Florida Senate - 2024 SB 680
By Senator Gruters
22-00113-24 2024680__
1 A bill to be entitled
2 An act relating to protection of medical freedom;
3 amending s. 381.003, F.S.; prohibiting the Department
4 of Health from requiring enrollment in the state’s
5 immunization registry or otherwise requiring persons
6 to submit to immunization tracking; prohibiting the
7 department from including a person’s immunization
8 records in any interstate or federal immunization
9 tracking system or otherwise giving an entity access
10 to a person’s immunization records without first
11 obtaining written informed consent from the person or
12 person’s parent or guardian, as applicable; making
13 technical changes; amending s. 381.00316, F.S.;
14 revising and deleting definitions; prohibiting
15 business entities from requiring individuals to
16 provide proof of vaccination or postinfection recovery
17 from any communicable disease to gain access to, entry
18 upon, or service from such entities; prohibiting a
19 business entity from requiring individuals currently
20 employed or seeking employment with that business to
21 provide proof of vaccination or postinfection recovery
22 from any communicable disease; prohibiting health care
23 providers from discriminating in providing health care
24 to a patient based solely on his or her vaccination
25 status; prohibiting governmental entities from
26 requiring that individuals show proof of vaccination
27 or postinfection recovery from any communicable
28 disease or requiring a certain test in order to gain
29 access to, entry upon, or service from that
30 governmental entity’s operations, or for employment,
31 continued employment, or contracting with the
32 governmental entity; reordering and amending s.
33 381.00319, F.S.; conforming provisions to changes made
34 by the act; amending s. 420.9075, F.S.; adding a
35 person’s vaccination and immunity status to the
36 prohibited forms of discrimination by local housing
37 assistance plans; creating s. 448.077, F.S.; defining
38 terms; prohibiting employers from refusing employment
39 to, or discharging, disciplining, demoting, or
40 otherwise discriminating against, an individual solely
41 on the basis of vaccination or immunity status;
42 creating a right of action for aggrieved individuals;
43 providing for relief; creating ss. 626.9708, 627.6441,
44 627.6614, and 641.31078, F.S.; defining the term
45 “vaccination or immunity status”; specifying
46 prohibited discriminatory practices in the provision
47 of life and disability insurance policies, health
48 insurance policies, group health insurance policies,
49 and health maintenance contracts, respectively;
50 providing construction; amending s. 760.01, F.S.;
51 revising the purposes of the Florida Civil Rights Act
52 of 1992 to include discrimination protection for
53 vaccination or immunity status; reordering and
54 amending s. 760.02, F.S.; defining the term
55 “vaccination or immunity status”; amending s. 760.05,
56 F.S.; revising the functions of the Florida Commission
57 on Human Relations to conform to changes made by the
58 act; amending s. 760.07, F.S.; revising provisions
59 regarding remedies for unlawful discrimination to
60 conform to changes made by the act; amending s.
61 760.08, F.S.; prohibiting places of public
62 accommodation from discriminating on the basis of
63 vaccination or immunity status; amending s. 760.10,
64 F.S.; prohibiting employers from engaging in specified
65 discriminatory employment practices on the basis of a
66 person’s vaccination or immunity status; providing an
67 exception; amending s. 760.22, F.S.; defining the term
68 “vaccination or immunity status”; amending ss. 760.23,
69 760.24, 760.25, and 760.26, F.S.; prohibiting
70 discrimination on the basis of a person’s vaccination
71 or immunity status in the sale or rental of housing,
72 the provision of brokerage services, the financing of
73 housing or residential real estate transactions, and
74 land use decisions or permitting of development,
75 respectively; amending s. 760.29, F.S.; revising an
76 exemption from the Fair Housing Act regarding the
77 appraisal of real property to conform to changes made
78 by the act; amending s. 760.60, F.S.; prohibiting
79 certain clubs from engaging in specified
80 discriminatory practices on the basis of a person’s
81 vaccination or immunity status; amending s. 1002.20,
82 F.S.; conforming provisions to changes made by the
83 act; amending s. 1003.22, F.S.; prohibiting the
84 Department of Health from requiring, as a school-entry
85 requirement, that children receive immunizations
86 approved only for emergency use; reenacting s.
87 381.00318(1), F.S., relating to complaints alleging
88 violations, to incorporate the amendments made to s.
89 381.00316, F.S., in a reference thereto; reenacting s.
90 760.11(1), F.S., relating to administrative and civil
91 remedies, to incorporate the amendments made to ss.
92 760.01 and 760.02, F.S., in references thereto;
93 reenacting s. 760.11(15), F.S., relating to discharge
94 of a person employed by the state or any governmental
95 entity or agency, to incorporate the amendments made
96 to s. 760.10, F.S., in a reference thereto; reenacting
97 ss. 760.20, 760.30, 760.31(4) and (5), 760.34(1), (3),
98 (4), and (7), 760.35(1) and (5)(a), and 760.37, F.S.,
99 relating to a short title, authority of the Florida
100 Commission of Human Relations, powers and duties of
101 the commission, enforcement of penalties for housing
102 discrimination violations, commencement of a civil
103 action for persons alleging discriminatory housing
104 practices, and penalties for interfering with a
105 person’s rights, respectively, to incorporate the
106 amendments made to ss. 760.25 and 760.26, F.S., in
107 references thereto; reenacting s. 1002.42(6)(a), F.S.,
108 relating to immunization requirements for private
109 school governing authorities, to incorporate the
110 amendment made to s. 1003.22, F.S. in a reference
111 thereto; providing an effective date.
112
113 Be It Enacted by the Legislature of the State of Florida:
114
115 Section 1. Paragraph (e) of subsection (1) of section
116 381.003, Florida Statutes, is amended to read:
117 381.003 Communicable disease and AIDS prevention and
118 control.—
119 (1) The department shall conduct a communicable disease
120 prevention and control program as part of fulfilling its public
121 health mission. A communicable disease is any disease caused by
122 transmission of a specific infectious agent, or its toxic
123 products, from an infected person, an infected animal, or the
124 environment to a susceptible host, either directly or
125 indirectly. The communicable disease program must include, but
126 need not be limited to:
127 (e) Programs for the prevention and control of vaccine
128 preventable diseases, including programs to immunize school
129 children as required by s. 1003.22(3)-(11) and the development
130 of an automated, electronic, and centralized database and
131 registry of immunizations. The department may not require
132 enrollment in the immunization registry or otherwise require
133 persons to submit to any form of immunization tracking. The
134 department shall ensure that all children in this state are
135 immunized against vaccine-preventable diseases. The immunization
136 registry must allow the department to enhance current
137 immunization activities for the purpose of improving the
138 immunization of all children in this state.
139 1. Except as provided in subparagraph 2., the department
140 shall include all children born in this state in the
141 immunization registry by using the birth records from the Office
142 of Vital Statistics. The department shall add other children to
143 the registry as immunization services are provided.
144 2. The parent or guardian of a child may refuse to have the
145 child included in the immunization registry by signing a form
146 obtained from the department, or from the health care
147 practitioner or entity that provides the immunization, which
148 indicates that the parent or guardian does not wish to have the
149 child included in the immunization registry. Each consent to
150 treatment form provided by a health care practitioner or by an
151 entity that administers vaccinations or causes vaccinations to
152 be administered to children from birth through 17 years of age
153 must contain a notice stating that the parent or guardian of a
154 child may refuse to have his or her child included in the
155 immunization registry. The parent or guardian may either submit
156 the opt-out form directly to the department or must provide it
157 such opt-out form to the health care practitioner or entity upon
158 administration of the vaccination. Such health care practitioner
159 or entity shall submit the form to the department. If a parent
160 or guardian has refused to have his or her child included in the
161 immunization registry, A parent or guardian may submit the opt
162 out form directly to the department. any records or identifying
163 information pertaining to the child must shall be removed from
164 the registry, if the parent or guardian has refused to have his
165 or her child included in the immunization registry.
166 3. A college or university student, from 18 years of age to
167 23 years of age, who obtains an immunization a vaccination from
168 a college or university student health center or clinic in this
169 the state may refuse to be included in the immunization registry
170 by signing a form obtained from the department, health center,
171 or clinic which indicates that the student does not wish to be
172 included in the immunization registry. The student may either
173 submit the opt-out form directly to the department or must
174 provide it such opt-out form to the health center or clinic upon
175 administration of the immunization vaccination. Such health
176 center or clinic shall submit the form to the department. If the
177 student has refused to be included in the immunization registry,
178 A student may submit the opt-out form directly to the
179 department. any records or identifying information pertaining to
180 the student must shall be removed from the registry if the
181 student has refused to be included in the immunization registry.
182 4. The immunization registry shall allow for immunization
183 records to be electronically available to entities that are
184 required by law to have such records, including, but not limited
185 to, schools and licensed child care facilities. However, the
186 department may not include a person’s immunization records in
187 any interstate or federal immunization tracking system or
188 otherwise allow an entity not required by law to have such
189 records without first obtaining written informed consent from
190 the person or the person’s parent or guardian, if the person is
191 a minor, to release the immunization records for such purpose.
192 5. A health care practitioner licensed under chapter 458,
193 chapter 459, or chapter 464 in this state who administers
194 vaccinations or causes vaccinations to be administered to
195 children from birth through 17 years of age is required to
196 report vaccination data to the immunization registry, unless a
197 parent or guardian of a child has refused to have the child
198 included in the immunization registry by meeting the
199 requirements of subparagraph 2. A health care practitioner
200 licensed under chapter 458, chapter 459, or chapter 464 in this
201 state who administers vaccinations or causes vaccinations to be
202 administered to college or university students from 18 years of
203 age to 23 years of age at a college or university student health
204 center or clinic is required to report vaccination data to the
205 immunization registry, unless the student has refused to be
206 included in the immunization registry by meeting the
207 requirements of subparagraph 3. Vaccination data for students in
208 other age ranges may be submitted to the immunization registry
209 only if the student consents to inclusion in the immunization
210 registry. The upload of data from existing automated systems is
211 an acceptable method for updating immunization information in
212 the immunization registry. The information in the immunization
213 registry must include the child’s name, date of birth, address,
214 and any other unique identifier necessary to correctly identify
215 the child; the immunization record, including the date, type of
216 administered vaccine, and vaccine lot number; and the presence
217 or absence of any adverse reaction or contraindication related
218 to the immunization. Information received by the department for
219 the immunization registry retains its status as confidential
220 medical information and the department must maintain the
221 confidentiality of that information as otherwise required by
222 law. A health care practitioner or other agency that obtains
223 information from the immunization registry must maintain the
224 confidentiality of any medical records in accordance with s.
225 456.057 or as otherwise required by law.
226 Section 2. Present paragraphs (c) and (d) through (g) of
227 subsection (2) of section 381.00316, Florida Statutes, are
228 redesignated as paragraphs (f) and (b) through (e),
229 respectively, and present paragraphs (b) and (c) of that
230 subsection and subsections (3) and (4) of that section are
231 amended, to read:
232 381.00316 Discrimination by governmental and business
233 entities based on health care choices; prohibition.—
234 (2) As used in this section, the term:
235 (b) “COVID-19” means the novel coronavirus identified as
236 SARS-CoV-2; any disease caused by SARS-CoV-2, its viral
237 fragments, or a virus mutating therefrom; and all conditions
238 associated with the disease which are caused by SARS-CoV-2, its
239 viral fragments, or a virus mutating therefrom.
240 (f)(c) “COVID-19 Vaccine” means a preparation designed to
241 stimulate the human body’s immune response against a
242 communicable disease COVID-19.
243 (3)(a) A business entity may not require any person to
244 provide any documentation certifying vaccination with any
245 vaccine defined under subsection (2) or postinfection recovery
246 from any communicable disease COVID-19, or require a presumptive
247 or confirmatory COVID-19 test showing proof of recovery from any
248 communicable disease, to gain access to, entry upon, or service
249 from the business operations in this state or as a condition of
250 contracting, hiring, promotion, or continued employment with the
251 business entity.
252 (b) A business entity may not discharge or refuse to hire a
253 person; deprive or attempt to deprive a person of employment
254 opportunities; adversely affect a person’s status as an employee
255 or as an applicant for employment; or otherwise discriminate
256 against a person based on knowledge or belief of the person’s
257 status relating to vaccination with any vaccine defined under
258 subsection (2) or COVID-19 postinfection recovery from a
259 communicable disease, or a person’s failure to take a
260 presumptive or confirmatory COVID-19 test showing proof of
261 recovery from any communicable disease.
262 (c) For matters relating to vaccines other than those
263 defined under subsection (2), a business entity shall provide
264 for exemptions and reasonable accommodations for religious and
265 medical reasons in accordance with federal law.
266 (d) A licensed facility as defined in s. 395.002 may not
267 discriminate in providing health care to a patient based solely
268 on that patient’s vaccination status with a COVID-19 vaccine.
269 (4)(a) A governmental entity may not require any person to
270 provide any documentation certifying vaccination with any
271 vaccine defined under subsection (2) or postinfection recovery
272 from a communicable disease COVID-19, or require a presumptive
273 or confirmatory COVID-19 test for any communicable disease, to
274 gain access to, entry upon, or service from the governmental
275 entity’s operations in this state or as a condition of
276 contracting, hiring, promotion, or continued employment with the
277 governmental entity.
278 (b) A governmental entity may not discharge or refuse to
279 hire a person; deprive or attempt to deprive a person of
280 employment opportunities; adversely affect a person’s status as
281 an employee; or otherwise discriminate against a person based on
282 the knowledge or belief of the person’s status relating to
283 vaccination with any vaccine defined under subsection (2) or a
284 person’s failure to take a presumptive or confirmatory COVID-19
285 test for a communicable disease.
286 (c) For matters relating to vaccines other than those
287 defined under subsection (2), a governmental entity shall
288 provide for exemptions and reasonable accommodations for
289 religious and medical reasons in accordance with federal law.
290 Section 3. Subsection (1) of section 381.00319, Florida
291 Statutes, is reordered and amended to read:
292 381.00319 Prohibition on mask mandates and vaccination and
293 testing mandates for educational institutions.—
294 (1) For purposes of this section, the term:
295 (a) “COVID-19” has the same meaning as in s. 381.00316.
296 (d)(b) “COVID-19 Vaccine” has the same meaning as in s.
297 381.00316.
298 (a)(c) “Educational institution” means a public or private
299 school, including a preschool, elementary school, middle school,
300 junior high school, secondary school, career center, or
301 postsecondary school.
302 (b)(d) “Emergency use authorization vaccine” has the same
303 meaning as in s. 381.00316.
304 (c)(e) “Messenger ribonucleic acid vaccine” has the same
305 meaning as in s. 381.00316.
306 Section 4. Paragraph (c) of subsection (4) of section
307 420.9075, Florida Statutes, is amended to read:
308 420.9075 Local housing assistance plans; partnerships.—
309 (4) Each local housing assistance plan is governed by the
310 following criteria and administrative procedures:
311 (c) In accordance with the provisions of ss. 760.20-760.37,
312 it is unlawful to discriminate on the basis of race, creed,
313 religion, color, age, sex, vaccination or immunity status,
314 marital status, familial status, national origin, or handicap in
315 the award application process for eligible housing.
316 Section 5. Section 448.077, Florida Statutes, is created to
317 read:
318 448.077 Employment discrimination on the basis of
319 vaccination or immunity status prohibited.—
320 (1) As used in this section, the term:
321 (a) “Employee” means an individual who performs services
322 for and is under the direction and control of an employer for
323 wages or other remuneration. The term includes an independent
324 contractor.
325 (b) “Employer” means an individual, a firm, a partnership,
326 an institution, a corporation, or an association that employs
327 two or more employees. The term includes a governmental entity
328 as defined in s. 768.38(2).
329 (c) “Vaccination or immunity status,” with respect to an
330 individual, means whether he or she has been administered a
331 vaccine for or is otherwise immune to a particular communicable
332 disease.
333 (2) An employer may not refuse to employ an individual, or
334 discharge, discipline, demote, or otherwise discriminate against
335 an employee with respect to wages or terms, conditions, or
336 privileges of employment, solely on the basis of the
337 individual’s vaccination or immunity status.
338 (3) An individual who is refused employment or is
339 discriminated against on the basis of vaccination or immunity
340 status in violation of this section may file a civil action in a
341 court of competent jurisdiction for relief as set forth in
342 subsection (4).
343 (4) In any action brought pursuant to subsection (3), the
344 court may order any of the following forms of relief, as
345 applicable:
346 (a) An injunction preventing the continued violation of
347 this section.
348 (b) Employment or reinstatement of the employee to the same
349 position applied for or held, as applicable, before the
350 violation occurred or to an equivalent position.
351 (c) Compensation for lost wages, benefits, and other
352 remuneration.
353 (d) Reasonable attorney fees.
354 (e) Any other relief the court deems appropriate.
355 Section 6. Section 626.9708, Florida Statutes, is created
356 to read:
357 626.9708 Discrimination on the basis of vaccination or
358 immunity status prohibited.—
359 (1) As used in this section, the term “vaccination or
360 immunity status,” with respect to an individual, means whether
361 he or she has been administered a vaccine for or is otherwise
362 immune to a particular communicable disease.
363 (2) An insurer authorized to transact insurance in this
364 state may not do any of the following:
365 (a) Require proof of vaccination or immunity status for any
366 communicable disease from an applicant or a policyholder.
367 (b) Refuse to issue or renew any policy of life insurance
368 or disability insurance solely on the basis of the applicant’s
369 or policyholder’s vaccination or immunity status.
370 (c) Impose a higher premium rate or charge or otherwise
371 discriminate in coverage in a life insurance policy or
372 disability insurance policy solely on the basis of the
373 applicant’s or policyholder’s vaccination or immunity status.
374 (3) This section may not be construed to require an insurer
375 to provide insurance coverage for a medical condition that the
376 applicant or policyholder has already sustained.
377 Section 7. Section 627.6441, Florida Statutes, is created
378 to read:
379 627.6441 Discrimination on the basis of vaccination or
380 immunity status prohibited.—
381 (1) As used in this section, the term “vaccination or
382 immunity status,” with respect to an individual, means whether
383 he or she has been administered a vaccine for or is otherwise
384 immune to a particular communicable disease.
385 (2) A health insurer may not do any of the following:
386 (a) Require proof of vaccination or immunity status for any
387 communicable disease from an applicant or a policyholder.
388 (b) Refuse to issue or renew a health insurance policy
389 solely on the basis of the applicant’s or policyholder’s
390 vaccination or immunity status.
391 (c) Impose a higher premium rate or charge or otherwise
392 discriminate in the coverage of care in a health insurance
393 policy solely on the basis of the applicant’s or policyholder’s
394 vaccination or immunity status.
395 (3) This section may not be construed to require a health
396 insurer to provide coverage for a medical condition that the
397 applicant or policyholder has already sustained.
398 Section 8. Section 627.6614, Florida Statutes, is created
399 to read:
400 627.6614 Discrimination on the basis of vaccination or
401 immunity status prohibited.—
402 (1) As used in this section, the term “vaccination or
403 immunity status,” with respect to an individual, means whether
404 he or she has been administered a vaccine for or is otherwise
405 immune to a particular communicable disease.
406 (2) An insurer offering coverage under a group, blanket, or
407 franchise health insurance policy in this state may not do any
408 of the following:
409 (a) Require proof of vaccination or immunity status for any
410 communicable disease from an applicant or a policyholder.
411 (b) Refuse to issue or renew a health insurance policy
412 solely on the basis of the applicant’s or policyholder’s
413 vaccination or immunity status.
414 (c) Impose a higher premium rate or charge or otherwise
415 discriminate in the coverage of care in a health insurance
416 policy solely on the basis of the applicant’s or policyholder’s
417 vaccination or immunity status.
418 (3) This section may not be construed to require an insurer
419 to provide coverage for a medical condition that the applicant
420 or policyholder has already sustained.
421 Section 9. Section 641.31078, Florida Statutes, is created
422 to read:
423 641.31078 Discrimination on the basis of vaccination or
424 immunity status prohibited.—
425 (1) As used in this section, the term “vaccination or
426 immunity status,” with respect to an individual, means whether
427 he or she has been administered a vaccine for or is otherwise
428 immune to a particular communicable disease.
429 (2) A health maintenance organization providing coverage
430 under a health maintenance contract in this state may not do any
431 of the following:
432 (a) Require proof of vaccination or immunity status for any
433 communicable disease from an applicant or a subscriber.
434 (b) Refuse to issue or renew a health maintenance contract
435 solely on the basis of the applicant’s or subscriber’s
436 vaccination or immunity status.
437 (c) Impose a higher premium rate or charge or otherwise
438 discriminate in the coverage of care in a health maintenance
439 contract solely on the basis of the applicant’s or subscriber’s
440 vaccination or immunity status.
441 (3) This section may not be construed to require a health
442 maintenance organization to provide coverage for a medical
443 condition that the applicant or subscriber has already
444 sustained.
445 Section 10. Subsection (2) of section 760.01, Florida
446 Statutes, is amended, and subsection (1) of that section is
447 republished, to read:
448 760.01 Purposes; construction; title.—
449 (1) Sections 760.01-760.11 and 509.092 shall be cited as
450 the “Florida Civil Rights Act of 1992.”
451 (2) The general purposes of the Florida Civil Rights Act of
452 1992 are to secure for all individuals within this the state
453 freedom from discrimination because of race, color, religion,
454 sex, pregnancy, national origin, age, handicap, vaccination or
455 immunity status, or marital status and thereby to protect their
456 interest in personal dignity, to make available to the state
457 their full productive capacities, to secure this the state
458 against domestic strife and unrest, to preserve the public
459 safety, health, and general welfare, and to promote the
460 interests, rights, and privileges of individuals within this the
461 state.
462 Section 11. Section 760.02, Florida Statutes, is reordered
463 and amended to read:
464 760.02 Definitions.—For the purposes of ss. 760.01-760.11
465 and 509.092, the term:
466 (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
467 760.11 and 509.092.
468 (2) “Commission” means the Florida Commission on Human
469 Relations created by s. 760.03.
470 (3) “Commissioner” or “member” means a member of the
471 commission.
472 (4) “Discriminatory practice” means any practice made
473 unlawful by the Florida Civil Rights Act of 1992.
474 (9)(5) “National origin” includes ancestry.
475 (10)(6) “Person” includes an individual, association,
476 corporation, joint apprenticeship committee, joint-stock
477 company, labor union, legal representative, mutual company,
478 partnership, receiver, trust, trustee in bankruptcy, or
479 unincorporated organization; any other legal or commercial
480 entity; the state; or any governmental entity or agency.
481 (5)(7) “Employer” means any person employing 15 or more
482 employees for each working day in each of 20 or more calendar
483 weeks in the current or preceding calendar year, and any agent
484 of such a person.
485 (6)(8) “Employment agency” means any person regularly
486 undertaking, with or without compensation, to procure employees
487 for an employer or to procure for employees opportunities to
488 work for an employer, and includes an agent of such a person.
489 (8)(9) “Labor organization” means any organization which
490 exists for the purpose, in whole or in part, of collective
491 bargaining or of dealing with employers concerning grievances,
492 terms or conditions of employment, or other mutual aid or
493 protection in connection with employment.
494 (1)(10) “Aggrieved person” means any person who files a
495 complaint with the Human Relations Commission.
496 (11) “Public accommodations” means places of public
497 accommodation, lodgings, facilities principally engaged in
498 selling food for consumption on the premises, gasoline stations,
499 places of exhibition or entertainment, and other covered
500 establishments. Each of the following establishments which
501 serves the public is a place of public accommodation within the
502 meaning of this section:
503 (a) Any inn, hotel, motel, or other establishment which
504 provides lodging to transient guests, other than an
505 establishment located within a building which contains not more
506 than four rooms for rent or hire and which is actually occupied
507 by the proprietor of such establishment as his or her residence.
508 (b) Any restaurant, cafeteria, lunchroom, lunch counter,
509 soda fountain, or other facility principally engaged in selling
510 food for consumption on the premises, including, but not limited
511 to, any such facility located on the premises of any retail
512 establishment, or any gasoline station.
513 (c) Any motion picture theater, theater, concert hall,
514 sports arena, stadium, or other place of exhibition or
515 entertainment.
516 (d) Any establishment which is physically located within
517 the premises of any establishment otherwise covered by this
518 subsection, or within the premises of which is physically
519 located any such covered establishment, and which holds itself
520 out as serving patrons of such covered establishment.
521 (12) “Vaccination or immunity status,” with respect to an
522 individual, means whether he or she has been administered a
523 vaccination for or is otherwise immune to a particular
524 communicable disease.
525 Section 12. Section 760.05, Florida Statutes, is amended to
526 read:
527 760.05 Functions of the commission.—The commission shall
528 promote and encourage fair treatment and equal opportunity for
529 all persons regardless of race, color, religion, sex, pregnancy,
530 national origin, age, handicap, vaccination or immunity status,
531 or marital status and mutual understanding and respect among all
532 members of all economic, social, racial, religious, and ethnic
533 groups; and shall endeavor to eliminate discrimination against,
534 and antagonism between, religious, racial, and ethnic groups and
535 their members.
536 Section 13. Section 760.07, Florida Statutes, is amended to
537 read:
538 760.07 Remedies for unlawful discrimination.—Any violation
539 of any Florida statute that makes unlawful discrimination
540 because of race, color, religion, gender, pregnancy, national
541 origin, age, handicap, vaccination or immunity status, or
542 marital status in the areas of education, employment, or public
543 accommodations gives rise to a cause of action for all relief
544 and damages described in s. 760.11(5), unless greater damages
545 are expressly provided for. If the statute prohibiting unlawful
546 discrimination provides an administrative remedy, the action for
547 equitable relief and damages provided for in this section may be
548 initiated only after the plaintiff has exhausted his or her
549 administrative remedy. The term “public accommodations” does not
550 include lodge halls or other similar facilities of private
551 organizations which are made available for public use
552 occasionally or periodically. The right to trial by jury is
553 preserved in any case in which the plaintiff is seeking actual
554 or punitive damages.
555 Section 14. Section 760.08, Florida Statutes, is amended to
556 read:
557 760.08 Discrimination in places of public accommodation.
558 All persons are entitled to the full and equal enjoyment of the
559 goods, services, facilities, privileges, advantages, and
560 accommodations of any place of public accommodation without
561 discrimination or segregation on the ground of race, color,
562 national origin, sex, pregnancy, handicap, vaccination or
563 immunity status, familial status, or religion.
564 Section 15. Subsections (1) and (2), paragraphs (a) and (b)
565 of subsection (3), subsections (4), (5), and (6), and paragraph
566 (a) of subsection (9) of section 760.10, Florida Statutes, are
567 amended, and paragraphs (b), (c), and (d) of subsection (9) of
568 that section are republished, to read:
569 760.10 Unlawful employment practices.—
570 (1) It is an unlawful employment practice for an employer:
571 (a) To discharge or to fail or refuse to hire any
572 individual, or otherwise to discriminate against any individual
573 with respect to compensation, terms, conditions, or privileges
574 of employment, because of such individual’s race, color,
575 religion, sex, pregnancy, national origin, age, handicap,
576 vaccination or immunity status, or marital status.
577 (b) To limit, segregate, or classify employees or
578 applicants for employment in any way which would deprive or tend
579 to deprive any individual of employment opportunities, or
580 adversely affect any individual’s status as an employee, because
581 of such individual’s race, color, religion, sex, pregnancy,
582 national origin, age, handicap, vaccination or immunity status,
583 or marital status.
584 (2) It is an unlawful employment practice for an employment
585 agency to fail or refuse to refer for employment, or otherwise
586 to discriminate against, any individual because of race, color,
587 religion, sex, pregnancy, national origin, age, handicap,
588 vaccination or immunity status, or marital status or to classify
589 or refer for employment any individual on the basis of race,
590 color, religion, sex, pregnancy, national origin, age, handicap,
591 vaccination or immunity status, or marital status.
592 (3) It is an unlawful employment practice for a labor
593 organization:
594 (a) To exclude or to expel from its membership, or
595 otherwise to discriminate against, any individual because of
596 race, color, religion, sex, pregnancy, national origin, age,
597 handicap, vaccination or immunity status, or marital status.
598 (b) To limit, segregate, or classify its membership or
599 applicants for membership, or to classify or fail or refuse to
600 refer for employment any individual, in any way that would
601 deprive or tend to deprive any individual of employment
602 opportunities, or adversely affect any individual’s status as an
603 employee or as an applicant for employment, because of such
604 individual’s race, color, religion, sex, pregnancy, national
605 origin, age, handicap, vaccination or immunity status, or
606 marital status.
607 (4) It is an unlawful employment practice for any employer,
608 labor organization, or joint labor-management committee
609 controlling apprenticeship or other training or retraining,
610 including on-the-job training programs, to discriminate against
611 any individual because of race, color, religion, sex, pregnancy,
612 national origin, age, handicap, vaccination or immunity status,
613 or marital status in admission to, or employment in, any program
614 established to provide apprenticeship or other training.
615 (5) Whenever, in order to engage in a profession,
616 occupation, or trade, it is required that a person receive a
617 license, certification, or other credential, become a member or
618 an associate of any club, association, or other organization, or
619 pass any examination, it is an unlawful employment practice for
620 any person to discriminate against any other person seeking such
621 license, certification, or other credential, seeking to become a
622 member or associate of such club, association, or other
623 organization, or seeking to take or pass such examination,
624 because of such other person’s race, color, religion, sex,
625 pregnancy, national origin, age, handicap, vaccination or
626 immunity status, or marital status.
627 (6) It is an unlawful employment practice for an employer,
628 labor organization, employment agency, or joint labor-management
629 committee to print, or cause to be printed or published, any
630 notice or advertisement relating to employment, membership,
631 classification, referral for employment, or apprenticeship or
632 other training, indicating any preference, limitation,
633 specification, or discrimination, based on race, color,
634 religion, sex, pregnancy, national origin, age, absence of
635 handicap, vaccination or immunity status, or marital status.
636 (9) Notwithstanding any other provision of this section, it
637 is not an unlawful employment practice under ss. 760.01-760.10
638 for an employer, employment agency, labor organization, or joint
639 labor-management committee to:
640 (a) Take or fail to take any action on the basis of
641 religion, sex, pregnancy, national origin, age, handicap,
642 vaccination or immunity status, or marital status in those
643 certain instances in which religion, sex, condition of
644 pregnancy, national origin, age, absence of a particular
645 handicap, vaccination or immunity status, or marital status is a
646 bona fide occupational qualification reasonably necessary for
647 the performance of the particular employment to which such
648 action or inaction is related.
649 (b) Observe the terms of a bona fide seniority system, a
650 bona fide employee benefit plan such as a retirement, pension,
651 or insurance plan, or a system which measures earnings by
652 quantity or quality of production, which is not designed,
653 intended, or used to evade the purposes of ss. 760.01-760.10.
654 However, no such employee benefit plan or system which measures
655 earnings shall excuse the failure to hire, and no such seniority
656 system, employee benefit plan, or system which measures earnings
657 shall excuse the involuntary retirement of, any individual on
658 the basis of any factor not related to the ability of such
659 individual to perform the particular employment for which such
660 individual has applied or in which such individual is engaged.
661 This subsection shall not be construed to make unlawful the
662 rejection or termination of employment when the individual
663 applicant or employee has failed to meet bona fide requirements
664 for the job or position sought or held or to require any changes
665 in any bona fide retirement or pension programs or existing
666 collective bargaining agreements during the life of the
667 contract, or for 2 years after October 1, 1981, whichever occurs
668 first, nor shall this act preclude such physical and medical
669 examinations of applicants and employees as an employer may
670 require of applicants and employees to determine fitness for the
671 job or position sought or held.
672 (c) Take or fail to take any action on the basis of age,
673 pursuant to law or regulation governing any employment or
674 training program designed to benefit persons of a particular age
675 group.
676 (d) Take or fail to take any action on the basis of marital
677 status if that status is prohibited under its antinepotism
678 policy.
679 Section 16. Subsection (11) is added to section 760.22,
680 Florida Statutes, and subsection (4) of that section is
681 republished, to read:
682 760.22 Definitions.—As used in ss. 760.20-760.37, the term:
683 (4) “Discriminatory housing practice” means an act that is
684 unlawful under the terms of ss. 760.20-760.37.
685 (11) “Vaccination or immunity status,” with respect to an
686 individual, means whether he or she has been administered a
687 vaccination for or is otherwise immune to a particular
688 communicable disease.
689 Section 17. Subsections (1) through (5) of section 760.23,
690 Florida Statutes, are amended, and subsection (6) of that
691 section is republished, to read:
692 760.23 Discrimination in the sale or rental of housing and
693 other prohibited practices.—
694 (1) It is unlawful to refuse to sell or rent after the
695 making of a bona fide offer, to refuse to negotiate for the sale
696 or rental of, or otherwise to make unavailable or deny a
697 dwelling to any person because of race, color, national origin,
698 sex, disability, vaccination or immunity status, familial
699 status, or religion.
700 (2) It is unlawful to discriminate against any person in
701 the terms, conditions, or privileges of sale or rental of a
702 dwelling, or in the provision of services or facilities in
703 connection therewith, because of race, color, national origin,
704 sex, disability, vaccination or immunity status, familial
705 status, or religion.
706 (3) It is unlawful to make, print, or publish, or cause to
707 be made, printed, or published, any notice, statement, or
708 advertisement with respect to the sale or rental of a dwelling
709 that indicates any preference, limitation, or discrimination
710 based on race, color, national origin, sex, disability,
711 vaccination or immunity status, familial status, or religion or
712 an intention to make any such preference, limitation, or
713 discrimination.
714 (4) It is unlawful to represent to any person because of
715 race, color, national origin, sex, disability, vaccination or
716 immunity status, familial status, or religion that any dwelling
717 is not available for inspection, sale, or rental when such
718 dwelling is in fact so available.
719 (5) It is unlawful, for profit, to induce or attempt to
720 induce any person to sell or rent any dwelling by a
721 representation regarding the entry or prospective entry into the
722 neighborhood of a person or persons of a particular race, color,
723 national origin, sex, disability, vaccination or immunity
724 status, familial status, or religion.
725 (6) The protections afforded under ss. 760.20-760.37
726 against discrimination on the basis of familial status apply to
727 any person who is pregnant or is in the process of securing
728 legal custody of any individual who has not attained the age of
729 18 years.
730 Section 18. Section 760.24, Florida Statutes, is amended to
731 read:
732 760.24 Discrimination in the provision of brokerage
733 services.—It is unlawful to deny any person access to, or
734 membership or participation in, any multiple-listing service,
735 real estate brokers’ organization, or other service,
736 organization, or facility relating to the business of selling or
737 renting dwellings, or to discriminate against him or her in the
738 terms or conditions of such access, membership, or
739 participation, on account of race, color, national origin, sex,
740 disability, vaccination or immunity status, familial status, or
741 religion.
742 Section 19. Subsection (1) and paragraph (a) of subsection
743 (2) of section 760.25, Florida Statutes, are amended to read:
744 760.25 Discrimination in the financing of housing or in
745 residential real estate transactions.—
746 (1) It is unlawful for any bank, building and loan
747 association, insurance company, or other corporation,
748 association, firm, or enterprise the business of which consists
749 in whole or in part of the making of commercial real estate
750 loans to deny a loan or other financial assistance to a person
751 applying for the loan for the purpose of purchasing,
752 constructing, improving, repairing, or maintaining a dwelling,
753 or to discriminate against him or her in the fixing of the
754 amount, interest rate, duration, or other term or condition of
755 such loan or other financial assistance, because of the race,
756 color, national origin, sex, disability, vaccination or immunity
757 status, familial status, or religion of such person or of any
758 person associated with him or her in connection with such loan
759 or other financial assistance or the purposes of such loan or
760 other financial assistance, or because of the race, color,
761 national origin, sex, disability, vaccination or immunity
762 status, familial status, or religion of the present or
763 prospective owners, lessees, tenants, or occupants of the
764 dwelling or dwellings in relation to which such loan or other
765 financial assistance is to be made or given.
766 (2)(a) It is unlawful for any person or entity whose
767 business includes engaging in residential real estate
768 transactions to discriminate against any person in making
769 available such a transaction, or in the terms or conditions of
770 such a transaction, because of race, color, national origin,
771 sex, disability, vaccination or immunity status, familial
772 status, or religion.
773 Section 20. Section 760.26, Florida Statutes, is amended to
774 read:
775 760.26 Prohibited discrimination in land use decisions and
776 in permitting of development.—It is unlawful to discriminate in
777 land use decisions or in the permitting of development based on
778 race, color, national origin, sex, disability, vaccination or
779 immunity status, familial status, religion, or, except as
780 otherwise provided by law, the source of financing of a
781 development or proposed development.
782 Section 21. Paragraph (a) of subsection (5) of section
783 760.29, Florida Statutes, is amended, and paragraph (a) of
784 subsection (1), subsections (2) and (3), paragraph (a) of
785 subsection (4), and paragraphs (b), (c), and (d) of subsection
786 (5) of that section are republished, to read:
787 760.29 Exemptions.—
788 (1)(a) Nothing in ss. 760.23, 760.25, and 760.27 applies
789 to:
790 1. Any single-family house sold or rented by its owner,
791 provided such private individual owner does not own more than
792 three single-family houses at any one time. In the case of the
793 sale of a single-family house by a private individual owner who
794 does not reside in such house at the time of the sale or who was
795 not the most recent resident of the house prior to the sale, the
796 exemption granted by this paragraph applies only with respect to
797 one sale within any 24-month period. In addition, the bona fide
798 private individual owner shall not own any interest in, nor
799 shall there be owned or reserved on his or her behalf, under any
800 express or voluntary agreement, title to, or any right to all or
801 a portion of the proceeds from the sale or rental of, more than
802 three single-family houses at any one time. The sale or rental
803 of any single-family house shall be excepted from the
804 application of ss. 760.20-760.37 only if the house is sold or
805 rented:
806 a. Without the use in any manner of the sales or rental
807 facilities or the sales or rental services of any real estate
808 licensee or such facilities or services of any person in the
809 business of selling or renting dwellings, or of any employee or
810 agent of any such licensee or person; and
811 b. Without the publication, posting, or mailing, after
812 notice, of any advertisement or written notice in violation of
813 s. 760.23(3).
814
815 Nothing in this provision prohibits the use of attorneys, escrow
816 agents, abstractors, title companies, and other such
817 professional assistance as is necessary to perfect or transfer
818 the title.
819 2. Rooms or units in dwellings containing living quarters
820 occupied or intended to be occupied by no more than four
821 families living independently of each other, if the owner
822 actually maintains and occupies one of such living quarters as
823 his or her residence.
824 (2) Nothing in ss. 760.20-760.37 prohibits a religious
825 organization, association, or society, or any nonprofit
826 institution or organization operated, supervised, or controlled
827 by or in conjunction with a religious organization, association,
828 or society, from limiting the sale, rental, or occupancy of any
829 dwelling which it owns or operates for other than a commercial
830 purpose to persons of the same religion or from giving
831 preference to such persons, unless membership in such religion
832 is restricted on account of race, color, or national origin.
833 Nothing in ss. 760.20-760.37 prohibits a private club not in
834 fact open to the public, which as an incident to its primary
835 purpose or purposes provides lodgings which it owns or operates
836 for other than a commercial purpose, from limiting the rental or
837 occupancy of such lodgings to its members or from giving
838 preference to its members.
839 (3) Nothing in ss. 760.20-760.37 requires any person
840 renting or selling a dwelling constructed for first occupancy
841 before March 13, 1991, to modify, alter, or adjust the dwelling
842 in order to provide physical accessibility except as otherwise
843 required by law.
844 (4)(a) Any provision of ss. 760.20-760.37 regarding
845 familial status does not apply with respect to housing for older
846 persons.
847
848 A county or municipal ordinance regarding housing for older
849 persons may not contravene the provisions of this subsection.
850 (5) Nothing in ss. 760.20-760.37:
851 (a) Prohibits a person engaged in the business of
852 furnishing appraisals of real property from taking into
853 consideration factors other than race, color, national origin,
854 sex, disability, vaccination or immunity status, familial
855 status, or religion.
856 (b) Limits the applicability of any reasonable local
857 restriction regarding the maximum number of occupants permitted
858 to occupy a dwelling.
859 (c) Requires that a dwelling be made available to an
860 individual whose tenancy would constitute a direct threat to the
861 health or safety of other individuals or whose tenancy would
862 result in substantial physical damage to the property of others.
863 (d) Prohibits conduct against a person because such person
864 has been convicted by any court of competent jurisdiction of the
865 illegal manufacture or distribution of a controlled substance as
866 defined under chapter 893.
867 Section 22. Subsection (1) of section 760.60, Florida
868 Statutes, is amended to read:
869 760.60 Discriminatory practices of certain clubs
870 prohibited; remedies.—
871 (1) It is unlawful for a person to discriminate against any
872 individual because of race, color, religion, gender, national
873 origin, handicap, vaccination or immunity status, age above the
874 age of 21, or marital status in evaluating an application for
875 membership in a club that has more than 400 members, that
876 provides regular meal service, and that regularly receives
877 payment for dues, fees, use of space, facilities, services,
878 meals, or beverages directly or indirectly from nonmembers for
879 business purposes. It is unlawful for a person, on behalf of
880 such a club, to publish, circulate, issue, display, post, or
881 mail any advertisement, notice, or solicitation that contains a
882 statement to the effect that the accommodations, advantages,
883 facilities, membership, or privileges of the club are denied to
884 any individual because of race, color, religion, gender,
885 national origin, handicap, vaccination or immunity status, age
886 above the age of 21, or marital status. This subsection does not
887 apply to fraternal or benevolent organizations, ethnic clubs, or
888 religious organizations where business activity is not
889 prevalent.
890 Section 23. Paragraph (n) of subsection (3) of section
891 1002.20, Florida Statutes, is amended to read:
892 1002.20 K-12 student and parent rights.—Parents of public
893 school students must receive accurate and timely information
894 regarding their child’s academic progress and must be informed
895 of ways they can help their child to succeed in school. K-12
896 students and their parents are afforded numerous statutory
897 rights including, but not limited to, the following:
898 (3) HEALTH ISSUES.—
899 (n) Face covering mandates and quarantine mandates in
900 response to COVID-19.—
901 1. A district school board, a district school
902 superintendent, an elected or appointed local official, or any
903 district school board employee may not:
904 a. Require a student to wear a face mask, a face shield, or
905 any other facial covering that fits over the mouth or nose.
906 However, a parent, at the parent’s sole discretion, may allow
907 his or her child to wear a face mask, a face shield, or any
908 other facial covering that fits over the mouth or nose. This
909 prohibition does not apply to safety equipment required as part
910 of a course of study consistent with occupational or laboratory
911 safety requirements.
912 b. Prohibit a student from attending school or school
913 sponsored activities, prohibit a student from being on school
914 property, or subject a student to restrictions or disparate
915 treatment, based on an exposure to COVID-19, so long as the
916 student remains asymptomatic and has not received a positive
917 test for COVID-19 as defined in s. 381.00319(1).
918
919 A parent of a student, a student who is an emancipated minor, or
920 a student who is 18 years of age or older may bring an action
921 against the school district to obtain a declaratory judgment
922 that an act or practice violates this subparagraph and to seek
923 injunctive relief. A prevailing parent or student, as
924 applicable, must be awarded reasonable attorney fees and court
925 costs.
926 2. A district school board, a district school
927 superintendent, an elected or appointed local official, or any
928 school district employee may not prohibit an employee from
929 returning to work or subject an employee to restrictions or
930 disparate treatment based on an exposure to COVID-19 so long as
931 the employee remains asymptomatic and has not received a
932 positive test for COVID-19 as defined in s. 381.00319(1).
933 Section 24. Subsection (3) of section 1003.22, Florida
934 Statutes, is amended, and paragraph (a) of subsection (4) of
935 that section is republished, to read:
936 1003.22 School-entry health examinations; immunization
937 against communicable diseases; exemptions; duties of Department
938 of Health.—
939 (3) The Department of Health may adopt rules necessary to
940 administer and enforce this section. The Department of Health,
941 after consultation with the Department of Education, shall adopt
942 rules governing the immunization of children against, the
943 testing for, and the control of preventable communicable
944 diseases. The rules must include procedures for exempting a
945 child from immunization requirements. Immunizations must shall
946 be required for poliomyelitis, diphtheria, rubeola, rubella,
947 pertussis, mumps, tetanus, and other communicable diseases as
948 determined by rules of the Department of Health; however, any
949 immunization approved by the United States Food and Drug
950 Administration only for emergency use may not be required. The
951 manner and frequency of administration of the immunization or
952 testing must shall conform to recognized standards of medical
953 practice. The Department of Health shall supervise and secure
954 the enforcement of the required immunization. Immunizations
955 required by this section must shall be available at no cost from
956 the county health departments.
957 (4) Each district school board and the governing authority
958 of each private school shall establish and enforce policies
959 that:
960 (a) Prior to admittance to or attendance in a public or
961 private school, grades kindergarten through 12, or any other
962 initial entrance into a Florida public or private school,
963 require each child to have on file with the immunization
964 registry a certification of immunization for the prevention of
965 those communicable diseases for which immunization is required
966 by the Department of Health. Any child who is excluded from
967 participation in the immunization registry pursuant to s.
968 381.003(1)(e)2. must present or have on file with the school
969 such certification of immunization. Certification of
970 immunization shall be made on forms approved and provided by the
971 Department of Health or be on file with the immunization
972 registry and shall become a part of each student’s permanent
973 record, to be transferred when the student transfers, is
974 promoted, or changes schools. The transfer of such immunization
975 certification by Florida public schools shall be accomplished
976 using the Florida Automated System for Transferring Education
977 Records and shall be deemed to meet the requirements of this
978 section.
979 Section 25. For the purpose of incorporating the amendments
980 made by this act to section 381.00316, Florida Statutes, in a
981 reference thereto, subsection (1) of section 381.00318, Florida
982 Statutes, is reenacted to read:
983 381.00318 Complaints and investigations regarding mandate
984 prohibitions; public records exemption.—
985 (1) A complaint alleging a business entity’s, a
986 governmental entity’s, or an educational institution’s violation
987 of s. 381.00316, s. 381.00317, or s. 381.00319, and all
988 information relating to an investigation of such complaint, held
989 by the Department of Legal Affairs or the Department of Health
990 is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
991 I of the State Constitution until the investigation is completed
992 or ceases to be active. For purposes of this section, an
993 investigation is considered “active” while such investigation is
994 being conducted by the Department of Legal Affairs or the
995 Department of Health with a reasonable good faith belief that it
996 may lead to a determination of whether there was a violation of
997 s. 381.00316, s. 381.00317, or s. 381.00319. An investigation
998 does not cease to be active if the Department of Legal Affairs
999 or the Department of Health is proceeding with reasonable
1000 dispatch and there is a good faith belief that action may be
1001 initiated by the Department of Legal Affairs or the Department
1002 of Health.
1003 Section 26. For the purpose of incorporating the amendments
1004 made by this act to sections 760.01 and 760.02, Florida
1005 Statutes, in references thereto, subsection (1) of section
1006 760.11, Florida Statutes, is reenacted to read:
1007 760.11 Administrative and civil remedies; construction.—
1008 (1) Any person aggrieved by a violation of ss. 760.01
1009 760.10 may file a complaint with the commission within 365 days
1010 of the alleged violation, naming the employer, employment
1011 agency, labor organization, or joint labor-management committee,
1012 or, in the case of an alleged violation of s. 760.10(5), the
1013 person responsible for the violation and describing the
1014 violation. Any person aggrieved by a violation of s. 509.092 may
1015 file a complaint with the commission within 365 days of the
1016 alleged violation naming the person responsible for the
1017 violation and describing the violation. The commission, a
1018 commissioner, or the Attorney General may in like manner file
1019 such a complaint. On the same day the complaint is filed with
1020 the commission, the commission shall clearly stamp on the face
1021 of the complaint the date the complaint was filed with the
1022 commission. In lieu of filing the complaint with the commission,
1023 a complaint under this section may be filed with the federal
1024 Equal Employment Opportunity Commission or with any unit of
1025 government of the state which is a fair-employment-practice
1026 agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the
1027 complaint is filed is clearly stamped on the face of the
1028 complaint, that date is the date of filing. The date the
1029 complaint is filed with the commission for purposes of this
1030 section is the earliest date of filing with the Equal Employment
1031 Opportunity Commission, the fair-employment-practice agency, or
1032 the commission. The complaint shall contain a short and plain
1033 statement of the facts describing the violation and the relief
1034 sought. The commission may require additional information to be
1035 in the complaint. The commission, within 5 days of the complaint
1036 being filed, shall by registered mail send a copy of the
1037 complaint to the person who allegedly committed the violation.
1038 The person who allegedly committed the violation may file an
1039 answer to the complaint within 25 days of the date the complaint
1040 was filed with the commission. Any answer filed shall be mailed
1041 to the aggrieved person by the person filing the answer. Both
1042 the complaint and the answer shall be verified.
1043 Section 27. For the purpose of incorporating the amendments
1044 made by this act to section 760.10, Florida Statutes, in a
1045 reference thereto, subsection (15) of section 760.11, Florida
1046 Statutes, is reenacted to read:
1047 760.11 Administrative and civil remedies; construction.—
1048 (15) In any civil action or administrative proceeding
1049 brought pursuant to this section, a finding that a person
1050 employed by the state or any governmental entity or agency has
1051 violated s. 760.10 shall as a matter of law constitute just or
1052 substantial cause for such person’s discharge.
1053 Section 28. For the purpose of incorporating the amendments
1054 made by this act to sections 760.25 and 760.26, Florida
1055 Statutes, in references thereto, section 760.20, Florida
1056 Statutes, is reenacted to read:
1057 760.20 Fair Housing Act; short title.—Sections 760.20
1058 760.37 may be cited as the “Fair Housing Act.”
1059 Section 29. For the purpose of incorporating the amendments
1060 made by this act to sections 760.25 and 760.26, Florida
1061 Statutes, in references thereto, section 760.30, Florida
1062 Statutes, is reenacted to read:
1063 760.30 Administration of ss. 760.20-760.37.—
1064 (1) The authority and responsibility for administering ss.
1065 760.20-760.37 is in the commission.
1066 (2) The commission may delegate any of its functions,
1067 duties, and powers to its employees, including functions,
1068 duties, and powers with respect to investigating, conciliating,
1069 hearing, determining, ordering, certifying, reporting, or
1070 otherwise acting as to any work, business, or matter under ss.
1071 760.20-760.37.
1072 Section 30. For the purpose of incorporating the amendments
1073 made by this act to sections 760.25 and 760.26, Florida
1074 Statutes, in references thereto, subsections (4) and (5) of
1075 section 760.31, Florida Statutes, are reenacted to read:
1076 760.31 Powers and duties of commission.—The commission
1077 shall:
1078 (4) Administer the programs and activities relating to
1079 housing in a manner affirmatively to further the policies of ss.
1080 760.20-760.37.
1081 (5) Adopt rules necessary to implement ss. 760.20-760.37
1082 and govern the proceedings of the commission in accordance with
1083 chapter 120. Commission rules shall clarify terms used with
1084 regard to accessibility for persons with disabilities,
1085 exceptions from accessibility requirements based on terrain or
1086 site characteristics, and requirements related to housing for
1087 older persons.
1088 Section 31. For the purpose of incorporating the amendments
1089 made by this act to sections 760.25 and 760.26, Florida
1090 Statutes, in references thereto, subsections (1), (3), (4), and
1091 (7) of section 760.34, Florida Statutes, are reenacted to read:
1092 760.34 Enforcement.—
1093 (1) Any person who claims to have been injured by a
1094 discriminatory housing practice or who believes that he or she
1095 will be injured by a discriminatory housing practice that is
1096 about to occur may file a complaint with the commission.
1097 Complaints shall be in writing and contain such information and
1098 be in such form as the commission requires. Upon receipt of such
1099 a complaint, the commission shall furnish a copy to the person
1100 or persons who allegedly committed the discriminatory housing
1101 practice or are about to commit the alleged discriminatory
1102 housing practice. Within 100 days after receiving a complaint,
1103 or within 100 days after the expiration of any period of
1104 reference under subsection (3), the commission shall investigate
1105 the complaint and give notice in writing to the aggrieved person
1106 whether it intends to resolve it. If the commission decides to
1107 resolve the complaint, it shall proceed to try to eliminate or
1108 correct the alleged discriminatory housing practice by informal
1109 methods of conference, conciliation, and persuasion. Insofar as
1110 possible, conciliation meetings shall be held in the cities or
1111 other localities where the discriminatory housing practices
1112 allegedly occurred. Nothing said or done in the course of such
1113 informal endeavors may be made public or used as evidence in a
1114 subsequent proceeding under ss. 760.20-760.37 without the
1115 written consent of the persons concerned. Any employee of the
1116 commission who makes public any information in violation of this
1117 provision is guilty of a misdemeanor of the first degree,
1118 punishable as provided in s. 775.082 or s. 775.083.
1119 (3) If a local fair housing law provides rights and
1120 remedies for alleged discriminatory housing practices which are
1121 substantially equivalent to the rights and remedies provided in
1122 ss. 760.20-760.37, the commission shall notify the appropriate
1123 local agency of any complaint filed under ss. 760.20-760.37
1124 which appears to constitute a violation of the local fair
1125 housing law, and the commission shall take no further action
1126 with respect to such complaint if the local law enforcement
1127 official has, within 30 days after the date the alleged offense
1128 was brought to his or her attention, commenced proceedings in
1129 the matter. In no event shall the commission take further action
1130 unless it certifies that in its judgment, under the
1131 circumstances of the particular case, the protection of the
1132 rights of the parties or the interests of justice require such
1133 action.
1134 (4) The aggrieved person may commence a civil action in any
1135 appropriate court against the respondent named in the complaint
1136 or petition for an administrative determination under s. 760.35
1137 to enforce the rights granted or protected by ss. 760.20-760.37
1138 and is not required to petition for an administrative hearing or
1139 exhaust administrative remedies before commencing such action.
1140 If, as a result of its investigation under subsection (1), the
1141 commission finds there is reasonable cause to believe that a
1142 discriminatory housing practice has occurred, at the request of
1143 the aggrieved person, the Attorney General may bring an action
1144 in the name of the state on behalf of the aggrieved person to
1145 enforce ss. 760.20-760.37.
1146 (7)(a) The commission may institute a civil action in any
1147 appropriate court if it is unable to obtain voluntary compliance
1148 with ss. 760.20-760.37. The commission does not have to petition
1149 for an administrative hearing or exhaust its administrative
1150 remedies before bringing a civil action.
1151 (b) The court may impose the following fines for each
1152 violation of ss. 760.20-760.37:
1153 1. Up to $10,000, if the respondent has not previously been
1154 found guilty of a violation of ss. 760.20-760.37.
1155 2. Up to $25,000, if the respondent has been found guilty
1156 of one prior violation of ss. 760.20-760.37 within the preceding
1157 5 years.
1158 3. Up to $50,000, if the respondent has been found guilty
1159 of two or more violations of ss. 760.20-760.37 within the
1160 preceding 7 years.
1161
1162 In imposing a fine under this paragraph, the court shall
1163 consider the nature and circumstances of the violation, the
1164 degree of culpability, the history of prior violations of ss.
1165 760.20-760.37, the financial circumstances of the respondent,
1166 and the goal of deterring future violations of ss. 760.20
1167 760.37.
1168 (c) The court shall award reasonable attorney fees and
1169 costs to the commission in any action in which the commission
1170 prevails.
1171 Section 32. For the purpose of incorporating the amendments
1172 made by this act to sections 760.25 and 760.26, Florida
1173 Statutes, in references thereto, subsection (1) and paragraph
1174 (a) of subsection (5) of section 760.35, Florida Statutes, are
1175 reenacted to read:
1176 760.35 Civil actions and relief; administrative
1177 procedures.—
1178 (1) An aggrieved person may commence a civil action no
1179 later than 2 years after an alleged discriminatory housing
1180 practice has occurred. However, the court shall continue a civil
1181 case brought under this section or s. 760.34 before bringing it
1182 to trial if the court believes that the conciliation efforts of
1183 the commission or local agency are likely to result in
1184 satisfactory settlement of the discriminatory housing practice
1185 complained of in the complaint made to the commission or to the
1186 local agency and which practice forms the basis for the action
1187 in court. Any sale, encumbrance, or rental consummated before
1188 the issuance of any court order issued under the authority of
1189 ss. 760.20-760.37 and involving a bona fide purchaser,
1190 encumbrancer, or tenant without actual notice of the existence
1191 of the filing of a complaint or civil action under ss. 760.20
1192 760.37 is not affected.
1193 (5)(a) If the commission is unable to obtain voluntary
1194 compliance with ss. 760.20-760.37 or has reasonable cause to
1195 believe that a discriminatory practice has occurred:
1196 1. The commission may institute an administrative
1197 proceeding under chapter 120; or
1198 2. The aggrieved person may request administrative relief
1199 under chapter 120 within 30 days after receiving notice that the
1200 commission has concluded its investigation under s. 760.34.
1201 Section 33. For the purpose of incorporating the amendments
1202 made by this act to sections 760.25 and 760.26, Florida
1203 Statutes, in references thereto, section 760.37, Florida
1204 Statutes, is reenacted to read:
1205 760.37 Interference, coercion, or intimidation; enforcement
1206 by administrative or civil action.—It is unlawful to coerce,
1207 intimidate, threaten, or interfere with any person in the
1208 exercise of, or on account of her or his having exercised, or on
1209 account of her or his having aided or encouraged any other
1210 person in the exercise of any right granted under ss. 760.20
1211 760.37. This section may be enforced by appropriate
1212 administrative or civil action.
1213 Section 34. For the purpose of incorporating the amendment
1214 made by this act to section 1003.22, Florida Statutes, in a
1215 reference thereto, paragraph (a) of subsection (6) of section
1216 1002.42, Florida Statutes, is reenacted to read:
1217 1002.42 Private schools.—
1218 (6) IMMUNIZATIONS.—The governing authority of each private
1219 school shall:
1220 (a) Require students to present a certification of
1221 immunization in accordance with the provisions of s. 1003.22(3)
1222 (11).
1223 Section 35. This act shall take effect July 1, 2024.