Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 90
       
       
       
       
       
       
                                Ì423392+Î423392                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/18/2020           .                                
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       The Committee on Commerce and Tourism (Torres) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 211 and 212
    4  insert:
    5         Section 5. Section 509.092, Florida Statutes, is amended to
    6  read:
    7         509.092 Public lodging establishments and public food
    8  service establishments; rights as private enterprises.—
    9         (1) Public lodging establishments and public food service
   10  establishments are private enterprises, and the operator has the
   11  right to refuse accommodations or service to any person who is
   12  objectionable or undesirable to the operator, but such refusal
   13  may not be based upon race, creed, color, sex, pregnancy,
   14  physical disability, sexual orientation, gender identity, or
   15  national origin.
   16         (2) A person aggrieved by a violation of this section or a
   17  violation of a rule adopted under this section has a right of
   18  action pursuant to s. 760.11.
   19         (3) This section does not limit the free exercise of
   20  religion guaranteed by the United States Constitution and the
   21  State Constitution.
   22         Section 6. Subsection (1) of section 760.01, Florida
   23  Statutes, is republished, and subsection (2) of that section is
   24  amended, to read:
   25         760.01 Purposes; construction; title.—
   26         (1) Sections 760.01-760.11 and 509.092 shall be cited as
   27  the “Florida Civil Rights Act of 1992.”
   28         (2) The general purposes of the Florida Civil Rights Act of
   29  1992 are to secure for all individuals within the state freedom
   30  from discrimination because of race, color, religion, sex,
   31  pregnancy, national origin, age, sexual orientation, gender
   32  identity, handicap, or marital status and thereby to protect
   33  their interest in personal dignity, to make available to the
   34  state their full productive capacities, to secure the state
   35  against domestic strife and unrest, to preserve the public
   36  safety, health, and general welfare, and to promote the
   37  interests, rights, and privileges of individuals within the
   38  state.
   39         Section 7. Section 760.02, Florida Statutes, is reordered
   40  and amended to read:
   41         760.02 Definitions.—For the purposes of ss. 760.01-760.11
   42  and 509.092, the term:
   43         (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
   44  760.11 and 509.092.
   45         (2) “Commission” means the Florida Commission on Human
   46  Relations created by s. 760.03.
   47         (3) “Commissioner” or “member” means a member of the
   48  commission.
   49         (4) “Discriminatory practice” means any practice made
   50  unlawful by the Florida Civil Rights Act of 1992.
   51         (10)(5) “National origin” includes ancestry.
   52         (11)(6) “Person” includes an individual, association,
   53  corporation, joint apprenticeship committee, joint-stock
   54  company, labor union, legal representative, mutual company,
   55  partnership, receiver, trust, trustee in bankruptcy, or
   56  unincorporated organization; any other legal or commercial
   57  entity; the state; or any governmental entity or agency.
   58         (5)(7) “Employer” means any person employing 10 15 or more
   59  employees for each working day in each of 20 or more calendar
   60  weeks in the current or preceding calendar year, and any agent
   61  of such a person.
   62         (6)(8) “Employment agency” means any person regularly
   63  undertaking, with or without compensation, to procure employees
   64  for an employer or to procure for employees opportunities to
   65  work for an employer, and includes an agent of such a person.
   66         (8) “Gender identity” means gender-related identity,
   67  appearance, or behavior, regardless of whether such gender
   68  related identity, appearance, or behavior is different from that
   69  traditionally associated with the person’s physiology or
   70  assigned sex at birth.
   71         (9) “Labor organization” means any organization that which
   72  exists for the purpose, in whole or in part, of collective
   73  bargaining or of dealing with employers concerning grievances,
   74  terms or conditions of employment, or other mutual aid or
   75  protection in connection with employment.
   76         (1)(10) “Aggrieved person” means any person who files a
   77  complaint with the Human Relations commission.
   78         (12)(11) “Public accommodations” means places of public
   79  accommodation, lodgings, facilities principally engaged in
   80  selling food for consumption on the premises, gasoline stations,
   81  places of exhibition or entertainment, and other covered
   82  establishments. Each of the following establishments which
   83  serves the public is a place of public accommodation within the
   84  meaning of this section:
   85         (a) Any inn, hotel, motel, or other establishment that
   86  which provides lodging to transient guests, other than an
   87  establishment located within a building that which contains not
   88  more than four rooms for rent or hire and that which is actually
   89  occupied by the proprietor of such establishment as his or her
   90  residence.
   91         (b) Any restaurant, cafeteria, lunchroom, lunch counter,
   92  soda fountain, or other facility principally engaged in selling
   93  food for consumption on the premises, including, but not limited
   94  to, any such facility located on the premises of any retail
   95  establishment, or any gasoline station.
   96         (c) Any motion picture theater, theater, concert hall,
   97  sports arena, stadium, or other place of exhibition or
   98  entertainment.
   99         (d) Any establishment that which is physically located
  100  within the premises of any establishment otherwise covered by
  101  this subsection, or within the premises of which is physically
  102  located any such covered establishment, and that which holds
  103  itself out as serving patrons of such covered establishment.
  104         (13) “Sexual orientation” means an individual’s
  105  heterosexuality, homosexuality, or bisexuality.
  106         Section 8. Section 760.05, Florida Statutes, is amended to
  107  read:
  108         760.05 Functions of the commission.—The commission shall
  109  promote and encourage fair treatment and equal opportunity for
  110  all persons regardless of race, color, religion, sex, pregnancy,
  111  national origin, age, sexual orientation, gender identity,
  112  handicap, or marital status and mutual understanding and respect
  113  among all members of society. The commission all economic,
  114  social, racial, religious, and ethnic groups; and shall endeavor
  115  to eliminate discrimination against, and antagonism between,
  116  persons on the basis of race, color, religion, sex, pregnancy,
  117  national origin, age, sexual orientation, gender identity,
  118  handicap, or marital status religious, racial, and ethnic groups
  119  and their members.
  120         Section 9. Section 760.07, Florida Statutes, is amended to
  121  read:
  122         760.07 Remedies for unlawful discrimination.—Any violation
  123  of any state law Florida statute making unlawful discrimination
  124  because of race, color, religion, gender, pregnancy, national
  125  origin, age, sexual orientation, gender identity, handicap, or
  126  marital status in the areas of education, employment, housing,
  127  or public accommodations gives rise to a cause of action for all
  128  relief and damages described in s. 760.11(5), unless greater
  129  damages are expressly provided for. If the statute prohibiting
  130  unlawful discrimination provides an administrative remedy, the
  131  action for equitable relief and damages provided for in this
  132  section may be initiated only after the plaintiff has exhausted
  133  his or her administrative remedy. The term “public
  134  accommodations” does not include lodge halls or other similar
  135  facilities of private organizations which are made available for
  136  public use occasionally or periodically. The right to trial by
  137  jury is preserved in any case in which the plaintiff is seeking
  138  actual or punitive damages.
  139         Section 10. Section 760.08, Florida Statutes, is amended to
  140  read:
  141         760.08 Discrimination in places of public accommodation.
  142  All persons are entitled to the full and equal enjoyment of the
  143  goods, services, facilities, privileges, advantages, and
  144  accommodations of any place of public accommodation without
  145  discrimination or segregation on the ground of race, color,
  146  national origin, sex, sexual orientation, gender identity,
  147  pregnancy, handicap, familial status, or religion.
  148         Section 11. Subsections (1) and (2), paragraphs (a) and (b)
  149  of subsection (3), subsections (4), (5), and (6), paragraph (a)
  150  of subsection (8), and subsection (9) of section 760.10, Florida
  151  Statutes, are amended, and subsection (10) of that section is
  152  republished, to read:
  153         760.10 Unlawful employment practices.—
  154         (1) It is an unlawful employment practice for an employer:
  155         (a) To discharge or to fail or refuse to hire any
  156  individual, or otherwise to discriminate against any individual
  157  with respect to compensation, terms, conditions, or privileges
  158  of employment, because of such individual’s race, color,
  159  religion, sex, pregnancy, national origin, age, sexual
  160  orientation, gender identity, handicap, or marital status.
  161         (b) To limit, segregate, or classify employees or
  162  applicants for employment in any way that which would deprive or
  163  tend to deprive any individual of employment opportunities, or
  164  adversely affect any individual’s status as an employee, because
  165  of such individual’s race, color, religion, sex, pregnancy,
  166  national origin, age, sexual orientation, gender identity,
  167  handicap, or marital status.
  168         (2) It is an unlawful employment practice for an employment
  169  agency to fail or refuse to refer for employment, or otherwise
  170  to discriminate against, any individual because of race, color,
  171  religion, sex, pregnancy, national origin, age, sexual
  172  orientation, gender identity, handicap, or marital status or to
  173  classify or refer for employment any individual on the basis of
  174  race, color, religion, sex, pregnancy, national origin, age,
  175  sexual orientation, gender identity, handicap, or marital
  176  status.
  177         (3) It is an unlawful employment practice for a labor
  178  organization:
  179         (a) To exclude or to expel from its membership, or
  180  otherwise to discriminate against, any individual because of
  181  race, color, religion, sex, pregnancy, national origin, age,
  182  sexual orientation, gender identity, handicap, or marital
  183  status.
  184         (b) To limit, segregate, or classify its membership or
  185  applicants for membership, or to classify or fail or refuse to
  186  refer for employment any individual, in any way that would
  187  deprive or tend to deprive any individual of employment
  188  opportunities, or adversely affect any individual’s status as an
  189  employee or as an applicant for employment, because of such
  190  individual’s race, color, religion, sex, pregnancy, national
  191  origin, age, sexual orientation, gender identity, handicap, or
  192  marital status.
  193         (4) It is an unlawful employment practice for any employer,
  194  labor organization, or joint labor-management committee
  195  controlling apprenticeship or other training or retraining,
  196  including on-the-job training programs, to discriminate against
  197  any individual because of race, color, religion, sex, pregnancy,
  198  national origin, age, sexual orientation, gender identity,
  199  handicap, or marital status in admission to, or employment in,
  200  any program established to provide apprenticeship or other
  201  training.
  202         (5) Whenever, in order to engage in a profession,
  203  occupation, or trade, it is required that a person receive a
  204  license, certification, or other credential;, become a member or
  205  an associate of any club, association, or other organization;,
  206  or pass any examination, it is an unlawful employment practice
  207  for any person to discriminate against any other person seeking
  208  such license, certification, or other credential;, seeking to
  209  become a member or associate of such club, association, or other
  210  organization;, or seeking to take or pass such examination,
  211  because of such other person’s race, color, religion, sex,
  212  pregnancy, national origin, age, sexual orientation, gender
  213  identity, handicap, or marital status.
  214         (6) It is an unlawful employment practice for an employer,
  215  a labor organization, an employment agency, or a joint labor
  216  management committee to print, or cause to be printed or
  217  published, any notice or advertisement relating to employment,
  218  membership, classification, referral for employment, or
  219  apprenticeship or other training which indicates, indicating any
  220  preference, limitation, specification, or discrimination, based
  221  on race, color, religion, sex, pregnancy, national origin, age,
  222  sexual orientation, gender identity, absence of handicap, or
  223  marital status.
  224         (8) Notwithstanding any other provision of this section, it
  225  is not an unlawful employment practice under ss. 760.01-760.10
  226  for an employer, employment agency, labor organization, or joint
  227  labor-management committee to:
  228         (a) Take or fail to take any action on the basis of
  229  religion, sex, pregnancy, national origin, age, sexual
  230  orientation, gender identity, handicap, or marital status in
  231  those certain instances in which religion, sex, condition of
  232  pregnancy, national origin, age, sexual orientation, gender
  233  identity, absence of a particular handicap, or marital status is
  234  a bona fide occupational qualification reasonably necessary for
  235  the performance of the particular employment to which such
  236  action or inaction is related.
  237         (9)(a) This section does shall not apply to any religious
  238  corporation, association, educational institution, or society
  239  that which conditions opportunities in the area of employment or
  240  public accommodation to members of that religious corporation,
  241  association, educational institution, or society or to persons
  242  who subscribe to its tenets or beliefs.
  243         (b) This section does shall not prohibit a religious
  244  corporation, association, educational institution, or society
  245  from giving preference in employment to individuals of a
  246  particular religion to perform work connected with the carrying
  247  on by such corporations, associations, educational institutions,
  248  or societies of its various activities.
  249         (c) This section and s. 760.08 do not limit the free
  250  exercise of religion guaranteed by the United States
  251  Constitution and the State Constitution.
  252         (10) Each employer, employment agency, and labor
  253  organization shall post and keep posted in conspicuous places
  254  upon its premises a notice provided by the commission setting
  255  forth such information as the commission deems appropriate to
  256  effectuate the purposes of ss. 760.01-760.10.
  257         Section 12. Section 760.22, Florida Statutes, is amended to
  258  read:
  259         760.22 Definitions.—As used in ss. 760.20-760.37, the term:
  260         (1) “Commission” means the Florida Commission on Human
  261  Relations.
  262         (2) “Covered multifamily dwelling” means:
  263         (a) A building that which consists of four or more units
  264  and has an elevator; or
  265         (b) The ground floor units of a building that which
  266  consists of four or more units and does not have an elevator.
  267         (3) “Discriminatory housing practice” means an act that is
  268  unlawful under the terms of ss. 760.20-760.37.
  269         (4) “Dwelling” means any building or structure, or portion
  270  thereof, which is occupied as, or designed or intended for
  271  occupancy as, a residence by one or more families, and any
  272  vacant land that which is offered for sale or lease for the
  273  construction or location on the land of any such building or
  274  structure, or portion thereof.
  275         (5) “Familial status” is established when an individual who
  276  has not attained the age of 18 years is domiciled with:
  277         (a) A parent or other person having legal custody of such
  278  individual; or
  279         (b) A designee of a parent or other person having legal
  280  custody, with the written permission of such parent or other
  281  person.
  282         (6) “Family” includes a single individual.
  283         (7) “Gender identity” has the same meaning as provided in
  284  s. 760.02.
  285         (8)(7) “Handicap” means:
  286         (a) A person has a physical or mental impairment that which
  287  substantially limits one or more major life activities of a
  288  person who has, or he or she has a record of having, or is
  289  regarded as having that, such physical or mental impairment; or
  290         (b) A person has a developmental disability as defined in
  291  s. 393.063.
  292         (9)(8) “Person” includes one or more individuals,
  293  corporations, partnerships, associations, labor organizations,
  294  legal representatives, mutual companies, joint-stock companies,
  295  trusts, unincorporated organizations, trustees, trustees in
  296  bankruptcy, receivers, and fiduciaries.
  297         (10) “Sexual orientation” has the same meaning as provided
  298  in s. 760.02.
  299         (11)(9) “Substantially equivalent” means an administrative
  300  subdivision of the State of Florida meeting the requirements of
  301  24 C.F.R. part 115, s. 115.6.
  302         (12)(10) “To rent” includes to lease, to sublease, to let,
  303  and otherwise to grant for a consideration the right to occupy
  304  premises not owned by the occupant.
  305         Section 13. Subsections (1) through (5) of section 760.23,
  306  Florida Statutes, are amended to read:
  307         760.23 Discrimination in the sale or rental of housing and
  308  other prohibited practices.—
  309         (1) It is unlawful to refuse to sell or rent after the
  310  making of a bona fide offer, to refuse to negotiate for the sale
  311  or rental of, or otherwise to make unavailable or deny a
  312  dwelling to any person because of race, color, national origin,
  313  sex, sexual orientation, gender identity, handicap, familial
  314  status, or religion.
  315         (2) It is unlawful to discriminate against any person in
  316  the terms, conditions, or privileges of sale or rental of a
  317  dwelling, or in the provision of services or facilities in
  318  connection therewith, because of race, color, national origin,
  319  sex, sexual orientation, gender identity, handicap, familial
  320  status, or religion.
  321         (3) It is unlawful to make, print, or publish, or cause to
  322  be made, printed, or published, any notice, statement, or
  323  advertisement with respect to the sale or rental of a dwelling
  324  that indicates any preference, limitation, or discrimination
  325  based on race, color, national origin, sex, sexual orientation,
  326  gender identity, handicap, familial status, or religion or an
  327  intention to make any such preference, limitation, or
  328  discrimination.
  329         (4) It is unlawful to represent to any person because of
  330  race, color, national origin, sex, sexual orientation, gender
  331  identity, handicap, familial status, or religion that any
  332  dwelling is not available for inspection, sale, or rental when
  333  such dwelling is in fact so available.
  334         (5) It is unlawful, for profit, to induce or attempt to
  335  induce any person to sell or rent any dwelling by a
  336  representation regarding the entry or prospective entry into the
  337  neighborhood of a person or persons of a particular race, color,
  338  national origin, sex, sexual orientation, gender identity,
  339  handicap, familial status, or religion.
  340         Section 14. Section 760.24, Florida Statutes, is amended to
  341  read:
  342         760.24 Discrimination in the provision of brokerage
  343  services.—It is unlawful to deny any person access to, or
  344  membership or participation in, any multiple-listing service,
  345  real estate brokers’ organization, or other service,
  346  organization, or facility relating to the business of selling or
  347  renting dwellings, or to discriminate against him or her in the
  348  terms or conditions of such access, membership, or
  349  participation, because on account of race, color, national
  350  origin, sex, sexual orientation, gender identity, handicap,
  351  familial status, or religion.
  352         Section 15. Subsection (1) and paragraph (a) of subsection
  353  (2) of section 760.25, Florida Statutes, are amended to read:
  354         760.25 Discrimination in the financing of housing or in
  355  residential real estate transactions.—
  356         (1) It is unlawful for any bank, building and loan
  357  association, insurance company, or other corporation,
  358  association, firm, or enterprise the business of which consists
  359  in whole or in part of the making of commercial real estate
  360  loans to deny a loan or other financial assistance to a person
  361  applying for the loan for the purpose of purchasing,
  362  constructing, improving, repairing, or maintaining a dwelling,
  363  or to discriminate against him or her in the fixing of the
  364  amount, interest rate, duration, or other term or condition of
  365  such loan or other financial assistance, because of the race,
  366  color, national origin, sex, sexual orientation, gender
  367  identity, handicap, familial status, or religion of such person
  368  or of any person associated with him or her in connection with
  369  such loan or other financial assistance or the purposes of such
  370  loan or other financial assistance, or because of the race,
  371  color, national origin, sex, sexual orientation, gender
  372  identity, handicap, familial status, or religion of the present
  373  or prospective owners, lessees, tenants, or occupants of the
  374  dwelling or dwellings in relation to which such loan or other
  375  financial assistance is to be made or given.
  376         (2)(a) It is unlawful for any person or entity whose
  377  business includes engaging in residential real estate
  378  transactions to discriminate against any person in making
  379  available such a transaction, or in the terms or conditions of
  380  such a transaction, because of race, color, national origin,
  381  sex, sexual orientation, gender identity, handicap, familial
  382  status, or religion.
  383         Section 16. Section 760.26, Florida Statutes, is amended to
  384  read:
  385         760.26 Prohibited discrimination in land use decisions and
  386  in permitting of development.—It is unlawful to discriminate in
  387  land use decisions or in the permitting of development based on
  388  race, color, national origin, sex, sexual orientation, gender
  389  identity, disability, familial status, religion, or, except as
  390  otherwise provided by law, the source of financing of a
  391  development or proposed development.
  392         Section 17. Paragraph (a) of subsection (5) of section
  393  760.29, Florida Statutes, is amended to read:
  394         760.29 Exemptions.—
  395         (5) Nothing in ss. 760.20-760.37:
  396         (a) Prohibits a person engaged in the business of
  397  furnishing appraisals of real property from taking into
  398  consideration factors other than race, color, national origin,
  399  sex, sexual orientation, gender identity, handicap, familial
  400  status, or religion.
  401         Section 18. Subsection (1) of section 760.60, Florida
  402  Statutes, is amended to read:
  403         760.60 Discriminatory practices of certain clubs
  404  prohibited; remedies.—
  405         (1) It is unlawful for a person to discriminate against any
  406  individual because of race, color, religion, gender, national
  407  origin, handicap, age above the age of 21, sexual orientation,
  408  gender identity, or marital status in evaluating an application
  409  for membership in a club that has more than 400 members, that
  410  provides regular meal service, and that regularly receives
  411  payment for dues, fees, use of space, facilities, services,
  412  meals, or beverages directly or indirectly from nonmembers for
  413  business purposes. It is unlawful for a person, on behalf of
  414  such a club, to publish, circulate, issue, display, post, or
  415  mail any advertisement, notice, or solicitation that contains a
  416  statement to the effect that the accommodations, advantages,
  417  facilities, membership, or privileges of the club are denied to
  418  any individual because of race, color, religion, gender,
  419  national origin, handicap, age above the age of 21, sexual
  420  orientation, gender identity, or marital status. This subsection
  421  does not apply to fraternal or benevolent organizations, ethnic
  422  clubs, or religious organizations where business activity is not
  423  prevalent.
  424         Section 19. Paragraph (e) of subsection (1) of section
  425  419.001, Florida Statutes, is amended to read:
  426         419.001 Site selection of community residential homes.—
  427         (1) For the purposes of this section, the term:
  428         (e) “Resident” means any of the following: a frail elder as
  429  defined in s. 429.65; a person who has a handicap as defined in
  430  s. 760.22(8)(a) s. 760.22(7)(a); a person who has a
  431  developmental disability as defined in s. 393.063; a
  432  nondangerous person who has a mental illness as defined in s.
  433  394.455; or a child who is found to be dependent as defined in
  434  s. 39.01 or s. 984.03, or a child in need of services as defined
  435  in s. 984.03 or s. 985.03.
  436  
  437  ================= T I T L E  A M E N D M E N T ================
  438  And the title is amended as follows:
  439         Delete lines 2 - 17
  440  and insert:
  441         An act relating to prohibited discrimination; creating
  442         the “Senator Helen Gordon Davis Fair Pay Protection
  443         Act”; amending s. 448.07, F.S.; defining terms;
  444         prohibiting an employer from providing less favorable
  445         employment opportunities to employees based on their
  446         sex; providing exceptions; revising applicability;
  447         providing civil penalties; amending s. 448.102, F.S.;
  448         prohibiting an employer from taking certain employment
  449         actions against employees; creating s. 448.111, F.S.;
  450         prohibiting an employer from engaging in certain
  451         activities relating to wages and benefits; prohibiting
  452         an employer from requiring employees to sign certain
  453         waivers and documents; providing applicability;
  454         authorizing an employer to confirm wage or salary
  455         history under certain conditions; amending s. 509.092,
  456         F.S.; adding sexual orientation and gender identity as
  457         impermissible grounds for discrimination in public
  458         lodging establishments and public food service
  459         establishments; providing an exception for
  460         constitutionally protected free exercise of religion;
  461         amending s. 760.01, F.S.; revising the purposes of the
  462         Florida Civil Rights Act of 1992 to conform to changes
  463         made by the act; reordering and amending s. 760.02,
  464         F.S.; revising the definition of the term “employer”;
  465         defining the terms “gender identity” and “sexual
  466         orientation”; amending s. 760.05, F.S.; revising the
  467         functions of the Florida Commission on Human Relations
  468         to conform to changes made by the act; amending s.
  469         760.07, F.S.; revising provisions regarding remedies
  470         for unlawful discrimination to include discrimination
  471         based on sexual orientation and gender identity to
  472         conform to changes made by the act; amending s.
  473         760.08, F.S.; adding sexual orientation and gender
  474         identity as impermissible grounds for discrimination
  475         in places of public accommodation; amending s. 760.10,
  476         F.S.; adding sexual orientation and gender identity as
  477         impermissible grounds for discrimination with respect
  478         to specified unlawful employment practices; providing
  479         an exception for constitutionally protected free
  480         exercise of religion; amending s. 760.22, F.S.;
  481         defining the terms “gender identity” and “sexual
  482         orientation” for purposes of the Fair Housing Act;
  483         amending ss. 760.23, 760.24, 760.25, and 760.26, F.S.;
  484         adding sexual orientation and gender identity as
  485         impermissible grounds for discrimination with respect
  486         to the sale or rental of housing, the provision of
  487         brokerage services, the financing of housing or in
  488         residential real estate transactions, and land use
  489         decisions or permitting of development, respectively;
  490         amending s. 760.29, F.S.; revising an exemption from
  491         the Fair Housing Act regarding the appraisal of real
  492         property to conform to changes made by the act;
  493         amending s. 760.60, F.S.; adding sexual orientation
  494         and gender identity as impermissible grounds for
  495         discrimination with respect to practices of certain
  496         clubs; amending s. 419.001, F.S.; conforming a cross
  497         reference; providing an effective date