Florida Senate - 2012                                     SB 340
       
       
       
       By Senator Rich
       
       
       
       
       34-00386-12                                            2012340__
    1                        A bill to be entitled                      
    2         An act relating to prohibited discrimination;
    3         providing a short title; amending s. 760.01, F.S.;
    4         revising provisions to include sexual orientation and
    5         gender identity or expression as impermissible grounds
    6         for discrimination; conforming terminology; amending
    7         s. 760.02, F.S.; defining additional terms; creating
    8         s. 760.025, F.S.; specifying when an individual has an
    9         impairment for certain purposes; amending ss. 760.05,
   10         760.07, 760.08, and 760.10, F.S.; revising provisions
   11         to include sexual orientation and gender identity or
   12         expression as impermissible grounds for
   13         discrimination; conforming terminology; reenacting s.
   14         760.11(1), F.S., relating to administrative and civil
   15         remedies for unlawful employment practices, to
   16         incorporate the amendments made to s. 760.10, F.S., in
   17         a reference thereto; amending s. 509.092, F.S.;
   18         revising provisions to include sexual orientation and
   19         gender identity or expression as impermissible grounds
   20         for discrimination in public lodging establishments
   21         and public food service establishments; amending s.
   22         760.22, F.S.; defining additional terms; deleting the
   23         definition of the term “handicap”; creating s.
   24         760.225, F.S.; specifying when an individual has an
   25         impairment for certain purposes; amending ss. 760.23,
   26         760.24, 760.25, 760.26, and 760.29, F.S.; revising
   27         provisions to include sexual orientation and gender
   28         identity or expression as impermissible grounds for
   29         discrimination; conforming terminology; amending ss.
   30         760.31 and 760.50, F.S.; conforming terminology;
   31         amending s. 760.60, F.S.; revising provisions to
   32         include sexual orientation and gender identity or
   33         expression as impermissible grounds for
   34         discrimination; conforming terminology; amending s.
   35         419.001, F.S.; conforming a cross-reference; providing
   36         an effective date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. This act may be cited as the “Competitive
   41  Workforce Act.”
   42         Section 2. Subsection (2) of section 760.01, Florida
   43  Statutes, is amended to read:
   44         760.01 Purposes; construction; title.—
   45         (2) The general purposes of the Florida Civil Rights Act of
   46  1992 are to secure for all individuals within the state freedom
   47  from discrimination because of race, color, religion, sex,
   48  national origin, age, disability, sexual orientation, gender
   49  identity or expression handicap, or marital status and thereby
   50  to protect their interest in personal dignity, to make available
   51  to the state their full productive capacities, to secure the
   52  state against domestic strife and unrest, to preserve the public
   53  safety, health, and general welfare, and to promote the
   54  interests, rights, and privileges of individuals within the
   55  state.
   56         Section 3. Section 760.02, Florida Statutes, is amended to
   57  read:
   58         760.02 Definitions.—For the purposes of ss. 760.01-760.11
   59  and 509.092, the term:
   60         (1) “Aggrieved person” means any person who files a
   61  complaint with the Florida Commission on Human Relations
   62  “Florida Civil Rights Act of 1992” means ss. 760.01-760.11 and
   63  509.092.
   64         (2) “Commission” means the Florida Commission on Human
   65  Relations created by s. 760.03.
   66         (3) “Commissioner” or “member” means a member of the
   67  commission.
   68         (4) “Disability” means:
   69         (a) A physical or mental impairment that substantially
   70  limits one or more of the major life activities of the
   71  individual;
   72         (b) A record of such impairment;
   73         (c) Being regarded as having such an impairment; or
   74         (d) Having a developmental disability as defined in s.
   75  393.063.
   76         (5)(4) “Discriminatory practice” means any practice made
   77  unlawful by the Florida Civil Rights Act of 1992.
   78         (6) “Employer” means any person employing 15 or more
   79  employees for each working day in each of 20 or more calendar
   80  weeks in the current or preceding calendar year, and any agent
   81  of such a person.
   82         (7) “Employment agency” means any person regularly
   83  undertaking, with or without compensation, to procure employees
   84  for an employer or to procure for employees opportunities to
   85  work for an employer, and includes an agent of such a person.
   86         (8) “Florida Civil Rights Act of 1992” means ss. 760.01
   87  760.11 and 509.092.
   88         (9) “Gender identity or expression” means a gender-related
   89  identity, appearance, expression, or behavior of an individual,
   90  regardless of the individual’s assigned sex at birth.
   91         (10) “Labor organization” means any organization that
   92  exists for the purpose, in whole or in part, of collective
   93  bargaining or of dealing with employers concerning grievances,
   94  terms or conditions of employment, or other mutual aid or
   95  protection in connection with employment.
   96         (11) “Major life activities” includes, but is not limited
   97  to:
   98         (a) Caring for oneself, performing manual tasks, and
   99  functioning in a workplace environment.
  100         (b) Major bodily functions, including, but not limited to,
  101  visual, auditory, aural, and cognitive functions; functions of
  102  the immune, digestive, neurological, respiratory, circulatory,
  103  endocrine, and reproductive systems; normal cell growth; and
  104  functions of the bowel, bladder, and brain.
  105         (12)(5) “National origin” includes ancestry.
  106         (13)(6) “Person” includes an individual, association,
  107  corporation, joint apprenticeship committee, joint-stock
  108  company, labor union, legal representative, mutual company,
  109  partnership, receiver, trust, trustee in bankruptcy, or
  110  unincorporated organization; any other legal or commercial
  111  entity; the state; or any governmental entity or agency.
  112         (7) “Employer” means any person employing 15 or more
  113  employees for each working day in each of 20 or more calendar
  114  weeks in the current or preceding calendar year, and any agent
  115  of such a person.
  116         (8) “Employment agency” means any person regularly
  117  undertaking, with or without compensation, to procure employees
  118  for an employer or to procure for employees opportunities to
  119  work for an employer, and includes an agent of such a person.
  120         (9) “Labor organization” means any organization which
  121  exists for the purpose, in whole or in part, of collective
  122  bargaining or of dealing with employers concerning grievances,
  123  terms or conditions of employment, or other mutual aid or
  124  protection in connection with employment.
  125         (10) “Aggrieved person” means any person who files a
  126  complaint with the Human Relations Commission.
  127         (14)(11) “Public accommodations” means places of public
  128  accommodation, lodgings, facilities principally engaged in
  129  selling food for consumption on the premises, gasoline stations,
  130  places of exhibition or entertainment, and other covered
  131  establishments. Each of the following establishments which
  132  serves the public is a place of public accommodation within the
  133  meaning of this section:
  134         (a) Any inn, hotel, motel, or other establishment that
  135  which provides lodging to transient guests, other than an
  136  establishment located within a building that which contains not
  137  more than four rooms for rent or hire and that which is actually
  138  occupied by the proprietor of such establishment as his or her
  139  residence.
  140         (b) Any restaurant, cafeteria, lunchroom, lunch counter,
  141  soda fountain, or other facility principally engaged in selling
  142  food for consumption on the premises, including, but not limited
  143  to, any such facility located on the premises of any retail
  144  establishment, or any gasoline station.
  145         (c) Any motion picture theater, theater, concert hall,
  146  sports arena, stadium, or other place of exhibition or
  147  entertainment.
  148         (d) Any establishment that which is physically located
  149  within the premises of any establishment otherwise covered by
  150  this subsection, or within the premises of which is physically
  151  located any such covered establishment, and which holds itself
  152  out as serving patrons of such covered establishment.
  153         (15) “Sexual orientation” means an individual’s actual or
  154  perceived heterosexuality, homosexuality, or bisexuality.
  155         Section 4. Section 760.025, Florida Statutes, is created to
  156  read:
  157         760.025 Impairment.—For purposes of this part, an
  158  individual who has been subjected to an action prohibited under
  159  this chapter because of an actual or perceived physical or
  160  mental impairment, regardless of whether the impairment limits
  161  or is perceived to limit a major life activity, has an
  162  impairment. An impairment that limits one major life activity
  163  may be considered a disability; however, a transitory or minor
  164  impairment may not be considered a disability. An impairment
  165  that is episodic or in remission is considered to be a
  166  disability if it substantially limits at least one major life
  167  activity when the impairment is active or not in remission. The
  168  determination of whether an impairment substantially limits at
  169  least one major life activity must be made without regard to the
  170  ameliorative effects of mitigating measures, such as medication;
  171  medical supplies; equipment or appliances; low-vision devices,
  172  not including ordinary eyeglasses or contact lenses;
  173  prosthetics, including artificial limbs and devices, hearing
  174  aids and cochlear implants or other implantable hearing devices,
  175  and mobility devices; oxygen therapy equipment and supplies; use
  176  of assistive technology; reasonable accommodations or auxiliary
  177  aids or services, including qualified interpreters or other
  178  effective measures of making aurally delivered materials
  179  available to individuals with hearing impairments; qualified
  180  readers; taped texts or other effective methods of making
  181  visually delivered materials available to individuals with
  182  visual impairments; acquisition or modification of equipment and
  183  devices and other similar services and actions; or learned
  184  behavioral or adaptive neurological modifications.
  185         Section 5. Section 760.05, Florida Statutes, is amended to
  186  read:
  187         760.05 Functions of the commission.—The commission shall
  188  promote and encourage fair treatment and equal opportunity for
  189  all persons regardless of race, color, religion, sex, national
  190  origin, age, disability, sexual orientation, gender identity or
  191  expression handicap, or marital status and mutual understanding
  192  and respect among all members of society all economic, social,
  193  racial, religious, and ethnic groups; and the commission shall
  194  endeavor to eliminate discrimination against, and antagonism
  195  between, persons on the basis of race, color, religion, sex,
  196  national origin, age, disability, sexual orientation, gender
  197  identity or expression, or marital status religious, racial, and
  198  ethnic groups and their members.
  199         Section 6. Section 760.07, Florida Statutes, is amended to
  200  read:
  201         760.07 Remedies for unlawful discrimination.—Any violation
  202  of any Florida statute making unlawful discrimination because of
  203  race, color, religion, gender, national origin, age, disability,
  204  sexual orientation, gender identity or expression handicap, or
  205  marital status in the areas of education, employment, housing,
  206  or public accommodations gives rise to a cause of action for all
  207  relief and damages described in s. 760.11(5), unless greater
  208  damages are expressly provided for. If the statute prohibiting
  209  unlawful discrimination provides an administrative remedy, the
  210  action for equitable relief and damages provided for in this
  211  section may be initiated only after the plaintiff has exhausted
  212  his or her administrative remedy. The term “public
  213  accommodations” does not include lodge halls or other similar
  214  facilities of private organizations which are made available for
  215  public use occasionally or periodically. The right to trial by
  216  jury is preserved in any case in which the plaintiff is seeking
  217  actual or punitive damages.
  218         Section 7. Section 760.08, Florida Statutes, is amended to
  219  read:
  220         760.08 Discrimination in places of public accommodation.
  221  All persons shall be entitled to the full and equal enjoyment of
  222  the goods, services, facilities, privileges, advantages, and
  223  accommodations of any place of public accommodation, as defined
  224  in this chapter, without discrimination or segregation on the
  225  ground of race, color, national origin, sex, disability, sexual
  226  orientation, gender identity or expression handicap, familial
  227  status, or religion.
  228         Section 8. Subsections (1) and (2), paragraphs (a) and (b)
  229  of subsection (3), subsections (4), (5), and (6), and paragraph
  230  (a) of subsection (8) of section 760.10, Florida Statutes, are
  231  amended to read:
  232         760.10 Unlawful employment practices.—
  233         (1) It is an unlawful employment practice for an employer:
  234         (a) To discharge or to fail or refuse to hire any
  235  individual, or otherwise to discriminate against any individual
  236  with respect to compensation, terms, conditions, or privileges
  237  of employment, because of such individual’s race, color,
  238  religion, sex, national origin, age, disability, sexual
  239  orientation, gender identity or expression handicap, or marital
  240  status.
  241         (b) To limit, segregate, or classify employees or
  242  applicants for employment in any way which would deprive or tend
  243  to deprive any individual of employment opportunities, or
  244  adversely affect any individual’s status as an employee, because
  245  of such individual’s race, color, religion, sex, national
  246  origin, age, disability, sexual orientation, gender identity or
  247  expression handicap, or marital status.
  248         (2) It is an unlawful employment practice for an employment
  249  agency to fail or refuse to refer for employment, or otherwise
  250  to discriminate against, any individual because of race, color,
  251  religion, sex, national origin, age, disability, sexual
  252  orientation, gender identity or expression handicap, or marital
  253  status or to classify or refer for employment any individual on
  254  the basis of race, color, religion, sex, national origin, age,
  255  disability, sexual orientation, gender identity or expression
  256  handicap, or marital status.
  257         (3) It is an unlawful employment practice for a labor
  258  organization:
  259         (a) To exclude or to expel from its membership, or
  260  otherwise to discriminate against, any individual because of
  261  race, color, religion, sex, national origin, age, disability,
  262  sexual orientation, gender identity or expression handicap, or
  263  marital status.
  264         (b) To limit, segregate, or classify its membership or
  265  applicants for membership, or to classify or fail or refuse to
  266  refer for employment any individual, in any way which would
  267  deprive or tend to deprive any individual of employment
  268  opportunities, or adversely affect any individual’s status as an
  269  employee or as an applicant for employment, because of such
  270  individual’s race, color, religion, sex, national origin, age,
  271  disability, sexual orientation, gender identity or expression
  272  handicap, or marital status.
  273         (4) It is an unlawful employment practice for any employer,
  274  labor organization, or joint labor-management committee
  275  controlling apprenticeship or other training or retraining,
  276  including on-the-job training programs, to discriminate against
  277  any individual because of race, color, religion, sex, national
  278  origin, age, disability, sexual orientation, gender identity or
  279  expression handicap, or marital status in admission to, or
  280  employment in, any program established to provide apprenticeship
  281  or other training.
  282         (5) Whenever, in order to engage in a profession,
  283  occupation, or trade, it is required that a person receive a
  284  license, certification, or other credential, become a member or
  285  an associate of any club, association, or other organization, or
  286  pass any examination, it is an unlawful employment practice for
  287  any person to discriminate against any other person seeking such
  288  license, certification, or other credential, seeking to become a
  289  member or associate of such club, association, or other
  290  organization, or seeking to take or pass such examination,
  291  because of such other person’s race, color, religion, sex,
  292  national origin, age, disability, sexual orientation, gender
  293  identity or expression handicap, or marital status.
  294         (6) It is an unlawful employment practice for an employer,
  295  labor organization, employment agency, or joint labor-management
  296  committee to print, or cause to be printed or published, any
  297  notice or advertisement relating to employment, membership,
  298  classification, referral for employment, or apprenticeship or
  299  other training, indicating any preference, limitation,
  300  specification, or discrimination, based on race, color,
  301  religion, sex, national origin, age, absence of disability,
  302  sexual orientation, gender identity or expression handicap, or
  303  marital status.
  304         (8) Notwithstanding any other provision of this section, it
  305  is not an unlawful employment practice under ss. 760.01-760.10
  306  for an employer, employment agency, labor organization, or joint
  307  labor-management committee to:
  308         (a) Take or fail to take any action on the basis of
  309  religion, sex, national origin, age, disability, sexual
  310  orientation, gender identity or expression handicap, or marital
  311  status in those certain instances in which religion, sex,
  312  national origin, age, absence of a particular disability, sexual
  313  orientation, gender identity or expression handicap, or marital
  314  status is a bona fide occupational qualification reasonably
  315  necessary for the performance of the particular employment to
  316  which such action or inaction is related.
  317         Section 9. For the purpose of incorporating the amendment
  318  made by this act to section 760.10, Florida Statutes, in a
  319  reference thereto, subsection (1) of section 760.11, Florida
  320  Statutes, is reenacted to read:
  321         760.11 Administrative and civil remedies; construction.—
  322         (1) Any person aggrieved by a violation of ss. 760.01
  323  760.10 may file a complaint with the commission within 365 days
  324  of the alleged violation, naming the employer, employment
  325  agency, labor organization, or joint labor-management committee,
  326  or, in the case of an alleged violation of s. 760.10(5), the
  327  person responsible for the violation and describing the
  328  violation. Any person aggrieved by a violation of s. 509.092 may
  329  file a complaint with the commission within 365 days of the
  330  alleged violation naming the person responsible for the
  331  violation and describing the violation. The commission, a
  332  commissioner, or the Attorney General may in like manner file
  333  such a complaint. On the same day the complaint is filed with
  334  the commission, the commission shall clearly stamp on the face
  335  of the complaint the date the complaint was filed with the
  336  commission. In lieu of filing the complaint with the commission,
  337  a complaint under this section may be filed with the federal
  338  Equal Employment Opportunity Commission or with any unit of
  339  government of the state which is a fair-employment-practice
  340  agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the
  341  complaint is filed is clearly stamped on the face of the
  342  complaint, that date is the date of filing. The date the
  343  complaint is filed with the commission for purposes of this
  344  section is the earliest date of filing with the Equal Employment
  345  Opportunity Commission, the fair-employment-practice agency, or
  346  the commission. The complaint shall contain a short and plain
  347  statement of the facts describing the violation and the relief
  348  sought. The commission may require additional information to be
  349  in the complaint. The commission, within 5 days of the complaint
  350  being filed, shall by registered mail send a copy of the
  351  complaint to the person who allegedly committed the violation.
  352  The person who allegedly committed the violation may file an
  353  answer to the complaint within 25 days of the date the complaint
  354  was filed with the commission. Any answer filed shall be mailed
  355  to the aggrieved person by the person filing the answer. Both
  356  the complaint and the answer shall be verified.
  357         Section 10. Section 509.092, Florida Statutes, is amended
  358  to read:
  359         509.092 Public lodging establishments and public food
  360  service establishments; rights as private enterprises.—Public
  361  lodging establishments and public food service establishments
  362  are private enterprises, and the operator has the right to
  363  refuse accommodations or service to any person who is
  364  objectionable or undesirable to the operator, but such refusal
  365  may not be based upon race, creed, color, sex, physical
  366  disability, sexual orientation, gender identity or expression,
  367  or national origin. A person aggrieved by a violation of this
  368  section or a violation of a rule adopted under this section has
  369  a right of action pursuant to s. 760.11.
  370         Section 11. Section 760.22, Florida Statutes, is amended to
  371  read:
  372         760.22 Definitions.—As used in ss. 760.20-760.37, the term:
  373         (1) “Commission” means the Florida Commission on Human
  374  Relations.
  375         (2) “Covered multifamily dwelling” means:
  376         (a) A building that which consists of four or more units
  377  and has an elevator; or
  378         (b) The ground floor units of a building that which
  379  consists of four or more units and does not have an elevator.
  380         (3) “Disability” has the same meaning as provided in s.
  381  760.02.
  382         (4)(3) “Discriminatory housing practice” means an act that
  383  is unlawful under the terms of ss. 760.20-760.37.
  384         (5)(4) “Dwelling” means any building or structure, or
  385  portion thereof, which is occupied as, or designed or intended
  386  for occupancy as, a residence by one or more families, and any
  387  vacant land that which is offered for sale or lease for the
  388  construction or location on the land of any such building or
  389  structure, or portion thereof.
  390         (6)(5) “Familial status” is established when an individual
  391  who has not attained the age of 18 years is domiciled with:
  392         (a) A parent or other person having legal custody of such
  393  individual; or
  394         (b) A designee of a parent or other person having legal
  395  custody, with the written permission of such parent or other
  396  person.
  397         (7)(6) “Family” includes a single individual.
  398         (8) “Gender identity or expression” has the same meaning as
  399  provided in s. 760.02.
  400         (9) “Major life activities” has the same meaning as
  401  provided in s. 760.02.
  402         (7) “Handicap” means:
  403         (a) A person has a physical or mental impairment which
  404  substantially limits one or more major life activities, or he or
  405  she has a record of having, or is regarded as having, such
  406  physical or mental impairment; or
  407         (b) A person has a developmental disability as defined in
  408  s. 393.063.
  409         (10)(8) “Person” includes one or more individuals,
  410  corporations, partnerships, associations, labor organizations,
  411  legal representatives, mutual companies, joint-stock companies,
  412  trusts, unincorporated organizations, trustees, trustees in
  413  bankruptcy, receivers, and fiduciaries.
  414         (11) “Sexual orientation” has the same meaning as provided
  415  in s. 760.02.
  416         (12)(9) “Substantially equivalent” means an administrative
  417  subdivision of the State of Florida meeting the requirements of
  418  24 C.F.R. part 115, s. 115.6.
  419         (13) “Substantially limits” means to materially restrict an
  420  individual’s ability.
  421         (14)(10) “To rent” includes to lease, to sublease, to let,
  422  and otherwise to grant for a consideration the right to occupy
  423  premises not owned by the occupant.
  424         (15) “Transitory or minor impairment” means any impairment
  425  having an actual, apparent, or expected duration of 6 months or
  426  less.
  427         Section 12. Section 760.225, Florida Statutes, is created
  428  to read:
  429         760.225 Impairment.—For purposes of this part, an
  430  individual who has been subjected to an action prohibited under
  431  this chapter because of an actual or perceived physical or
  432  mental impairment, regardless of whether the impairment limits
  433  or is perceived to limit a major life activity, has an
  434  impairment. An impairment that limits one major life activity
  435  may be considered a disability; however, a transitory or minor
  436  impairment may not be considered a disability. An impairment
  437  that is episodic or in remission is considered a disability if
  438  it substantially limits at least one major life activity when
  439  the impairment is active or not in remission. The determination
  440  of whether an impairment substantially limits a major life
  441  activity must be made without regard to the ameliorative effects
  442  of mitigating measures, such as medication; medical supplies;
  443  equipment or appliances; low-vision devices, not including
  444  ordinary eyeglasses or contact lenses; prosthetics, including
  445  artificial limbs and devices, hearing aids and cochlear implants
  446  or other implantable hearing devices, and mobility devices;
  447  oxygen therapy equipment and supplies; use of assistive
  448  technology; reasonable accommodations or auxiliary aids or
  449  services, including qualified interpreters or other effective
  450  measures of making aurally delivered materials available to
  451  individuals with hearing impairments; qualified readers; taped
  452  texts or other effective methods of making visually delivered
  453  materials available to individuals with visual impairments;
  454  acquisition or modification of equipment and devices and other
  455  similar services and actions; or learned behavioral or adaptive
  456  neurological modifications.
  457         Section 13. Subsections (1), (2), (3), (4), (5), (7), (8),
  458  and (9) and paragraphs (a) and (d) of subsection (10) of section
  459  760.23, Florida Statutes, are amended to read:
  460         760.23 Discrimination in the sale or rental of housing and
  461  other prohibited practices.—
  462         (1) It is unlawful to refuse to sell or rent after the
  463  making of a bona fide offer, to refuse to negotiate for the sale
  464  or rental of, or otherwise to make unavailable or deny a
  465  dwelling to any person because of race, color, national origin,
  466  sex, disability, sexual orientation, gender identity or
  467  expression handicap, familial status, or religion.
  468         (2) It is unlawful to discriminate against any person in
  469  the terms, conditions, or privileges of sale or rental of a
  470  dwelling, or in the provision of services or facilities in
  471  connection therewith, because of race, color, national origin,
  472  sex, disability, sexual orientation, gender identity or
  473  expression handicap, familial status, or religion.
  474         (3) It is unlawful to make, print, or publish, or cause to
  475  be made, printed, or published, any notice, statement, or
  476  advertisement with respect to the sale or rental of a dwelling
  477  that indicates any preference, limitation, or discrimination
  478  based on race, color, national origin, sex, disability, sexual
  479  orientation, gender identity or expression handicap, familial
  480  status, or religion or an intention to make any such preference,
  481  limitation, or discrimination.
  482         (4) It is unlawful to represent to any person because of
  483  race, color, national origin, sex, disability, sexual
  484  orientation, gender identity or expression handicap, familial
  485  status, or religion that any dwelling is not available for
  486  inspection, sale, or rental when such dwelling is in fact so
  487  available.
  488         (5) It is unlawful, for profit, to induce or attempt to
  489  induce any person to sell or rent any dwelling by a
  490  representation regarding the entry or prospective entry into the
  491  neighborhood of a person or persons of a particular race, color,
  492  national origin, sex, disability, sexual orientation, gender
  493  identity or expression handicap, familial status, or religion.
  494         (7) It is unlawful to discriminate in the sale or rental
  495  of, or to otherwise make unavailable or deny, a dwelling to any
  496  buyer or renter because of a disability handicap of:
  497         (a) That buyer or renter;
  498         (b) A person residing in or intending to reside in that
  499  dwelling after it is sold, rented, or made available; or
  500         (c) Any person associated with the buyer or renter.
  501         (8) It is unlawful to discriminate against any person in
  502  the terms, conditions, or privileges of sale or rental of a
  503  dwelling, or in the provision of services or facilities in
  504  connection with such dwelling, because of a disability handicap
  505  of:
  506         (a) That buyer or renter;
  507         (b) A person residing in or intending to reside in that
  508  dwelling after it is sold, rented, or made available; or
  509         (c) Any person associated with the buyer or renter.
  510         (9) For purposes of subsections (7) and (8), discrimination
  511  includes:
  512         (a) A refusal to permit, at the expense of the handicapped
  513  person who has a disability, reasonable modifications of
  514  existing premises occupied or to be occupied by such person if
  515  such modifications may be necessary to afford such person full
  516  enjoyment of the premises; or
  517         (b) A refusal to make reasonable accommodations in rules,
  518  policies, practices, or services, when such accommodations may
  519  be necessary to afford such person equal opportunity to use and
  520  enjoy a dwelling.
  521         (10) Covered multifamily dwellings as defined herein which
  522  are intended for first occupancy after March 13, 1991, shall be
  523  designed and constructed to have at least one building entrance
  524  on an accessible route unless it is impractical to do so because
  525  of the terrain or unusual characteristics of the site as
  526  determined by commission rule. Such buildings shall also be
  527  designed and constructed in such a manner that:
  528         (a) The public use and common use portions of such
  529  dwellings are readily accessible to and usable by handicapped
  530  persons who have disabilities.
  531         (d) Compliance with the appropriate requirements of the
  532  American National Standards Institute for buildings and
  533  facilities providing accessibility and usability for physically
  534  handicapped people who have physical disabilities, commonly
  535  cited as ANSI A117.1-1986, suffices to satisfy the requirements
  536  of paragraph (c).
  537  
  538  State agencies with building construction regulation
  539  responsibility or local governments, as appropriate, shall
  540  review the plans and specifications for the construction of
  541  covered multifamily dwellings to determine consistency with the
  542  requirements of this subsection.
  543         Section 14. Section 760.24, Florida Statutes, is amended to
  544  read:
  545         760.24 Discrimination in the provision of brokerage
  546  services.—It is unlawful to deny any person access to, or
  547  membership or participation in, any multiple-listing service,
  548  real estate brokers’ organization, or other service,
  549  organization, or facility relating to the business of selling or
  550  renting dwellings, or to discriminate against him or her in the
  551  terms or conditions of such access, membership, or
  552  participation, on account of race, color, national origin, sex,
  553  disability, sexual orientation, gender identity or expression
  554  handicap, familial status, or religion.
  555         Section 15. Subsection (1) and paragraph (a) of subsection
  556  (2) of section 760.25, Florida Statutes, are amended to read:
  557         760.25 Discrimination in the financing of housing or in
  558  residential real estate transactions.—
  559         (1) It is unlawful for any bank, building and loan
  560  association, insurance company, or other corporation,
  561  association, firm, or enterprise the business of which consists
  562  in whole or in part of the making of commercial real estate
  563  loans to deny a loan or other financial assistance to a person
  564  applying for the loan for the purpose of purchasing,
  565  constructing, improving, repairing, or maintaining a dwelling,
  566  or to discriminate against him or her in the fixing of the
  567  amount, interest rate, duration, or other term or condition of
  568  such loan or other financial assistance, because of the race,
  569  color, national origin, sex, disability, sexual orientation,
  570  gender identity or expression handicap, familial status, or
  571  religion of such person or of any person associated with him or
  572  her in connection with such loan or other financial assistance
  573  or the purposes of such loan or other financial assistance, or
  574  because of the race, color, national origin, sex, disability,
  575  sexual orientation, gender identity or expression handicap,
  576  familial status, or religion of the present or prospective
  577  owners, lessees, tenants, or occupants of the dwelling or
  578  dwellings in relation to which such loan or other financial
  579  assistance is to be made or given.
  580         (2)(a) It is unlawful for any person or entity whose
  581  business includes engaging in residential real estate
  582  transactions to discriminate against any person in making
  583  available such a transaction, or in the terms or conditions of
  584  such a transaction, because of race, color, national origin,
  585  sex, disability, sexual orientation, gender identity or
  586  expression handicap, familial status, or religion.
  587         Section 16. Section 760.26, Florida Statutes, is amended to
  588  read:
  589         760.26 Prohibited discrimination in land use decisions and
  590  in permitting of development.—It is unlawful to discriminate in
  591  land use decisions or in the permitting of development based on
  592  race, color, national origin, sex, sexual orientation, gender
  593  identity or expression, disability, familial status, religion,
  594  or, except as otherwise provided by law, the source of financing
  595  of a development or proposed development.
  596         Section 17. Paragraph (a) of subsection (5) of section
  597  760.29, Florida Statutes, is amended to read:
  598         760.29 Exemptions.—
  599         (5) Nothing in ss. 760.20-760.37:
  600         (a) Prohibits a person engaged in the business of
  601  furnishing appraisals of real property from taking into
  602  consideration factors other than race, color, national origin,
  603  sex, disability, sexual orientation, gender identity or
  604  expression handicap, familial status, or religion.
  605         Section 18. Subsection (5) of section 760.31, Florida
  606  Statutes, is amended to read:
  607         760.31 Powers and duties of commission.—The commission
  608  shall:
  609         (5) Adopt rules necessary to implement ss. 760.20-760.37
  610  and govern the proceedings of the commission in accordance with
  611  chapter 120. Commission rules shall clarify terms used with
  612  regard to handicapped accessibility for persons with
  613  disabilities, exceptions from accessibility requirements based
  614  on terrain or site characteristics, and requirements related to
  615  housing for older persons. Commission rules shall specify the
  616  fee and the forms and procedures to be used for the registration
  617  required by s. 760.29(4)(e).
  618         Section 19. Subsection (2) of section 760.50, Florida
  619  Statutes, is amended to read:
  620         760.50 Discrimination on the basis of AIDS, AIDS-related
  621  complex, and HIV prohibited.—
  622         (2) Any person with or perceived as having acquired immune
  623  deficiency syndrome, acquired immune deficiency syndrome related
  624  complex, or human immunodeficiency virus shall have every
  625  protection made available to handicapped persons with
  626  disabilities.
  627         Section 20. Subsection (1) of section 760.60, Florida
  628  Statutes, is amended to read:
  629         760.60 Discriminatory practices of certain clubs
  630  prohibited; remedies.—
  631         (1) It is unlawful for a person to discriminate against any
  632  individual because of race, color, religion, gender, national
  633  origin, disability, sexual orientation, gender identity or
  634  expression handicap, age above the age of 21, or marital status
  635  in evaluating an application for membership in a club that has
  636  more than 400 members, that provides regular meal service, and
  637  that regularly receives payment for dues, fees, use of space,
  638  facilities, services, meals, or beverages directly or indirectly
  639  from nonmembers for business purposes. It is unlawful for a
  640  person, on behalf of such a club, to publish, circulate, issue,
  641  display, post, or mail any advertisement, notice, or
  642  solicitation that contains a statement to the effect that the
  643  accommodations, advantages, facilities, membership, or
  644  privileges of the club are denied to any individual because of
  645  race, color, religion, gender, national origin, disability,
  646  sexual orientation, gender identity or expression handicap, age
  647  above the age of 21, or marital status. This subsection does not
  648  apply to fraternal or benevolent organizations, ethnic clubs, or
  649  religious organizations where business activity is not
  650  prevalent.
  651         Section 21. Paragraph (e) of subsection (1) of section
  652  419.001, Florida Statutes, is amended to read:
  653         419.001 Site selection of community residential homes.—
  654         (1) For the purposes of this section, the term:
  655         (e) “Resident” means any of the following: a frail elder as
  656  defined in s. 429.65; a person with a disability who has a
  657  handicap as defined in s. 760.02 s. 760.22(7)(a); a person who
  658  has a developmental disability as defined in s. 393.063; a
  659  nondangerous person who has a mental illness as defined in s.
  660  394.455; or a child who is found to be dependent as defined in
  661  s. 39.01 or s. 984.03, or a child in need of services as defined
  662  in s. 984.03 or s. 985.03.
  663         Section 22. This act shall take effect July 1, 2012.