Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 120
       
       
       
       
       
       
                                Ì873568VÎ873568                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Soto) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Florida
    6  Competitive Workforce Act.”
    7         Section 2. Subsection (1) of section 760.01, Florida
    8  Statutes, is republished, and subsection (2) of that section is
    9  amended, to read:
   10         760.01 Purposes; construction; title.—
   11         (1) Sections 760.01-760.11 and 509.092 shall be cited as
   12  the “Florida Civil Rights Act of 1992.”
   13         (2) The general purposes of the Florida Civil Rights Act of
   14  1992 are to secure for all individuals within the state freedom
   15  from discrimination because of race, color, religion, sex,
   16  pregnancy, national origin, age, sexual orientation, gender
   17  identity or expression, disability handicap, or marital status
   18  and thereby to protect their interest in personal dignity, to
   19  make available to the state their full productive capacities, to
   20  secure the state against domestic strife and unrest, to preserve
   21  the public safety, health, and general welfare, and to promote
   22  the interests, rights, and privileges of individuals within the
   23  state.
   24         Section 3. Section 760.02, Florida Statutes, is reordered
   25  and amended to read:
   26         760.02 Definitions.—For the purposes of ss. 760.01-760.11
   27  and 509.092, the term:
   28         (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
   29  760.11 and 509.092.
   30         (2) “Commission” means the Florida Commission on Human
   31  Relations created by s. 760.03.
   32         (3) “Commissioner” or “member” means a member of the
   33  commission.
   34         (4) “Discriminatory practice” means any practice made
   35  unlawful by the Florida Civil Rights Act of 1992.
   36         (10)(5) “National origin” includes ancestry.
   37         (11)(6) “Person” includes an individual, association,
   38  corporation, joint apprenticeship committee, joint-stock
   39  company, labor union, legal representative, mutual company,
   40  partnership, receiver, trust, trustee in bankruptcy, or
   41  unincorporated organization; any other legal or commercial
   42  entity; the state; or any governmental entity or agency.
   43         (5)(7) “Employer” means any person employing 15 or more
   44  employees for each working day in each of 20 or more calendar
   45  weeks in the current or preceding calendar year, and any agent
   46  of such a person.
   47         (6)(8) “Employment agency” means any person regularly
   48  undertaking, with or without compensation, to procure employees
   49  for an employer or to procure for employees opportunities to
   50  work for an employer, and includes an agent of such a person.
   51         (8) “Gender identity or expression” means gender-related
   52  identity, appearance, or behavior, regardless of whether such
   53  gender-related identity, appearance, or behavior is different
   54  from that traditionally associated with the person’s physiology
   55  or assigned sex at birth, and which gender-related identity can
   56  be shown by the person providing evidence, including, but not
   57  limited to:
   58         (a) Medical history, care, or treatment of the gender
   59  related identity;
   60         (b) Consistent and uniform assertion of the gender-related
   61  identity; or
   62         (c) Other evidence that the gender-related identity is a
   63  sincerely held part of a person’s core identity and is not being
   64  asserted for an improper purpose.
   65         (9) “Labor organization” means any organization which
   66  exists for the purpose, in whole or in part, of collective
   67  bargaining or of dealing with employers concerning grievances,
   68  terms or conditions of employment, or other mutual aid or
   69  protection in connection with employment.
   70         (1)(10) “Aggrieved person” means any person who files a
   71  complaint with the Florida Commission on Human Relations
   72  Commission.
   73         (12)(11) “Public accommodations” means places of public
   74  accommodation, lodgings, facilities principally engaged in
   75  selling food for consumption on the premises, gasoline stations,
   76  places of exhibition or entertainment, and other covered
   77  establishments. Each of the following establishments which
   78  serves the public is a place of public accommodation within the
   79  meaning of this section:
   80         (a) Any inn, hotel, motel, or other establishment that
   81  which provides lodging to transient guests, other than an
   82  establishment located within a building that which contains not
   83  more than four rooms for rent or hire and that which is actually
   84  occupied by the proprietor of such establishment as his or her
   85  residence.
   86         (b) Any restaurant, cafeteria, lunchroom, lunch counter,
   87  soda fountain, or other facility principally engaged in selling
   88  food for consumption on the premises, including, but not limited
   89  to, any such facility located on the premises of any retail
   90  establishment, or any gasoline station.
   91         (c) Any motion picture theater, theater, concert hall,
   92  sports arena, stadium, or other place of exhibition or
   93  entertainment.
   94         (d) Any establishment that which is physically located
   95  within the premises of any establishment otherwise covered by
   96  this subsection, or within the premises of which is physically
   97  located any such covered establishment, and that which holds
   98  itself out as serving patrons of such covered establishment.
   99         (13) “Sexual orientation” means an individual’s
  100  heterosexuality, homosexuality, or bisexuality.
  101         Section 4. Section 760.05, Florida Statutes, is amended to
  102  read:
  103         760.05 Functions of the commission.—The commission shall
  104  promote and encourage fair treatment and equal opportunity for
  105  all persons regardless of race, color, religion, sex, pregnancy,
  106  national origin, age, sexual orientation, gender identity or
  107  expression, disability handicap, or marital status and mutual
  108  understanding and respect among all members of society. The
  109  commission all economic, social, racial, religious, and ethnic
  110  groups; and shall endeavor to eliminate discrimination against,
  111  and antagonism between, persons on the basis of race, color,
  112  religion, sex, pregnancy, national origin, age, sexual
  113  orientation, gender identity or expression, disability, or
  114  marital status religious, racial, and ethnic groups and their
  115  members.
  116         Section 5. Section 760.07, Florida Statutes, is amended to
  117  read:
  118         760.07 Remedies for unlawful discrimination.—Any violation
  119  of any Florida statute making unlawful discrimination because of
  120  race, color, religion, gender, pregnancy, national origin, age,
  121  sexual orientation, gender identity or expression, disability
  122  handicap, or marital status in the areas of education,
  123  employment, housing, or public accommodations gives rise to a
  124  cause of action for all relief and damages described in s.
  125  760.11(5), unless greater damages are expressly provided for. If
  126  the statute prohibiting unlawful discrimination provides an
  127  administrative remedy, the action for equitable relief and
  128  damages provided for in this section may be initiated only after
  129  the plaintiff has exhausted his or her administrative remedy.
  130  The term “public accommodations” does not include lodge halls or
  131  other similar facilities of private organizations which are made
  132  available for public use occasionally or periodically. The right
  133  to trial by jury is preserved in any case in which the plaintiff
  134  is seeking actual or punitive damages.
  135         Section 6. Section 760.08, Florida Statutes, is amended to
  136  read:
  137         760.08 Discrimination in places of public accommodation.
  138  All persons are entitled to the full and equal enjoyment of the
  139  goods, services, facilities, privileges, advantages, and
  140  accommodations of any place of public accommodation without
  141  discrimination or segregation on the ground of race, color,
  142  national origin, sex, sexual orientation, gender identity or
  143  expression, pregnancy, disability handicap, familial status, or
  144  religion.
  145         Section 7. Subsections (1) and (2), paragraphs (a) and (b)
  146  of subsection (3), subsections (4), (5), and (6), paragraph (a)
  147  of subsection (8), and subsection (9) of section 760.10, Florida
  148  Statutes, are amended, and subsection (10) of that section is
  149  republished, to read:
  150         760.10 Unlawful employment practices.—
  151         (1) It is an unlawful employment practice for an employer:
  152         (a) To discharge or to fail or refuse to hire any
  153  individual, or otherwise to discriminate against any individual
  154  with respect to compensation, terms, conditions, or privileges
  155  of employment, because of such individual’s race, color,
  156  religion, sex, pregnancy, national origin, age, sexual
  157  orientation, gender identity or expression, disability handicap,
  158  or marital status.
  159         (b) To limit, segregate, or classify employees or
  160  applicants for employment in any way that which would deprive or
  161  tend to deprive any individual of employment opportunities, or
  162  adversely affect any individual’s status as an employee, because
  163  of such individual’s race, color, religion, sex, pregnancy,
  164  national origin, age, sexual orientation, gender identity or
  165  expression, disability handicap, or marital status.
  166         (2) It is an unlawful employment practice for an employment
  167  agency to fail or refuse to refer for employment, or otherwise
  168  to discriminate against, any individual because of race, color,
  169  religion, sex, pregnancy, national origin, age, sexual
  170  orientation, gender identity or expression, disability handicap,
  171  or marital status or to classify or refer for employment any
  172  individual on the basis of race, color, religion, sex,
  173  pregnancy, national origin, age, sexual orientation, gender
  174  identity or expression, disability handicap, or marital status.
  175         (3) It is an unlawful employment practice for a labor
  176  organization:
  177         (a) To exclude or to expel from its membership, or
  178  otherwise to discriminate against, any individual because of
  179  race, color, religion, sex, pregnancy, national origin, age,
  180  sexual orientation, gender identity or expression, disability
  181  handicap, or marital status.
  182         (b) To limit, segregate, or classify its membership or
  183  applicants for membership, or to classify or fail or refuse to
  184  refer for employment any individual, in any way that would
  185  deprive or tend to deprive any individual of employment
  186  opportunities, or adversely affect any individual’s status as an
  187  employee or as an applicant for employment, because of such
  188  individual’s race, color, religion, sex, pregnancy, national
  189  origin, age, sexual orientation, gender identity or expression,
  190  disability handicap, or marital status.
  191         (4) It is an unlawful employment practice for any employer,
  192  labor organization, or joint labor-management committee
  193  controlling apprenticeship or other training or retraining,
  194  including on-the-job training programs, to discriminate against
  195  any individual because of race, color, religion, sex, pregnancy,
  196  national origin, age, sexual orientation, gender identity or
  197  expression, disability handicap, or marital status in admission
  198  to, or employment in, any program established to provide
  199  apprenticeship or other training.
  200         (5) Whenever, in order to engage in a profession,
  201  occupation, or trade, it is required that a person receive a
  202  license, certification, or other credential;, become a member or
  203  an associate of any club, association, or other organization;,
  204  or pass any examination, it is an unlawful employment practice
  205  for any person to discriminate against any other person seeking
  206  such license, certification, or other credential;, seeking to
  207  become a member or associate of such club, association, or other
  208  organization;, or seeking to take or pass such examination,
  209  because of such other person’s race, color, religion, sex,
  210  pregnancy, national origin, age, sexual orientation, gender
  211  identity or expression, disability handicap, or marital status.
  212         (6) It is an unlawful employment practice for an employer,
  213  a labor organization, an employment agency, or a joint labor
  214  management committee to print, or cause to be printed or
  215  published, any notice or advertisement relating to employment,
  216  membership, classification, referral for employment, or
  217  apprenticeship or other training which indicates, indicating any
  218  preference, limitation, specification, or discrimination, based
  219  on race, color, religion, sex, pregnancy, national origin, age,
  220  sexual orientation, gender identity or expression, absence of
  221  disability handicap, or marital status.
  222         (8) Notwithstanding any other provision of this section, it
  223  is not an unlawful employment practice under ss. 760.01-760.10
  224  for an employer, employment agency, labor organization, or joint
  225  labor-management committee to:
  226         (a) Take or fail to take any action on the basis of
  227  religion, sex, pregnancy, national origin, age, sexual
  228  orientation, gender identity or expression, disability handicap,
  229  or marital status in those certain instances in which religion,
  230  sex, condition of pregnancy, national origin, age, sexual
  231  orientation, gender identity or expression, absence of a
  232  particular disability handicap, or marital status is a bona fide
  233  occupational qualification reasonably necessary for the
  234  performance of the particular employment to which such action or
  235  inaction is related.
  236         (9)(a) This section does shall not apply to any religious
  237  corporation, association, educational institution, or society
  238  which conditions opportunities in the area of employment or
  239  public accommodation to members of that religious corporation,
  240  association, educational institution, or society or to persons
  241  who subscribe to its tenets or beliefs.
  242         (b) This section does shall not prohibit a religious
  243  corporation, association, educational institution, or society
  244  from giving preference in employment to individuals of a
  245  particular religion to perform work connected with the carrying
  246  on by such corporations, associations, educational institutions,
  247  or societies of its various activities.
  248         (c) This section and s. 760.08 do not limit the free
  249  exercise of religion guaranteed by the United States
  250  Constitution and the State Constitution.
  251         (10) Each employer, employment agency, and labor
  252  organization shall post and keep posted in conspicuous places
  253  upon its premises a notice provided by the commission setting
  254  forth such information as the commission deems appropriate to
  255  effectuate the purposes of ss. 760.01-760.10.
  256         Section 8. Section 509.092, Florida Statutes, is amended to
  257  read:
  258         509.092 Public lodging establishments and public food
  259  service establishments; rights as private enterprises.—
  260         (1) Public lodging establishments and public food service
  261  establishments are private enterprises, and the operator has the
  262  right to refuse accommodations or service to any person who is
  263  objectionable or undesirable to the operator, but such refusal
  264  may not be based upon race, creed, color, sex, pregnancy,
  265  physical disability, sexual orientation, gender identity or
  266  expression, or national origin.
  267         (2) A person aggrieved by a violation of this section or a
  268  violation of a rule adopted under this section has a right of
  269  action pursuant to s. 760.11.
  270         (3) This section does not limit the free exercise of
  271  religion guaranteed by the United States Constitution and the
  272  State Constitution.
  273         Section 9. Section 760.22, Florida Statutes, is reordered
  274  and amended to read:
  275         760.22 Definitions.—As used in this part ss. 760.20-760.37,
  276  the term:
  277         (1) “Commission” means the Florida Commission on Human
  278  Relations.
  279         (2) “Covered multifamily dwelling” means:
  280         (a) A building that which consists of four or more units
  281  and has an elevator; or
  282         (b) The ground floor units of a building that which
  283  consists of four or more units and does not have an elevator.
  284         (4)(3) “Discriminatory housing practice” means an act that
  285  is unlawful under the terms of this part ss. 760.20-760.37.
  286         (5)(4) “Dwelling” means any building or structure, or
  287  portion thereof, which is occupied as, or designed or intended
  288  for occupancy as, a residence by one or more families, and any
  289  vacant land that which is offered for sale or lease for the
  290  construction or location on the land of any such building or
  291  structure, or portion thereof.
  292         (6)(5) “Familial status” is established when an individual
  293  who has not attained the age of 18 years is domiciled with:
  294         (a) A parent or other person having legal custody of such
  295  individual; or
  296         (b) A designee of a parent or other person having legal
  297  custody, with the written permission of such parent or other
  298  person.
  299         (7)(6) “Family” includes a single individual.
  300         (8) “Gender identity or expression” has the same meaning as
  301  provided in s. 760.02.
  302         (3)(7) “Disability Handicap” means:
  303         (a) A person has a physical or mental impairment that which
  304  substantially limits one or more major life activities for a
  305  person who has, or he or she has a record of having, or is
  306  regarded as having that, such physical or mental impairment; or
  307         (b) A person has a developmental disability as defined in
  308  s. 393.063.
  309         (9)(8) “Person” includes one or more individuals,
  310  corporations, partnerships, associations, labor organizations,
  311  legal representatives, mutual companies, joint-stock companies,
  312  trusts, unincorporated organizations, trustees, trustees in
  313  bankruptcy, receivers, and fiduciaries.
  314         (10) “Sexual orientation” has the same meaning as provided
  315  in s. 760.02.
  316         (11)(9) “Substantially equivalent” means an administrative
  317  subdivision of the State of Florida meeting the requirements of
  318  24 C.F.R. part 115, s. 115.6.
  319         (12)(10) “To rent” includes to lease, to sublease, to let,
  320  and otherwise to grant for a consideration the right to occupy
  321  premises not owned by the occupant.
  322         Section 10. Subsections (1) - (5) of section 760.23,
  323  Florida Statutes, are amended to read:
  324         760.23 Discrimination in the sale or rental of housing and
  325  other prohibited practices.—
  326         (1) It is unlawful to refuse to sell or rent after the
  327  making of a bona fide offer, to refuse to negotiate for the sale
  328  or rental of, or otherwise to make unavailable or deny a
  329  dwelling to any person because of race, color, national origin,
  330  sex, sexual orientation, gender identity or expression,
  331  disability handicap, familial status, or religion.
  332         (2) It is unlawful to discriminate against any person in
  333  the terms, conditions, or privileges of sale or rental of a
  334  dwelling, or in the provision of services or facilities in
  335  connection therewith, because of race, color, national origin,
  336  sex, sexual orientation, gender identity or expression,
  337  disability handicap, familial status, or religion.
  338         (3) It is unlawful to make, print, or publish, or cause to
  339  be made, printed, or published, any notice, statement, or
  340  advertisement with respect to the sale or rental of a dwelling
  341  that indicates any preference, limitation, or discrimination
  342  based on race, color, national origin, sex, sexual orientation,
  343  gender identity or expression, disability handicap, familial
  344  status, or religion or an intention to make any such preference,
  345  limitation, or discrimination.
  346         (4) It is unlawful to represent to any person because of
  347  the person’s race, color, national origin, sex, sexual
  348  orientation, gender identity or expression, disability handicap,
  349  familial status, or religion that any dwelling is not available
  350  for inspection, sale, or rental when such dwelling is in fact so
  351  available.
  352         (5) It is unlawful, for profit, to induce or attempt to
  353  induce any person to sell or rent any dwelling by a
  354  representation regarding the entry or prospective entry into the
  355  neighborhood of a person or persons of a particular race, color,
  356  national origin, sex, sexual orientation, gender identity or
  357  expression, disability handicap, familial status, or religion.
  358         Section 11. Section 760.24, Florida Statutes, is amended to
  359  read:
  360         760.24 Discrimination in the provision of brokerage
  361  services.—It is unlawful to deny any person access to, or
  362  membership or participation in, any multiple-listing service,
  363  real estate brokers’ organization, or other service,
  364  organization, or facility relating to the business of selling or
  365  renting dwellings, or to discriminate against him or her in the
  366  terms or conditions of such access, membership, or
  367  participation, because on account of race, color, national
  368  origin, sex, sexual orientation, gender identity or expression,
  369  disability handicap, familial status, or religion.
  370         Section 12. Subsection (1) and paragraph (a) of subsection
  371  (2) of section 760.25, Florida Statutes, are amended to read:
  372         760.25 Discrimination in the financing of housing or in
  373  residential real estate transactions.—
  374         (1) It is unlawful for any bank, building and loan
  375  association, insurance company, or other corporation,
  376  association, firm, or enterprise the business of which consists
  377  in whole or in part of the making of commercial real estate
  378  loans to deny a loan or other financial assistance to a person
  379  applying for the loan for the purpose of purchasing,
  380  constructing, improving, repairing, or maintaining a dwelling,
  381  or to discriminate against him or her in the fixing of the
  382  amount, interest rate, duration, or other term or condition of
  383  such loan or other financial assistance, because of the race,
  384  color, national origin, sex, sexual orientation, gender identity
  385  or expression, disability handicap, familial status, or religion
  386  of such person or of any person associated with him or her in
  387  connection with such loan or other financial assistance or the
  388  purposes of such loan or other financial assistance, or because
  389  of the race, color, national origin, sex, sexual orientation,
  390  gender identity or expression, disability handicap, familial
  391  status, or religion of the present or prospective owners,
  392  lessees, tenants, or occupants of the dwelling or dwellings in
  393  relation to which such loan or other financial assistance is to
  394  be made or given.
  395         (2)(a) It is unlawful for any person or entity whose
  396  business includes engaging in residential real estate
  397  transactions to discriminate against any person in making
  398  available such a transaction, or in the terms or conditions of
  399  such a transaction, because of race, color, national origin,
  400  sex, sexual orientation, gender identity or expression,
  401  disability handicap, familial status, or religion.
  402         Section 13. Section 760.26, Florida Statutes, is amended to
  403  read:
  404         760.26 Prohibited discrimination in land use decisions and
  405  in permitting of development.—It is unlawful to discriminate in
  406  land use decisions or in the permitting of development based on
  407  race, color, national origin, sex, sexual orientation, gender
  408  identity or expression, disability, familial status, religion,
  409  or, except as otherwise provided by law, the source of financing
  410  of a development or proposed development.
  411         Section 14. Paragraph (a) of subsection (5) of section
  412  760.29, Florida Statutes, is amended to read:
  413         760.29 Exemptions.—
  414         (5) Nothing in ss. 760.20-760.37:
  415         (a) Prohibits a person engaged in the business of
  416  furnishing appraisals of real property from taking into
  417  consideration factors other than race, color, national origin,
  418  sex, sexual orientation, gender identity or expression,
  419  disability handicap, familial status, or religion.
  420         Section 15. Subsection (1) of section 760.60, Florida
  421  Statutes, is amended to read:
  422         760.60 Discriminatory practices of certain clubs
  423  prohibited; remedies.—
  424         (1) It is unlawful for a person to discriminate against any
  425  individual because of race, color, religion, gender, national
  426  origin, disability handicap, age above the age of 21, sexual
  427  orientation, gender identity or expression, or marital status in
  428  evaluating an application for membership in a club that has more
  429  than 400 members, that provides regular meal service, and that
  430  regularly receives payment for dues, fees, use of space,
  431  facilities, services, meals, or beverages directly or indirectly
  432  from nonmembers for business purposes. It is unlawful for a
  433  person, on behalf of such a club, to publish, circulate, issue,
  434  display, post, or mail any advertisement, notice, or
  435  solicitation that contains a statement to the effect that the
  436  accommodations, advantages, facilities, membership, or
  437  privileges of the club are denied to any individual because of
  438  race, color, religion, gender, national origin, disability
  439  handicap, age above the age of 21, sexual orientation, gender
  440  identity or expression, or marital status. This subsection does
  441  not apply to fraternal or benevolent organizations, ethnic
  442  clubs, or religious organizations where business activity is not
  443  prevalent.
  444         Section 16. Paragraph (e) of subsection (1) of section
  445  419.001, Florida Statutes, is amended to read:
  446         419.001 Site selection of community residential homes.—
  447         (1) For the purposes of this section, the term:
  448         (e) “Resident” means any of the following: a frail elder as
  449  defined in s. 429.65; a person who has a disability handicap as
  450  defined in s. 760.22(3)(a) s. 760.22(7)(a); a person who has a
  451  developmental disability as defined in s. 393.063; a
  452  nondangerous person who has a mental illness as defined in s.
  453  394.455; or a child who is found to be dependent as defined in
  454  s. 39.01 or s. 984.03, or a child in need of services as defined
  455  in s. 984.03 or s. 985.03.
  456         Section 17. This act shall take effect July 1, 2016.
  457  
  458  ================= T I T L E  A M E N D M E N T ================
  459  And the title is amended as follows:
  460         Delete everything before the enacting clause
  461  and insert:
  462                        A bill to be entitled                      
  463         An act relating to prohibited discrimination; creating
  464         the “Florida Competitive Workforce Act”; amending s.
  465         760.01, F.S.; revising provisions to include sexual
  466         orientation and gender identity or expression as
  467         impermissible grounds for discrimination; revising
  468         terminology; amending s. 760.02, F.S.; adding
  469         definitions; amending ss. 760.05, 760.07, and 760.08,
  470         F.S.; adding sexual orientation and gender identity or
  471         expression as impermissible grounds for
  472         discrimination; conforming and revising terminology;
  473         amending s. 760.10, F.S.; adding sexual orientation
  474         and gender identity or expression as impermissible
  475         grounds for discrimination; providing an exception for
  476         constitutionally protected free exercise of religion;
  477         revising terminology; amending s. 509.092, F.S.;
  478         adding sexual orientation and gender identity or
  479         expression as impermissible grounds for discrimination
  480         in public lodging establishments and public food
  481         service establishments; providing an exception for
  482         constitutionally protected free exercise of religion;
  483         revising terminology; amending s. 760.22, F.S.; adding
  484         and revising definitions; amending ss. 760.23, 760.24,
  485         760.25, 760.26, 760.29, and 760.60, F.S.; adding
  486         sexual orientation and gender identity or expression
  487         as impermissible grounds for discrimination; revising
  488         terminology; amending s. 419.001, F.S.; conforming a
  489         cross-reference; providing an effective date.