Florida Senate - 2020                                      SB 34
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00099-20                                             202034__
    1                        A bill to be entitled                      
    2         An act relating to prohibited discrimination;
    3         providing a short title; amending s. 509.092, F.S.;
    4         adding sexual orientation and gender identity as
    5         impermissible grounds for discrimination in public
    6         lodging establishments and public food service
    7         establishments; providing an exception for
    8         constitutionally protected free exercise of religion;
    9         amending s. 760.01, F.S.; revising the purposes of the
   10         Florida Civil Rights Act of 1992 to conform to changes
   11         made by the act; reordering and amending s. 760.02,
   12         F.S.; defining the terms “gender identity” and “sexual
   13         orientation”; amending s. 760.05, F.S.; revising the
   14         functions of the Florida Commission on Human Relations
   15         to conform to changes made by the act; amending s.
   16         760.07, F.S.; revising provisions regarding remedies
   17         for unlawful discrimination to include discrimination
   18         based on sexual orientation and gender identity to
   19         conform to changes made by the act; amending s.
   20         760.08, F.S.; adding sexual orientation and gender
   21         identity as impermissible grounds for discrimination
   22         in places of public accommodation; amending s. 760.10,
   23         F.S.; adding sexual orientation and gender identity as
   24         impermissible grounds for discrimination with respect
   25         to specified unlawful employment practices; providing
   26         an exception for constitutionally protected free
   27         exercise of religion; amending s. 760.22, F.S.;
   28         defining the terms “gender identity” and “sexual
   29         orientation” for purposes of the Fair Housing Act;
   30         amending ss. 760.23, 760.24, 760.25, and 760.26, F.S.;
   31         adding sexual orientation and gender identity as
   32         impermissible grounds for discrimination with respect
   33         to the sale or rental of housing, the provision of
   34         brokerage services, the financing of housing or in
   35         residential real estate transactions, and land use
   36         decisions or permitting of development, respectively;
   37         amending s. 760.29, F.S.; revising an exemption from
   38         the Fair Housing Act regarding the appraisal of real
   39         property to conform to changes made by the act;
   40         amending s. 760.60, F.S.; adding sexual orientation
   41         and gender identity as impermissible grounds for
   42         discrimination with respect to practices of certain
   43         clubs; amending s. 419.001, F.S.; conforming a cross
   44         reference; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. This act may be cited as the “Florida
   49  Competitive Workforce Act.”
   50         Section 2. Section 509.092, Florida Statutes, is amended to
   51  read:
   52         509.092 Public lodging establishments and public food
   53  service establishments; rights as private enterprises.—
   54         (1) Public lodging establishments and public food service
   55  establishments are private enterprises, and the operator has the
   56  right to refuse accommodations or service to any person who is
   57  objectionable or undesirable to the operator, but such refusal
   58  may not be based upon race, creed, color, sex, pregnancy,
   59  physical disability, sexual orientation, gender identity, or
   60  national origin.
   61         (2) A person aggrieved by a violation of this section or a
   62  violation of a rule adopted under this section has a right of
   63  action pursuant to s. 760.11.
   64         (3) This section does not limit the free exercise of
   65  religion guaranteed by the United States Constitution and the
   66  State Constitution.
   67         Section 3. Subsection (1) of section 760.01, Florida
   68  Statutes, is republished, and subsection (2) of that section is
   69  amended, to read:
   70         760.01 Purposes; construction; title.—
   71         (1) Sections 760.01-760.11 and 509.092 shall be cited as
   72  the “Florida Civil Rights Act of 1992.”
   73         (2) The general purposes of the Florida Civil Rights Act of
   74  1992 are to secure for all individuals within the state freedom
   75  from discrimination because of race, color, religion, sex,
   76  pregnancy, national origin, age, sexual orientation, gender
   77  identity, handicap, or marital status and thereby to protect
   78  their interest in personal dignity, to make available to the
   79  state their full productive capacities, to secure the state
   80  against domestic strife and unrest, to preserve the public
   81  safety, health, and general welfare, and to promote the
   82  interests, rights, and privileges of individuals within the
   83  state.
   84         Section 4. Section 760.02, Florida Statutes, is reordered
   85  and amended to read:
   86         760.02 Definitions.—For the purposes of ss. 760.01-760.11
   87  and 509.092, the term:
   88         (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
   89  760.11 and 509.092.
   90         (2) “Commission” means the Florida Commission on Human
   91  Relations created by s. 760.03.
   92         (3) “Commissioner” or “member” means a member of the
   93  commission.
   94         (4) “Discriminatory practice” means any practice made
   95  unlawful by the Florida Civil Rights Act of 1992.
   96         (10)(5) “National origin” includes ancestry.
   97         (11)(6) “Person” includes an individual, association,
   98  corporation, joint apprenticeship committee, joint-stock
   99  company, labor union, legal representative, mutual company,
  100  partnership, receiver, trust, trustee in bankruptcy, or
  101  unincorporated organization; any other legal or commercial
  102  entity; the state; or any governmental entity or agency.
  103         (5)(7) “Employer” means any person employing 15 or more
  104  employees for each working day in each of 20 or more calendar
  105  weeks in the current or preceding calendar year, and any agent
  106  of such a person.
  107         (6)(8) “Employment agency” means any person regularly
  108  undertaking, with or without compensation, to procure employees
  109  for an employer or to procure for employees opportunities to
  110  work for an employer, and includes an agent of such a person.
  111         (8) “Gender identity” means gender-related identity,
  112  appearance, or behavior, regardless of whether such gender
  113  related identity, appearance, or behavior is different from that
  114  traditionally associated with the person’s physiology or
  115  assigned sex at birth, which can be shown by the person
  116  providing evidence, including, but not limited to:
  117         (a) Medical history, care, or treatment of the gender
  118  related identity;
  119         (b) Consistent and uniform assertion of the gender-related
  120  identity; or
  121         (c) Other evidence that the gender-related identity is a
  122  sincerely held part of the person’s core identity and is not
  123  being asserted for an improper purpose.
  124         (9) “Labor organization” means any organization that which
  125  exists for the purpose, in whole or in part, of collective
  126  bargaining or of dealing with employers concerning grievances,
  127  terms or conditions of employment, or other mutual aid or
  128  protection in connection with employment.
  129         (1)(10) “Aggrieved person” means any person who files a
  130  complaint with the Human Relations commission.
  131         (12)(11) “Public accommodations” means places of public
  132  accommodation, lodgings, facilities principally engaged in
  133  selling food for consumption on the premises, gasoline stations,
  134  places of exhibition or entertainment, and other covered
  135  establishments. Each of the following establishments which
  136  serves the public is a place of public accommodation within the
  137  meaning of this section:
  138         (a) Any inn, hotel, motel, or other establishment that
  139  which provides lodging to transient guests, other than an
  140  establishment located within a building that which contains not
  141  more than four rooms for rent or hire and that which is actually
  142  occupied by the proprietor of such establishment as his or her
  143  residence.
  144         (b) Any restaurant, cafeteria, lunchroom, lunch counter,
  145  soda fountain, or other facility principally engaged in selling
  146  food for consumption on the premises, including, but not limited
  147  to, any such facility located on the premises of any retail
  148  establishment, or any gasoline station.
  149         (c) Any motion picture theater, theater, concert hall,
  150  sports arena, stadium, or other place of exhibition or
  151  entertainment.
  152         (d) Any establishment that which is physically located
  153  within the premises of any establishment otherwise covered by
  154  this subsection, or within the premises of which is physically
  155  located any such covered establishment, and that which holds
  156  itself out as serving patrons of such covered establishment.
  157         (13) “Sexual orientation” means an individual’s
  158  heterosexuality, homosexuality, or bisexuality.
  159         Section 5. Section 760.05, Florida Statutes, is amended to
  160  read:
  161         760.05 Functions of the commission.—The commission shall
  162  promote and encourage fair treatment and equal opportunity for
  163  all persons regardless of race, color, religion, sex, pregnancy,
  164  national origin, age, sexual orientation, gender identity,
  165  handicap, or marital status and mutual understanding and respect
  166  among all members of society. The commission all economic,
  167  social, racial, religious, and ethnic groups; and shall endeavor
  168  to eliminate discrimination against, and antagonism between,
  169  persons on the basis of race, color, religion, sex, pregnancy,
  170  national origin, age, sexual orientation, gender identity,
  171  handicap, or marital status religious, racial, and ethnic groups
  172  and their members.
  173         Section 6. Section 760.07, Florida Statutes, is amended to
  174  read:
  175         760.07 Remedies for unlawful discrimination.—Any violation
  176  of any state law Florida statute making unlawful discrimination
  177  because of race, color, religion, gender, pregnancy, national
  178  origin, age, sexual orientation, gender identity, handicap, or
  179  marital status in the areas of education, employment, housing,
  180  or public accommodations gives rise to a cause of action for all
  181  relief and damages described in s. 760.11(5), unless greater
  182  damages are expressly provided for. If the statute prohibiting
  183  unlawful discrimination provides an administrative remedy, the
  184  action for equitable relief and damages provided for in this
  185  section may be initiated only after the plaintiff has exhausted
  186  his or her administrative remedy. The term “public
  187  accommodations” does not include lodge halls or other similar
  188  facilities of private organizations which are made available for
  189  public use occasionally or periodically. The right to trial by
  190  jury is preserved in any case in which the plaintiff is seeking
  191  actual or punitive damages.
  192         Section 7. Section 760.08, Florida Statutes, is amended to
  193  read:
  194         760.08 Discrimination in places of public accommodation.
  195  All persons are entitled to the full and equal enjoyment of the
  196  goods, services, facilities, privileges, advantages, and
  197  accommodations of any place of public accommodation without
  198  discrimination or segregation on the ground of race, color,
  199  national origin, sex, sexual orientation, gender identity,
  200  pregnancy, handicap, familial status, or religion.
  201         Section 8. Subsections (1) and (2), paragraphs (a) and (b)
  202  of subsection (3), subsections (4), (5), and (6), paragraph (a)
  203  of subsection (8), and subsection (9) of section 760.10, Florida
  204  Statutes, are amended, and subsection (10) of that section is
  205  republished, to read:
  206         760.10 Unlawful employment practices.—
  207         (1) It is an unlawful employment practice for an employer:
  208         (a) To discharge or to fail or refuse to hire any
  209  individual, or otherwise to discriminate against any individual
  210  with respect to compensation, terms, conditions, or privileges
  211  of employment, because of such individual’s race, color,
  212  religion, sex, pregnancy, national origin, age, sexual
  213  orientation, gender identity, handicap, or marital status.
  214         (b) To limit, segregate, or classify employees or
  215  applicants for employment in any way that which would deprive or
  216  tend to deprive any individual of employment opportunities, or
  217  adversely affect any individual’s status as an employee, because
  218  of such individual’s race, color, religion, sex, pregnancy,
  219  national origin, age, sexual orientation, gender identity,
  220  handicap, or marital status.
  221         (2) It is an unlawful employment practice for an employment
  222  agency to fail or refuse to refer for employment, or otherwise
  223  to discriminate against, any individual because of race, color,
  224  religion, sex, pregnancy, national origin, age, sexual
  225  orientation, gender identity, handicap, or marital status or to
  226  classify or refer for employment any individual on the basis of
  227  race, color, religion, sex, pregnancy, national origin, age,
  228  sexual orientation, gender identity, handicap, or marital
  229  status.
  230         (3) It is an unlawful employment practice for a labor
  231  organization:
  232         (a) To exclude or to expel from its membership, or
  233  otherwise to discriminate against, any individual because of
  234  race, color, religion, sex, pregnancy, national origin, age,
  235  sexual orientation, gender identity, handicap, or marital
  236  status.
  237         (b) To limit, segregate, or classify its membership or
  238  applicants for membership, or to classify or fail or refuse to
  239  refer for employment any individual, in any way that would
  240  deprive or tend to deprive any individual of employment
  241  opportunities, or adversely affect any individual’s status as an
  242  employee or as an applicant for employment, because of such
  243  individual’s race, color, religion, sex, pregnancy, national
  244  origin, age, sexual orientation, gender identity, handicap, or
  245  marital status.
  246         (4) It is an unlawful employment practice for any employer,
  247  labor organization, or joint labor-management committee
  248  controlling apprenticeship or other training or retraining,
  249  including on-the-job training programs, to discriminate against
  250  any individual because of race, color, religion, sex, pregnancy,
  251  national origin, age, sexual orientation, gender identity,
  252  handicap, or marital status in admission to, or employment in,
  253  any program established to provide apprenticeship or other
  254  training.
  255         (5) Whenever, in order to engage in a profession,
  256  occupation, or trade, it is required that a person receive a
  257  license, certification, or other credential;, become a member or
  258  an associate of any club, association, or other organization;,
  259  or pass any examination, it is an unlawful employment practice
  260  for any person to discriminate against any other person seeking
  261  such license, certification, or other credential;, seeking to
  262  become a member or associate of such club, association, or other
  263  organization;, or seeking to take or pass such examination,
  264  because of such other person’s race, color, religion, sex,
  265  pregnancy, national origin, age, sexual orientation, gender
  266  identity, handicap, or marital status.
  267         (6) It is an unlawful employment practice for an employer,
  268  a labor organization, an employment agency, or a joint labor
  269  management committee to print, or cause to be printed or
  270  published, any notice or advertisement relating to employment,
  271  membership, classification, referral for employment, or
  272  apprenticeship or other training which indicates, indicating any
  273  preference, limitation, specification, or discrimination, based
  274  on race, color, religion, sex, pregnancy, national origin, age,
  275  sexual orientation, gender identity, absence of handicap, or
  276  marital status.
  277         (8) Notwithstanding any other provision of this section, it
  278  is not an unlawful employment practice under ss. 760.01-760.10
  279  for an employer, employment agency, labor organization, or joint
  280  labor-management committee to:
  281         (a) Take or fail to take any action on the basis of
  282  religion, sex, pregnancy, national origin, age, sexual
  283  orientation, gender identity, handicap, or marital status in
  284  those certain instances in which religion, sex, condition of
  285  pregnancy, national origin, age, sexual orientation, gender
  286  identity, absence of a particular handicap, or marital status is
  287  a bona fide occupational qualification reasonably necessary for
  288  the performance of the particular employment to which such
  289  action or inaction is related.
  290         (9)(a) This section does shall not apply to any religious
  291  corporation, association, educational institution, or society
  292  that which conditions opportunities in the area of employment or
  293  public accommodation to members of that religious corporation,
  294  association, educational institution, or society or to persons
  295  who subscribe to its tenets or beliefs.
  296         (b) This section does shall not prohibit a religious
  297  corporation, association, educational institution, or society
  298  from giving preference in employment to individuals of a
  299  particular religion to perform work connected with the carrying
  300  on by such corporations, associations, educational institutions,
  301  or societies of its various activities.
  302         (c) This section and s. 760.08 do not limit the free
  303  exercise of religion guaranteed by the United States
  304  Constitution and the State Constitution.
  305         (10) Each employer, employment agency, and labor
  306  organization shall post and keep posted in conspicuous places
  307  upon its premises a notice provided by the commission setting
  308  forth such information as the commission deems appropriate to
  309  effectuate the purposes of ss. 760.01-760.10.
  310         Section 9. Section 760.22, Florida Statutes, is amended to
  311  read:
  312         760.22 Definitions.—As used in ss. 760.20-760.37, the term:
  313         (1) “Commission” means the Florida Commission on Human
  314  Relations.
  315         (2) “Covered multifamily dwelling” means:
  316         (a) A building that which consists of four or more units
  317  and has an elevator; or
  318         (b) The ground floor units of a building that which
  319  consists of four or more units and does not have an elevator.
  320         (3) “Discriminatory housing practice” means an act that is
  321  unlawful under the terms of ss. 760.20-760.37.
  322         (4) “Dwelling” means any building or structure, or portion
  323  thereof, which is occupied as, or designed or intended for
  324  occupancy as, a residence by one or more families, and any
  325  vacant land that which is offered for sale or lease for the
  326  construction or location on the land of any such building or
  327  structure, or portion thereof.
  328         (5) “Familial status” is established when an individual who
  329  has not attained the age of 18 years is domiciled with:
  330         (a) A parent or other person having legal custody of such
  331  individual; or
  332         (b) A designee of a parent or other person having legal
  333  custody, with the written permission of such parent or other
  334  person.
  335         (6) “Family” includes a single individual.
  336         (7) “Gender identity” has the same meaning as provided in
  337  s. 760.02.
  338         (8)(7) “Handicap” means:
  339         (a) A person has a physical or mental impairment that which
  340  substantially limits one or more major life activities of a
  341  person who has, or he or she has a record of having, or is
  342  regarded as having that, such physical or mental impairment; or
  343         (b) A person has a developmental disability as defined in
  344  s. 393.063.
  345         (9)(8) “Person” includes one or more individuals,
  346  corporations, partnerships, associations, labor organizations,
  347  legal representatives, mutual companies, joint-stock companies,
  348  trusts, unincorporated organizations, trustees, trustees in
  349  bankruptcy, receivers, and fiduciaries.
  350         (10) “Sexual orientation” has the same meaning as provided
  351  in s. 760.02.
  352         (11)(9) “Substantially equivalent” means an administrative
  353  subdivision of the State of Florida meeting the requirements of
  354  24 C.F.R. part 115, s. 115.6.
  355         (12)(10) “To rent” includes to lease, to sublease, to let,
  356  and otherwise to grant for a consideration the right to occupy
  357  premises not owned by the occupant.
  358         Section 10. Subsections (1) through (5) of section 760.23,
  359  Florida Statutes, are amended to read:
  360         760.23 Discrimination in the sale or rental of housing and
  361  other prohibited practices.—
  362         (1) It is unlawful to refuse to sell or rent after the
  363  making of a bona fide offer, to refuse to negotiate for the sale
  364  or rental of, or otherwise to make unavailable or deny a
  365  dwelling to any person because of race, color, national origin,
  366  sex, sexual orientation, gender identity, handicap, familial
  367  status, or religion.
  368         (2) It is unlawful to discriminate against any person in
  369  the terms, conditions, or privileges of sale or rental of a
  370  dwelling, or in the provision of services or facilities in
  371  connection therewith, because of race, color, national origin,
  372  sex, sexual orientation, gender identity, handicap, familial
  373  status, or religion.
  374         (3) It is unlawful to make, print, or publish, or cause to
  375  be made, printed, or published, any notice, statement, or
  376  advertisement with respect to the sale or rental of a dwelling
  377  that indicates any preference, limitation, or discrimination
  378  based on race, color, national origin, sex, sexual orientation,
  379  gender identity, handicap, familial status, or religion or an
  380  intention to make any such preference, limitation, or
  381  discrimination.
  382         (4) It is unlawful to represent to any person because of
  383  race, color, national origin, sex, sexual orientation, gender
  384  identity, handicap, familial status, or religion that any
  385  dwelling is not available for inspection, sale, or rental when
  386  such dwelling is in fact so available.
  387         (5) It is unlawful, for profit, to induce or attempt to
  388  induce any person to sell or rent any dwelling by a
  389  representation regarding the entry or prospective entry into the
  390  neighborhood of a person or persons of a particular race, color,
  391  national origin, sex, sexual orientation, gender identity,
  392  handicap, familial status, or religion.
  393         Section 11. Section 760.24, Florida Statutes, is amended to
  394  read:
  395         760.24 Discrimination in the provision of brokerage
  396  services.—It is unlawful to deny any person access to, or
  397  membership or participation in, any multiple-listing service,
  398  real estate brokers’ organization, or other service,
  399  organization, or facility relating to the business of selling or
  400  renting dwellings, or to discriminate against him or her in the
  401  terms or conditions of such access, membership, or
  402  participation, because on account of race, color, national
  403  origin, sex, sexual orientation, gender identity, handicap,
  404  familial status, or religion.
  405         Section 12. Subsection (1) and paragraph (a) of subsection
  406  (2) of section 760.25, Florida Statutes, are amended to read:
  407         760.25 Discrimination in the financing of housing or in
  408  residential real estate transactions.—
  409         (1) It is unlawful for any bank, building and loan
  410  association, insurance company, or other corporation,
  411  association, firm, or enterprise the business of which consists
  412  in whole or in part of the making of commercial real estate
  413  loans to deny a loan or other financial assistance to a person
  414  applying for the loan for the purpose of purchasing,
  415  constructing, improving, repairing, or maintaining a dwelling,
  416  or to discriminate against him or her in the fixing of the
  417  amount, interest rate, duration, or other term or condition of
  418  such loan or other financial assistance, because of the race,
  419  color, national origin, sex, sexual orientation, gender
  420  identity, handicap, familial status, or religion of such person
  421  or of any person associated with him or her in connection with
  422  such loan or other financial assistance or the purposes of such
  423  loan or other financial assistance, or because of the race,
  424  color, national origin, sex, sexual orientation, gender
  425  identity, handicap, familial status, or religion of the present
  426  or prospective owners, lessees, tenants, or occupants of the
  427  dwelling or dwellings in relation to which such loan or other
  428  financial assistance is to be made or given.
  429         (2)(a) It is unlawful for any person or entity whose
  430  business includes engaging in residential real estate
  431  transactions to discriminate against any person in making
  432  available such a transaction, or in the terms or conditions of
  433  such a transaction, because of race, color, national origin,
  434  sex, sexual orientation, gender identity, handicap, familial
  435  status, or religion.
  436         Section 13. Section 760.26, Florida Statutes, is amended to
  437  read:
  438         760.26 Prohibited discrimination in land use decisions and
  439  in permitting of development.—It is unlawful to discriminate in
  440  land use decisions or in the permitting of development based on
  441  race, color, national origin, sex, sexual orientation, gender
  442  identity, disability, familial status, religion, or, except as
  443  otherwise provided by law, the source of financing of a
  444  development or proposed development.
  445         Section 14. Paragraph (a) of subsection (5) of section
  446  760.29, Florida Statutes, is amended to read:
  447         760.29 Exemptions.—
  448         (5) Nothing in ss. 760.20-760.37:
  449         (a) Prohibits a person engaged in the business of
  450  furnishing appraisals of real property from taking into
  451  consideration factors other than race, color, national origin,
  452  sex, sexual orientation, gender identity, handicap, familial
  453  status, or religion.
  454         Section 15. Subsection (1) of section 760.60, Florida
  455  Statutes, is amended to read:
  456         760.60 Discriminatory practices of certain clubs
  457  prohibited; remedies.—
  458         (1) It is unlawful for a person to discriminate against any
  459  individual because of race, color, religion, gender, national
  460  origin, handicap, age above the age of 21, sexual orientation,
  461  gender identity, or marital status in evaluating an application
  462  for membership in a club that has more than 400 members, that
  463  provides regular meal service, and that regularly receives
  464  payment for dues, fees, use of space, facilities, services,
  465  meals, or beverages directly or indirectly from nonmembers for
  466  business purposes. It is unlawful for a person, on behalf of
  467  such a club, to publish, circulate, issue, display, post, or
  468  mail any advertisement, notice, or solicitation that contains a
  469  statement to the effect that the accommodations, advantages,
  470  facilities, membership, or privileges of the club are denied to
  471  any individual because of race, color, religion, gender,
  472  national origin, handicap, age above the age of 21, sexual
  473  orientation, gender identity, or marital status. This subsection
  474  does not apply to fraternal or benevolent organizations, ethnic
  475  clubs, or religious organizations where business activity is not
  476  prevalent.
  477         Section 16. Paragraph (e) of subsection (1) of section
  478  419.001, Florida Statutes, is amended to read:
  479         419.001 Site selection of community residential homes.—
  480         (1) For the purposes of this section, the term:
  481         (e) “Resident” means any of the following: a frail elder as
  482  defined in s. 429.65; a person who has a handicap as defined in
  483  s. 760.22(8)(a) s. 760.22(7)(a); a person who has a
  484  developmental disability as defined in s. 393.063; a
  485  nondangerous person who has a mental illness as defined in s.
  486  394.455; or a child who is found to be dependent as defined in
  487  s. 39.01 or s. 984.03, or a child in need of services as defined
  488  in s. 984.03 or s. 985.03.
  489         Section 17. This act shall take effect July 1, 2020.