HB 1093

1	A bill to be entitled
2	An act relating to human and civil rights; amending ss.
3	760.01, 760.05, 760.07, 760.08, 760.23, 760.24, 760.25,
4	760.31, 760.50, and 760.60, F.S.; revising terminology
5	relating to impermissible grounds for discrimination;
6	amending s. 760.02, F.S.; defining the term "disability";
7	amending s. 760.10, F.S.; revising provisions relating to
8	unlawful employment practices; defining the terms "because
9	of sex" and "on the basis of sex"; amending s. 760.11,
10	F.S.; revising provisions relating to administrative and
11	civil remedies for unlawful discrimination; revising
12	requirements relating to notice of complaint and response,
13	determination of reasonable cause, and commencement of
14	actions; reenacting s. 760.11(15), F.S., for purposes of
15	incorporating the amendments to s. 760.10, F.S., in a
16	reference thereto; amending s. 760.22, F.S.; substituting
17	a definition of the term "disability " for a definition of
18	the term "handicap"; amending s. 760.29, F.S.; providing
19	for a fine for certain exempt communities of housing for
20	older persons that fail to register with the Commission on
21	Human Relations; revising terminology relating to
22	impermissible grounds for discrimination; amending s.
23	760.34, F.S.; revising terminology relating to enforcement
24	actions; amending s. 419.001, F.S.; revising the
25	definition of the term "resident" for purposes of
26	community residential homes; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Subsection (2) of section 760.01, Florida
31	Statutes, is amended to read:
32	760.01  Purposes; construction; title.--
33	(2)  The general purposes of the Florida Civil Rights Act
34	of 1992 are to secure for all individuals within the state
35	freedom from discrimination because of race, color, religion,
36	sex, national origin, age, disability handicap, or marital
37	status and thereby to protect their interest in personal
38	dignity, to make available to the state their full productive
39	capacities, to secure the state against domestic strife and
40	unrest, to preserve the public safety, health, and general
41	welfare, and to promote the interests, rights, and privileges of
42	individuals within the state.
43	Section 2.  Subsection (12) is added to section 760.02,
44	Florida Statutes, to read:
45	760.02  Definitions.--For the purposes of ss. 760.01-760.11
46	and 509.092, the term:
47	(12)  "Disability," with respect to an individual, means:
48	(a)  A physical or mental impairment that substantially
49	limits one or more of the major life activities of such
50	individual;
51	(b)  A record of such an impairment;
52	(c)  Being regarded as having such an impairment; or
53	(d)  Having a developmental disability as defined in s.
54	393.063.
55
56	For the purposes of this chapter, the term "disability" does not
57	include transvestism, transsexualism, pedophilia, exhibitionism,
58	voyeurism, gender identity disorders not resulting from physical
59	impairments, or other sexual behavior disorders; compulsive
60	gambling, kleptomania, or pyromania; or psychoactive substance
61	use disorders resulting from current illegal use of drugs.
62	Section 3.  Section 760.05, Florida Statutes, is amended to
63	read:
64	760.05  Functions of the commission.--The commission shall
65	promote and encourage fair treatment and equal opportunity for
66	all persons regardless of race, color, religion, sex, national
67	origin, age, disability handicap, or marital status and mutual
68	understanding and respect among all members of all economic,
69	social, racial, religious, and ethnic groups; and shall endeavor
70	to eliminate discrimination against, and antagonism between,
71	religious, racial, and ethnic groups and their members.
72	Section 4.  Section 760.07, Florida Statutes, is amended to
73	read:
74	760.07  Remedies for unlawful discrimination.--Any
75	violation of any Florida statute making unlawful discrimination
76	because of race, color, religion, sex gender, national origin,
77	age, disability handicap, or marital status in the areas of
78	education, employment, housing, or public accommodations gives
79	rise to a cause of action for all relief and damages described
80	in s. 760.11(5), unless greater damages are expressly provided
81	for. If the statute prohibiting unlawful discrimination provides
82	an administrative remedy, the action for equitable relief and
83	damages provided for in this section may be initiated only after
84	the plaintiff has exhausted his or her administrative remedy.
85	The term "public accommodations" does not include lodge halls or
86	other similar facilities of private organizations which are made
87	available for public use occasionally or periodically. The right
88	to trial by jury is preserved in any case in which the plaintiff
89	is seeking actual or punitive damages.
90	Section 5.  Section 760.08, Florida Statutes, is amended to
91	read:
92	760.08  Discrimination in places of public
93	accommodation.--All persons shall be entitled to the full and
94	equal enjoyment of the goods, services, facilities, privileges,
95	advantages, and accommodations of any place of public
96	accommodation, as defined in this chapter, without
97	discrimination or segregation on the ground of race, color,
98	religion, sex, national origin, disability, or sex, handicap,
99	familial status, or religion.
100	Section 6.  Section 760.10, Florida Statutes, is amended to
101	read:
102	760.10  Unlawful employment practices.--
103	(1)  It is an unlawful employment practice for an employer:
104	(a)  To discharge or to fail or refuse to hire any
105	individual, or otherwise to discriminate against any individual
106	with respect to compensation, terms, conditions, or privileges
107	of employment, because of such individual's race, color,
108	religion, sex, national origin, age, disability handicap, or
109	marital status.
110	(b)  To limit, segregate, or classify employees or
111	applicants for employment in any way which would deprive or tend
112	to deprive any individual of employment opportunities, or
113	adversely affect any individual's status as an employee, because
114	of such individual's race, color, religion, sex, national
115	origin, age, disability handicap, or marital status.
116	(2)  It is an unlawful employment practice for an
117	employment agency to fail or refuse to refer for employment, or
118	otherwise to discriminate against, any individual because of
119	race, color, religion, sex, national origin, age, disability
120	handicap, or marital status or to classify or refer for
121	employment any individual on the basis of race, color, religion,
122	sex, national origin, age, disability handicap, or marital
123	status.
124	(3)  It is an unlawful employment practice for a labor
125	organization:
126	(a)  To exclude or to expel from its membership, or
127	otherwise to discriminate against, any individual because of
128	race, color, religion, sex, national origin, age, disability
129	handicap, or marital status.
130	(b)  To limit, segregate, or classify its membership or
131	applicants for membership, or to classify or fail or refuse to
132	refer for employment any individual, in any way which would
133	deprive or tend to deprive any individual of employment
134	opportunities, or adversely affect any individual's status as an
135	employee or as an applicant for employment, because of such
136	individual's race, color, religion, sex, national origin, age,
137	disability handicap, or marital status.
138	(c)  To cause or attempt to cause an employer to
139	discriminate against an individual in violation of this section.
140	(4)  It is an unlawful employment practice for any
141	employer, labor organization, or joint labor-management
142	committee controlling apprenticeship or other training or
143	retraining, including on-the-job training programs, to
144	discriminate against any individual because of race, color,
145	religion, sex, national origin, age, disability handicap, or
146	marital status in admission to, or employment in, any program
147	established to provide apprenticeship or other training.
148	(5)  Whenever, in order to engage in a profession,
149	occupation, or trade, it is required that a person receive a
150	license, certification, or other credential, become a member or
151	an associate of any club, association, or other organization, or
152	pass any examination, it is an unlawful employment practice for
153	any person to discriminate against any other person seeking such
154	license, certification, or other credential, seeking to become a
155	member or associate of such club, association, or other
156	organization, or seeking to take or pass such examination,
157	because of such other person's race, color, religion, sex,
158	national origin, age, disability handicap, or marital status.
159	(6)  It is an unlawful employment practice for an employer,
160	labor organization, employment agency, or joint labor-management
161	committee to print, or cause to be printed or published, any
162	notice or advertisement relating to employment, membership,
163	classification, referral for employment, or apprenticeship or
164	other training, indicating any preference, limitation,
165	specification, or discrimination, based on race, color,
166	religion, sex, national origin, age, absence of disability
167	handicap, or marital status.
168	(7)  It is an unlawful employment practice for an employer,
169	an employment agency, a joint labor-management committee, or a
170	labor organization to discriminate against any person because
171	that person has opposed any practice that which is an unlawful
172	employment practice under this section, or because that person
173	has made a charge, testified, assisted, or participated in any
174	manner in an investigation, proceeding, or hearing under this
175	section.
176	(8)  Notwithstanding any other provision of this section,
177	it is not an unlawful employment practice under ss. 760.01-
178	760.10 for an employer, employment agency, labor organization,
179	or joint labor-management committee to:
180	(a)  Take or fail to take any action on the basis of
181	religion, sex, national origin, age, disability handicap, or
182	marital status in those certain instances in which religion,
183	sex, national origin, age, absence of a particular disability
184	handicap, or marital status is a bona fide occupational
185	qualification reasonably necessary for the performance of the
186	particular employment to which such action or inaction is
187	related.
188	(b)  Observe the terms of a bona fide seniority system, a
189	bona fide employee benefit plan such as a retirement, pension,
190	or insurance plan, or a system which measures earnings by
191	quantity or quality of production, which is not designed,
192	intended, or used to evade the purposes of ss. 760.01-760.10.
193	However, no such employee benefit plan or system which measures
194	earnings shall excuse the failure to hire, and no such seniority
195	system, employee benefit plan, or system which measures earnings
196	shall excuse the involuntary retirement of, any individual on
197	the basis of any factor not related to the ability of such
198	individual to perform the particular employment for which such
199	individual has applied or in which such individual is engaged.
200	This subsection shall not be construed to make unlawful the
201	rejection or termination of employment when the individual
202	applicant or employee has failed to meet bona fide requirements
203	for the job or position sought or held or to require any changes
204	in any bona fide retirement or pension programs or existing
205	collective bargaining agreements during the life of the
206	contract, or for 2 years after October 1, 1981, whichever occurs
207	first, nor shall ss. 760.01-760.10 this act preclude such
208	physical and medical examinations of applicants and employees as
209	an employer may require of applicants and employees to determine
210	fitness for the job or position sought or held.
211	(c)  Take or fail to take any action on the basis of age,
212	pursuant to law or regulation governing any employment or
213	training program designed to benefit persons of a particular age
214	group.
215	(d)  Take or fail to take any action on the basis of
216	marital status if that status is prohibited under its
217	antinepotism policy.
218	(9)  This section shall not apply to any religious
219	corporation, association, educational institution, or society
220	which conditions opportunities in the area of employment or
221	public accommodation to members of that religious corporation,
222	association, educational institution, or society or to persons
223	who subscribe to its tenets or beliefs. This section shall not
224	prohibit a religious corporation, association, educational
225	institution, or society from giving preference in employment to
226	individuals of a particular religion to perform work connected
227	with the carrying on by such corporations, associations,
228	educational institutions, or societies of its various
229	activities.
230	(10)  As used in this section, the terms "because of sex"
231	or "on the basis of sex" include, but are not limited to,
232	because of or on the basis of pregnancy, childbirth, or related
233	medical conditions. Women affected by pregnancy, childbirth, or
234	related medical conditions shall be treated the same for all
235	employment-related purposes, including receipt of benefits under
236	fringe benefits programs, as other persons not so affected but
237	similar in their ability or inability to work, and this section
238	may not be interpreted to permit otherwise.
239	(11)(10)  Each employer, employment agency, and labor
240	organization shall post and keep posted in conspicuous places
241	upon its premises a notice provided by the commission setting
242	forth such information as the commission deems appropriate to
243	effectuate the purposes of ss. 760.01-760.10.
244	Section 7.  Subsections (1), (3), (5), and (8) of section
245	760.11, Florida Statutes, are amended, and for purposes of
246	incorporating the amendments to section 760.10, Florida
247	Statutes, in a reference thereto, subsection (15) of section
248	760.11, Florida Statutes, is reenacted, to read:
249	760.11  Administrative and civil remedies; construction.--
250	(1)  Any person aggrieved by a violation of ss.
251	760.01-760.10 may file a complaint with the commission within
252	365 days of the alleged violation, naming the employer,
253	employment agency, labor organization, or joint labor-management
254	committee, or, in the case of an alleged violation of s.
255	760.10(5), the person responsible for the violation and
256	describing the violation. Any person aggrieved by a violation of
257	s. 509.092 may file a complaint with the commission within 365
258	days of the alleged violation naming the person responsible for
259	the violation and describing the violation. The commission, a
260	commissioner, or the Attorney General may in like manner file
261	such a complaint. On the same day the complaint is filed with
262	the commission, the commission shall clearly stamp on the face
263	of the complaint the date the complaint was filed with the
264	commission. In lieu of filing the complaint with the commission,
265	a complaint under this section may be filed with the federal
266	Equal Employment Opportunity Commission or with any unit of
267	government of the state which is a fair-employment-practice
268	agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the
269	complaint is filed is clearly stamped on the face of the
270	complaint, that date is the date of filing. The date the
271	complaint is filed with the commission for purposes of this
272	section is the earliest date of filing with the Equal Employment
273	Opportunity Commission, the fair-employment-practice agency, or
274	the commission. The complaint shall contain a short and plain
275	statement of the facts describing the violation and the relief
276	sought. The commission may require additional information to be
277	in the complaint. The commission, within 5 full business days
278	after of the complaint is being filed, shall by certified
279	registered mail, return receipt requested, send a copy of the
280	complaint to the person who allegedly committed the violation.
281	The person who allegedly committed the violation shall respond,
282	in writing, to the commission may file an answer to the
283	complaint within 21 25 days after the date of the notice of
284	filing complaint and request for information of the date the
285	complaint was filed with the commission. Any answer filed shall
286	be mailed to the aggrieved person by the person filing the
287	answer. Both the complaint and the response answer shall be
288	verified.
289	(3)  Except as provided in subsection (2), the commission
290	shall investigate the allegations in the complaint. Within 180
291	days after of the filing of the complaint, the commission shall
292	determine if there is reasonable cause to believe that
293	discriminatory practice has occurred in violation of the Florida
294	Civil Rights Act of 1992. Such 180-day time period may be
295	extended for up to an additional 60 days upon a determination by
296	the executive director of the commission that the parties have
297	engaged in mediation; a necessary party cannot be located; one
298	or more of the parties fails to cooperate in the investigation,
299	thereby necessitating the issuance of a subpoena; the respondent
300	has filed bankruptcy; or other circumstances beyond the control
301	of the commission. When the commission determines whether or not
302	there is reasonable cause, the commission by certified
303	registered mail, return receipt requested, shall promptly notify
304	the aggrieved person and the respondent of the reasonable cause
305	determination, the date of such determination, and the options
306	available under this section.
307	(5)  In any civil action brought under this section, the
308	court may issue an order prohibiting the discriminatory practice
309	and providing affirmative relief from the effects of the
310	practice, including back pay. The court may also award
311	compensatory damages, including, but not limited to, damages for
312	mental anguish, loss of dignity, and any other intangible
313	injuries, and punitive damages. The provisions of ss. 768.72 and
314	768.73 do not apply to this section. The judgment for the total
315	amount of punitive damages awarded under this section to an
316	aggrieved person shall not exceed $100,000. In any action or
317	proceeding under this subsection, the court, in its discretion,
318	may allow the prevailing party a reasonable attorney's fee as
319	part of the costs. It is the intent of the Legislature that this
320	provision for attorney's fees be interpreted in a manner
321	consistent with federal case law involving a Title VII action.
322	The right to trial by jury is preserved in any such private
323	right of action in which the aggrieved person is seeking
324	compensatory or punitive damages, and any party may demand a
325	trial by jury. The commission's determination of reasonable
326	cause is not admissible into evidence in any civil proceeding,
327	including any hearing or trial, except to establish for the
328	court the right to maintain the private right of action. A civil
329	action brought under this section shall be commenced no later
330	than 1 year after the date of determination of reasonable cause
331	by the commission or no later than 4 years after the date the
332	alleged discriminatory act took place, whichever occurs first.
333	The commencement of such action shall divest the commission of
334	jurisdiction of the complaint, except that the commission may
335	intervene in the civil action as a matter of right.
336	Notwithstanding the above, the state and its agencies and
337	subdivisions shall not be liable for punitive damages. The total
338	amount of recovery against the state and its agencies and
339	subdivisions shall not exceed the limitation as set forth in s.
340	768.28(5).
341	(8)  In the event that the commission fails to conciliate
342	or determine whether there is reasonable cause on any complaint
343	under this section within 180 days after of the filing of the
344	complaint, except as otherwise provided in subsection (3), an
345	aggrieved person may proceed under subsection (4), as if the
346	commission determined that there was reasonable cause.
347	(15)  In any civil action or administrative proceeding
348	brought pursuant to this section, a finding that a person
349	employed by the state or any governmental entity or agency has
350	violated s. 760.10 shall as a matter of law constitute just or
351	substantial cause for such person's discharge.
352	Section 8.  Subsection (7) of section 760.22, Florida
353	Statutes, is amended to read:
354	760.22  Definitions.--As used in ss. 760.20-760.37, the
355	term:
356	(7)  "Disability", with respect to an individual,
357	"Handicap" means:
358	(a)  A person has a physical or mental impairment that
359	which substantially limits one or more of the major life
360	activities of the individual;,
361	(b)  or he or she has A record of having such an
362	impairment;, or
363	(c)  Being is regarded as having, such an physical or
364	mental impairment; or
365	(d)(b)  Having A person has a developmental disability as
366	defined in s. 393.063.
367
368	For the purposes of this chapter, the term "disability" shall
369	not include transvestism, transsexualism, pedophilia,
370	exhibitionism, voyeurism, gender identity disorders not
371	resulting from physical impairments, or other sexual behavior
372	disorders; compulsive gambling, kleptomania, or pyromania; or
373	psychoactive substance use disorders resulting from current
374	illegal use of drugs.
375	Section 9.  Section 760.23, Florida Statutes, is amended to
376	read:
377	760.23  Discrimination in the sale or rental of housing and
378	other prohibited practices.--
379	(1)  It is unlawful to refuse to sell or rent after the
380	making of a bona fide offer, to refuse to negotiate for the sale
381	or rental of, or otherwise to make unavailable or deny a
382	dwelling to any person because of race, color, religion, sex,
383	national origin, disability sex, handicap, or familial status,
384	or religion.
385	(2)  It is unlawful to discriminate against any person in
386	the terms, conditions, or privileges of sale or rental of a
387	dwelling, or in the provision of services or facilities in
388	connection therewith, because of race, color, religion, sex,
389	national origin, disability sex, handicap, or familial status,
390	or religion.
391	(3)  It is unlawful to make, print, or publish, or cause to
392	be made, printed, or published, any notice, statement, or
393	advertisement with respect to the sale or rental of a dwelling
394	that indicates any preference, limitation, or discrimination
395	based on race, color, religion, sex, national origin,
396	disability, or sex, handicap, familial status, or religion or an
397	intention to make any such preference, limitation, or
398	discrimination.
399	(4)  It is unlawful to represent to any person because of
400	race, color, religion, sex, national origin, disability, or sex,
401	handicap, familial status, or religion that any dwelling is not
402	available for inspection, sale, or rental when such dwelling is
403	in fact so available.
404	(5)  It is unlawful, for profit, to induce or attempt to
405	induce any person to sell or rent any dwelling by a
406	representation regarding the entry or prospective entry into the
407	neighborhood of a person or persons of a particular race, color,
408	religion, sex, national origin, disability, or sex, handicap,
409	familial status, or religion.
410	(6)  The protections afforded under ss. 760.20-760.37
411	against discrimination on the basis of familial status apply to
412	any person who is pregnant or is in the process of securing
413	legal custody of any individual who has not attained the age of
414	18 years.
415	(7)  It is unlawful to discriminate in the sale or rental
416	of, or to otherwise make unavailable or deny, a dwelling to any
417	buyer or renter because of a disability handicap of:
418	(a)  That buyer or renter;
419	(b)  A person residing in or intending to reside in that
420	dwelling after it is sold, rented, or made available; or
421	(c)  Any person associated with the buyer or renter.
422	(8)  It is unlawful to discriminate against any person in
423	the terms, conditions, or privileges of sale or rental of a
424	dwelling, or in the provision of services or facilities in
425	connection with such dwelling, because of a disability handicap
426	of:
427	(a)  That buyer or renter;
428	(b)  A person residing in or intending to reside in that
429	dwelling after it is sold, rented, or made available; or
430	(c)  Any person associated with the buyer or renter.
431	(9)  For purposes of subsections (7) and (8),
432	discrimination includes:
433	(a)  A refusal to permit, at the expense of the handicapped
434	person with a disability, reasonable modifications of existing
435	premises occupied or to be occupied by such person if such
436	modifications may be necessary to afford such person full
437	enjoyment of the premises; or
438	(b)  A refusal to make reasonable accommodations in rules,
439	policies, practices, or services, when such accommodations may
440	be necessary to afford such person equal opportunity to use and
441	enjoy a dwelling.
442	(10)  Covered multifamily dwellings as defined herein which
443	are intended for first occupancy after March 13, 1991, shall be
444	designed and constructed to have at least one building entrance
445	on an accessible route unless it is impractical to do so because
446	of the terrain or unusual characteristics of the site as
447	determined by commission rule. Such buildings shall also be
448	designed and constructed in such a manner that:
449	(a)  The public use and common use portions of such
450	dwellings are readily accessible to and usable by handicapped
451	persons with disabilities.
452	(b)  All doors designed to allow passage into and within
453	all premises within such dwellings are sufficiently wide to
454	allow passage by a person in a wheelchair.
455	(c)  All premises within such dwellings contain the
456	following features of adaptive design:
457	1.  An accessible route into and through the dwelling.
458	2.  Light switches, electrical outlets, thermostats, and
459	other environmental controls in accessible locations.
460	3.  Reinforcements in bathroom walls to allow later
461	installation of grab bars.
462	4.  Usable kitchens and bathrooms such that a person in a
463	wheelchair can maneuver about the space.
464	(d)  Compliance with the appropriate requirements of the
465	American National Standards Institute for buildings and
466	facilities providing accessibility and usability for physically
467	handicapped people with disabilities, commonly cited as ANSI
468	A117.1-1986, suffices to satisfy the requirements of paragraph
469	(c).
470
471	State agencies with building construction regulation
472	responsibility or local governments, as appropriate, shall
473	review the plans and specifications for the construction of
474	covered multifamily dwellings to determine consistency with the
475	requirements of this subsection.
476	Section 10.  Section 760.24, Florida Statutes, is amended
477	to read:
478	760.24  Discrimination in the provision of brokerage
479	services.--It is unlawful to deny any person access to, or
480	membership or participation in, any multiple-listing service,
481	real estate brokers' organization, or other service,
482	organization, or facility relating to the business of selling or
483	renting dwellings, or to discriminate against him or her in the
484	terms or conditions of such access, membership, or
485	participation, on account of race, color, religion, sex,
486	national origin, disability sex, handicap, or familial status,
487	or religion.
488	Section 11.  Section 760.25, Florida Statutes, is amended
489	to read:
490	760.25  Discrimination in the financing of housing or in
491	residential real estate transactions.--
492	(1)  It is unlawful for any bank, building and loan
493	association, insurance company, or other corporation,
494	association, firm, or enterprise the business of which consists
495	in whole or in part of the making of commercial real estate
496	loans to deny a loan or other financial assistance to a person
497	applying for the loan for the purpose of purchasing,
498	constructing, improving, repairing, or maintaining a dwelling,
499	or to discriminate against him or her in the fixing of the
500	amount, interest rate, duration, or other term or condition of
501	such loan or other financial assistance, because of the race,
502	color, religion, sex, national origin, disability sex, handicap,
503	or familial status, or religion of such person or of any person
504	associated with him or her in connection with such loan or other
505	financial assistance or the purposes of such loan or other
506	financial assistance, or because of the race, color, religion,
507	sex, national origin, disability sex, handicap, or familial
508	status, or religion of the present or prospective owners,
509	lessees, tenants, or occupants of the dwelling or dwellings in
510	relation to which such loan or other financial assistance is to
511	be made or given.
512	(2)(a)  It is unlawful for any person or entity whose
513	business includes engaging in residential real estate
514	transactions to discriminate against any person in making
515	available such a transaction, or in the terms or conditions of
516	such a transaction, because of race, color, religion, sex,
517	national origin, disability sex, handicap, or familial status,
518	or religion.
519	(b)  As used in this subsection, the term "residential real
520	estate transaction" means any of the following:
521	1.  The making or purchasing of loans or providing other
522	financial assistance:
523	a.  For purchasing, constructing, improving, repairing, or
524	maintaining a dwelling; or
525	b.  Secured by residential real estate.
526	2.  The selling, brokering, or appraising of residential
527	real property.
528	Section 12.  Paragraph (e) of subsection (4) and paragraph
529	(a) of subsection (5) and of section 760.29, Florida Statutes,
530	are amended to read:
531	760.29  Exemptions.--
532	(4)
533	(e)  A facility or community claiming an exemption under
534	this subsection shall register with the commission and submit a
535	letter to the commission stating that the facility or community
536	complies with the requirements of subparagraph (b)1.,
537	subparagraph (b)2., or subparagraph (b)3. The letter shall be
538	submitted on the letterhead of the facility or community and
539	shall be signed by the president of the facility or community.
540	This registration and documentation shall be renewed biennially
541	from the date of original filing. The information in the
542	registry shall be made available to the public, and the
543	commission shall include this information on an Internet
544	website. The commission may establish a reasonable registration
545	fee, not to exceed $20, that shall be deposited into the
546	commission's trust fund to defray the administrative costs
547	associated with maintaining the registry. The commission may
548	impose an administrative fine, not to exceed $500, on a facility
549	or community that does not register with the commission or that
550	knowingly submits false information in the documentation
551	required by this paragraph. Such fines shall be deposited in the
552	commission's trust fund. The registration and documentation
553	required by this paragraph shall not substitute for proof of
554	compliance with the requirements of this subsection. Failure to
555	comply with the requirements of this paragraph shall not
556	disqualify a facility or community that otherwise qualifies for
557	the exemption provided in this subsection.
558
559	A county or municipal ordinance regarding housing for older
560	persons may not contravene the provisions of this subsection.
561	(5)  Nothing in ss. 760.20-760.37:
562	(a)  Prohibits a person engaged in the business of
563	furnishing appraisals of real property from taking into
564	consideration factors other than race, color, religion, sex,
565	national origin, disability sex, handicap, or familial status,
566	or religion.
567	Section 13.  Subsection (5) of section 760.31, Florida
568	Statutes, is amended to read:
569	760.31  Powers and duties of commission.--The commission
570	shall:
571	(5)  Adopt rules necessary to implement ss. 760.20-760.37
572	and govern the proceedings of the commission in accordance with
573	chapter 120. Commission rules shall clarify terms used with
574	regard to disability handicapped accessibility, exceptions from
575	accessibility requirements based on terrain or site
576	characteristics, and requirements related to housing for older
577	persons. Commission rules shall specify the fee and the forms
578	and procedures to be used for the registration required by s.
579	760.29(4)(e).
580	Section 14.  Subsection (2) of section 760.34, Florida
581	Statutes, is amended to read:
582	760.34  Enforcement.--
583	(2)  A complaint under subsection (1) must be filed within
584	1 year after the alleged discriminatory housing practice
585	occurred. The complaint must be in writing and shall state the
586	facts upon which the allegations of a discriminatory housing
587	practice are based. A complaint may be reasonably and fairly
588	amended at any time. A respondent may file a response an answer
589	to the complaint against him or her and, with the leave of the
590	commission, which shall be granted whenever it would be
591	reasonable and fair to do so, may amend his or her response
592	answer at any time. Both complaint and response answer shall be
593	verified.
594	Section 15.  Subsection (2) of section 760.50, Florida
595	Statutes, is amended to read:
596	760.50  Discrimination on the basis of AIDS, AIDS-related
597	complex, and HIV prohibited.--
598	(2)  Any person with or perceived as having acquired immune
599	deficiency syndrome, acquired immune deficiency syndrome related
600	complex, or human immunodeficiency virus shall have every
601	protection made available to handicapped persons with
602	disabilities.
603	Section 16.  Subsection (1) of section 760.60, Florida
604	Statutes, is amended to read:
605	760.60  Discriminatory practices of certain clubs
606	prohibited; remedies.--
607	(1)  It is unlawful for a person to discriminate against
608	any individual because of race, color, religion, sex gender,
609	national origin, age above the age of 21, disability handicap,
610	age above the age of 21, or marital status in evaluating an
611	application for membership in a club that has more than 400
612	members, that provides regular meal service, and that regularly
613	receives payment for dues, fees, use of space, facilities,
614	services, meals, or beverages directly or indirectly from
615	nonmembers for business purposes. It is unlawful for a person,
616	on behalf of such a club, to publish, circulate, issue, display,
617	post, or mail any advertisement, notice, or solicitation that
618	contains a statement to the effect that the accommodations,
619	advantages, facilities, membership, or privileges of the club
620	are denied to any individual because of race, color, religion,
621	sex gender, national origin, age above the age of 21, disability
622	handicap, age above the age of 21, or marital status. This
623	subsection does not apply to fraternal or benevolent
624	organizations, ethnic clubs, or religious organizations where
625	business activity is not prevalent.
626	Section 17.  Paragraph (d) of subsection (1) of section
627	419.001, Florida Statutes, is amended to read:
628	419.001  Site selection of community residential homes.--
629	(1)  For the purposes of this section, the following
630	definitions shall apply:
631	(d)  "Resident" means any of the following: a frail elder
632	as defined in s. 400.618; an individual with a disability a
633	physically disabled or handicapped person as defined in s.
634	760.22(7)(a); a developmentally disabled person as defined in s.
635	393.063; a nondangerous mentally ill person as defined in s.
636	394.455(18); or a child as defined in s. 39.01(14), s. 984.03(9)
637	or (12), or s. 985.03(8).
638	Section 18.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.