Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 120
       
       
       
       
       
       
                                Ì828464?Î828464                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Bean) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Florida
    6  Competitive Workforce Act.”
    7         Section 2. Subsection (1) of section 760.01, Florida
    8  Statutes, is republished, and subsection (2) of that section is
    9  amended, to read:
   10         760.01 Purposes; construction; title.—
   11         (1) Sections 760.01-760.11 and 509.092 shall be cited as
   12  the “Florida Civil Rights Act of 1992.”
   13         (2) The general purposes of the Florida Civil Rights Act of
   14  1992 are to secure for all individuals within the state freedom
   15  from discrimination because of race, color, religion, sex,
   16  pregnancy, national origin, age, sexual orientation, gender
   17  identity or expression, handicap, or marital status and thereby
   18  to protect their interest in personal dignity, to make available
   19  to the state their full productive capacities, to secure the
   20  state against domestic strife and unrest, to preserve the public
   21  safety, health, and general welfare, and to promote the
   22  interests, rights, and privileges of individuals within the
   23  state.
   24         Section 3. Section 760.02, Florida Statutes, is reordered
   25  and amended to read:
   26         760.02 Definitions.—For the purposes of ss. 760.01-760.11
   27  and 509.092, the term:
   28         (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
   29  760.11 and 509.092.
   30         (2) “Commission” means the Florida Commission on Human
   31  Relations created by s. 760.03.
   32         (3) “Commissioner” or “member” means a member of the
   33  commission.
   34         (4) “Discriminatory practice” means any practice made
   35  unlawful by the Florida Civil Rights Act of 1992.
   36         (10)(5) “National origin” includes ancestry.
   37         (11)(6) “Person” includes an individual, association,
   38  corporation, joint apprenticeship committee, joint-stock
   39  company, labor union, legal representative, mutual company,
   40  partnership, receiver, trust, trustee in bankruptcy, or
   41  unincorporated organization; any other legal or commercial
   42  entity; the state; or any governmental entity or agency.
   43         (5)(7) “Employer” means any person employing 15 or more
   44  employees for each working day in each of 20 or more calendar
   45  weeks in the current or preceding calendar year, and any agent
   46  of such a person.
   47         (6)(8) “Employment agency” means any person regularly
   48  undertaking, with or without compensation, to procure employees
   49  for an employer or to procure for employees opportunities to
   50  work for an employer, and includes an agent of such a person.
   51         (8) “Gender identity or expression” means gender-related
   52  identity, appearance, or behavior, regardless of whether such
   53  gender-related identity, appearance, or behavior is different
   54  from that traditionally associated with the person’s physiology
   55  or assigned sex at birth, and which gender-related identity can
   56  be shown by the person providing evidence, including, but not
   57  limited to:
   58         (a) Medical history, care, or treatment of the gender
   59  related identity;
   60         (b) Consistent and uniform assertion of the gender-related
   61  identity; or
   62         (c) Other evidence that the gender-related identity is a
   63  sincerely held part of a person’s core identity and is not being
   64  asserted for an improper purpose.
   65         (9) “Labor organization” means any organization which
   66  exists for the purpose, in whole or in part, of collective
   67  bargaining or of dealing with employers concerning grievances,
   68  terms or conditions of employment, or other mutual aid or
   69  protection in connection with employment.
   70         (1)(10) “Aggrieved person” means any person who files a
   71  complaint with the Florida Commission on Human Relations
   72  Commission.
   73         (12)(11) “Public accommodations” means places of public
   74  accommodation, lodgings, facilities principally engaged in
   75  selling food for consumption on the premises, gasoline stations,
   76  places of exhibition or entertainment, and other covered
   77  establishments. Each of the following establishments which
   78  serves the public is a place of public accommodation within the
   79  meaning of this section:
   80         (a) Any inn, hotel, motel, or other establishment that
   81  which provides lodging to transient guests, other than an
   82  establishment located within a building that which contains not
   83  more than four rooms for rent or hire and that which is actually
   84  occupied by the proprietor of such establishment as his or her
   85  residence.
   86         (b) Any restaurant, cafeteria, lunchroom, lunch counter,
   87  soda fountain, or other facility principally engaged in selling
   88  food for consumption on the premises, including, but not limited
   89  to, any such facility located on the premises of any retail
   90  establishment, or any gasoline station.
   91         (c) Any motion picture theater, theater, concert hall,
   92  sports arena, stadium, or other place of exhibition or
   93  entertainment.
   94         (d) Any establishment that which is physically located
   95  within the premises of any establishment otherwise covered by
   96  this subsection, or within the premises of which is physically
   97  located any such covered establishment, and that which holds
   98  itself out as serving patrons of such covered establishment.
   99         (13) “Sexual orientation” means an individual’s
  100  heterosexuality, homosexuality, or bisexuality.
  101         Section 4. Section 760.05, Florida Statutes, is amended to
  102  read:
  103         760.05 Functions of the commission.—The commission shall
  104  promote and encourage fair treatment and equal opportunity for
  105  all persons regardless of race, color, religion, sex, pregnancy,
  106  national origin, age, sexual orientation, gender identity or
  107  expression, handicap, or marital status and mutual understanding
  108  and respect among all members of society. The commission all
  109  economic, social, racial, religious, and ethnic groups; and
  110  shall endeavor to eliminate discrimination against, and
  111  antagonism between, persons on the basis of race, color,
  112  religion, sex, pregnancy, national origin, age, sexual
  113  orientation, gender identity or expression, handicap, or marital
  114  status religious, racial, and ethnic groups and their members.
  115         Section 5. Section 760.07, Florida Statutes, is amended to
  116  read:
  117         760.07 Remedies for unlawful discrimination.—Any violation
  118  of any Florida statute making unlawful discrimination because of
  119  race, color, religion, gender, pregnancy, national origin, age,
  120  sexual orientation, gender identity or expression, handicap, or
  121  marital status in the areas of education, employment, housing,
  122  or public accommodations gives rise to a cause of action for all
  123  relief and damages described in s. 760.11(5), unless greater
  124  damages are expressly provided for. If the statute prohibiting
  125  unlawful discrimination provides an administrative remedy, the
  126  action for equitable relief and damages provided for in this
  127  section may be initiated only after the plaintiff has exhausted
  128  his or her administrative remedy. The term “public
  129  accommodations” does not include lodge halls or other similar
  130  facilities of private organizations which are made available for
  131  public use occasionally or periodically. The right to trial by
  132  jury is preserved in any case in which the plaintiff is seeking
  133  actual or punitive damages.
  134         Section 6. Section 760.08, Florida Statutes, is amended to
  135  read:
  136         760.08 Discrimination in places of public accommodation.
  137  All persons are entitled to the full and equal enjoyment of the
  138  goods, services, facilities, privileges, advantages, and
  139  accommodations of any place of public accommodation without
  140  discrimination or segregation on the ground of race, color,
  141  national origin, sex, sexual orientation, gender identity or
  142  expression, pregnancy, handicap, familial status, or religion.
  143         Section 7. Subsections (1) and (2), paragraphs (a) and (b)
  144  of subsection (3), subsections (4), (5), and (6), paragraph (a)
  145  of subsection (8), and subsection (9) of section 760.10, Florida
  146  Statutes, are amended, and subsection (10) of that section is
  147  republished, to read:
  148         760.10 Unlawful employment practices.—
  149         (1) It is an unlawful employment practice for an employer:
  150         (a) To discharge or to fail or refuse to hire any
  151  individual, or otherwise to discriminate against any individual
  152  with respect to compensation, terms, conditions, or privileges
  153  of employment, because of such individual’s race, color,
  154  religion, sex, pregnancy, national origin, age, sexual
  155  orientation, gender identity or expression, handicap, or marital
  156  status.
  157         (b) To limit, segregate, or classify employees or
  158  applicants for employment in any way that which would deprive or
  159  tend to deprive any individual of employment opportunities, or
  160  adversely affect any individual’s status as an employee, because
  161  of such individual’s race, color, religion, sex, pregnancy,
  162  national origin, age, sexual orientation, gender identity or
  163  expression, handicap, or marital status.
  164         (2) It is an unlawful employment practice for an employment
  165  agency to fail or refuse to refer for employment, or otherwise
  166  to discriminate against, any individual because of race, color,
  167  religion, sex, pregnancy, national origin, age, sexual
  168  orientation, gender identity or expression, handicap, or marital
  169  status or to classify or refer for employment any individual on
  170  the basis of race, color, religion, sex, pregnancy, national
  171  origin, age, sexual orientation, gender identity or expression,
  172  handicap, or marital status.
  173         (3) It is an unlawful employment practice for a labor
  174  organization:
  175         (a) To exclude or to expel from its membership, or
  176  otherwise to discriminate against, any individual because of
  177  race, color, religion, sex, pregnancy, national origin, age,
  178  sexual orientation, gender identity or expression, handicap, or
  179  marital status.
  180         (b) To limit, segregate, or classify its membership or
  181  applicants for membership, or to classify or fail or refuse to
  182  refer for employment any individual, in any way that would
  183  deprive or tend to deprive any individual of employment
  184  opportunities, or adversely affect any individual’s status as an
  185  employee or as an applicant for employment, because of such
  186  individual’s race, color, religion, sex, pregnancy, national
  187  origin, age, sexual orientation, gender identity or expression,
  188  handicap, or marital status.
  189         (4) It is an unlawful employment practice for any employer,
  190  labor organization, or joint labor-management committee
  191  controlling apprenticeship or other training or retraining,
  192  including on-the-job training programs, to discriminate against
  193  any individual because of race, color, religion, sex, pregnancy,
  194  national origin, age, sexual orientation, gender identity or
  195  expression, handicap, or marital status in admission to, or
  196  employment in, any program established to provide apprenticeship
  197  or other training.
  198         (5) Whenever, in order to engage in a profession,
  199  occupation, or trade, it is required that a person receive a
  200  license, certification, or other credential;, become a member or
  201  an associate of any club, association, or other organization;,
  202  or pass any examination, it is an unlawful employment practice
  203  for any person to discriminate against any other person seeking
  204  such license, certification, or other credential;, seeking to
  205  become a member or associate of such club, association, or other
  206  organization;, or seeking to take or pass such examination,
  207  because of such other person’s race, color, religion, sex,
  208  pregnancy, national origin, age, sexual orientation, gender
  209  identity or expression, handicap, or marital status.
  210         (6) It is an unlawful employment practice for an employer,
  211  a labor organization, an employment agency, or a joint labor
  212  management committee to print, or cause to be printed or
  213  published, any notice or advertisement relating to employment,
  214  membership, classification, referral for employment, or
  215  apprenticeship or other training which indicates, indicating any
  216  preference, limitation, specification, or discrimination, based
  217  on race, color, religion, sex, pregnancy, national origin, age,
  218  sexual orientation, gender identity or expression, absence of
  219  handicap, or marital status.
  220         (8) Notwithstanding any other provision of this section, it
  221  is not an unlawful employment practice under ss. 760.01-760.10
  222  for an employer, employment agency, labor organization, or joint
  223  labor-management committee to:
  224         (a) Take or fail to take any action on the basis of
  225  religion, sex, pregnancy, national origin, age, sexual
  226  orientation, gender identity or expression, handicap, or marital
  227  status in those certain instances in which religion, sex,
  228  condition of pregnancy, national origin, age, sexual
  229  orientation, gender identity or expression, absence of a
  230  particular handicap, or marital status is a bona fide
  231  occupational qualification reasonably necessary for the
  232  performance of the particular employment to which such action or
  233  inaction is related.
  234         (9)(a) This section does shall not apply to any religious
  235  corporation, association, educational institution, or society
  236  which conditions opportunities in the area of employment or
  237  public accommodation to members of that religious corporation,
  238  association, educational institution, or society or to persons
  239  who subscribe to its tenets or beliefs.
  240         (b) This section does shall not prohibit a religious
  241  corporation, association, educational institution, or society
  242  from giving preference in employment to individuals of a
  243  particular religion to perform work connected with the carrying
  244  on by such corporations, associations, educational institutions,
  245  or societies of its various activities.
  246         (c) This section and s. 760.08 do not limit the free
  247  exercise of religion guaranteed by the United States
  248  Constitution and the State Constitution.
  249         (10) Each employer, employment agency, and labor
  250  organization shall post and keep posted in conspicuous places
  251  upon its premises a notice provided by the commission setting
  252  forth such information as the commission deems appropriate to
  253  effectuate the purposes of ss. 760.01-760.10.
  254         Section 8. Section 509.092, Florida Statutes, is amended to
  255  read:
  256         509.092 Public lodging establishments and public food
  257  service establishments; rights as private enterprises.—
  258         (1) Public lodging establishments and public food service
  259  establishments are private enterprises, and the operator has the
  260  right to refuse accommodations or service to any person who is
  261  objectionable or undesirable to the operator, but such refusal
  262  may not be based upon race, creed, color, sex, pregnancy,
  263  physical disability, sexual orientation, gender identity or
  264  expression, or national origin.
  265         (2) A person aggrieved by a violation of this section or a
  266  violation of a rule adopted under this section has a right of
  267  action pursuant to s. 760.11.
  268         (3) This section does not limit the free exercise of
  269  religion guaranteed by the United States Constitution and the
  270  State Constitution.
  271         Section 9. Section 760.22, Florida Statutes, is amended to
  272  read:
  273         760.22 Definitions.—As used in this part ss. 760.20-760.37,
  274  the term:
  275         (1) “Commission” means the Florida Commission on Human
  276  Relations.
  277         (2) “Covered multifamily dwelling” means:
  278         (a) A building that which consists of four or more units
  279  and has an elevator; or
  280         (b) The ground floor units of a building that which
  281  consists of four or more units and does not have an elevator.
  282         (3) “Discriminatory housing practice” means an act that is
  283  unlawful under the terms of this part ss. 760.20-760.37.
  284         (4) “Dwelling” means any building or structure, or portion
  285  thereof, which is occupied as, or designed or intended for
  286  occupancy as, a residence by one or more families, and any
  287  vacant land that which is offered for sale or lease for the
  288  construction or location on the land of any such building or
  289  structure, or portion thereof.
  290         (5) “Familial status” is established when an individual who
  291  has not attained the age of 18 years is domiciled with:
  292         (a) A parent or other person having legal custody of such
  293  individual; or
  294         (b) A designee of a parent or other person having legal
  295  custody, with the written permission of such parent or other
  296  person.
  297         (6) “Family” includes a single individual.
  298         (7) “Gender identity or expression” has the same meaning as
  299  provided in s. 760.02.
  300         (8)(7) “Handicap” means:
  301         (a) A person has a physical or mental impairment that which
  302  substantially limits one or more major life activities for a
  303  person who has, or he or she has a record of having, or is
  304  regarded as having that, such physical or mental impairment; or
  305         (b) A person has a developmental disability as defined in
  306  s. 393.063.
  307         (9)(8) “Person” includes one or more individuals,
  308  corporations, partnerships, associations, labor organizations,
  309  legal representatives, mutual companies, joint-stock companies,
  310  trusts, unincorporated organizations, trustees, trustees in
  311  bankruptcy, receivers, and fiduciaries.
  312         (10) “Sexual orientation” has the same meaning as provided
  313  in s. 760.02.
  314         (11)(9) “Substantially equivalent” means an administrative
  315  subdivision of the State of Florida meeting the requirements of
  316  24 C.F.R. part 115, s. 115.6.
  317         (12)(10) “To rent” includes to lease, to sublease, to let,
  318  and otherwise to grant for a consideration the right to occupy
  319  premises not owned by the occupant.
  320         Section 10. Subsections (1) - (5) of section 760.23,
  321  Florida Statutes, are amended to read:
  322         760.23 Discrimination in the sale or rental of housing and
  323  other prohibited practices.—
  324         (1) It is unlawful to refuse to sell or rent after the
  325  making of a bona fide offer, to refuse to negotiate for the sale
  326  or rental of, or otherwise to make unavailable or deny a
  327  dwelling to any person because of race, color, national origin,
  328  sex, sexual orientation, gender identity or expression,
  329  handicap, familial status, or religion.
  330         (2) It is unlawful to discriminate against any person in
  331  the terms, conditions, or privileges of sale or rental of a
  332  dwelling, or in the provision of services or facilities in
  333  connection therewith, because of race, color, national origin,
  334  sex, sexual orientation, gender identity or expression,
  335  handicap, familial status, or religion.
  336         (3) It is unlawful to make, print, or publish, or cause to
  337  be made, printed, or published, any notice, statement, or
  338  advertisement with respect to the sale or rental of a dwelling
  339  that indicates any preference, limitation, or discrimination
  340  based on race, color, national origin, sex, sexual orientation,
  341  gender identity or expression, handicap, familial status, or
  342  religion or an intention to make any such preference,
  343  limitation, or discrimination.
  344         (4) It is unlawful to represent to any person because of
  345  the person’s race, color, national origin, sex, sexual
  346  orientation, gender identity or expression, handicap, familial
  347  status, or religion that any dwelling is not available for
  348  inspection, sale, or rental when such dwelling is in fact so
  349  available.
  350         (5) It is unlawful, for profit, to induce or attempt to
  351  induce any person to sell or rent any dwelling by a
  352  representation regarding the entry or prospective entry into the
  353  neighborhood of a person or persons of a particular race, color,
  354  national origin, sex, sexual orientation, gender identity or
  355  expression, handicap, familial status, or religion.
  356         Section 11. Section 760.24, Florida Statutes, is amended to
  357  read:
  358         760.24 Discrimination in the provision of brokerage
  359  services.—It is unlawful to deny any person access to, or
  360  membership or participation in, any multiple-listing service,
  361  real estate brokers’ organization, or other service,
  362  organization, or facility relating to the business of selling or
  363  renting dwellings, or to discriminate against him or her in the
  364  terms or conditions of such access, membership, or
  365  participation, because on account of race, color, national
  366  origin, sex, sexual orientation, gender identity or expression,
  367  handicap, familial status, or religion.
  368         Section 12. Subsection (1) and paragraph (a) of subsection
  369  (2) of section 760.25, Florida Statutes, are amended to read:
  370         760.25 Discrimination in the financing of housing or in
  371  residential real estate transactions.—
  372         (1) It is unlawful for any bank, building and loan
  373  association, insurance company, or other corporation,
  374  association, firm, or enterprise the business of which consists
  375  in whole or in part of the making of commercial real estate
  376  loans to deny a loan or other financial assistance to a person
  377  applying for the loan for the purpose of purchasing,
  378  constructing, improving, repairing, or maintaining a dwelling,
  379  or to discriminate against him or her in the fixing of the
  380  amount, interest rate, duration, or other term or condition of
  381  such loan or other financial assistance, because of the race,
  382  color, national origin, sex, sexual orientation, gender identity
  383  or expression, handicap, familial status, or religion of such
  384  person or of any person associated with him or her in connection
  385  with such loan or other financial assistance or the purposes of
  386  such loan or other financial assistance, or because of the race,
  387  color, national origin, sex, sexual orientation, gender identity
  388  or expression, handicap, familial status, or religion of the
  389  present or prospective owners, lessees, tenants, or occupants of
  390  the dwelling or dwellings in relation to which such loan or
  391  other financial assistance is to be made or given.
  392         (2)(a) It is unlawful for any person or entity whose
  393  business includes engaging in residential real estate
  394  transactions to discriminate against any person in making
  395  available such a transaction, or in the terms or conditions of
  396  such a transaction, because of race, color, national origin,
  397  sex, sexual orientation, gender identity or expression,
  398  handicap, familial status, or religion.
  399         Section 13. Section 760.26, Florida Statutes, is amended to
  400  read:
  401         760.26 Prohibited discrimination in land use decisions and
  402  in permitting of development.—It is unlawful to discriminate in
  403  land use decisions or in the permitting of development based on
  404  race, color, national origin, sex, sexual orientation, gender
  405  identity or expression, disability, familial status, religion,
  406  or, except as otherwise provided by law, the source of financing
  407  of a development or proposed development.
  408         Section 14. Paragraph (a) of subsection (5) of section
  409  760.29, Florida Statutes, is amended to read:
  410         760.29 Exemptions.—
  411         (5) Nothing in ss. 760.20-760.37:
  412         (a) Prohibits a person engaged in the business of
  413  furnishing appraisals of real property from taking into
  414  consideration factors other than race, color, national origin,
  415  sex, sexual orientation, gender identity or expression,
  416  handicap, familial status, or religion.
  417         Section 15. Subsection (1) of section 760.60, Florida
  418  Statutes, is amended to read:
  419         760.60 Discriminatory practices of certain clubs
  420  prohibited; remedies.—
  421         (1) It is unlawful for a person to discriminate against any
  422  individual because of race, color, religion, gender, national
  423  origin, handicap, age above the age of 21, sexual orientation,
  424  gender identity or expression, or marital status in evaluating
  425  an application for membership in a club that has more than 400
  426  members, that provides regular meal service, and that regularly
  427  receives payment for dues, fees, use of space, facilities,
  428  services, meals, or beverages directly or indirectly from
  429  nonmembers for business purposes. It is unlawful for a person,
  430  on behalf of such a club, to publish, circulate, issue, display,
  431  post, or mail any advertisement, notice, or solicitation that
  432  contains a statement to the effect that the accommodations,
  433  advantages, facilities, membership, or privileges of the club
  434  are denied to any individual because of race, color, religion,
  435  gender, national origin, handicap, age above the age of 21,
  436  sexual orientation, gender identity or expression, or marital
  437  status. This subsection does not apply to fraternal or
  438  benevolent organizations, ethnic clubs, or religious
  439  organizations where business activity is not prevalent.
  440         Section 16. Paragraph (e) of subsection (1) of section
  441  419.001, Florida Statutes, is amended to read:
  442         419.001 Site selection of community residential homes.—
  443         (1) For the purposes of this section, the term:
  444         (e) “Resident” means any of the following: a frail elder as
  445  defined in s. 429.65; a person who has a handicap as defined in
  446  s. 760.22(8)(a) s. 760.22(7)(a); a person who has a
  447  developmental disability as defined in s. 393.063; a
  448  nondangerous person who has a mental illness as defined in s.
  449  394.455; or a child who is found to be dependent as defined in
  450  s. 39.01 or s. 984.03, or a child in need of services as defined
  451  in s. 984.03 or s. 985.03.
  452         Section 17. This act shall take effect July 1, 2016.
  453  
  454  ================= T I T L E  A M E N D M E N T ================
  455  And the title is amended as follows:
  456         Delete everything before the enacting clause
  457  and insert:
  458                        A bill to be entitled                      
  459         An act relating to prohibited discrimination; creating
  460         the “Florida Competitive Workforce Act”; amending s.
  461         760.01, F.S.; revising provisions to include sexual
  462         orientation and gender identity or expression as
  463         impermissible grounds for discrimination; amending s.
  464         760.02, F.S.; adding definitions; amending ss. 760.05,
  465         760.07, and 760.08, F.S.; adding sexual orientation
  466         and gender identity or expression as impermissible
  467         grounds for discrimination; conforming terminology;
  468         amending s. 760.10, F.S.; adding sexual orientation
  469         and gender identity or expression as impermissible
  470         grounds for discrimination; providing an exception for
  471         constitutionally protected free exercise of religion;
  472         amending s. 509.092, F.S.; adding sexual orientation
  473         and gender identity or expression as impermissible
  474         grounds for discrimination in public lodging
  475         establishments and public food service establishments;
  476         providing an exception for constitutionally protected
  477         free exercise of religion; amending s. 760.22, F.S.;
  478         adding definitions; amending ss. 760.23, 760.24,
  479         760.25, 760.26, 760.29, and 760.60, F.S.; adding
  480         sexual orientation and gender identity or expression
  481         as impermissible grounds for discrimination; amending
  482         s. 419.001, F.S.; conforming a cross-reference;
  483         providing an effective date.