HB 1007

1	A bill to be entitled
2	An act relating to Florida Commission on Human Relations;
3	amending s. 760.01, F.S.; substituting the term
4	"disability" for the term "handicap"; amending s. 760.02,
5	F.S.; providing definitions; amending s. 760.05, F.S.;
6	substituting the term "disability" for the term
7	"handicap"; amending s. 760.06, F.S.; permitting the
8	commission to use any method of discovery authorized by
9	the Florida Rules of Civil Procedure in its proceedings;
10	specifying persons and entities that may receive technical
11	assistance from the commission; amending s. 760.07, F.S.;
12	substituting the terms "sex" and "disability" for the
13	terms "gender" and "handicap," respectively; amending s.
14	760.08, F.S.; substituting the term "disability" for the
15	term "handicap"; amending s. 760.10, F.S.; substituting
16	the term "disability" for the term "handicap"; clarifying
17	the terms "because of sex" or "on the basis of sex" as
18	used in specified provisions; amending s. 760.11, F.S.;
19	revising provisions relating to responses to complaints;
20	providing a time limit on the commencement of certain
21	actions; providing for the effect of election to file for
22	an administrative hearing in certain proceedings; creating
23	s. 760.12, F.S.; providing for the computation of time
24	periods prescribed in specified provisions; amending s.
25	760.22, F.S.; revising definitions; amending ss. 760.23,
26	760.24, and 760.25, F.S.; substituting the term
27	"disability" for the term "handicap"; amending s. 760.29,
28	F.S.; revising procedures and fees for facilities or
29	communities claiming exemption from specified provisions
30	as housing for older persons; substituting the term
31	"disability" for the term "handicap"; amending s. 760.31,
32	F.S.; substituting the term "disability" for the term
33	"handicap"; amending s. 760.32, F.S.; permitting the
34	commission to use any method of discovery authorized by
35	the Florida Rules of Civil Procedure in its proceedings;
36	amending s. 760.34, F.S.; revising provisions relating to
37	filing a response to a complaint; providing that, if the
38	commission determines that there is not reasonable cause
39	to believe that a discriminatory housing practice has
40	occurred, the commission shall dismiss the complaint;
41	providing for administrative hearings following such a
42	determination; amending s. 760.50, F.S.; substituting a
43	reference to persons with disabilities for a reference to
44	handicapped persons; amending s. 760.60, F.S.;
45	substituting the terms "sex" and "disability" for the
46	terms "gender" and "handicap," respectively; creating s.
47	760.13, F.S.; providing for a direct-support organization
48	for the commission; providing definitions; providing for a
49	board of directors; providing for a contract between the
50	organization and the commission; providing for use of
51	property and services; providing for activities of the
52	organization; providing for budgets and audits; providing
53	limits of the powers of the organization; authorizing
54	commission rulemaking concerning the organization;
55	amending s. 419.001, F.S.; correcting a cross-reference;
56	providing an effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Subsection (2) of section 760.01, Florida
61	Statutes, is amended to read:
62	760.01  Purposes; construction; title.--
63	(2)  The general purposes of the Florida Civil Rights Act
64	of 1992 are to secure for all individuals within the state
65	freedom from discrimination because of race, color, religion,
66	sex, national origin, age, disability handicap, or marital
67	status and thereby to protect their interest in personal
68	dignity, to make available to the state their full productive
69	capacities, to secure the state against domestic strife and
70	unrest, to preserve the public safety, health, and general
71	welfare, and to promote the interests, rights, and privileges of
72	individuals within the state.
73	Section 2.  Section 760.02, Florida Statutes, is amended to
74	read:
75	760.02  Definitions.--For the purposes of ss. 760.01-760.11
76	and 509.092, the term:
77	(1)(10)  "Aggrieved person" means any person who files a
78	complaint with the Human Relations Commission.
79	(2)  "Commission" means the Florida Commission on Human
80	Relations created by s. 760.03.
81	(3)  "Commissioner" or "member" means a member of the
82	commission.
83	(4)(a)  "Disability," with respect to an individual, means:
84	1.  A physical or mental impairment that substantially
85	limits one or more of the major life activities of such
86	individual;
87	2.  A record of such impairment;
88	3.  Being regarded as having such an impairment; or
89	4.  Having a developmental disability as defined in s.
90	393.063.
91	(b)  The term "disability" does not include transvestism,
92	transsexualism, pedophilia, exhibitionism, voyeurism, gender
93	identity disorders not resulting from physical impairments, or
94	other sexual behavior disorders; compulsive gambling,
95	kleptomania, or pyromania; or psychoactive substance use
96	disorders resulting from current use of illegal drugs.
97	(5)(4)  "Discriminatory practice" means any practice made
98	unlawful by the Florida Civil Rights Act of 1992.
99	(6)(7)  "Employer" means any person employing 15 or more
100	employees for each working day in each of 20 or more calendar
101	weeks in the current or preceding calendar year, and any agent
102	of such a person.
103	(7)(8)  "Employment agency" means any person regularly
104	undertaking, with or without compensation, to procure employees
105	for an employer or to procure for employees opportunities to
106	work for an employer, and includes an agent of such a person.
107	(8)(1)  "Florida Civil Rights Act of 1992" means ss.
108	760.01-760.11 and 509.092.
109	(9)  "Labor organization" means any organization which
110	exists for the purpose, in whole or in part, of collective
111	bargaining or of dealing with employers concerning grievances,
112	terms or conditions of employment, or other mutual aid or
113	protection in connection with employment.
114	(10)  "Major life activities" include, but are not limited
115	to:
116	(a)  Caring for one's self, performing manual tasks,
117	seeing, hearing, eating, sleeping, walking, standing, lifting,
118	bending, speaking, breathing, learning, reading, concentrating,
119	thinking, communicating, and working.
120	(b)  Operation of major bodily functions, including, but
121	not limited to, functions of the immune system; normal cell
122	growth; and digestive, bowel, bladder, neurological, brain,
123	respiratory, circulatory, endocrine, and reproductive functions.
124	(11)(5)  "National origin" includes ancestry.
125	(12)(6)  "Person" includes an individual, association,
126	corporation, joint apprenticeship committee, joint-stock
127	company, labor union, legal representative, mutual company,
128	partnership, receiver, trust, trustee in bankruptcy, or
129	unincorporated organization; any other legal or commercial
130	entity; the state; or any governmental entity or agency.
131	(13)(11)  "Public accommodations" means places of public
132	accommodation, lodgings, facilities principally engaged in
133	selling food for consumption on the premises, gasoline stations,
134	places of exhibition or entertainment, and other covered
135	establishments. Each of the following establishments which
136	serves the public is a place of public accommodation within the
137	meaning of this section:
138	(a)  Any inn, hotel, motel, or other establishment which
139	provides lodging to transient guests, other than an
140	establishment located within a building which contains not more
141	than four rooms for rent or hire and which is actually occupied
142	by the proprietor of such establishment as his or her residence.
143	(b)  Any restaurant, cafeteria, lunchroom, lunch counter,
144	soda fountain, or other facility principally engaged in selling
145	food for consumption on the premises, including, but not limited
146	to, any such facility located on the premises of any retail
147	establishment, or any gasoline station.
148	(c)  Any motion picture theater, theater, concert hall,
149	sports arena, stadium, or other place of exhibition or
150	entertainment.
151	(d)  Any establishment which is physically located within
152	the premises of any establishment otherwise covered by this
153	subsection, or within the premises of which is physically
154	located any such covered establishment, and which holds itself
155	out as serving patrons of such covered establishment.
156	(14)  "Substantially limits" means to materially restrict
157	an individual's ability to perform an activity.
158	(15)(a)  "Transitory or minor impairment" is any impairment
159	with an actual, apparent, or expected duration of 6 months or
160	less. An impairment that limits one major life activity need not
161	limit other major life activities in order to be considered a
162	disability.
163	(b)  An individual meets the requirement of being regarded
164	as having such an impairment if the individual establishes that
165	he or she has been subjected to an action prohibited under ss.
166	760.01-760.11 or 509.092 because of an actual or perceived
167	physical or mental impairment, whether or not the impairment
168	limits or is perceived to limit a major life activity. An
169	individual shall not be deemed to be disabled for an impairment
170	that is transitory and minor. An impairment that is episodic or
171	in remission is a disability if it would substantially limit a
172	major life activity when such impairment is active or not in
173	remission. The determination of whether an impairment
174	substantially limits a major life activity shall be made without
175	regard to the ameliorative effects of mitigating measures such
176	as:
177	1.  Medication, medical supplies, equipment, or appliances;
178	low-vision devices, not including ordinary eyeglasses or contact
179	lenses; prosthetics, including artificial limbs and devices;
180	hearing aids and cochlear implants or other implantable hearing
181	devices; mobility devices; or oxygen-therapy equipment and
182	supplies.
183	2.  Use of assistive technology; reasonable accommodations
184	or auxiliary aids or services, which include qualified
185	interpreters or other effective measures of making aurally
186	delivered materials available to individuals with hearing
187	impairments, qualified readers, taped texts, or other effective
188	methods of making visually delivered materials available to
189	individuals with visual impairments; acquisition or modification
190	of equipment and devices and other similar services and actions;
191	or learned behavioral or adaptive neurological modifications.
192	Section 3.  Section 760.05, Florida Statutes, is amended to
193	read:
194	760.05  Functions of the commission.--The commission shall
195	promote and encourage fair treatment and equal opportunity for
196	all persons regardless of race, color, religion, sex, national
197	origin, age, disability handicap, or marital status and mutual
198	understanding and respect among all members of all economic,
199	social, racial, religious, and ethnic groups; and shall endeavor
200	to eliminate discrimination against, and antagonism between,
201	religious, racial, and ethnic groups and their members.
202	Section 4.  Subsections (6) and (8) of section 760.06,
203	Florida Statutes, are amended to read:
204	760.06  Powers of the commission.--Within the limitations
205	provided by law, the commission shall have the following powers:
206	(6)  To issue subpoenas for, administer oaths or
207	affirmations to, and compel the attendance and testimony of
208	witnesses or to issue subpoenas for and compel the production of
209	books, papers, records, documents, and other evidence pertaining
210	to any investigation or hearing convened pursuant to the powers
211	of the commission; or to use any other method of discovery
212	authorized by the Florida Rules of Civil Procedure. In
213	conducting an investigation, the commission and its
214	investigators shall have access at all reasonable times to
215	premises, records, documents, and other evidence or possible
216	sources of evidence and may examine, record, and copy such
217	materials and take and record the testimony or statements of
218	such persons as are reasonably necessary for the furtherance of
219	the investigation. The authority to issue subpoenas and
220	administer oaths may be delegated by the commission, for
221	investigations or hearings, to a commissioner or the executive
222	director. In the case of a refusal to obey a subpoena or comply
223	with any other method of discovery authorized by the Florida
224	Civil Rules of Procedure issued to any person, the commission
225	may make application to any circuit court of this state, which
226	shall have jurisdiction to order the witness to appear before
227	the commission to give testimony and to produce evidence
228	concerning the matter in question. Failure to obey the court's
229	order may be punished by the court as contempt. If the court
230	enters an order holding a person in contempt or compelling the
231	person to comply with the commission's order or subpoena, the
232	court shall order the person to pay the commission reasonable
233	expenses, including reasonable attorneys' fees, accrued by the
234	commission in obtaining the order from the court.
235	(8)  To furnish technical assistance to employees,
236	employers, community leaders, school officials, and other groups
237	and individuals requested by persons to facilitate progress in
238	human relations.
239	Section 5.  Section 760.07, Florida Statutes, is amended to
240	read:
241	760.07  Remedies for unlawful discrimination.--Any
242	violation of any Florida statute making unlawful discrimination
243	because of race, color, religion, sex gender, national origin,
244	age, disability handicap, or marital status in the areas of
245	education, employment, housing, or public accommodations gives
246	rise to a cause of action for all relief and damages described
247	in s. 760.11(5), unless greater damages are expressly provided
248	for. If the statute prohibiting unlawful discrimination provides
249	an administrative remedy, the action for equitable relief and
250	damages provided for in this section may be initiated only after
251	the plaintiff has exhausted his or her administrative remedy.
252	The term "public accommodations" does not include lodge halls or
253	other similar facilities of private organizations which are made
254	available for public use occasionally or periodically. The right
255	to trial by jury is preserved in any case in which the plaintiff
256	is seeking actual or punitive damages.
257	Section 6.  Section 760.08, Florida Statutes, is amended to
258	read:
259	760.08  Discrimination in places of public
260	accommodation.--All persons shall be entitled to the full and
261	equal enjoyment of the goods, services, facilities, privileges,
262	advantages, and accommodations of any place of public
263	accommodation, as defined in this chapter, without
264	discrimination or segregation on the ground of race, color,
265	national origin, sex, disability handicap, familial status, or
266	religion.
267	Section 7.  Subsections (1), (2), (3), (4), (5), and (6)
268	and paragraph (a) of subsection (8) of section 760.10, Florida
269	Statutes, are amended, subsection (10) is renumbered as
270	subsection (11), and a new subsection (10) is added to that
271	section, to read:
272	760.10  Unlawful employment practices.--
273	(1)  It is an unlawful employment practice for an employer:
274	(a)  To discharge or to fail or refuse to hire any
275	individual, or otherwise to discriminate against any individual
276	with respect to compensation, terms, conditions, or privileges
277	of employment, because of such individual's race, color,
278	religion, sex, national origin, age, disability handicap, or
279	marital status.
280	(b)  To limit, segregate, or classify employees or
281	applicants for employment in any way which would deprive or tend
282	to deprive any individual of employment opportunities, or
283	adversely affect any individual's status as an employee, because
284	of such individual's race, color, religion, sex, national
285	origin, age, disability handicap, or marital status.
286	(2)  It is an unlawful employment practice for an
287	employment agency to fail or refuse to refer for employment, or
288	otherwise to discriminate against, any individual because of
289	race, color, religion, sex, national origin, age, disability
290	handicap, or marital status or to classify or refer for
291	employment any individual on the basis of race, color, religion,
292	sex, national origin, age, disability handicap, or marital
293	status.
294	(3)  It is an unlawful employment practice for a labor
295	organization:
296	(a)  To exclude or to expel from its membership, or
297	otherwise to discriminate against, any individual because of
298	race, color, religion, sex, national origin, age, disability
299	handicap, or marital status.
300	(b)  To limit, segregate, or classify its membership or
301	applicants for membership, or to classify or fail or refuse to
302	refer for employment any individual, in any way which would
303	deprive or tend to deprive any individual of employment
304	opportunities, or adversely affect any individual's status as an
305	employee or as an applicant for employment, because of such
306	individual's race, color, religion, sex, national origin, age,
307	disability handicap, or marital status.
308	(c)  To cause or attempt to cause an employer to
309	discriminate against an individual in violation of this section.
310	(4)  It is an unlawful employment practice for any
311	employer, labor organization, or joint labor-management
312	committee controlling apprenticeship or other training or
313	retraining, including on-the-job training programs, to
314	discriminate against any individual because of race, color,
315	religion, sex, national origin, age, disability handicap, or
316	marital status in admission to, or employment in, any program
317	established to provide apprenticeship or other training.
318	(5)  Whenever, in order to engage in a profession,
319	occupation, or trade, it is required that a person receive a
320	license, certification, or other credential, become a member or
321	an associate of any club, association, or other organization, or
322	pass any examination, it is an unlawful employment practice for
323	any person to discriminate against any other person seeking such
324	license, certification, or other credential, seeking to become a
325	member or associate of such club, association, or other
326	organization, or seeking to take or pass such examination,
327	because of such other person's race, color, religion, sex,
328	national origin, age, disability handicap, or marital status.
329	(6)  It is an unlawful employment practice for an employer,
330	labor organization, employment agency, or joint labor-management
331	committee to print, or cause to be printed or published, any
332	notice or advertisement relating to employment, membership,
333	classification, referral for employment, or apprenticeship or
334	other training, indicating any preference, limitation,
335	specification, or discrimination, based on race, color,
336	religion, sex, national origin, age, absence of disability
337	handicap, or marital status.
338	(8)  Notwithstanding any other provision of this section,
339	it is not an unlawful employment practice under ss. 760.01-
340	760.10 for an employer, employment agency, labor organization,
341	or joint labor-management committee to:
342	(a)  Take or fail to take any action on the basis of
343	religion, sex, national origin, age, disability handicap, or
344	marital status in those certain instances in which religion,
345	sex, national origin, age, absence of a particular disability
346	handicap, or marital status is a bona fide occupational
347	qualification reasonably necessary for the performance of the
348	particular employment to which such action or inaction is
349	related.
350	(10)  As used in this section, the terms "because of sex"
351	or "on the basis of sex" include, but are not limited to,
352	because of or on the basis of pregnancy, childbirth, or any
353	medical condition related to pregnancy or childbirth. Women
354	affected by pregnancy, childbirth, or any medical condition
355	related to pregnancy or childbirth shall be treated the same for
356	all employment-related purposes as other persons not so affected
357	but similar in their ability or inability to work, and this
358	section may not be interpreted to permit otherwise.
359	Section 8.  Subsections (1), (3), and (8) of section
360	760.11, Florida Statutes, are amended, subsection (16) is added
361	to that section, and, for purposes of incorporating the
362	amendments to section 760.10, Florida Statutes, in a reference
363	thereto, subsection (15) of section 760.11, Florida Statutes, is
364	reenacted, to read:
365	760.11  Administrative and civil remedies; construction.--
366	(1)  Any person aggrieved by a violation of ss. 760.01-
367	760.10 may file a complaint with the commission within 365 days
368	of the alleged violation, naming the employer, employment
369	agency, labor organization, or joint labor-management committee,
370	or, in the case of an alleged violation of s. 760.10(5), the
371	person responsible for the violation and describing the
372	violation. Any person aggrieved by a violation of s. 509.092 may
373	file a complaint with the commission within 365 days of the
374	alleged violation naming the person responsible for the
375	violation and describing the violation. The commission, a
376	commissioner, or the Attorney General may in like manner file
377	such a complaint. On the same day the complaint is filed with
378	the commission, the commission shall clearly stamp on the face
379	of the complaint the date the complaint was filed with the
380	commission. In lieu of filing the complaint with the commission,
381	a complaint under this section may be filed with the federal
382	Equal Employment Opportunity Commission or with any unit of
383	government of the state which is a fair-employment-practice
384	agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the
385	complaint is filed is clearly stamped on the face of the
386	complaint, that date is the date of filing. The date the
387	complaint is filed with the commission for purposes of this
388	section is the earliest date of filing with the Equal Employment
389	Opportunity Commission, the fair-employment-practice agency, or
390	the commission. The complaint shall contain a short and plain
391	statement of the facts describing the violation and the relief
392	sought. The commission may require additional information to be
393	in the complaint. The commission, within 5 days of the complaint
394	being filed, shall provide by registered mail send a copy of the
395	complaint to the person who allegedly committed the violation.
396	The person who allegedly committed the violation shall respond,
397	in writing, to the commission and shall also send a copy of such
398	response to the aggrieved person may file an answer to the
399	complaint within 21 25 days after the Notice of Filing Complaint
400	of the date the complaint was filed with the commission. Any
401	answer filed shall be mailed to the aggrieved person by the
402	person filing the answer. Both the complaint and the response
403	answer shall be verified.
404	(3)  Except as provided in subsection (2), the commission
405	shall investigate the allegations in the complaint. Within 180
406	days of the filing of the complaint, the commission shall
407	determine if there is reasonable cause to believe that
408	discriminatory practice has occurred in violation of the Florida
409	Civil Rights Act of 1992. When the commission determines whether
410	or not there is reasonable cause, the commission by registered
411	mail shall promptly notify the aggrieved person and the
412	respondent of the reasonable cause determination, the date of
413	such determination, and the options available under this
414	section.
415	(8)  In the event that the commission fails to conciliate
416	or determine whether there is reasonable cause on any complaint
417	under this section within 180 days of the filing of the
418	complaint, an aggrieved person may proceed under subsection (4),
419	as if the commission determined that there was reasonable cause,
420	except that any civil action filed under this section shall be
421	commenced no later than 4 years after the date the cause of
422	action accrued.
423	(15)  In any civil action or administrative proceeding
424	brought pursuant to this section, a finding that a person
425	employed by the state or any governmental entity or agency has
426	violated s. 760.10 shall as a matter of law constitute just or
427	substantial cause for such person's discharge.
428	(16)  In the event that any party to a complaint filed
429	pursuant to this section elects to file for an administrative
430	hearing pursuant to s. 120.569 or s. 120.57, or any similar
431	provision, the sending of the election by the commission under
432	paragraph (4)(b) and subsections (6), (7), and (8) may not be
433	construed as making the commission a party, a transmitting
434	agency, an initiating agency, or a referral agency under s.
435	120.569, and the commission is not liable for any costs, fees,
436	expenses, including court reporting or recordation fees
437	associated with the proceeding to which it is not a party. This
438	subsection does not apply to any action where the commission
439	initiates or is a party to an administrative hearing.
440	Section 9.  Section 760.12, Florida Statutes, is created to
441	read:
442	760.12  Computation of time.--In computing any period of
443	time prescribed in this chapter, the day of the act, event, or
444	default from which the designated period of time begins to run
445	shall not be included. The last day of the period so computed
446	shall be included unless it is a Saturday, Sunday, or legal
447	state holiday, in which event the period shall run until the end
448	of the next day which is not a Saturday, Sunday, or legal state
449	holiday. When the period of time prescribed or allowed is less
450	than 7 days, intermediate Saturdays, Sundays, and legal state
451	holidays shall be excluded in the computation.
452	Section 10.  Section 760.22, Florida Statutes, is amended
453	to read:
454	760.22  Definitions.--As used in ss. 760.20-760.37, the
455	term:
456	(1)  "Commission" means the Florida Commission on Human
457	Relations.
458	(2)  "Covered multifamily dwelling" means:
459	(a)  A building which consists of four or more units and
460	has an elevator; or
461	(b)  The ground floor units of a building which consists of
462	four or more units and does not have an elevator.
463	(3)  "Disability" shall have the same meaning as provided
464	in s. 760.02.
465	(4)(3)  "Discriminatory housing practice" means an act that
466	is unlawful under the terms of ss. 760.20-760.37.
467	(5)(4)  "Dwelling" means any building or structure, or
468	portion thereof, which is occupied as, or designed or intended
469	for occupancy as, a residence by one or more families, and any
470	vacant land which is offered for sale or lease for the
471	construction or location on the land of any such building or
472	structure, or portion thereof.
473	(6)(5)  "Familial status" is established when an individual
474	who has not attained the age of 18 years is domiciled with:
475	(a)  A parent or other person having legal custody of such
476	individual; or
477	(b)  A designee of a parent or other person having legal
478	custody, with the written permission of such parent or other
479	person.
480	(7)(6)  "Family" includes a single individual.
481	(8)  "Major life activities" shall have the same meaning as
482	provided in s. 760.02.
483	(7)  "Handicap" means:
484	(a)  A person has a physical or mental impairment which
485	substantially limits one or more major life activities, or he or
486	she has a record of having, or is regarded as having, such
487	physical or mental impairment; or
488	(b)  A person has a developmental disability as defined in
489	s. 393.063.
490	(9)(8)  "Person" includes one or more individuals,
491	corporations, partnerships, associations, labor organizations,
492	legal representatives, mutual companies, joint-stock companies,
493	trusts, unincorporated organizations, trustees, trustees in
494	bankruptcy, receivers, and fiduciaries.
495	(10)(9)  "Substantially equivalent" means an administrative
496	subdivision of the State of Florida meeting the requirements of
497	24 C.F.R. part 115, s. 115.6.
498	(11)  "Substantially limits" shall have the meaning as
499	provided in s. 760.02.
500	(12)(10)  "To rent" includes to lease, to sublease, to let,
501	and otherwise to grant for a consideration the right to occupy
502	premises not owned by the occupant.
503	(13)  "Transitory or minor impairment" shall have the
504	meaning as provided in s. 760.02.
505	Section 11.  Section 760.23, Florida Statutes, is amended
506	to read:
507	760.23  Discrimination in the sale or rental of housing and
508	other prohibited practices.--
509	(1)  It is unlawful to refuse to sell or rent after the
510	making of a bona fide offer, to refuse to negotiate for the sale
511	or rental of, or otherwise to make unavailable or deny a
512	dwelling to any person because of race, color, national origin,
513	sex, disability handicap, familial status, or religion.
514	(2)  It is unlawful to discriminate against any person in
515	the terms, conditions, or privileges of sale or rental of a
516	dwelling, or in the provision of services or facilities in
517	connection therewith, because of race, color, national origin,
518	sex, disability handicap, familial status, or religion.
519	(3)  It is unlawful to make, print, or publish, or cause to
520	be made, printed, or published, any notice, statement, or
521	advertisement with respect to the sale or rental of a dwelling
522	that indicates any preference, limitation, or discrimination
523	based on race, color, national origin, sex, disability handicap,
524	familial status, or religion or an intention to make any such
525	preference, limitation, or discrimination.
526	(4)  It is unlawful to represent to any person because of
527	race, color, national origin, sex, disability handicap, familial
528	status, or religion that any dwelling is not available for
529	inspection, sale, or rental when such dwelling is in fact so
530	available.
531	(5)  It is unlawful, for profit, to induce or attempt to
532	induce any person to sell or rent any dwelling by a
533	representation regarding the entry or prospective entry into the
534	neighborhood of a person or persons of a particular race, color,
535	national origin, sex, disability handicap, familial status, or
536	religion.
537	(6)  The protections afforded under ss. 760.20-760.37
538	against discrimination on the basis of familial status apply to
539	any person who is pregnant or is in the process of securing
540	legal custody of any individual who has not attained the age of
541	18 years.
542	(7)  It is unlawful to discriminate in the sale or rental
543	of, or to otherwise make unavailable or deny, a dwelling to any
544	buyer or renter because of a disability handicap of:
545	(a)  That buyer or renter;
546	(b)  A person residing in or intending to reside in that
547	dwelling after it is sold, rented, or made available; or
548	(c)  Any person associated with the buyer or renter.
549	(8)  It is unlawful to discriminate against any person in
550	the terms, conditions, or privileges of sale or rental of a
551	dwelling, or in the provision of services or facilities in
552	connection with such dwelling, because of a disability handicap
553	of:
554	(a)  That buyer or renter;
555	(b)  A person residing in or intending to reside in that
556	dwelling after it is sold, rented, or made available; or
557	(c)  Any person associated with the buyer or renter.
558	(9)  For purposes of subsections (7) and (8),
559	discrimination includes:
560	(a)  A refusal to permit, at the expense of the handicapped
561	person with a disability, reasonable modifications of existing
562	premises occupied or to be occupied by such person if such
563	modifications may be necessary to afford such person full
564	enjoyment of the premises; or
565	(b)  A refusal to make reasonable accommodations in rules,
566	policies, practices, or services, when such accommodations may
567	be necessary to afford such person equal opportunity to use and
568	enjoy a dwelling.
569	(10)  Covered multifamily dwellings as defined herein which
570	are intended for first occupancy after March 13, 1991, shall be
571	designed and constructed to have at least one building entrance
572	on an accessible route unless it is impractical to do so because
573	of the terrain or unusual characteristics of the site as
574	determined by commission rule. Such buildings shall also be
575	designed and constructed in such a manner that:
576	(a)  The public use and common use portions of such
577	dwellings are readily accessible to and usable by handicapped
578	persons with disabilities.
579	(b)  All doors designed to allow passage into and within
580	all premises within such dwellings are sufficiently wide to
581	allow passage by a person in a wheelchair.
582	(c)  All premises within such dwellings contain the
583	following features of adaptive design:
584	1.  An accessible route into and through the dwelling.
585	2.  Light switches, electrical outlets, thermostats, and
586	other environmental controls in accessible locations.
587	3.  Reinforcements in bathroom walls to allow later
588	installation of grab bars.
589	4.  Usable kitchens and bathrooms such that a person in a
590	wheelchair can maneuver about the space.
591	(d)  Compliance with the appropriate requirements of the
592	American National Standards Institute for buildings and
593	facilities providing accessibility and usability for persons
594	with disabilities physically handicapped people, commonly cited
595	as ANSI A117.1-1986, suffices to satisfy the requirements of
596	paragraph (c).
597
598	State agencies with building construction regulation
599	responsibility or local governments, as appropriate, shall
600	review the plans and specifications for the construction of
601	covered multifamily dwellings to determine consistency with the
602	requirements of this subsection.
603	Section 12.  Section 760.24, Florida Statutes, is amended
604	to read:
605	760.24  Discrimination in the provision of brokerage
606	services.--It is unlawful to deny any person access to, or
607	membership or participation in, any multiple-listing service,
608	real estate brokers' organization, or other service,
609	organization, or facility relating to the business of selling or
610	renting dwellings, or to discriminate against him or her in the
611	terms or conditions of such access, membership, or
612	participation, on account of race, color, national origin, sex,
613	disability handicap, familial status, or religion.
614	Section 13.  Section 760.25, Florida Statutes, is amended
615	to read:
616	760.25  Discrimination in the financing of housing or in
617	residential real estate transactions.--
618	(1)  It is unlawful for any bank, building and loan
619	association, insurance company, or other corporation,
620	association, firm, or enterprise the business of which consists
621	in whole or in part of the making of commercial real estate
622	loans to deny a loan or other financial assistance to a person
623	applying for the loan for the purpose of purchasing,
624	constructing, improving, repairing, or maintaining a dwelling,
625	or to discriminate against him or her in the fixing of the
626	amount, interest rate, duration, or other term or condition of
627	such loan or other financial assistance, because of the race,
628	color, national origin, sex, disability handicap, familial
629	status, or religion of such person or of any person associated
630	with him or her in connection with such loan or other financial
631	assistance or the purposes of such loan or other financial
632	assistance, or because of the race, color, national origin, sex,
633	disability handicap, familial status, or religion of the present
634	or prospective owners, lessees, tenants, or occupants of the
635	dwelling or dwellings in relation to which such loan or other
636	financial assistance is to be made or given.
637	(2)(a)  It is unlawful for any person or entity whose
638	business includes engaging in residential real estate
639	transactions to discriminate against any person in making
640	available such a transaction, or in the terms or conditions of
641	such a transaction, because of race, color, national origin,
642	sex, disability handicap, familial status, or religion.
643	(b)  As used in this subsection, the term "residential real
644	estate transaction" means any of the following:
645	1.  The making or purchasing of loans or providing other
646	financial assistance:
647	a.  For purchasing, constructing, improving, repairing, or
648	maintaining a dwelling; or
649	b.  Secured by residential real estate.
650	2.  The selling, brokering, or appraising of residential
651	real property.
652	Section 14.  Paragraph (e) of subsection (4) and paragraph
653	(a) of subsection (5) of section 760.29, Florida Statutes, are
654	amended to read:
655	760.29  Exemptions.--
656	(4)
657	(e)  A facility or community claiming an exemption under
658	this subsection shall register with the commission by submitting
659	to the commission a copy of its recorded documents establishing
660	the facility or community for housing for older persons and
661	submit a letter to the commission stating that the facility or
662	community complies with the requirements of subparagraph (b)1.,
663	subparagraph (b)2., or subparagraph (b)3. The letter shall be
664	submitted on the letterhead of the facility or community and
665	shall be signed by the president of the facility or community.
666	This registration and documentation shall be renewed biennially
667	from the date of original filing. The information in the
668	registry shall be made available to the public, and the
669	commission shall include this information on an Internet
670	website. The commission may charge establish a reasonable
671	registration fee of $75, which not to exceed $20, that shall be
672	deposited into the commission's trust fund to defray the
673	administrative costs associated with maintaining the registry.
674	The commission may impose an administrative fine, not to exceed
675	$500, on a facility or community that fails to register or renew
676	its registration with the commission or that knowingly submits
677	false information in the documentation required by this
678	paragraph. Such fines shall be deposited in the commission's
679	trust fund. The registration and documentation required by this
680	paragraph shall not substitute for proof of compliance with the
681	requirements of this subsection. Failure to comply with the
682	requirements of this paragraph shall not disqualify a facility
683	or community that otherwise qualifies for the exemption provided
684	in this subsection.
685
686	A county or municipal ordinance regarding housing for older
687	persons may not contravene the provisions of this subsection.
688	(5)  Nothing in ss. 760.20-760.37:
689	(a)  Prohibits a person engaged in the business of
690	furnishing appraisals of real property from taking into
691	consideration factors other than race, color, national origin,
692	sex, disability handicap, familial status, or religion.
693	Section 15.  Subsection (5) of section 760.31, Florida
694	Statutes, is amended to read:
695	760.31  Powers and duties of commission.--The commission
696	shall:
697	(5)  Adopt rules necessary to implement ss. 760.20-760.37
698	and govern the proceedings of the commission in accordance with
699	chapter 120. Commission rules shall clarify terms used with
700	regard to disabled handicapped accessibility, exceptions from
701	accessibility requirements based on terrain or site
702	characteristics, and requirements related to housing for older
703	persons. Commission rules shall specify the fee and the forms
704	and procedures to be used for the registration required by s.
705	760.29(4)(e).
706	Section 16.  Subsection (1) of section 760.32, Florida
707	Statutes, is amended to read:
708	760.32  Investigations; subpoenas; oaths.--
709	(1)  In conducting an investigation, the commission shall
710	have access at all reasonable times to premises, records,
711	documents, individuals, and other evidence or possible sources
712	of evidence and may examine, record, and copy such materials and
713	take and record the testimony or statements of such persons as
714	are reasonably necessary for the furtherance of the
715	investigation, provided the commission first complies with the
716	provisions of the State Constitution relating to unreasonable
717	searches and seizures. The commission may issue subpoenas to
718	compel its access to or the production of such materials or the
719	appearance of such persons, and may issue interrogatories to a
720	respondent, to the same extent and subject to the same
721	limitations as would apply if the subpoenas or interrogatories
722	were issued or served in aid of a civil action in court, and may
723	use any other method of discovery authorized by the Florida
724	Rules of Civil Procedure. The commission may administer oaths.
725	Section 17.  Subsections (2) and (4) of section 760.34,
726	Florida Statutes, are amended to read:
727	760.34  Enforcement.--
728	(2)  A complaint under subsection (1) must be filed within
729	1 year after the alleged discriminatory housing practice
730	occurred. The complaint must be in writing and shall state the
731	facts upon which the allegations of a discriminatory housing
732	practice are based. A complaint may be reasonably and fairly
733	amended at any time. A respondent shall may file a response an
734	answer to the complaint against him or her and, with the leave
735	of the commission, which shall be granted whenever it would be
736	reasonable and fair to do so, may amend his or her response
737	answer at any time. Both complaint and response answer shall be
738	verified.
739	(4)  If, within 180 days after a complaint is filed with
740	the commission or within 180 days after expiration of any period
741	of reference under subsection (3), the commission has been
742	unable to obtain voluntary compliance with ss. 760.20-760.37,
743	the person aggrieved may commence a civil action in any
744	appropriate court against the respondent named in the complaint
745	or petition for an administrative determination pursuant to s.
746	760.35 to enforce the rights granted or protected by ss. 760.20-
747	760.37.
748	(a)  If, as a result of its investigation under subsection
749	(1), the commission finds there is reasonable cause to believe
750	that a discriminatory housing practice has occurred, at the
751	request of the person aggrieved, the Attorney General shall
752	bring an action in the name of the state on behalf of the
753	aggrieved person to enforce the provisions of ss. 760.20-760.37.
754	(b)  If the commission determines that there is not
755	reasonable cause to believe that a discriminatory housing
756	practice has occurred, the commission shall dismiss the
757	complaint. The aggrieved person may request an administrative
758	hearing under ss. 120.569 and 120.57, but any such request must
759	be made within 30 days after the service of the notice of the
760	determination of no reasonable cause and any such hearing shall
761	be heard by an administrative law judge and not by the
762	commission or a commissioner. If the aggrieved person does not
763	request an administrative hearing within 30 days, the claim
764	shall be barred. If the administrative law judge finds that a
765	discriminatory housing practice has occurred, he or she shall
766	issue an appropriate recommended order to the commission. Within
767	90 days after the date the recommended order is rendered, the
768	commission shall issue a final order by adopting, rejecting, or
769	modifying the recommended order as provided under ss. 120.569
770	and 120.57. The 90-day period may be extended with the consent
771	of all parties. In any action or proceeding under this
772	subsection, the commission, in its discretion, may allow the
773	prevailing party reasonable attorney's fees as part of the
774	costs. It is the intent of the Legislature that this provision
775	for attorney's fees be interpreted in a manner consistent with
776	federal case law involving a Title VII action. In the event the
777	final order issued by the commission determines that a
778	discriminatory housing practice has occurred, the aggrieved
779	person may:
780	1.  Request the Attorney General to bring an action in the
781	name of the state on behalf of the aggrieved person to enforce
782	the provisions of ss. 760.20-760.37; or
783	2.  Proceed with the case pursuant to subsection (5),
784	subsection (6), or subsection (7) as if there has been a
785	reasonable cause determination.
786	Section 18.  Subsection (2) of section 760.50, Florida
787	Statutes, is amended to read:
788	760.50  Discrimination on the basis of AIDS, AIDS-related
789	complex, and HIV prohibited.--
790	(2)  Any person with or perceived as having acquired immune
791	deficiency syndrome, acquired immune deficiency syndrome related
792	complex, or human immunodeficiency virus shall have every
793	protection made available to handicapped persons with
794	disabilities.
795	Section 19.  Subsection (1) of section 760.60, Florida
796	Statutes, is amended to read:
797	760.60  Discriminatory practices of certain clubs
798	prohibited; remedies.--
799	(1)  It is unlawful for a person to discriminate against
800	any individual because of race, color, religion, sex gender,
801	national origin, disability handicap, age above the age of 21,
802	or marital status in evaluating an application for membership in
803	a club that has more than 400 members, that provides regular
804	meal service, and that regularly receives payment for dues,
805	fees, use of space, facilities, services, meals, or beverages
806	directly or indirectly from nonmembers for business purposes. It
807	is unlawful for a person, on behalf of such a club, to publish,
808	circulate, issue, display, post, or mail any advertisement,
809	notice, or solicitation that contains a statement to the effect
810	that the accommodations, advantages, facilities, membership, or
811	privileges of the club are denied to any individual because of
812	race, color, religion, sex gender, national origin, disability
813	handicap, age above the age of 21, or marital status. This
814	subsection does not apply to fraternal or benevolent
815	organizations, ethnic clubs, or religious organizations where
816	business activity is not prevalent.
817	Section 20.  Section 760.13, Florida Statutes, is created
818	to read:
819	760.13  Florida Commission on Human Relations; direct-
820	support organization.--
821	(1)  DIRECT-SUPPORT ORGANIZATION ESTABLISHED.--The
822	commission may establish a direct-support organization to
823	provide assistance, funding, and support for the commission in
824	carrying out its mission. This section governs the creation,
825	use, powers, and duties of the direct-support organization.
826	(2)  DEFINITIONS.--As used in this section, the term:
827	(a)  "Commission" means the Florida Commission on Human
828	Relations created by s. 760.03.
829	(b)  "Direct-support organization" means an organization
830	that is:
831	1.  A Florida corporation not for profit, incorporated
832	under the provisions of chapter 617 and approved by the
833	Department of State. The organization is exempt from filing fees
834	under s. 617.0122.
835	(c)  "Personal services" includes full-time or part-time
836	personnel.
837	(3)  POWERS AND PURPOSES.--The direct-support organization:
838	(a)  Shall be organized and operated exclusively to obtain
839	funds; request and receive grants, gifts, and bequests of
840	moneys; acquire, receive, hold, invest, and administer, in its
841	own name, securities, funds, or property; and make expenditures
842	to or for the direct or indirect benefit of the commission in
843	its efforts to:
844	1.  Promote and encourage fair treatment and equal
845	opportunity for all persons regardless of race, color, religion,
846	sex, national origin, age, disability, or marital or familial
847	status;
848	2.  Encourage mutual understanding and respect among all
849	members of all economic, social, racial, religious, and ethnic
850	groups; and
851	3.  Endeavor to eliminate discrimination against, and
852	antagonism between, religious, racial, and ethnic groups and
853	their members.
854	(b)  Shall be authorized to receive donations, funds, and
855	grants from any public or private entity for which the
856	commission does not have regulatory authority under this
857	chapter.
858	(c)  Must be operated in a manner consistent with the goals
859	and purposes of the commission and in the best interest of the
860	state as determined by the commission.
861	(4)  BOARD OF DIRECTORS.--The direct-support organization
862	shall be governed by a board of directors.
863	(a)  The board of directors shall consist of no fewer than
864	three members or more than five members appointed by the
865	executive director of the commission.
866	(b)  The term of office of the board members shall be 3
867	years, except that the terms of the initial appointees shall be
868	for 1 year, 2 years, or 3 years in order to achieve staggered
869	terms. A member may be reappointed when his or her term expires.
870	The executive director of the commission or his or her designee
871	shall serve as an ex officio member of the board of directors.
872	(c)  Members must be current residents of this state and
873	must be knowledgeable about human and civil rights. The
874	executive director of the commission may remove any member of
875	the board for cause and with the approval of a majority of the
876	membership of the board of directors. The executive director of
877	the commission shall appoint a replacement for any vacancy that
878	occurs.
879	(5)  CONTRACT.--The direct-support organization shall
880	operate under a written contract with the commission. The
881	written contract must provide for:
882	(a)  Submission of an annual budget for approval by the
883	executive director of the commission.
884	(b)  Certification by the commission that the direct-
885	support organization is complying with the terms of the contract
886	and is doing so consistent with the goals and purposes of the
887	commission and in the best interests of the state. This
888	certification must be made annually and reported in the official
889	minutes of a meeting of the direct-support organization.
890	(c)  The reversion of moneys and property held by the
891	direct-support organization:
892	1.  To the commission if the direct-support organization is
893	no longer approved to operate for the commission;
894	2.  To the commission if the direct-support organization
895	ceases to exist; or
896	3.  To the state if the commission ceases to exist.
897	(d)  The disclosure of the material provisions of the
898	contract, and the distinction between the commission and the
899	direct-support organization, to donors of gifts, contributions,
900	or bequests, including such disclosure on all promotional and
901	fundraising publications.
902	(6)  USE OF PROPERTY AND SERVICES.--
903	(a)  The commission may permit the use of property,
904	facilities, and personal services of the commission by the
905	direct-support organization, subject to this section.
906	(b)  The commission may prescribe, by contract, any
907	condition with which the direct-support organization must comply
908	in order to use property, facilities, or personal services of
909	the commission.
910	(c)  The commission may not permit the use of its property,
911	facilities, or personal services by any direct-support
912	organization organized under this section which does not provide
913	equal employment opportunities to all persons regardless of
914	race, color, national origin, sex, age, religion, disability, or
915	familial or marital status.
916	(7)  ACTIVITIES; RESTRICTIONS.--Any transaction or
917	agreement between the direct-support organization organized
918	under this section and another direct-support organization or
919	other entity must be approved by the executive director of the
920	commission.
921	(8)  ANNUAL BUDGETS AND REPORTS.--
922	(a)  The fiscal year of the direct-support organization
923	shall begin on July 1 of each year and end on June 30 of the
924	following year.
925	(b)  The direct-support organization shall submit to the
926	commission its federal application for recognition of tax
927	exemption and its federal income tax return forms.
928	(9)  ANNUAL AUDIT.--The direct-support organization shall
929	provide for an annual financial audit in accordance with s.
930	215.981.
931	(10)  LIMITS ON DIRECT-SUPPORT ORGANIZATION.--The direct-
932	support organization shall not exercise any power under s.
933	617.0302(12) or (16). A state employee may not receive
934	compensation from the direct-support organization for services
935	on the board of directors or for services rendered to the
936	direct-support organization.
937	(11)  RULEMAKING.--The commission may adopt rules pursuant
938	to ss. 120.536(1) and 120.54 to implement the provisions of this
939	section.
940	Section 21.  Paragraph (d) of subsection (1) of section
941	419.001, Florida Statutes, is amended to read:
942	419.001  Site selection of community residential homes.--
943	(1)  For the purposes of this section, the following
944	definitions shall apply:
945	(d)  "Resident" means any of the following: a frail elder
946	as defined in s. 429.65; a physically disabled or handicapped
947	person as defined in s. 760.02(4)(a)1., 2., or 3. 760.22(7)(a);
948	a developmentally disabled person as defined in s. 393.063; a
949	nondangerous mentally ill person as defined in s. 394.455(18);
950	or a child who is found to be dependent as defined in s. 39.01
951	or s. 984.03, or a child in need of services as defined in s.
952	984.03 or s. 985.03.
953	Section 22.  This act shall take effect July 1, 2009.

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