HB 0117 2004
1	A bill to be entitled
2	An act relating to employment practices; amending ss.
3	110.105, 110.233, 112.042, and 760.10, F.S.; revising
4	provisions relating to state employment policy, career
5	service appointments, county and municipal employment, and
6	unlawful employment practices to provide that
7	discrimination on the basis of sex includes discrimination
8	on the basis of pregnancy, childbirth, or related medical
9	conditions; providing a limitation with respect to
10	employer health insurance benefits; reenacting ss.
11	104.31(3) and 760.11(15), F.S., to incorporate amendments
12	to ss. 110.233 and 760.10, F.S., in references thereto;
13	providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Subsection (2) of section 110.105, Florida
18	Statutes, is amended to read:
19	110.105 Employment policy of the state.--
20	(2)(a)All appointments, terminations, assignments and
21	maintenance of status, compensation, privileges, and other terms
22	and conditions of employment in state government shall be made
23	without regard to age, sex, race, religion, national origin,
24	political affiliation, marital status, or handicap, except when
25	a specific sex, age, or physical requirement constitutes a bona
26	fide occupational qualification necessary to proper and
27	efficient administration.
28	(b) For purposes of this subsection, the phrase "without
29	regard to sex" includes, but is not limited to, without regard
30	to pregnancy, childbirth, or related medical conditions. Women
31	affected by pregnancy, childbirth, or related medical conditions
32	shall be treated the same for all employment-related purposes,
33	including receipt of benefits under fringe benefits programs, as
34	other persons not so affected but similar in their ability or
35	inability to work, and the employment policy of the state may
36	not be interpreted to permit otherwise. This paragraph does not
37	require a state employer to pay for health insurance benefits
38	for abortion, except where the life of the mother would be
39	endangered if the fetus were carried to term, or except where
40	medical complications have arisen from an abortion. However,
41	this paragraph does not preclude a state employer from providing
42	abortion benefits or otherwise affect bargaining agreements in
43	regard to abortion.
44	Section 2. Subsection (1) of section 110.233, Florida
45	Statutes, is amended to read:
46	110.233 Political activities and unlawful acts
47	prohibited.--
48	(1)(a)No person shall be appointed to, demoted, or
49	dismissed from any position in the career service, or in any way
50	favored or discriminated against with respect to employment in
51	the career service, because of race, color, national origin,
52	sex, handicap, religious creed, or political opinion or
53	affiliation.
54	(b) As used in this subsection, the phrase "because of
55	sex" includes, but is not limited to, because of pregnancy,
56	childbirth, or related medical conditions. Women affected by
57	pregnancy, childbirth, or related medical conditions shall be
58	treated the same with respect to employment in the career
59	service, including receipt of benefits under fringe benefits
60	programs, as other persons not so affected but similar in their
61	ability or inability to work, and rules or practices of the
62	career service system of the state may not be interpreted to
63	permit otherwise.
64	Section 3. Subsection (1) of section 112.042, Florida
65	Statutes, is amended to read:
66	112.042 Discrimination in county and municipal employment;
67	relief.--
68	(1)(a)It is against the public policy of this state for
69	the governing body of any county or municipal agency, board,
70	commission, department, or office, solely because of the race,
71	color, national origin, sex, handicap, or religious creed of any
72	individual, to refuse to hire or employ, to bar, or to discharge
73	from employment such individuals or to otherwise discriminate
74	against such individuals with respect to compensation, hire,
75	tenure, terms, conditions, or privileges of employment, if the
76	individual is the most competent and able to perform the
77	services required.
78	(b) As used in this subsection, the phrase "because of
79	sex" includes, but is not limited to, because of pregnancy,
80	childbirth, or related medical conditions. Women affected by
81	pregnancy, childbirth, or related medical conditions shall be
82	treated the same for all employment-related purposes, including
83	receipt of benefits under fringe benefits programs, as other
84	persons not so affected but similar in their ability or
85	inability to work, and this paragraph may not be interpreted to
86	permit otherwise. This paragraph does not require an employer to
87	pay for health insurance benefits for abortion, except where the
88	life of the mother would be endangered if the fetus were carried
89	to term, or except where medical complications have arisen from
90	an abortion. However, this paragraph does not preclude an
91	employer from providing abortion benefits or otherwise affect
92	bargaining agreements in regard to abortion.
93	Section 4. Present subsection (10) of section 760.10,
94	Florida Statutes, is redesignated as subsection (11), and a new
95	subsection (10) is added to said section, to read:
96	760.10 Unlawful employment practices.--
97	(10) As used in this section, the terms "because of sex"
98	and "on the basis of sex" include, but are not limited to,
99	because or on the basis of pregnancy, childbirth, or related
100	medical conditions. Women affected by pregnancy, childbirth, or
101	related medical conditions shall be treated the same for all
102	employment-related purposes, including receipt of benefits under
103	fringe benefits programs, as other persons not so affected but
104	similar in their ability or inability to work, and this section
105	may not be interpreted to permit otherwise. This subsection does
106	not require an employer to pay for health insurance benefits for
107	abortion, except where the life of the mother would be
108	endangered if the fetus were carried to term, or except where
109	medical complications have arisen from an abortion. However,
110	this subsection does not preclude an employer from providing
111	abortion benefits or otherwise affect bargaining agreements in
112	regard to abortion.
113	Section 5. For purposes of incorporating the amendments to
114	section 110.233, Florida Statutes, in a reference thereto,
115	subsection (3) of section 104.31, Florida Statutes, is reenacted
116	to read:
117	104.31 Political activities of state, county, and
118	municipal officers and employees.--
119	(3) Nothing contained in this section or in any county or
120	municipal charter shall be deemed to prohibit any public
121	employee from expressing his or her opinions on any candidate or
122	issue or from participating in any political campaign during the
123	employee's off-duty hours, so long as such activities are not in
124	conflict with the provisions of subsection (1) or s. 110.233.
125	Section 6. For purposes of incorporating the amendments to
126	section 760.10, Florida Statutes, in a reference thereto,
127	subsection (15) of section 760.11, Florida Statutes, is
128	reenacted to read:
129	760.11 Administrative and civil remedies; construction.--
130	(15) In any civil action or administrative proceeding
131	brought pursuant to this section, a finding that a person
132	employed by the state or any governmental entity or agency has
133	violated s. 760.10 shall as a matter of law constitute just or
134	substantial cause for such person's discharge.
135	Section 7. This act shall take effect July 1, 2004.
136