Florida Senate - 2020 SB 566
By Senator Bracy
11-00425A-20 2020566__
1 A bill to be entitled
2 An act relating to prohibited discrimination;
3 providing a short title; amending s. 420.516, F.S.;
4 providing that it is unlawful for sponsors under the
5 Florida Housing Finance Corporation Act to
6 discriminate against any person or family because of a
7 protected hairstyle; amending s. 760.01, F.S.;
8 revising the purposes of the Florida Civil Rights Act
9 of 1992 to conform to changes made by the act;
10 reordering and amending s. 760.02, F.S.; defining the
11 term “protected hairstyle”; amending s. 760.05, F.S.;
12 revising the functions of the Florida Commission on
13 Human Relations to conform to changes made by the act;
14 amending s. 760.07, F.S.; revising provisions
15 regarding remedies for unlawful discrimination to
16 conform to changes made by the act; amending s.
17 760.10, F.S.; adding protected hairstyle as
18 impermissible grounds for discrimination with respect
19 to specified unlawful employment practices; amending
20 s. 760.23, F.S.; adding protected hairstyle as
21 impermissible grounds for discrimination with respect
22 to specified unlawful practices relating to the sale
23 and rental of housing; amending s. 760.25, F.S.;
24 adding protected hairstyle as impermissible grounds
25 for discrimination with respect to specified practices
26 relating to the financing of housing and real estate
27 transactions; amending s. 1000.05, F.S.; defining the
28 term “protected hairstyle”; prohibiting discrimination
29 based on protected hairstyle in the Florida K-20
30 public education system; amending s. 1002.20, F.S.;
31 conforming a provision to changes made by the act;
32 reenacting s. 420.5087(6)(i), F.S., relating to the
33 State Apartment Incentive Loan Program, to incorporate
34 the amendments made to s. 420.516, F.S.; providing an
35 effective date.
36
37 WHEREAS, the history of our nation has been riddled with
38 laws and societal norms that equated “blackness” and its
39 associated physical traits as inferior to European physical
40 features, and
41 WHEREAS, this idea also permeates a societal understanding
42 of professionalism that was, and still is, closely linked to
43 European features and mannerisms and which entails that those
44 who do not naturally conform to Eurocentric norms must alter
45 their appearance to meet such norms and be considered
46 professional, and
47 WHEREAS, hair has been, and remains, a rampant source of
48 racial discrimination that has caused serious economic and
49 health ramifications, and
50 WHEREAS, workplace and school dress code policies that
51 prohibit natural hair, including afros, and certain hairstyles,
52 such as braids, twists, and locks, have a disparate impact on
53 black individuals as these policies are more likely to burden or
54 punish black employees and students compared to other groups,
55 and
56 WHEREAS, federal courts accept that Title VII of the Civil
57 Rights Act of 1964 prohibits discrimination based on race, and
58 therefore protects against discrimination against afros, and
59 WHEREAS, afros are not the only natural presentation of
60 black hair because black hair can also be naturally presented in
61 styles such as braids, twists, and locks, NOW, THEREFORE,
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. This act may be cited as the “Creating a
66 Respectful and Open World for Natural Hair Act” or “CROWN Act.”
67 Section 2. Section 420.516, Florida Statutes, is amended to
68 read:
69 420.516 Discrimination prohibited.—It is an unlawful
70 practice for a sponsor, while bonds are outstanding for the
71 purpose of funding or financing the sponsor’s project, to
72 discriminate against any person or family because of race,
73 color, religion, sex, national origin, protected hairstyle as
74 defined in s. 760.02, or marital status.
75 Section 3. Subsection (2) of section 760.01, Florida
76 Statutes, is amended, and subsection (1) of that section is
77 republished, to read:
78 760.01 Purposes; construction; title.—
79 (1) Sections 760.01-760.11 and 509.092 shall be cited as
80 the “Florida Civil Rights Act of 1992.”
81 (2) The general purposes of the Florida Civil Rights Act of
82 1992 are to secure for all individuals within the state freedom
83 from discrimination because of race, color, religion, sex,
84 pregnancy, national origin, age, protected hairstyle, handicap,
85 or marital status and thereby to protect their interest in
86 personal dignity, to make available to the state their full
87 productive capacities, to secure the state against domestic
88 strife and unrest, to preserve the public safety, health, and
89 general welfare, and to promote the interests, rights, and
90 privileges of individuals within the state.
91 Section 4. Section 760.02, Florida Statutes, is reordered
92 and amended to read:
93 760.02 Definitions.—For the purposes of ss. 760.01-760.11
94 and 509.092, the term:
95 (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
96 760.11 and 509.092.
97 (2) “Commission” means the Florida Commission on Human
98 Relations created by s. 760.03.
99 (3) “Commissioner” or “member” means a member of the
100 commission.
101 (4) “Discriminatory practice” means any practice made
102 unlawful by the Florida Civil Rights Act of 1992.
103 (9)(5) “National origin” includes ancestry.
104 (10)(6) “Person” includes an individual, association,
105 corporation, joint apprenticeship committee, joint-stock
106 company, labor union, legal representative, mutual company,
107 partnership, receiver, trust, trustee in bankruptcy, or
108 unincorporated organization; any other legal or commercial
109 entity; the state; or any governmental entity or agency.
110 (5)(7) “Employer” means any person employing 15 or more
111 employees for each working day in each of 20 or more calendar
112 weeks in the current or preceding calendar year, and any agent
113 of such a person.
114 (6)(8) “Employment agency” means any person regularly
115 undertaking, with or without compensation, to procure employees
116 for an employer or to procure for employees opportunities to
117 work for an employer, and includes an agent of such a person.
118 (11) “Protected hairstyle” means hair characteristics
119 historically associated with race, such as hair texture and
120 styles, including, but not limited to, braids, locks, or twists.
121 (8)(9) “Labor organization” means any organization that
122 which exists for the purpose, in whole or in part, of collective
123 bargaining or of dealing with employers concerning grievances,
124 terms or conditions of employment, or other mutual aid or
125 protection in connection with employment.
126 (1)(10) “Aggrieved person” means any person who files a
127 complaint with the Florida Commission on Human Relations
128 Commission.
129 (12)(11) “Public accommodations” means places of public
130 accommodation, lodgings, facilities principally engaged in
131 selling food for consumption on the premises, gasoline stations,
132 places of exhibition or entertainment, and other covered
133 establishments. Each of the following establishments which
134 serves the public is a place of public accommodation within the
135 meaning of this section:
136 (a) Any inn, hotel, motel, or other establishment that
137 which provides lodging to transient guests, other than an
138 establishment located within a building that which contains not
139 more than four rooms for rent or hire and that which is actually
140 occupied by the proprietor of such establishment as his or her
141 residence.
142 (b) Any restaurant, cafeteria, lunchroom, lunch counter,
143 soda fountain, or other facility principally engaged in selling
144 food for consumption on the premises, including, but not limited
145 to, any such facility located on the premises of any retail
146 establishment, or any gasoline station.
147 (c) Any motion picture theater, theater, concert hall,
148 sports arena, stadium, or other place of exhibition or
149 entertainment.
150 (d) Any establishment that which is physically located
151 within the premises of any establishment otherwise covered by
152 this subsection, or within the premises of which is physically
153 located any such covered establishment, and that which holds
154 itself out as serving patrons of such covered establishment.
155 Section 5. Section 760.05, Florida Statutes, is amended to
156 read:
157 760.05 Functions of the commission.—The commission shall
158 promote and encourage fair treatment and equal opportunity for
159 all persons regardless of race, color, religion, sex, pregnancy,
160 national origin, age, protected hairstyle, handicap, or marital
161 status and mutual understanding and respect among all members of
162 all economic, social, racial, religious, and ethnic groups; and
163 shall endeavor to eliminate discrimination against, and
164 antagonism between, religious, racial, and ethnic groups and
165 their members.
166 Section 6. Section 760.07, Florida Statutes, is amended to
167 read:
168 760.07 Remedies for unlawful discrimination.—Any violation
169 of any state law Florida statute making unlawful discrimination
170 because of race, color, religion, gender, pregnancy, national
171 origin, age, protected hairstyle, handicap, or marital status in
172 the areas of education, employment, housing, or public
173 accommodations gives rise to a cause of action for all relief
174 and damages described in s. 760.11(5), unless greater damages
175 are expressly provided for. If the statute prohibiting unlawful
176 discrimination provides an administrative remedy, the action for
177 equitable relief and damages provided for in this section may be
178 initiated only after the plaintiff has exhausted his or her
179 administrative remedy. The term “public accommodations” does not
180 include lodge halls or other similar facilities of private
181 organizations which are made available for public use
182 occasionally or periodically. The right to trial by jury is
183 preserved in any case in which the plaintiff is seeking actual
184 or punitive damages.
185 Section 7. Subsections (1) and (2), paragraphs (a) and (b)
186 of subsection (3), subsections (4), (5), and (6), paragraph (a)
187 of subsection (8), and subsection (9) of section 760.10, Florida
188 Statutes, are amended, and subsection (10) of that section is
189 republished, to read:
190 760.10 Unlawful employment practices.—
191 (1) It is an unlawful employment practice for an employer:
192 (a) To discharge or to fail or refuse to hire any
193 individual, or otherwise to discriminate against any individual
194 with respect to compensation, terms, conditions, or privileges
195 of employment, because of such individual’s race, color,
196 religion, sex, pregnancy, national origin, age, protected
197 hairstyle, handicap, or marital status.
198 (b) To limit, segregate, or classify employees or
199 applicants for employment in any way that which would deprive or
200 tend to deprive any individual of employment opportunities, or
201 adversely affect any individual’s status as an employee, because
202 of such individual’s race, color, religion, sex, pregnancy,
203 national origin, age, protected hairstyle, handicap, or marital
204 status.
205 (2) It is an unlawful employment practice for an employment
206 agency to fail or refuse to refer for employment, or otherwise
207 to discriminate against, any individual because of race, color,
208 religion, sex, pregnancy, national origin, age, protected
209 hairstyle, handicap, or marital status or to classify or refer
210 for employment any individual on the basis of race, color,
211 religion, sex, pregnancy, national origin, age, protected
212 hairstyle, handicap, or marital status.
213 (3) It is an unlawful employment practice for a labor
214 organization:
215 (a) To exclude or to expel from its membership, or
216 otherwise to discriminate against, any individual because of
217 race, color, religion, sex, pregnancy, national origin, age,
218 protected hairstyle, handicap, or marital status.
219 (b) To limit, segregate, or classify its membership or
220 applicants for membership, or to classify or fail or refuse to
221 refer for employment any individual, in any way that would
222 deprive or tend to deprive any individual of employment
223 opportunities, or adversely affect any individual’s status as an
224 employee or as an applicant for employment, because of such
225 individual’s race, color, religion, sex, pregnancy, national
226 origin, age, protected hairstyle, handicap, or marital status.
227 (4) It is an unlawful employment practice for any employer,
228 labor organization, or joint labor-management committee
229 controlling apprenticeship or other training or retraining,
230 including on-the-job training programs, to discriminate against
231 any individual because of race, color, religion, sex, pregnancy,
232 national origin, age, protected hairstyle, handicap, or marital
233 status in admission to, or employment in, any program
234 established to provide apprenticeship or other training.
235 (5) Whenever, in order to engage in a profession,
236 occupation, or trade, it is required that a person receive a
237 license, certification, or other credential;, become a member or
238 an associate of any club, association, or other organization;,
239 or pass any examination, it is an unlawful employment practice
240 for any person to discriminate against any other person seeking
241 such license, certification, or other credential;, seeking to
242 become a member or associate of such club, association, or other
243 organization;, or seeking to take or pass such examination,
244 because of such other person’s race, color, religion, sex,
245 pregnancy, national origin, age, protected hairstyle, handicap,
246 or marital status.
247 (6) It is an unlawful employment practice for an employer,
248 a labor organization, an employment agency, or a joint labor
249 management committee to print, or cause to be printed or
250 published, any notice or advertisement relating to employment,
251 membership, classification, referral for employment, or
252 apprenticeship or other training which indicates, indicating any
253 preference, limitation, specification, or discrimination, based
254 on race, color, religion, sex, pregnancy, national origin, age,
255 protected hairstyle, absence of handicap, or marital status.
256 (8) Notwithstanding any other provision of this section, it
257 is not an unlawful employment practice under ss. 760.01-760.10
258 for an employer, employment agency, labor organization, or joint
259 labor-management committee to:
260 (a) Take or fail to take any action on the basis of
261 religion, sex, pregnancy, national origin, age, protected
262 hairstyle, handicap, or marital status in those certain
263 instances in which religion, sex, condition of pregnancy,
264 national origin, age, protected hairstyle, absence of a
265 particular handicap, or marital status is a bona fide
266 occupational qualification reasonably necessary for the
267 performance of the particular employment to which such action or
268 inaction is related.
269 (9)(a) This section does shall not apply to any religious
270 corporation, association, educational institution, or society
271 that which conditions opportunities in the area of employment or
272 public accommodation to members of that religious corporation,
273 association, educational institution, or society or to persons
274 who subscribe to its tenets or beliefs.
275 (b) This section does shall not prohibit a religious
276 corporation, association, educational institution, or society
277 from giving preference in employment to individuals of a
278 particular religion to perform work connected with the carrying
279 on by such corporations, associations, educational institutions,
280 or societies of its various activities.
281 (10) Each employer, employment agency, and labor
282 organization shall post and keep posted in conspicuous places
283 upon its premises a notice provided by the commission setting
284 forth such information as the commission deems appropriate to
285 effectuate the purposes of ss. 760.01-760.10.
286 Section 8. Subsections (1) through (5) of section 760.23,
287 Florida Statutes, are amended to read:
288 760.23 Discrimination in the sale or rental of housing and
289 other prohibited practices.—
290 (1) It is unlawful to refuse to sell or rent after the
291 making of a bona fide offer, to refuse to negotiate for the sale
292 or rental of, or otherwise to make unavailable or deny a
293 dwelling to any person because of race, color, national origin,
294 sex, handicap, familial status, protected hairstyle as defined
295 in s. 760.02, or religion.
296 (2) It is unlawful to discriminate against any person in
297 the terms, conditions, or privileges of sale or rental of a
298 dwelling, or in the provision of services or facilities in
299 connection therewith, because of race, color, national origin,
300 sex, handicap, familial status, protected hairstyle as defined
301 in s. 760.02, or religion.
302 (3) It is unlawful to make, print, or publish, or cause to
303 be made, printed, or published, any notice, statement, or
304 advertisement with respect to the sale or rental of a dwelling
305 which that indicates any preference, limitation, or
306 discrimination based on race, color, national origin, sex,
307 handicap, familial status, protected hairstyle as defined in s.
308 760.02, or religion or an intention to make any such preference,
309 limitation, or discrimination.
310 (4) It is unlawful to represent to any person because of
311 race, color, national origin, sex, handicap, familial status,
312 protected hairstyle as defined in s. 760.02, or religion that
313 any dwelling is not available for inspection, sale, or rental
314 when such dwelling is in fact so available.
315 (5) It is unlawful, for profit, to induce or attempt to
316 induce any person to sell or rent any dwelling by a
317 representation regarding the entry or prospective entry into the
318 neighborhood of a person or persons of a particular race, color,
319 national origin, sex, handicap, familial status, protected
320 hairstyle as defined in s. 760.02, or religion.
321 Section 9. Section 760.25, Florida Statutes, is amended to
322 read:
323 760.25 Discrimination in the financing of housing or in
324 residential real estate transactions.—
325 (1) It is unlawful for any bank, building and loan
326 association, insurance company, or other corporation,
327 association, firm, or enterprise the business of which consists
328 in whole or in part of the making of commercial real estate
329 loans to deny a loan or other financial assistance to a person
330 applying for the loan for the purpose of purchasing,
331 constructing, improving, repairing, or maintaining a dwelling,
332 or to discriminate against him or her in the fixing of the
333 amount, interest rate, duration, or other term or condition of
334 such loan or other financial assistance, because of the race,
335 color, national origin, sex, handicap, familial status,
336 protected hairstyle as defined in s. 760.02, or religion of such
337 person or of any person associated with him or her in connection
338 with such loan or other financial assistance or the purposes of
339 such loan or other financial assistance, or because of the race,
340 color, national origin, sex, handicap, familial status,
341 protected hairstyle as defined in s. 760.02, or religion of the
342 present or prospective owners, lessees, tenants, or occupants of
343 the dwelling or dwellings in relation to which such loan or
344 other financial assistance is to be made or given.
345 (2)(a) It is unlawful for any person or entity whose
346 business includes engaging in residential real estate
347 transactions to discriminate against any person in making
348 available such a transaction, or in the terms or conditions of
349 such a transaction, because of race, color, national origin,
350 sex, handicap, familial status, protected hairstyle as defined
351 in s. 760.02, or religion.
352 (b) As used in this subsection, the term “residential real
353 estate transaction” means any of the following:
354 1. The making or purchasing of loans or providing other
355 financial assistance:
356 a. For purchasing, constructing, improving, repairing, or
357 maintaining a dwelling; or
358 b. Secured by residential real estate.
359 2. The selling, brokering, or appraising of residential
360 real property.
361 Section 10. Subsection (2) of section 1000.05, Florida
362 Statutes, is amended to read:
363 1000.05 Discrimination against students and employees in
364 the Florida K-20 public education system prohibited; equality of
365 access required.—
366 (2)(a) As used in this section, the term “protected
367 hairstyle” has the same meaning as in s. 760.02.
368 (b) Discrimination on the basis of race, ethnicity,
369 protected hairstyle, national origin, gender, disability,
370 religion, or marital status against a student or an employee in
371 the state system of public K-20 education is prohibited. No
372 person in this state shall, on the basis of race, ethnicity,
373 protected hairstyle, national origin, gender, disability,
374 religion, or marital status, be excluded from participation in,
375 be denied the benefits of, or be subjected to discrimination
376 under any public K-20 education program or activity, or in any
377 employment conditions or practices, conducted by a public
378 educational institution that receives or benefits from federal
379 or state financial assistance.
380 (c)(b) The criteria for admission to a program or course
381 shall not have the effect of restricting access by persons of a
382 particular race, ethnicity, protected hairstyle, national
383 origin, gender, disability, religion, or marital status.
384 (d)(c) All public K-20 education classes shall be available
385 to all students without regard to race, ethnicity, protected
386 hairstyle, national origin, gender, disability, religion, or
387 marital status; however, this is not intended to eliminate the
388 provision of programs designed to meet the needs of students
389 with limited proficiency in English, gifted students, or
390 students with disabilities or programs tailored to students with
391 specialized talents or skills.
392 (e)(d) Students may be separated by gender for a single
393 gender program as provided under s. 1002.311, for any portion of
394 a class that deals with human reproduction, or during
395 participation in bodily contact sports. For the purpose of this
396 section, bodily contact sports include wrestling, boxing, rugby,
397 ice hockey, football, basketball, and other sports in which the
398 purpose or major activity involves bodily contact.
399 (f)(e) Guidance services, counseling services, and
400 financial assistance services in the state public K-20 education
401 system shall be available to students equally. Guidance and
402 counseling services, materials, and promotional events shall
403 stress access to academic and career opportunities for students
404 without regard to race, ethnicity, protected hairstyle, national
405 origin, gender, disability, religion, or marital status.
406 Section 11. Subsection (7) of section 1002.20, Florida
407 Statutes, is amended to read:
408 1002.20 K-12 student and parent rights.—Parents of public
409 school students must receive accurate and timely information
410 regarding their child’s academic progress and must be informed
411 of ways they can help their child to succeed in school. K-12
412 students and their parents are afforded numerous statutory
413 rights including, but not limited to, the following:
414 (7) NONDISCRIMINATION.—All education programs, activities,
415 and opportunities offered by public educational institutions
416 must be made available without discrimination on the basis of
417 race, ethnicity, protected hairstyle as defined in s. 1000.05,
418 national origin, gender, disability, religion, or marital
419 status, in accordance with the provisions of s. 1000.05.
420 Section 12. For the purpose of incorporating the amendment
421 made by this act to section 420.516, Florida Statutes, in a
422 reference thereto, paragraph (i) of subsection (6) of section
423 420.5087, Florida Statutes, is reenacted to read:
424 420.5087 State Apartment Incentive Loan Program.—There is
425 hereby created the State Apartment Incentive Loan Program for
426 the purpose of providing first, second, or other subordinated
427 mortgage loans or loan guarantees to sponsors, including for
428 profit, nonprofit, and public entities, to provide housing
429 affordable to very-low-income persons.
430 (6) On all state apartment incentive loans, except loans
431 made to housing communities for the elderly to provide for
432 lifesafety, building preservation, health, sanitation, or
433 security-related repairs or improvements, the following
434 provisions shall apply:
435 (i) The discrimination provisions of s. 420.516 shall apply
436 to all loans.
437 Section 13. This act shall take effect July 1, 2020.