Florida Senate - 2016                                     SB 120
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-00121-16                                            2016120__
    1                        A bill to be entitled                      
    2         An act relating to prohibited discrimination; creating
    3         the “Florida Competitive Workforce Act”; amending s.
    4         760.01, F.S.; revising provisions to include sexual
    5         orientation and gender identity or expression and the
    6         perception of race, color, religion, sex, national
    7         origin, age, sexual orientation, gender identity or
    8         expression, handicap, or marital status as
    9         impermissible grounds for discrimination; amending s.
   10         760.02, F.S.; adding definitions; amending ss. 760.05,
   11         760.07, and 760.08, F.S.; adding sexual orientation
   12         and gender identity or expression as impermissible
   13         grounds for discrimination; conforming terminology;
   14         amending s. 760.10, F.S.; adding sexual orientation
   15         and gender identity or expression as impermissible
   16         grounds for discrimination; providing an exception for
   17         constitutionally protected free exercise of religion;
   18         amending s. 509.092, F.S.; adding sexual orientation
   19         and gender identity or expression as impermissible
   20         grounds for discrimination in public lodging
   21         establishments and public food service establishments;
   22         providing an exception for constitutionally protected
   23         free exercise of religion; amending s. 760.22, F.S.;
   24         adding definitions; amending ss. 760.23, 760.24,
   25         760.25, 760.26, 760.29, and 760.60, F.S.; adding
   26         sexual orientation and gender identity or expression
   27         as impermissible grounds for discrimination; amending
   28         s. 419.001, F.S.; conforming a cross-reference;
   29         providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. This act may be cited as the “Florida
   34  Competitive Workforce Act.”
   35         Section 2. Subsection (1) of section 760.01, Florida
   36  Statutes, is republished, and subsection (2) of that section is
   37  amended, to read:
   38         760.01 Purposes; construction; title.—
   39         (1) Sections 760.01-760.11 and 509.092 shall be cited as
   40  the “Florida Civil Rights Act of 1992.”
   41         (2) The general purposes of the Florida Civil Rights Act of
   42  1992 are to secure for all individuals within the state freedom
   43  from discrimination because of, or based on the perception of,
   44  race, color, religion, sex, pregnancy, national origin, age,
   45  sexual orientation, gender identity or expression, handicap, or
   46  marital status and thereby to protect their interest in personal
   47  dignity, to make available to the state their full productive
   48  capacities, to secure the state against domestic strife and
   49  unrest, to preserve the public safety, health, and general
   50  welfare, and to promote the interests, rights, and privileges of
   51  individuals within the state.
   52         Section 3. Section 760.02, Florida Statutes, is reordered
   53  and amended to read:
   54         760.02 Definitions.—For the purposes of ss. 760.01-760.11
   55  and 509.092, the term:
   56         (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
   57  760.11 and 509.092.
   58         (2) “Commission” means the Florida Commission on Human
   59  Relations created by s. 760.03.
   60         (3) “Commissioner” or “member” means a member of the
   61  commission.
   62         (4) “Discriminatory practice” means any practice made
   63  unlawful by the Florida Civil Rights Act of 1992.
   64         (10)(5) “National origin” includes ancestry.
   65         (11)(6) “Person” includes an individual, association,
   66  corporation, joint apprenticeship committee, joint-stock
   67  company, labor union, legal representative, mutual company,
   68  partnership, receiver, trust, trustee in bankruptcy, or
   69  unincorporated organization; any other legal or commercial
   70  entity; the state; or any governmental entity or agency.
   71         (5)(7) “Employer” means any person employing 15 or more
   72  employees for each working day in each of 20 or more calendar
   73  weeks in the current or preceding calendar year, and any agent
   74  of such a person.
   75         (6)(8) “Employment agency” means any person regularly
   76  undertaking, with or without compensation, to procure employees
   77  for an employer or to procure for employees opportunities to
   78  work for an employer, and includes an agent of such a person.
   79         (8) “Gender identity or expression” means gender-related
   80  identity, appearance, or behavior, regardless of whether such
   81  gender-related identity, appearance, or behavior is different
   82  from that traditionally associated with the person’s physiology
   83  or assigned sex at birth, and which gender-related identity can
   84  be shown by the person providing evidence, including, but not
   85  limited to:
   86         (a) Medical history, care, or treatment of the gender
   87  related identity;
   88         (b) Consistent and uniform assertion of the gender-related
   89  identity; or
   90         (c) Other evidence that the gender-related identity is a
   91  sincerely held part of a person’s core identity and is not being
   92  asserted for an improper purpose.
   93         (9) “Labor organization” means any organization which
   94  exists for the purpose, in whole or in part, of collective
   95  bargaining or of dealing with employers concerning grievances,
   96  terms or conditions of employment, or other mutual aid or
   97  protection in connection with employment.
   98         (1)(10) “Aggrieved person” means any person who files a
   99  complaint with the Florida Commission on Human Relations
  100  Commission.
  101         (12)(11) “Public accommodations” means places of public
  102  accommodation, lodgings, facilities principally engaged in
  103  selling food for consumption on the premises, gasoline stations,
  104  places of exhibition or entertainment, and other covered
  105  establishments. Each of the following establishments which
  106  serves the public is a place of public accommodation within the
  107  meaning of this section:
  108         (a) Any inn, hotel, motel, or other establishment that
  109  which provides lodging to transient guests, other than an
  110  establishment located within a building that which contains not
  111  more than four rooms for rent or hire and that which is actually
  112  occupied by the proprietor of such establishment as his or her
  113  residence.
  114         (b) Any restaurant, cafeteria, lunchroom, lunch counter,
  115  soda fountain, or other facility principally engaged in selling
  116  food for consumption on the premises, including, but not limited
  117  to, any such facility located on the premises of any retail
  118  establishment, or any gasoline station.
  119         (c) Any motion picture theater, theater, concert hall,
  120  sports arena, stadium, or other place of exhibition or
  121  entertainment.
  122         (d) Any establishment that which is physically located
  123  within the premises of any establishment otherwise covered by
  124  this subsection, or within the premises of which is physically
  125  located any such covered establishment, and that which holds
  126  itself out as serving patrons of such covered establishment.
  127         (13) “Sexual orientation” means an individual’s actual or
  128  perceived heterosexuality, homosexuality, or bisexuality.
  129         Section 4. Section 760.05, Florida Statutes, is amended to
  130  read:
  131         760.05 Functions of the commission.—The commission shall
  132  promote and encourage fair treatment and equal opportunity for
  133  all persons regardless of race, color, religion, sex, pregnancy,
  134  national origin, age, sexual orientation, gender identity or
  135  expression, handicap, or marital status and mutual understanding
  136  and respect among all members of society. The commission all
  137  economic, social, racial, religious, and ethnic groups; and
  138  shall endeavor to eliminate discrimination against, and
  139  antagonism between, persons on the basis of, or based on the
  140  perception of, race, color, religion, sex, pregnancy, national
  141  origin, age, sexual orientation, gender identity or expression,
  142  handicap, or marital status religious, racial, and ethnic groups
  143  and their members.
  144         Section 5. Section 760.07, Florida Statutes, is amended to
  145  read:
  146         760.07 Remedies for unlawful discrimination.—Any violation
  147  of any Florida statute making unlawful discrimination because
  148  of, or based on the perception of, race, color, religion,
  149  gender, pregnancy, national origin, age, sexual orientation,
  150  gender identity or expression, handicap, or marital status in
  151  the areas of education, employment, housing, or public
  152  accommodations gives rise to a cause of action for all relief
  153  and damages described in s. 760.11(5), unless greater damages
  154  are expressly provided for. If the statute prohibiting unlawful
  155  discrimination provides an administrative remedy, the action for
  156  equitable relief and damages provided for in this section may be
  157  initiated only after the plaintiff has exhausted his or her
  158  administrative remedy. The term “public accommodations” does not
  159  include lodge halls or other similar facilities of private
  160  organizations which are made available for public use
  161  occasionally or periodically. The right to trial by jury is
  162  preserved in any case in which the plaintiff is seeking actual
  163  or punitive damages.
  164         Section 6. Section 760.08, Florida Statutes, is amended to
  165  read:
  166         760.08 Discrimination in places of public accommodation.
  167  All persons are entitled to the full and equal enjoyment of the
  168  goods, services, facilities, privileges, advantages, and
  169  accommodations of any place of public accommodation without
  170  discrimination or segregation on the ground of, or based on the
  171  perception of, race, color, national origin, sex, sexual
  172  orientation, gender identity or expression, pregnancy, handicap,
  173  familial status, or religion.
  174         Section 7. Subsections (1) and (2), paragraphs (a) and (b)
  175  of subsection (3), subsections (4), (5), and (6), paragraph (a)
  176  of subsection (8), and subsection (9) of section 760.10, Florida
  177  Statutes, are amended, and subsection (10) of that section is
  178  republished, to read:
  179         760.10 Unlawful employment practices.—
  180         (1) It is an unlawful employment practice for an employer:
  181         (a) To discharge or to fail or refuse to hire any
  182  individual, or otherwise to discriminate against any individual
  183  with respect to compensation, terms, conditions, or privileges
  184  of employment, because of, or based on the perception of, such
  185  individual’s race, color, religion, sex, pregnancy, national
  186  origin, age, sexual orientation, gender identity or expression,
  187  handicap, or marital status.
  188         (b) To limit, segregate, or classify employees or
  189  applicants for employment in any way that which would deprive or
  190  tend to deprive any individual of employment opportunities, or
  191  adversely affect any individual’s status as an employee, because
  192  of, or based on the perception of, such individual’s race,
  193  color, religion, sex, pregnancy, national origin, age, sexual
  194  orientation, gender identity or expression, handicap, or marital
  195  status.
  196         (2) It is an unlawful employment practice for an employment
  197  agency to fail or refuse to refer for employment, or otherwise
  198  to discriminate against, any individual because of, or based on
  199  the perception of, race, color, religion, sex, pregnancy,
  200  national origin, age, sexual orientation, gender identity or
  201  expression, handicap, or marital status or to classify or refer
  202  for employment any individual on the basis of, or based on the
  203  perception of, race, color, religion, sex, pregnancy, national
  204  origin, age, sexual orientation, gender identity or expression,
  205  handicap, or marital status.
  206         (3) It is an unlawful employment practice for a labor
  207  organization:
  208         (a) To exclude or to expel from its membership, or
  209  otherwise to discriminate against, any individual because of, or
  210  based on the perception of, race, color, religion, sex,
  211  pregnancy, national origin, age, sexual orientation, gender
  212  identity or expression, handicap, or marital status.
  213         (b) To limit, segregate, or classify its membership or
  214  applicants for membership, or to classify or fail or refuse to
  215  refer for employment any individual, in any way that would
  216  deprive or tend to deprive any individual of employment
  217  opportunities, or adversely affect any individual’s status as an
  218  employee or as an applicant for employment, because of, or based
  219  on the perception of, such individual’s race, color, religion,
  220  sex, pregnancy, national origin, age, sexual orientation, gender
  221  identity or expression, handicap, or marital status.
  222         (4) It is an unlawful employment practice for any employer,
  223  labor organization, or joint labor-management committee
  224  controlling apprenticeship or other training or retraining,
  225  including on-the-job training programs, to discriminate against
  226  any individual because of, or based on the perception of, race,
  227  color, religion, sex, pregnancy, national origin, age, sexual
  228  orientation, gender identity or expression, handicap, or marital
  229  status in admission to, or employment in, any program
  230  established to provide apprenticeship or other training.
  231         (5) Whenever, in order to engage in a profession,
  232  occupation, or trade, it is required that a person receive a
  233  license, certification, or other credential;, become a member or
  234  an associate of any club, association, or other organization;,
  235  or pass any examination, it is an unlawful employment practice
  236  for any person to discriminate against any other person seeking
  237  such license, certification, or other credential;, seeking to
  238  become a member or associate of such club, association, or other
  239  organization;, or seeking to take or pass such examination,
  240  because of, or based on the perception of, such other person’s
  241  race, color, religion, sex, pregnancy, national origin, age,
  242  sexual orientation, gender identity or expression, handicap, or
  243  marital status.
  244         (6) It is an unlawful employment practice for an employer,
  245  a labor organization, an employment agency, or a joint labor
  246  management committee to print, or cause to be printed or
  247  published, any notice or advertisement relating to employment,
  248  membership, classification, referral for employment, or
  249  apprenticeship or other training which indicates, indicating any
  250  preference, limitation, specification, or discrimination, based
  251  on a person’s actual or perceived race, color, religion, sex,
  252  pregnancy, national origin, age, sexual orientation, gender
  253  identity or expression, absence of handicap, or marital status.
  254         (8) Notwithstanding any other provision of this section, it
  255  is not an unlawful employment practice under ss. 760.01-760.10
  256  for an employer, employment agency, labor organization, or joint
  257  labor-management committee to:
  258         (a) Take or fail to take any action on the basis of a
  259  person’s actual or perceived religion, sex, pregnancy, national
  260  origin, age, sexual orientation, gender identity or expression,
  261  handicap, or marital status in those certain instances in which
  262  religion, sex, condition of pregnancy, national origin, age,
  263  sexual orientation, gender identity or expression, absence of a
  264  particular handicap, or marital status is a bona fide
  265  occupational qualification reasonably necessary for the
  266  performance of the particular employment to which such action or
  267  inaction is related.
  268         (9)(a) This section does shall not apply to any religious
  269  corporation, association, educational institution, or society
  270  which conditions opportunities in the area of employment or
  271  public accommodation to members of that religious corporation,
  272  association, educational institution, or society or to persons
  273  who subscribe to its tenets or beliefs.
  274         (b) This section does shall not prohibit a religious
  275  corporation, association, educational institution, or society
  276  from giving preference in employment to individuals of a
  277  particular religion to perform work connected with the carrying
  278  on by such corporations, associations, educational institutions,
  279  or societies of its various activities.
  280         (c) This section and s. 760.08 do not limit the free
  281  exercise of religion guaranteed by the United States
  282  Constitution and the State Constitution.
  283         (10) Each employer, employment agency, and labor
  284  organization shall post and keep posted in conspicuous places
  285  upon its premises a notice provided by the commission setting
  286  forth such information as the commission deems appropriate to
  287  effectuate the purposes of ss. 760.01-760.10.
  288         Section 8. Section 509.092, Florida Statutes, is amended to
  289  read:
  290         509.092 Public lodging establishments and public food
  291  service establishments; rights as private enterprises.—
  292         (1) Public lodging establishments and public food service
  293  establishments are private enterprises, and the operator has the
  294  right to refuse accommodations or service to any person who is
  295  objectionable or undesirable to the operator, but such refusal
  296  may not be based upon the person’s actual or perceived race,
  297  creed, color, sex, pregnancy, physical disability, sexual
  298  orientation, gender identity or expression, or national origin.
  299         (2) A person aggrieved by a violation of this section or a
  300  violation of a rule adopted under this section has a right of
  301  action pursuant to s. 760.11.
  302         (3) This section does not limit the free exercise of
  303  religion guaranteed by the United States Constitution and the
  304  State Constitution.
  305         Section 9. Section 760.22, Florida Statutes, is amended to
  306  read:
  307         760.22 Definitions.—As used in this part ss. 760.20-760.37,
  308  the term:
  309         (1) “Commission” means the Florida Commission on Human
  310  Relations.
  311         (2) “Covered multifamily dwelling” means:
  312         (a) A building that which consists of four or more units
  313  and has an elevator; or
  314         (b) The ground floor units of a building that which
  315  consists of four or more units and does not have an elevator.
  316         (3) “Discriminatory housing practice” means an act that is
  317  unlawful under the terms of this part ss. 760.20-760.37.
  318         (4) “Dwelling” means any building or structure, or portion
  319  thereof, which is occupied as, or designed or intended for
  320  occupancy as, a residence by one or more families, and any
  321  vacant land that which is offered for sale or lease for the
  322  construction or location on the land of any such building or
  323  structure, or portion thereof.
  324         (5) “Familial status” is established when an individual who
  325  has not attained the age of 18 years is domiciled with:
  326         (a) A parent or other person having legal custody of such
  327  individual; or
  328         (b) A designee of a parent or other person having legal
  329  custody, with the written permission of such parent or other
  330  person.
  331         (6) “Family” includes a single individual.
  332         (7) “Gender identity or expression” has the same meaning as
  333  provided in s. 760.02.
  334         (8)(7) “Handicap” means:
  335         (a) A person has a physical or mental impairment that which
  336  substantially limits one or more major life activities for a
  337  person who has, or he or she has a record of having, or is
  338  regarded as having that, such physical or mental impairment; or
  339         (b) A person has a developmental disability as defined in
  340  s. 393.063.
  341         (9)(8) “Person” includes one or more individuals,
  342  corporations, partnerships, associations, labor organizations,
  343  legal representatives, mutual companies, joint-stock companies,
  344  trusts, unincorporated organizations, trustees, trustees in
  345  bankruptcy, receivers, and fiduciaries.
  346         (10) “Sexual orientation” has the same meaning as provided
  347  in s. 760.02.
  348         (11)(9) “Substantially equivalent” means an administrative
  349  subdivision of the State of Florida meeting the requirements of
  350  24 C.F.R. part 115, s. 115.6.
  351         (12)(10) “To rent” includes to lease, to sublease, to let,
  352  and otherwise to grant for a consideration the right to occupy
  353  premises not owned by the occupant.
  354         Section 10. Subsections (1) - (5) of section 760.23,
  355  Florida Statutes, are amended to read:
  356         760.23 Discrimination in the sale or rental of housing and
  357  other prohibited practices.—
  358         (1) It is unlawful to refuse to sell or rent after the
  359  making of a bona fide offer, to refuse to negotiate for the sale
  360  or rental of, or otherwise to make unavailable or deny a
  361  dwelling to any person because of, or based on the perception
  362  of, race, color, national origin, sex, sexual orientation,
  363  gender identity or expression, handicap, familial status, or
  364  religion.
  365         (2) It is unlawful to discriminate against any person in
  366  the terms, conditions, or privileges of sale or rental of a
  367  dwelling, or in the provision of services or facilities in
  368  connection therewith, because of, or based on the perception of,
  369  race, color, national origin, sex, sexual orientation, gender
  370  identity or expression, handicap, familial status, or religion.
  371         (3) It is unlawful to make, print, or publish, or cause to
  372  be made, printed, or published, any notice, statement, or
  373  advertisement with respect to the sale or rental of a dwelling
  374  that indicates any preference, limitation, or discrimination
  375  based on a person’s actual or perceived race, color, national
  376  origin, sex, sexual orientation, gender identity or expression,
  377  handicap, familial status, or religion or an intention to make
  378  any such preference, limitation, or discrimination.
  379         (4) It is unlawful to represent to any person because of,
  380  or based on the perception of, the person’s race, color,
  381  national origin, sex, sexual orientation, gender identity or
  382  expression, handicap, familial status, or religion that any
  383  dwelling is not available for inspection, sale, or rental when
  384  such dwelling is in fact so available.
  385         (5) It is unlawful, for profit, to induce or attempt to
  386  induce any person to sell or rent any dwelling by a
  387  representation regarding the entry or prospective entry into the
  388  neighborhood of a person or persons of, or perceived to be of, a
  389  particular race, color, national origin, sex, sexual
  390  orientation, gender identity or expression, handicap, familial
  391  status, or religion.
  392         Section 11. Section 760.24, Florida Statutes, is amended to
  393  read:
  394         760.24 Discrimination in the provision of brokerage
  395  services.—It is unlawful to deny any person access to, or
  396  membership or participation in, any multiple-listing service,
  397  real estate brokers’ organization, or other service,
  398  organization, or facility relating to the business of selling or
  399  renting dwellings, or to discriminate against him or her in the
  400  terms or conditions of such access, membership, or
  401  participation, because on account of, or based on the perception
  402  of, race, color, national origin, sex, sexual orientation,
  403  gender identity or expression, handicap, familial status, or
  404  religion.
  405         Section 12. Subsection (1) and paragraph (a) of subsection
  406  (2) of section 760.25, Florida Statutes, are amended to read:
  407         760.25 Discrimination in the financing of housing or in
  408  residential real estate transactions.—
  409         (1) It is unlawful for any bank, building and loan
  410  association, insurance company, or other corporation,
  411  association, firm, or enterprise the business of which consists
  412  in whole or in part of the making of commercial real estate
  413  loans to deny a loan or other financial assistance to a person
  414  applying for the loan for the purpose of purchasing,
  415  constructing, improving, repairing, or maintaining a dwelling,
  416  or to discriminate against him or her in the fixing of the
  417  amount, interest rate, duration, or other term or condition of
  418  such loan or other financial assistance, because of, or based on
  419  the perception of, the race, color, national origin, sex, sexual
  420  orientation, gender identity or expression, handicap, familial
  421  status, or religion of such person or of any person associated
  422  with him or her in connection with such loan or other financial
  423  assistance or the purposes of such loan or other financial
  424  assistance, or because of, or based on the perception of, the
  425  race, color, national origin, sex, sexual orientation, gender
  426  identity or expression, handicap, familial status, or religion
  427  of the present or prospective owners, lessees, tenants, or
  428  occupants of the dwelling or dwellings in relation to which such
  429  loan or other financial assistance is to be made or given.
  430         (2)(a) It is unlawful for any person or entity whose
  431  business includes engaging in residential real estate
  432  transactions to discriminate against any person in making
  433  available such a transaction, or in the terms or conditions of
  434  such a transaction, because of, or based on the perception of,
  435  race, color, national origin, sex, sexual orientation, gender
  436  identity or expression, handicap, familial status, or religion.
  437         Section 13. Section 760.26, Florida Statutes, is amended to
  438  read:
  439         760.26 Prohibited discrimination in land use decisions and
  440  in permitting of development.—It is unlawful to discriminate in
  441  land use decisions or in the permitting of development based on
  442  a person’s actual or perceived race, color, national origin,
  443  sex, sexual orientation, gender identity or expression,
  444  disability, familial status, religion, or, except as otherwise
  445  provided by law, the source of financing of a development or
  446  proposed development.
  447         Section 14. Paragraph (a) of subsection (5) of section
  448  760.29, Florida Statutes, is amended to read:
  449         760.29 Exemptions.—
  450         (5) Nothing in ss. 760.20-760.37:
  451         (a) Prohibits a person engaged in the business of
  452  furnishing appraisals of real property from taking into
  453  consideration factors other than race, color, national origin,
  454  sex, sexual orientation, gender identity or expression,
  455  handicap, familial status, or religion.
  456         Section 15. Subsection (1) of section 760.60, Florida
  457  Statutes, is amended to read:
  458         760.60 Discriminatory practices of certain clubs
  459  prohibited; remedies.—
  460         (1) It is unlawful for a person to discriminate against any
  461  individual because of, or based on the perception of, race,
  462  color, religion, gender, national origin, handicap, age above
  463  the age of 21, sexual orientation, gender identity or
  464  expression, or marital status in evaluating an application for
  465  membership in a club that has more than 400 members, that
  466  provides regular meal service, and that regularly receives
  467  payment for dues, fees, use of space, facilities, services,
  468  meals, or beverages directly or indirectly from nonmembers for
  469  business purposes. It is unlawful for a person, on behalf of
  470  such a club, to publish, circulate, issue, display, post, or
  471  mail any advertisement, notice, or solicitation that contains a
  472  statement to the effect that the accommodations, advantages,
  473  facilities, membership, or privileges of the club are denied to
  474  any individual because of, or based on the perception of, race,
  475  color, religion, gender, national origin, handicap, age above
  476  the age of 21, sexual orientation, gender identity or
  477  expression, or marital status. This subsection does not apply to
  478  fraternal or benevolent organizations, ethnic clubs, or
  479  religious organizations where business activity is not
  480  prevalent.
  481         Section 16. Paragraph (e) of subsection (1) of section
  482  419.001, Florida Statutes, is amended to read:
  483         419.001 Site selection of community residential homes.—
  484         (1) For the purposes of this section, the term:
  485         (e) “Resident” means any of the following: a frail elder as
  486  defined in s. 429.65; a person who has a handicap as defined in
  487  s. 760.22(8)(a) s. 760.22(7)(a); a person who has a
  488  developmental disability as defined in s. 393.063; a
  489  nondangerous person who has a mental illness as defined in s.
  490  394.455; or a child who is found to be dependent as defined in
  491  s. 39.01 or s. 984.03, or a child in need of services as defined
  492  in s. 984.03 or s. 985.03.
  493         Section 17. This act shall take effect July 1, 2016.