Bill Text: FL H0189 | 2010 | Regular Session | Introduced

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Bill Title: Florida Commission on Human Relations

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on Governmental Affairs Policy (EDCA) [H0189 Detail]

Download: Florida-2010-H0189-Introduced.html

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HB 189

1	A bill to be entitled
2	An act relating to Florida Commission on Human Relations;
3	amending s. 110.112, F.S.; revising a reference to the
4	Florida Civil Rights Act; amending s. 419.001, F.S.;
5	deleting a reference to the term "handicapped"; conforming
6	a cross-reference; amending s. 420.9075, F.S.; revising a
7	cross-reference; amending s. 760.01, F.S.; redesignating
8	the Florida Civil Rights Act of 1992 as the Florida Civil
9	Rights Act; revising a cross-reference; substituting the
10	term "disability" for the term "handicap"; amending s.
11	760.02, F.S.; providing definitions; creating s. 760.0201,
12	F.S.; providing guidelines for determination of the
13	existence of an impairment; amending ss. 760.03 and
14	760.04, F.S.; revising references to the Florida Civil
15	Rights Act; amending s. 760.05, F.S.; substituting the
16	term "disability" for the term "handicap"; creating s.
17	760.055, F.S.; providing for administration of the Florida
18	Civil Rights Act; amending s. 760.06, F.S.; revising
19	references to the Florida Civil Rights Act; permitting the
20	commission to use any method of discovery authorized by
21	the Florida Rules of Civil Procedure in its proceedings;
22	specifying persons and entities that may receive technical
23	assistance from the commission; authorizing the commission
24	to charge reasonable fees and assess costs for certain
25	products or services; amending s. 760.07, F.S.;
26	substituting the terms "sex" and "disability" for the
27	terms "gender" and "handicap," respectively; conforming a
28	cross-reference; amending s. 760.08, F.S.; substituting
29	the term "disability" for the term "handicap"; amending s.
30	760.10, F.S.; substituting the term "disability" for the
31	term "handicap"; specifying when an unlawful employment
32	practice occurs with respect to compensation
33	discrimination; providing for relief for unlawful
34	employment practices with regard to compensation
35	discrimination; providing that an unlawful employment
36	practice is established when a prohibited ground for
37	discrimination is a motivating factor, even though other
38	factors may have also contributed; specifying that certain
39	protections extend to women who are pregnant or who have
40	any medical condition related to pregnancy or childbirth;
41	amending s. 760.11, F.S.; revising provisions relating to
42	responses to complaints; providing for temporary or
43	preliminary relief pending final disposition of charges;
44	providing for relief upon a finding that a respondent to a
45	complaint has intentionally engaged in unlawful practices;
46	prohibiting orders of reinstatement, hiring, or promotion
47	in certain circumstances; authorizing the executive
48	director, on his or her own initiative, to reconsider his
49	or her final determination of reasonable cause; conforming
50	cross-references; providing a time limit for the
51	commencement of certain actions; creating s. 760.12, F.S.;
52	providing for recovery of expenditures for state-funded
53	products or services provided by the commission under the
54	Florida Civil Rights Act; creating s. 760.13, F.S.;
55	providing fees for products or services provided under the
56	Florida Civil Rights Act; authorizing the provision of
57	information in electronic format; providing for
58	disposition of fees; creating s. 760.14, F.S.; providing
59	for mediation, arbitration, and conciliation services
60	under the Florida Civil Rights Act; providing for a
61	session fee and its disposition; specifying conditions for
62	immunity from liability for persons providing such
63	services; creating s. 760.15, F.S.; providing for
64	computation of time under the Florida Civil Rights Act;
65	creating s. 760.16, F.S.; providing for a direct-support
66	organization for the commission; providing definitions;
67	providing for a board of directors; providing for a
68	contract between the organization and the commission;
69	providing for use of property and services; providing for
70	activities of the organization; providing for budgets and
71	audits; providing limits on the powers of the
72	organization; authorizing commission rulemaking concerning
73	the organization; amending s. 760.20, F.S.; revising a
74	cross-reference; amending s. 760.22, F.S.; revising a
75	cross-reference; providing definitions; deleting the
76	definition of the term "handicap"; creating s. 760.221,
77	F.S.; providing guidelines for determination of the
78	existence of an impairment for purposes of the Fair
79	Housing Act; amending ss. 760.23, 760.24, and 760.25,
80	F.S.; substituting the term "disability" for the term
81	"handicap"; revising a cross-reference; amending s.
82	760.29, F.S.; revising cross-references; revising
83	procedures and fees for facilities or communities claiming
84	exemption from specified provisions as housing for older
85	persons; providing additional grounds for imposing an
86	administrative fine; substituting the term "disability"
87	for the term "handicap"; amending s. 760.30, F.S.;
88	revising cross-references; amending s. 760.31, F.S.;
89	revising cross-references; substituting the term
90	"disability" for the term "handicap"; amending s. 760.32,
91	F.S.; permitting the commission to use in its proceedings
92	any method of discovery authorized by the Florida Rules of
93	Civil Procedure; amending s. 760.34, F.S.; revising cross-
94	references; substituting the term "response" for the term
95	"answer"; providing for actions for temporary or
96	preliminary relief in certain circumstances; providing
97	that, if the commission determines that there is not
98	reasonable cause to believe that a discriminatory housing
99	practice has occurred, the commission shall dismiss the
100	complaint; providing for administrative hearings following
101	such a determination; amending s. 760.35, F.S.; providing
102	that the statute of limitations for certain actions is
103	tolled during the pendency of certain administrative
104	proceedings; revising cross-references; amending ss.
105	760.36 and 760.37, F.S.; revising cross-references;
106	creating s. 760.38, F.S.; providing for recovery of
107	expenditures for state-funded products or services
108	provided by the commission under the Fair Housing Act;
109	creating s. 760.39, F.S.; providing fees for products or
110	services provided under the Fair Housing Act; authorizing
111	the provision of information in electronic format;
112	providing for disposition of fees; creating s. 760.401,
113	F.S.; providing for mediation, arbitration, and
114	conciliation services under the Fair Housing Act;
115	specifying conditions for immunity from liability for
116	persons providing such services; creating s. 760.41, F.S.;
117	providing for computation of time under the Fair Housing
118	Act; amending s. 760.50, F.S.; revising a reference to
119	handicapped persons; amending s. 760.60, F.S.;
120	substituting the terms "sex" and "disability" for the
121	terms "gender" and "handicap," respectively; providing an
122	effective date.
123
124	Be It Enacted by the Legislature of the State of Florida:
125
126	Section 1. Subsection (4) of section 110.112, Florida
127	Statutes, is amended to read:
128	110.112 Affirmative action; equal employment
129	opportunity.--
130	(4) The state, its agencies and officers shall ensure
131	freedom from discrimination in employment as provided by the
132	Florida Civil Rights Act of 1992, by s. 112.044, and by this
133	chapter.
134	Section 2. Paragraph (d) of subsection (1) of section
135	419.001, Florida Statutes, is amended to read:
136	419.001 Site selection of community residential homes.--
137	(1) For the purposes of this section, the following
138	definitions shall apply:
139	(d) "Resident" means any of the following: a frail elder
140	as defined in s. 429.65; a physically disabled or handicapped
141	person as defined in s. 760.22(7)(a); a developmentally disabled
142	person as defined in s. 393.063; a nondangerous mentally ill
143	person as defined in s. 394.455(18); or a child who is found to
144	be dependent as defined in s. 39.01 or s. 984.03;, or a child in
145	need of services as defined in s. 984.03 or s. 985.03.
146	Section 3. Paragraph (c) of subsection (4) of section
147	420.9075, Florida Statutes, is amended to read:
148	420.9075 Local housing assistance plans; partnerships.--
149	(4) Each local housing assistance plan is governed by the
150	following criteria and administrative procedures:
151	(c) In accordance with the provisions of ss. 760.20-760.41
152	760.20-760.37, it is unlawful to discriminate on the basis of
153	race, creed, religion, color, age, sex, marital status, familial
154	status, national origin, or handicap in the award application
155	process for eligible housing.
156	Section 4. Section 760.01, Florida Statutes, is amended to
157	read:
158	760.01 Purposes; construction; title.--
159	(1) Sections 760.01-760.15 760.01-760.11 and 509.092 shall
160	be cited as the "Florida Civil Rights Act of 1992."
161	(2) The general purposes of the Florida Civil Rights Act
162	of 1992 are to secure for all individuals within the state
163	freedom from discrimination because of race, color, religion,
164	sex, national origin, age, disability handicap, or marital
165	status and thereby to protect their interest in personal
166	dignity, to make available to the state their full productive
167	capacities, to secure the state against domestic strife and
168	unrest, to preserve the public safety, health, and general
169	welfare, and to promote the interests, rights, and privileges of
170	individuals within the state.
171	(3) The Florida Civil Rights Act of 1992 shall be
172	construed according to the fair import of its terms and shall be
173	liberally construed to further the general purposes stated in
174	this section and the special purposes of the particular
175	provision involved.
176	Section 5. Section 760.02, Florida Statutes, is amended to
177	read:
178	760.02 Definitions.--For the purposes of ss. 760.01-760.15
179	760.01-760.11 and 509.092, the term:
180	(1)(10) "Aggrieved person" means any person who files a
181	complaint with the Human Relations Commission.
182	(2) "Commission" means the Florida Commission on Human
183	Relations created by s. 760.03.
184	(3) "Commissioner" or "member" means a member of the
185	commission.
186	(4) "Disability," with respect to an individual, means:
187	(a) A physical or mental impairment that substantially
188	limits one or more of the major life activities of the
189	individual;
190	(b) A record of such impairment;
191	(c) Being regarded as having such an impairment; or
192	(d) Having a developmental disability as defined in s.
193	393.063.
194	(5)(4) "Discriminatory practice" means any practice made
195	unlawful by the Florida Civil Rights Act of 1992.
196	(6)(7) "Employer" means any person employing 15 or more
197	employees for each working day in each of 20 or more calendar
198	weeks in the current or preceding calendar year, and any agent
199	of such a person.
200	(7)(8) "Employment agency" means any person regularly
201	undertaking, with or without compensation, to procure employees
202	for an employer or to procure for employees opportunities to
203	work for an employer, and includes an agent of such a person.
204	(8)(1) "Florida Civil Rights Act of 1992" means ss.
205	760.01-760.15 760.01-760.11 and 509.092.
206	(9) "Labor organization" means any organization which
207	exists for the purpose, in whole or in part, of collective
208	bargaining or of dealing with employers concerning grievances,
209	terms or conditions of employment, or other mutual aid or
210	protection in connection with employment.
211	(10) "Major life activities" includes, but is not limited
212	to:
213	(a) Caring for one's self, performing manual tasks, and
214	functioning in a workplace environment.
215	(b) Major bodily functions, including, but not limited to,
216	visual, auditory, aural, and cognitive functions; functions of
217	the immune, digestive, neurological, respiratory, circulatory,
218	endocrine, and reproductive systems; normal cell growth; and
219	functions of the bowel, bladder, and brain.
220	(11)(5) "National origin" includes ancestry.
221	(12)(6) "Person" includes an individual, association,
222	corporation, joint apprenticeship committee, joint-stock
223	company, labor union, legal representative, mutual company,
224	partnership, receiver, trust, trustee in bankruptcy, or
225	unincorporated organization; any other legal or commercial
226	entity; the state; or any governmental entity or agency.
227	(13)(11) "Public accommodations" means places of public
228	accommodation, lodgings, facilities principally engaged in
229	selling food for consumption on the premises, gasoline stations,
230	places of exhibition or entertainment, and other covered
231	establishments. Each of the following establishments which
232	serves the public is a place of public accommodation within the
233	meaning of this section:
234	(a) Any inn, hotel, motel, or other establishment which
235	provides lodging to transient guests, other than an
236	establishment located within a building which contains not more
237	than four rooms for rent or hire and which is actually occupied
238	by the proprietor of such establishment as his or her residence.
239	(b) Any restaurant, cafeteria, lunchroom, lunch counter,
240	soda fountain, or other facility principally engaged in selling
241	food for consumption on the premises, including, but not limited
242	to, any such facility located on the premises of any retail
243	establishment, or any gasoline station.
244	(c) Any motion picture theater, theater, concert hall,
245	sports arena, stadium, or other place of exhibition or
246	entertainment.
247	(d) Any establishment which is physically located within
248	the premises of any establishment otherwise covered by this
249	subsection, or within the premises of which is physically
250	located any such covered establishment, and which holds itself
251	out as serving patrons of such covered establishment.
252	(14) "Substantially limits" means to materially restrict
253	an individual's ability.
254	(15) "Transitory or minor impairment" means any impairment
255	having an actual, apparent, or expected duration of 6 months or
256	less.
257	Section 6. Section 760.0201, Florida Statutes, is created
258	to read:
259	760.0201 Impairment.--For purposes of the Florida Civil
260	Rights Act, an individual who has been subjected to an action
261	prohibited under the act because of an actual or perceived
262	physical or mental impairment, regardless of whether the
263	impairment limits or is perceived to limit a major life
264	activity, has an impairment. An impairment that limits a single
265	major life activity may be considered a disability; however, a
266	transitory or minor impairment may not be considered a
267	disability. An impairment that is episodic or in remission is
268	considered a disability if it substantially limits a major life
269	activity when the impairment is active or not in remission. The
270	determination of whether an impairment substantially limits a
271	major life activity must be made without regard to the
272	ameliorative effects of mitigating measures, such as medication;
273	medical supplies; equipment or appliances; low-vision devices,
274	not including ordinary eyeglasses or contact lenses;
275	prosthetics, including artificial limbs and devices, hearing
276	aids, cochlear implants or other implantable hearing devices,
277	and mobility devices; oxygen-therapy equipment and supplies; use
278	of assistive technology; reasonable accommodations or auxiliary
279	aids or services, including qualified interpreters or other
280	effective measures of making aurally delivered materials
281	available to individuals with hearing impairments; qualified
282	readers; taped texts or other effective methods of making
283	visually delivered materials available to individuals with
284	visual impairments; acquisition or modification of equipment and
285	devices and other similar services and actions; or learned
286	behavioral or adaptive neurological modifications.
287	Section 7. Subsection (5) of section 760.03, Florida
288	Statutes, is amended to read:
289	760.03 Commission on Human Relations; staff.--
290	(5) Seven members shall constitute a quorum for the
291	conduct of business; however, the commission may establish
292	panels of not less than three of its members to exercise its
293	powers under the Florida Civil Rights Act of 1992, subject to
294	such procedures and limitations as the commission may provide by
295	rule.
296	Section 8. Section 760.04, Florida Statutes, is amended to
297	read:
298	760.04 Commission on Human Relations, assigned to
299	Department of Management Services.--The commission created by s.
300	760.03 is assigned to the Department of Management Services. The
301	commission, in the performance of its duties pursuant to the
302	Florida Civil Rights Act of 1992, shall not be subject to
303	control, supervision, or direction by the Department of
304	Management Services.
305	Section 9. Section 760.05, Florida Statutes, is amended to
306	read:
307	760.05 Functions of the commission.--The commission shall
308	promote and encourage fair treatment and equal opportunity for
309	all persons regardless of race, color, religion, sex, national
310	origin, age, disability handicap, or marital status and mutual
311	understanding and respect among all members of all economic,
312	social, racial, religious, and ethnic groups; and shall endeavor
313	to eliminate discrimination against, and antagonism between,
314	religious, racial, and ethnic groups and their members.
315	Section 10. Section 760.055, Florida Statutes, is created
316	to read:
317	760.055 Administration of the Florida Civil Rights
318	Act.--The authority and responsibility for administering the
319	Florida Civil Rights Act shall be with the commission. The
320	commission may delegate any of its functions, duties, and powers
321	to its employees, including functions, duties, and powers with
322	respect to investigating, conciliating, hearing, determining,
323	ordering, certifying, reporting, or otherwise acting as to any
324	work, business, or matter under the Florida Civil Rights Act.
325	Section 11. Subsections (5), (6), (8), (9), (10), (11),
326	and (12) of section 760.06, Florida Statutes, are amended, and
327	subsection (14) is added to that section, to read:
328	760.06 Powers of the commission.--Within the limitations
329	provided by law, the commission shall have the following powers:
330	(5) To receive, initiate, investigate, seek to conciliate,
331	hold hearings on, and act upon complaints alleging any
332	discriminatory practice, as defined by the Florida Civil Rights
333	Act of 1992.
334	(6) To issue subpoenas for, administer oaths or
335	affirmations to, and compel the attendance and testimony of
336	witnesses; or to issue subpoenas for and compel the production
337	of books, papers, records, documents, and other evidence
338	pertaining to any investigation or hearing convened pursuant to
339	the powers of the commission; or to use any other method of
340	discovery authorized by the Florida Rules of Civil Procedure. In
341	conducting an investigation, the commission and its
342	investigators shall have access at all reasonable times to
343	premises, records, documents, and other evidence or possible
344	sources of evidence and may examine, record, and copy such
345	materials and take and record the testimony or statements of
346	such persons as are reasonably necessary for the furtherance of
347	the investigation. The authority to issue subpoenas and
348	administer oaths may be delegated by the commission, for
349	investigations or hearings, to a commissioner or the executive
350	director. In the case of a refusal to obey a subpoena or other
351	method of discovery authorized by the Florida Rules of Civil
352	Procedure issued to any person, the commission may make
353	application to any circuit court of this state, which shall have
354	jurisdiction to order the witness to appear before the
355	commission to give testimony and to produce evidence concerning
356	the matter in question. Failure to obey the court's order may be
357	punished by the court as contempt. If the court enters an order
358	holding a person in contempt or compelling the person to comply
359	with the commission's order or subpoena, the court shall order
360	the person to pay the commission reasonable expenses, including
361	reasonable attorneys' fees, accrued by the commission in
362	obtaining the order from the court.
363	(8) To furnish technical assistance to employees,
364	employers, community leaders, educational institutions,
365	individuals, and other private and public entities requested by
366	persons to facilitate progress in human relations.
367	(9) To make or arrange for studies appropriate to
368	effectuate the purposes and policies of the Florida Civil Rights
369	Act of 1992 and to make the results thereof available to the
370	public.
371	(10) To become a deferral agency for the Federal
372	Government and to comply with the necessary federal regulations
373	to effect the Florida Civil Rights Act of 1992.
374	(11) To render, at least annually, a comprehensive written
375	report to the Governor and the Legislature. The report may
376	contain recommendations of the commission for legislation or
377	other action to effectuate the purposes and policies of the
378	Florida Civil Rights Act of 1992.
379	(12) To adopt, promulgate, amend, and rescind rules to
380	effectuate the purposes and policies of the Florida Civil Rights
381	Act of 1992 and govern the proceedings of the commission, in
382	accordance with chapter 120.
383	(14) To charge reasonable fees and assess costs incurred
384	by the commission for products or services provided.
385	Section 12. Section 760.07, Florida Statutes, is amended
386	to read:
387	760.07 Remedies for unlawful discrimination.--Any
388	violation of any Florida statute making unlawful discrimination
389	because of race, color, religion, sex gender, national origin,
390	age, disability handicap, or marital status in the areas of
391	education, employment, housing, or public accommodations gives
392	rise to a cause of action for all relief and damages described
393	in s. 760.11(6)(5), unless greater damages are expressly
394	provided for. If the statute prohibiting unlawful discrimination
395	provides an administrative remedy, the action for equitable
396	relief and damages provided for in this section may be initiated
397	only after the plaintiff has exhausted his or her administrative
398	remedy. The term "public accommodations" does not include lodge
399	halls or other similar facilities of private organizations which
400	are made available for public use occasionally or periodically.
401	The right to trial by jury is preserved in any case in which the
402	plaintiff is seeking actual or punitive damages.
403	Section 13. Section 760.08, Florida Statutes, is amended
404	to read:
405	760.08 Discrimination in places of public
406	accommodation.--All persons shall be entitled to the full and
407	equal enjoyment of the goods, services, facilities, privileges,
408	advantages, and accommodations of any place of public
409	accommodation, as defined in this chapter, without
410	discrimination or segregation on the ground of race, color,
411	national origin, sex, disability handicap, familial status, or
412	religion.
413	Section 14. Subsections (1) through (6) and paragraph (a)
414	of subsection (8) of section 760.10, Florida Statutes, are
415	amended, present subsections (9) and (10) of that section are
416	renumbered as subsections (11) and (12), respectively, and new
417	subsections (9) and (10) are added to that section, to read:
418	760.10 Unlawful employment practices.--
419	(1) It is an unlawful employment practice for an employer:
420	(a) To discharge or to fail or refuse to hire any
421	individual, or otherwise to discriminate against any individual
422	with respect to compensation, terms, conditions, or privileges
423	of employment, because of such individual's race, color,
424	religion, sex, national origin, age, disability handicap, or
425	marital status.
426	1. For the purposes of this paragraph, an unlawful
427	employment practice occurs with respect to compensation
428	discrimination in violation of this paragraph when a
429	discriminatory compensation decision or other practice is
430	adopted, when an individual becomes subject to a discriminatory
431	compensation decision or other practice, or when an individual
432	is affected by application of a discriminatory compensation
433	decision or other practice, including each time wages, benefits,
434	or other compensation are paid, resulting in whole or in part
435	from such a decision or other practice.
436	2. In addition to any relief authorized by s. 760.11,
437	liability under this paragraph may accrue and an aggrieved
438	person may obtain relief as provided in s. 760.11, including
439	recovery of back pay for up to 2 years preceding the filing of
440	the charge, if the unlawful employment practice that occurred
441	during the time for filing a charge is similar or related to an
442	unlawful employment practice with regard to discrimination in
443	compensation that occurred outside the time for filing a charge.
444	(b) To limit, segregate, or classify employees or
445	applicants for employment in any way which would deprive or tend
446	to deprive any individual of employment opportunities, or
447	adversely affect any individual's status as an employee, because
448	of such individual's race, color, religion, sex, national
449	origin, age, disability handicap, or marital status.
450	(2) It is an unlawful employment practice for an
451	employment agency to fail or refuse to refer for employment, or
452	otherwise to discriminate against, any individual because of
453	race, color, religion, sex, national origin, age, disability
454	handicap, or marital status or to classify or refer for
455	employment any individual on the basis of race, color, religion,
456	sex, national origin, age, disability handicap, or marital
457	status.
458	(3) It is an unlawful employment practice for a labor
459	organization:
460	(a) To exclude or to expel from its membership, or
461	otherwise to discriminate against, any individual because of
462	race, color, religion, sex, national origin, age, disability
463	handicap, or marital status.
464	(b) To limit, segregate, or classify its membership or
465	applicants for membership, or to classify or fail or refuse to
466	refer for employment any individual, in any way which would
467	deprive or tend to deprive any individual of employment
468	opportunities, or adversely affect any individual's status as an
469	employee or as an applicant for employment, because of such
470	individual's race, color, religion, sex, national origin, age,
471	disability handicap, or marital status.
472	(c) To cause or attempt to cause an employer to
473	discriminate against an individual in violation of this section.
474	(4) It is an unlawful employment practice for any
475	employer, labor organization, or joint labor-management
476	committee controlling apprenticeship or other training or
477	retraining, including on-the-job training programs, to
478	discriminate against any individual because of race, color,
479	religion, sex, national origin, age, disability handicap, or
480	marital status in admission to, or employment in, any program
481	established to provide apprenticeship or other training.
482	(5) Whenever, in order to engage in a profession,
483	occupation, or trade, it is required that a person receive a
484	license, certification, or other credential, become a member or
485	an associate of any club, association, or other organization, or
486	pass any examination, it is an unlawful employment practice for
487	any person to discriminate against any other person seeking such
488	license, certification, or other credential, seeking to become a
489	member or associate of such club, association, or other
490	organization, or seeking to take or pass such examination,
491	because of such other person's race, color, religion, sex,
492	national origin, age, disability handicap, or marital status.
493	(6) It is an unlawful employment practice for an employer,
494	labor organization, employment agency, or joint labor-management
495	committee to print, or cause to be printed or published, any
496	notice or advertisement relating to employment, membership,
497	classification, referral for employment, or apprenticeship or
498	other training, indicating any preference, limitation,
499	specification, or discrimination, based on race, color,
500	religion, sex, national origin, age, absence of disability
501	handicap, or marital status.
502	(8) Notwithstanding any other provision of this section,
503	it is not an unlawful employment practice under ss. 760.01-
504	760.10 for an employer, employment agency, labor organization,
505	or joint labor-management committee to:
506	(a) Take or fail to take any action on the basis of
507	religion, sex, national origin, age, disability handicap, or
508	marital status in those certain instances in which religion,
509	sex, national origin, age, absence of a particular disability
510	handicap, or marital status is a bona fide occupational
511	qualification reasonably necessary for the performance of the
512	particular employment to which such action or inaction is
513	related.
514	(9) Except as otherwise provided in this section, an
515	unlawful employment practice is established when the complaining
516	party demonstrates that race, color, religion, sex, age,
517	disability, marital status, or national origin is a motivating
518	factor for any unlawful employment practice, including any
519	adverse personnel action, even though other factors may have
520	also contributed to or motivated the practice.
521	(10) The protections of this section extend to women who
522	are pregnant or who have any medical condition related to
523	pregnancy or childbirth. Women affected by pregnancy,
524	childbirth, or any medical condition related to pregnancy or
525	childbirth must be treated the same for employment-related
526	purposes as all other persons having similar abilities.
527	Section 15. Subsections (1), (3), (4), (6), (7), (8), and
528	(13) of section 760.11, Florida Statutes, are amended, present
529	subsections (4) through (15) of that section are renumbered as
530	subsections (5) through (16), respectively, and a new subsection
531	(4) is added to that section, to read:
532	760.11 Administrative and civil remedies; construction.--
533	(1) Any person aggrieved by a violation of ss. 760.01-
534	760.10 may file a complaint with the commission within 365 days
535	of the alleged violation, naming the employer, employment
536	agency, labor organization, or joint labor-management committee,
537	or, in the case of an alleged violation of s. 760.10(5), the
538	person responsible for the violation and describing the
539	violation. Any person aggrieved by a violation of s. 509.092 may
540	file a complaint with the commission within 365 days of the
541	alleged violation naming the person responsible for the
542	violation and describing the violation. The commission, a
543	commissioner, or the Attorney General may in like manner file
544	such a complaint. On the same day the complaint is filed with
545	the commission, the commission shall clearly stamp on the face
546	of the complaint the date the complaint was filed with the
547	commission. In lieu of filing the complaint with the commission,
548	a complaint under this section may be filed with the federal
549	Equal Employment Opportunity Commission or with any unit of
550	government of the state which is a fair-employment-practice
551	agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the
552	complaint is filed is clearly stamped on the face of the
553	complaint, that date is the date of filing. The date the
554	complaint is filed with the commission for purposes of this
555	section is the earliest date of filing with the Equal Employment
556	Opportunity Commission, the fair-employment-practice agency, or
557	the commission. The complaint shall contain a short and plain
558	statement of the facts describing the violation and the relief
559	sought. The commission may require additional information to be
560	in the complaint. The commission, within 5 days of the complaint
561	being filed, shall provide by registered mail send a copy of the
562	complaint to the person who allegedly committed the violation.
563	The person who allegedly committed the violation must respond in
564	writing to the commission and send a copy of his or her response
565	to the aggrieved person may file an answer to the complaint
566	within 25 days of the date the commission mailed the complaint
567	to the respondent was filed with the commission. Any answer
568	filed shall be mailed to the aggrieved person by the person
569	filing the answer. Both the complaint and the response answer
570	must shall be verified.
571	(3) Except as provided in subsection (2), the commission
572	shall investigate the allegations in the complaint. Within 180
573	days of the filing of the complaint, the commission shall
574	determine if there is reasonable cause to believe that
575	discriminatory practice has occurred in violation of the Florida
576	Civil Rights Act of 1992. When the commission determines whether
577	or not there is reasonable cause, the commission by registered
578	mail shall promptly notify the aggrieved person and the
579	respondent of the reasonable cause determination, the date of
580	such determination, and the options available under this
581	section.
582	(4)(a) Whenever a charge is filed with the commission and
583	the commission concludes on the basis of a preliminary
584	investigation that prompt judicial action is necessary to carry
585	out the purposes of the Florida Civil Rights Act, the commission
586	may bring an action for appropriate temporary or preliminary
587	relief pending final disposition of such charge. Any temporary
588	restraining order or other order granting preliminary or
589	temporary relief shall be issued in accordance with the
590	applicable Florida Rules of Civil Procedure.
591	(b) If the court finds that the respondent has
592	intentionally engaged in or is intentionally engaging in an
593	unlawful employment practice charged in the complaint, the court
594	may enjoin the respondent from engaging in such unlawful
595	employment practice and order such affirmative relief as may be
596	appropriate. Such affirmative relief may include, but is not
597	limited to, reinstatement or hiring of employees, with or
598	without back pay, or any other equitable relief as the court
599	deems appropriate. Back pay may be payable by the employer,
600	employment agency, or labor organization responsible for the
601	unlawful employment practice, and liability for back pay may not
602	accrue from a date more than 2 years prior to the filing of a
603	charge with the commission. Interim earnings or amounts earnable
604	with reasonable diligence by the person or persons discriminated
605	against shall operate to reduce the back pay otherwise
606	allowable.
607	(c) No order of the court may require the admission or
608	reinstatement of an individual as a member of a union, or the
609	hiring, reinstatement, or promotion of an individual as an
610	employee, or the payment to an individual of any back pay, if
611	such individual was refused admission, suspended, or expelled,
612	or was refused employment or advancement or was suspended or
613	discharged for any reason other than discrimination on account
614	of race, color, religion, sex, national origin, disability, or
615	marital status.
616	(5)(4) In the event that the commission determines that
617	there is reasonable cause to believe that a discriminatory
618	practice has occurred in violation of the Florida Civil Rights
619	Act of 1992, the aggrieved person may either:
620	(a) Bring a civil action against the person named in the
621	complaint in any court of competent jurisdiction; or
622	(b) Request an administrative hearing under ss. 120.569
623	and 120.57.
624
625	The election by the aggrieved person of filing a civil action or
626	requesting an administrative hearing under this subsection is
627	the exclusive procedure available to the aggrieved person
628	pursuant to this act. The executive director may, on his or her
629	own initiative, reconsider his or her final determination of
630	reasonable cause. If the executive director decides to
631	reconsider a cause determination, a notice of intent to
632	reconsider shall be promptly issued within a reasonable time to
633	all parties.
634	(7)(6) Any administrative hearing brought pursuant to
635	paragraph (5)(4)(b) shall be conducted under ss. 120.569 and
636	120.57. The commission may hear the case provided that the final
637	order is issued by members of the commission who did not conduct
638	the hearing or the commission may request that it be heard by an
639	administrative law judge pursuant to s. 120.569(2)(a). If the
640	commission elects to hear the case, it may be heard by a
641	commissioner. If the commissioner, after the hearing, finds that
642	a violation of the Florida Civil Rights Act of 1992 has
643	occurred, the commissioner shall issue an appropriate proposed
644	order in accordance with chapter 120 prohibiting the practice
645	and providing affirmative relief from the effects of the
646	practice, including back pay. If the administrative law judge,
647	after the hearing, finds that a violation of the Florida Civil
648	Rights Act of 1992 has occurred, the administrative law judge
649	shall issue an appropriate recommended order in accordance with
650	chapter 120 prohibiting the practice and providing affirmative
651	relief from the effects of the practice, including back pay.
652	Within 90 days of the date the recommended or proposed order is
653	rendered, the commission shall issue a final order by adopting,
654	rejecting, or modifying the recommended order as provided under
655	ss. 120.569 and 120.57. The 90-day period may be extended with
656	the consent of all the parties. An administrative hearing
657	pursuant to paragraph (5)(4)(b) must be requested no later than
658	35 days after the date of determination of reasonable cause by
659	the commission. In any action or proceeding under this
660	subsection, the commission, in its discretion, may allow the
661	prevailing party a reasonable attorney's fee as part of the
662	costs. It is the intent of the Legislature that this provision
663	for attorney's fees be interpreted in a manner consistent with
664	federal case law involving a Title VII action.
665	(8)(7) If the commission determines that there is not
666	reasonable cause to believe that a violation of the Florida
667	Civil Rights Act of 1992 has occurred, the commission shall
668	dismiss the complaint. The aggrieved person may request an
669	administrative hearing under ss. 120.569 and 120.57, but any
670	such request must be made within 35 days of the date of
671	determination of reasonable cause and any such hearing shall be
672	heard by an administrative law judge and not by the commission
673	or a commissioner. If the aggrieved person does not request an
674	administrative hearing within the 35 days, the claim will be
675	barred. If the administrative law judge finds that a violation
676	of the Florida Civil Rights Act of 1992 has occurred, he or she
677	shall issue an appropriate recommended order to the commission
678	prohibiting the practice and recommending affirmative relief
679	from the effects of the practice, including back pay. Within 90
680	days of the date the recommended order is rendered, the
681	commission shall issue a final order by adopting, rejecting, or
682	modifying the recommended order as provided under ss. 120.569
683	and 120.57. The 90-day period may be extended with the consent
684	of all the parties. In any action or proceeding under this
685	subsection, the commission, in its discretion, may allow the
686	prevailing party a reasonable attorney's fee as part of the
687	costs. It is the intent of the Legislature that this provision
688	for attorney's fees be interpreted in a manner consistent with
689	federal case law involving a Title VII action. In the event the
690	final order issued by the commission determines that a violation
691	of the Florida Civil Rights Act of 1992 has occurred, the
692	aggrieved person may bring, within 1 year of the date of the
693	final order, a civil action under subsection (6) (5) as if there
694	has been a reasonable cause determination or accept the
695	affirmative relief offered by the commission, but not both. The
696	executive director may, on his or her own initiative, reconsider
697	his or her final determination that there is not reasonable
698	cause. If the executive director decides to reconsider a
699	determination that there is not reasonable cause, a notice of
700	intent to reconsider shall be promptly issued within a
701	reasonable time to all parties.
702	(9)(8) If In the event that the commission fails to
703	conciliate or determine whether there is reasonable cause on any
704	complaint under this section within 180 days of the filing of
705	the complaint, an aggrieved person may proceed under subsection
706	(5) (4), as if the commission determined that there was
707	reasonable cause, except that any civil action filed under this
708	section shall commence no later than 4 years after the date the
709	cause of action accrued.
710	(14)(13) Final orders of the commission are subject to
711	judicial review pursuant to s. 120.68. The commission's
712	determination of reasonable cause is not final agency action
713	that is subject to judicial review. Unless specifically ordered
714	by the court, the commencement of an appeal does not suspend or
715	stay the order of the commission, except as provided in the
716	Rules of Appellate Procedure. In any action or proceeding under
717	this subsection, the court, in its discretion, may allow the
718	prevailing party a reasonable attorney's fee as part of the
719	cost. It is the intent of the Legislature that this provision
720	for attorney's fees be interpreted in a manner consistent with
721	federal case law involving a Title VII action. In the event the
722	order of the court determines that a violation of the Florida
723	Civil Rights Act of 1992 has occurred, the court shall remand
724	the matter to the commission for appropriate relief. The
725	aggrieved party has the option to accept the relief offered by
726	the commission or may bring, within 1 year of the date of the
727	court order, a civil action under subsection (6) (5) as if there
728	has been a reasonable cause determination.
729	Section 16. Section 760.12, Florida Statutes, is created
730	to read:
731	760.12 Recovery of expenditures for state-funded products
732	or services provided by the commission.--
733	(1) The commission may recover expenditures for any state-
734	funded products or services provided to any person seeking
735	administrative or judicial relief under the Florida Civil Rights
736	Act who has the present ability to pay. The rate of compensation
737	for such products or services shall include the actual cost,
738	including cost of recovery, of court reporter services and
739	transcriptions, court interpreter services and translation, and
740	any other product or service for which state funds were incurred
741	by the commission as a result of persons seeking administrative
742	or judicial relief.
743	(2) Funds received by the commission pursuant to this
744	section shall be deposited into the commission's trust fund to
745	assist the commission in defraying some of the costs associated
746	with parties seeking administrative or judicial relief.
747	Section 17. Section 760.13, Florida Statutes, is created
748	to read:
749	760.13 Fees for products or services provided.--
750	(1) The commission may charge fees for products or
751	services provided in the performance of its duties pursuant to
752	the Florida Civil Rights Act in amounts not to exceed:
753	(a) For examining, comparing, correcting, verifying, and
754	certifying transcripts of record in appellate proceedings,
755	prepared by an attorney for the appellant or anyone other than
756	the clerk of the commission, per page...$5.00.
757	(b) For preparing, numbering, and indexing an original
758	record of appellate proceedings, per instrument...$3.50.
759	(c) For certifying copies of any instrument...$2.00.
760	(d) For verifying any instrument presented for
761	certification prepared by anyone other than the clerk of the
762	commission, per page...$3.50.
763	(e) For writing or copying, including signing and sealing,
764	any paper not otherwise mentioned in this subsection...$7.00.
765	(f) For indexing each entry not recorded ...$1.00.
766	(2) The clerk of the commission may provide the requested
767	information or record in an electronic format in lieu of a hard
768	copy when ready accessibility by the requesting entity is
769	available.
770	(3) Any funds received by the commission pursuant to this
771	section shall be deposited into the commission's trust fund.
772	Section 18. Section 760.14, Florida Statutes, is created
773	to read:
774	760.14 Mediation, arbitration, and conciliation services;
775	fees to be charged; immunity from liability for mediators.--
776	(1) Mediation, arbitration, and conciliation services
777	shall be available to and accessible by all parties to any
778	discrimination complaint filed with the commission pursuant to
779	the Florida Civil Rights Act, regardless of financial status.
780	(2) A fee of $120 per person per scheduled mediation,
781	arbitration, or conciliation session conducted pursuant to the
782	Florida Civil Rights Act shall be divided equally among the
783	parties and collected by the clerk of the commission. Such fee
784	shall be waived for any party that is found to be indigent
785	pursuant to s. 57.081. Such fee shall be deposited into the
786	commission's trust fund.
787	(3)(a) A person performing services specified in
788	subsection (1) in any action pursuant to the Florida Civil
789	Rights Act shall have immunity from liability arising from the
790	performance of his or her duties while acting within the scope
791	of that function if the services are:
792	1. Required by statute or agency rule or order;
793	2. Conducted by express agreement of the parties; or
794	3. Facilitated by a mediator certified by the Supreme
795	Court.
796	(b) A person performing services specified in subsection
797	(1) does not have immunity under this subsection if he or she
798	acts in bad faith, with malicious purpose, or in a manner
799	exhibiting wanton and willful disregard of human rights, safety,
800	or property.
801	Section 19. Section 760.15, Florida Statutes, is created
802	to read:
803	760.15 Computation of time.--In computing any period of
804	time under the Florida Civil Rights Act, the day of the act,
805	event, or default from which the designated period of time
806	begins to run shall not be included. The last day of the period
807	so computed shall be included unless it is a Saturday, Sunday,
808	or legal state holiday, in which event the period shall run
809	until the end of the next day which is not a Saturday, Sunday,
810	or legal state holiday. If the period of time prescribed or
811	allowed is less than 7 days, intermediate Saturdays, Sundays,
812	and legal state holidays shall be excluded in the computation.
813	Section 20. Section 760.16, Florida Statutes, is created
814	to read:
815	760.16 Florida Commission on Human Relations; direct-
816	support organization.--
817	(1) DIRECT-SUPPORT ORGANIZATION ESTABLISHED.--The Florida
818	Commission on Human Relations may establish a direct-support
819	organization to provide assistance, funding, and support for the
820	commission in carrying out its mission. This section governs the
821	creation, use, powers, and duties of the direct-support
822	organization.
823	(2) DEFINITIONS.--As used in this section, the term:
824	(a) "Commission" means the Florida Commission on Human
825	Relations as created in s. 760.03.
826	(b) "Direct-support organization" means an organization
827	that is:
828	1. A Florida corporation, not for profit, incorporated
829	under the provisions of chapter 617 and approved by the
830	Department of State. The direct-support organization shall be
831	exempt from paying fees under s. 617.0122.
832	2. Organized and operated exclusively to obtain funds;
833	request and receive grants, gifts, and bequests of moneys;
834	acquire, receive, hold, invest, and administer, in its own name,
835	securities, funds, or property; and make expenditures to or for
836	the direct or indirect benefit of the commission in its efforts
837	to:
838	a. Promote and encourage fair treatment and equal
839	opportunity for all persons regardless of race, color, religion,
840	sex, national origin, age, disability, or marital or familial
841	status;
842	b. Encourage mutual understanding and respect among all
843	members of all economic, social, racial, religious, and ethnic
844	groups; and
845	c. Endeavor to eliminate discrimination against, and
846	antagonism between, religious, racial, and ethnic groups and
847	their members.
848	3. Authorized to receive federal subsidies, endowments,
849	grants, and aid, but not authorized to receive any donation from
850	any private or public entity, or any individual connected with
851	such an entity, over which the commission has regulatory
852	authority pursuant to this chapter.
853	4. Determined by the commission to be operating in a
854	manner consistent with the goals and purposes of the commission
855	and in the best interest of the state.
856	(c) "Personnel services" includes full-time or part-time
857	personnel.
858	(3) BOARD OF DIRECTORS.--The direct-support organization
859	shall be governed by a board of directors.
860	(a) The board of directors shall consist of no fewer than
861	three members and no more than five members appointed by the
862	executive director of the commission.
863	(b) The term of office of a board member is 3 years,
864	except that the terms of the initial appointees are for 1 year,
865	2 years, or 3 years in order to achieve staggered terms. A
866	member may be reappointed when his or her term expires. The
867	executive director of the commission, or his or her designee,
868	shall serve as an ex officio member of the board of directors.
869	(c) Members must be residents of this state and
870	knowledgeable about human and civil rights. The executive
871	director of the commission may remove any member of the board
872	for cause, with the approval of a majority of the members of the
873	board of directors. The executive director of the commission
874	shall appoint a member to fill any vacancy on the board of
875	directors for the remainder of that term.
876	(4) CONTRACT.--The direct-support organization shall
877	operate under a written contract with the commission. The
878	written contract must provide for:
879	(a) Submission of an annual budget for approval by the
880	executive director of the commission.
881	(b) Certification by the commission that the direct-
882	support organization is complying with the terms of the contract
883	and is doing so consistent with the goals and purposes of the
884	commission and in the best interests of the state. This
885	certification must be made annually and reported in the official
886	minutes of a meeting of the direct-support organization.
887	(c) The reversion of moneys and property held by the
888	direct-support organization:
889	1. To the commission if the direct-support organization is
890	no longer approved to operate for the commission;
891	2. To the commission if the direct-support organization
892	ceases to exist; or
893	3. To the state if the commission ceases to exist.
894	(d) The disclosure of the material provisions of the
895	contract and the distinction between the commission and the
896	direct-support organization to donors of gifts, contributions,
897	or bequests. Such disclosure must be included on all promotional
898	and fundraising publications.
899	(5) USE OF PROPERTY AND SERVICES.--
900	(a) The commission may permit the use of property,
901	facilities, and personnel services of the commission by the
902	direct-support organization, subject to this section.
903	(b) The commission may prescribe, by contract, any
904	condition with which the direct-support organization must comply
905	in order to use property, facilities, or personnel services of
906	the commission.
907	(c) The commission may not permit the use of its property,
908	facilities, or personnel services by any direct-support
909	organization organized under this section which does not provide
910	equal employment opportunities to all persons regardless of
911	race, color, national origin, sex, age, religion, disability, or
912	familial or marital status.
913	(6) ACTIVITIES; RESTRICTIONS.--Any transaction or
914	agreement between the direct-support organization organized
915	under this section and another direct-support organization or
916	other entity must be approved by the executive director of the
917	commission.
918	(7) ANNUAL BUDGETS AND REPORTS.--
919	(a) The fiscal year of the direct-support organization
920	begins on July 1 of each year and ends on June 30 of the
921	following year.
922	(b) The direct-support organization shall submit to the
923	commission its federal Internal Revenue Service Application for
924	Recognition of Exemption form and its federal Internal Revenue
925	Service Return of Organization Exempt From Income Tax form.
926	(8) ANNUAL AUDIT.--The direct-support organization shall
927	provide for an annual financial audit in accordance with s.
928	215.981.
929	(9) LIMITS ON DIRECT-SUPPORT ORGANIZATION.--The direct-
930	support organization may not exercise any power under s.
931	617.0302(12) or (16). A state employee may not receive
932	compensation from the direct-support organization for services
933	on the board of directors or for services rendered to the
934	direct-support organization.
935	(10) RULEMAKING AUTHORITY.--The commission may adopt rules
936	pursuant to ss. 120.536(1) and 120.54 to implement this section.
937	Section 21. Section 760.20, Florida Statutes, is amended
938	to read:
939	760.20 Fair Housing Act; short title.--Sections 760.20-
940	760.41 760.20-760.37 may be cited as the "Fair Housing Act."
941	Section 22. Section 760.22, Florida Statutes, is amended
942	to read:
943	760.22 Definitions.--As used in ss. 760.20-760.41 760.20-
944	760.37, the term:
945	(1) "Commission" means the Florida Commission on Human
946	Relations.
947	(2) "Covered multifamily dwelling" means:
948	(a) A building which consists of four or more units and
949	has an elevator; or
950	(b) The ground floor units of a building which consists of
951	four or more units and does not have an elevator.
952	(3) "Disability" has the same meaning as provided in s.
953	760.02.
954	(4)(3) "Discriminatory housing practice" means an act that
955	is unlawful under the terms of ss. 760.20-760.41 760.20-760.37.
956	(5)(4) "Dwelling" means any building or structure, or
957	portion thereof, which is occupied as, or designed or intended
958	for occupancy as, a residence by one or more families, and any
959	vacant land which is offered for sale or lease for the
960	construction or location on the land of any such building or
961	structure, or portion thereof.
962	(6)(5) "Familial status" is established when an individual
963	who has not attained the age of 18 years is domiciled with:
964	(a) A parent or other person having legal custody of such
965	individual; or
966	(b) A designee of a parent or other person having legal
967	custody, with the written permission of such parent or other
968	person.
969
970	The protections afforded against discrimination on the basis of
971	familial status shall also apply to any person who is pregnant
972	or is in the process of securing legal custody of any individual
973	who has not attained the age of 18 years.
974	(7)(6) "Family" includes a single individual.
975	(7) "Handicap" means:
976	(a) A person has a physical or mental impairment which
977	substantially limits one or more major life activities, or he or
978	she has a record of having, or is regarded as having, such
979	physical or mental impairment; or
980	(b) A person has a developmental disability as defined in
981	s. 393.063.
982	(8) "Major life activities" has the same meaning as
983	provided in s. 760.02.
984	(9)(8) "Person" includes one or more individuals,
985	corporations, partnerships, associations, labor organizations,
986	legal representatives, mutual companies, joint-stock companies,
987	trusts, unincorporated organizations, trustees, trustees in
988	bankruptcy, receivers, and fiduciaries.
989	(10)(9) "Substantially equivalent" means an administrative
990	subdivision of the State of Florida meeting the requirements of
991	24 C.F.R. part 115, s. 115.6.
992	(11) "Substantially limits" has the same meaning as
993	provided in s. 760.02.
994	(12)(10) "To rent" includes to lease, to sublease, to let,
995	and otherwise to grant for a consideration the right to occupy
996	premises not owned by the occupant.
997	(13) "Transitory or minor impairment" has the same meaning
998	as provided in s. 760.02.
999	Section 23. Section 760.221, Florida Statutes, is created
1000	to read:
1001	760.221 Impairment.--For purposes of ss. 760.20-760.41, an
1002	individual who has been subjected to an action prohibited under
1003	ss. 760.20-760.41 because of an actual or perceived physical or
1004	mental impairment, regardless of whether the impairment limits
1005	or is perceived to limit a major life activity, has an
1006	impairment. An impairment that limits one major life activity
1007	may be considered a disability; however, a transitory or minor
1008	impairment may not be considered a disability. An impairment
1009	that is episodic or in remission is considered a disability if
1010	it substantially limits a major life activity when the
1011	impairment is active or not in remission. The determination of
1012	whether an impairment substantially limits a major life activity
1013	must be made without regard to the ameliorative effects of
1014	mitigating measures, such as medication; medical supplies;
1015	equipment or appliances; low-vision devices, not including
1016	ordinary eyeglasses or contact lenses; prosthetics, including
1017	artificial limbs and devices, hearing aids, cochlear implants or
1018	other implantable hearing devices, and mobility devices; oxygen-
1019	therapy equipment and supplies; use of assistive technology;
1020	reasonable accommodations or auxiliary aids or services,
1021	including qualified interpreters or other effective measures of
1022	making aurally delivered materials available to individuals with
1023	hearing impairments; qualified readers; taped texts or other
1024	effective methods of making visually delivered materials
1025	available to individuals with visual impairments; acquisition or
1026	modification of equipment and devices and other similar services
1027	and actions; or learned behavioral or adaptive neurological
1028	modifications.
1029	Section 24. Section 760.23, Florida Statutes, is amended
1030	to read:
1031	760.23 Discrimination in the sale or rental of housing and
1032	other prohibited practices.--
1033	(1) It is unlawful to refuse to sell or rent after the
1034	making of a bona fide offer, to refuse to negotiate for the sale
1035	or rental of, or otherwise to make unavailable or deny a
1036	dwelling to any person because of race, color, national origin,
1037	sex, disability handicap, familial status, or religion.
1038	(2) It is unlawful to discriminate against any person in
1039	the terms, conditions, or privileges of sale or rental of a
1040	dwelling, or in the provision of services or facilities in
1041	connection therewith, because of race, color, national origin,
1042	sex, disability handicap, familial status, or religion.
1043	(3) It is unlawful to make, print, or publish, or cause to
1044	be made, printed, or published, any notice, statement, or
1045	advertisement with respect to the sale or rental of a dwelling
1046	that indicates any preference, limitation, or discrimination
1047	based on race, color, national origin, sex, disability handicap,
1048	familial status, or religion or an intention to make any such
1049	preference, limitation, or discrimination.
1050	(4) It is unlawful to represent to any person because of
1051	race, color, national origin, sex, disability handicap, familial
1052	status, or religion that any dwelling is not available for
1053	inspection, sale, or rental when such dwelling is in fact so
1054	available.
1055	(5) It is unlawful, for profit, to induce or attempt to
1056	induce any person to sell or rent any dwelling by a
1057	representation regarding the entry or prospective entry into the
1058	neighborhood of a person or persons of a particular race, color,
1059	national origin, sex, disability handicap, familial status, or
1060	religion.
1061	(6) The protections afforded under ss. 760.20-760.41
1062	760.20-760.37 against discrimination on the basis of familial
1063	status apply to any person who is pregnant or is in the process
1064	of securing legal custody of any individual who has not attained
1065	the age of 18 years.
1066	(7) It is unlawful to discriminate in the sale or rental
1067	of, or to otherwise make unavailable or deny, a dwelling to any
1068	buyer or renter because of a disability handicap of:
1069	(a) That buyer or renter;
1070	(b) A person residing in or intending to reside in that
1071	dwelling after it is sold, rented, or made available; or
1072	(c) Any person associated with the buyer or renter.
1073	(8) It is unlawful to discriminate against any person in
1074	the terms, conditions, or privileges of sale or rental of a
1075	dwelling, or in the provision of services or facilities in
1076	connection with such dwelling, because of a disability handicap
1077	of:
1078	(a) That buyer or renter;
1079	(b) A person residing in or intending to reside in that
1080	dwelling after it is sold, rented, or made available; or
1081	(c) Any person associated with the buyer or renter.
1082	(9) For purposes of subsections (7) and (8),
1083	discrimination includes:
1084	(a) A refusal to permit, at the expense of the handicapped
1085	person having a disability, reasonable modifications of existing
1086	premises occupied or to be occupied by such person if such
1087	modifications may be necessary to afford such person full
1088	enjoyment of the premises; or
1089	(b) A refusal to make reasonable accommodations in rules,
1090	policies, practices, or services, when such accommodations may
1091	be necessary to afford such person equal opportunity to use and
1092	enjoy a dwelling.
1093	(10) Covered multifamily dwellings as defined herein which
1094	are intended for first occupancy after March 13, 1991, shall be
1095	designed and constructed to have at least one building entrance
1096	on an accessible route unless it is impractical to do so because
1097	of the terrain or unusual characteristics of the site as
1098	determined by commission rule. Such buildings shall also be
1099	designed and constructed in such a manner that:
1100	(a) The public use and common use portions of such
1101	dwellings are readily accessible to and usable by handicapped
1102	persons having disabilities.
1103	(b) All doors designed to allow passage into and within
1104	all premises within such dwellings are sufficiently wide to
1105	allow passage by a person in a wheelchair.
1106	(c) All premises within such dwellings contain the
1107	following features of adaptive design:
1108	1. An accessible route into and through the dwelling.
1109	2. Light switches, electrical outlets, thermostats, and
1110	other environmental controls in accessible locations.
1111	3. Reinforcements in bathroom walls to allow later
1112	installation of grab bars.
1113	4. Usable kitchens and bathrooms such that a person in a
1114	wheelchair can maneuver about the space.
1115	(d) Compliance with the appropriate requirements of the
1116	American National Standards Institute for buildings and
1117	facilities providing accessibility and usability for persons
1118	having disabilities physically handicapped people, commonly
1119	cited as ANSI A117.1-1986, suffices to satisfy the requirements
1120	of paragraph (c).
1121
1122	State agencies with building construction regulation
1123	responsibility or local governments, as appropriate, shall
1124	review the plans and specifications for the construction of
1125	covered multifamily dwellings to determine consistency with the
1126	requirements of this subsection.
1127	Section 25. Section 760.24, Florida Statutes, is amended
1128	to read:
1129	760.24 Discrimination in the provision of brokerage
1130	services.--It is unlawful to deny any person access to, or
1131	membership or participation in, any multiple-listing service,
1132	real estate brokers' organization, or other service,
1133	organization, or facility relating to the business of selling or
1134	renting dwellings, or to discriminate against him or her in the
1135	terms or conditions of such access, membership, or
1136	participation, on account of race, color, national origin, sex,
1137	disability handicap, familial status, or religion.
1138	Section 26. Section 760.25, Florida Statutes, is amended
1139	to read:
1140	760.25 Discrimination in the financing of housing or in
1141	residential real estate transactions.--
1142	(1) It is unlawful for any bank, building and loan
1143	association, insurance company, or other corporation,
1144	association, firm, or enterprise the business of which consists
1145	in whole or in part of the making of commercial real estate
1146	loans to deny a loan or other financial assistance to a person
1147	applying for the loan for the purpose of purchasing,
1148	constructing, improving, repairing, or maintaining a dwelling,
1149	or to discriminate against him or her in the fixing of the
1150	amount, interest rate, duration, or other term or condition of
1151	such loan or other financial assistance, because of the race,
1152	color, national origin, sex, disability handicap, familial
1153	status, or religion of such person or of any person associated
1154	with him or her in connection with such loan or other financial
1155	assistance or the purposes of such loan or other financial
1156	assistance, or because of the race, color, national origin, sex,
1157	disability handicap, familial status, or religion of the present
1158	or prospective owners, lessees, tenants, or occupants of the
1159	dwelling or dwellings in relation to which such loan or other
1160	financial assistance is to be made or given.
1161	(2)(a) It is unlawful for any person or entity whose
1162	business includes engaging in residential real estate
1163	transactions to discriminate against any person in making
1164	available such a transaction, or in the terms or conditions of
1165	such a transaction, because of race, color, national origin,
1166	sex, disability handicap, familial status, or religion.
1167	(b) As used in this subsection, the term "residential real
1168	estate transaction" means any of the following:
1169	1. The making or purchasing of loans or providing other
1170	financial assistance:
1171	a. For purchasing, constructing, improving, repairing, or
1172	maintaining a dwelling; or
1173	b. Secured by residential real estate.
1174	2. The selling, brokering, or appraising of residential
1175	real property.
1176	Section 27. Subsections (1), (2), and (3), paragraphs (a)
1177	and (e) of subsection (4), and subsection (5) of section 760.29,
1178	Florida Statutes, are amended to read:
1179	760.29 Exemptions.--
1180	(1)(a) Nothing in ss. 760.23 and 760.25 applies to:
1181	1. Any single-family house sold or rented by its owner,
1182	provided such private individual owner does not own more than
1183	three single-family houses at any one time. In the case of the
1184	sale of a single-family house by a private individual owner who
1185	does not reside in such house at the time of the sale or who was
1186	not the most recent resident of the house prior to the sale, the
1187	exemption granted by this paragraph applies only with respect to
1188	one sale within any 24-month period. In addition, the bona fide
1189	private individual owner shall not own any interest in, nor
1190	shall there be owned or reserved on his or her behalf, under any
1191	express or voluntary agreement, title to, or any right to all or
1192	a portion of the proceeds from the sale or rental of, more than
1193	three single-family houses at any one time. The sale or rental
1194	of any single-family house shall be excepted from the
1195	application of ss. 760.20-760.41 760.20-760.37 only if the house
1196	is sold or rented:
1197	a. Without the use in any manner of the sales or rental
1198	facilities or the sales or rental services of any real estate
1199	licensee or such facilities or services of any person in the
1200	business of selling or renting dwellings, or of any employee or
1201	agent of any such licensee or person; and
1202	b. Without the publication, posting, or mailing, after
1203	notice, of any advertisement or written notice in violation of
1204	s. 760.23(3).
1205
1206	Nothing in this provision prohibits the use of attorneys, escrow
1207	agents, abstractors, title companies, and other such
1208	professional assistance as is necessary to perfect or transfer
1209	the title.
1210	2. Rooms or units in dwellings containing living quarters
1211	occupied or intended to be occupied by no more than four
1212	families living independently of each other, if the owner
1213	actually maintains and occupies one of such living quarters as
1214	his or her residence.
1215	(b) For the purposes of paragraph (a), a person is deemed
1216	to be in the business of selling or renting dwellings if the
1217	person:
1218	1. Has, within the preceding 12 months, participated as
1219	principal in three or more transactions involving the sale or
1220	rental of any dwelling or interest therein;
1221	2. Has, within the preceding 12 months, participated as
1222	agent, other than in the sale of his or her own personal
1223	residence, in providing sales or rental facilities or sales or
1224	rental services in two or more transactions involving the sale
1225	or rental of any dwelling or interest therein; or
1226	3. Is the owner of any dwelling designed or intended for
1227	occupancy by, or occupied by, five or more families.
1228	(2) Nothing in ss. 760.20-760.41 760.20-760.37 prohibits a
1229	religious organization, association, or society, or any
1230	nonprofit institution or organization operated, supervised, or
1231	controlled by or in conjunction with a religious organization,
1232	association, or society, from limiting the sale, rental, or
1233	occupancy of any dwelling which it owns or operates for other
1234	than a commercial purpose to persons of the same religion or
1235	from giving preference to such persons, unless membership in
1236	such religion is restricted on account of race, color, or
1237	national origin. Nothing in ss. 760.20-760.41 760.20-760.37
1238	prohibits a private club not in fact open to the public, which
1239	as an incident to its primary purpose or purposes provides
1240	lodgings which it owns or operates for other than a commercial
1241	purpose, from limiting the rental or occupancy of such lodgings
1242	to its members or from giving preference to its members.
1243	(3) Nothing in ss. 760.20-760.41 760.20-760.37 requires
1244	any person renting or selling a dwelling constructed for first
1245	occupancy before March 13, 1991, to modify, alter, or adjust the
1246	dwelling in order to provide physical accessibility except as
1247	otherwise required by law.
1248	(4)(a) Any provision of ss. 760.20-760.41 760.20-760.37
1249	regarding familial status does not apply with respect to housing
1250	for older persons.
1251	(e) A facility or community claiming an exemption under
1252	this subsection shall register with the commission by submitting
1253	to the commission a copy of the recorded documents establishing
1254	the facility or community as housing for older persons and
1255	submit a letter to the commission stating that the facility or
1256	community complies with the requirements of subparagraph (b)1.,
1257	subparagraph (b)2., or subparagraph (b)3. The letter shall be
1258	submitted on the letterhead of the facility or community and
1259	shall be signed by the president of the facility or community.
1260	This registration and documentation shall be renewed biennially
1261	from the date of original filing. The information in the
1262	registry shall be made available to the public, and the
1263	commission shall include this information on an Internet
1264	website. The commission may charge a establish a reasonable
1265	registration fee of $75, which, not to exceed $20, that shall be
1266	deposited into the commission's trust fund to defray the
1267	administrative costs associated with maintaining the registry.
1268	The commission may impose an administrative fine, not to exceed
1269	$500, on a facility or community that fails to register or renew
1270	its registration with the commission or that knowingly submits
1271	false information in the documentation required by this
1272	paragraph. Such fines shall be deposited in the commission's
1273	trust fund. The registration and documentation required by this
1274	paragraph shall not substitute for proof of compliance with the
1275	requirements of this subsection. Failure to comply with the
1276	requirements of this paragraph shall not disqualify a facility
1277	or community that otherwise qualifies for the exemption provided
1278	in this subsection.
1279
1280	A county or municipal ordinance regarding housing for older
1281	persons may not contravene the provisions of this subsection.
1282	(5) Nothing in ss. 760.20-760.41 760.20-760.37:
1283	(a) Prohibits a person engaged in the business of
1284	furnishing appraisals of real property from taking into
1285	consideration factors other than race, color, national origin,
1286	sex, disability handicap, familial status, or religion.
1287	(b) Limits the applicability of any reasonable local
1288	restriction regarding the maximum number of occupants permitted
1289	to occupy a dwelling.
1290	(c) Requires that a dwelling be made available to an
1291	individual whose tenancy would constitute a direct threat to the
1292	health or safety of other individuals or whose tenancy would
1293	result in substantial physical damage to the property of others.
1294	(d) Prohibits conduct against a person because such person
1295	has been convicted by any court of competent jurisdiction of the
1296	illegal manufacture or distribution of a controlled substance as
1297	defined under chapter 893.
1298	Section 28. Section 760.30, Florida Statutes, is amended
1299	to read:
1300	760.30 Administration of ss. 760.20-760.41 760.20-
1301	760.37.--
1302	(1) The authority and responsibility for administering ss.
1303	760.20-760.41 760.20-760.37 is in the commission.
1304	(2) The commission may delegate any of its functions,
1305	duties, and powers to its employees, including functions,
1306	duties, and powers with respect to investigating, conciliating,
1307	hearing, determining, ordering, certifying, reporting, or
1308	otherwise acting as to any work, business, or matter under ss.
1309	760.20-760.41 760.20-760.37.
1310	Section 29. Subsections (4) and (5) of section 760.31,
1311	Florida Statutes, are amended to read:
1312	760.31 Powers and duties of commission.--The commission
1313	shall:
1314	(4) Administer the programs and activities relating to
1315	housing in a manner affirmatively to further the policies of ss.
1316	760.20-760.41 760.20-760.37.
1317	(5) Adopt rules necessary to implement ss. 760.20-760.41
1318	760.20-760.37 and govern the proceedings of the commission in
1319	accordance with chapter 120. Commission rules shall clarify
1320	terms used with regard to disability handicapped accessibility,
1321	exceptions from accessibility requirements based on terrain or
1322	site characteristics, and requirements related to housing for
1323	older persons. Commission rules shall specify the fee and the
1324	forms and procedures to be used for the registration required by
1325	s. 760.29(4)(e).
1326	Section 30. Subsection (1) of section 760.32, Florida
1327	Statutes, is amended to read:
1328	760.32 Investigations; subpoenas; oaths.--
1329	(1) In conducting an investigation, the commission shall
1330	have access at all reasonable times to premises, records,
1331	documents, individuals, and other evidence or possible sources
1332	of evidence and may examine, record, and copy such materials and
1333	take and record the testimony or statements of such persons as
1334	are reasonably necessary for the furtherance of the
1335	investigation if, provided the commission first complies with
1336	the provisions of the State Constitution relating to
1337	unreasonable searches and seizures. The commission may issue
1338	subpoenas to compel its access to or the production of such
1339	materials or the appearance of such persons, and may issue
1340	interrogatories to a respondent, to the same extent and subject
1341	to the same limitations as would apply if the subpoenas or
1342	interrogatories were issued or served in aid of a civil action
1343	in court. The commission may also use any other method of
1344	discovery authorized by the Florida Rules of Civil Procedure.
1345	The commission may administer oaths.
1346	Section 31. Section 760.34, Florida Statutes, is amended
1347	to read:
1348	760.34 Enforcement.--
1349	(1) Any person who claims to have been injured by a
1350	discriminatory housing practice or who believes that he or she
1351	will be injured by a discriminatory housing practice that is
1352	about to occur may file a complaint with the commission.
1353	Complaints shall be in writing and shall contain such
1354	information and be in such form as the commission requires. Upon
1355	receipt of such a complaint, the commission shall furnish a copy
1356	to the person or persons who allegedly committed the
1357	discriminatory housing practice or are about to commit the
1358	alleged discriminatory housing practice. Within 100 days after
1359	receiving a complaint, or within 100 days after the expiration
1360	of any period of reference under subsection (3), the commission
1361	shall investigate the complaint and give notice in writing to
1362	the person aggrieved whether it intends to resolve it. If the
1363	commission decides to resolve the complaint, it shall proceed to
1364	try to eliminate or correct the alleged discriminatory housing
1365	practice by informal methods of conference, conciliation, and
1366	persuasion. Insofar as possible, conciliation meetings shall be
1367	held in the cities or other localities where the discriminatory
1368	housing practices allegedly occurred. Nothing said or done in
1369	the course of such informal endeavors may be made public or used
1370	as evidence in a subsequent proceeding under ss. 760.20-760.41
1371	760.20-760.37 without the written consent of the persons
1372	concerned. Any employee of the commission who makes public any
1373	information in violation of this provision is guilty of a
1374	misdemeanor of the first degree, punishable as provided in s.
1375	775.082 or s. 775.083.
1376	(2) A complaint under subsection (1) must be filed within
1377	1 year after the alleged discriminatory housing practice
1378	occurred. The complaint must be in writing and shall state the
1379	facts upon which the allegations of a discriminatory housing
1380	practice are based. A complaint may be reasonably and fairly
1381	amended at any time. A respondent may file a response an answer
1382	to the complaint against him or her and, with the leave of the
1383	commission, which shall be granted whenever it would be
1384	reasonable and fair to do so, may amend his or her response
1385	answer at any time. Both complaint and response answer shall be
1386	verified.
1387	(3) Wherever a local fair housing law provides rights and
1388	remedies for alleged discriminatory housing practices that which
1389	are substantially equivalent to the rights and remedies provided
1390	in ss. 760.20-760.41 760.20-760.37, the commission shall notify
1391	the appropriate local agency of any complaint filed under ss.
1392	760.20-760.41 760.20-760.37 which appears to constitute a
1393	violation of the local fair housing law, and the commission
1394	shall take no further action with respect to such complaint if
1395	the local law enforcement official has, within 30 days after
1396	from the date the alleged offense was brought to his or her
1397	attention, commenced proceedings in the matter. In no event
1398	shall the commission take further action unless it certifies
1399	that in its judgment, under the circumstances of the particular
1400	case, the protection of the rights of the parties or the
1401	interests of justice require such action.
1402	(4) Whenever a charge is filed with the commission and the
1403	commission concludes on the basis of a preliminary investigation
1404	that prompt judicial action is necessary to carry out the
1405	purposes of ss. 760.20-760.41, the commission may bring an
1406	action for appropriate temporary or preliminary relief pending
1407	final disposition of such charge. Any temporary restraining
1408	order or other order granting preliminary or temporary relief
1409	shall be issued in accordance with the applicable Florida Rules
1410	of Civil Procedure. If the court finds that the respondent has
1411	intentionally engaged in or is intentionally engaging in an
1412	unlawful practice under ss. 760.20-760.41 as charged in the
1413	complaint, the court may enjoin the respondent from engaging in
1414	such unlawful practice and order such affirmative relief as may
1415	be appropriate.
1416	(5)(a)(4) If, within 180 days after a complaint is filed
1417	with the commission or within 180 days after expiration of any
1418	period of reference under subsection (3), the commission has
1419	been unable to obtain voluntary compliance with ss. 760.20-
1420	760.41 760.20-760.37, the person aggrieved may commence a civil
1421	action in any appropriate court against the respondent named in
1422	the complaint or petition for an administrative determination
1423	pursuant to s. 760.35 to enforce the rights granted or protected
1424	by ss. 760.20-760.41 760.20-760.37.
1425	(b) If, as a result of its investigation under subsection
1426	(1), the commission finds there is reasonable cause to believe
1427	that a discriminatory housing practice has occurred, at the
1428	request of the person aggrieved, the Attorney General shall
1429	bring an action in the name of the state on behalf of the
1430	aggrieved person to enforce the provisions of ss. 760.20-760.41
1431	760.20-760.37.
1432	(c) If the commission determines that there is not reasonable
1433	cause to believe that a discriminatory housing practice has
1434	occurred, the commission shall dismiss the complaint. The aggrieved
1435	person may request an administrative hearing under ss. 120.569 and
1436	120.57, but any such request must be made within 30 days after the
1437	service of the notice of the determination of no reasonable cause.
1438	Any such hearing shall be heard by an administrative law judge and
1439	not by the commission or a commissioner. If the aggrieved person
1440	does not request an administrative hearing within 30 days, the
1441	claim is barred. If the administrative law judge finds that a
1442	discriminatory housing practice has occurred, he or she shall issue
1443	an appropriate recommended order to the commission. Within 90 days
1444	after the date that the recommended order is rendered, the
1445	commission shall issue a final order by adopting, rejecting, or
1446	modifying the recommended order as provided under ss. 120.569 and
1447	120.57. The 90-day period may be extended with the consent of all
1448	parties. In any action or proceeding under this subsection, the
1449	commission may allow the prevailing party reasonable attorney's
1450	fees as part of the costs. It is the intent of the Legislature that
1451	this provision for attorney's fees be interpreted in a manner
1452	consistent with federal case law involving a Title VIII action. If
1453	the final order issued by the commission determines that a
1454	discriminatory housing practice has occurred, the aggrieved person
1455	may:
1456	1. Request the Attorney General to bring an action in the
1457	name of the state on behalf of the aggrieved person to enforce the
1458	provisions of ss. 760.20-760.41; or
1459	2. Proceed with the case pursuant to this subsection,
1460	subsection (7), or subsection (8) as if there has been a
1461	determination of reasonable cause.
1462	(6)(5) In any proceeding brought pursuant to this section
1463	or s. 760.35, the burden of proof is on the complainant.
1464	(7)(6) Whenever an action filed in court pursuant to this
1465	section or s. 760.35 comes to trial, the commission shall
1466	immediately terminate all efforts to obtain voluntary
1467	compliance.
1468	(8)(7)(a) The commission may institute a civil action in
1469	any appropriate court if it is unable to obtain voluntary
1470	compliance with ss. 760.20-760.41 760.20-760.37. The commission
1471	need not have petitioned for an administrative hearing or
1472	exhausted its administrative remedies prior to bringing a civil
1473	action.
1474	(b) The court may impose the following fines for each
1475	violation of ss. 760.20-760.41 760.20-760.37:
1476	1. Up to $10,000, if the respondent has not previously
1477	been found guilty of a violation of ss. 760.20-760.41 760.20-
1478	760.37.
1479	2. Up to $25,000, if the respondent has been found guilty
1480	of one prior violation of ss. 760.20-760.41 760.20-760.37 within
1481	the preceding 5 years.
1482	3. Up to $50,000, if the respondent has been found guilty
1483	of two or more violations of ss. 760.20-760.41 760.20-760.37
1484	within the preceding 7 years.
1485
1486	In imposing a fine under this paragraph, the court shall
1487	consider the nature and circumstances of the violation, the
1488	degree of culpability, the history of prior violations of ss.
1489	760.20-760.41 760.20-760.37, the financial circumstances of the
1490	respondent, and the goal of deterring future violations of ss.
1491	760.20-760.41 760.20-760.37.
1492	(c) The court shall award reasonable attorney's fees and
1493	costs to the commission in any action in which the commission
1494	prevails.
1495	(9)(8) Any local agency certified as substantially
1496	equivalent may institute a civil action in any appropriate
1497	court, including circuit court, if it is unable to obtain
1498	voluntary compliance with the local fair housing law. The agency
1499	need not have petitioned for an administrative hearing or
1500	exhausted its administrative remedies prior to bringing a civil
1501	action. The court may impose fines as provided in the local fair
1502	housing law.
1503	Section 32. Subsection (1) and paragraph (a) of subsection
1504	(3) of section 760.35, Florida Statutes, are amended to read:
1505	760.35 Civil actions and relief; administrative
1506	procedures.--
1507	(1)(a)1. A civil action shall be commenced no later than 2
1508	years after an alleged discriminatory housing practice has
1509	occurred.
1510	2. The computation of such 2-year period may not include
1511	any time during which an administrative proceeding under ss.
1512	760.20-760.41 was pending with respect to a complaint or charge
1513	based upon such discriminatory housing practice. This
1514	subparagraph does not apply to actions arising from a breach of
1515	a conciliation agreement.
1516	(b) However, the court shall continue a civil case brought
1517	pursuant to this section or s. 760.34 from time to time before
1518	bringing it to trial if the court believes that the conciliation
1519	efforts of the commission or local agency are likely to result
1520	in satisfactory settlement of the discriminatory housing
1521	practice complained of in the complaint made to the commission
1522	or to the local agency and which practice forms the basis for
1523	the action in court. Any sale, encumbrance, or rental
1524	consummated prior to the issuance of any court order issued
1525	under the authority of ss. 760.20-760.41 760.20-760.37 and
1526	involving a bona fide purchaser, encumbrancer, or tenant without
1527	actual notice of the existence of the filing of a complaint or
1528	civil action under the provisions of ss. 760.20-760.41 760.20-
1529	760.37 shall not be affected.
1530	(3)(a) If the commission is unable to obtain voluntary
1531	compliance with ss. 760.20-760.41 760.20-760.37 or has
1532	reasonable cause to believe that a discriminatory practice has
1533	occurred:
1534	1. The commission may institute an administrative
1535	proceeding under chapter 120; or
1536	2. The person aggrieved may request administrative relief
1537	under chapter 120 within 30 days after receiving notice that the
1538	commission has concluded its investigation under s. 760.34.
1539	Section 33. Section 760.36, Florida Statutes, is amended
1540	to read:
1541	760.36 Conciliation agreements.--Any conciliation
1542	agreement arising out of conciliation efforts by the Florida
1543	Commission on Human Relations pursuant to the Fair Housing Act
1544	must be agreed to by the respondent and the complainant and is
1545	subject to the approval of the commission. Notwithstanding the
1546	provisions of s. 760.11(12)(11) and (13)(12), each conciliation
1547	agreement arising out of a complaint filed under the Fair
1548	Housing Act shall be made public unless the complainant and the
1549	respondent otherwise agree and the commission determines that
1550	disclosure is not required to further the purposes of the
1551	Florida Fair Housing Act.
1552	Section 34. Section 760.37, Florida Statutes, is amended
1553	to read:
1554	760.37 Interference, coercion, or intimidation;
1555	enforcement by administrative or civil action.--It is unlawful
1556	to coerce, intimidate, threaten, or interfere with any person in
1557	the exercise of, or on account of her or his having exercised,
1558	or on account of her or his having aided or encouraged any other
1559	person in the exercise of any right granted under ss. 760.20-
1560	760.41 760.20-760.37. This section may be enforced by
1561	appropriate administrative or civil action.
1562	Section 35. Section 760.38, Florida Statutes, is created
1563	to read:
1564	760.38 Recovery for state-funded products or services
1565	provided.--
1566	(1) The commission may recover expenditures for any state-
1567	funded products or services furnished to any person seeking
1568	administrative or judicial relief under ss. 760.20-760.41 who
1569	has the present ability to pay. The rate of compensation for
1570	such products or services shall include the actual cost,
1571	including cost of recovery, of court reporter services and
1572	transcriptions, court interpreter services and translation, and
1573	any other product or service for which state funds were incurred
1574	by the commission as a result of persons seeking administrative
1575	or judicial relief.
1576	(2) Funds received by the commission pursuant to this
1577	section shall be deposited into the commission's trust fund to
1578	assist the commission in defraying some of the costs associated
1579	with parties seeking administrative or judicial relief.
1580	Section 36. Section 760.39, Florida Statutes, is created
1581	to read:
1582	760.39 Fees for products or services provided.--
1583	(1) The commission may charge fees for products or
1584	services provided in the performance of its duties pursuant to
1585	ss. 760.20-760.41 in amounts not to exceed:
1586	(a) For examining, comparing, correcting, verifying, and
1587	certifying transcripts of record in appellate proceedings,
1588	prepared by an attorney for the appellant or someone else other
1589	than the clerk of the commission, per page...$5.00.
1590	(b) For preparing, numbering, and indexing an original
1591	record of appellate proceedings, per instrument...$3.50.
1592	(c) For certifying copies of any instrument...$2.00.
1593	(d) For verifying any instrument presented for
1594	certification prepared by someone other than the clerk of the
1595	commission, per page...$3.50.
1596	(e) For writing or copying, including signing and sealing,
1597	any paper not otherwise mentioned in this subsection...$7.00.
1598	(f) For indexing each entry not recorded...$1.00.
1599	(2) The clerk of the commission may provide the requested
1600	information or record in an electronic format in lieu of a hard
1601	copy when ready accessibility by the requesting entity is
1602	available.
1603	(3) Any funds received by the commission pursuant to this
1604	section shall be deposited into the commission's trust fund.
1605	Section 37. Section 760.401, Florida Statutes, is created
1606	to read:
1607	760.401 Mediation, arbitration, and conciliation services;
1608	immunity from liability for mediators.--
1609	(1) Mediation, arbitration, and conciliation services
1610	shall be available to and accessible by all parties to any
1611	discrimination complaint filed with the commission pursuant to
1612	ss. 760.20-760.41, regardless of financial status.
1613	(2) A person performing services specified in subsection (1)
1614	in any action pursuant to ss. 760.20-760.41 shall have immunity
1615	from liability arising from the performance of his or her duties
1616	while acting within the scope of that function if the services are:
1617	1. Required by statute or agency rule or order;
1618	2. Conducted by express agreement of the parties; or
1619	3. Facilitated by a mediator certified by the Supreme Court.
1620	(b) A person performing services specified in subsection (1)
1621	does not have immunity under this subsection if he or she acts in
1622	bad faith, with malicious purpose, or in a manner exhibiting wanton
1623	and willful disregard of human rights, safety, or property.
1624	Section 38. Section 760.41, Florida Statutes, is created
1625	to read:
1626	760.41 Computation of time.--In computing any period of time
1627	under ss. 760.20-760.41, the day of the act, event, or default from
1628	which the designated period of time begins to run shall not be
1629	included. The last day of the period so computed shall be included
1630	unless it is a Saturday, Sunday, or legal state holiday, in which
1631	event the period shall run until the end of the next day that is
1632	not a Saturday, Sunday, or legal state holiday. If the period of
1633	time prescribed or allowed is less than 7 days, intermediate
1634	Saturdays, Sundays, and legal state holidays shall be excluded in
1635	the computation.
1636	Section 39. Subsection (2) of section 760.50, Florida
1637	Statutes, is amended to read:
1638	760.50 Discrimination on the basis of AIDS, AIDS-related
1639	complex, and HIV prohibited.--
1640	(2) Any person with or perceived as having acquired immune
1641	deficiency syndrome, acquired immune deficiency syndrome related
1642	complex, or human immunodeficiency virus shall have every
1643	protection made available to handicapped persons having
1644	disabilities.
1645	Section 40. Subsection (1) of section 760.60, Florida
1646	Statutes, is amended to read:
1647	760.60 Discriminatory practices of certain clubs
1648	prohibited; remedies.--
1649	(1) It is unlawful for a person to discriminate against
1650	any individual because of race, color, religion, gender,
1651	national origin, disability handicap, age above the age of 21,
1652	or marital status in evaluating an application for membership in
1653	a club that has more than 400 members, that provides regular
1654	meal service, and that regularly receives payment for dues,
1655	fees, use of space, facilities, services, meals, or beverages
1656	directly or indirectly from nonmembers for business purposes. It
1657	is unlawful for a person, on behalf of such a club, to publish,
1658	circulate, issue, display, post, or mail any advertisement,
1659	notice, or solicitation that contains a statement to the effect
1660	that the accommodations, advantages, facilities, membership, or
1661	privileges of the club are denied to any individual because of
1662	race, color, religion, sex gender, national origin, disability
1663	handicap, age above the age of 21, or marital status. This
1664	subsection does not apply to fraternal or benevolent
1665	organizations, ethnic clubs, or religious organizations where
1666	business activity is not prevalent.
1667	Section 41. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.