Senate Bill sb2628

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 2628

    By Senator Deutch





    30-1224-07                                          See HB 639

  1                      A bill to be entitled

  2         An act relating to civil rights; amending s.

  3         760.01, F.S.; revising provisions to include

  4         sexual orientation and familial status as

  5         impermissible grounds for discrimination;

  6         conforming terminology; amending s. 760.02,

  7         F.S.; defining additional terms; amending ss.

  8         760.05, 760.07, 760.08, and 760.10, F.S.;

  9         revising provisions to include sexual

10         orientation and familial status as

11         impermissible grounds for discrimination;

12         conforming terminology; amending s. 509.092,

13         F.S.; revising provisions to include sexual

14         orientation and familial status as

15         impermissible grounds for discrimination in

16         public lodging establishments and public food

17         service establishments; amending s. 760.22,

18         F.S.; defining the term "disability" and

19         deleting the definition of the term "handicap";

20         amending ss. 760.23, 760.24, 760.25, 760.26,

21         and 760.29, F.S.; revising provisions to

22         include sexual orientation, familial status,

23         and marital status as impermissible grounds for

24         discrimination; conforming terminology;

25         amending ss. 760.31 and 760.50, F.S.;

26         conforming terminology; amending s. 760.60,

27         F.S.; revising provisions to include sexual

28         orientation and familial status as

29         impermissible grounds for discrimination;

30         conforming terminology; amending s. 419.001,

31  

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




 1         F.S.; conforming a cross-reference; providing

 2         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, sexual orientation,

13  familial status handicap, or marital status and thereby to

14  protect their interest in personal dignity, to make available

15  to the state their full productive capacities, to secure the

16  state against domestic strife and unrest, to preserve the

17  public safety, health, and general welfare, and to promote the

18  interests, rights, and privileges of individuals within the

19  state.

20         Section 2.  Section 760.02, Florida Statutes, is

21  amended to read:

22         760.02  Definitions.--For the purposes of ss.

23  760.01-760.11 and 509.092, the term:

24         (1)  "Aggrieved person" means any person who files a

25  complaint with the Florida Commission on Human Relations

26  "Florida Civil Rights Act of 1992" means ss. 760.01-760.11 and

27  509.092.

28         (2)  "Commission" means the Florida Commission on Human

29  Relations created by s. 760.03.

30         (3)  "Commissioner" or "member" means a member of the

31  commission.

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




 1         (4)  "Discriminatory practice" means any practice made

 2  unlawful by the Florida Civil Rights Act of 1992.

 3         (5)  "Employer" means any person employing 15 or more

 4  employees for each working day in each of 20 or more calendar

 5  weeks in the current or preceding calendar year, and any agent

 6  of such a person.

 7         (6)  "Employment agency" means any person regularly

 8  undertaking, with or without compensation, to procure

 9  employees for an employer or to procure for employees

10  opportunities to work for an employer, and includes an agent

11  of such a person.

12         (7)  "Familial status" is established when an

13  individual who has not attained the age of 18 years is

14  domiciled with:

15         (a)  A parent or other person having legal custody of

16  such individual; or

17         (b)  A designee of a parent or other person having

18  legal custody, with the written permission of such parent or

19  other person.

20         (8)  "Florida Civil Rights Act of 1992" means ss.

21  760.01-760.11 and 509.092.

22         (9)  "Labor organization" means any organization which

23  exists for the purpose, in whole or in part, of collective

24  bargaining or of dealing with employers concerning grievances,

25  terms or conditions of employment, or other mutual aid or

26  protection in connection with employment.

27         (10)(5)  "National origin" includes ancestry.

28         (11)(6)  "Person" includes an individual, association,

29  corporation, joint apprenticeship committee, joint-stock

30  company, labor union, legal representative, mutual company,

31  partnership, receiver, trust, trustee in bankruptcy, or

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




 1  unincorporated organization; any other legal or commercial

 2  entity; the state; or any governmental entity or agency.

 3         (7)  "Employer" means any person employing 15 or more

 4  employees for each working day in each of 20 or more calendar

 5  weeks in the current or preceding calendar year, and any agent

 6  of such a person.

 7         (8)  "Employment agency" means any person regularly

 8  undertaking, with or without compensation, to procure

 9  employees for an employer or to procure for employees

10  opportunities to work for an employer, and includes an agent

11  of such a person.

12         (9)  "Labor organization" means any organization which

13  exists for the purpose, in whole or in part, of collective

14  bargaining or of dealing with employers concerning grievances,

15  terms or conditions of employment, or other mutual aid or

16  protection in connection with employment.

17         (10)  "Aggrieved person" means any person who files a

18  complaint with the Human Relations Commission.

19         (12)(11)  "Public accommodations" means places of

20  public accommodation, lodgings, facilities principally engaged

21  in selling food for consumption on the premises, gasoline

22  stations, places of exhibition or entertainment, and other

23  covered establishments. Each of the following establishments

24  which serves the public is a place of public accommodation

25  within the meaning of this section:

26         (a)  Any inn, hotel, motel, or other establishment

27  which provides lodging to transient guests, other than an

28  establishment located within a building which contains not

29  more than four rooms for rent or hire and which is actually

30  occupied by the proprietor of such establishment as his or her

31  residence.

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




 1         (b)  Any restaurant, cafeteria, lunchroom, lunch

 2  counter, soda fountain, or other facility principally engaged

 3  in selling food for consumption on the premises, including,

 4  but not limited to, any such facility located on the premises

 5  of any retail establishment, or any gasoline station.

 6         (c)  Any motion picture theater, theater, concert hall,

 7  sports arena, stadium, or other place of exhibition or

 8  entertainment.

 9         (d)  Any establishment which is physically located

10  within the premises of any establishment otherwise covered by

11  this subsection, or within the premises of which is physically

12  located any such covered establishment, and which holds itself

13  out as serving patrons of such covered establishment.

14         (13)  "Sexual orientation" means the condition of being

15  heterosexual, homosexual, or bisexual.

16         Section 3.  Section 760.05, Florida Statutes, is

17  amended to read:

18         760.05  Functions of the commission.--The commission

19  shall promote and encourage fair treatment and equal

20  opportunity for all persons regardless of race, color,

21  religion, sex, national origin, age, disability, sexual

22  orientation, familial status handicap, or marital status and

23  mutual understanding and respect among all members of all

24  economic, social, racial, religious, and ethnic groups; and

25  shall endeavor to eliminate discrimination against, and

26  antagonism between, religious, racial, and ethnic groups and

27  their members.

28         Section 4.  Section 760.07, Florida Statutes, is

29  amended to read:

30         760.07  Remedies for unlawful discrimination.--Any

31  violation of any Florida statute making unlawful

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




 1  discrimination because of race, color, religion, gender,

 2  national origin, age, disability, sexual orientation, familial

 3  status handicap, or marital status in the areas of education,

 4  employment, housing, or public accommodations gives rise to a

 5  cause of action for all relief and damages described in s.

 6  760.11(5), unless greater damages are expressly provided for.

 7  If the statute prohibiting unlawful discrimination provides an

 8  administrative remedy, the action for equitable relief and

 9  damages provided for in this section may be initiated only

10  after the plaintiff has exhausted his or her administrative

11  remedy. The term "public accommodations" does not include

12  lodge halls or other similar facilities of private

13  organizations which are made available for public use

14  occasionally or periodically. The right to trial by jury is

15  preserved in any case in which the plaintiff is seeking actual

16  or punitive damages.

17         Section 5.  Section 760.08, Florida Statutes, is

18  amended to read:

19         760.08  Discrimination in places of public

20  accommodation.--All persons shall be entitled to the full and

21  equal enjoyment of the goods, services, facilities,

22  privileges, advantages, and accommodations of any place of

23  public accommodation, as defined in this chapter, without

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

25  national origin, sex, disability, sexual orientation handicap,

26  familial status, marital status, or religion.

27         Section 6.  Subsections (1) and (2), paragraphs (a) and

28  (b) of subsection (3), subsections (4), (5), and (6), and

29  paragraph (a) of subsection (8) of section 760.10, Florida

30  Statutes, are amended to read:

31         760.10  Unlawful employment practices.--

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




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

 2  employer:

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

 4  individual, or otherwise to discriminate against any

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

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

 7  color, religion, sex, national origin, age, disability, sexual

 8  orientation, familial status handicap, or marital status.

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

10  applicants for employment in any way which would deprive or

11  tend to deprive any individual of employment opportunities, or

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

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

14  national origin, age, disability, sexual orientation, familial

15  status handicap, or marital status.

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

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

18  or otherwise to discriminate against, any individual because

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

20  disability, sexual orientation, familial status handicap, or

21  marital status or to classify or refer for employment any

22  individual on the basis of race, color, religion, sex,

23  national origin, age, disability, sexual orientation, familial

24  status handicap, or marital status.

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

26  organization:

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

28  otherwise to discriminate against, any individual because of

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

30  sexual orientation, familial status handicap, or marital

31  status.

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




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

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

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

 4  deprive or tend to deprive any individual of employment

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

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

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

 8  disability, sexual orientation, familial status handicap, or

 9  marital status.

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

11  employer, labor organization, or joint labor-management

12  committee controlling apprenticeship or other training or

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

14  discriminate against any individual because of race, color,

15  religion, sex, national origin, age, disability, sexual

16  orientation, familial status handicap, or marital status in

17  admission to, or employment in, any program established to

18  provide apprenticeship or other training.

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

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

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

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

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

24  employment practice for any person to discriminate against any

25  other person seeking such license, certification, or other

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

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

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

29  color, religion, sex, national origin, age, disability, sexual

30  orientation, familial status handicap, or marital status.

31  

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




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

 2  employer, labor organization, employment agency, or joint

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

 4  published, any notice or advertisement relating to employment,

 5  membership, classification, referral for employment, or

 6  apprenticeship or other training, indicating any preference,

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

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

 9  disability, sexual orientation, familial status handicap, or

10  marital status.

11         (8)  Notwithstanding any other provision of this

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

13  760.01-760.10 for an employer, employment agency, labor

14  organization, or joint labor-management committee to:

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

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

17  orientation handicap, or marital status in those certain

18  instances in which religion, sex, national origin, age,

19  absence of a particular disability, sexual orientation

20  handicap, or marital status is a bona fide occupational

21  qualification reasonably necessary for the performance of the

22  particular employment to which such action or inaction is

23  related.

24         Section 7.  Section 509.092, Florida Statutes, is

25  amended to read:

26         509.092  Public lodging establishments and public food

27  service establishments; rights as private enterprises.--Public

28  lodging establishments and public food service establishments

29  are private enterprises, and the operator has the right to

30  refuse accommodations or service to any person who is

31  objectionable or undesirable to the operator, but such refusal

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




 1  may not be based upon race, creed, color, sex, physical

 2  disability, sexual orientation, familial status, or national

 3  origin. A person aggrieved by a violation of this section or a

 4  violation of a rule adopted under this section has a right of

 5  action pursuant to s. 760.11.

 6         Section 8.  Section 760.22, Florida Statutes, is

 7  amended to read:

 8         760.22  Definitions.--As used in ss. 760.20-760.37, the

 9  term:

10         (1)  "Commission" means the Florida Commission on Human

11  Relations.

12         (2)  "Covered multifamily dwelling" means:

13         (a)  A building which consists of four or more units

14  and has an elevator; or

15         (b)  The ground floor units of a building which

16  consists of four or more units and does not have an elevator.

17         (3)  "Disability" means:

18         (a)  A physical or mental impairment that a person has,

19  has a record of having, or is regarded as having, that

20  substantially limits one or more major life activities; or

21         (b)  A developmental disability as defined in s.

22  393.063.

23         (4)(3)  "Discriminatory housing practice" means an act

24  that is unlawful under the terms of ss. 760.20-760.37.

25         (5)(4)  "Dwelling" means any building or structure, or

26  portion thereof, which is occupied as, or designed or intended

27  for occupancy as, a residence by one or more families, and any

28  vacant land which is offered for sale or lease for the

29  construction or location on the land of any such building or

30  structure, or portion thereof.

31  

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




 1         (6)(5)  "Familial status" is established when an

 2  individual who has not attained the age of 18 years is

 3  domiciled with:

 4         (a)  A parent or other person having legal custody of

 5  such individual; or

 6         (b)  A designee of a parent or other person having

 7  legal custody, with the written permission of such parent or

 8  other person.

 9         (7)(6)  "Family" includes a single individual.

10         (7)  "Handicap" means:

11         (a)  A person has a physical or mental impairment which

12  substantially limits one or more major life activities, or he

13  or she has a record of having, or is regarded as having, such

14  physical or mental impairment; or

15         (b)  A person has a developmental disability as defined

16  in s. 393.063.

17         (8)  "Person" includes one or more individuals,

18  corporations, partnerships, associations, labor organizations,

19  legal representatives, mutual companies, joint-stock

20  companies, trusts, unincorporated organizations, trustees,

21  trustees in bankruptcy, receivers, and fiduciaries.

22         (9)  "Substantially equivalent" means an administrative

23  subdivision of the State of Florida meeting the requirements

24  of 24 C.F.R. part 115, s. 115.6.

25         (10)  "To rent" includes to lease, to sublease, to let,

26  and otherwise to grant for a consideration the right to occupy

27  premises not owned by the occupant.

28         Section 9.  Subsections (1), (2), (3), (5), (7), and

29  (8), paragraph (a) of subsection (9), and paragraphs (a) and

30  (d) of subsection (10) of section 760.23, Florida Statutes,

31  are amended to read:

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




 1         760.23  Discrimination in the sale or rental of housing

 2  and other prohibited practices.--

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

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

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

 6  dwelling to any person because of race, color, national

 7  origin, sex, disability, sexual orientation handicap, familial

 8  status, marital status, or religion.

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

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

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

12  connection therewith, because of race, color, national origin,

13  sex, disability, sexual orientation handicap, familial status,

14  marital status, or religion.

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

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

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

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

19  discrimination based on race, color, national origin, sex,

20  disability, sexual orientation handicap, familial status,

21  marital status, or religion or an intention to make any such

22  preference, limitation, or discrimination.

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

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

25  representation regarding the entry or prospective entry into

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

27  color, national origin, sex, disability, sexual orientation

28  handicap, familial status, marital status, or religion.

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

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

31  

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




 1  dwelling to any buyer or renter because of a disability

 2  handicap of:

 3         (a)  That buyer or renter;

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

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

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

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

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

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

10  connection with such dwelling, because of a disability

11  handicap of:

12         (a)  That buyer or renter;

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

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

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

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

17  discrimination includes:

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

19  disabled handicapped person, reasonable modifications of

20  existing premises occupied or to be occupied by such person if

21  such modifications may be necessary to afford such person full

22  enjoyment of the premises; or

23         (10)  Covered multifamily dwellings as defined herein

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

25  shall be designed and constructed to have at least one

26  building entrance on an accessible route unless it is

27  impractical to do so because of the terrain or unusual

28  characteristics of the site as determined by commission rule.

29  Such buildings shall also be designed and constructed in such

30  a manner that:

31  

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




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

 2  dwellings are readily accessible to and usable by disabled

 3  handicapped persons.

 4         (d)  Compliance with the appropriate requirements of

 5  the American National Standards Institute for buildings and

 6  facilities providing accessibility and usability for

 7  physically disabled handicapped people, commonly cited as ANSI

 8  A117.1-1986, suffices to satisfy the requirements of paragraph

 9  (c).

10  

11  State agencies with building construction regulation

12  responsibility or local governments, as appropriate, shall

13  review the plans and specifications for the construction of

14  covered multifamily dwellings to determine consistency with

15  the requirements of this subsection.

16         Section 10.  Section 760.24, Florida Statutes, is

17  amended to read:

18         760.24  Discrimination in the provision of brokerage

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

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

21  real estate brokers' organization, or other service,

22  organization, or facility relating to the business of selling

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

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

25  participation, on account of race, color, national origin,

26  sex, disability, sexual orientation handicap, familial status,

27  marital status, or religion.

28         Section 11.  Subsection (1) and paragraph (a) of

29  subsection (2) of section 760.25, Florida Statutes, are

30  amended to read:

31  

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




 1         760.25  Discrimination in the financing of housing or

 2  in residential real estate transactions.--

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

 4  association, insurance company, or other corporation,

 5  association, firm, or enterprise the business of which

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

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

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

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

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

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

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

13  color, national origin, sex, disability, sexual orientation

14  handicap, familial status, marital status, or religion of such

15  person or of any person associated with him or her in

16  connection with such loan or other financial assistance or the

17  purposes of such loan or other financial assistance, or

18  because of the race, color, national origin, sex, disability,

19  sexual orientation handicap, familial status, marital status,

20  or religion of the present or prospective owners, lessees,

21  tenants, or occupants of the dwelling or dwellings in relation

22  to which such loan or other financial assistance is to be made

23  or given.

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

25  business includes engaging in residential real estate

26  transactions to discriminate against any person in making

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

28  such a transaction, because of race, color, national origin,

29  sex, disability, sexual orientation handicap, familial status,

30  marital status, or religion.

31  

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




 1         Section 12.  Section 760.26, Florida Statutes, is

 2  amended to read:

 3         760.26  Prohibited discrimination in land use decisions

 4  and in permitting of development.--It is unlawful to

 5  discriminate in land use decisions or in the permitting of

 6  development based on race, color, national origin, sex, sexual

 7  orientation, disability, marital status, familial status,

 8  religion, or, except as otherwise provided by law, the source

 9  of financing of a development or proposed development.

10         Section 13.  Paragraph (a) of subsection (5) of section

11  760.29, Florida Statutes, is amended to read:

12         760.29  Exemptions.--

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

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

15  furnishing appraisals of real property from taking into

16  consideration factors other than race, color, national origin,

17  sex, disability, sexual orientation handicap, familial status,

18  marital status, or religion.

19         Section 14.  Subsection (5) of section 760.31, Florida

20  Statutes, is amended to read:

21         760.31  Powers and duties of commission.--The

22  commission shall:

23         (5)  Adopt rules necessary to implement ss.

24  760.20-760.37 and govern the proceedings of the commission in

25  accordance with chapter 120. Commission rules shall clarify

26  terms used with regard to disabled handicapped accessibility,

27  exceptions from accessibility requirements based on terrain or

28  site characteristics, and requirements related to housing for

29  older persons. Commission rules shall specify the fee and the

30  forms and procedures to be used for the registration required

31  by s. 760.29(4)(e).

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




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

 2  Statutes, is amended to read:

 3         760.50  Discrimination on the basis of AIDS,

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

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

 6  immune deficiency syndrome, acquired immune deficiency

 7  syndrome related complex, or human immunodeficiency virus

 8  shall have every protection made available to disabled

 9  handicapped persons.

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

11  Statutes, is amended to read:

12         760.60  Discriminatory practices of certain clubs

13  prohibited; remedies.--

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

15  against any individual because of race, color, religion,

16  gender, national origin, disability, sexual orientation,

17  familial status handicap, age above the age of 21, or marital

18  status in evaluating an application for membership in a club

19  that has more than 400 members, that provides regular meal

20  service, and that regularly receives payment for dues, fees,

21  use of space, facilities, services, meals, or beverages

22  directly or indirectly from nonmembers for business purposes.

23  It is unlawful for a person, on behalf of such a club, to

24  publish, circulate, issue, display, post, or mail any

25  advertisement, notice, or solicitation that contains a

26  statement to the effect that the accommodations, advantages,

27  facilities, membership, or privileges of the club are denied

28  to any individual because of race, color, religion, gender,

29  national origin, disability, sexual orientation, familial

30  status handicap, age above the age of 21, or marital status.

31  This subsection does not apply to fraternal or benevolent

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    Florida Senate - 2007                                  SB 2628
    30-1224-07                                          See HB 639




 1  organizations, ethnic clubs, or religious organizations where

 2  business activity is not prevalent.

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

 4  419.001, Florida Statutes, is amended to read:

 5         419.001  Site selection of community residential

 6  homes.--

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

 8  definitions shall apply:

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

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

11  handicapped person as defined in s. 760.22(3)(7)(a); a

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

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

14  or a child who is found to be dependent or a child in need of

15  services as defined in s. 39.01(14), s. 984.03(9) or (12), or

16  s. 985.03.

17         Section 18.  This act shall take effect July 1, 2007.

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