Florida Senate - 2020                                     SB 206
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00481-20                                            2020206__
    1                        A bill to be entitled                      
    2         An act relating to prohibited discrimination;
    3         providing a short title; amending s. 509.092, F.S.;
    4         adding sexual orientation and gender identity as
    5         impermissible grounds for discrimination in public
    6         lodging establishments and public food service
    7         establishments; providing an exception for
    8         constitutionally protected free exercise of religion;
    9         amending s. 760.01, F.S.; revising the purposes of the
   10         Florida Civil Rights Act of 1992 to conform to changes
   11         made by the act; reordering and amending s. 760.02,
   12         F.S.; defining the terms “gender identity” and “sexual
   13         orientation”; amending s. 760.05, F.S.; revising the
   14         functions of the Florida Commission on Human Relations
   15         to conform to changes made by the act; amending s.
   16         760.07, F.S.; revising provisions regarding remedies
   17         for unlawful discrimination to include discrimination
   18         based on sexual orientation and gender identity to
   19         conform to changes made by the act; amending s.
   20         760.08, F.S.; adding sexual orientation and gender
   21         identity as impermissible grounds for discrimination
   22         in places of public accommodation; amending s. 760.10,
   23         F.S.; adding sexual orientation and gender identity as
   24         impermissible grounds for discrimination with respect
   25         to specified unlawful employment practices; providing
   26         an exception for constitutionally protected free
   27         exercise of religion; amending s. 760.22, F.S.;
   28         defining the terms “gender identity” and “sexual
   29         orientation” for purposes of the Fair Housing Act;
   30         amending ss. 760.23, 760.24, 760.25, and 760.26, F.S.;
   31         adding sexual orientation and gender identity as
   32         impermissible grounds for discrimination with respect
   33         to the sale or rental of housing, the provision of
   34         brokerage services, the financing of housing or in
   35         residential real estate transactions, and land use
   36         decisions or permitting of development, respectively;
   37         amending s. 760.29, F.S.; revising an exemption from
   38         the Fair Housing Act regarding the appraisal of real
   39         property to conform to changes made by the act;
   40         amending s. 760.60, F.S.; adding sexual orientation
   41         and gender identity as impermissible grounds for
   42         discrimination with respect to practices of certain
   43         clubs; amending s. 419.001, F.S.; conforming a cross
   44         reference; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. This act may be cited as the “Florida
   49  Competitive Workforce Act.”
   50         Section 2. Section 509.092, Florida Statutes, is amended to
   51  read:
   52         509.092 Public lodging establishments and public food
   53  service establishments; rights as private enterprises.—
   54         (1) Public lodging establishments and public food service
   55  establishments are private enterprises, and the operator has the
   56  right to refuse accommodations or service to any person who is
   57  objectionable or undesirable to the operator, but such refusal
   58  may not be based upon race, creed, color, sex, pregnancy,
   59  physical disability, sexual orientation, gender identity, or
   60  national origin.
   61         (2) A person aggrieved by a violation of this section or a
   62  violation of a rule adopted under this section has a right of
   63  action pursuant to s. 760.11.
   64         (3) This section does not limit the free exercise of
   65  religion guaranteed by the United States Constitution and the
   66  State Constitution.
   67         Section 3. Subsection (1) of section 760.01, Florida
   68  Statutes, is republished, and subsection (2) of that section is
   69  amended, to read:
   70         760.01 Purposes; construction; title.—
   71         (1) Sections 760.01-760.11 and 509.092 shall be cited as
   72  the “Florida Civil Rights Act of 1992.”
   73         (2) The general purposes of the Florida Civil Rights Act of
   74  1992 are to secure for all individuals within the state freedom
   75  from discrimination because of race, color, religion, sex,
   76  pregnancy, national origin, age, sexual orientation, gender
   77  identity, handicap, or marital status and thereby to protect
   78  their interest in personal dignity, to make available to the
   79  state their full productive capacities, to secure the state
   80  against domestic strife and unrest, to preserve the public
   81  safety, health, and general welfare, and to promote the
   82  interests, rights, and privileges of individuals within the
   83  state.
   84         Section 4. Section 760.02, Florida Statutes, is reordered
   85  and amended to read:
   86         760.02 Definitions.—For the purposes of ss. 760.01-760.11
   87  and 509.092, the term:
   88         (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
   89  760.11 and 509.092.
   90         (2) “Commission” means the Florida Commission on Human
   91  Relations created by s. 760.03.
   92         (3) “Commissioner” or “member” means a member of the
   93  commission.
   94         (4) “Discriminatory practice” means any practice made
   95  unlawful by the Florida Civil Rights Act of 1992.
   96         (10)(5) “National origin” includes ancestry.
   97         (11)(6) “Person” includes an individual, association,
   98  corporation, joint apprenticeship committee, joint-stock
   99  company, labor union, legal representative, mutual company,
  100  partnership, receiver, trust, trustee in bankruptcy, or
  101  unincorporated organization; any other legal or commercial
  102  entity; the state; or any governmental entity or agency.
  103         (5)(7) “Employer” means any person employing 15 or more
  104  employees for each working day in each of 20 or more calendar
  105  weeks in the current or preceding calendar year, and any agent
  106  of such a person.
  107         (6)(8) “Employment agency” means any person regularly
  108  undertaking, with or without compensation, to procure employees
  109  for an employer or to procure for employees opportunities to
  110  work for an employer, and includes an agent of such a person.
  111         (8) “Gender identity” means gender-related identity,
  112  appearance, or behavior, regardless of whether such gender
  113  related identity, appearance, or behavior is different from that
  114  traditionally associated with the person’s physiology or
  115  assigned sex at birth.
  116         (9) “Labor organization” means any organization that which
  117  exists for the purpose, in whole or in part, of collective
  118  bargaining or of dealing with employers concerning grievances,
  119  terms or conditions of employment, or other mutual aid or
  120  protection in connection with employment.
  121         (1)(10) “Aggrieved person” means any person who files a
  122  complaint with the Human Relations commission.
  123         (12)(11) “Public accommodations” means places of public
  124  accommodation, lodgings, facilities principally engaged in
  125  selling food for consumption on the premises, gasoline stations,
  126  places of exhibition or entertainment, and other covered
  127  establishments. Each of the following establishments which
  128  serves the public is a place of public accommodation within the
  129  meaning of this section:
  130         (a) Any inn, hotel, motel, or other establishment that
  131  which provides lodging to transient guests, other than an
  132  establishment located within a building that which contains not
  133  more than four rooms for rent or hire and that which is actually
  134  occupied by the proprietor of such establishment as his or her
  135  residence.
  136         (b) Any restaurant, cafeteria, lunchroom, lunch counter,
  137  soda fountain, or other facility principally engaged in selling
  138  food for consumption on the premises, including, but not limited
  139  to, any such facility located on the premises of any retail
  140  establishment, or any gasoline station.
  141         (c) Any motion picture theater, theater, concert hall,
  142  sports arena, stadium, or other place of exhibition or
  143  entertainment.
  144         (d) Any establishment that which is physically located
  145  within the premises of any establishment otherwise covered by
  146  this subsection, or within the premises of which is physically
  147  located any such covered establishment, and that which holds
  148  itself out as serving patrons of such covered establishment.
  149         (13) “Sexual orientation” means an individual’s
  150  heterosexuality, homosexuality, or bisexuality.
  151         Section 5. Section 760.05, Florida Statutes, is amended to
  152  read:
  153         760.05 Functions of the commission.—The commission shall
  154  promote and encourage fair treatment and equal opportunity for
  155  all persons regardless of race, color, religion, sex, pregnancy,
  156  national origin, age, sexual orientation, gender identity,
  157  handicap, or marital status and mutual understanding and respect
  158  among all members of society. The commission all economic,
  159  social, racial, religious, and ethnic groups; and shall endeavor
  160  to eliminate discrimination against, and antagonism between,
  161  persons on the basis of race, color, religion, sex, pregnancy,
  162  national origin, age, sexual orientation, gender identity,
  163  handicap, or marital status religious, racial, and ethnic groups
  164  and their members.
  165         Section 6. Section 760.07, Florida Statutes, is amended to
  166  read:
  167         760.07 Remedies for unlawful discrimination.—Any violation
  168  of any state law Florida statute making unlawful discrimination
  169  because of race, color, religion, gender, pregnancy, national
  170  origin, age, sexual orientation, gender identity, handicap, or
  171  marital status in the areas of education, employment, housing,
  172  or public accommodations gives rise to a cause of action for all
  173  relief and damages described in s. 760.11(5), unless greater
  174  damages are expressly provided for. If the statute prohibiting
  175  unlawful discrimination provides an administrative remedy, the
  176  action for equitable relief and damages provided for in this
  177  section may be initiated only after the plaintiff has exhausted
  178  his or her administrative remedy. The term “public
  179  accommodations” does not include lodge halls or other similar
  180  facilities of private organizations which are made available for
  181  public use occasionally or periodically. The right to trial by
  182  jury is preserved in any case in which the plaintiff is seeking
  183  actual or punitive damages.
  184         Section 7. Section 760.08, Florida Statutes, is amended to
  185  read:
  186         760.08 Discrimination in places of public accommodation.
  187  All persons are entitled to the full and equal enjoyment of the
  188  goods, services, facilities, privileges, advantages, and
  189  accommodations of any place of public accommodation without
  190  discrimination or segregation on the ground of race, color,
  191  national origin, sex, sexual orientation, gender identity,
  192  pregnancy, handicap, familial status, or religion.
  193         Section 8. Subsections (1) and (2), paragraphs (a) and (b)
  194  of subsection (3), subsections (4), (5), and (6), paragraph (a)
  195  of subsection (8), and subsection (9) of section 760.10, Florida
  196  Statutes, are amended, and subsection (10) of that section is
  197  republished, to read:
  198         760.10 Unlawful employment practices.—
  199         (1) It is an unlawful employment practice for an employer:
  200         (a) To discharge or to fail or refuse to hire any
  201  individual, or otherwise to discriminate against any individual
  202  with respect to compensation, terms, conditions, or privileges
  203  of employment, because of such individual’s race, color,
  204  religion, sex, pregnancy, national origin, age, sexual
  205  orientation, gender identity, handicap, or marital status.
  206         (b) To limit, segregate, or classify employees or
  207  applicants for employment in any way that which would deprive or
  208  tend to deprive any individual of employment opportunities, or
  209  adversely affect any individual’s status as an employee, because
  210  of such individual’s race, color, religion, sex, pregnancy,
  211  national origin, age, sexual orientation, gender identity,
  212  handicap, or marital status.
  213         (2) It is an unlawful employment practice for an employment
  214  agency to fail or refuse to refer for employment, or otherwise
  215  to discriminate against, any individual because of race, color,
  216  religion, sex, pregnancy, national origin, age, sexual
  217  orientation, gender identity, handicap, or marital status or to
  218  classify or refer for employment any individual on the basis of
  219  race, color, religion, sex, pregnancy, national origin, age,
  220  sexual orientation, gender identity, handicap, or marital
  221  status.
  222         (3) It is an unlawful employment practice for a labor
  223  organization:
  224         (a) To exclude or to expel from its membership, or
  225  otherwise to discriminate against, any individual because of
  226  race, color, religion, sex, pregnancy, national origin, age,
  227  sexual orientation, gender identity, handicap, or marital
  228  status.
  229         (b) To limit, segregate, or classify its membership or
  230  applicants for membership, or to classify or fail or refuse to
  231  refer for employment any individual, in any way that would
  232  deprive or tend to deprive any individual of employment
  233  opportunities, or adversely affect any individual’s status as an
  234  employee or as an applicant for employment, because of such
  235  individual’s race, color, religion, sex, pregnancy, national
  236  origin, age, sexual orientation, gender identity, handicap, or
  237  marital status.
  238         (4) It is an unlawful employment practice for any employer,
  239  labor organization, or joint labor-management committee
  240  controlling apprenticeship or other training or retraining,
  241  including on-the-job training programs, to discriminate against
  242  any individual because of race, color, religion, sex, pregnancy,
  243  national origin, age, sexual orientation, gender identity,
  244  handicap, or marital status in admission to, or employment in,
  245  any program established to provide apprenticeship or other
  246  training.
  247         (5) Whenever, in order to engage in a profession,
  248  occupation, or trade, it is required that a person receive a
  249  license, certification, or other credential;, become a member or
  250  an associate of any club, association, or other organization;,
  251  or pass any examination, it is an unlawful employment practice
  252  for any person to discriminate against any other person seeking
  253  such license, certification, or other credential;, seeking to
  254  become a member or associate of such club, association, or other
  255  organization;, or seeking to take or pass such examination,
  256  because of such other person’s race, color, religion, sex,
  257  pregnancy, national origin, age, sexual orientation, gender
  258  identity, handicap, or marital status.
  259         (6) It is an unlawful employment practice for an employer,
  260  a labor organization, an employment agency, or a joint labor
  261  management committee to print, or cause to be printed or
  262  published, any notice or advertisement relating to employment,
  263  membership, classification, referral for employment, or
  264  apprenticeship or other training which indicates, indicating any
  265  preference, limitation, specification, or discrimination, based
  266  on race, color, religion, sex, pregnancy, national origin, age,
  267  sexual orientation, gender identity, absence of handicap, or
  268  marital status.
  269         (8) Notwithstanding any other provision of this section, it
  270  is not an unlawful employment practice under ss. 760.01-760.10
  271  for an employer, employment agency, labor organization, or joint
  272  labor-management committee to:
  273         (a) Take or fail to take any action on the basis of
  274  religion, sex, pregnancy, national origin, age, sexual
  275  orientation, gender identity, handicap, or marital status in
  276  those certain instances in which religion, sex, condition of
  277  pregnancy, national origin, age, sexual orientation, gender
  278  identity, absence of a particular handicap, or marital status is
  279  a bona fide occupational qualification reasonably necessary for
  280  the performance of the particular employment to which such
  281  action or inaction is related.
  282         (9)(a) This section does shall not apply to any religious
  283  corporation, association, educational institution, or society
  284  that which conditions opportunities in the area of employment or
  285  public accommodation to members of that religious corporation,
  286  association, educational institution, or society or to persons
  287  who subscribe to its tenets or beliefs.
  288         (b) This section does shall not prohibit a religious
  289  corporation, association, educational institution, or society
  290  from giving preference in employment to individuals of a
  291  particular religion to perform work connected with the carrying
  292  on by such corporations, associations, educational institutions,
  293  or societies of its various activities.
  294         (c) This section and s. 760.08 do not limit the free
  295  exercise of religion guaranteed by the United States
  296  Constitution and the State Constitution.
  297         (10) Each employer, employment agency, and labor
  298  organization shall post and keep posted in conspicuous places
  299  upon its premises a notice provided by the commission setting
  300  forth such information as the commission deems appropriate to
  301  effectuate the purposes of ss. 760.01-760.10.
  302         Section 9. Section 760.22, Florida Statutes, is amended to
  303  read:
  304         760.22 Definitions.—As used in ss. 760.20-760.37, the term:
  305         (1) “Commission” means the Florida Commission on Human
  306  Relations.
  307         (2) “Covered multifamily dwelling” means:
  308         (a) A building that which consists of four or more units
  309  and has an elevator; or
  310         (b) The ground floor units of a building that which
  311  consists of four or more units and does not have an elevator.
  312         (3) “Discriminatory housing practice” means an act that is
  313  unlawful under the terms of ss. 760.20-760.37.
  314         (4) “Dwelling” means any building or structure, or portion
  315  thereof, which is occupied as, or designed or intended for
  316  occupancy as, a residence by one or more families, and any
  317  vacant land that which is offered for sale or lease for the
  318  construction or location on the land of any such building or
  319  structure, or portion thereof.
  320         (5) “Familial status” is established when an individual who
  321  has not attained the age of 18 years is domiciled with:
  322         (a) A parent or other person having legal custody of such
  323  individual; or
  324         (b) A designee of a parent or other person having legal
  325  custody, with the written permission of such parent or other
  326  person.
  327         (6) “Family” includes a single individual.
  328         (7) “Gender identity” has the same meaning as provided in
  329  s. 760.02.
  330         (8)(7) “Handicap” means:
  331         (a) A person has a physical or mental impairment that which
  332  substantially limits one or more major life activities of a
  333  person who has, or he or she has a record of having, or is
  334  regarded as having that, such physical or mental impairment; or
  335         (b) A person has a developmental disability as defined in
  336  s. 393.063.
  337         (9)(8) “Person” includes one or more individuals,
  338  corporations, partnerships, associations, labor organizations,
  339  legal representatives, mutual companies, joint-stock companies,
  340  trusts, unincorporated organizations, trustees, trustees in
  341  bankruptcy, receivers, and fiduciaries.
  342         (10) “Sexual orientation” has the same meaning as provided
  343  in s. 760.02.
  344         (11)(9) “Substantially equivalent” means an administrative
  345  subdivision of the State of Florida meeting the requirements of
  346  24 C.F.R. part 115, s. 115.6.
  347         (12)(10) “To rent” includes to lease, to sublease, to let,
  348  and otherwise to grant for a consideration the right to occupy
  349  premises not owned by the occupant.
  350         Section 10. Subsections (1) through (5) of section 760.23,
  351  Florida Statutes, are amended to read:
  352         760.23 Discrimination in the sale or rental of housing and
  353  other prohibited practices.—
  354         (1) It is unlawful to refuse to sell or rent after the
  355  making of a bona fide offer, to refuse to negotiate for the sale
  356  or rental of, or otherwise to make unavailable or deny a
  357  dwelling to any person because of race, color, national origin,
  358  sex, sexual orientation, gender identity, handicap, familial
  359  status, or religion.
  360         (2) It is unlawful to discriminate against any person in
  361  the terms, conditions, or privileges of sale or rental of a
  362  dwelling, or in the provision of services or facilities in
  363  connection therewith, because of race, color, national origin,
  364  sex, sexual orientation, gender identity, handicap, familial
  365  status, or religion.
  366         (3) It is unlawful to make, print, or publish, or cause to
  367  be made, printed, or published, any notice, statement, or
  368  advertisement with respect to the sale or rental of a dwelling
  369  that indicates any preference, limitation, or discrimination
  370  based on race, color, national origin, sex, sexual orientation,
  371  gender identity, handicap, familial status, or religion or an
  372  intention to make any such preference, limitation, or
  373  discrimination.
  374         (4) It is unlawful to represent to any person because of
  375  race, color, national origin, sex, sexual orientation, gender
  376  identity, handicap, familial status, or religion that any
  377  dwelling is not available for inspection, sale, or rental when
  378  such dwelling is in fact so available.
  379         (5) It is unlawful, for profit, to induce or attempt to
  380  induce any person to sell or rent any dwelling by a
  381  representation regarding the entry or prospective entry into the
  382  neighborhood of a person or persons of a particular race, color,
  383  national origin, sex, sexual orientation, gender identity,
  384  handicap, familial status, or religion.
  385         Section 11. Section 760.24, Florida Statutes, is amended to
  386  read:
  387         760.24 Discrimination in the provision of brokerage
  388  services.—It is unlawful to deny any person access to, or
  389  membership or participation in, any multiple-listing service,
  390  real estate brokers’ organization, or other service,
  391  organization, or facility relating to the business of selling or
  392  renting dwellings, or to discriminate against him or her in the
  393  terms or conditions of such access, membership, or
  394  participation, because on account of race, color, national
  395  origin, sex, sexual orientation, gender identity, handicap,
  396  familial status, or religion.
  397         Section 12. Subsection (1) and paragraph (a) of subsection
  398  (2) of section 760.25, Florida Statutes, are amended to read:
  399         760.25 Discrimination in the financing of housing or in
  400  residential real estate transactions.—
  401         (1) It is unlawful for any bank, building and loan
  402  association, insurance company, or other corporation,
  403  association, firm, or enterprise the business of which consists
  404  in whole or in part of the making of commercial real estate
  405  loans to deny a loan or other financial assistance to a person
  406  applying for the loan for the purpose of purchasing,
  407  constructing, improving, repairing, or maintaining a dwelling,
  408  or to discriminate against him or her in the fixing of the
  409  amount, interest rate, duration, or other term or condition of
  410  such loan or other financial assistance, because of the race,
  411  color, national origin, sex, sexual orientation, gender
  412  identity, handicap, familial status, or religion of such person
  413  or of any person associated with him or her in connection with
  414  such loan or other financial assistance or the purposes of such
  415  loan or other financial assistance, or because of the race,
  416  color, national origin, sex, sexual orientation, gender
  417  identity, handicap, familial status, or religion of the present
  418  or prospective owners, lessees, tenants, or occupants of the
  419  dwelling or dwellings in relation to which such loan or other
  420  financial assistance is to be made or given.
  421         (2)(a) It is unlawful for any person or entity whose
  422  business includes engaging in residential real estate
  423  transactions to discriminate against any person in making
  424  available such a transaction, or in the terms or conditions of
  425  such a transaction, because of race, color, national origin,
  426  sex, sexual orientation, gender identity, handicap, familial
  427  status, or religion.
  428         Section 13. Section 760.26, Florida Statutes, is amended to
  429  read:
  430         760.26 Prohibited discrimination in land use decisions and
  431  in permitting of development.—It is unlawful to discriminate in
  432  land use decisions or in the permitting of development based on
  433  race, color, national origin, sex, sexual orientation, gender
  434  identity, disability, familial status, religion, or, except as
  435  otherwise provided by law, the source of financing of a
  436  development or proposed development.
  437         Section 14. Paragraph (a) of subsection (5) of section
  438  760.29, Florida Statutes, is amended to read:
  439         760.29 Exemptions.—
  440         (5) Nothing in ss. 760.20-760.37:
  441         (a) Prohibits a person engaged in the business of
  442  furnishing appraisals of real property from taking into
  443  consideration factors other than race, color, national origin,
  444  sex, sexual orientation, gender identity, handicap, familial
  445  status, or religion.
  446         Section 15. Subsection (1) of section 760.60, Florida
  447  Statutes, is amended to read:
  448         760.60 Discriminatory practices of certain clubs
  449  prohibited; remedies.—
  450         (1) It is unlawful for a person to discriminate against any
  451  individual because of race, color, religion, gender, national
  452  origin, handicap, age above the age of 21, sexual orientation,
  453  gender identity, or marital status in evaluating an application
  454  for membership in a club that has more than 400 members, that
  455  provides regular meal service, and that regularly receives
  456  payment for dues, fees, use of space, facilities, services,
  457  meals, or beverages directly or indirectly from nonmembers for
  458  business purposes. It is unlawful for a person, on behalf of
  459  such a club, to publish, circulate, issue, display, post, or
  460  mail any advertisement, notice, or solicitation that contains a
  461  statement to the effect that the accommodations, advantages,
  462  facilities, membership, or privileges of the club are denied to
  463  any individual because of race, color, religion, gender,
  464  national origin, handicap, age above the age of 21, sexual
  465  orientation, gender identity, or marital status. This subsection
  466  does not apply to fraternal or benevolent organizations, ethnic
  467  clubs, or religious organizations where business activity is not
  468  prevalent.
  469         Section 16. Paragraph (e) of subsection (1) of section
  470  419.001, Florida Statutes, is amended to read:
  471         419.001 Site selection of community residential homes.—
  472         (1) For the purposes of this section, the term:
  473         (e) “Resident” means any of the following: a frail elder as
  474  defined in s. 429.65; a person who has a handicap as defined in
  475  s. 760.22(8)(a) s. 760.22(7)(a); a person who has a
  476  developmental disability as defined in s. 393.063; a
  477  nondangerous person who has a mental illness as defined in s.
  478  394.455; or a child who is found to be dependent as defined in
  479  s. 39.01 or s. 984.03, or a child in need of services as defined
  480  in s. 984.03 or s. 985.03.
  481         Section 17. This act shall take effect July 1, 2020.