Florida Senate - 2020                                     SB 566
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00425A-20                                           2020566__
    1                        A bill to be entitled                      
    2         An act relating to prohibited discrimination;
    3         providing a short title; amending s. 420.516, F.S.;
    4         providing that it is unlawful for sponsors under the
    5         Florida Housing Finance Corporation Act to
    6         discriminate against any person or family because of a
    7         protected hairstyle; amending s. 760.01, F.S.;
    8         revising the purposes of the Florida Civil Rights Act
    9         of 1992 to conform to changes made by the act;
   10         reordering and amending s. 760.02, F.S.; defining the
   11         term “protected hairstyle”; amending s. 760.05, F.S.;
   12         revising the functions of the Florida Commission on
   13         Human Relations to conform to changes made by the act;
   14         amending s. 760.07, F.S.; revising provisions
   15         regarding remedies for unlawful discrimination to
   16         conform to changes made by the act; amending s.
   17         760.10, F.S.; adding protected hairstyle as
   18         impermissible grounds for discrimination with respect
   19         to specified unlawful employment practices; amending
   20         s. 760.23, F.S.; adding protected hairstyle as
   21         impermissible grounds for discrimination with respect
   22         to specified unlawful practices relating to the sale
   23         and rental of housing; amending s. 760.25, F.S.;
   24         adding protected hairstyle as impermissible grounds
   25         for discrimination with respect to specified practices
   26         relating to the financing of housing and real estate
   27         transactions; amending s. 1000.05, F.S.; defining the
   28         term “protected hairstyle”; prohibiting discrimination
   29         based on protected hairstyle in the Florida K-20
   30         public education system; amending s. 1002.20, F.S.;
   31         conforming a provision to changes made by the act;
   32         reenacting s. 420.5087(6)(i), F.S., relating to the
   33         State Apartment Incentive Loan Program, to incorporate
   34         the amendments made to s. 420.516, F.S.; providing an
   35         effective date.
   36  
   37         WHEREAS, the history of our nation has been riddled with
   38  laws and societal norms that equated “blackness” and its
   39  associated physical traits as inferior to European physical
   40  features, and
   41         WHEREAS, this idea also permeates a societal understanding
   42  of professionalism that was, and still is, closely linked to
   43  European features and mannerisms and which entails that those
   44  who do not naturally conform to Eurocentric norms must alter
   45  their appearance to meet such norms and be considered
   46  professional, and
   47         WHEREAS, hair has been, and remains, a rampant source of
   48  racial discrimination that has caused serious economic and
   49  health ramifications, and
   50         WHEREAS, workplace and school dress code policies that
   51  prohibit natural hair, including afros, and certain hairstyles,
   52  such as braids, twists, and locks, have a disparate impact on
   53  black individuals as these policies are more likely to burden or
   54  punish black employees and students compared to other groups,
   55  and
   56         WHEREAS, federal courts accept that Title VII of the Civil
   57  Rights Act of 1964 prohibits discrimination based on race, and
   58  therefore protects against discrimination against afros, and
   59         WHEREAS, afros are not the only natural presentation of
   60  black hair because black hair can also be naturally presented in
   61  styles such as braids, twists, and locks, NOW, THEREFORE,
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. This act may be cited as the “Creating a
   66  Respectful and Open World for Natural Hair Act” or “CROWN Act.”
   67         Section 2. Section 420.516, Florida Statutes, is amended to
   68  read:
   69         420.516 Discrimination prohibited.—It is an unlawful
   70  practice for a sponsor, while bonds are outstanding for the
   71  purpose of funding or financing the sponsor’s project, to
   72  discriminate against any person or family because of race,
   73  color, religion, sex, national origin, protected hairstyle as
   74  defined in s. 760.02, or marital status.
   75         Section 3. Subsection (2) of section 760.01, Florida
   76  Statutes, is amended, and subsection (1) of that section is
   77  republished, to read:
   78         760.01 Purposes; construction; title.—
   79         (1) Sections 760.01-760.11 and 509.092 shall be cited as
   80  the “Florida Civil Rights Act of 1992.”
   81         (2) The general purposes of the Florida Civil Rights Act of
   82  1992 are to secure for all individuals within the state freedom
   83  from discrimination because of race, color, religion, sex,
   84  pregnancy, national origin, age, protected hairstyle, handicap,
   85  or marital status and thereby to protect their interest in
   86  personal dignity, to make available to the state their full
   87  productive capacities, to secure the state against domestic
   88  strife and unrest, to preserve the public safety, health, and
   89  general welfare, and to promote the interests, rights, and
   90  privileges of individuals within the state.
   91         Section 4. Section 760.02, Florida Statutes, is reordered
   92  and amended to read:
   93         760.02 Definitions.—For the purposes of ss. 760.01-760.11
   94  and 509.092, the term:
   95         (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
   96  760.11 and 509.092.
   97         (2) “Commission” means the Florida Commission on Human
   98  Relations created by s. 760.03.
   99         (3) “Commissioner” or “member” means a member of the
  100  commission.
  101         (4) “Discriminatory practice” means any practice made
  102  unlawful by the Florida Civil Rights Act of 1992.
  103         (9)(5) “National origin” includes ancestry.
  104         (10)(6) “Person” includes an individual, association,
  105  corporation, joint apprenticeship committee, joint-stock
  106  company, labor union, legal representative, mutual company,
  107  partnership, receiver, trust, trustee in bankruptcy, or
  108  unincorporated organization; any other legal or commercial
  109  entity; the state; or any governmental entity or agency.
  110         (5)(7) “Employer” means any person employing 15 or more
  111  employees for each working day in each of 20 or more calendar
  112  weeks in the current or preceding calendar year, and any agent
  113  of such a person.
  114         (6)(8) “Employment agency” means any person regularly
  115  undertaking, with or without compensation, to procure employees
  116  for an employer or to procure for employees opportunities to
  117  work for an employer, and includes an agent of such a person.
  118         (11) “Protected hairstyle” means hair characteristics
  119  historically associated with race, such as hair texture and
  120  styles, including, but not limited to, braids, locks, or twists.
  121         (8)(9) “Labor organization” means any organization that
  122  which exists for the purpose, in whole or in part, of collective
  123  bargaining or of dealing with employers concerning grievances,
  124  terms or conditions of employment, or other mutual aid or
  125  protection in connection with employment.
  126         (1)(10) “Aggrieved person” means any person who files a
  127  complaint with the Florida Commission on Human Relations
  128  Commission.
  129         (12)(11) “Public accommodations” means places of public
  130  accommodation, lodgings, facilities principally engaged in
  131  selling food for consumption on the premises, gasoline stations,
  132  places of exhibition or entertainment, and other covered
  133  establishments. Each of the following establishments which
  134  serves the public is a place of public accommodation within the
  135  meaning of this section:
  136         (a) Any inn, hotel, motel, or other establishment that
  137  which provides lodging to transient guests, other than an
  138  establishment located within a building that which contains not
  139  more than four rooms for rent or hire and that which is actually
  140  occupied by the proprietor of such establishment as his or her
  141  residence.
  142         (b) Any restaurant, cafeteria, lunchroom, lunch counter,
  143  soda fountain, or other facility principally engaged in selling
  144  food for consumption on the premises, including, but not limited
  145  to, any such facility located on the premises of any retail
  146  establishment, or any gasoline station.
  147         (c) Any motion picture theater, theater, concert hall,
  148  sports arena, stadium, or other place of exhibition or
  149  entertainment.
  150         (d) Any establishment that which is physically located
  151  within the premises of any establishment otherwise covered by
  152  this subsection, or within the premises of which is physically
  153  located any such covered establishment, and that which holds
  154  itself out as serving patrons of such covered establishment.
  155         Section 5. Section 760.05, Florida Statutes, is amended to
  156  read:
  157         760.05 Functions of the commission.—The commission shall
  158  promote and encourage fair treatment and equal opportunity for
  159  all persons regardless of race, color, religion, sex, pregnancy,
  160  national origin, age, protected hairstyle, handicap, or marital
  161  status and mutual understanding and respect among all members of
  162  all economic, social, racial, religious, and ethnic groups; and
  163  shall endeavor to eliminate discrimination against, and
  164  antagonism between, religious, racial, and ethnic groups and
  165  their members.
  166         Section 6. Section 760.07, Florida Statutes, is amended to
  167  read:
  168         760.07 Remedies for unlawful discrimination.—Any violation
  169  of any state law Florida statute making unlawful discrimination
  170  because of race, color, religion, gender, pregnancy, national
  171  origin, age, protected hairstyle, handicap, or marital status in
  172  the areas of education, employment, housing, or public
  173  accommodations gives rise to a cause of action for all relief
  174  and damages described in s. 760.11(5), unless greater damages
  175  are expressly provided for. If the statute prohibiting unlawful
  176  discrimination provides an administrative remedy, the action for
  177  equitable relief and damages provided for in this section may be
  178  initiated only after the plaintiff has exhausted his or her
  179  administrative remedy. The term “public accommodations” does not
  180  include lodge halls or other similar facilities of private
  181  organizations which are made available for public use
  182  occasionally or periodically. The right to trial by jury is
  183  preserved in any case in which the plaintiff is seeking actual
  184  or punitive damages.
  185         Section 7. Subsections (1) and (2), paragraphs (a) and (b)
  186  of subsection (3), subsections (4), (5), and (6), paragraph (a)
  187  of subsection (8), and subsection (9) of section 760.10, Florida
  188  Statutes, are amended, and subsection (10) of that section is
  189  republished, to read:
  190         760.10 Unlawful employment practices.—
  191         (1) It is an unlawful employment practice for an employer:
  192         (a) To discharge or to fail or refuse to hire any
  193  individual, or otherwise to discriminate against any individual
  194  with respect to compensation, terms, conditions, or privileges
  195  of employment, because of such individual’s race, color,
  196  religion, sex, pregnancy, national origin, age, protected
  197  hairstyle, handicap, or marital status.
  198         (b) To limit, segregate, or classify employees or
  199  applicants for employment in any way that which would deprive or
  200  tend to deprive any individual of employment opportunities, or
  201  adversely affect any individual’s status as an employee, because
  202  of such individual’s race, color, religion, sex, pregnancy,
  203  national origin, age, protected hairstyle, handicap, or marital
  204  status.
  205         (2) It is an unlawful employment practice for an employment
  206  agency to fail or refuse to refer for employment, or otherwise
  207  to discriminate against, any individual because of race, color,
  208  religion, sex, pregnancy, national origin, age, protected
  209  hairstyle, handicap, or marital status or to classify or refer
  210  for employment any individual on the basis of race, color,
  211  religion, sex, pregnancy, national origin, age, protected
  212  hairstyle, handicap, or marital status.
  213         (3) It is an unlawful employment practice for a labor
  214  organization:
  215         (a) To exclude or to expel from its membership, or
  216  otherwise to discriminate against, any individual because of
  217  race, color, religion, sex, pregnancy, national origin, age,
  218  protected hairstyle, handicap, or marital status.
  219         (b) To limit, segregate, or classify its membership or
  220  applicants for membership, or to classify or fail or refuse to
  221  refer for employment any individual, in any way that would
  222  deprive or tend to deprive any individual of employment
  223  opportunities, or adversely affect any individual’s status as an
  224  employee or as an applicant for employment, because of such
  225  individual’s race, color, religion, sex, pregnancy, national
  226  origin, age, protected hairstyle, handicap, or marital status.
  227         (4) It is an unlawful employment practice for any employer,
  228  labor organization, or joint labor-management committee
  229  controlling apprenticeship or other training or retraining,
  230  including on-the-job training programs, to discriminate against
  231  any individual because of race, color, religion, sex, pregnancy,
  232  national origin, age, protected hairstyle, handicap, or marital
  233  status in admission to, or employment in, any program
  234  established to provide apprenticeship or other training.
  235         (5) Whenever, in order to engage in a profession,
  236  occupation, or trade, it is required that a person receive a
  237  license, certification, or other credential;, become a member or
  238  an associate of any club, association, or other organization;,
  239  or pass any examination, it is an unlawful employment practice
  240  for any person to discriminate against any other person seeking
  241  such license, certification, or other credential;, seeking to
  242  become a member or associate of such club, association, or other
  243  organization;, or seeking to take or pass such examination,
  244  because of such other person’s race, color, religion, sex,
  245  pregnancy, national origin, age, protected hairstyle, handicap,
  246  or marital status.
  247         (6) It is an unlawful employment practice for an employer,
  248  a labor organization, an employment agency, or a joint labor
  249  management committee to print, or cause to be printed or
  250  published, any notice or advertisement relating to employment,
  251  membership, classification, referral for employment, or
  252  apprenticeship or other training which indicates, indicating any
  253  preference, limitation, specification, or discrimination, based
  254  on race, color, religion, sex, pregnancy, national origin, age,
  255  protected hairstyle, absence of handicap, or marital status.
  256         (8) Notwithstanding any other provision of this section, it
  257  is not an unlawful employment practice under ss. 760.01-760.10
  258  for an employer, employment agency, labor organization, or joint
  259  labor-management committee to:
  260         (a) Take or fail to take any action on the basis of
  261  religion, sex, pregnancy, national origin, age, protected
  262  hairstyle, handicap, or marital status in those certain
  263  instances in which religion, sex, condition of pregnancy,
  264  national origin, age, protected hairstyle, absence of a
  265  particular handicap, or marital status is a bona fide
  266  occupational qualification reasonably necessary for the
  267  performance of the particular employment to which such action or
  268  inaction is related.
  269         (9)(a) This section does shall not apply to any religious
  270  corporation, association, educational institution, or society
  271  that which conditions opportunities in the area of employment or
  272  public accommodation to members of that religious corporation,
  273  association, educational institution, or society or to persons
  274  who subscribe to its tenets or beliefs.
  275         (b) This section does shall not prohibit a religious
  276  corporation, association, educational institution, or society
  277  from giving preference in employment to individuals of a
  278  particular religion to perform work connected with the carrying
  279  on by such corporations, associations, educational institutions,
  280  or societies of its various activities.
  281         (10) Each employer, employment agency, and labor
  282  organization shall post and keep posted in conspicuous places
  283  upon its premises a notice provided by the commission setting
  284  forth such information as the commission deems appropriate to
  285  effectuate the purposes of ss. 760.01-760.10.
  286         Section 8. Subsections (1) through (5) of section 760.23,
  287  Florida Statutes, are amended to read:
  288         760.23 Discrimination in the sale or rental of housing and
  289  other prohibited practices.—
  290         (1) It is unlawful to refuse to sell or rent after the
  291  making of a bona fide offer, to refuse to negotiate for the sale
  292  or rental of, or otherwise to make unavailable or deny a
  293  dwelling to any person because of race, color, national origin,
  294  sex, handicap, familial status, protected hairstyle as defined
  295  in s. 760.02, or religion.
  296         (2) It is unlawful to discriminate against any person in
  297  the terms, conditions, or privileges of sale or rental of a
  298  dwelling, or in the provision of services or facilities in
  299  connection therewith, because of race, color, national origin,
  300  sex, handicap, familial status, protected hairstyle as defined
  301  in s. 760.02, or religion.
  302         (3) It is unlawful to make, print, or publish, or cause to
  303  be made, printed, or published, any notice, statement, or
  304  advertisement with respect to the sale or rental of a dwelling
  305  which that indicates any preference, limitation, or
  306  discrimination based on race, color, national origin, sex,
  307  handicap, familial status, protected hairstyle as defined in s.
  308  760.02, or religion or an intention to make any such preference,
  309  limitation, or discrimination.
  310         (4) It is unlawful to represent to any person because of
  311  race, color, national origin, sex, handicap, familial status,
  312  protected hairstyle as defined in s. 760.02, or religion that
  313  any dwelling is not available for inspection, sale, or rental
  314  when such dwelling is in fact so available.
  315         (5) It is unlawful, for profit, to induce or attempt to
  316  induce any person to sell or rent any dwelling by a
  317  representation regarding the entry or prospective entry into the
  318  neighborhood of a person or persons of a particular race, color,
  319  national origin, sex, handicap, familial status, protected
  320  hairstyle as defined in s. 760.02, or religion.
  321         Section 9. Section 760.25, Florida Statutes, is amended to
  322  read:
  323         760.25 Discrimination in the financing of housing or in
  324  residential real estate transactions.—
  325         (1) It is unlawful for any bank, building and loan
  326  association, insurance company, or other corporation,
  327  association, firm, or enterprise the business of which consists
  328  in whole or in part of the making of commercial real estate
  329  loans to deny a loan or other financial assistance to a person
  330  applying for the loan for the purpose of purchasing,
  331  constructing, improving, repairing, or maintaining a dwelling,
  332  or to discriminate against him or her in the fixing of the
  333  amount, interest rate, duration, or other term or condition of
  334  such loan or other financial assistance, because of the race,
  335  color, national origin, sex, handicap, familial status,
  336  protected hairstyle as defined in s. 760.02, or religion of such
  337  person or of any person associated with him or her in connection
  338  with such loan or other financial assistance or the purposes of
  339  such loan or other financial assistance, or because of the race,
  340  color, national origin, sex, handicap, familial status,
  341  protected hairstyle as defined in s. 760.02, or religion of the
  342  present or prospective owners, lessees, tenants, or occupants of
  343  the dwelling or dwellings in relation to which such loan or
  344  other financial assistance is to be made or given.
  345         (2)(a) It is unlawful for any person or entity whose
  346  business includes engaging in residential real estate
  347  transactions to discriminate against any person in making
  348  available such a transaction, or in the terms or conditions of
  349  such a transaction, because of race, color, national origin,
  350  sex, handicap, familial status, protected hairstyle as defined
  351  in s. 760.02, or religion.
  352         (b) As used in this subsection, the term “residential real
  353  estate transaction” means any of the following:
  354         1. The making or purchasing of loans or providing other
  355  financial assistance:
  356         a. For purchasing, constructing, improving, repairing, or
  357  maintaining a dwelling; or
  358         b. Secured by residential real estate.
  359         2. The selling, brokering, or appraising of residential
  360  real property.
  361         Section 10. Subsection (2) of section 1000.05, Florida
  362  Statutes, is amended to read:
  363         1000.05 Discrimination against students and employees in
  364  the Florida K-20 public education system prohibited; equality of
  365  access required.—
  366         (2)(a) As used in this section, the term “protected
  367  hairstyle” has the same meaning as in s. 760.02.
  368         (b) Discrimination on the basis of race, ethnicity,
  369  protected hairstyle, national origin, gender, disability,
  370  religion, or marital status against a student or an employee in
  371  the state system of public K-20 education is prohibited. No
  372  person in this state shall, on the basis of race, ethnicity,
  373  protected hairstyle, national origin, gender, disability,
  374  religion, or marital status, be excluded from participation in,
  375  be denied the benefits of, or be subjected to discrimination
  376  under any public K-20 education program or activity, or in any
  377  employment conditions or practices, conducted by a public
  378  educational institution that receives or benefits from federal
  379  or state financial assistance.
  380         (c)(b) The criteria for admission to a program or course
  381  shall not have the effect of restricting access by persons of a
  382  particular race, ethnicity, protected hairstyle, national
  383  origin, gender, disability, religion, or marital status.
  384         (d)(c) All public K-20 education classes shall be available
  385  to all students without regard to race, ethnicity, protected
  386  hairstyle, national origin, gender, disability, religion, or
  387  marital status; however, this is not intended to eliminate the
  388  provision of programs designed to meet the needs of students
  389  with limited proficiency in English, gifted students, or
  390  students with disabilities or programs tailored to students with
  391  specialized talents or skills.
  392         (e)(d) Students may be separated by gender for a single
  393  gender program as provided under s. 1002.311, for any portion of
  394  a class that deals with human reproduction, or during
  395  participation in bodily contact sports. For the purpose of this
  396  section, bodily contact sports include wrestling, boxing, rugby,
  397  ice hockey, football, basketball, and other sports in which the
  398  purpose or major activity involves bodily contact.
  399         (f)(e) Guidance services, counseling services, and
  400  financial assistance services in the state public K-20 education
  401  system shall be available to students equally. Guidance and
  402  counseling services, materials, and promotional events shall
  403  stress access to academic and career opportunities for students
  404  without regard to race, ethnicity, protected hairstyle, national
  405  origin, gender, disability, religion, or marital status.
  406         Section 11. Subsection (7) of section 1002.20, Florida
  407  Statutes, is amended to read:
  408         1002.20 K-12 student and parent rights.—Parents of public
  409  school students must receive accurate and timely information
  410  regarding their child’s academic progress and must be informed
  411  of ways they can help their child to succeed in school. K-12
  412  students and their parents are afforded numerous statutory
  413  rights including, but not limited to, the following:
  414         (7) NONDISCRIMINATION.—All education programs, activities,
  415  and opportunities offered by public educational institutions
  416  must be made available without discrimination on the basis of
  417  race, ethnicity, protected hairstyle as defined in s. 1000.05,
  418  national origin, gender, disability, religion, or marital
  419  status, in accordance with the provisions of s. 1000.05.
  420         Section 12. For the purpose of incorporating the amendment
  421  made by this act to section 420.516, Florida Statutes, in a
  422  reference thereto, paragraph (i) of subsection (6) of section
  423  420.5087, Florida Statutes, is reenacted to read:
  424         420.5087 State Apartment Incentive Loan Program.—There is
  425  hereby created the State Apartment Incentive Loan Program for
  426  the purpose of providing first, second, or other subordinated
  427  mortgage loans or loan guarantees to sponsors, including for
  428  profit, nonprofit, and public entities, to provide housing
  429  affordable to very-low-income persons.
  430         (6) On all state apartment incentive loans, except loans
  431  made to housing communities for the elderly to provide for
  432  lifesafety, building preservation, health, sanitation, or
  433  security-related repairs or improvements, the following
  434  provisions shall apply:
  435         (i) The discrimination provisions of s. 420.516 shall apply
  436  to all loans.
  437         Section 13. This act shall take effect July 1, 2020.