Florida Senate - 2018                                      SB 66
       
       
        
       By Senator Clemens
       
       
       
       
       
       31-00100-18                                             201866__
    1                        A bill to be entitled                      
    2         An act relating to prohibited discrimination; creating
    3         the “Florida Competitive Workforce Act”; amending s.
    4         509.092, F.S.; adding sexual orientation and gender
    5         identity as impermissible grounds for discrimination
    6         in public lodging establishments and public food
    7         service establishments; providing an exception for
    8         constitutionally protected free exercise of religion;
    9         amending s. 760.01, F.S.; revising the purposes of the
   10         Florida Civil Rights Act of 1992 to conform to changes
   11         made by the act; reordering and amending s. 760.02,
   12         F.S.; defining the terms “gender identity” and “sexual
   13         orientation”; amending s. 760.05, F.S.; revising the
   14         functions of the Florida Commission on Human
   15         Relations, to conform; amending s. 760.07, F.S.;
   16         revising provisions regarding remedies for unlawful
   17         discrimination to include discrimination based on
   18         sexual orientation and gender identity, to conform;
   19         amending s. 760.08, F.S.; adding sexual orientation
   20         and gender identity as impermissible grounds for
   21         discrimination in places of public accommodation;
   22         amending s. 760.10, F.S.; adding sexual orientation
   23         and gender identity as impermissible grounds for
   24         discrimination with respect to specified unlawful
   25         employment practices; providing an exception for
   26         constitutionally protected free exercise of religion;
   27         amending s. 760.22, F.S.; defining the terms “gender
   28         identity” and “sexual orientation” for purposes of the
   29         Fair Housing Act; amending ss. 760.23, 760.24, 760.25,
   30         and 760.26, F.S.; adding sexual orientation and gender
   31         identity as impermissible grounds for discrimination
   32         with respect to the sale or rental of housing,
   33         provision of brokerage services, financing of housing
   34         or in residential real estate transactions, and land
   35         use decisions and in permitting of development,
   36         respectively; amending s. 760.29, F.S.; revising an
   37         exemption from the Fair Housing Act regarding the
   38         appraisal of real property, to conform; amending s.
   39         760.60, F.S.; adding sexual orientation and gender
   40         identity as impermissible grounds for discrimination
   41         with respect to practices of certain clubs; amending
   42         s. 419.001, F.S.; conforming a cross-reference;
   43         providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. This act may be cited as the “Florida
   48  Competitive Workforce Act.”
   49         Section 2. Section 509.092, Florida Statutes, is amended to
   50  read:
   51         509.092 Public lodging establishments and public food
   52  service establishments; rights as private enterprises.—
   53         (1) Public lodging establishments and public food service
   54  establishments are private enterprises, and the operator has the
   55  right to refuse accommodations or service to any person who is
   56  objectionable or undesirable to the operator, but such refusal
   57  may not be based upon race, creed, color, sex, pregnancy,
   58  physical disability, sexual orientation, gender identity, or
   59  national origin.
   60         (2) A person aggrieved by a violation of this section or a
   61  violation of a rule adopted under this section has a right of
   62  action pursuant to s. 760.11.
   63         (3) This section does not limit the free exercise of
   64  religion guaranteed by the United States Constitution and the
   65  State Constitution.
   66         Section 3. Subsection (1) of section 760.01, Florida
   67  Statutes, is republished, and subsection (2) of that section is
   68  amended, to read:
   69         760.01 Purposes; construction; title.—
   70         (1) Sections 760.01-760.11 and 509.092 shall be cited as
   71  the “Florida Civil Rights Act of 1992.”
   72         (2) The general purposes of the Florida Civil Rights Act of
   73  1992 are to secure for all individuals within the state freedom
   74  from discrimination because of race, color, religion, sex,
   75  pregnancy, national origin, age, sexual orientation, gender
   76  identity, handicap, or marital status and thereby to protect
   77  their interest in personal dignity, to make available to the
   78  state their full productive capacities, to secure the state
   79  against domestic strife and unrest, to preserve the public
   80  safety, health, and general welfare, and to promote the
   81  interests, rights, and privileges of individuals within the
   82  state.
   83         Section 4. Section 760.02, Florida Statutes, is reordered
   84  and amended to read:
   85         760.02 Definitions.—For the purposes of ss. 760.01-760.11
   86  and 509.092, the term:
   87         (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
   88  760.11 and 509.092.
   89         (2) “Commission” means the Florida Commission on Human
   90  Relations created by s. 760.03.
   91         (3) “Commissioner” or “member” means a member of the
   92  commission.
   93         (4) “Discriminatory practice” means any practice made
   94  unlawful by the Florida Civil Rights Act of 1992.
   95         (10)(5) “National origin” includes ancestry.
   96         (11)(6) “Person” includes an individual, association,
   97  corporation, joint apprenticeship committee, joint-stock
   98  company, labor union, legal representative, mutual company,
   99  partnership, receiver, trust, trustee in bankruptcy, or
  100  unincorporated organization; any other legal or commercial
  101  entity; the state; or any governmental entity or agency.
  102         (5)(7) “Employer” means any person employing 15 or more
  103  employees for each working day in each of 20 or more calendar
  104  weeks in the current or preceding calendar year, and any agent
  105  of such a person.
  106         (6)(8) “Employment agency” means any person regularly
  107  undertaking, with or without compensation, to procure employees
  108  for an employer or to procure for employees opportunities to
  109  work for an employer, and includes an agent of such a person.
  110         (8) “Gender identity” means gender-related identity,
  111  appearance, or behavior, regardless of whether such gender
  112  related identity, appearance, or behavior is different from that
  113  traditionally associated with the person’s physiology or
  114  assigned sex at birth, and which gender-related identity can be
  115  shown by the person providing evidence, including, but not
  116  limited to:
  117         (a) Medical history, care, or treatment of the gender
  118  related identity;
  119         (b) Consistent and uniform assertion of the gender-related
  120  identity; or
  121         (c) Other evidence that the gender-related identity is a
  122  sincerely held part of a person’s core identity and is not being
  123  asserted for an improper purpose.
  124         (9) “Labor organization” means any organization which
  125  exists for the purpose, in whole or in part, of collective
  126  bargaining or of dealing with employers concerning grievances,
  127  terms or conditions of employment, or other mutual aid or
  128  protection in connection with employment.
  129         (1)(10) “Aggrieved person” means any person who files a
  130  complaint with the Florida Commission on Human Relations
  131  Commission.
  132         (12)(11) “Public accommodations” means places of public
  133  accommodation, lodgings, facilities principally engaged in
  134  selling food for consumption on the premises, gasoline stations,
  135  places of exhibition or entertainment, and other covered
  136  establishments. Each of the following establishments which
  137  serves the public is a place of public accommodation within the
  138  meaning of this section:
  139         (a) Any inn, hotel, motel, or other establishment that
  140  which provides lodging to transient guests, other than an
  141  establishment located within a building that which contains not
  142  more than four rooms for rent or hire and that which is actually
  143  occupied by the proprietor of such establishment as his or her
  144  residence.
  145         (b) Any restaurant, cafeteria, lunchroom, lunch counter,
  146  soda fountain, or other facility principally engaged in selling
  147  food for consumption on the premises, including, but not limited
  148  to, any such facility located on the premises of any retail
  149  establishment, or any gasoline station.
  150         (c) Any motion picture theater, theater, concert hall,
  151  sports arena, stadium, or other place of exhibition or
  152  entertainment.
  153         (d) Any establishment that which is physically located
  154  within the premises of any establishment otherwise covered by
  155  this subsection, or within the premises of which is physically
  156  located any such covered establishment, and that which holds
  157  itself out as serving patrons of such covered establishment.
  158         (13) “Sexual orientation” means an individual’s
  159  heterosexuality, homosexuality, or bisexuality.
  160         Section 5. Section 760.05, Florida Statutes, is amended to
  161  read:
  162         760.05 Functions of the commission.—The commission shall
  163  promote and encourage fair treatment and equal opportunity for
  164  all persons regardless of race, color, religion, sex, pregnancy,
  165  national origin, age, sexual orientation, gender identity,
  166  handicap, or marital status and mutual understanding and respect
  167  among all members of society. The commission all economic,
  168  social, racial, religious, and ethnic groups; and shall endeavor
  169  to eliminate discrimination against, and antagonism between,
  170  persons on the basis of race, color, religion, sex, pregnancy,
  171  national origin, age, sexual orientation, gender identity,
  172  handicap, or marital status religious, racial, and ethnic groups
  173  and their members.
  174         Section 6. Section 760.07, Florida Statutes, is amended to
  175  read:
  176         760.07 Remedies for unlawful discrimination.—Any violation
  177  of any state law Florida statute making unlawful discrimination
  178  because of race, color, religion, gender, pregnancy, national
  179  origin, age, sexual orientation, gender identity, handicap, or
  180  marital status in the areas of education, employment, housing,
  181  or public accommodations gives rise to a cause of action for all
  182  relief and damages described in s. 760.11(5), unless greater
  183  damages are expressly provided for. If the statute prohibiting
  184  unlawful discrimination provides an administrative remedy, the
  185  action for equitable relief and damages provided for in this
  186  section may be initiated only after the plaintiff has exhausted
  187  his or her administrative remedy. The term “public
  188  accommodations” does not include lodge halls or other similar
  189  facilities of private organizations which are made available for
  190  public use occasionally or periodically. The right to trial by
  191  jury is preserved in any case in which the plaintiff is seeking
  192  actual or punitive damages.
  193         Section 7. Section 760.08, Florida Statutes, is amended to
  194  read:
  195         760.08 Discrimination in places of public accommodation.
  196  All persons are entitled to the full and equal enjoyment of the
  197  goods, services, facilities, privileges, advantages, and
  198  accommodations of any place of public accommodation without
  199  discrimination or segregation on the ground of race, color,
  200  national origin, sex, sexual orientation, gender identity,
  201  pregnancy, handicap, familial status, or religion.
  202         Section 8. Subsections (1) and (2), paragraphs (a) and (b)
  203  of subsection (3), subsections (4), (5), and (6), paragraph (a)
  204  of subsection (8), and subsection (9) of section 760.10, Florida
  205  Statutes, are amended, and subsection (10) of that section is
  206  republished, to read:
  207         760.10 Unlawful employment practices.—
  208         (1) It is an unlawful employment practice for an employer:
  209         (a) To discharge or to fail or refuse to hire any
  210  individual, or otherwise to discriminate against any individual
  211  with respect to compensation, terms, conditions, or privileges
  212  of employment, because of such individual’s race, color,
  213  religion, sex, pregnancy, national origin, age, sexual
  214  orientation, gender identity, handicap, or marital status.
  215         (b) To limit, segregate, or classify employees or
  216  applicants for employment in any way that which would deprive or
  217  tend to deprive any individual of employment opportunities, or
  218  adversely affect any individual’s status as an employee, because
  219  of such individual’s race, color, religion, sex, pregnancy,
  220  national origin, age, sexual orientation, gender identity,
  221  handicap, or marital status.
  222         (2) It is an unlawful employment practice for an employment
  223  agency to fail or refuse to refer for employment, or otherwise
  224  to discriminate against, any individual because of race, color,
  225  religion, sex, pregnancy, national origin, age, sexual
  226  orientation, gender identity, handicap, or marital status or to
  227  classify or refer for employment any individual on the basis of
  228  race, color, religion, sex, pregnancy, national origin, age,
  229  sexual orientation, gender identity, handicap, or marital
  230  status.
  231         (3) It is an unlawful employment practice for a labor
  232  organization:
  233         (a) To exclude or to expel from its membership, or
  234  otherwise to discriminate against, any individual because of
  235  race, color, religion, sex, pregnancy, national origin, age,
  236  sexual orientation, gender identity, handicap, or marital
  237  status.
  238         (b) To limit, segregate, or classify its membership or
  239  applicants for membership, or to classify or fail or refuse to
  240  refer for employment any individual, in any way that would
  241  deprive or tend to deprive any individual of employment
  242  opportunities, or adversely affect any individual’s status as an
  243  employee or as an applicant for employment, because of such
  244  individual’s race, color, religion, sex, pregnancy, national
  245  origin, age, sexual orientation, gender identity, handicap, or
  246  marital status.
  247         (4) It is an unlawful employment practice for any employer,
  248  labor organization, or joint labor-management committee
  249  controlling apprenticeship or other training or retraining,
  250  including on-the-job training programs, to discriminate against
  251  any individual because of race, color, religion, sex, pregnancy,
  252  national origin, age, sexual orientation, gender identity,
  253  handicap, or marital status in admission to, or employment in,
  254  any program established to provide apprenticeship or other
  255  training.
  256         (5) Whenever, in order to engage in a profession,
  257  occupation, or trade, it is required that a person receive a
  258  license, certification, or other credential;, become a member or
  259  an associate of any club, association, or other organization;,
  260  or pass any examination, it is an unlawful employment practice
  261  for any person to discriminate against any other person seeking
  262  such license, certification, or other credential;, seeking to
  263  become a member or associate of such club, association, or other
  264  organization;, or seeking to take or pass such examination,
  265  because of such other person’s race, color, religion, sex,
  266  pregnancy, national origin, age, sexual orientation, gender
  267  identity, handicap, or marital status.
  268         (6) It is an unlawful employment practice for an employer,
  269  a labor organization, an employment agency, or a joint labor
  270  management committee to print, or cause to be printed or
  271  published, any notice or advertisement relating to employment,
  272  membership, classification, referral for employment, or
  273  apprenticeship or other training which indicates, indicating any
  274  preference, limitation, specification, or discrimination, based
  275  on race, color, religion, sex, pregnancy, national origin, age,
  276  sexual orientation, gender identity, absence of handicap, or
  277  marital status.
  278         (8) Notwithstanding any other provision of this section, it
  279  is not an unlawful employment practice under ss. 760.01-760.10
  280  for an employer, employment agency, labor organization, or joint
  281  labor-management committee to:
  282         (a) Take or fail to take any action on the basis of
  283  religion, sex, pregnancy, national origin, age, sexual
  284  orientation, gender identity, handicap, or marital status in
  285  those certain instances in which religion, sex, condition of
  286  pregnancy, national origin, age, sexual orientation, gender
  287  identity, absence of a particular handicap, or marital status is
  288  a bona fide occupational qualification reasonably necessary for
  289  the performance of the particular employment to which such
  290  action or inaction is related.
  291         (9)(a) This section does shall not apply to any religious
  292  corporation, association, educational institution, or society
  293  that which conditions opportunities in the area of employment or
  294  public accommodation to members of that religious corporation,
  295  association, educational institution, or society or to persons
  296  who subscribe to its tenets or beliefs.
  297         (b) This section does shall not prohibit a religious
  298  corporation, association, educational institution, or society
  299  from giving preference in employment to individuals of a
  300  particular religion to perform work connected with the carrying
  301  on by such corporations, associations, educational institutions,
  302  or societies of its various activities.
  303         (c) This section and s. 760.08 do not limit the free
  304  exercise of religion guaranteed by the United States
  305  Constitution and the State Constitution.
  306         (10) Each employer, employment agency, and labor
  307  organization shall post and keep posted in conspicuous places
  308  upon its premises a notice provided by the commission setting
  309  forth such information as the commission deems appropriate to
  310  effectuate the purposes of ss. 760.01-760.10.
  311         Section 9. Section 760.22, Florida Statutes, is amended to
  312  read:
  313         760.22 Definitions.—As used in ss. 760.20-760.37, the term:
  314         (1) “Commission” means the Florida Commission on Human
  315  Relations.
  316         (2) “Covered multifamily dwelling” means:
  317         (a) A building that which consists of four or more units
  318  and has an elevator; or
  319         (b) The ground floor units of a building that which
  320  consists of four or more units and does not have an elevator.
  321         (3) “Discriminatory housing practice” means an act that is
  322  unlawful under the terms of ss. 760.20-760.37.
  323         (4) “Dwelling” means any building or structure, or portion
  324  thereof, which is occupied as, or designed or intended for
  325  occupancy as, a residence by one or more families, and any
  326  vacant land that which is offered for sale or lease for the
  327  construction or location on the land of any such building or
  328  structure, or portion thereof.
  329         (5) “Familial status” is established when an individual who
  330  has not attained the age of 18 years is domiciled with:
  331         (a) A parent or other person having legal custody of such
  332  individual; or
  333         (b) A designee of a parent or other person having legal
  334  custody, with the written permission of such parent or other
  335  person.
  336         (6) “Family” includes a single individual.
  337         (7) “Gender identity” has the same meaning as provided in
  338  s. 760.02.
  339         (8)(7) “Handicap” means:
  340         (a) A person has a physical or mental impairment that which
  341  substantially limits one or more major life activities for a
  342  person who has, or he or she has a record of having, or is
  343  regarded as having that, such physical or mental impairment; or
  344         (b) A person has a developmental disability as defined in
  345  s. 393.063.
  346         (9)(8) “Person” includes one or more individuals,
  347  corporations, partnerships, associations, labor organizations,
  348  legal representatives, mutual companies, joint-stock companies,
  349  trusts, unincorporated organizations, trustees, trustees in
  350  bankruptcy, receivers, and fiduciaries.
  351         (10) “Sexual orientation” has the same meaning as provided
  352  in s. 760.02.
  353         (11)(9) “Substantially equivalent” means an administrative
  354  subdivision of the State of Florida meeting the requirements of
  355  24 C.F.R. part 115, s. 115.6.
  356         (12)(10) “To rent” includes to lease, to sublease, to let,
  357  and otherwise to grant for a consideration the right to occupy
  358  premises not owned by the occupant.
  359         Section 10. Subsections (1) through (5) of section 760.23,
  360  Florida Statutes, are amended to read:
  361         760.23 Discrimination in the sale or rental of housing and
  362  other prohibited practices.—
  363         (1) It is unlawful to refuse to sell or rent after the
  364  making of a bona fide offer, to refuse to negotiate for the sale
  365  or rental of, or otherwise to make unavailable or deny a
  366  dwelling to any person because of race, color, national origin,
  367  sex, sexual orientation, gender identity, handicap, familial
  368  status, or religion.
  369         (2) It is unlawful to discriminate against any person in
  370  the terms, conditions, or privileges of sale or rental of a
  371  dwelling, or in the provision of services or facilities in
  372  connection therewith, because of race, color, national origin,
  373  sex, sexual orientation, gender identity, handicap, familial
  374  status, or religion.
  375         (3) It is unlawful to make, print, or publish, or cause to
  376  be made, printed, or published, any notice, statement, or
  377  advertisement with respect to the sale or rental of a dwelling
  378  that indicates any preference, limitation, or discrimination
  379  based on race, color, national origin, sex, sexual orientation,
  380  gender identity, handicap, familial status, or religion or an
  381  intention to make any such preference, limitation, or
  382  discrimination.
  383         (4) It is unlawful to represent to any person because of
  384  race, color, national origin, sex, sexual orientation, gender
  385  identity, handicap, familial status, or religion that any
  386  dwelling is not available for inspection, sale, or rental when
  387  such dwelling is in fact so available.
  388         (5) It is unlawful, for profit, to induce or attempt to
  389  induce any person to sell or rent any dwelling by a
  390  representation regarding the entry or prospective entry into the
  391  neighborhood of a person or persons of a particular race, color,
  392  national origin, sex, sexual orientation, gender identity,
  393  handicap, familial status, or religion.
  394         Section 11. Section 760.24, Florida Statutes, is amended to
  395  read:
  396         760.24 Discrimination in the provision of brokerage
  397  services.—It is unlawful to deny any person access to, or
  398  membership or participation in, any multiple-listing service,
  399  real estate brokers’ organization, or other service,
  400  organization, or facility relating to the business of selling or
  401  renting dwellings, or to discriminate against him or her in the
  402  terms or conditions of such access, membership, or
  403  participation, because on account of race, color, national
  404  origin, sex, sexual orientation, gender identity, handicap,
  405  familial status, or religion.
  406         Section 12. Subsection (1) and paragraph (a) of subsection
  407  (2) of section 760.25, Florida Statutes, are amended to read:
  408         760.25 Discrimination in the financing of housing or in
  409  residential real estate transactions.—
  410         (1) It is unlawful for any bank, building and loan
  411  association, insurance company, or other corporation,
  412  association, firm, or enterprise the business of which consists
  413  in whole or in part of the making of commercial real estate
  414  loans to deny a loan or other financial assistance to a person
  415  applying for the loan for the purpose of purchasing,
  416  constructing, improving, repairing, or maintaining a dwelling,
  417  or to discriminate against him or her in the fixing of the
  418  amount, interest rate, duration, or other term or condition of
  419  such loan or other financial assistance, because of the race,
  420  color, national origin, sex, sexual orientation, gender
  421  identity, handicap, familial status, or religion of such person
  422  or of any person associated with him or her in connection with
  423  such loan or other financial assistance or the purposes of such
  424  loan or other financial assistance, or because of the race,
  425  color, national origin, sex, sexual orientation, gender
  426  identity, handicap, familial status, or religion of the present
  427  or prospective owners, lessees, tenants, or occupants of the
  428  dwelling or dwellings in relation to which such loan or other
  429  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 race, color, national origin,
  435  sex, sexual orientation, gender identity, handicap, familial
  436  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  race, color, national origin, sex, sexual orientation, gender
  443  identity, disability, familial status, religion, or, except as
  444  otherwise provided by law, the source of financing of a
  445  development or proposed development.
  446         Section 14. Paragraph (a) of subsection (5) of section
  447  760.29, Florida Statutes, is amended to read:
  448         760.29 Exemptions.—
  449         (5) Nothing in ss. 760.20-760.37:
  450         (a) Prohibits a person engaged in the business of
  451  furnishing appraisals of real property from taking into
  452  consideration factors other than race, color, national origin,
  453  sex, sexual orientation, gender identity, handicap, familial
  454  status, or religion.
  455         Section 15. Subsection (1) of section 760.60, Florida
  456  Statutes, is amended to read:
  457         760.60 Discriminatory practices of certain clubs
  458  prohibited; remedies.—
  459         (1) It is unlawful for a person to discriminate against any
  460  individual because of race, color, religion, gender, national
  461  origin, handicap, age above the age of 21, sexual orientation,
  462  gender identity, or marital status in evaluating an application
  463  for membership in a club that has more than 400 members, that
  464  provides regular meal service, and that regularly receives
  465  payment for dues, fees, use of space, facilities, services,
  466  meals, or beverages directly or indirectly from nonmembers for
  467  business purposes. It is unlawful for a person, on behalf of
  468  such a club, to publish, circulate, issue, display, post, or
  469  mail any advertisement, notice, or solicitation that contains a
  470  statement to the effect that the accommodations, advantages,
  471  facilities, membership, or privileges of the club are denied to
  472  any individual because of race, color, religion, gender,
  473  national origin, handicap, age above the age of 21, sexual
  474  orientation, gender identity, or marital status. This subsection
  475  does not apply to fraternal or benevolent organizations, ethnic
  476  clubs, or religious organizations where business activity is not
  477  prevalent.
  478         Section 16. Paragraph (e) of subsection (1) of section
  479  419.001, Florida Statutes, is amended to read:
  480         419.001 Site selection of community residential homes.—
  481         (1) For the purposes of this section, the term:
  482         (e) “Resident” means any of the following: a frail elder as
  483  defined in s. 429.65; a person who has a handicap as defined in
  484  s. 760.22(8)(a) s. 760.22(7)(a); a person who has a
  485  developmental disability as defined in s. 393.063; a
  486  nondangerous person who has a mental illness as defined in s.
  487  394.455; or a child who is found to be dependent as defined in
  488  s. 39.01 or s. 984.03, or a child in need of services as defined
  489  in s. 984.03 or s. 985.03.
  490         Section 17. This act shall take effect July 1, 2018.