Florida Senate - 2020 SB 644 By Senator Braynon 35-00896A-20 2020644__ 1 A bill to be entitled 2 An act relating to the Florida Civil Rights Act; 3 amending s. 509.092, F.S.; prohibiting discrimination 4 on the basis of height or weight in public lodging and 5 food service establishments; amending s. 760.01, F.S.; 6 revising the general purpose of the Florida Civil 7 Rights Act of 1992; amending s. 760.05, F.S.; revising 8 the function of the Florida Commission on Human 9 Relations; amending s. 760.07, F.S.; providing civil 10 and administrative remedies for discrimination on the 11 basis of height or weight; amending s. 760.08, F.S.; 12 prohibiting discrimination on the basis of height or 13 weight in places of public accommodation; amending s. 14 760.10, F.S.; prohibiting employment discrimination on 15 the basis of height or weight; prohibiting 16 discrimination on the basis of height or weight by 17 employment agencies, labor organizations, and joint 18 labor-management committees; prohibiting 19 discrimination on the basis of height or weight in 20 occupational licensing, certification, and membership 21 organizations; providing an exception to unlawful 22 employment practices based on height or weight; 23 reenacting s. 760.11(1), F.S., relating to 24 administrative and civil remedies for violations of 25 the Florida Civil Rights Act of 1992, to incorporate 26 the amendments made to s. 760.10(5), F.S., in a 27 reference thereto; providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Section 509.092, Florida Statutes, is amended to 32 read: 33 509.092 Public lodging establishments and public food 34 service establishments; rights as private enterprises.—Public 35 lodging establishments and public food service establishments 36 are private enterprises, and the operator has the right to 37 refuse accommodations or service to any person who is 38 objectionable or undesirable to the operator, but such refusal 39 may not be based upon race, creed, color, sex, height, weight, 40 pregnancy, physical disability, or national origin. A person 41 aggrieved by a violation of this section or a violation of a 42 rule adopted under this section has a right of action pursuant 43 to s. 760.11. 44 Section 2. Subsection (2) of section 760.01, Florida 45 Statutes, is amended to read: 46 760.01 Purposes; construction; title.— 47 (2) The general purposes of the Florida Civil Rights Act of 48 1992 are to secure for all individuals within the state freedom 49 from discrimination because of race, color, religion, sex, 50 height, weight, pregnancy, national origin, age, handicap, or 51 marital status and thereby to protect their interest in personal 52 dignity, to make available to the state their full productive 53 capacities, to secure the state against domestic strife and 54 unrest, to preserve the public safety, health, and general 55 welfare, and to promote the interests, rights, and privileges of 56 individuals within the state. 57 Section 3. Section 760.05, Florida Statutes, is amended to 58 read: 59 760.05 Functions of the commission.—The commission shall 60 promote and encourage fair treatment and equal opportunity for 61 all persons regardless of race, color, religion, sex, height, 62 weight, pregnancy, national origin, age, handicap, or marital 63 status and mutual understanding and respect among all members of 64 all economic, social, racial, religious, and ethnic groups; and 65 shall endeavor to eliminate discrimination against, and 66 antagonism between, religious, racial, and ethnic groups and 67 their members. 68 Section 4. Section 760.07, Florida Statutes, is amended to 69 read: 70 760.07 Remedies for unlawful discrimination.—Any violation 71 of any Florida statute making unlawful discrimination because of 72 race, color, religion, gender, height, weight, pregnancy, 73 national origin, age, handicap, or marital status in the areas 74 of education, employment, housing, or public accommodations 75 gives rise to a cause of action for all relief and damages 76 described in s. 760.11(5), unless greater damages are expressly 77 provided for. If the statute prohibiting unlawful discrimination 78 provides an administrative remedy, the action for equitable 79 relief and damages provided for in this section may be initiated 80 only after the plaintiff has exhausted his or her administrative 81 remedy. The term “public accommodations” does not include lodge 82 halls or other similar facilities of private organizations which 83 are made available for public use occasionally or periodically. 84 The right to trial by jury is preserved in any case in which the 85 plaintiff is seeking actual or punitive damages. 86 Section 5. Section 760.08, Florida Statutes, is amended to 87 read: 88 760.08 Discrimination in places of public accommodation. 89 All persons are entitled to the full and equal enjoyment of the 90 goods, services, facilities, privileges, advantages, and 91 accommodations of any place of public accommodation without 92 discrimination or segregation on the ground of race, color, 93 national origin, sex, height, weight, pregnancy, handicap, 94 familial status, or religion. 95 Section 6. Subsections (1) and (2), paragraphs (a) and (b) 96 of subsection (3), subsections (4), (5), and (6), and paragraph 97 (a) of subsection (8) of section 760.10, Florida Statutes, are 98 amended to read: 99 760.10 Unlawful employment practices.— 100 (1) It is an unlawful employment practice for an employer: 101 (a) To discharge or to fail or refuse to hire any 102 individual, or otherwise to discriminate against any individual 103 with respect to compensation, terms, conditions, or privileges 104 of employment, because of such individual’s race, color, 105 religion, sex, height, weight, pregnancy, national origin, age, 106 handicap, or marital status. 107 (b) To limit, segregate, or classify employees or 108 applicants for employment in any way which would deprive or tend 109 to deprive any individual of employment opportunities, or 110 adversely affect any individual’s status as an employee, because 111 of such individual’s race, color, religion, sex, height, weight, 112 pregnancy, national origin, age, handicap, or marital status. 113 (2) It is an unlawful employment practice for an employment 114 agency to fail or refuse to refer for employment, or otherwise 115 to discriminate against, any individual because of race, color, 116 religion, sex, height, weight, pregnancy, national origin, age, 117 handicap, or marital status or to classify or refer for 118 employment any individual on the basis of race, color, religion, 119 sex, height, weight, pregnancy, national origin, age, handicap, 120 or marital status. 121 (3) It is an unlawful employment practice for a labor 122 organization: 123 (a) To exclude or to expel from its membership, or 124 otherwise to discriminate against, any individual because of 125 race, color, religion, sex, height, weight, pregnancy, national 126 origin, age, handicap, or marital status. 127 (b) To limit, segregate, or classify its membership or 128 applicants for membership, or to classify or fail or refuse to 129 refer for employment any individual, in any way that would 130 deprive or tend to deprive any individual of employment 131 opportunities, or adversely affect any individual’s status as an 132 employee or as an applicant for employment, because of such 133 individual’s race, color, religion, sex, height, weight, 134 pregnancy, national origin, age, handicap, or marital status. 135 (4) It is an unlawful employment practice for any employer, 136 labor organization, or joint labor-management committee 137 controlling apprenticeship or other training or retraining, 138 including on-the-job training programs, to discriminate against 139 any individual because of race, color, religion, sex, height, 140 weight, pregnancy, national origin, age, handicap, or marital 141 status in admission to, or employment in, any program 142 established to provide apprenticeship or other training. 143 (5) Whenever, in order to engage in a profession, 144 occupation, or trade, it is required that a person receive a 145 license, certification, or other credential, become a member or 146 an associate of any club, association, or other organization, or 147 pass any examination, it is an unlawful employment practice for 148 any person to discriminate against any other person seeking such 149 license, certification, or other credential, seeking to become a 150 member or associate of such club, association, or other 151 organization, or seeking to take or pass such examination, 152 because of such other person’s race, color, religion, sex, 153 height, weight, pregnancy, national origin, age, handicap, or 154 marital status. 155 (6) It is an unlawful employment practice for an employer, 156 labor organization, employment agency, or joint labor-management 157 committee to print, or cause to be printed or published, any 158 notice or advertisement relating to employment, membership, 159 classification, referral for employment, or apprenticeship or 160 other training, indicating any preference, limitation, 161 specification, or discrimination, based on race, color, 162 religion, sex, height, weight, pregnancy, national origin, age, 163 absence of handicap, or marital status. 164 (8) Notwithstanding any other provision of this section, it 165 is not an unlawful employment practice under ss. 760.01-760.10 166 for an employer, employment agency, labor organization, or joint 167 labor-management committee to: 168 (a) Take or fail to take any action on the basis of 169 religion, sex, height, weight, pregnancy, national origin, age, 170 handicap, or marital status in those certain instances in which 171 religion, sex, height, weight, condition of pregnancy, national 172 origin, age, absence of a particular handicap, or marital status 173 is a bona fide occupational qualification reasonably necessary 174 for the performance of the particular employment to which such 175 action or inaction is related. 176 Section 7. For the purpose of incorporating the amendment 177 made by this act to section 760.10(5), Florida Statutes, in a 178 reference thereto, subsection (1) of section 760.11, Florida 179 Statutes, is reenacted to read: 180 760.11 Administrative and civil remedies; construction.— 181 (1) Any person aggrieved by a violation of ss. 760.01 182 760.10 may file a complaint with the commission within 365 days 183 of the alleged violation, naming the employer, employment 184 agency, labor organization, or joint labor-management committee, 185 or, in the case of an alleged violation of s. 760.10(5), the 186 person responsible for the violation and describing the 187 violation. Any person aggrieved by a violation of s. 509.092 may 188 file a complaint with the commission within 365 days of the 189 alleged violation naming the person responsible for the 190 violation and describing the violation. The commission, a 191 commissioner, or the Attorney General may in like manner file 192 such a complaint. On the same day the complaint is filed with 193 the commission, the commission shall clearly stamp on the face 194 of the complaint the date the complaint was filed with the 195 commission. In lieu of filing the complaint with the commission, 196 a complaint under this section may be filed with the federal 197 Equal Employment Opportunity Commission or with any unit of 198 government of the state which is a fair-employment-practice 199 agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the 200 complaint is filed is clearly stamped on the face of the 201 complaint, that date is the date of filing. The date the 202 complaint is filed with the commission for purposes of this 203 section is the earliest date of filing with the Equal Employment 204 Opportunity Commission, the fair-employment-practice agency, or 205 the commission. The complaint shall contain a short and plain 206 statement of the facts describing the violation and the relief 207 sought. The commission may require additional information to be 208 in the complaint. The commission, within 5 days of the complaint 209 being filed, shall by registered mail send a copy of the 210 complaint to the person who allegedly committed the violation. 211 The person who allegedly committed the violation may file an 212 answer to the complaint within 25 days of the date the complaint 213 was filed with the commission. Any answer filed shall be mailed 214 to the aggrieved person by the person filing the answer. Both 215 the complaint and the answer shall be verified. 216 Section 8. This act shall take effect July 1, 2020.