Bill Text: FL S0066 | 2018 | Regular Session | Introduced
Bill Title: Prohibited Discrimination
Spectrum: Moderate Partisan Bill (Democrat 14-3)
Status: (Failed) 2018-03-10 - Died in Governmental Oversight and Accountability [S0066 Detail]
Download: Florida-2018-S0066-Introduced.html
Florida Senate - 2018 SB 66 By Senator Clemens 31-00100-18 201866__ 1 A bill to be entitled 2 An act relating to prohibited discrimination; creating 3 the “Florida Competitive Workforce Act”; amending s. 4 509.092, F.S.; adding sexual orientation and gender 5 identity as impermissible grounds for discrimination 6 in public lodging establishments and public food 7 service establishments; providing an exception for 8 constitutionally protected free exercise of religion; 9 amending s. 760.01, F.S.; revising the purposes of the 10 Florida Civil Rights Act of 1992 to conform to changes 11 made by the act; reordering and amending s. 760.02, 12 F.S.; defining the terms “gender identity” and “sexual 13 orientation”; amending s. 760.05, F.S.; revising the 14 functions of the Florida Commission on Human 15 Relations, to conform; amending s. 760.07, F.S.; 16 revising provisions regarding remedies for unlawful 17 discrimination to include discrimination based on 18 sexual orientation and gender identity, to conform; 19 amending s. 760.08, F.S.; adding sexual orientation 20 and gender identity as impermissible grounds for 21 discrimination in places of public accommodation; 22 amending s. 760.10, F.S.; adding sexual orientation 23 and gender identity as impermissible grounds for 24 discrimination with respect to specified unlawful 25 employment practices; providing an exception for 26 constitutionally protected free exercise of religion; 27 amending s. 760.22, F.S.; defining the terms “gender 28 identity” and “sexual orientation” for purposes of the 29 Fair Housing Act; amending ss. 760.23, 760.24, 760.25, 30 and 760.26, F.S.; adding sexual orientation and gender 31 identity as impermissible grounds for discrimination 32 with respect to the sale or rental of housing, 33 provision of brokerage services, financing of housing 34 or in residential real estate transactions, and land 35 use decisions and in permitting of development, 36 respectively; amending s. 760.29, F.S.; revising an 37 exemption from the Fair Housing Act regarding the 38 appraisal of real property, to conform; amending s. 39 760.60, F.S.; adding sexual orientation and gender 40 identity as impermissible grounds for discrimination 41 with respect to practices of certain clubs; amending 42 s. 419.001, F.S.; conforming a cross-reference; 43 providing an effective date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1. This act may be cited as the “Florida 48 Competitive Workforce Act.” 49 Section 2. Section 509.092, Florida Statutes, is amended to 50 read: 51 509.092 Public lodging establishments and public food 52 service establishments; rights as private enterprises.— 53 (1) Public lodging establishments and public food service 54 establishments are private enterprises, and the operator has the 55 right to refuse accommodations or service to any person who is 56 objectionable or undesirable to the operator, but such refusal 57 may not be based upon race, creed, color, sex, pregnancy, 58 physical disability, sexual orientation, gender identity, or 59 national origin. 60 (2) A person aggrieved by a violation of this section or a 61 violation of a rule adopted under this section has a right of 62 action pursuant to s. 760.11. 63 (3) This section does not limit the free exercise of 64 religion guaranteed by the United States Constitution and the 65 State Constitution. 66 Section 3. Subsection (1) of section 760.01, Florida 67 Statutes, is republished, and subsection (2) of that section is 68 amended, to read: 69 760.01 Purposes; construction; title.— 70 (1) Sections 760.01-760.11 and 509.092 shall be cited as 71 the “Florida Civil Rights Act of 1992.” 72 (2) The general purposes of the Florida Civil Rights Act of 73 1992 are to secure for all individuals within the state freedom 74 from discrimination because of race, color, religion, sex, 75 pregnancy, national origin, age, sexual orientation, gender 76 identity, handicap, or marital status and thereby to protect 77 their interest in personal dignity, to make available to the 78 state their full productive capacities, to secure the state 79 against domestic strife and unrest, to preserve the public 80 safety, health, and general welfare, and to promote the 81 interests, rights, and privileges of individuals within the 82 state. 83 Section 4. Section 760.02, Florida Statutes, is reordered 84 and amended to read: 85 760.02 Definitions.—For the purposes of ss. 760.01-760.11 86 and 509.092, the term: 87 (7)(1)“Florida Civil Rights Act of 1992” means ss. 760.01 88 760.11 and 509.092. 89 (2) “Commission” means the Florida Commission on Human 90 Relations created by s. 760.03. 91 (3) “Commissioner” or “member” means a member of the 92 commission. 93 (4) “Discriminatory practice” means any practice made 94 unlawful by the Florida Civil Rights Act of 1992. 95 (10)(5)“National origin” includes ancestry. 96 (11)(6)“Person” includes an individual, association, 97 corporation, joint apprenticeship committee, joint-stock 98 company, labor union, legal representative, mutual company, 99 partnership, receiver, trust, trustee in bankruptcy, or 100 unincorporated organization; any other legal or commercial 101 entity; the state; or any governmental entity or agency. 102 (5)(7)“Employer” means any person employing 15 or more 103 employees for each working day in each of 20 or more calendar 104 weeks in the current or preceding calendar year, and any agent 105 of such a person. 106 (6)(8)“Employment agency” means any person regularly 107 undertaking, with or without compensation, to procure employees 108 for an employer or to procure for employees opportunities to 109 work for an employer, and includes an agent of such a person. 110 (8) “Gender identity” means gender-related identity, 111 appearance, or behavior, regardless of whether such gender 112 related identity, appearance, or behavior is different from that 113 traditionally associated with the person’s physiology or 114 assigned sex at birth, and which gender-related identity can be 115 shown by the person providing evidence, including, but not 116 limited to: 117 (a) Medical history, care, or treatment of the gender 118 related identity; 119 (b) Consistent and uniform assertion of the gender-related 120 identity; or 121 (c) Other evidence that the gender-related identity is a 122 sincerely held part of a person’s core identity and is not being 123 asserted for an improper purpose. 124 (9) “Labor organization” means any organization which 125 exists for the purpose, in whole or in part, of collective 126 bargaining or of dealing with employers concerning grievances, 127 terms or conditions of employment, or other mutual aid or 128 protection in connection with employment. 129 (1)(10)“Aggrieved person” means any person who files a 130 complaint with the Florida Commission on Human Relations 131Commission. 132 (12)(11)“Public accommodations” means places of public 133 accommodation, lodgings, facilities principally engaged in 134 selling food for consumption on the premises, gasoline stations, 135 places of exhibition or entertainment, and other covered 136 establishments. Each of the following establishments which 137 serves the public is a place of public accommodation within the 138 meaning of this section: 139 (a) Any inn, hotel, motel, or other establishment that 140whichprovides lodging to transient guests, other than an 141 establishment located within a building thatwhichcontains not 142 more than four rooms for rent or hire and thatwhichis actually 143 occupied by the proprietor of such establishment as his or her 144 residence. 145 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 146 soda fountain, or other facility principally engaged in selling 147 food for consumption on the premises, including, but not limited 148 to, any such facility located on the premises of any retail 149 establishment, or any gasoline station. 150 (c) Any motion picture theater, theater, concert hall, 151 sports arena, stadium, or other place of exhibition or 152 entertainment. 153 (d) Any establishment thatwhichis physically located 154 within the premises of any establishment otherwise covered by 155 this subsection, or within the premises of which is physically 156 located any such covered establishment, and thatwhichholds 157 itself out as serving patrons of such covered establishment. 158 (13) “Sexual orientation” means an individual’s 159 heterosexuality, homosexuality, or bisexuality. 160 Section 5. Section 760.05, Florida Statutes, is amended to 161 read: 162 760.05 Functions of the commission.—The commission shall 163 promote and encourage fair treatment and equal opportunity for 164 all persons regardless of race, color, religion, sex, pregnancy, 165 national origin, age, sexual orientation, gender identity, 166 handicap, or marital status and mutual understanding and respect 167 among all members of society. The commissionall economic,168social, racial, religious, and ethnic groups; andshall endeavor 169 to eliminate discrimination against, and antagonism between, 170 persons on the basis of race, color, religion, sex, pregnancy, 171 national origin, age, sexual orientation, gender identity, 172 handicap, or marital statusreligious, racial, and ethnic groups173and their members. 174 Section 6. Section 760.07, Florida Statutes, is amended to 175 read: 176 760.07 Remedies for unlawful discrimination.—Any violation 177 of any state lawFlorida statutemaking unlawful discrimination 178 because of race, color, religion, gender, pregnancy, national 179 origin, age, sexual orientation, gender identity, handicap, or 180 marital status in the areas of education, employment, housing, 181 or public accommodations gives rise to a cause of action for all 182 relief and damages described in s. 760.11(5), unless greater 183 damages are expressly provided for. If the statute prohibiting 184 unlawful discrimination provides an administrative remedy, the 185 action for equitable relief and damages provided for in this 186 section may be initiated only after the plaintiff has exhausted 187 his or her administrative remedy. The term “public 188 accommodations” does not include lodge halls or other similar 189 facilities of private organizations which are made available for 190 public use occasionally or periodically. The right to trial by 191 jury is preserved in any case in which the plaintiff is seeking 192 actual or punitive damages. 193 Section 7. Section 760.08, Florida Statutes, is amended to 194 read: 195 760.08 Discrimination in places of public accommodation. 196 All persons are entitled to the full and equal enjoyment of the 197 goods, services, facilities, privileges, advantages, and 198 accommodations of any place of public accommodation without 199 discrimination or segregation on the ground of race, color, 200 national origin, sex, sexual orientation, gender identity, 201 pregnancy, handicap, familial status, or religion. 202 Section 8. Subsections (1) and (2), paragraphs (a) and (b) 203 of subsection (3), subsections (4), (5), and (6), paragraph (a) 204 of subsection (8), and subsection (9) of section 760.10, Florida 205 Statutes, are amended, and subsection (10) of that section is 206 republished, to read: 207 760.10 Unlawful employment practices.— 208 (1) It is an unlawful employment practice for an employer: 209 (a) To discharge or to fail or refuse to hire any 210 individual, or otherwise to discriminate against any individual 211 with respect to compensation, terms, conditions, or privileges 212 of employment, because of such individual’s race, color, 213 religion, sex, pregnancy, national origin, age, sexual 214 orientation, gender identity, handicap, or marital status. 215 (b) To limit, segregate, or classify employees or 216 applicants for employment in any way thatwhichwould deprive or 217 tend to deprive any individual of employment opportunities, or 218 adversely affect any individual’s status as an employee, because 219 of such individual’s race, color, religion, sex, pregnancy, 220 national origin, age, sexual orientation, gender identity, 221 handicap, or marital status. 222 (2) It is an unlawful employment practice for an employment 223 agency to fail or refuse to refer for employment, or otherwise 224 to discriminate against, any individual because of race, color, 225 religion, sex, pregnancy, national origin, age, sexual 226 orientation, gender identity, handicap, or marital status or to 227 classify or refer for employment any individual on the basis of 228 race, color, religion, sex, pregnancy, national origin, age, 229 sexual orientation, gender identity, handicap, or marital 230 status. 231 (3) It is an unlawful employment practice for a labor 232 organization: 233 (a) To exclude or to expel from its membership, or 234 otherwise to discriminate against, any individual because of 235 race, color, religion, sex, pregnancy, national origin, age, 236 sexual orientation, gender identity, handicap, or marital 237 status. 238 (b) To limit, segregate, or classify its membership or 239 applicants for membership, or to classify or fail or refuse to 240 refer for employment any individual, in any way that would 241 deprive or tend to deprive any individual of employment 242 opportunities, or adversely affect any individual’s status as an 243 employee or as an applicant for employment, because of such 244 individual’s race, color, religion, sex, pregnancy, national 245 origin, age, sexual orientation, gender identity, handicap, or 246 marital status. 247 (4) It is an unlawful employment practice for any employer, 248 labor organization, or joint labor-management committee 249 controlling apprenticeship or other training or retraining, 250 including on-the-job training programs, to discriminate against 251 any individual because of race, color, religion, sex, pregnancy, 252 national origin, age, sexual orientation, gender identity, 253 handicap, or marital status in admission to, or employment in, 254 any program established to provide apprenticeship or other 255 training. 256 (5) Whenever, in order to engage in a profession, 257 occupation, or trade, it is required that a person receive a 258 license, certification, or other credential;,become a member or 259 an associate of any club, association, or other organization;,260 or pass any examination, it is an unlawful employment practice 261 for any person to discriminate against any other person seeking 262 such license, certification, or other credential;,seeking to 263 become a member or associate of such club, association, or other 264 organization;,or seeking to take or pass such examination, 265 because of such other person’s race, color, religion, sex, 266 pregnancy, national origin, age, sexual orientation, gender 267 identity, handicap, or marital status. 268 (6) It is an unlawful employment practice for an employer, 269 a labor organization, an employment agency, or a joint labor 270 management committee to print, or cause to be printed or 271 published, any notice or advertisement relating to employment, 272 membership, classification, referral for employment, or 273 apprenticeship or other training which indicates, indicatingany 274 preference, limitation, specification, or discrimination,based 275 on race, color, religion, sex, pregnancy, national origin, age, 276 sexual orientation, gender identity, absence of handicap, or 277 marital status. 278 (8) Notwithstanding any other provision of this section, it 279 is not an unlawful employment practice under ss. 760.01-760.10 280 for an employer, employment agency, labor organization, or joint 281 labor-management committee to: 282 (a) Take or fail to take any action on the basis of 283 religion, sex, pregnancy, national origin, age, sexual 284 orientation, gender identity, handicap, or marital status in 285 those certain instances in which religion, sex, condition of 286 pregnancy, national origin, age, sexual orientation, gender 287 identity, absence of a particular handicap, or marital status is 288 a bona fide occupational qualification reasonably necessary for 289 the performance of the particular employment to which such 290 action or inaction is related. 291 (9)(a) This section doesshallnot apply to any religious 292 corporation, association, educational institution, or society 293 thatwhichconditions opportunities in the area of employment or 294 public accommodation to members of that religious corporation, 295 association, educational institution, or society or to persons 296 who subscribe to its tenets or beliefs. 297 (b) This section doesshallnot prohibit a religious 298 corporation, association, educational institution, or society 299 from giving preference in employment to individuals of a 300 particular religion to perform work connected with the carrying 301 on by such corporations, associations, educational institutions, 302 or societies of its various activities. 303 (c) This section and s. 760.08 do not limit the free 304 exercise of religion guaranteed by the United States 305 Constitution and the State Constitution. 306 (10) Each employer, employment agency, and labor 307 organization shall post and keep posted in conspicuous places 308 upon its premises a notice provided by the commission setting 309 forth such information as the commission deems appropriate to 310 effectuate the purposes of ss. 760.01-760.10. 311 Section 9. Section 760.22, Florida Statutes, is amended to 312 read: 313 760.22 Definitions.—As used in ss. 760.20-760.37, the term: 314 (1) “Commission” means the Florida Commission on Human 315 Relations. 316 (2) “Covered multifamily dwelling” means: 317 (a) A building thatwhichconsists of four or more units 318 and has an elevator; or 319 (b) The ground floor units of a building thatwhich320 consists of four or more units and does not have an elevator. 321 (3) “Discriminatory housing practice” means an act that is 322 unlawful under the terms of ss. 760.20-760.37. 323 (4) “Dwelling” means any building or structure, or portion 324 thereof, which is occupied as, or designed or intended for 325 occupancy as, a residence by one or more families, and any 326 vacant land thatwhichis offered for sale or lease for the 327 construction or location on the land of any such building or 328 structure, or portion thereof. 329 (5) “Familial status” is established when an individual who 330 has not attained the age of 18 years is domiciled with: 331 (a) A parent or other person having legal custody of such 332 individual; or 333 (b) A designee of a parent or other person having legal 334 custody, with the written permission of such parent or other 335 person. 336 (6) “Family” includes a single individual. 337 (7) “Gender identity” has the same meaning as provided in 338 s. 760.02. 339 (8)(7)“Handicap” means: 340 (a) Aperson has aphysical or mental impairment thatwhich341 substantially limits one or more major life activities for a 342 person who has,or he or shehas a record of having, or is 343 regarded as having that,suchphysical or mental impairment; or 344 (b) Aperson has adevelopmental disability as defined in 345 s. 393.063. 346 (9)(8)“Person” includes one or more individuals, 347 corporations, partnerships, associations, labor organizations, 348 legal representatives, mutual companies, joint-stock companies, 349 trusts, unincorporated organizations, trustees, trustees in 350 bankruptcy, receivers, and fiduciaries. 351 (10) “Sexual orientation” has the same meaning as provided 352 in s. 760.02. 353 (11)(9)“Substantially equivalent” means an administrative 354 subdivision of the State of Florida meeting the requirements of 355 24 C.F.R. part 115, s. 115.6. 356 (12)(10)“To rent” includes to lease, to sublease, to let, 357 and otherwise to grant for a consideration the right to occupy 358 premises not owned by the occupant. 359 Section 10. Subsections (1) through (5) of section 760.23, 360 Florida Statutes, are amended to read: 361 760.23 Discrimination in the sale or rental of housing and 362 other prohibited practices.— 363 (1) It is unlawful to refuse to sell or rent after the 364 making of a bona fide offer, to refuse to negotiate for the sale 365 or rental of, or otherwise to make unavailable or deny a 366 dwelling to any person because of race, color, national origin, 367 sex, sexual orientation, gender identity, handicap, familial 368 status, or religion. 369 (2) It is unlawful to discriminate against any person in 370 the terms, conditions, or privileges of sale or rental of a 371 dwelling, or in the provision of services or facilities in 372 connection therewith, because of race, color, national origin, 373 sex, sexual orientation, gender identity, handicap, familial 374 status, or religion. 375 (3) It is unlawful to make, print, or publish, or cause to 376 be made, printed, or published, any notice, statement, or 377 advertisement with respect to the sale or rental of a dwelling 378 that indicates any preference, limitation, or discrimination 379 based on race, color, national origin, sex, sexual orientation, 380 gender identity, handicap, familial status, or religion or an 381 intention to make any such preference, limitation, or 382 discrimination. 383 (4) It is unlawful to represent to any person because of 384 race, color, national origin, sex, sexual orientation, gender 385 identity, handicap, familial status, or religion that any 386 dwelling is not available for inspection, sale, or rental when 387 such dwelling is in fact so available. 388 (5) It is unlawful, for profit, to induce or attempt to 389 induce any person to sell or rent any dwelling by a 390 representation regarding the entry or prospective entry into the 391 neighborhood of a person or persons of a particular race, color, 392 national origin, sex, sexual orientation, gender identity, 393 handicap, familial status, or religion. 394 Section 11. Section 760.24, Florida Statutes, is amended to 395 read: 396 760.24 Discrimination in the provision of brokerage 397 services.—It is unlawful to deny any person access to, or 398 membership or participation in, any multiple-listing service, 399 real estate brokers’ organization, or other service, 400 organization, or facility relating to the business of selling or 401 renting dwellings, or to discriminate against him or her in the 402 terms or conditions of such access, membership, or 403 participation, becauseon accountof race, color, national 404 origin, sex, sexual orientation, gender identity, handicap, 405 familial status, or religion. 406 Section 12. Subsection (1) and paragraph (a) of subsection 407 (2) of section 760.25, Florida Statutes, are amended to read: 408 760.25 Discrimination in the financing of housing or in 409 residential real estate transactions.— 410 (1) It is unlawful for any bank, building and loan 411 association, insurance company, or other corporation, 412 association, firm, or enterprise the business of which consists 413 in whole or in part of the making of commercial real estate 414 loans to deny a loan or other financial assistance to a person 415 applying for the loan for the purpose of purchasing, 416 constructing, improving, repairing, or maintaining a dwelling, 417 or to discriminate against him or her in the fixing of the 418 amount, interest rate, duration, or other term or condition of 419 such loan or other financial assistance, because of the race, 420 color, national origin, sex, sexual orientation, gender 421 identity, handicap, familial status, or religion of such person 422 or of any person associated with him or her in connection with 423 such loan or other financial assistance or the purposes of such 424 loan or other financial assistance, or because of the race, 425 color, national origin, sex, sexual orientation, gender 426 identity, handicap, familial status, or religion of the present 427 or prospective owners, lessees, tenants, or occupants of the 428 dwelling or dwellings in relation to which such loan or other 429 financial assistance is to be made or given. 430 (2)(a) It is unlawful for any person or entity whose 431 business includes engaging in residential real estate 432 transactions to discriminate against any person in making 433 available such a transaction, or in the terms or conditions of 434 such a transaction, because of race, color, national origin, 435 sex, sexual orientation, gender identity, handicap, familial 436 status, or religion. 437 Section 13. Section 760.26, Florida Statutes, is amended to 438 read: 439 760.26 Prohibited discrimination in land use decisions and 440 in permitting of development.—It is unlawful to discriminate in 441 land use decisions or in the permitting of development based on 442 race, color, national origin, sex, sexual orientation, gender 443 identity, disability, familial status, religion, or, except as 444 otherwise provided by law, the source of financing of a 445 development or proposed development. 446 Section 14. Paragraph (a) of subsection (5) of section 447 760.29, Florida Statutes, is amended to read: 448 760.29 Exemptions.— 449 (5) Nothing in ss. 760.20-760.37: 450 (a) Prohibits a person engaged in the business of 451 furnishing appraisals of real property from taking into 452 consideration factors other than race, color, national origin, 453 sex, sexual orientation, gender identity, handicap, familial 454 status, or religion. 455 Section 15. Subsection (1) of section 760.60, Florida 456 Statutes, is amended to read: 457 760.60 Discriminatory practices of certain clubs 458 prohibited; remedies.— 459 (1) It is unlawful for a person to discriminate against any 460 individual because of race, color, religion, gender, national 461 origin, handicap, age above the age of 21, sexual orientation, 462 gender identity, or marital status in evaluating an application 463 for membership in a club that has more than 400 members, that 464 provides regular meal service, and that regularly receives 465 payment for dues, fees, use of space, facilities, services, 466 meals, or beverages directly or indirectly from nonmembers for 467 business purposes. It is unlawful for a person, on behalf of 468 such a club, to publish, circulate, issue, display, post, or 469 mail any advertisement, notice, or solicitation that contains a 470 statement to the effect that the accommodations, advantages, 471 facilities, membership, or privileges of the club are denied to 472 any individual because of race, color, religion, gender, 473 national origin, handicap, age above the age of 21, sexual 474 orientation, gender identity, or marital status. This subsection 475 does not apply to fraternal or benevolent organizations, ethnic 476 clubs, or religious organizations where business activity is not 477 prevalent. 478 Section 16. Paragraph (e) of subsection (1) of section 479 419.001, Florida Statutes, is amended to read: 480 419.001 Site selection of community residential homes.— 481 (1) For the purposes of this section, the term: 482 (e) “Resident” means any of the following: a frail elder as 483 defined in s. 429.65; a person who has a handicap as defined in 484 s. 760.22(8)(a)s. 760.22(7)(a); a person who has a 485 developmental disability as defined in s. 393.063; a 486 nondangerous person who has a mental illness as defined in s. 487 394.455; or a child who is found to be dependent as defined in 488 s. 39.01 or s. 984.03, or a child in need of services as defined 489 in s. 984.03 or s. 985.03. 490 Section 17. This act shall take effect July 1, 2018.