Florida Senate - 2024                                     SB 680
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00113-24                                            2024680__
    1                        A bill to be entitled                      
    2         An act relating to protection of medical freedom;
    3         amending s. 381.003, F.S.; prohibiting the Department
    4         of Health from requiring enrollment in the state’s
    5         immunization registry or otherwise requiring persons
    6         to submit to immunization tracking; prohibiting the
    7         department from including a person’s immunization
    8         records in any interstate or federal immunization
    9         tracking system or otherwise giving an entity access
   10         to a person’s immunization records without first
   11         obtaining written informed consent from the person or
   12         person’s parent or guardian, as applicable; making
   13         technical changes; amending s. 381.00316, F.S.;
   14         revising and deleting definitions; prohibiting
   15         business entities from requiring individuals to
   16         provide proof of vaccination or postinfection recovery
   17         from any communicable disease to gain access to, entry
   18         upon, or service from such entities; prohibiting a
   19         business entity from requiring individuals currently
   20         employed or seeking employment with that business to
   21         provide proof of vaccination or postinfection recovery
   22         from any communicable disease; prohibiting health care
   23         providers from discriminating in providing health care
   24         to a patient based solely on his or her vaccination
   25         status; prohibiting governmental entities from
   26         requiring that individuals show proof of vaccination
   27         or postinfection recovery from any communicable
   28         disease or requiring a certain test in order to gain
   29         access to, entry upon, or service from that
   30         governmental entity’s operations, or for employment,
   31         continued employment, or contracting with the
   32         governmental entity; reordering and amending s.
   33         381.00319, F.S.; conforming provisions to changes made
   34         by the act; amending s. 420.9075, F.S.; adding a
   35         person’s vaccination and immunity status to the
   36         prohibited forms of discrimination by local housing
   37         assistance plans; creating s. 448.077, F.S.; defining
   38         terms; prohibiting employers from refusing employment
   39         to, or discharging, disciplining, demoting, or
   40         otherwise discriminating against, an individual solely
   41         on the basis of vaccination or immunity status;
   42         creating a right of action for aggrieved individuals;
   43         providing for relief; creating ss. 626.9708, 627.6441,
   44         627.6614, and 641.31078, F.S.; defining the term
   45         “vaccination or immunity status”; specifying
   46         prohibited discriminatory practices in the provision
   47         of life and disability insurance policies, health
   48         insurance policies, group health insurance policies,
   49         and health maintenance contracts, respectively;
   50         providing construction; amending s. 760.01, F.S.;
   51         revising the purposes of the Florida Civil Rights Act
   52         of 1992 to include discrimination protection for
   53         vaccination or immunity status; reordering and
   54         amending s. 760.02, F.S.; defining the term
   55         “vaccination or immunity status”; amending s. 760.05,
   56         F.S.; revising the functions of the Florida Commission
   57         on Human Relations to conform to changes made by the
   58         act; amending s. 760.07, F.S.; revising provisions
   59         regarding remedies for unlawful discrimination to
   60         conform to changes made by the act; amending s.
   61         760.08, F.S.; prohibiting places of public
   62         accommodation from discriminating on the basis of
   63         vaccination or immunity status; amending s. 760.10,
   64         F.S.; prohibiting employers from engaging in specified
   65         discriminatory employment practices on the basis of a
   66         person’s vaccination or immunity status; providing an
   67         exception; amending s. 760.22, F.S.; defining the term
   68         “vaccination or immunity status”; amending ss. 760.23,
   69         760.24, 760.25, and 760.26, F.S.; prohibiting
   70         discrimination on the basis of a person’s vaccination
   71         or immunity status in the sale or rental of housing,
   72         the provision of brokerage services, the financing of
   73         housing or residential real estate transactions, and
   74         land use decisions or permitting of development,
   75         respectively; amending s. 760.29, F.S.; revising an
   76         exemption from the Fair Housing Act regarding the
   77         appraisal of real property to conform to changes made
   78         by the act; amending s. 760.60, F.S.; prohibiting
   79         certain clubs from engaging in specified
   80         discriminatory practices on the basis of a person’s
   81         vaccination or immunity status; amending s. 1002.20,
   82         F.S.; conforming provisions to changes made by the
   83         act; amending s. 1003.22, F.S.; prohibiting the
   84         Department of Health from requiring, as a school-entry
   85         requirement, that children receive immunizations
   86         approved only for emergency use; reenacting s.
   87         381.00318(1), F.S., relating to complaints alleging
   88         violations, to incorporate the amendments made to s.
   89         381.00316, F.S., in a reference thereto; reenacting s.
   90         760.11(1), F.S., relating to administrative and civil
   91         remedies, to incorporate the amendments made to ss.
   92         760.01 and 760.02, F.S., in references thereto;
   93         reenacting s. 760.11(15), F.S., relating to discharge
   94         of a person employed by the state or any governmental
   95         entity or agency, to incorporate the amendments made
   96         to s. 760.10, F.S., in a reference thereto; reenacting
   97         ss. 760.20, 760.30, 760.31(4) and (5), 760.34(1), (3),
   98         (4), and (7), 760.35(1) and (5)(a), and 760.37, F.S.,
   99         relating to a short title, authority of the Florida
  100         Commission of Human Relations, powers and duties of
  101         the commission, enforcement of penalties for housing
  102         discrimination violations, commencement of a civil
  103         action for persons alleging discriminatory housing
  104         practices, and penalties for interfering with a
  105         person’s rights, respectively, to incorporate the
  106         amendments made to ss. 760.25 and 760.26, F.S., in
  107         references thereto; reenacting s. 1002.42(6)(a), F.S.,
  108         relating to immunization requirements for private
  109         school governing authorities, to incorporate the
  110         amendment made to s. 1003.22, F.S. in a reference
  111         thereto; providing an effective date.
  112          
  113  Be It Enacted by the Legislature of the State of Florida:
  114  
  115         Section 1. Paragraph (e) of subsection (1) of section
  116  381.003, Florida Statutes, is amended to read:
  117         381.003 Communicable disease and AIDS prevention and
  118  control.—
  119         (1) The department shall conduct a communicable disease
  120  prevention and control program as part of fulfilling its public
  121  health mission. A communicable disease is any disease caused by
  122  transmission of a specific infectious agent, or its toxic
  123  products, from an infected person, an infected animal, or the
  124  environment to a susceptible host, either directly or
  125  indirectly. The communicable disease program must include, but
  126  need not be limited to:
  127         (e) Programs for the prevention and control of vaccine
  128  preventable diseases, including programs to immunize school
  129  children as required by s. 1003.22(3)-(11) and the development
  130  of an automated, electronic, and centralized database and
  131  registry of immunizations. The department may not require
  132  enrollment in the immunization registry or otherwise require
  133  persons to submit to any form of immunization tracking. The
  134  department shall ensure that all children in this state are
  135  immunized against vaccine-preventable diseases. The immunization
  136  registry must allow the department to enhance current
  137  immunization activities for the purpose of improving the
  138  immunization of all children in this state.
  139         1. Except as provided in subparagraph 2., the department
  140  shall include all children born in this state in the
  141  immunization registry by using the birth records from the Office
  142  of Vital Statistics. The department shall add other children to
  143  the registry as immunization services are provided.
  144         2. The parent or guardian of a child may refuse to have the
  145  child included in the immunization registry by signing a form
  146  obtained from the department, or from the health care
  147  practitioner or entity that provides the immunization, which
  148  indicates that the parent or guardian does not wish to have the
  149  child included in the immunization registry. Each consent to
  150  treatment form provided by a health care practitioner or by an
  151  entity that administers vaccinations or causes vaccinations to
  152  be administered to children from birth through 17 years of age
  153  must contain a notice stating that the parent or guardian of a
  154  child may refuse to have his or her child included in the
  155  immunization registry. The parent or guardian may either submit
  156  the opt-out form directly to the department or must provide it
  157  such opt-out form to the health care practitioner or entity upon
  158  administration of the vaccination. Such health care practitioner
  159  or entity shall submit the form to the department. If a parent
  160  or guardian has refused to have his or her child included in the
  161  immunization registry, A parent or guardian may submit the opt
  162  out form directly to the department. any records or identifying
  163  information pertaining to the child must shall be removed from
  164  the registry, if the parent or guardian has refused to have his
  165  or her child included in the immunization registry.
  166         3. A college or university student, from 18 years of age to
  167  23 years of age, who obtains an immunization a vaccination from
  168  a college or university student health center or clinic in this
  169  the state may refuse to be included in the immunization registry
  170  by signing a form obtained from the department, health center,
  171  or clinic which indicates that the student does not wish to be
  172  included in the immunization registry. The student may either
  173  submit the opt-out form directly to the department or must
  174  provide it such opt-out form to the health center or clinic upon
  175  administration of the immunization vaccination. Such health
  176  center or clinic shall submit the form to the department. If the
  177  student has refused to be included in the immunization registry,
  178  A student may submit the opt-out form directly to the
  179  department. any records or identifying information pertaining to
  180  the student must shall be removed from the registry if the
  181  student has refused to be included in the immunization registry.
  182         4. The immunization registry shall allow for immunization
  183  records to be electronically available to entities that are
  184  required by law to have such records, including, but not limited
  185  to, schools and licensed child care facilities. However, the
  186  department may not include a person’s immunization records in
  187  any interstate or federal immunization tracking system or
  188  otherwise allow an entity not required by law to have such
  189  records without first obtaining written informed consent from
  190  the person or the person’s parent or guardian, if the person is
  191  a minor, to release the immunization records for such purpose.
  192         5. A health care practitioner licensed under chapter 458,
  193  chapter 459, or chapter 464 in this state who administers
  194  vaccinations or causes vaccinations to be administered to
  195  children from birth through 17 years of age is required to
  196  report vaccination data to the immunization registry, unless a
  197  parent or guardian of a child has refused to have the child
  198  included in the immunization registry by meeting the
  199  requirements of subparagraph 2. A health care practitioner
  200  licensed under chapter 458, chapter 459, or chapter 464 in this
  201  state who administers vaccinations or causes vaccinations to be
  202  administered to college or university students from 18 years of
  203  age to 23 years of age at a college or university student health
  204  center or clinic is required to report vaccination data to the
  205  immunization registry, unless the student has refused to be
  206  included in the immunization registry by meeting the
  207  requirements of subparagraph 3. Vaccination data for students in
  208  other age ranges may be submitted to the immunization registry
  209  only if the student consents to inclusion in the immunization
  210  registry. The upload of data from existing automated systems is
  211  an acceptable method for updating immunization information in
  212  the immunization registry. The information in the immunization
  213  registry must include the child’s name, date of birth, address,
  214  and any other unique identifier necessary to correctly identify
  215  the child; the immunization record, including the date, type of
  216  administered vaccine, and vaccine lot number; and the presence
  217  or absence of any adverse reaction or contraindication related
  218  to the immunization. Information received by the department for
  219  the immunization registry retains its status as confidential
  220  medical information and the department must maintain the
  221  confidentiality of that information as otherwise required by
  222  law. A health care practitioner or other agency that obtains
  223  information from the immunization registry must maintain the
  224  confidentiality of any medical records in accordance with s.
  225  456.057 or as otherwise required by law.
  226         Section 2. Present paragraphs (c) and (d) through (g) of
  227  subsection (2) of section 381.00316, Florida Statutes, are
  228  redesignated as paragraphs (f) and (b) through (e),
  229  respectively, and present paragraphs (b) and (c) of that
  230  subsection and subsections (3) and (4) of that section are
  231  amended, to read:
  232         381.00316 Discrimination by governmental and business
  233  entities based on health care choices; prohibition.—
  234         (2) As used in this section, the term:
  235         (b) “COVID-19” means the novel coronavirus identified as
  236  SARS-CoV-2; any disease caused by SARS-CoV-2, its viral
  237  fragments, or a virus mutating therefrom; and all conditions
  238  associated with the disease which are caused by SARS-CoV-2, its
  239  viral fragments, or a virus mutating therefrom.
  240         (f)(c) “COVID-19 Vaccine” means a preparation designed to
  241  stimulate the human body’s immune response against a
  242  communicable disease COVID-19.
  243         (3)(a) A business entity may not require any person to
  244  provide any documentation certifying vaccination with any
  245  vaccine defined under subsection (2) or postinfection recovery
  246  from any communicable disease COVID-19, or require a presumptive
  247  or confirmatory COVID-19 test showing proof of recovery from any
  248  communicable disease, to gain access to, entry upon, or service
  249  from the business operations in this state or as a condition of
  250  contracting, hiring, promotion, or continued employment with the
  251  business entity.
  252         (b) A business entity may not discharge or refuse to hire a
  253  person; deprive or attempt to deprive a person of employment
  254  opportunities; adversely affect a person’s status as an employee
  255  or as an applicant for employment; or otherwise discriminate
  256  against a person based on knowledge or belief of the person’s
  257  status relating to vaccination with any vaccine defined under
  258  subsection (2) or COVID-19 postinfection recovery from a
  259  communicable disease, or a person’s failure to take a
  260  presumptive or confirmatory COVID-19 test showing proof of
  261  recovery from any communicable disease.
  262         (c) For matters relating to vaccines other than those
  263  defined under subsection (2), a business entity shall provide
  264  for exemptions and reasonable accommodations for religious and
  265  medical reasons in accordance with federal law.
  266         (d) A licensed facility as defined in s. 395.002 may not
  267  discriminate in providing health care to a patient based solely
  268  on that patient’s vaccination status with a COVID-19 vaccine.
  269         (4)(a) A governmental entity may not require any person to
  270  provide any documentation certifying vaccination with any
  271  vaccine defined under subsection (2) or postinfection recovery
  272  from a communicable disease COVID-19, or require a presumptive
  273  or confirmatory COVID-19 test for any communicable disease, to
  274  gain access to, entry upon, or service from the governmental
  275  entity’s operations in this state or as a condition of
  276  contracting, hiring, promotion, or continued employment with the
  277  governmental entity.
  278         (b) A governmental entity may not discharge or refuse to
  279  hire a person; deprive or attempt to deprive a person of
  280  employment opportunities; adversely affect a person’s status as
  281  an employee; or otherwise discriminate against a person based on
  282  the knowledge or belief of the person’s status relating to
  283  vaccination with any vaccine defined under subsection (2) or a
  284  person’s failure to take a presumptive or confirmatory COVID-19
  285  test for a communicable disease.
  286         (c) For matters relating to vaccines other than those
  287  defined under subsection (2), a governmental entity shall
  288  provide for exemptions and reasonable accommodations for
  289  religious and medical reasons in accordance with federal law.
  290         Section 3. Subsection (1) of section 381.00319, Florida
  291  Statutes, is reordered and amended to read:
  292         381.00319 Prohibition on mask mandates and vaccination and
  293  testing mandates for educational institutions.—
  294         (1) For purposes of this section, the term:
  295         (a) “COVID-19” has the same meaning as in s. 381.00316.
  296         (d)(b) “COVID-19 Vaccine” has the same meaning as in s.
  297  381.00316.
  298         (a)(c) “Educational institution” means a public or private
  299  school, including a preschool, elementary school, middle school,
  300  junior high school, secondary school, career center, or
  301  postsecondary school.
  302         (b)(d) “Emergency use authorization vaccine” has the same
  303  meaning as in s. 381.00316.
  304         (c)(e) “Messenger ribonucleic acid vaccine” has the same
  305  meaning as in s. 381.00316.
  306         Section 4. Paragraph (c) of subsection (4) of section
  307  420.9075, Florida Statutes, is amended to read:
  308         420.9075 Local housing assistance plans; partnerships.—
  309         (4) Each local housing assistance plan is governed by the
  310  following criteria and administrative procedures:
  311         (c) In accordance with the provisions of ss. 760.20-760.37,
  312  it is unlawful to discriminate on the basis of race, creed,
  313  religion, color, age, sex, vaccination or immunity status,
  314  marital status, familial status, national origin, or handicap in
  315  the award application process for eligible housing.
  316         Section 5. Section 448.077, Florida Statutes, is created to
  317  read:
  318         448.077Employment discrimination on the basis of
  319  vaccination or immunity status prohibited.—
  320         (1)As used in this section, the term:
  321         (a)“Employee” means an individual who performs services
  322  for and is under the direction and control of an employer for
  323  wages or other remuneration. The term includes an independent
  324  contractor.
  325         (b)“Employer” means an individual, a firm, a partnership,
  326  an institution, a corporation, or an association that employs
  327  two or more employees. The term includes a governmental entity
  328  as defined in s. 768.38(2).
  329         (c)“Vaccination or immunity status,” with respect to an
  330  individual, means whether he or she has been administered a
  331  vaccine for or is otherwise immune to a particular communicable
  332  disease.
  333         (2)An employer may not refuse to employ an individual, or
  334  discharge, discipline, demote, or otherwise discriminate against
  335  an employee with respect to wages or terms, conditions, or
  336  privileges of employment, solely on the basis of the
  337  individual’s vaccination or immunity status.
  338         (3) An individual who is refused employment or is
  339  discriminated against on the basis of vaccination or immunity
  340  status in violation of this section may file a civil action in a
  341  court of competent jurisdiction for relief as set forth in
  342  subsection (4).
  343         (4) In any action brought pursuant to subsection (3), the
  344  court may order any of the following forms of relief, as
  345  applicable:
  346         (a) An injunction preventing the continued violation of
  347  this section.
  348         (b) Employment or reinstatement of the employee to the same
  349  position applied for or held, as applicable, before the
  350  violation occurred or to an equivalent position.
  351         (c) Compensation for lost wages, benefits, and other
  352  remuneration.
  353         (d)Reasonable attorney fees.
  354         (e) Any other relief the court deems appropriate.
  355         Section 6. Section 626.9708, Florida Statutes, is created
  356  to read:
  357         626.9708 Discrimination on the basis of vaccination or
  358  immunity status prohibited.—
  359         (1)As used in this section, the term “vaccination or
  360  immunity status,” with respect to an individual, means whether
  361  he or she has been administered a vaccine for or is otherwise
  362  immune to a particular communicable disease.
  363         (2)An insurer authorized to transact insurance in this
  364  state may not do any of the following:
  365         (a)Require proof of vaccination or immunity status for any
  366  communicable disease from an applicant or a policyholder.
  367         (b)Refuse to issue or renew any policy of life insurance
  368  or disability insurance solely on the basis of the applicant’s
  369  or policyholder’s vaccination or immunity status.
  370         (c)Impose a higher premium rate or charge or otherwise
  371  discriminate in coverage in a life insurance policy or
  372  disability insurance policy solely on the basis of the
  373  applicant’s or policyholder’s vaccination or immunity status.
  374         (3)This section may not be construed to require an insurer
  375  to provide insurance coverage for a medical condition that the
  376  applicant or policyholder has already sustained.
  377         Section 7. Section 627.6441, Florida Statutes, is created
  378  to read:
  379         627.6441 Discrimination on the basis of vaccination or
  380  immunity status prohibited.—
  381         (1)As used in this section, the term “vaccination or
  382  immunity status,” with respect to an individual, means whether
  383  he or she has been administered a vaccine for or is otherwise
  384  immune to a particular communicable disease.
  385         (2)A health insurer may not do any of the following:
  386         (a)Require proof of vaccination or immunity status for any
  387  communicable disease from an applicant or a policyholder.
  388         (b)Refuse to issue or renew a health insurance policy
  389  solely on the basis of the applicant’s or policyholder’s
  390  vaccination or immunity status.
  391         (c)Impose a higher premium rate or charge or otherwise
  392  discriminate in the coverage of care in a health insurance
  393  policy solely on the basis of the applicant’s or policyholder’s
  394  vaccination or immunity status.
  395         (3)This section may not be construed to require a health
  396  insurer to provide coverage for a medical condition that the
  397  applicant or policyholder has already sustained.
  398         Section 8. Section 627.6614, Florida Statutes, is created
  399  to read:
  400         627.6614 Discrimination on the basis of vaccination or
  401  immunity status prohibited.—
  402         (1)As used in this section, the term “vaccination or
  403  immunity status,” with respect to an individual, means whether
  404  he or she has been administered a vaccine for or is otherwise
  405  immune to a particular communicable disease.
  406         (2)An insurer offering coverage under a group, blanket, or
  407  franchise health insurance policy in this state may not do any
  408  of the following:
  409         (a)Require proof of vaccination or immunity status for any
  410  communicable disease from an applicant or a policyholder.
  411         (b)Refuse to issue or renew a health insurance policy
  412  solely on the basis of the applicant’s or policyholder’s
  413  vaccination or immunity status.
  414         (c)Impose a higher premium rate or charge or otherwise
  415  discriminate in the coverage of care in a health insurance
  416  policy solely on the basis of the applicant’s or policyholder’s
  417  vaccination or immunity status.
  418         (3)This section may not be construed to require an insurer
  419  to provide coverage for a medical condition that the applicant
  420  or policyholder has already sustained.
  421         Section 9. Section 641.31078, Florida Statutes, is created
  422  to read:
  423         641.31078 Discrimination on the basis of vaccination or
  424  immunity status prohibited.—
  425         (1)As used in this section, the term “vaccination or
  426  immunity status,” with respect to an individual, means whether
  427  he or she has been administered a vaccine for or is otherwise
  428  immune to a particular communicable disease.
  429         (2)A health maintenance organization providing coverage
  430  under a health maintenance contract in this state may not do any
  431  of the following:
  432         (a)Require proof of vaccination or immunity status for any
  433  communicable disease from an applicant or a subscriber.
  434         (b)Refuse to issue or renew a health maintenance contract
  435  solely on the basis of the applicant’s or subscriber’s
  436  vaccination or immunity status.
  437         (c)Impose a higher premium rate or charge or otherwise
  438  discriminate in the coverage of care in a health maintenance
  439  contract solely on the basis of the applicant’s or subscriber’s
  440  vaccination or immunity status.
  441         (3)This section may not be construed to require a health
  442  maintenance organization to provide coverage for a medical
  443  condition that the applicant or subscriber has already
  444  sustained.
  445         Section 10. Subsection (2) of section 760.01, Florida
  446  Statutes, is amended, and subsection (1) of that section is
  447  republished, to read:
  448         760.01 Purposes; construction; title.—
  449         (1) Sections 760.01-760.11 and 509.092 shall be cited as
  450  the “Florida Civil Rights Act of 1992.”
  451         (2) The general purposes of the Florida Civil Rights Act of
  452  1992 are to secure for all individuals within this the state
  453  freedom from discrimination because of race, color, religion,
  454  sex, pregnancy, national origin, age, handicap, vaccination or
  455  immunity status, or marital status and thereby to protect their
  456  interest in personal dignity, to make available to the state
  457  their full productive capacities, to secure this the state
  458  against domestic strife and unrest, to preserve the public
  459  safety, health, and general welfare, and to promote the
  460  interests, rights, and privileges of individuals within this the
  461  state.
  462         Section 11. Section 760.02, Florida Statutes, is reordered
  463  and amended to read:
  464         760.02 Definitions.—For the purposes of ss. 760.01-760.11
  465  and 509.092, the term:
  466         (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
  467  760.11 and 509.092.
  468         (2) “Commission” means the Florida Commission on Human
  469  Relations created by s. 760.03.
  470         (3) “Commissioner” or “member” means a member of the
  471  commission.
  472         (4) “Discriminatory practice” means any practice made
  473  unlawful by the Florida Civil Rights Act of 1992.
  474         (9)(5) “National origin” includes ancestry.
  475         (10)(6) “Person” includes an individual, association,
  476  corporation, joint apprenticeship committee, joint-stock
  477  company, labor union, legal representative, mutual company,
  478  partnership, receiver, trust, trustee in bankruptcy, or
  479  unincorporated organization; any other legal or commercial
  480  entity; the state; or any governmental entity or agency.
  481         (5)(7) “Employer” means any person employing 15 or more
  482  employees for each working day in each of 20 or more calendar
  483  weeks in the current or preceding calendar year, and any agent
  484  of such a person.
  485         (6)(8) “Employment agency” means any person regularly
  486  undertaking, with or without compensation, to procure employees
  487  for an employer or to procure for employees opportunities to
  488  work for an employer, and includes an agent of such a person.
  489         (8)(9) “Labor organization” means any organization which
  490  exists for the purpose, in whole or in part, of collective
  491  bargaining or of dealing with employers concerning grievances,
  492  terms or conditions of employment, or other mutual aid or
  493  protection in connection with employment.
  494         (1)(10) “Aggrieved person” means any person who files a
  495  complaint with the Human Relations Commission.
  496         (11) “Public accommodations” means places of public
  497  accommodation, lodgings, facilities principally engaged in
  498  selling food for consumption on the premises, gasoline stations,
  499  places of exhibition or entertainment, and other covered
  500  establishments. Each of the following establishments which
  501  serves the public is a place of public accommodation within the
  502  meaning of this section:
  503         (a) Any inn, hotel, motel, or other establishment which
  504  provides lodging to transient guests, other than an
  505  establishment located within a building which contains not more
  506  than four rooms for rent or hire and which is actually occupied
  507  by the proprietor of such establishment as his or her residence.
  508         (b) Any restaurant, cafeteria, lunchroom, lunch counter,
  509  soda fountain, or other facility principally engaged in selling
  510  food for consumption on the premises, including, but not limited
  511  to, any such facility located on the premises of any retail
  512  establishment, or any gasoline station.
  513         (c) Any motion picture theater, theater, concert hall,
  514  sports arena, stadium, or other place of exhibition or
  515  entertainment.
  516         (d) Any establishment which is physically located within
  517  the premises of any establishment otherwise covered by this
  518  subsection, or within the premises of which is physically
  519  located any such covered establishment, and which holds itself
  520  out as serving patrons of such covered establishment.
  521         (12)“Vaccination or immunity status,” with respect to an
  522  individual, means whether he or she has been administered a
  523  vaccination for or is otherwise immune to a particular
  524  communicable disease.
  525         Section 12. Section 760.05, Florida Statutes, is amended to
  526  read:
  527         760.05 Functions of the commission.—The commission shall
  528  promote and encourage fair treatment and equal opportunity for
  529  all persons regardless of race, color, religion, sex, pregnancy,
  530  national origin, age, handicap, vaccination or immunity status,
  531  or marital status and mutual understanding and respect among all
  532  members of all economic, social, racial, religious, and ethnic
  533  groups; and shall endeavor to eliminate discrimination against,
  534  and antagonism between, religious, racial, and ethnic groups and
  535  their members.
  536         Section 13. Section 760.07, Florida Statutes, is amended to
  537  read:
  538         760.07 Remedies for unlawful discrimination.—Any violation
  539  of any Florida statute that makes unlawful discrimination
  540  because of race, color, religion, gender, pregnancy, national
  541  origin, age, handicap, vaccination or immunity status, or
  542  marital status in the areas of education, employment, or public
  543  accommodations gives rise to a cause of action for all relief
  544  and damages described in s. 760.11(5), unless greater damages
  545  are expressly provided for. If the statute prohibiting unlawful
  546  discrimination provides an administrative remedy, the action for
  547  equitable relief and damages provided for in this section may be
  548  initiated only after the plaintiff has exhausted his or her
  549  administrative remedy. The term “public accommodations” does not
  550  include lodge halls or other similar facilities of private
  551  organizations which are made available for public use
  552  occasionally or periodically. The right to trial by jury is
  553  preserved in any case in which the plaintiff is seeking actual
  554  or punitive damages.
  555         Section 14. Section 760.08, Florida Statutes, is amended to
  556  read:
  557         760.08 Discrimination in places of public accommodation.
  558  All persons are entitled to the full and equal enjoyment of the
  559  goods, services, facilities, privileges, advantages, and
  560  accommodations of any place of public accommodation without
  561  discrimination or segregation on the ground of race, color,
  562  national origin, sex, pregnancy, handicap, vaccination or
  563  immunity status, familial status, or religion.
  564         Section 15. Subsections (1) and (2), paragraphs (a) and (b)
  565  of subsection (3), subsections (4), (5), and (6), and paragraph
  566  (a) of subsection (9) of section 760.10, Florida Statutes, are
  567  amended, and paragraphs (b), (c), and (d) of subsection (9) of
  568  that section are republished, to read:
  569         760.10 Unlawful employment practices.—
  570         (1) It is an unlawful employment practice for an employer:
  571         (a) To discharge or to fail or refuse to hire any
  572  individual, or otherwise to discriminate against any individual
  573  with respect to compensation, terms, conditions, or privileges
  574  of employment, because of such individual’s race, color,
  575  religion, sex, pregnancy, national origin, age, handicap,
  576  vaccination or immunity status, or marital status.
  577         (b) To limit, segregate, or classify employees or
  578  applicants for employment in any way which would deprive or tend
  579  to deprive any individual of employment opportunities, or
  580  adversely affect any individual’s status as an employee, because
  581  of such individual’s race, color, religion, sex, pregnancy,
  582  national origin, age, handicap, vaccination or immunity status,
  583  or marital status.
  584         (2) It is an unlawful employment practice for an employment
  585  agency to fail or refuse to refer for employment, or otherwise
  586  to discriminate against, any individual because of race, color,
  587  religion, sex, pregnancy, national origin, age, handicap,
  588  vaccination or immunity status, or marital status or to classify
  589  or refer for employment any individual on the basis of race,
  590  color, religion, sex, pregnancy, national origin, age, handicap,
  591  vaccination or immunity status, or marital status.
  592         (3) It is an unlawful employment practice for a labor
  593  organization:
  594         (a) To exclude or to expel from its membership, or
  595  otherwise to discriminate against, any individual because of
  596  race, color, religion, sex, pregnancy, national origin, age,
  597  handicap, vaccination or immunity status, or marital status.
  598         (b) To limit, segregate, or classify its membership or
  599  applicants for membership, or to classify or fail or refuse to
  600  refer for employment any individual, in any way that would
  601  deprive or tend to deprive any individual of employment
  602  opportunities, or adversely affect any individual’s status as an
  603  employee or as an applicant for employment, because of such
  604  individual’s race, color, religion, sex, pregnancy, national
  605  origin, age, handicap, vaccination or immunity status, or
  606  marital status.
  607         (4) It is an unlawful employment practice for any employer,
  608  labor organization, or joint labor-management committee
  609  controlling apprenticeship or other training or retraining,
  610  including on-the-job training programs, to discriminate against
  611  any individual because of race, color, religion, sex, pregnancy,
  612  national origin, age, handicap, vaccination or immunity status,
  613  or marital status in admission to, or employment in, any program
  614  established to provide apprenticeship or other training.
  615         (5) Whenever, in order to engage in a profession,
  616  occupation, or trade, it is required that a person receive a
  617  license, certification, or other credential, become a member or
  618  an associate of any club, association, or other organization, or
  619  pass any examination, it is an unlawful employment practice for
  620  any person to discriminate against any other person seeking such
  621  license, certification, or other credential, seeking to become a
  622  member or associate of such club, association, or other
  623  organization, or seeking to take or pass such examination,
  624  because of such other person’s race, color, religion, sex,
  625  pregnancy, national origin, age, handicap, vaccination or
  626  immunity status, or marital status.
  627         (6) It is an unlawful employment practice for an employer,
  628  labor organization, employment agency, or joint labor-management
  629  committee to print, or cause to be printed or published, any
  630  notice or advertisement relating to employment, membership,
  631  classification, referral for employment, or apprenticeship or
  632  other training, indicating any preference, limitation,
  633  specification, or discrimination, based on race, color,
  634  religion, sex, pregnancy, national origin, age, absence of
  635  handicap, vaccination or immunity status, or marital status.
  636         (9) Notwithstanding any other provision of this section, it
  637  is not an unlawful employment practice under ss. 760.01-760.10
  638  for an employer, employment agency, labor organization, or joint
  639  labor-management committee to:
  640         (a) Take or fail to take any action on the basis of
  641  religion, sex, pregnancy, national origin, age, handicap,
  642  vaccination or immunity status, or marital status in those
  643  certain instances in which religion, sex, condition of
  644  pregnancy, national origin, age, absence of a particular
  645  handicap, vaccination or immunity status, or marital status is a
  646  bona fide occupational qualification reasonably necessary for
  647  the performance of the particular employment to which such
  648  action or inaction is related.
  649         (b) Observe the terms of a bona fide seniority system, a
  650  bona fide employee benefit plan such as a retirement, pension,
  651  or insurance plan, or a system which measures earnings by
  652  quantity or quality of production, which is not designed,
  653  intended, or used to evade the purposes of ss. 760.01-760.10.
  654  However, no such employee benefit plan or system which measures
  655  earnings shall excuse the failure to hire, and no such seniority
  656  system, employee benefit plan, or system which measures earnings
  657  shall excuse the involuntary retirement of, any individual on
  658  the basis of any factor not related to the ability of such
  659  individual to perform the particular employment for which such
  660  individual has applied or in which such individual is engaged.
  661  This subsection shall not be construed to make unlawful the
  662  rejection or termination of employment when the individual
  663  applicant or employee has failed to meet bona fide requirements
  664  for the job or position sought or held or to require any changes
  665  in any bona fide retirement or pension programs or existing
  666  collective bargaining agreements during the life of the
  667  contract, or for 2 years after October 1, 1981, whichever occurs
  668  first, nor shall this act preclude such physical and medical
  669  examinations of applicants and employees as an employer may
  670  require of applicants and employees to determine fitness for the
  671  job or position sought or held.
  672         (c) Take or fail to take any action on the basis of age,
  673  pursuant to law or regulation governing any employment or
  674  training program designed to benefit persons of a particular age
  675  group.
  676         (d) Take or fail to take any action on the basis of marital
  677  status if that status is prohibited under its antinepotism
  678  policy.
  679         Section 16. Subsection (11) is added to section 760.22,
  680  Florida Statutes, and subsection (4) of that section is
  681  republished, to read:
  682         760.22 Definitions.—As used in ss. 760.20-760.37, the term:
  683         (4) “Discriminatory housing practice” means an act that is
  684  unlawful under the terms of ss. 760.20-760.37.
  685         (11) “Vaccination or immunity status,” with respect to an
  686  individual, means whether he or she has been administered a
  687  vaccination for or is otherwise immune to a particular
  688  communicable disease.
  689         Section 17. Subsections (1) through (5) of section 760.23,
  690  Florida Statutes, are amended, and subsection (6) of that
  691  section is republished, to read:
  692         760.23 Discrimination in the sale or rental of housing and
  693  other prohibited practices.—
  694         (1) It is unlawful to refuse to sell or rent after the
  695  making of a bona fide offer, to refuse to negotiate for the sale
  696  or rental of, or otherwise to make unavailable or deny a
  697  dwelling to any person because of race, color, national origin,
  698  sex, disability, vaccination or immunity status, familial
  699  status, or religion.
  700         (2) It is unlawful to discriminate against any person in
  701  the terms, conditions, or privileges of sale or rental of a
  702  dwelling, or in the provision of services or facilities in
  703  connection therewith, because of race, color, national origin,
  704  sex, disability, vaccination or immunity status, familial
  705  status, or religion.
  706         (3) It is unlawful to make, print, or publish, or cause to
  707  be made, printed, or published, any notice, statement, or
  708  advertisement with respect to the sale or rental of a dwelling
  709  that indicates any preference, limitation, or discrimination
  710  based on race, color, national origin, sex, disability,
  711  vaccination or immunity status, familial status, or religion or
  712  an intention to make any such preference, limitation, or
  713  discrimination.
  714         (4) It is unlawful to represent to any person because of
  715  race, color, national origin, sex, disability, vaccination or
  716  immunity status, familial status, or religion that any dwelling
  717  is not available for inspection, sale, or rental when such
  718  dwelling is in fact so available.
  719         (5) It is unlawful, for profit, to induce or attempt to
  720  induce any person to sell or rent any dwelling by a
  721  representation regarding the entry or prospective entry into the
  722  neighborhood of a person or persons of a particular race, color,
  723  national origin, sex, disability, vaccination or immunity
  724  status, familial status, or religion.
  725         (6) The protections afforded under ss. 760.20-760.37
  726  against discrimination on the basis of familial status apply to
  727  any person who is pregnant or is in the process of securing
  728  legal custody of any individual who has not attained the age of
  729  18 years.
  730         Section 18. Section 760.24, Florida Statutes, is amended to
  731  read:
  732         760.24 Discrimination in the provision of brokerage
  733  services.—It is unlawful to deny any person access to, or
  734  membership or participation in, any multiple-listing service,
  735  real estate brokers’ organization, or other service,
  736  organization, or facility relating to the business of selling or
  737  renting dwellings, or to discriminate against him or her in the
  738  terms or conditions of such access, membership, or
  739  participation, on account of race, color, national origin, sex,
  740  disability, vaccination or immunity status, familial status, or
  741  religion.
  742         Section 19. Subsection (1) and paragraph (a) of subsection
  743  (2) of section 760.25, Florida Statutes, are amended to read:
  744         760.25 Discrimination in the financing of housing or in
  745  residential real estate transactions.—
  746         (1) It is unlawful for any bank, building and loan
  747  association, insurance company, or other corporation,
  748  association, firm, or enterprise the business of which consists
  749  in whole or in part of the making of commercial real estate
  750  loans to deny a loan or other financial assistance to a person
  751  applying for the loan for the purpose of purchasing,
  752  constructing, improving, repairing, or maintaining a dwelling,
  753  or to discriminate against him or her in the fixing of the
  754  amount, interest rate, duration, or other term or condition of
  755  such loan or other financial assistance, because of the race,
  756  color, national origin, sex, disability, vaccination or immunity
  757  status, familial status, or religion of such person or of any
  758  person associated with him or her in connection with such loan
  759  or other financial assistance or the purposes of such loan or
  760  other financial assistance, or because of the race, color,
  761  national origin, sex, disability, vaccination or immunity
  762  status, familial status, or religion of the present or
  763  prospective owners, lessees, tenants, or occupants of the
  764  dwelling or dwellings in relation to which such loan or other
  765  financial assistance is to be made or given.
  766         (2)(a) It is unlawful for any person or entity whose
  767  business includes engaging in residential real estate
  768  transactions to discriminate against any person in making
  769  available such a transaction, or in the terms or conditions of
  770  such a transaction, because of race, color, national origin,
  771  sex, disability, vaccination or immunity status, familial
  772  status, or religion.
  773         Section 20. Section 760.26, Florida Statutes, is amended to
  774  read:
  775         760.26 Prohibited discrimination in land use decisions and
  776  in permitting of development.—It is unlawful to discriminate in
  777  land use decisions or in the permitting of development based on
  778  race, color, national origin, sex, disability, vaccination or
  779  immunity status, familial status, religion, or, except as
  780  otherwise provided by law, the source of financing of a
  781  development or proposed development.
  782         Section 21. Paragraph (a) of subsection (5) of section
  783  760.29, Florida Statutes, is amended, and paragraph (a) of
  784  subsection (1), subsections (2) and (3), paragraph (a) of
  785  subsection (4), and paragraphs (b), (c), and (d) of subsection
  786  (5) of that section are republished, to read:
  787         760.29 Exemptions.—
  788         (1)(a) Nothing in ss. 760.23, 760.25, and 760.27 applies
  789  to:
  790         1. Any single-family house sold or rented by its owner,
  791  provided such private individual owner does not own more than
  792  three single-family houses at any one time. In the case of the
  793  sale of a single-family house by a private individual owner who
  794  does not reside in such house at the time of the sale or who was
  795  not the most recent resident of the house prior to the sale, the
  796  exemption granted by this paragraph applies only with respect to
  797  one sale within any 24-month period. In addition, the bona fide
  798  private individual owner shall not own any interest in, nor
  799  shall there be owned or reserved on his or her behalf, under any
  800  express or voluntary agreement, title to, or any right to all or
  801  a portion of the proceeds from the sale or rental of, more than
  802  three single-family houses at any one time. The sale or rental
  803  of any single-family house shall be excepted from the
  804  application of ss. 760.20-760.37 only if the house is sold or
  805  rented:
  806         a. Without the use in any manner of the sales or rental
  807  facilities or the sales or rental services of any real estate
  808  licensee or such facilities or services of any person in the
  809  business of selling or renting dwellings, or of any employee or
  810  agent of any such licensee or person; and
  811         b. Without the publication, posting, or mailing, after
  812  notice, of any advertisement or written notice in violation of
  813  s. 760.23(3).
  814  
  815  Nothing in this provision prohibits the use of attorneys, escrow
  816  agents, abstractors, title companies, and other such
  817  professional assistance as is necessary to perfect or transfer
  818  the title.
  819         2. Rooms or units in dwellings containing living quarters
  820  occupied or intended to be occupied by no more than four
  821  families living independently of each other, if the owner
  822  actually maintains and occupies one of such living quarters as
  823  his or her residence.
  824         (2) Nothing in ss. 760.20-760.37 prohibits a religious
  825  organization, association, or society, or any nonprofit
  826  institution or organization operated, supervised, or controlled
  827  by or in conjunction with a religious organization, association,
  828  or society, from limiting the sale, rental, or occupancy of any
  829  dwelling which it owns or operates for other than a commercial
  830  purpose to persons of the same religion or from giving
  831  preference to such persons, unless membership in such religion
  832  is restricted on account of race, color, or national origin.
  833  Nothing in ss. 760.20-760.37 prohibits a private club not in
  834  fact open to the public, which as an incident to its primary
  835  purpose or purposes provides lodgings which it owns or operates
  836  for other than a commercial purpose, from limiting the rental or
  837  occupancy of such lodgings to its members or from giving
  838  preference to its members.
  839         (3) Nothing in ss. 760.20-760.37 requires any person
  840  renting or selling a dwelling constructed for first occupancy
  841  before March 13, 1991, to modify, alter, or adjust the dwelling
  842  in order to provide physical accessibility except as otherwise
  843  required by law.
  844         (4)(a) Any provision of ss. 760.20-760.37 regarding
  845  familial status does not apply with respect to housing for older
  846  persons.
  847  
  848  A county or municipal ordinance regarding housing for older
  849  persons may not contravene the provisions of this subsection.
  850         (5) Nothing in ss. 760.20-760.37:
  851         (a) Prohibits a person engaged in the business of
  852  furnishing appraisals of real property from taking into
  853  consideration factors other than race, color, national origin,
  854  sex, disability, vaccination or immunity status, familial
  855  status, or religion.
  856         (b) Limits the applicability of any reasonable local
  857  restriction regarding the maximum number of occupants permitted
  858  to occupy a dwelling.
  859         (c) Requires that a dwelling be made available to an
  860  individual whose tenancy would constitute a direct threat to the
  861  health or safety of other individuals or whose tenancy would
  862  result in substantial physical damage to the property of others.
  863         (d) Prohibits conduct against a person because such person
  864  has been convicted by any court of competent jurisdiction of the
  865  illegal manufacture or distribution of a controlled substance as
  866  defined under chapter 893.
  867         Section 22. Subsection (1) of section 760.60, Florida
  868  Statutes, is amended to read:
  869         760.60 Discriminatory practices of certain clubs
  870  prohibited; remedies.—
  871         (1) It is unlawful for a person to discriminate against any
  872  individual because of race, color, religion, gender, national
  873  origin, handicap, vaccination or immunity status, age above the
  874  age of 21, or marital status in evaluating an application for
  875  membership in a club that has more than 400 members, that
  876  provides regular meal service, and that regularly receives
  877  payment for dues, fees, use of space, facilities, services,
  878  meals, or beverages directly or indirectly from nonmembers for
  879  business purposes. It is unlawful for a person, on behalf of
  880  such a club, to publish, circulate, issue, display, post, or
  881  mail any advertisement, notice, or solicitation that contains a
  882  statement to the effect that the accommodations, advantages,
  883  facilities, membership, or privileges of the club are denied to
  884  any individual because of race, color, religion, gender,
  885  national origin, handicap, vaccination or immunity status, age
  886  above the age of 21, or marital status. This subsection does not
  887  apply to fraternal or benevolent organizations, ethnic clubs, or
  888  religious organizations where business activity is not
  889  prevalent.
  890         Section 23. Paragraph (n) of subsection (3) of section
  891  1002.20, Florida Statutes, is amended to read:
  892         1002.20 K-12 student and parent rights.—Parents of public
  893  school students must receive accurate and timely information
  894  regarding their child’s academic progress and must be informed
  895  of ways they can help their child to succeed in school. K-12
  896  students and their parents are afforded numerous statutory
  897  rights including, but not limited to, the following:
  898         (3) HEALTH ISSUES.—
  899         (n) Face covering mandates and quarantine mandates in
  900  response to COVID-19.—
  901         1. A district school board, a district school
  902  superintendent, an elected or appointed local official, or any
  903  district school board employee may not:
  904         a. Require a student to wear a face mask, a face shield, or
  905  any other facial covering that fits over the mouth or nose.
  906  However, a parent, at the parent’s sole discretion, may allow
  907  his or her child to wear a face mask, a face shield, or any
  908  other facial covering that fits over the mouth or nose. This
  909  prohibition does not apply to safety equipment required as part
  910  of a course of study consistent with occupational or laboratory
  911  safety requirements.
  912         b. Prohibit a student from attending school or school
  913  sponsored activities, prohibit a student from being on school
  914  property, or subject a student to restrictions or disparate
  915  treatment, based on an exposure to COVID-19, so long as the
  916  student remains asymptomatic and has not received a positive
  917  test for COVID-19 as defined in s. 381.00319(1).
  918  
  919  A parent of a student, a student who is an emancipated minor, or
  920  a student who is 18 years of age or older may bring an action
  921  against the school district to obtain a declaratory judgment
  922  that an act or practice violates this subparagraph and to seek
  923  injunctive relief. A prevailing parent or student, as
  924  applicable, must be awarded reasonable attorney fees and court
  925  costs.
  926         2. A district school board, a district school
  927  superintendent, an elected or appointed local official, or any
  928  school district employee may not prohibit an employee from
  929  returning to work or subject an employee to restrictions or
  930  disparate treatment based on an exposure to COVID-19 so long as
  931  the employee remains asymptomatic and has not received a
  932  positive test for COVID-19 as defined in s. 381.00319(1).
  933         Section 24. Subsection (3) of section 1003.22, Florida
  934  Statutes, is amended, and paragraph (a) of subsection (4) of
  935  that section is republished, to read:
  936         1003.22 School-entry health examinations; immunization
  937  against communicable diseases; exemptions; duties of Department
  938  of Health.—
  939         (3) The Department of Health may adopt rules necessary to
  940  administer and enforce this section. The Department of Health,
  941  after consultation with the Department of Education, shall adopt
  942  rules governing the immunization of children against, the
  943  testing for, and the control of preventable communicable
  944  diseases. The rules must include procedures for exempting a
  945  child from immunization requirements. Immunizations must shall
  946  be required for poliomyelitis, diphtheria, rubeola, rubella,
  947  pertussis, mumps, tetanus, and other communicable diseases as
  948  determined by rules of the Department of Health; however, any
  949  immunization approved by the United States Food and Drug
  950  Administration only for emergency use may not be required. The
  951  manner and frequency of administration of the immunization or
  952  testing must shall conform to recognized standards of medical
  953  practice. The Department of Health shall supervise and secure
  954  the enforcement of the required immunization. Immunizations
  955  required by this section must shall be available at no cost from
  956  the county health departments.
  957         (4) Each district school board and the governing authority
  958  of each private school shall establish and enforce policies
  959  that:
  960         (a) Prior to admittance to or attendance in a public or
  961  private school, grades kindergarten through 12, or any other
  962  initial entrance into a Florida public or private school,
  963  require each child to have on file with the immunization
  964  registry a certification of immunization for the prevention of
  965  those communicable diseases for which immunization is required
  966  by the Department of Health. Any child who is excluded from
  967  participation in the immunization registry pursuant to s.
  968  381.003(1)(e)2. must present or have on file with the school
  969  such certification of immunization. Certification of
  970  immunization shall be made on forms approved and provided by the
  971  Department of Health or be on file with the immunization
  972  registry and shall become a part of each student’s permanent
  973  record, to be transferred when the student transfers, is
  974  promoted, or changes schools. The transfer of such immunization
  975  certification by Florida public schools shall be accomplished
  976  using the Florida Automated System for Transferring Education
  977  Records and shall be deemed to meet the requirements of this
  978  section.
  979         Section 25. For the purpose of incorporating the amendments
  980  made by this act to section 381.00316, Florida Statutes, in a
  981  reference thereto, subsection (1) of section 381.00318, Florida
  982  Statutes, is reenacted to read:
  983         381.00318 Complaints and investigations regarding mandate
  984  prohibitions; public records exemption.—
  985         (1) A complaint alleging a business entity’s, a
  986  governmental entity’s, or an educational institution’s violation
  987  of s. 381.00316, s. 381.00317, or s. 381.00319, and all
  988  information relating to an investigation of such complaint, held
  989  by the Department of Legal Affairs or the Department of Health
  990  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
  991  I of the State Constitution until the investigation is completed
  992  or ceases to be active. For purposes of this section, an
  993  investigation is considered “active” while such investigation is
  994  being conducted by the Department of Legal Affairs or the
  995  Department of Health with a reasonable good faith belief that it
  996  may lead to a determination of whether there was a violation of
  997  s. 381.00316, s. 381.00317, or s. 381.00319. An investigation
  998  does not cease to be active if the Department of Legal Affairs
  999  or the Department of Health is proceeding with reasonable
 1000  dispatch and there is a good faith belief that action may be
 1001  initiated by the Department of Legal Affairs or the Department
 1002  of Health.
 1003         Section 26. For the purpose of incorporating the amendments
 1004  made by this act to sections 760.01 and 760.02, Florida
 1005  Statutes, in references thereto, subsection (1) of section
 1006  760.11, Florida Statutes, is reenacted to read:
 1007         760.11 Administrative and civil remedies; construction.—
 1008         (1) Any person aggrieved by a violation of ss. 760.01
 1009  760.10 may file a complaint with the commission within 365 days
 1010  of the alleged violation, naming the employer, employment
 1011  agency, labor organization, or joint labor-management committee,
 1012  or, in the case of an alleged violation of s. 760.10(5), the
 1013  person responsible for the violation and describing the
 1014  violation. Any person aggrieved by a violation of s. 509.092 may
 1015  file a complaint with the commission within 365 days of the
 1016  alleged violation naming the person responsible for the
 1017  violation and describing the violation. The commission, a
 1018  commissioner, or the Attorney General may in like manner file
 1019  such a complaint. On the same day the complaint is filed with
 1020  the commission, the commission shall clearly stamp on the face
 1021  of the complaint the date the complaint was filed with the
 1022  commission. In lieu of filing the complaint with the commission,
 1023  a complaint under this section may be filed with the federal
 1024  Equal Employment Opportunity Commission or with any unit of
 1025  government of the state which is a fair-employment-practice
 1026  agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the
 1027  complaint is filed is clearly stamped on the face of the
 1028  complaint, that date is the date of filing. The date the
 1029  complaint is filed with the commission for purposes of this
 1030  section is the earliest date of filing with the Equal Employment
 1031  Opportunity Commission, the fair-employment-practice agency, or
 1032  the commission. The complaint shall contain a short and plain
 1033  statement of the facts describing the violation and the relief
 1034  sought. The commission may require additional information to be
 1035  in the complaint. The commission, within 5 days of the complaint
 1036  being filed, shall by registered mail send a copy of the
 1037  complaint to the person who allegedly committed the violation.
 1038  The person who allegedly committed the violation may file an
 1039  answer to the complaint within 25 days of the date the complaint
 1040  was filed with the commission. Any answer filed shall be mailed
 1041  to the aggrieved person by the person filing the answer. Both
 1042  the complaint and the answer shall be verified.
 1043         Section 27. For the purpose of incorporating the amendments
 1044  made by this act to section 760.10, Florida Statutes, in a
 1045  reference thereto, subsection (15) of section 760.11, Florida
 1046  Statutes, is reenacted to read:
 1047         760.11 Administrative and civil remedies; construction.—
 1048         (15) In any civil action or administrative proceeding
 1049  brought pursuant to this section, a finding that a person
 1050  employed by the state or any governmental entity or agency has
 1051  violated s. 760.10 shall as a matter of law constitute just or
 1052  substantial cause for such person’s discharge.
 1053         Section 28. For the purpose of incorporating the amendments
 1054  made by this act to sections 760.25 and 760.26, Florida
 1055  Statutes, in references thereto, section 760.20, Florida
 1056  Statutes, is reenacted to read:
 1057         760.20 Fair Housing Act; short title.—Sections 760.20
 1058  760.37 may be cited as the “Fair Housing Act.”
 1059         Section 29. For the purpose of incorporating the amendments
 1060  made by this act to sections 760.25 and 760.26, Florida
 1061  Statutes, in references thereto, section 760.30, Florida
 1062  Statutes, is reenacted to read:
 1063         760.30 Administration of ss. 760.20-760.37.—
 1064         (1) The authority and responsibility for administering ss.
 1065  760.20-760.37 is in the commission.
 1066         (2) The commission may delegate any of its functions,
 1067  duties, and powers to its employees, including functions,
 1068  duties, and powers with respect to investigating, conciliating,
 1069  hearing, determining, ordering, certifying, reporting, or
 1070  otherwise acting as to any work, business, or matter under ss.
 1071  760.20-760.37.
 1072         Section 30. For the purpose of incorporating the amendments
 1073  made by this act to sections 760.25 and 760.26, Florida
 1074  Statutes, in references thereto, subsections (4) and (5) of
 1075  section 760.31, Florida Statutes, are reenacted to read:
 1076         760.31 Powers and duties of commission.—The commission
 1077  shall:
 1078         (4) Administer the programs and activities relating to
 1079  housing in a manner affirmatively to further the policies of ss.
 1080  760.20-760.37.
 1081         (5) Adopt rules necessary to implement ss. 760.20-760.37
 1082  and govern the proceedings of the commission in accordance with
 1083  chapter 120. Commission rules shall clarify terms used with
 1084  regard to accessibility for persons with disabilities,
 1085  exceptions from accessibility requirements based on terrain or
 1086  site characteristics, and requirements related to housing for
 1087  older persons.
 1088         Section 31. For the purpose of incorporating the amendments
 1089  made by this act to sections 760.25 and 760.26, Florida
 1090  Statutes, in references thereto, subsections (1), (3), (4), and
 1091  (7) of section 760.34, Florida Statutes, are reenacted to read:
 1092         760.34 Enforcement.—
 1093         (1) Any person who claims to have been injured by a
 1094  discriminatory housing practice or who believes that he or she
 1095  will be injured by a discriminatory housing practice that is
 1096  about to occur may file a complaint with the commission.
 1097  Complaints shall be in writing and contain such information and
 1098  be in such form as the commission requires. Upon receipt of such
 1099  a complaint, the commission shall furnish a copy to the person
 1100  or persons who allegedly committed the discriminatory housing
 1101  practice or are about to commit the alleged discriminatory
 1102  housing practice. Within 100 days after receiving a complaint,
 1103  or within 100 days after the expiration of any period of
 1104  reference under subsection (3), the commission shall investigate
 1105  the complaint and give notice in writing to the aggrieved person
 1106  whether it intends to resolve it. If the commission decides to
 1107  resolve the complaint, it shall proceed to try to eliminate or
 1108  correct the alleged discriminatory housing practice by informal
 1109  methods of conference, conciliation, and persuasion. Insofar as
 1110  possible, conciliation meetings shall be held in the cities or
 1111  other localities where the discriminatory housing practices
 1112  allegedly occurred. Nothing said or done in the course of such
 1113  informal endeavors may be made public or used as evidence in a
 1114  subsequent proceeding under ss. 760.20-760.37 without the
 1115  written consent of the persons concerned. Any employee of the
 1116  commission who makes public any information in violation of this
 1117  provision is guilty of a misdemeanor of the first degree,
 1118  punishable as provided in s. 775.082 or s. 775.083.
 1119         (3) If a local fair housing law provides rights and
 1120  remedies for alleged discriminatory housing practices which are
 1121  substantially equivalent to the rights and remedies provided in
 1122  ss. 760.20-760.37, the commission shall notify the appropriate
 1123  local agency of any complaint filed under ss. 760.20-760.37
 1124  which appears to constitute a violation of the local fair
 1125  housing law, and the commission shall take no further action
 1126  with respect to such complaint if the local law enforcement
 1127  official has, within 30 days after the date the alleged offense
 1128  was brought to his or her attention, commenced proceedings in
 1129  the matter. In no event shall the commission take further action
 1130  unless it certifies that in its judgment, under the
 1131  circumstances of the particular case, the protection of the
 1132  rights of the parties or the interests of justice require such
 1133  action.
 1134         (4) The aggrieved person may commence a civil action in any
 1135  appropriate court against the respondent named in the complaint
 1136  or petition for an administrative determination under s. 760.35
 1137  to enforce the rights granted or protected by ss. 760.20-760.37
 1138  and is not required to petition for an administrative hearing or
 1139  exhaust administrative remedies before commencing such action.
 1140  If, as a result of its investigation under subsection (1), the
 1141  commission finds there is reasonable cause to believe that a
 1142  discriminatory housing practice has occurred, at the request of
 1143  the aggrieved person, the Attorney General may bring an action
 1144  in the name of the state on behalf of the aggrieved person to
 1145  enforce ss. 760.20-760.37.
 1146         (7)(a) The commission may institute a civil action in any
 1147  appropriate court if it is unable to obtain voluntary compliance
 1148  with ss. 760.20-760.37. The commission does not have to petition
 1149  for an administrative hearing or exhaust its administrative
 1150  remedies before bringing a civil action.
 1151         (b) The court may impose the following fines for each
 1152  violation of ss. 760.20-760.37:
 1153         1. Up to $10,000, if the respondent has not previously been
 1154  found guilty of a violation of ss. 760.20-760.37.
 1155         2. Up to $25,000, if the respondent has been found guilty
 1156  of one prior violation of ss. 760.20-760.37 within the preceding
 1157  5 years.
 1158         3. Up to $50,000, if the respondent has been found guilty
 1159  of two or more violations of ss. 760.20-760.37 within the
 1160  preceding 7 years.
 1161  
 1162  In imposing a fine under this paragraph, the court shall
 1163  consider the nature and circumstances of the violation, the
 1164  degree of culpability, the history of prior violations of ss.
 1165  760.20-760.37, the financial circumstances of the respondent,
 1166  and the goal of deterring future violations of ss. 760.20
 1167  760.37.
 1168         (c) The court shall award reasonable attorney fees and
 1169  costs to the commission in any action in which the commission
 1170  prevails.
 1171         Section 32. For the purpose of incorporating the amendments
 1172  made by this act to sections 760.25 and 760.26, Florida
 1173  Statutes, in references thereto, subsection (1) and paragraph
 1174  (a) of subsection (5) of section 760.35, Florida Statutes, are
 1175  reenacted to read:
 1176         760.35 Civil actions and relief; administrative
 1177  procedures.—
 1178         (1) An aggrieved person may commence a civil action no
 1179  later than 2 years after an alleged discriminatory housing
 1180  practice has occurred. However, the court shall continue a civil
 1181  case brought under this section or s. 760.34 before bringing it
 1182  to trial if the court believes that the conciliation efforts of
 1183  the commission or local agency are likely to result in
 1184  satisfactory settlement of the discriminatory housing practice
 1185  complained of in the complaint made to the commission or to the
 1186  local agency and which practice forms the basis for the action
 1187  in court. Any sale, encumbrance, or rental consummated before
 1188  the issuance of any court order issued under the authority of
 1189  ss. 760.20-760.37 and involving a bona fide purchaser,
 1190  encumbrancer, or tenant without actual notice of the existence
 1191  of the filing of a complaint or civil action under ss. 760.20
 1192  760.37 is not affected.
 1193         (5)(a) If the commission is unable to obtain voluntary
 1194  compliance with ss. 760.20-760.37 or has reasonable cause to
 1195  believe that a discriminatory practice has occurred:
 1196         1. The commission may institute an administrative
 1197  proceeding under chapter 120; or
 1198         2. The aggrieved person may request administrative relief
 1199  under chapter 120 within 30 days after receiving notice that the
 1200  commission has concluded its investigation under s. 760.34.
 1201         Section 33. For the purpose of incorporating the amendments
 1202  made by this act to sections 760.25 and 760.26, Florida
 1203  Statutes, in references thereto, section 760.37, Florida
 1204  Statutes, is reenacted to read:
 1205         760.37 Interference, coercion, or intimidation; enforcement
 1206  by administrative or civil action.—It is unlawful to coerce,
 1207  intimidate, threaten, or interfere with any person in the
 1208  exercise of, or on account of her or his having exercised, or on
 1209  account of her or his having aided or encouraged any other
 1210  person in the exercise of any right granted under ss. 760.20
 1211  760.37. This section may be enforced by appropriate
 1212  administrative or civil action.
 1213         Section 34. For the purpose of incorporating the amendment
 1214  made by this act to section 1003.22, Florida Statutes, in a
 1215  reference thereto, paragraph (a) of subsection (6) of section
 1216  1002.42, Florida Statutes, is reenacted to read:
 1217         1002.42 Private schools.—
 1218         (6) IMMUNIZATIONS.—The governing authority of each private
 1219  school shall:
 1220         (a) Require students to present a certification of
 1221  immunization in accordance with the provisions of s. 1003.22(3)
 1222  (11).
 1223         Section 35. This act shall take effect July 1, 2024.