Florida Senate - 2019 SB 430
By Senator Rouson
19-00467A-19 2019430__
1 A bill to be entitled
2 An act relating to prohibited discrimination;
3 providing a short title; amending s. 509.092, F.S.;
4 adding sexual orientation and gender identity as
5 impermissible grounds for discrimination in public
6 lodging establishments and public food service
7 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 Relations
15 to conform to changes made by the act; amending s.
16 760.07, F.S.; revising provisions regarding remedies
17 for unlawful discrimination to include discrimination
18 based on sexual orientation and gender identity to
19 conform to changes made by the act; amending s.
20 760.08, F.S.; adding sexual orientation and gender
21 identity as impermissible grounds for discrimination
22 in places of public accommodation; amending s. 760.10,
23 F.S.; adding sexual orientation and gender identity as
24 impermissible grounds for discrimination with respect
25 to specified unlawful employment practices; providing
26 an exception for constitutionally protected free
27 exercise of religion; amending s. 760.22, F.S.;
28 defining the terms “gender identity” and “sexual
29 orientation” for purposes of the Fair Housing Act;
30 amending ss. 760.23, 760.24, 760.25, and 760.26, F.S.;
31 adding sexual orientation and gender identity as
32 impermissible grounds for discrimination with respect
33 to the sale or rental of housing, the provision of
34 brokerage services, the financing of housing or in
35 residential real estate transactions, and land use
36 decisions and permitting of development, respectively;
37 amending s. 760.29, F.S.; revising an exemption from
38 the Fair Housing Act regarding the appraisal of real
39 property to conform to changes made by the act;
40 amending s. 760.60, F.S.; adding sexual orientation
41 and gender identity as impermissible grounds for
42 discrimination with respect to practices of certain
43 clubs; amending s. 419.001, F.S.; conforming a cross
44 reference; providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. This act may be cited as the “Florida
49 Competitive Workforce Act.”
50 Section 2. Section 509.092, Florida Statutes, is amended to
51 read:
52 509.092 Public lodging establishments and public food
53 service establishments; rights as private enterprises.—
54 (1) Public lodging establishments and public food service
55 establishments are private enterprises, and the operator has the
56 right to refuse accommodations or service to any person who is
57 objectionable or undesirable to the operator, but such refusal
58 may not be based upon race, creed, color, sex, pregnancy,
59 physical disability, sexual orientation, gender identity, or
60 national origin.
61 (2) A person aggrieved by a violation of this section or a
62 violation of a rule adopted under this section has a right of
63 action pursuant to s. 760.11.
64 (3) This section does not limit the free exercise of
65 religion guaranteed by the United States Constitution and the
66 State Constitution.
67 Section 3. Subsection (1) of section 760.01, Florida
68 Statutes, is republished, and subsection (2) of that section is
69 amended, to read:
70 760.01 Purposes; construction; title.—
71 (1) Sections 760.01-760.11 and 509.092 shall be cited as
72 the “Florida Civil Rights Act of 1992.”
73 (2) The general purposes of the Florida Civil Rights Act of
74 1992 are to secure for all individuals within the state freedom
75 from discrimination because of race, color, religion, sex,
76 pregnancy, national origin, age, sexual orientation, gender
77 identity, handicap, or marital status and thereby to protect
78 their interest in personal dignity, to make available to the
79 state their full productive capacities, to secure the state
80 against domestic strife and unrest, to preserve the public
81 safety, health, and general welfare, and to promote the
82 interests, rights, and privileges of individuals within the
83 state.
84 Section 4. Section 760.02, Florida Statutes, is reordered
85 and amended to read:
86 760.02 Definitions.—For the purposes of ss. 760.01-760.11
87 and 509.092, the term:
88 (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
89 760.11 and 509.092.
90 (2) “Commission” means the Florida Commission on Human
91 Relations created by s. 760.03.
92 (3) “Commissioner” or “member” means a member of the
93 commission.
94 (4) “Discriminatory practice” means any practice made
95 unlawful by the Florida Civil Rights Act of 1992.
96 (10)(5) “National origin” includes ancestry.
97 (11)(6) “Person” includes an individual, association,
98 corporation, joint apprenticeship committee, joint-stock
99 company, labor union, legal representative, mutual company,
100 partnership, receiver, trust, trustee in bankruptcy, or
101 unincorporated organization; any other legal or commercial
102 entity; the state; or any governmental entity or agency.
103 (5)(7) “Employer” means any person employing 15 or more
104 employees for each working day in each of 20 or more calendar
105 weeks in the current or preceding calendar year, and any agent
106 of such a person.
107 (6)(8) “Employment agency” means any person regularly
108 undertaking, with or without compensation, to procure employees
109 for an employer or to procure for employees opportunities to
110 work for an employer, and includes an agent of such a person.
111 (8) “Gender identity” means gender-related identity,
112 appearance, or behavior, regardless of whether such gender
113 related identity, appearance, or behavior is different from that
114 traditionally associated with the person’s physiology or
115 assigned sex at birth, and which gender-related identity can be
116 shown by the person providing evidence, including, but not
117 limited to:
118 (a) Medical history, care, or treatment of the gender
119 related identity;
120 (b) Consistent and uniform assertion of the gender-related
121 identity; or
122 (c) Other evidence that the gender-related identity is a
123 sincerely held part of a person’s core identity and is not being
124 asserted for an improper purpose.
125 (9) “Labor organization” means any organization that which
126 exists for the purpose, in whole or in part, of collective
127 bargaining or of dealing with employers concerning grievances,
128 terms or conditions of employment, or other mutual aid or
129 protection in connection with employment.
130 (1)(10) “Aggrieved person” means any person who files a
131 complaint with the Florida Commission on Human Relations
132 Commission.
133 (12)(11) “Public accommodations” means places of public
134 accommodation, lodgings, facilities principally engaged in
135 selling food for consumption on the premises, gasoline stations,
136 places of exhibition or entertainment, and other covered
137 establishments. Each of the following establishments which
138 serves the public is a place of public accommodation within the
139 meaning of this section:
140 (a) Any inn, hotel, motel, or other establishment that
141 which provides lodging to transient guests, other than an
142 establishment located within a building that which contains not
143 more than four rooms for rent or hire and that which is actually
144 occupied by the proprietor of such establishment as his or her
145 residence.
146 (b) Any restaurant, cafeteria, lunchroom, lunch counter,
147 soda fountain, or other facility principally engaged in selling
148 food for consumption on the premises, including, but not limited
149 to, any such facility located on the premises of any retail
150 establishment, or any gasoline station.
151 (c) Any motion picture theater, theater, concert hall,
152 sports arena, stadium, or other place of exhibition or
153 entertainment.
154 (d) Any establishment that which is physically located
155 within the premises of any establishment otherwise covered by
156 this subsection, or within the premises of which is physically
157 located any such covered establishment, and that which holds
158 itself out as serving patrons of such covered establishment.
159 (13) “Sexual orientation” means an individual’s
160 heterosexuality, homosexuality, or bisexuality.
161 Section 5. Section 760.05, Florida Statutes, is amended to
162 read:
163 760.05 Functions of the commission.—The commission shall
164 promote and encourage fair treatment and equal opportunity for
165 all persons regardless of race, color, religion, sex, pregnancy,
166 national origin, age, sexual orientation, gender identity,
167 handicap, or marital status and mutual understanding and respect
168 among all members of society. The commission all economic,
169 social, racial, religious, and ethnic groups; and shall endeavor
170 to eliminate discrimination against, and antagonism between,
171 persons on the basis of race, color, religion, sex, pregnancy,
172 national origin, age, sexual orientation, gender identity,
173 handicap, or marital status religious, racial, and ethnic groups
174 and their members.
175 Section 6. Section 760.07, Florida Statutes, is amended to
176 read:
177 760.07 Remedies for unlawful discrimination.—Any violation
178 of any state law Florida statute making unlawful discrimination
179 because of race, color, religion, gender, pregnancy, national
180 origin, age, sexual orientation, gender identity, handicap, or
181 marital status in the areas of education, employment, housing,
182 or public accommodations gives rise to a cause of action for all
183 relief and damages described in s. 760.11(5), unless greater
184 damages are expressly provided for. If the statute prohibiting
185 unlawful discrimination provides an administrative remedy, the
186 action for equitable relief and damages provided for in this
187 section may be initiated only after the plaintiff has exhausted
188 his or her administrative remedy. The term “public
189 accommodations” does not include lodge halls or other similar
190 facilities of private organizations which are made available for
191 public use occasionally or periodically. The right to trial by
192 jury is preserved in any case in which the plaintiff is seeking
193 actual or punitive damages.
194 Section 7. Section 760.08, Florida Statutes, is amended to
195 read:
196 760.08 Discrimination in places of public accommodation.
197 All persons are entitled to the full and equal enjoyment of the
198 goods, services, facilities, privileges, advantages, and
199 accommodations of any place of public accommodation without
200 discrimination or segregation on the ground of race, color,
201 national origin, sex, sexual orientation, gender identity,
202 pregnancy, handicap, familial status, or religion.
203 Section 8. Subsections (1) and (2), paragraphs (a) and (b)
204 of subsection (3), subsections (4), (5), and (6), paragraph (a)
205 of subsection (8), and subsection (9) of section 760.10, Florida
206 Statutes, are amended, and subsection (10) of that section is
207 republished, to read:
208 760.10 Unlawful employment practices.—
209 (1) It is an unlawful employment practice for an employer:
210 (a) To discharge or to fail or refuse to hire any
211 individual, or otherwise to discriminate against any individual
212 with respect to compensation, terms, conditions, or privileges
213 of employment, because of such individual’s race, color,
214 religion, sex, pregnancy, national origin, age, sexual
215 orientation, gender identity, handicap, or marital status.
216 (b) To limit, segregate, or classify employees or
217 applicants for employment in any way that which would deprive or
218 tend to deprive any individual of employment opportunities, or
219 adversely affect any individual’s status as an employee, because
220 of such individual’s race, color, religion, sex, pregnancy,
221 national origin, age, sexual orientation, gender identity,
222 handicap, or marital status.
223 (2) It is an unlawful employment practice for an employment
224 agency to fail or refuse to refer for employment, or otherwise
225 to discriminate against, any individual because of race, color,
226 religion, sex, pregnancy, national origin, age, sexual
227 orientation, gender identity, handicap, or marital status or to
228 classify or refer for employment any individual on the basis of
229 race, color, religion, sex, pregnancy, national origin, age,
230 sexual orientation, gender identity, handicap, or marital
231 status.
232 (3) It is an unlawful employment practice for a labor
233 organization:
234 (a) To exclude or to expel from its membership, or
235 otherwise to discriminate against, any individual because of
236 race, color, religion, sex, pregnancy, national origin, age,
237 sexual orientation, gender identity, handicap, or marital
238 status.
239 (b) To limit, segregate, or classify its membership or
240 applicants for membership, or to classify or fail or refuse to
241 refer for employment any individual, in any way that would
242 deprive or tend to deprive any individual of employment
243 opportunities, or adversely affect any individual’s status as an
244 employee or as an applicant for employment, because of such
245 individual’s race, color, religion, sex, pregnancy, national
246 origin, age, sexual orientation, gender identity, handicap, or
247 marital status.
248 (4) It is an unlawful employment practice for any employer,
249 labor organization, or joint labor-management committee
250 controlling apprenticeship or other training or retraining,
251 including on-the-job training programs, to discriminate against
252 any individual because of race, color, religion, sex, pregnancy,
253 national origin, age, sexual orientation, gender identity,
254 handicap, or marital status in admission to, or employment in,
255 any program established to provide apprenticeship or other
256 training.
257 (5) Whenever, in order to engage in a profession,
258 occupation, or trade, it is required that a person receive a
259 license, certification, or other credential;, become a member or
260 an associate of any club, association, or other organization;,
261 or pass any examination, it is an unlawful employment practice
262 for any person to discriminate against any other person seeking
263 such license, certification, or other credential;, seeking to
264 become a member or associate of such club, association, or other
265 organization;, or seeking to take or pass such examination,
266 because of such other person’s race, color, religion, sex,
267 pregnancy, national origin, age, sexual orientation, gender
268 identity, handicap, or marital status.
269 (6) It is an unlawful employment practice for an employer,
270 a labor organization, an employment agency, or a joint labor
271 management committee to print, or cause to be printed or
272 published, any notice or advertisement relating to employment,
273 membership, classification, referral for employment, or
274 apprenticeship or other training which indicates, indicating any
275 preference, limitation, specification, or discrimination, based
276 on race, color, religion, sex, pregnancy, national origin, age,
277 sexual orientation, gender identity, absence of handicap, or
278 marital status.
279 (8) Notwithstanding any other provision of this section, it
280 is not an unlawful employment practice under ss. 760.01-760.10
281 for an employer, employment agency, labor organization, or joint
282 labor-management committee to:
283 (a) Take or fail to take any action on the basis of
284 religion, sex, pregnancy, national origin, age, sexual
285 orientation, gender identity, handicap, or marital status in
286 those certain instances in which religion, sex, condition of
287 pregnancy, national origin, age, sexual orientation, gender
288 identity, absence of a particular handicap, or marital status is
289 a bona fide occupational qualification reasonably necessary for
290 the performance of the particular employment to which such
291 action or inaction is related.
292 (9)(a) This section does shall not apply to any religious
293 corporation, association, educational institution, or society
294 that which conditions opportunities in the area of employment or
295 public accommodation to members of that religious corporation,
296 association, educational institution, or society or to persons
297 who subscribe to its tenets or beliefs.
298 (b) This section does shall not prohibit a religious
299 corporation, association, educational institution, or society
300 from giving preference in employment to individuals of a
301 particular religion to perform work connected with the carrying
302 on by such corporations, associations, educational institutions,
303 or societies of its various activities.
304 (c) This section and s. 760.08 do not limit the free
305 exercise of religion guaranteed by the United States
306 Constitution and the State Constitution.
307 (10) Each employer, employment agency, and labor
308 organization shall post and keep posted in conspicuous places
309 upon its premises a notice provided by the commission setting
310 forth such information as the commission deems appropriate to
311 effectuate the purposes of ss. 760.01-760.10.
312 Section 9. Section 760.22, Florida Statutes, is amended to
313 read:
314 760.22 Definitions.—As used in ss. 760.20-760.37, the term:
315 (1) “Commission” means the Florida Commission on Human
316 Relations.
317 (2) “Covered multifamily dwelling” means:
318 (a) A building that which consists of four or more units
319 and has an elevator; or
320 (b) The ground floor units of a building that which
321 consists of four or more units and does not have an elevator.
322 (3) “Discriminatory housing practice” means an act that is
323 unlawful under the terms of ss. 760.20-760.37.
324 (4) “Dwelling” means any building or structure, or portion
325 thereof, which is occupied as, or designed or intended for
326 occupancy as, a residence by one or more families, and any
327 vacant land that which is offered for sale or lease for the
328 construction or location on the land of any such building or
329 structure, or portion thereof.
330 (5) “Familial status” is established when an individual who
331 has not attained the age of 18 years is domiciled with:
332 (a) A parent or other person having legal custody of such
333 individual; or
334 (b) A designee of a parent or other person having legal
335 custody, with the written permission of such parent or other
336 person.
337 (6) “Family” includes a single individual.
338 (7) “Gender identity” has the same meaning as provided in
339 s. 760.02.
340 (8)(7) “Handicap” means:
341 (a) A person has a physical or mental impairment that which
342 substantially limits one or more major life activities of a
343 person who has, or he or she has a record of having, or is
344 regarded as having that, such physical or mental impairment; or
345 (b) A person has a developmental disability as defined in
346 s. 393.063.
347 (9)(8) “Person” includes one or more individuals,
348 corporations, partnerships, associations, labor organizations,
349 legal representatives, mutual companies, joint-stock companies,
350 trusts, unincorporated organizations, trustees, trustees in
351 bankruptcy, receivers, and fiduciaries.
352 (10) “Sexual orientation” has the same meaning as provided
353 in s. 760.02.
354 (11)(9) “Substantially equivalent” means an administrative
355 subdivision of the State of Florida meeting the requirements of
356 24 C.F.R. part 115, s. 115.6.
357 (12)(10) “To rent” includes to lease, to sublease, to let,
358 and otherwise to grant for a consideration the right to occupy
359 premises not owned by the occupant.
360 Section 10. Subsections (1) through (5) of section 760.23,
361 Florida Statutes, are amended to read:
362 760.23 Discrimination in the sale or rental of housing and
363 other prohibited practices.—
364 (1) It is unlawful to refuse to sell or rent after the
365 making of a bona fide offer, to refuse to negotiate for the sale
366 or rental of, or otherwise to make unavailable or deny a
367 dwelling to any person because of race, color, national origin,
368 sex, sexual orientation, gender identity, handicap, familial
369 status, or religion.
370 (2) It is unlawful to discriminate against any person in
371 the terms, conditions, or privileges of sale or rental of a
372 dwelling, or in the provision of services or facilities in
373 connection therewith, because of race, color, national origin,
374 sex, sexual orientation, gender identity, handicap, familial
375 status, or religion.
376 (3) It is unlawful to make, print, or publish, or cause to
377 be made, printed, or published, any notice, statement, or
378 advertisement with respect to the sale or rental of a dwelling
379 that indicates any preference, limitation, or discrimination
380 based on race, color, national origin, sex, sexual orientation,
381 gender identity, handicap, familial status, or religion or an
382 intention to make any such preference, limitation, or
383 discrimination.
384 (4) It is unlawful to represent to any person because of
385 race, color, national origin, sex, sexual orientation, gender
386 identity, handicap, familial status, or religion that any
387 dwelling is not available for inspection, sale, or rental when
388 such dwelling is in fact so available.
389 (5) It is unlawful, for profit, to induce or attempt to
390 induce any person to sell or rent any dwelling by a
391 representation regarding the entry or prospective entry into the
392 neighborhood of a person or persons of a particular race, color,
393 national origin, sex, sexual orientation, gender identity,
394 handicap, familial status, or religion.
395 Section 11. Section 760.24, Florida Statutes, is amended to
396 read:
397 760.24 Discrimination in the provision of brokerage
398 services.—It is unlawful to deny any person access to, or
399 membership or participation in, any multiple-listing service,
400 real estate brokers’ organization, or other service,
401 organization, or facility relating to the business of selling or
402 renting dwellings, or to discriminate against him or her in the
403 terms or conditions of such access, membership, or
404 participation, because on account of race, color, national
405 origin, sex, sexual orientation, gender identity, handicap,
406 familial status, or religion.
407 Section 12. Subsection (1) and paragraph (a) of subsection
408 (2) of section 760.25, Florida Statutes, are amended to read:
409 760.25 Discrimination in the financing of housing or in
410 residential real estate transactions.—
411 (1) It is unlawful for any bank, building and loan
412 association, insurance company, or other corporation,
413 association, firm, or enterprise the business of which consists
414 in whole or in part of the making of commercial real estate
415 loans to deny a loan or other financial assistance to a person
416 applying for the loan for the purpose of purchasing,
417 constructing, improving, repairing, or maintaining a dwelling,
418 or to discriminate against him or her in the fixing of the
419 amount, interest rate, duration, or other term or condition of
420 such loan or other financial assistance, because of the race,
421 color, national origin, sex, sexual orientation, gender
422 identity, handicap, familial status, or religion of such person
423 or of any person associated with him or her in connection with
424 such loan or other financial assistance or the purposes of such
425 loan or other financial assistance, or because of the race,
426 color, national origin, sex, sexual orientation, gender
427 identity, handicap, familial status, or religion of the present
428 or prospective owners, lessees, tenants, or occupants of the
429 dwelling or dwellings in relation to which such loan or other
430 financial assistance is to be made or given.
431 (2)(a) It is unlawful for any person or entity whose
432 business includes engaging in residential real estate
433 transactions to discriminate against any person in making
434 available such a transaction, or in the terms or conditions of
435 such a transaction, because of race, color, national origin,
436 sex, sexual orientation, gender identity, handicap, familial
437 status, or religion.
438 Section 13. Section 760.26, Florida Statutes, is amended to
439 read:
440 760.26 Prohibited discrimination in land use decisions and
441 in permitting of development.—It is unlawful to discriminate in
442 land use decisions or in the permitting of development based on
443 race, color, national origin, sex, sexual orientation, gender
444 identity, disability, familial status, religion, or, except as
445 otherwise provided by law, the source of financing of a
446 development or 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, handicap, familial
455 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 race, color, religion, gender, national
462 origin, handicap, age above the age of 21, sexual orientation,
463 gender identity, or marital status in evaluating an application
464 for membership in a club that has more than 400 members, that
465 provides regular meal service, and that regularly receives
466 payment for dues, fees, use of space, facilities, services,
467 meals, or beverages directly or indirectly from nonmembers for
468 business purposes. It is unlawful for a person, on behalf of
469 such a club, to publish, circulate, issue, display, post, or
470 mail any advertisement, notice, or solicitation that contains a
471 statement to the effect that the accommodations, advantages,
472 facilities, membership, or privileges of the club are denied to
473 any individual because of race, color, religion, gender,
474 national origin, handicap, age above the age of 21, sexual
475 orientation, gender identity, or marital status. This subsection
476 does not apply to fraternal or benevolent organizations, ethnic
477 clubs, or religious organizations where business activity is not
478 prevalent.
479 Section 16. Paragraph (e) of subsection (1) of section
480 419.001, Florida Statutes, is amended to read:
481 419.001 Site selection of community residential homes.—
482 (1) For the purposes of this section, the term:
483 (e) “Resident” means any of the following: a frail elder as
484 defined in s. 429.65; a person who has a handicap as defined in
485 s. 760.22(8)(a) s. 760.22(7)(a); a person who has a
486 developmental disability as defined in s. 393.063; a
487 nondangerous person who has a mental illness as defined in s.
488 394.455; or a child who is found to be dependent as defined in
489 s. 39.01 or s. 984.03, or a child in need of services as defined
490 in s. 984.03 or s. 985.03.
491 Section 17. This act shall take effect July 1, 2019.