because on account of race, color, national
368 origin, sex, sexual orientation, gender identity or expression,
369 disability handicap, familial status, or religion.
370 Section 12. Subsection (1) and paragraph (a) of subsection
371 (2) of section 760.25, Florida Statutes, are amended to read:
372 760.25 Discrimination in the financing of housing or in
373 residential real estate transactions.—
374 (1) It is unlawful for any bank, building and loan
375 association, insurance company, or other corporation,
376 association, firm, or enterprise the business of which consists
377 in whole or in part of the making of commercial real estate
378 loans to deny a loan or other financial assistance to a person
379 applying for the loan for the purpose of purchasing,
380 constructing, improving, repairing, or maintaining a dwelling,
381 or to discriminate against him or her in the fixing of the
382 amount, interest rate, duration, or other term or condition of
383 such loan or other financial assistance, because of the race,
384 color, national origin, sex, sexual orientation, gender identity
385 or expression, disability handicap, familial status, or religion
386 of such person or of any person associated with him or her in
387 connection with such loan or other financial assistance or the
388 purposes of such loan or other financial assistance, or because
389 of the race, color, national origin, sex, sexual orientation,
390 gender identity or expression, disability handicap, familial
391 status, or religion of the present or prospective owners,
392 lessees, tenants, or occupants of the dwelling or dwellings in
393 relation to which such loan or other financial assistance is to
394 be made or given.
395 (2)(a) It is unlawful for any person or entity whose
396 business includes engaging in residential real estate
397 transactions to discriminate against any person in making
398 available such a transaction, or in the terms or conditions of
399 such a transaction, because of race, color, national origin,
400 sex, sexual orientation, gender identity or expression,
401 disability handicap, familial status, or religion.
402 Section 13. Section 760.26, Florida Statutes, is amended to
403 read:
404 760.26 Prohibited discrimination in land use decisions and
405 in permitting of development.—It is unlawful to discriminate in
406 land use decisions or in the permitting of development based on
407 race, color, national origin, sex, sexual orientation, gender
408 identity or expression, disability, familial status, religion,
409 or, except as otherwise provided by law, the source of financing
410 of a development or proposed development.
411 Section 14. Paragraph (a) of subsection (5) of section
412 760.29, Florida Statutes, is amended to read:
413 760.29 Exemptions.—
414 (5) Nothing in ss. 760.20-760.37:
415 (a) Prohibits a person engaged in the business of
416 furnishing appraisals of real property from taking into
417 consideration factors other than race, color, national origin,
418 sex, sexual orientation, gender identity or expression,
419 disability handicap, familial status, or religion.
420 Section 15. Subsection (1) of section 760.60, Florida
421 Statutes, is amended to read:
422 760.60 Discriminatory practices of certain clubs
423 prohibited; remedies.—
424 (1) It is unlawful for a person to discriminate against any
425 individual because of race, color, religion, gender, national
426 origin, disability handicap, age above the age of 21, sexual
427 orientation, gender identity or expression, or marital status in
428 evaluating an application for membership in a club that has more
429 than 400 members, that provides regular meal service, and that
430 regularly receives payment for dues, fees, use of space,
431 facilities, services, meals, or beverages directly or indirectly
432 from nonmembers for business purposes. It is unlawful for a
433 person, on behalf of such a club, to publish, circulate, issue,
434 display, post, or mail any advertisement, notice, or
435 solicitation that contains a statement to the effect that the
436 accommodations, advantages, facilities, membership, or
437 privileges of the club are denied to any individual because of
438 race, color, religion, gender, national origin, disability
439 handicap, age above the age of 21, sexual orientation, gender
440 identity or expression, or marital status. This subsection does
441 not apply to fraternal or benevolent organizations, ethnic
442 clubs, or religious organizations where business activity is not
443 prevalent.
444 Section 16. Paragraph (e) of subsection (1) of section
445 419.001, Florida Statutes, is amended to read:
446 419.001 Site selection of community residential homes.—
447 (1) For the purposes of this section, the term:
448 (e) “Resident” means any of the following: a frail elder as
449 defined in s. 429.65; a person who has a disability handicap as
450 defined in s. 760.22(3)(a) s. 760.22(7)(a); a person who has a
451 developmental disability as defined in s. 393.063; a
452 nondangerous person who has a mental illness as defined in s.
453 394.455; or a child who is found to be dependent as defined in
454 s. 39.01 or s. 984.03, or a child in need of services as defined
455 in s. 984.03 or s. 985.03.
456 Section 17. This act shall take effect July 1, 2016.
457
458 ================= T I T L E A M E N D M E N T ================
459 And the title is amended as follows:
460 Delete everything before the enacting clause
461 and insert:
462 A bill to be entitled
463 An act relating to prohibited discrimination; creating
464 the “Florida Competitive Workforce Act”; amending s.
465 760.01, F.S.; revising provisions to include sexual
466 orientation and gender identity or expression as
467 impermissible grounds for discrimination; revising
468 terminology; amending s. 760.02, F.S.; adding
469 definitions; amending ss. 760.05, 760.07, and 760.08,
470 F.S.; adding sexual orientation and gender identity or
471 expression as impermissible grounds for
472 discrimination; conforming and revising terminology;
473 amending s. 760.10, F.S.; adding sexual orientation
474 and gender identity or expression as impermissible
475 grounds for discrimination; providing an exception for
476 constitutionally protected free exercise of religion;
477 revising terminology; amending s. 509.092, F.S.;
478 adding sexual orientation and gender identity or
479 expression as impermissible grounds for discrimination
480 in public lodging establishments and public food
481 service establishments; providing an exception for
482 constitutionally protected free exercise of religion;
483 revising terminology; amending s. 760.22, F.S.; adding
484 and revising definitions; amending ss. 760.23, 760.24,
485 760.25, 760.26, 760.29, and 760.60, F.S.; adding
486 sexual orientation and gender identity or expression
487 as impermissible grounds for discrimination; revising
488 terminology; amending s. 419.001, F.S.; conforming a
489 cross-reference; providing an effective date.