Florida Senate - 2021 SB 476
By Senator Bracy
11-00088-21 2021476__
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
7 traits historically associated with race; amending s.
8 760.02, F.S.; defining the terms “protective
9 hairstyle” and “race”; amending s. 1000.21, F.S.;
10 defining the terms “protective hairstyle” and “race”;
11 reenacting s. 420.5087(6)(i), F.S., relating to the
12 State Apartment Incentive Loan Program, to incorporate
13 the amendment made to s. 420.516, F.S., in a reference
14 thereto; providing an effective date.
15
16 WHEREAS, the history of our nation has been riddled with
17 laws and societal norms that equated “blackness” and its
18 associated physical traits as inferior to European physical
19 features, and
20 WHEREAS, this idea also permeates a societal understanding
21 of professionalism that was, and still is, closely linked to
22 European features and mannerisms and which entails that those
23 who do not naturally conform to Eurocentric norms must alter
24 their appearance to meet such norms and be considered
25 professional, and
26 WHEREAS, hair has been, and remains, a rampant source of
27 racial discrimination that has caused serious economic and
28 health ramifications, and
29 WHEREAS, workplace and school dress code policies that
30 prohibit natural hair, including afros, and certain hairstyles,
31 such as braids, twists, and locks, have a disparate impact on
32 black individuals, as these policies are more likely to burden
33 or punish black employees and students compared to other groups,
34 and
35 WHEREAS, federal courts accept that Title VII of the Civil
36 Rights Act of 1964 prohibits discrimination based on race, and
37 therefore protects against discrimination against afros, and
38 WHEREAS, afros are not the only natural presentation of
39 black hair, because black hair can also be naturally presented
40 in styles such as braids, twists, and locks, NOW, THEREFORE,
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. This act may be cited as the “Creating a
45 Respectful and Open World for Natural Hair Act,” or “CROWN Act.”
46 Section 2. Section 420.516, Florida Statutes, is amended to
47 read:
48 420.516 Discrimination prohibited.—It is an unlawful
49 practice for a sponsor, while bonds are outstanding for the
50 purpose of funding or financing the sponsor’s project, to
51 discriminate against any person or family because of race as
52 defined in s. 760.02, color, religion, sex, national origin, or
53 marital status.
54 Section 3. Section 760.02, Florida Statutes, is amended to
55 read:
56 760.02 Definitions.—For the purposes of ss. 509.092,
57 760.01-760.11, 760.23, and 760.25 ss. 760.01-760.11 and 509.092,
58 the term:
59 (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
60 760.11 and 509.092.
61 (2) “Commission” means the Florida Commission on Human
62 Relations created by s. 760.03.
63 (3) “Commissioner” or “member” means a member of the
64 commission.
65 (4) “Discriminatory practice” means any practice made
66 unlawful by the Florida Civil Rights Act of 1992.
67 (9)(5) “National origin” includes ancestry.
68 (10)(6) “Person” includes an individual, association,
69 corporation, joint apprenticeship committee, joint-stock
70 company, labor union, legal representative, mutual company,
71 partnership, receiver, trust, trustee in bankruptcy, or
72 unincorporated organization; any other legal or commercial
73 entity; the state; or any governmental entity or agency.
74 (5)(7) “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 preceding calendar year, and any agent
77 of such a person.
78 (6)(8) “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)(9) “Labor organization” means any organization that
83 which exists for the purpose, in whole or in part, of collective
84 bargaining or of dealing with employers concerning grievances,
85 terms or conditions of employment, or other mutual aid or
86 protection in connection with employment.
87 (1)(10) “Aggrieved person” means any person who files a
88 complaint with the Florida Commission on Human Relations
89 Commission.
90 (11) “Protective hairstyle” includes, but is not limited
91 to, hairstyles such as braids, locks, or twists.
92 (12)(11) “Public accommodations” means places of public
93 accommodation, lodgings, facilities principally engaged in
94 selling food for consumption on the premises, gasoline stations,
95 places of exhibition or entertainment, and other covered
96 establishments. Each of the following establishments which
97 serves the public is a place of public accommodation within the
98 meaning of this section:
99 (a) Any inn, hotel, motel, or other establishment that
100 which provides lodging to transient guests, other than an
101 establishment located within a building that which contains not
102 more than four rooms for rent or hire and that which is actually
103 occupied by the proprietor of such establishment as his or her
104 residence.
105 (b) Any restaurant, cafeteria, lunchroom, lunch counter,
106 soda fountain, or other facility principally engaged in selling
107 food for consumption on the premises, including, but not limited
108 to, any such facility located on the premises of any retail
109 establishment, or any gasoline station.
110 (c) Any motion picture theater, theater, concert hall,
111 sports arena, stadium, or other place of exhibition or
112 entertainment.
113 (d) Any establishment that which is physically located
114 within the premises of any establishment otherwise covered by
115 this subsection, or within the premises of which is physically
116 located any such covered establishment, and that which holds
117 itself out as serving patrons of such covered establishment.
118 (13) “Race” is inclusive of traits historically associated
119 with race, including, but not limited to, hair texture, hair
120 type, and protective hairstyles.
121 Section 4. Subsections (9) and (10) are added to section
122 1000.21, Florida Statutes, to read:
123 1000.21 Systemwide definitions.—As used in the Florida K-20
124 Education Code:
125 (9) “Protective hairstyle” includes, but is not limited to,
126 hairstyles such as braids, locks, or twists.
127 (10) “Race” is inclusive of traits historically associated
128 with race, including, but not limited to, hair texture, hair
129 type, and protective hairstyles.
130 Section 5. For the purpose of incorporating the amendment
131 made by this act to section 420.516, Florida Statutes, in a
132 reference thereto, paragraph (i) of subsection (6) of section
133 420.5087, Florida Statutes, is reenacted to read:
134 420.5087 State Apartment Incentive Loan Program.—There is
135 hereby created the State Apartment Incentive Loan Program for
136 the purpose of providing first, second, or other subordinated
137 mortgage loans or loan guarantees to sponsors, including for
138 profit, nonprofit, and public entities, to provide housing
139 affordable to very-low-income persons.
140 (6) On all state apartment incentive loans, except loans
141 made to housing communities for the elderly to provide for
142 lifesafety, building preservation, health, sanitation, or
143 security-related repairs or improvements, the following
144 provisions shall apply:
145 (i) The discrimination provisions of s. 420.516 shall apply
146 to all loans.
147 Section 6. This act shall take effect July 1, 2021.