| 1 | A bill to be entitled |
| 2 | An act relating to prohibited discrimination; amending s. |
| 3 | 760.01, F.S.; revising provisions to include sexual |
| 4 | orientation, gender identity or expression, and familial |
| 5 | status as impermissible grounds for discrimination; |
| 6 | conforming terminology; amending s. 760.02, F.S.; defining |
| 7 | additional terms; amending ss. 760.05, 760.07, 760.08, and |
| 8 | 760.10, F.S.; revising provisions to include sexual |
| 9 | orientation, gender identity or expression, familial |
| 10 | status, and marital status as impermissible grounds for |
| 11 | discrimination; conforming terminology; amending s. |
| 12 | 509.092, F.S.; revising provisions to include sexual |
| 13 | orientation, gender identity or expression, and familial |
| 14 | status as impermissible grounds for discrimination in |
| 15 | public lodging establishments and public food service |
| 16 | establishments; amending s. 760.22, F.S.; defining the |
| 17 | term "disability" and deleting the definition of the term |
| 18 | "handicap"; amending ss. 760.23, 760.24, 760.25, 760.26, |
| 19 | and 760.29, F.S.; revising provisions to include sexual |
| 20 | orientation, gender identity or expression, familial |
| 21 | status, and marital status as impermissible grounds for |
| 22 | discrimination; conforming terminology; amending ss. |
| 23 | 760.31 and 760.50, F.S.; conforming terminology; amending |
| 24 | s. 760.60, F.S.; revising provisions to include sexual |
| 25 | orientation, gender identity or expression, and familial |
| 26 | status as impermissible grounds for discrimination; |
| 27 | conforming terminology; amending s. 419.001, F.S.; |
| 28 | conforming a cross-reference; providing an effective date. |
| 29 |
|
| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. Subsection (2) of section 760.01, Florida |
| 33 | Statutes, is amended to read: |
| 34 | 760.01 Purposes; construction; title.-- |
| 35 | (2) The general purposes of the Florida Civil Rights Act |
| 36 | of 1992 are to secure for all individuals within the state |
| 37 | freedom from discrimination because of race, color, religion, |
| 38 | sex, national origin, age, disability, sexual orientation, |
| 39 | gender identity or expression, familial status handicap, or |
| 40 | marital status and thereby to protect their interest in personal |
| 41 | dignity, to make available to the state their full productive |
| 42 | capacities, to secure the state against domestic strife and |
| 43 | unrest, to preserve the public safety, health, and general |
| 44 | welfare, and to promote the interests, rights, and privileges of |
| 45 | individuals within the state. |
| 46 | Section 2. Section 760.02, Florida Statutes, is amended to |
| 47 | read: |
| 48 | 760.02 Definitions.--For the purposes of ss. 760.01-760.11 |
| 49 | and 509.092, the term: |
| 50 | (1) "Aggrieved person" means any person who files a |
| 51 | complaint with the Florida Commission on Human Relations |
| 52 | "Florida Civil Rights Act of 1992" means ss. 760.01-760.11 and |
| 53 | 509.092. |
| 54 | (2) "Commission" means the Florida Commission on Human |
| 55 | Relations created by s. 760.03. |
| 56 | (3) "Commissioner" or "member" means a member of the |
| 57 | commission. |
| 58 | (4) "Discriminatory practice" means any practice made |
| 59 | unlawful by the Florida Civil Rights Act of 1992. |
| 60 | (5) "Employer" means any person employing 15 or more |
| 61 | employees for each working day in each of 20 or more calendar |
| 62 | weeks in the current or preceding calendar year, and any agent |
| 63 | of such a person. |
| 64 | (6) "Employment agency" means any person regularly |
| 65 | undertaking, with or without compensation, to procure employees |
| 66 | for an employer or to procure for employees opportunities to |
| 67 | work for an employer, and includes an agent of such a person. |
| 68 | (7) "Familial status" is established when an individual |
| 69 | who has not attained the age of 18 years is domiciled with: |
| 70 | (a) A parent or other person having legal custody of such |
| 71 | individual; or |
| 72 | (b) A designee of a parent or other person having legal |
| 73 | custody, with the written permission of such parent or other |
| 74 | person. |
| 75 | (8) "Florida Civil Rights Act of 1992" means ss. 760.01- |
| 76 | 760.11 and 509.092. |
| 77 | (9) "Gender identity or expression" means a gender-related |
| 78 | identity, appearance, or expression of an individual, regardless |
| 79 | of the individual's assigned sex at birth. |
| 80 | (10) "Labor organization" means any organization that |
| 81 | exists for the purpose, in whole or in part, of collective |
| 82 | bargaining or of dealing with employers concerning grievances, |
| 83 | terms or conditions of employment, or other mutual aid or |
| 84 | protection in connection with employment. |
| 85 | (11)(5) "National origin" includes ancestry. |
| 86 | (12)(6) "Person" includes an individual, association, |
| 87 | corporation, joint apprenticeship committee, joint-stock |
| 88 | company, labor union, legal representative, mutual company, |
| 89 | partnership, receiver, trust, trustee in bankruptcy, or |
| 90 | unincorporated organization; any other legal or commercial |
| 91 | entity; the state; or any governmental entity or agency. |
| 92 | (7) "Employer" means any person employing 15 or more |
| 93 | employees for each working day in each of 20 or more calendar |
| 94 | weeks in the current or preceding calendar year, and any agent |
| 95 | of such a person. |
| 96 | (8) "Employment agency" means any person regularly |
| 97 | undertaking, with or without compensation, to procure employees |
| 98 | for an employer or to procure for employees opportunities to |
| 99 | work for an employer, and includes an agent of such a person. |
| 100 | (9) "Labor organization" means any organization which |
| 101 | exists for the purpose, in whole or in part, of collective |
| 102 | bargaining or of dealing with employers concerning grievances, |
| 103 | terms or conditions of employment, or other mutual aid or |
| 104 | protection in connection with employment. |
| 105 | (10) "Aggrieved person" means any person who files a |
| 106 | complaint with the Human Relations Commission. |
| 107 | (13)(11) "Public accommodations" means places of public |
| 108 | accommodation, lodgings, facilities principally engaged in |
| 109 | selling food for consumption on the premises, gasoline stations, |
| 110 | places of exhibition or entertainment, and other covered |
| 111 | establishments. Each of the following establishments which |
| 112 | serves the public is a place of public accommodation within the |
| 113 | meaning of this section: |
| 114 | (a) Any inn, hotel, motel, or other establishment which |
| 115 | provides lodging to transient guests, other than an |
| 116 | establishment located within a building which contains not more |
| 117 | than four rooms for rent or hire and which is actually occupied |
| 118 | by the proprietor of such establishment as his or her residence. |
| 119 | (b) Any restaurant, cafeteria, lunchroom, lunch counter, |
| 120 | soda fountain, or other facility principally engaged in selling |
| 121 | food for consumption on the premises, including, but not limited |
| 122 | to, any such facility located on the premises of any retail |
| 123 | establishment, or any gasoline station. |
| 124 | (c) Any motion picture theater, theater, concert hall, |
| 125 | sports arena, stadium, or other place of exhibition or |
| 126 | entertainment. |
| 127 | (d) Any establishment which is physically located within |
| 128 | the premises of any establishment otherwise covered by this |
| 129 | subsection, or within the premises of which is physically |
| 130 | located any such covered establishment, and which holds itself |
| 131 | out as serving patrons of such covered establishment. |
| 132 | (14) "Sexual orientation" means an individual's actual or |
| 133 | perceived heterosexuality, homosexuality, or bisexuality. |
| 134 | Section 3. Section 760.05, Florida Statutes, is amended to |
| 135 | read: |
| 136 | 760.05 Functions of the commission.--The commission shall |
| 137 | promote and encourage fair treatment and equal opportunity for |
| 138 | all persons regardless of race, color, religion, sex, national |
| 139 | origin, age, disability, sexual orientation, gender identity or |
| 140 | expression, familial status handicap, or marital status and |
| 141 | mutual understanding and respect among all members of all |
| 142 | economic, social, racial, religious, and ethnic groups; and |
| 143 | shall endeavor to eliminate discrimination against, and |
| 144 | antagonism between, religious, racial, and ethnic groups and |
| 145 | their members. |
| 146 | Section 4. Section 760.07, Florida Statutes, is amended to |
| 147 | read: |
| 148 | 760.07 Remedies for unlawful discrimination.--Any |
| 149 | violation of any Florida statute making unlawful discrimination |
| 150 | because of race, color, religion, gender, national origin, age, |
| 151 | disability, sexual orientation, gender identity or expression, |
| 152 | familial status handicap, or marital status in the areas of |
| 153 | education, employment, housing, or public accommodations gives |
| 154 | rise to a cause of action for all relief and damages described |
| 155 | in s. 760.11(5), unless greater damages are expressly provided |
| 156 | for. If the statute prohibiting unlawful discrimination provides |
| 157 | an administrative remedy, the action for equitable relief and |
| 158 | damages provided for in this section may be initiated only after |
| 159 | the plaintiff has exhausted his or her administrative remedy. |
| 160 | The term "public accommodations" does not include lodge halls or |
| 161 | other similar facilities of private organizations which are made |
| 162 | available for public use occasionally or periodically. The right |
| 163 | to trial by jury is preserved in any case in which the plaintiff |
| 164 | is seeking actual or punitive damages. |
| 165 | Section 5. Section 760.08, Florida Statutes, is amended to |
| 166 | read: |
| 167 | 760.08 Discrimination in places of public |
| 168 | accommodation.--All persons shall be entitled to the full and |
| 169 | equal enjoyment of the goods, services, facilities, privileges, |
| 170 | advantages, and accommodations of any place of public |
| 171 | accommodation, as defined in this chapter, without |
| 172 | discrimination or segregation on the ground of race, color, |
| 173 | national origin, sex, disability, sexual orientation, gender |
| 174 | identity or expression handicap, familial status, marital |
| 175 | status, or religion. |
| 176 | Section 6. Subsections (1) and (2), paragraphs (a) and (b) |
| 177 | of subsection (3), subsections (4), (5), and (6), and paragraph |
| 178 | (a) of subsection (8) of section 760.10, Florida Statutes, are |
| 179 | amended to read: |
| 180 | 760.10 Unlawful employment practices.-- |
| 181 | (1) It is an unlawful employment practice for an employer: |
| 182 | (a) To discharge or to fail or refuse to hire any |
| 183 | individual, or otherwise to discriminate against any individual |
| 184 | with respect to compensation, terms, conditions, or privileges |
| 185 | of employment, because of such individual's race, color, |
| 186 | religion, sex, national origin, age, disability, sexual |
| 187 | orientation, gender identity or expression, familial status |
| 188 | handicap, or marital status. |
| 189 | (b) To limit, segregate, or classify employees or |
| 190 | applicants for employment in any way which would deprive or tend |
| 191 | to deprive any individual of employment opportunities, or |
| 192 | adversely affect any individual's status as an employee, because |
| 193 | of such individual's race, color, religion, sex, national |
| 194 | origin, age, disability, sexual orientation, gender identity or |
| 195 | expression, familial status handicap, or marital status. |
| 196 | (2) It is an unlawful employment practice for an |
| 197 | employment agency to fail or refuse to refer for employment, or |
| 198 | otherwise to discriminate against, any individual because of |
| 199 | race, color, religion, sex, national origin, age, disability, |
| 200 | sexual orientation, gender identity or expression, familial |
| 201 | status handicap, or marital status or to classify or refer for |
| 202 | employment any individual on the basis of race, color, religion, |
| 203 | sex, national origin, age, disability, sexual orientation, |
| 204 | gender identity or expression, familial status handicap, or |
| 205 | marital status. |
| 206 | (3) It is an unlawful employment practice for a labor |
| 207 | organization: |
| 208 | (a) To exclude or to expel from its membership, or |
| 209 | otherwise to discriminate against, any individual because of |
| 210 | race, color, religion, sex, national origin, age, disability, |
| 211 | sexual orientation, gender identity or expression, familial |
| 212 | status handicap, or marital status. |
| 213 | (b) To limit, segregate, or classify its membership or |
| 214 | applicants for membership, or to classify or fail or refuse to |
| 215 | refer for employment any individual, in any way which would |
| 216 | deprive or tend to deprive any individual of employment |
| 217 | opportunities, or adversely affect any individual's status as an |
| 218 | employee or as an applicant for employment, because of such |
| 219 | individual's race, color, religion, sex, national origin, age, |
| 220 | disability, sexual orientation, gender identity or expression, |
| 221 | familial status handicap, or marital status. |
| 222 | (4) It is an unlawful employment practice for any |
| 223 | employer, labor organization, or joint labor-management |
| 224 | committee controlling apprenticeship or other training or |
| 225 | retraining, including on-the-job training programs, to |
| 226 | discriminate against any individual because of race, color, |
| 227 | religion, sex, national origin, age, disability, sexual |
| 228 | orientation, gender identity or expression, familial status |
| 229 | handicap, or marital status in admission to, or employment in, |
| 230 | any program established to provide apprenticeship or other |
| 231 | training. |
| 232 | (5) Whenever, in order to engage in a profession, |
| 233 | occupation, or trade, it is required that a person receive a |
| 234 | license, certification, or other credential, become a member or |
| 235 | an associate of any club, association, or other organization, or |
| 236 | pass any examination, it is an unlawful employment practice for |
| 237 | any person to discriminate against any other person seeking such |
| 238 | license, certification, or other credential, seeking to become a |
| 239 | member or associate of such club, association, or other |
| 240 | organization, or seeking to take or pass such examination, |
| 241 | because of such other person's race, color, religion, sex, |
| 242 | national origin, age, disability, sexual orientation, gender |
| 243 | identity or expression, familial status handicap, or marital |
| 244 | status. |
| 245 | (6) It is an unlawful employment practice for an employer, |
| 246 | labor organization, employment agency, or joint labor-management |
| 247 | committee to print, or cause to be printed or published, any |
| 248 | notice or advertisement relating to employment, membership, |
| 249 | classification, referral for employment, or apprenticeship or |
| 250 | other training, indicating any preference, limitation, |
| 251 | specification, or discrimination, based on race, color, |
| 252 | religion, sex, national origin, age, absence of disability, |
| 253 | sexual orientation, gender identity or expression, familial |
| 254 | status handicap, or marital status. |
| 255 | (8) Notwithstanding any other provision of this section, |
| 256 | it is not an unlawful employment practice under ss. 760.01- |
| 257 | 760.10 for an employer, employment agency, labor organization, |
| 258 | or joint labor-management committee to: |
| 259 | (a) Take or fail to take any action on the basis of |
| 260 | religion, sex, national origin, age, disability, sexual |
| 261 | orientation, gender identity or expression, familial status |
| 262 | handicap, or marital status in those certain instances in which |
| 263 | religion, sex, national origin, age, absence of a particular |
| 264 | disability, sexual orientation, gender identity or expression, |
| 265 | familial status handicap, or marital status is a bona fide |
| 266 | occupational qualification reasonably necessary for the |
| 267 | performance of the particular employment to which such action or |
| 268 | inaction is related. |
| 269 | Section 7. Section 509.092, Florida Statutes, is amended |
| 270 | to read: |
| 271 | 509.092 Public lodging establishments and public food |
| 272 | service establishments; rights as private enterprises.--Public |
| 273 | lodging establishments and public food service establishments |
| 274 | are private enterprises, and the operator has the right to |
| 275 | refuse accommodations or service to any person who is |
| 276 | objectionable or undesirable to the operator, but such refusal |
| 277 | may not be based upon race, creed, color, sex, physical |
| 278 | disability, sexual orientation, gender identity or expression, |
| 279 | familial status, or national origin. A person aggrieved by a |
| 280 | violation of this section or a violation of a rule adopted under |
| 281 | this section has a right of action pursuant to s. 760.11. |
| 282 | Section 8. Section 760.22, Florida Statutes, is amended to |
| 283 | read: |
| 284 | 760.22 Definitions.--As used in ss. 760.20-760.37, the |
| 285 | term: |
| 286 | (1) "Commission" means the Florida Commission on Human |
| 287 | Relations. |
| 288 | (2) "Covered multifamily dwelling" means: |
| 289 | (a) A building which consists of four or more units and |
| 290 | has an elevator; or |
| 291 | (b) The ground floor units of a building which consists of |
| 292 | four or more units and does not have an elevator. |
| 293 | (3) "Disability" means: |
| 294 | (a) A physical or mental impairment that a person has, has |
| 295 | a record of having, or is regarded as having, that substantially |
| 296 | limits one or more major life activities; or |
| 297 | (b) A developmental disability as defined in s. 393.063. |
| 298 | (4)(3) "Discriminatory housing practice" means an act that |
| 299 | is unlawful under the terms of ss. 760.20-760.37. |
| 300 | (5)(4) "Dwelling" means any building or structure, or |
| 301 | portion thereof, which is occupied as, or designed or intended |
| 302 | for occupancy as, a residence by one or more families, and any |
| 303 | vacant land which is offered for sale or lease for the |
| 304 | construction or location on the land of any such building or |
| 305 | structure, or portion thereof. |
| 306 | (6)(5) "Familial status" is established when an individual |
| 307 | who has not attained the age of 18 years is domiciled with: |
| 308 | (a) A parent or other person having legal custody of such |
| 309 | individual; or |
| 310 | (b) A designee of a parent or other person having legal |
| 311 | custody, with the written permission of such parent or other |
| 312 | person. |
| 313 | (7)(6) "Family" includes a single individual. |
| 314 | (7) "Handicap" means: |
| 315 | (a) A person has a physical or mental impairment which |
| 316 | substantially limits one or more major life activities, or he or |
| 317 | she has a record of having, or is regarded as having, such |
| 318 | physical or mental impairment; or |
| 319 | (b) A person has a developmental disability as defined in |
| 320 | s. 393.063. |
| 321 | (8) "Person" includes one or more individuals, |
| 322 | corporations, partnerships, associations, labor organizations, |
| 323 | legal representatives, mutual companies, joint-stock companies, |
| 324 | trusts, unincorporated organizations, trustees, trustees in |
| 325 | bankruptcy, receivers, and fiduciaries. |
| 326 | (9) "Substantially equivalent" means an administrative |
| 327 | subdivision of the State of Florida meeting the requirements of |
| 328 | 24 C.F.R. part 115, s. 115.6. |
| 329 | (10) "To rent" includes to lease, to sublease, to let, and |
| 330 | otherwise to grant for a consideration the right to occupy |
| 331 | premises not owned by the occupant. |
| 332 | Section 9. Subsections (1), (2), (3), (4), (5), (7), and |
| 333 | (8), paragraph (a) of subsection (9), and paragraphs (a) and (d) |
| 334 | of subsection (10) of section 760.23, Florida Statutes, are |
| 335 | amended to read: |
| 336 | 760.23 Discrimination in the sale or rental of housing and |
| 337 | other prohibited practices.-- |
| 338 | (1) It is unlawful to refuse to sell or rent after the |
| 339 | making of a bona fide offer, to refuse to negotiate for the sale |
| 340 | or rental of, or otherwise to make unavailable or deny a |
| 341 | dwelling to any person because of race, color, national origin, |
| 342 | sex, disability, sexual orientation, gender identity or |
| 343 | expression handicap, familial status, marital status, or |
| 344 | religion. |
| 345 | (2) It is unlawful to discriminate against any person in |
| 346 | the terms, conditions, or privileges of sale or rental of a |
| 347 | dwelling, or in the provision of services or facilities in |
| 348 | connection therewith, because of race, color, national origin, |
| 349 | sex, disability, sexual orientation, gender identity or |
| 350 | expression handicap, familial status, marital status, or |
| 351 | religion. |
| 352 | (3) It is unlawful to make, print, or publish, or cause to |
| 353 | be made, printed, or published, any notice, statement, or |
| 354 | advertisement with respect to the sale or rental of a dwelling |
| 355 | that indicates any preference, limitation, or discrimination |
| 356 | based on race, color, national origin, sex, disability, sexual |
| 357 | orientation, gender identity or expression handicap, familial |
| 358 | status, marital status, or religion or an intention to make any |
| 359 | such preference, limitation, or discrimination. |
| 360 | (4) It is unlawful to represent to any person because of |
| 361 | race, color, national origin, sex, disability, sexual |
| 362 | orientation, gender identity or expression handicap, familial |
| 363 | status, marital status, or religion that any dwelling is not |
| 364 | available for inspection, sale, or rental when such dwelling is |
| 365 | in fact so available. |
| 366 | (5) It is unlawful, for profit, to induce or attempt to |
| 367 | induce any person to sell or rent any dwelling by a |
| 368 | representation regarding the entry or prospective entry into the |
| 369 | neighborhood of a person or persons of a particular race, color, |
| 370 | national origin, sex, disability, sexual orientation, gender |
| 371 | identity or expression handicap, familial status, marital |
| 372 | status, or religion. |
| 373 | (7) It is unlawful to discriminate in the sale or rental |
| 374 | of, or to otherwise make unavailable or deny, a dwelling to any |
| 375 | buyer or renter because of a disability handicap of: |
| 376 | (a) That buyer or renter; |
| 377 | (b) A person residing in or intending to reside in that |
| 378 | dwelling after it is sold, rented, or made available; or |
| 379 | (c) Any person associated with the buyer or renter. |
| 380 | (8) It is unlawful to discriminate against any person in |
| 381 | the terms, conditions, or privileges of sale or rental of a |
| 382 | dwelling, or in the provision of services or facilities in |
| 383 | connection with such dwelling, because of a disability handicap |
| 384 | of: |
| 385 | (a) That buyer or renter; |
| 386 | (b) A person residing in or intending to reside in that |
| 387 | dwelling after it is sold, rented, or made available; or |
| 388 | (c) Any person associated with the buyer or renter. |
| 389 | (9) For purposes of subsections (7) and (8), |
| 390 | discrimination includes: |
| 391 | (a) A refusal to permit, at the expense of the disabled |
| 392 | handicapped person, reasonable modifications of existing |
| 393 | premises occupied or to be occupied by such person if such |
| 394 | modifications may be necessary to afford such person full |
| 395 | enjoyment of the premises; or |
| 396 | (10) Covered multifamily dwellings as defined herein which |
| 397 | are intended for first occupancy after March 13, 1991, shall be |
| 398 | designed and constructed to have at least one building entrance |
| 399 | on an accessible route unless it is impractical to do so because |
| 400 | of the terrain or unusual characteristics of the site as |
| 401 | determined by commission rule. Such buildings shall also be |
| 402 | designed and constructed in such a manner that: |
| 403 | (a) The public use and common use portions of such |
| 404 | dwellings are readily accessible to and usable by disabled |
| 405 | handicapped persons. |
| 406 | (d) Compliance with the appropriate requirements of the |
| 407 | American National Standards Institute for buildings and |
| 408 | facilities providing accessibility and usability for physically |
| 409 | disabled handicapped people, commonly cited as ANSI A117.1-1986, |
| 410 | suffices to satisfy the requirements of paragraph (c). |
| 411 |
|
| 412 | State agencies with building construction regulation |
| 413 | responsibility or local governments, as appropriate, shall |
| 414 | review the plans and specifications for the construction of |
| 415 | covered multifamily dwellings to determine consistency with the |
| 416 | requirements of this subsection. |
| 417 | Section 10. Section 760.24, Florida Statutes, is amended |
| 418 | to read: |
| 419 | 760.24 Discrimination in the provision of brokerage |
| 420 | services.--It is unlawful to deny any person access to, or |
| 421 | membership or participation in, any multiple-listing service, |
| 422 | real estate brokers' organization, or other service, |
| 423 | organization, or facility relating to the business of selling or |
| 424 | renting dwellings, or to discriminate against him or her in the |
| 425 | terms or conditions of such access, membership, or |
| 426 | participation, on account of race, color, national origin, sex, |
| 427 | disability, sexual orientation, gender identity or expression |
| 428 | handicap, familial status, marital status, or religion. |
| 429 | Section 11. Subsection (1) and paragraph (a) of subsection |
| 430 | (2) of section 760.25, Florida Statutes, are amended to read: |
| 431 | 760.25 Discrimination in the financing of housing or in |
| 432 | residential real estate transactions.-- |
| 433 | (1) It is unlawful for any bank, building and loan |
| 434 | association, insurance company, or other corporation, |
| 435 | association, firm, or enterprise the business of which consists |
| 436 | in whole or in part of the making of commercial real estate |
| 437 | loans to deny a loan or other financial assistance to a person |
| 438 | applying for the loan for the purpose of purchasing, |
| 439 | constructing, improving, repairing, or maintaining a dwelling, |
| 440 | or to discriminate against him or her in the fixing of the |
| 441 | amount, interest rate, duration, or other term or condition of |
| 442 | such loan or other financial assistance, because of the race, |
| 443 | color, national origin, sex, disability, sexual orientation, |
| 444 | gender identity or expression handicap, familial status, marital |
| 445 | status, or religion of such person or of any person associated |
| 446 | with him or her in connection with such loan or other financial |
| 447 | assistance or the purposes of such loan or other financial |
| 448 | assistance, or because of the race, color, national origin, sex, |
| 449 | disability, sexual orientation, gender identity or expression |
| 450 | handicap, familial status, marital status, or religion of the |
| 451 | present or prospective owners, lessees, tenants, or occupants of |
| 452 | the dwelling or dwellings in relation to which such loan or |
| 453 | other financial assistance is to be made or given. |
| 454 | (2)(a) It is unlawful for any person or entity whose |
| 455 | business includes engaging in residential real estate |
| 456 | transactions to discriminate against any person in making |
| 457 | available such a transaction, or in the terms or conditions of |
| 458 | such a transaction, because of race, color, national origin, |
| 459 | sex, disability, sexual orientation, gender identity or |
| 460 | expression handicap, familial status, marital status, or |
| 461 | religion. |
| 462 | Section 12. Section 760.26, Florida Statutes, is amended |
| 463 | to read: |
| 464 | 760.26 Prohibited discrimination in land use decisions and |
| 465 | in permitting of development.--It is unlawful to discriminate in |
| 466 | land use decisions or in the permitting of development based on |
| 467 | race, color, national origin, sex, sexual orientation, gender |
| 468 | identity or expression, disability, marital status, familial |
| 469 | status, religion, or, except as otherwise provided by law, the |
| 470 | source of financing of a development or proposed development. |
| 471 | Section 13. Paragraph (a) of subsection (5) of section |
| 472 | 760.29, Florida Statutes, is amended to read: |
| 473 | 760.29 Exemptions.-- |
| 474 | (5) Nothing in ss. 760.20-760.37: |
| 475 | (a) Prohibits a person engaged in the business of |
| 476 | furnishing appraisals of real property from taking into |
| 477 | consideration factors other than race, color, national origin, |
| 478 | sex, disability, sexual orientation, gender identity or |
| 479 | expression handicap, familial status, marital status, or |
| 480 | religion. |
| 481 | Section 14. Subsection (5) of section 760.31, Florida |
| 482 | Statutes, is amended to read: |
| 483 | 760.31 Powers and duties of commission.--The commission |
| 484 | shall: |
| 485 | (5) Adopt rules necessary to implement ss. 760.20-760.37 |
| 486 | and govern the proceedings of the commission in accordance with |
| 487 | chapter 120. Commission rules shall clarify terms used with |
| 488 | regard to disabled handicapped accessibility, exceptions from |
| 489 | accessibility requirements based on terrain or site |
| 490 | characteristics, and requirements related to housing for older |
| 491 | persons. Commission rules shall specify the fee and the forms |
| 492 | and procedures to be used for the registration required by s. |
| 493 | 760.29(4)(e). |
| 494 | Section 15. Subsection (2) of section 760.50, Florida |
| 495 | Statutes, is amended to read: |
| 496 | 760.50 Discrimination on the basis of AIDS, AIDS-related |
| 497 | complex, and HIV prohibited.-- |
| 498 | (2) Any person with or perceived as having acquired immune |
| 499 | deficiency syndrome, acquired immune deficiency syndrome related |
| 500 | complex, or human immunodeficiency virus shall have every |
| 501 | protection made available to disabled handicapped persons. |
| 502 | Section 16. Subsection (1) of section 760.60, Florida |
| 503 | Statutes, is amended to read: |
| 504 | 760.60 Discriminatory practices of certain clubs |
| 505 | prohibited; remedies.-- |
| 506 | (1) It is unlawful for a person to discriminate against |
| 507 | any individual because of race, color, religion, gender, |
| 508 | national origin, disability, sexual orientation, gender identity |
| 509 | or expression, familial status handicap, age above the age of |
| 510 | 21, or marital status in evaluating an application for |
| 511 | membership in a club that has more than 400 members, that |
| 512 | provides regular meal service, and that regularly receives |
| 513 | payment for dues, fees, use of space, facilities, services, |
| 514 | meals, or beverages directly or indirectly from nonmembers for |
| 515 | business purposes. It is unlawful for a person, on behalf of |
| 516 | such a club, to publish, circulate, issue, display, post, or |
| 517 | mail any advertisement, notice, or solicitation that contains a |
| 518 | statement to the effect that the accommodations, advantages, |
| 519 | facilities, membership, or privileges of the club are denied to |
| 520 | any individual because of race, color, religion, gender, |
| 521 | national origin, disability, sexual orientation, gender identity |
| 522 | or expression, familial status handicap, age above the age of |
| 523 | 21, or marital status. This subsection does not apply to |
| 524 | fraternal or benevolent organizations, ethnic clubs, or |
| 525 | religious organizations where business activity is not |
| 526 | prevalent. |
| 527 | Section 17. Paragraph (d) of subsection (1) of section |
| 528 | 419.001, Florida Statutes, is amended to read: |
| 529 | 419.001 Site selection of community residential homes.-- |
| 530 | (1) For the purposes of this section, the following |
| 531 | definitions shall apply: |
| 532 | (d) "Resident" means any of the following: a frail elder |
| 533 | as defined in s. 429.65; a physically disabled or handicapped |
| 534 | person as defined in s. 760.22(3)(7)(a); a developmentally |
| 535 | disabled person as defined in s. 393.063; a nondangerous |
| 536 | mentally ill person as defined in s. 394.455(18); or a child who |
| 537 | is found to be dependent or a child in need of services as |
| 538 | defined in s. 39.01(14), s. 984.03(9) or (12), or s. 985.03. |
| 539 | Section 18. This act shall take effect July 1, 2008. |