Florida Senate - 2024                                    SB 1382
       By Senator Martin
       33-01174-24                                           20241382__
    1                        A bill to be entitled                      
    2         An act relating to gender identity employment
    3         practices; creating s. 110.1051, F.S.; defining terms;
    4         specifying an employment policy of the state relating
    5         to a person’s sex; providing applicability;
    6         prohibiting employees and contractors of certain
    7         employers from being required to use, from providing,
    8         and from being asked to provide preferred personal
    9         titles or pronouns; prohibiting the imposition of
   10         penalties or the taking of adverse personnel action
   11         when an employee or a contractor refuses to provide
   12         his or her preferred personal title or pronouns;
   13         providing that it is an unlawful employment practice
   14         for certain employers to take adverse personnel action
   15         against employees and contractors on the basis of
   16         deeply held religious or biology-based beliefs;
   17         providing administrative and civil remedies;
   18         authorizing the Department of Management Services to
   19         adopt rules; amending s. 760.10, F.S.; providing that
   20         it is an unlawful employment practice for nonprofit
   21         organizations and certain employers to require certain
   22         training, instruction, or activity as a condition of
   23         employment; defining the term “nonprofit
   24         organization”; reenacting s. 760.11(1) and (15), F.S.,
   25         relating to administrative and civil remedies, to
   26         incorporate the amendment made to s. 760.10, F.S., in
   27         references thereto; providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Section 110.1051, Florida Statutes, is created
   32  to read:
   33         110.1051Personal titles and pronouns.—
   34         (1)As used in this section, the term:
   35         (a)“Adverse personnel action” means the discharge,
   36  suspension, transfer, or demotion of an employee or a contractor
   37  or the withholding of bonuses, the reduction in salary or
   38  benefits, or any other adverse action taken against an employee
   39  or a contractor within the terms and conditions of employment by
   40  an employer.
   41         (b)“Contractor” means an individual, partnership,
   42  corporation, or business entity that enters or attempts to enter
   43  into a contract for services with an employer.
   44         (c)“Employee” means an individual employed by, or
   45  attempting to be employed by, an employer.
   46         (d)“Employer” means the state or any county, municipality,
   47  or special district or any subdivision or agency thereof.
   48         (e)“Sex” means the classification of a person as either
   49  female or male based on the organization of the body of such
   50  person for a specific reproductive role, as indicated by the
   51  person’s sex chromosomes, naturally occurring sex hormones, and
   52  internal and external genitalia present at birth.
   53         (2)It is the policy of the state that a person’s sex is an
   54  immutable biological trait and that it is false to ascribe to a
   55  person a pronoun that does not correspond to such person’s sex.
   56  This section does not apply to individuals born with a
   57  genetically or biochemically verifiable disorder of sex
   58  development, including, but not limited to, 46, XX disorder of
   59  sex development; 46, XY disorder of sex development; sex
   60  chromosome disorder of sex development; XX or XY sex reversal;
   61  or ovotesticular disorder.
   62         (3)An employee or a contractor may not be required, as a
   63  condition of employment, to refer to another person using that
   64  person’s preferred personal title or pronouns if such personal
   65  title or pronouns do not correspond to that person’s sex.
   66         (4)An employee or a contractor may not provide to an
   67  employer his or her preferred personal title or pronouns if such
   68  preferred personal title or pronouns do not correspond to his or
   69  her sex.
   70         (5)An employee or a contractor may not be asked by an
   71  employer to provide his or her preferred personal title or
   72  pronouns or be penalized or subjected to adverse personnel
   73  action for not providing his or her preferred personal title or
   74  pronouns.
   75         (6)(a)It is an unlawful employment practice for an
   76  employer to take adverse personnel action against an employee or
   77  a contractor because of the employee’s or contractor’s deeply
   78  held religious or biology-based beliefs, including a belief in
   79  traditional or Biblical views of sexuality and marriage, or the
   80  employee’s or contractor’s disagreement with gender ideology,
   81  whether those views are expressed by the employee or contractor
   82  at or away from the worksite.
   83         (b)An employee or a contractor aggrieved by a violation of
   84  this subsection may avail himself or herself of the
   85  administrative and civil remedies provided in s. 760.11.
   86         (7)The Department of Management Services may adopt rules
   87  to administer this section.
   88         Section 2. Present subsections (10) and (11) of section
   89  760.10, Florida Statutes, are redesignated as subsections (11)
   90  and (12), respectively, and a new subsection (10) is added to
   91  that section, to read:
   92         760.10 Unlawful employment practices.—
   93         (10)It is an unlawful employment practice for a nonprofit
   94  organization or an employer that receives funding from the state
   95  to require, as a condition of employment, any training,
   96  instruction, or other activity on sexual orientation, gender
   97  identity, or gender expression. For purposes of this subsection,
   98  the term “nonprofit organization” means any organization that is
   99  exempt from taxation pursuant to 26 U.S.C. s. 501, or any
  100  federal, state, or local governmental entity.
  101         Section 3. For the purpose of incorporating the amendment
  102  made by this act to section 760.10, Florida Statutes, in
  103  references thereto, subsections (1) and (15) of section 760.11,
  104  Florida Statutes, are reenacted to read:
  105         760.11 Administrative and civil remedies; construction.—
  106         (1) Any person aggrieved by a violation of ss. 760.01
  107  760.10 may file a complaint with the commission within 365 days
  108  of the alleged violation, naming the employer, employment
  109  agency, labor organization, or joint labor-management committee,
  110  or, in the case of an alleged violation of s. 760.10(5), the
  111  person responsible for the violation and describing the
  112  violation. Any person aggrieved by a violation of s. 509.092 may
  113  file a complaint with the commission within 365 days of the
  114  alleged violation naming the person responsible for the
  115  violation and describing the violation. The commission, a
  116  commissioner, or the Attorney General may in like manner file
  117  such a complaint. On the same day the complaint is filed with
  118  the commission, the commission shall clearly stamp on the face
  119  of the complaint the date the complaint was filed with the
  120  commission. In lieu of filing the complaint with the commission,
  121  a complaint under this section may be filed with the federal
  122  Equal Employment Opportunity Commission or with any unit of
  123  government of the state which is a fair-employment-practice
  124  agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the
  125  complaint is filed is clearly stamped on the face of the
  126  complaint, that date is the date of filing. The date the
  127  complaint is filed with the commission for purposes of this
  128  section is the earliest date of filing with the Equal Employment
  129  Opportunity Commission, the fair-employment-practice agency, or
  130  the commission. The complaint shall contain a short and plain
  131  statement of the facts describing the violation and the relief
  132  sought. The commission may require additional information to be
  133  in the complaint. The commission, within 5 days of the complaint
  134  being filed, shall by registered mail send a copy of the
  135  complaint to the person who allegedly committed the violation.
  136  The person who allegedly committed the violation may file an
  137  answer to the complaint within 25 days of the date the complaint
  138  was filed with the commission. Any answer filed shall be mailed
  139  to the aggrieved person by the person filing the answer. Both
  140  the complaint and the answer shall be verified.
  141         (15) In any civil action or administrative proceeding
  142  brought pursuant to this section, a finding that a person
  143  employed by the state or any governmental entity or agency has
  144  violated s. 760.10 shall as a matter of law constitute just or
  145  substantial cause for such person’s discharge.
  146         Section 4. This act shall take effect July 1, 2024.