Senate Bill sb2110

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    Florida Senate - 2005                                  SB 2110

    By Senator Rich





    34-1559A-05                                             See HB

  1                      A bill to be entitled

  2         An act relating to human and civil rights;

  3         amending ss. 760.01, 760.05, 760.07, 760.08,

  4         760.23, 760.24, 760.25, 760.31, 760.50, and

  5         760.60, F.S.; revising terminology relating to

  6         impermissible grounds for discrimination;

  7         amending s. 760.02, F.S.; defining the term

  8         "disability"; amending s. 760.10, F.S.;

  9         revising provisions relating to unlawful

10         employment practices; defining the terms

11         "because of sex" and "on the basis of sex";

12         amending s. 760.11, F.S.; revising provisions

13         relating to administrative and civil remedies

14         for unlawful discrimination; revising

15         requirements relating to notice of complaint

16         and response, determination of reasonable

17         cause, and commencement of actions; reenacting

18         s. 760.11(15), F.S., for purposes of

19         incorporating the amendments to s. 760.10,

20         F.S., in a reference thereto; amending s.

21         760.22, F.S.; substituting a definition of the

22         term "disability " for a definition of the term

23         "handicap"; amending s. 760.29, F.S.; providing

24         for a fine for certain exempt communities of

25         housing for older persons that fail to register

26         with the Commission on Human Relations;

27         revising terminology relating to impermissible

28         grounds for discrimination; amending s. 760.34,

29         F.S.; revising terminology relating to

30         enforcement actions; amending s. 419.001, F.S.;

31         revising the definition of the term "resident"

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1         for purposes of community residential homes;

 2         providing an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Subsection (2) of section 760.01, Florida

 7  Statutes, is amended to read:

 8         760.01  Purposes; construction; title.--

 9         (2)  The general purposes of the Florida Civil Rights

10  Act of 1992 are to secure for all individuals within the state

11  freedom from discrimination because of race, color, religion,

12  sex, national origin, age, disability handicap, or marital

13  status and thereby to protect their interest in personal

14  dignity, to make available to the state their full productive

15  capacities, to secure the state against domestic strife and

16  unrest, to preserve the public safety, health, and general

17  welfare, and to promote the interests, rights, and privileges

18  of individuals within the state.

19         Section 2.  Subsection (12) is added to section 760.02,

20  Florida Statutes, to read:

21         760.02  Definitions.--For the purposes of ss.

22  760.01-760.11 and 509.092, the term:

23         (12)  "Disability," with respect to an individual,

24  means:

25         (a)  A physical or mental impairment that substantially

26  limits one or more of the major life activities of such

27  individual;

28         (b)  A record of such impairment; or

29         (c)  Being regarded as having such an impairment.

30  

31  

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1  For the purposes of this chapter, the term "disability" does

 2  not include homosexuality, bisexuality, transvestism,

 3  transsexualism, pedophilia, exhibitionism, voyeurism, gender

 4  identity disorders not resulting from physical impairments, or

 5  other sexual behavior disorders; compulsive gambling,

 6  kleptomania, or pyromania; or psychoactive substance use

 7  disorders resulting from current illegal use of drugs.

 8         Section 3.  Section 760.05, Florida Statutes, is

 9  amended to read:

10         760.05  Functions of the commission.--The commission

11  shall promote and encourage fair treatment and equal

12  opportunity for all persons regardless of race, color,

13  religion, sex, national origin, age, disability handicap, or

14  marital status and mutual understanding and respect among all

15  members of all economic, social, racial, religious, and ethnic

16  groups; and shall endeavor to eliminate discrimination

17  against, and antagonism between, religious, racial, and ethnic

18  groups and their members.

19         Section 4.  Section 760.07, Florida Statutes, is

20  amended to read:

21         760.07  Remedies for unlawful discrimination.--Any

22  violation of any Florida statute making unlawful

23  discrimination because of race, color, religion, sex gender,

24  national origin, age, disability handicap, or marital status

25  in the areas of education, employment, housing, or public

26  accommodations gives rise to a cause of action for all relief

27  and damages described in s. 760.11(5), unless greater damages

28  are expressly provided for. If the statute prohibiting

29  unlawful discrimination provides an administrative remedy, the

30  action for equitable relief and damages provided for in this

31  section may be initiated only after the plaintiff has

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1  exhausted his or her administrative remedy. The term "public

 2  accommodations" does not include lodge halls or other similar

 3  facilities of private organizations which are made available

 4  for public use occasionally or periodically. The right to

 5  trial by jury is preserved in any case in which the plaintiff

 6  is seeking actual or punitive damages.

 7         Section 5.  Section 760.08, Florida Statutes, is

 8  amended to read:

 9         760.08  Discrimination in places of public

10  accommodation.--

11         (1)  All persons shall be entitled to the full and

12  equal enjoyment of the goods, services, facilities,

13  privileges, advantages, and accommodations of any place of

14  public accommodation, as defined in this chapter, without

15  discrimination or segregation on the ground of race, color,

16  religion, sex, national origin, age, disability, or sex,

17  handicap, familial status, or religion.

18         (2)  As used in this section, the term "place of public

19  accommodation" means a facility, operated by a private person,

20  whose operations affect commerce and fall within at least one

21  of the following categories:

22         (a)  An inn, hotel, motel, or other place of lodging,

23  except for an establishment located within a building that

24  contains not more than five rooms for rent or hire and that is

25  actually occupied by the proprietor of the establishment as

26  the residence of the proprietor;

27         (b)  A restaurant, bar, or other establishment serving

28  food or drink;

29         (c)  A motion picture house, theater, concert hall,

30  stadium, or other place of gathering;

31  

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1         (d)  An auditorium, convention center, lecture hall, or

 2  other place of exhibition or entertainment;

 3         (e)  A bakery, grocery store, clothing store, hardware

 4  store, shopping center, or other sales or rental

 5  establishment;

 6         (f)  A laundromat, dry cleaner, bank, barber shop,

 7  beauty shop, travel service, shoe repair service, funeral

 8  parlor, gas station, office of a health care provider,

 9  hospital, or other service establishment;

10         (g)  A terminal, depot, or other station used for

11  specified public transportation;

12         (h)  A museum, library, gallery, or other place of

13  public display or collection;

14         (i)  A park, zoo, amusement park, or other place of

15  recreation;

16         (j)  A day care center, senior citizen center, homeless

17  shelter, food bank, adoption agency, or other social services

18  establishment; and

19         (k)  A gymnasium, health spa, bowling alley, golf

20  course, or other place of exercise or recreation.

21         Section 6.  Section 760.10, Florida Statutes, is

22  amended to read:

23         760.10  Unlawful employment practices.--

24         (1)  It is an unlawful employment practice for an

25  employer:

26         (a)  To discharge or to fail or refuse to hire any

27  individual, or otherwise to discriminate against any

28  individual with respect to compensation, terms, conditions, or

29  privileges of employment, because of such individual's race,

30  color, religion, sex, national origin, age, disability

31  handicap, or marital status.

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1         (b)  To limit, segregate, or classify employees or

 2  applicants for employment in any way which would deprive or

 3  tend to deprive any individual of employment opportunities, or

 4  adversely affect any individual's status as an employee,

 5  because of such individual's race, color, religion, sex,

 6  national origin, age, disability handicap, or marital status.

 7         (2)  It is an unlawful employment practice for an

 8  employment agency to fail or refuse to refer for employment,

 9  or otherwise to discriminate against, any individual because

10  of race, color, religion, sex, national origin, age,

11  disability handicap, or marital status or to classify or refer

12  for employment any individual on the basis of race, color,

13  religion, sex, national origin, age, disability handicap, or

14  marital status.

15         (3)  It is an unlawful employment practice for a labor

16  organization:

17         (a)  To exclude or to expel from its membership, or

18  otherwise to discriminate against, any individual because of

19  race, color, religion, sex, national origin, age, disability

20  handicap, or marital status.

21         (b)  To limit, segregate, or classify its membership or

22  applicants for membership, or to classify or fail or refuse to

23  refer for employment any individual, in any way which would

24  deprive or tend to deprive any individual of employment

25  opportunities, or adversely affect any individual's status as

26  an employee or as an applicant for employment, because of such

27  individual's race, color, religion, sex, national origin, age,

28  disability handicap, or marital status.

29         (c)  To cause or attempt to cause an employer to

30  discriminate against an individual in violation of this

31  section.

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1         (4)  It is an unlawful employment practice for any

 2  employer, labor organization, or joint labor-management

 3  committee controlling apprenticeship or other training or

 4  retraining, including on-the-job training programs, to

 5  discriminate against any individual because of race, color,

 6  religion, sex, national origin, age, disability handicap, or

 7  marital status in admission to, or employment in, any program

 8  established to provide apprenticeship or other training.

 9         (5)  Whenever, in order to engage in a profession,

10  occupation, or trade, it is required that a person receive a

11  license, certification, or other credential, become a member

12  or an associate of any club, association, or other

13  organization, or pass any examination, it is an unlawful

14  employment practice for any person to discriminate against any

15  other person seeking such license, certification, or other

16  credential, seeking to become a member or associate of such

17  club, association, or other organization, or seeking to take

18  or pass such examination, because of such other person's race,

19  color, religion, sex, national origin, age, disability

20  handicap, or marital status.

21         (6)  It is an unlawful employment practice for an

22  employer, labor organization, employment agency, or joint

23  labor-management committee to print, or cause to be printed or

24  published, any notice or advertisement relating to employment,

25  membership, classification, referral for employment, or

26  apprenticeship or other training, indicating any preference,

27  limitation, specification, or discrimination, based on race,

28  color, religion, sex, national origin, age, absence of

29  disability handicap, or marital status.

30         (7)  It is an unlawful employment practice for an

31  employer, an employment agency, a joint labor-management

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1  committee, or a labor organization to discriminate against any

 2  person because that person has opposed any practice that which

 3  is an unlawful employment practice under this section, or

 4  because that person has made a charge, testified, assisted, or

 5  participated in any manner in an investigation, proceeding, or

 6  hearing under this section.

 7         (8)  Notwithstanding any other provision of this

 8  section, it is not an unlawful employment practice under ss.

 9  760.01-760.10 for an employer, employment agency, labor

10  organization, or joint labor-management committee to:

11         (a)  Take or fail to take any action on the basis of

12  religion, sex, national origin, age, disability handicap, or

13  marital status in those certain instances in which religion,

14  sex, national origin, age, absence of a particular disability

15  handicap, or marital status is a bona fide occupational

16  qualification reasonably necessary for the performance of the

17  particular employment to which such action or inaction is

18  related.

19         (b)  Observe the terms of a bona fide seniority system,

20  a bona fide employee benefit plan such as a retirement,

21  pension, or insurance plan, or a system which measures

22  earnings by quantity or quality of production, which is not

23  designed, intended, or used to evade the purposes of ss.

24  760.01-760.10. However, no such employee benefit plan or

25  system which measures earnings shall excuse the failure to

26  hire, and no such seniority system, employee benefit plan, or

27  system which measures earnings shall excuse the involuntary

28  retirement of, any individual on the basis of any factor not

29  related to the ability of such individual to perform the

30  particular employment for which such individual has applied or

31  in which such individual is engaged. This subsection shall not

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1  be construed to make unlawful the rejection or termination of

 2  employment when the individual applicant or employee has

 3  failed to meet bona fide requirements for the job or position

 4  sought or held or to require any changes in any bona fide

 5  retirement or pension programs or existing collective

 6  bargaining agreements during the life of the contract, or for

 7  2 years after October 1, 1981, whichever occurs first, nor

 8  shall ss. 760.01-760.10 this act preclude such physical and

 9  medical examinations of applicants and employees as an

10  employer may require of applicants and employees to determine

11  fitness for the job or position sought or held.

12         (c)  Take or fail to take any action on the basis of

13  age, pursuant to law or regulation governing any employment or

14  training program designed to benefit persons of a particular

15  age group.

16         (d)  Take or fail to take any action on the basis of

17  marital status if that status is prohibited under its

18  antinepotism policy.

19         (9)  This section shall not apply to any religious

20  corporation, association, educational institution, or society

21  which conditions opportunities in the area of employment or

22  public accommodation to members of that religious corporation,

23  association, educational institution, or society or to persons

24  who subscribe to its tenets or beliefs. This section shall not

25  prohibit a religious corporation, association, educational

26  institution, or society from giving preference in employment

27  to individuals of a particular religion to perform work

28  connected with the carrying on by such corporations,

29  associations, educational institutions, or societies of its

30  various activities.

31  

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1         (10)  As used in this section, the terms "because of

 2  sex" or "on the basis of sex" include, but are not limited to,

 3  because of or on the basis of pregnancy, childbirth, or

 4  related medical conditions. Women affected by pregnancy,

 5  childbirth, or related medical conditions shall be treated the

 6  same for all employment-related purposes, including receipt of

 7  benefits under fringe benefits programs, as other persons not

 8  so affected but similar in their ability or inability to work,

 9  and this section may not be interpreted to permit otherwise.

10  This subsection shall not require an employer to pay for

11  health insurance benefits for abortion, except when the life

12  of the mother would be endangered if the fetus were carried to

13  term, or except when medical complications have arisen from an

14  abortion. However, this subsection shall not preclude an

15  employer from providing abortion benefits or otherwise affect

16  bargaining agreements in regard to abortion.

17         (11)(10)  Each employer, employment agency, and labor

18  organization shall post and keep posted in conspicuous places

19  upon its premises a notice provided by the commission setting

20  forth such information as the commission deems appropriate to

21  effectuate the purposes of ss. 760.01-760.10.

22         Section 7.  Subsections (1), (3), (5), and (8) of

23  section 760.11, Florida Statutes, are amended, and for

24  purposes of incorporating the amendments to section 760.10,

25  Florida Statutes, in a reference thereto, subsection (15) of

26  that section is reenacted, to read:

27         760.11  Administrative and civil remedies;

28  construction.--

29         (1)  Any person aggrieved by a violation of ss.

30  760.01-760.10 may file a complaint with the commission within

31  365 days of the alleged violation, naming the employer,

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1  employment agency, labor organization, or joint

 2  labor-management committee, or, in the case of an alleged

 3  violation of s. 760.10(5), the person responsible for the

 4  violation and describing the violation. Any person aggrieved

 5  by a violation of s. 509.092 may file a complaint with the

 6  commission within 365 days of the alleged violation naming the

 7  person responsible for the violation and describing the

 8  violation. The commission, a commissioner, or the Attorney

 9  General may in like manner file such a complaint. On the same

10  day the complaint is filed with the commission, the commission

11  shall clearly stamp on the face of the complaint the date the

12  complaint was filed with the commission. In lieu of filing the

13  complaint with the commission, a complaint under this section

14  may be filed with the federal Equal Employment Opportunity

15  Commission or with any unit of government of the state which

16  is a fair-employment-practice agency under 29 C.F.R. ss.

17  1601.70-1601.80. If the date the complaint is filed is clearly

18  stamped on the face of the complaint, that date is the date of

19  filing. The date the complaint is filed with the commission

20  for purposes of this section is the earliest date of filing

21  with the Equal Employment Opportunity Commission, the

22  fair-employment-practice agency, or the commission. The

23  complaint shall contain a short and plain statement of the

24  facts describing the violation and the relief sought. The

25  commission may require additional information to be in the

26  complaint. The commission, within 5 full business days after

27  of the complaint is being filed, shall by certified registered

28  mail, return receipt requested, send a copy of the complaint

29  to the person who allegedly committed the violation. The

30  person who allegedly committed the violation shall respond, in

31  writing, to the commission may file an answer to the complaint

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 1  within 21 25 days after the date of the notice of filing

 2  complaint and request for information of the date the

 3  complaint was filed with the commission. Any answer filed

 4  shall be mailed to the aggrieved person by the person filing

 5  the answer. Both the complaint and the response answer shall

 6  be verified.

 7         (3)  Except as provided in subsection (2), the

 8  commission shall investigate the allegations in the complaint.

 9  Within 180 days after of the filing of the complaint, the

10  commission shall determine if there is reasonable cause to

11  believe that discriminatory practice has occurred in violation

12  of the Florida Civil Rights Act of 1992. Such 180-day time

13  period may be extended for up to an additional 60 days upon a

14  determination by the executive director of the commission that

15  the parties have engaged in mediation; a necessary party

16  cannot be located; one or more of the parties fails to

17  cooperate in the investigation, thereby necessitating the

18  issuance of a subpoena; the respondent has filed bankruptcy;

19  or other circumstances beyond the control of the commission.

20  When the commission determines whether or not there is

21  reasonable cause, the commission by certified registered mail,

22  return receipt requested, shall promptly notify the aggrieved

23  person and the respondent of the reasonable cause

24  determination, the date of such determination, and the options

25  available under this section.

26         (5)  In any civil action brought under this section,

27  the court may issue an order prohibiting the discriminatory

28  practice and providing affirmative relief from the effects of

29  the practice, including back pay. The court may also award

30  compensatory damages, including, but not limited to, damages

31  for mental anguish, loss of dignity, and any other intangible

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    Florida Senate - 2005                                  SB 2110
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 1  injuries, and punitive damages. The provisions of ss. 768.72

 2  and 768.73 do not apply to this section. The judgment for the

 3  total amount of punitive damages awarded under this section to

 4  an aggrieved person shall not exceed $100,000. In any action

 5  or proceeding under this subsection, the court, in its

 6  discretion, may allow the prevailing party a reasonable

 7  attorney's fee as part of the costs. It is the intent of the

 8  Legislature that this provision for attorney's fees be

 9  interpreted in a manner consistent with federal case law

10  involving a Title VII action. The right to trial by jury is

11  preserved in any such private right of action in which the

12  aggrieved person is seeking compensatory or punitive damages,

13  and any party may demand a trial by jury. The commission's

14  determination of reasonable cause is not admissible into

15  evidence in any civil proceeding, including any hearing or

16  trial, except to establish for the court the right to maintain

17  the private right of action. A civil action brought under this

18  section shall be commenced no later than 1 year after the date

19  of determination of reasonable cause by the commission or no

20  later than 4 years after the date the alleged discriminatory

21  act took place, whichever occurs first. The commencement of

22  such action shall divest the commission of jurisdiction of the

23  complaint, except that the commission may intervene in the

24  civil action as a matter of right. Notwithstanding the above,

25  the state and its agencies and subdivisions shall not be

26  liable for punitive damages. The total amount of recovery

27  against the state and its agencies and subdivisions shall not

28  exceed the limitation as set forth in s. 768.28(5).

29         (8)  In the event that the commission fails to

30  conciliate or determine whether there is reasonable cause on

31  any complaint under this section within 180 days after of the

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 1  filing of the complaint, except as otherwise provided in

 2  subsection (3), an aggrieved person may proceed under

 3  subsection (4), as if the commission determined that there was

 4  reasonable cause.

 5         (15)  In any civil action or administrative proceeding

 6  brought pursuant to this section, a finding that a person

 7  employed by the state or any governmental entity or agency has

 8  violated s. 760.10 shall as a matter of law constitute just or

 9  substantial cause for such person's discharge.

10         Section 8.  Subsection (7) of section 760.22, Florida

11  Statutes, is amended to read:

12         760.22  Definitions.--As used in ss. 760.20-760.37, the

13  term:

14         (7)  "Disability," with respect to an individual,

15  "Handicap" means:

16         (a)  A person has a physical or mental impairment that

17  which substantially limits one or more of the major life

18  activities of the individual;,

19         (b)  or he or she has A record of having such an

20  impairment;, or

21         (c)  Being is regarded as having, such an physical or

22  mental impairment; or

23         (d)(b)  Having A person has a developmental disability

24  as defined in s. 393.063.

25  

26  For the purposes of this chapter, the term "disability" shall

27  not include transvestism, transsexualism, pedophilia,

28  exhibitionism, voyeurism, gender identity disorders not

29  resulting from physical impairments, or other sexual behavior

30  disorders; compulsive gambling, kleptomania, or pyromania; or

31  

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 1  psychoactive substance use disorders resulting from current

 2  illegal use of drugs.

 3         Section 9.  Section 760.23, Florida Statutes, is

 4  amended to read:

 5         760.23  Discrimination in the sale or rental of housing

 6  and other prohibited practices.--

 7         (1)  It is unlawful to refuse to sell or rent after the

 8  making of a bona fide offer, to refuse to negotiate for the

 9  sale or rental of, or otherwise to make unavailable or deny a

10  dwelling to any person because of race, color, religion, sex,

11  national origin, disability sex, handicap, or familial status,

12  or religion.

13         (2)  It is unlawful to discriminate against any person

14  in the terms, conditions, or privileges of sale or rental of a

15  dwelling, or in the provision of services or facilities in

16  connection therewith, because of race, color, religion, sex,

17  national origin, disability sex, handicap, or familial status,

18  or religion.

19         (3)  It is unlawful to make, print, or publish, or

20  cause to be made, printed, or published, any notice,

21  statement, or advertisement with respect to the sale or rental

22  of a dwelling that indicates any preference, limitation, or

23  discrimination based on race, color, religion, sex, national

24  origin, disability, or sex, handicap, familial status, or

25  religion or an intention to make any such preference,

26  limitation, or discrimination.

27         (4)  It is unlawful to represent to any person because

28  of race, color, religion, sex, national origin, disability, or

29  sex, handicap, familial status, or religion that any dwelling

30  is not available for inspection, sale, or rental when such

31  dwelling is in fact so available.

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 1         (5)  It is unlawful, for profit, to induce or attempt

 2  to induce any person to sell or rent any dwelling by a

 3  representation regarding the entry or prospective entry into

 4  the neighborhood of a person or persons of a particular race,

 5  color, religion, sex, national origin, disability, or sex,

 6  handicap, familial status, or religion.

 7         (6)  The protections afforded under ss. 760.20-760.37

 8  against discrimination on the basis of familial status apply

 9  to any person who is pregnant or is in the process of securing

10  legal custody of any individual who has not attained the age

11  of 18 years.

12         (7)  It is unlawful to discriminate in the sale or

13  rental of, or to otherwise make unavailable or deny, a

14  dwelling to any buyer or renter because of a disability

15  handicap of:

16         (a)  That buyer or renter;

17         (b)  A person residing in or intending to reside in

18  that dwelling after it is sold, rented, or made available; or

19         (c)  Any person associated with the buyer or renter.

20         (8)  It is unlawful to discriminate against any person

21  in the terms, conditions, or privileges of sale or rental of a

22  dwelling, or in the provision of services or facilities in

23  connection with such dwelling, because of a disability

24  handicap of:

25         (a)  That buyer or renter;

26         (b)  A person residing in or intending to reside in

27  that dwelling after it is sold, rented, or made available; or

28         (c)  Any person associated with the buyer or renter.

29         (9)  For purposes of subsections (7) and (8),

30  discrimination includes:

31  

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1         (a)  A refusal to permit, at the expense of the

 2  handicapped person with a disability, reasonable modifications

 3  of existing premises occupied or to be occupied by such person

 4  if such modifications may be necessary to afford such person

 5  full enjoyment of the premises; or

 6         (b)  A refusal to make reasonable accommodations in

 7  rules, policies, practices, or services, when such

 8  accommodations may be necessary to afford such person equal

 9  opportunity to use and enjoy a dwelling.

10         (10)  Covered multifamily dwellings as defined herein

11  which are intended for first occupancy after March 13, 1991,

12  shall be designed and constructed to have at least one

13  building entrance on an accessible route unless it is

14  impractical to do so because of the terrain or unusual

15  characteristics of the site as determined by commission rule.

16  Such buildings shall also be designed and constructed in such

17  a manner that:

18         (a)  The public use and common use portions of such

19  dwellings are readily accessible to and usable by handicapped

20  persons with disabilities.

21         (b)  All doors designed to allow passage into and

22  within all premises within such dwellings are sufficiently

23  wide to allow passage by a person in a wheelchair.

24         (c)  All premises within such dwellings contain the

25  following features of adaptive design:

26         1.  An accessible route into and through the dwelling.

27         2.  Light switches, electrical outlets, thermostats,

28  and other environmental controls in accessible locations.

29         3.  Reinforcements in bathroom walls to allow later

30  installation of grab bars.

31  

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1         4.  Usable kitchens and bathrooms such that a person in

 2  a wheelchair can maneuver about the space.

 3         (d)  Compliance with the appropriate requirements of

 4  the American National Standards Institute for buildings and

 5  facilities providing accessibility and usability for

 6  physically handicapped people with disabilities, commonly

 7  cited as ANSI A117.1-1986, suffices to satisfy the

 8  requirements of paragraph (c).

 9  

10  State agencies with building construction regulation

11  responsibility or local governments, as appropriate, shall

12  review the plans and specifications for the construction of

13  covered multifamily dwellings to determine consistency with

14  the requirements of this subsection.

15         Section 10.  Section 760.24, Florida Statutes, is

16  amended to read:

17         760.24  Discrimination in the provision of brokerage

18  services.--It is unlawful to deny any person access to, or

19  membership or participation in, any multiple-listing service,

20  real estate brokers' organization, or other service,

21  organization, or facility relating to the business of selling

22  or renting dwellings, or to discriminate against him or her in

23  the terms or conditions of such access, membership, or

24  participation, on account of race, color, religion, sex,

25  national origin, disability sex, handicap, or familial status,

26  or religion.

27         Section 11.  Section 760.25, Florida Statutes, is

28  amended to read:

29         760.25  Discrimination in the financing of housing or

30  in residential real estate transactions.--

31  

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1         (1)  It is unlawful for any bank, building and loan

 2  association, insurance company, or other corporation,

 3  association, firm, or enterprise the business of which

 4  consists in whole or in part of the making of commercial real

 5  estate loans to deny a loan or other financial assistance to a

 6  person applying for the loan for the purpose of purchasing,

 7  constructing, improving, repairing, or maintaining a dwelling,

 8  or to discriminate against him or her in the fixing of the

 9  amount, interest rate, duration, or other term or condition of

10  such loan or other financial assistance, because of the race,

11  color, religion, sex, national origin, disability sex,

12  handicap, or familial status, or religion of such person or of

13  any person associated with him or her in connection with such

14  loan or other financial assistance or the purposes of such

15  loan or other financial assistance, or because of the race,

16  color, religion, sex, national origin, disability sex,

17  handicap, or familial status, or religion of the present or

18  prospective owners, lessees, tenants, or occupants of the

19  dwelling or dwellings in relation to which such loan or other

20  financial assistance is to be made or given.

21         (2)(a)  It is unlawful for any person or entity whose

22  business includes engaging in residential real estate

23  transactions to discriminate against any person in making

24  available such a transaction, or in the terms or conditions of

25  such a transaction, because of race, color, religion, sex,

26  national origin, disability sex, handicap, or familial status,

27  or religion.

28         (b)  As used in this subsection, the term "residential

29  real estate transaction" means any of the following:

30         1.  The making or purchasing of loans or providing

31  other financial assistance:

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1         a.  For purchasing, constructing, improving, repairing,

 2  or maintaining a dwelling; or

 3         b.  Secured by residential real estate.

 4         2.  The selling, brokering, or appraising of

 5  residential real property.

 6         Section 12.  Paragraph (e) of subsection (4) and

 7  paragraph (a) of subsection (5) of section 760.29, Florida

 8  Statutes, are amended to read:

 9         760.29  Exemptions.--

10         (4)

11         (e)  A facility or community claiming an exemption

12  under this subsection shall register with the commission and

13  submit a letter to the commission stating that the facility or

14  community complies with the requirements of subparagraph

15  (b)1., subparagraph (b)2., or subparagraph (b)3. The letter

16  shall be submitted on the letterhead of the facility or

17  community and shall be signed by the president of the facility

18  or community. This registration and documentation shall be

19  renewed biennially from the date of original filing. The

20  information in the registry shall be made available to the

21  public, and the commission shall include this information on

22  an Internet website. The commission may establish a reasonable

23  registration fee, not to exceed $20, that shall be deposited

24  into the commission's trust fund to defray the administrative

25  costs associated with maintaining the registry. The commission

26  may impose an administrative fine, not to exceed $500, on a

27  facility or community that does not register with the

28  commission or that knowingly submits false information in the

29  documentation required by this paragraph. Such fines shall be

30  deposited in the commission's trust fund. The registration and

31  documentation required by this paragraph shall not substitute

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1  for proof of compliance with the requirements of this

 2  subsection. Failure to comply with the requirements of this

 3  paragraph shall not disqualify a facility or community that

 4  otherwise qualifies for the exemption provided in this

 5  subsection.

 6  

 7  A county or municipal ordinance regarding housing for older

 8  persons may not contravene the provisions of this subsection.

 9         (5)  Nothing in ss. 760.20-760.37:

10         (a)  Prohibits a person engaged in the business of

11  furnishing appraisals of real property from taking into

12  consideration factors other than race, color, religion, sex,

13  national origin, disability sex, handicap, or familial status,

14  or religion.

15         Section 13.  Subsection (5) of section 760.31, Florida

16  Statutes, is amended to read:

17         760.31  Powers and duties of commission.--The

18  commission shall:

19         (5)  Adopt rules necessary to implement ss.

20  760.20-760.37 and govern the proceedings of the commission in

21  accordance with chapter 120. Commission rules shall clarify

22  terms used with regard to disability handicapped

23  accessibility, exceptions from accessibility requirements

24  based on terrain or site characteristics, and requirements

25  related to housing for older persons. Commission rules shall

26  specify the fee and the forms and procedures to be used for

27  the registration required by s. 760.29(4)(e).

28         Section 14.  Subsection (2) of section 760.34, Florida

29  Statutes, is amended to read:

30         760.34  Enforcement.--

31  

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1         (2)  A complaint under subsection (1) must be filed

 2  within 1 year after the alleged discriminatory housing

 3  practice occurred. The complaint must be in writing and shall

 4  state the facts upon which the allegations of a discriminatory

 5  housing practice are based. A complaint may be reasonably and

 6  fairly amended at any time. A respondent may file a response

 7  an answer to the complaint against him or her and, with the

 8  leave of the commission, which shall be granted whenever it

 9  would be reasonable and fair to do so, may amend his or her

10  response answer at any time. Both complaint and response

11  answer shall be verified.

12         Section 15.  Subsection (2) of section 760.50, Florida

13  Statutes, is amended to read:

14         760.50  Discrimination on the basis of AIDS,

15  AIDS-related complex, and HIV prohibited.--

16         (2)  Any person with or perceived as having acquired

17  immune deficiency syndrome, acquired immune deficiency

18  syndrome related complex, or human immunodeficiency virus

19  shall have every protection made available to handicapped

20  persons with disabilities.

21         Section 16.  Subsection (1) of section 760.60, Florida

22  Statutes, is amended to read:

23         760.60  Discriminatory practices of certain clubs

24  prohibited; remedies.--

25         (1)  It is unlawful for a person to discriminate

26  against any individual because of race, color, religion, sex

27  gender, national origin, age above the age of 21, disability

28  handicap, age above the age of 21, or marital status in

29  evaluating an application for membership in a club that has

30  more than 400 members, that provides regular meal service, and

31  that regularly receives payment for dues, fees, use of space,

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    Florida Senate - 2005                                  SB 2110
    34-1559A-05                                             See HB




 1  facilities, services, meals, or beverages directly or

 2  indirectly from nonmembers for business purposes. It is

 3  unlawful for a person, on behalf of such a club, to publish,

 4  circulate, issue, display, post, or mail any advertisement,

 5  notice, or solicitation that contains a statement to the

 6  effect that the accommodations, advantages, facilities,

 7  membership, or privileges of the club are denied to any

 8  individual because of race, color, religion, sex gender,

 9  national origin, age above the age of 21, disability handicap,

10  age above the age of 21, or marital status. This subsection

11  does not apply to fraternal or benevolent organizations,

12  ethnic clubs, or religious organizations where business

13  activity is not prevalent.

14         Section 17.  Paragraph (d) of subsection (1) of section

15  419.001, Florida Statutes, is amended to read:

16         419.001  Site selection of community residential

17  homes.--

18         (1)  For the purposes of this section, the following

19  definitions shall apply:

20         (d)  "Resident" means any of the following: a frail

21  elder as defined in s. 400.618; a physically disabled or

22  handicapped person as defined in s. 760.22(7)(a); a

23  developmentally disabled person as defined in s. 393.063; a

24  nondangerous mentally ill person as defined in s. 394.455(18);

25  or a child as defined in s. 39.01(14), s. 984.03(9) or (12),

26  or s. 985.03(8).

27         Section 18.  This act shall take effect July 1, 2005.

28  

29  

30  

31  

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