Bill Text: FL S0230 | 2010 | Regular Session | Introduced

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Bill Title: Discrimination Based on Disability [WPSC]

Sponsorship: Slight Partisan Bill (Democrat 3-1)

Status: (Failed) 2010-04-30 - Died in Committee on Community Affairs, companion bill(s) passed, see SB 1166 (Ch. 2010-193) [S0230 Detail]

Download: Florida-2010-S0230-Introduced.html

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Florida Senate - 2010                                     SB 230 
 
By Senator Joyner 
18-00300-10                                            2010230__ 
1                        A bill to be entitled 
2         An act relating to discrimination based on disability; 
3         amending ss. 110.105, 110.112, 110.181, 110.233, 
4         112.042, 119.071, 119.0713, 259.1053, 288.7015, 
5         288.9625, 290.0135, 381.026, 395.1041, 409.907, 
6         414.095, 419.001, 420.624, 420.9075, 440.02, 562.51, 
7         636.009, and 636.022, F.S.; conforming terms to 
8         changes made by the act; amending s. 760.01, F.S.; 
9         substituting the term “disability” for the term 
10         “handicap”; updating terms and conforming cross 
11         references; amending s. 760.02, F.S.; defining the 
12         terms “disability,” “major life activities,” 
13         “substantially limits,” and “transitory or minor 
14         impairment”; creating s. 760.025, F.S.; providing that 
15         an impairment that limits one major life activity is a 
16         disability; amending s. 760.03, F.S.; providing that 
17         the Florida Commission on Human Relations may delegate 
18         its functions relating to the Florida Civil Rights 
19         Act; amending s. 760.04, F.S.; conforming terms to 
20         changes made by the act; amending s. 760.05, F.S.; 
21         providing that the commission shall administer the 
22         Florida Civil Rights Act; amending s. 760.06, F.S.; 
23         authorizing the commission to use any method of 
24         discovery authorized by the Florida Rules of Civil 
25         Procedure; specifying to whom the commission shall 
26         provide technical assistance; authorizing the 
27         commission to assess costs and charge fees; amending 
28         ss. 760.07 and 760.08, F.S.; substituting the word 
29         “sex” for the term “gender” and conforming other terms 
30         to changes made by the act; amending s. 760.10, F.S.; 
31         specifying what is an unlawful employment practice 
32         with respect to paying compensation; providing 
33         additional grounds that constitute unlawful employment 
34         practices; amending s. 760.11, F.S.; revising 
35         procedures for filing a complaint; authorizing the 
36         commission to bring an action for temporary or 
37         preliminary relief; providing for injunctions and 
38         other remedies; authorizing the executive director of 
39         the commission to reconsider a determination of 
40         reasonable cause; providing a statute of limitations 
41         for bringing a civil action under certain 
42         circumstances; creating s. 760.12, F.S.; authorizing 
43         the commission to recover expenditures made on behalf 
44         of persons seeking relief; creating s. 760.13, F.S.; 
45         establishing fees; creating s. 760.14, F.S.; providing 
46         for the availability of mediation, arbitration, and 
47         conciliation services; providing a fee for such 
48         services; creating s. 760.15, F.S.; specifying how 
49         time is to be computed under the act; creating s. 
50         760.16, F.S.; providing for a direct-support 
51         organization to support the commission; providing 
52         purposes; providing for a board of directors; 
53         providing for a contract and the content of such 
54         contract; providing limitations; authorizing the 
55         commission to adopt rules; amending s. 760.20, F.S.; 
56         conforming terms; amending s. 760.22, F.S.; defining 
57         the terms “disability,” major life activities,” 
58         “substantially limits,” and “transitory or minor 
59         impairment”; deleting the term “handicap”; creating s. 
60         760.225, F.S.; providing that an impairment that 
61         limits one major life activity is a disability; 
62         amending ss. 760.23, 760.24, and 760.25, F.S.; 
63         conforming terms to changes made by the act; amending 
64         s. 760.29, F.S.; revising provisions providing housing 
65         exemptions from the Fair Housing Act; increasing the 
66         fee for registering the exemption; amending ss. 760.30 
67         and 760.31, F.S.; conforming terms to changes made by 
68         the act; amending s. 760.32, F.S.; authorizing the 
69         commission to use any method of discovery authorized 
70         by the Florida Rules of Civil Procedure; amending s. 
71         760.34, F.S.; revising procedures for filing a 
72         complaint; authorizing the commission to bring an 
73         action for temporary or preliminary relief; providing 
74         for injunctions; providing for administrative 
75         procedures under certain circumstances; providing for 
76         the award of attorney’s fees and costs; amending s. 
77         760.35, F.S.; revising provisions relating to bringing 
78         a civil action; amending ss. 760.36 and 760.37, F.S.; 
79         conforming cross-references; creating s. 760.38, F.S.; 
80         authorizing the commission to recover expenditures 
81         made on behalf of persons seeking relief; creating s. 
82         760.381, F.S.; establishing fees; creating s. 760.382, 
83         F.S.; providing for the availability of mediation, 
84         arbitration, and conciliation services; creating s. 
85         760.383, F.S.; specifying how time is to be computed 
86         under the act; amending ss. 760.50, 760.60, 849.086, 
87         849.0931, 874.02, 1004.447, and 1012.855, F.S.; 
88         conforming terms to changes made by the act; providing 
89         an effective date. 
90 
91  Be It Enacted by the Legislature of the State of Florida: 
92 
93         Section 1. Subsection (2) of section 110.105, Florida 
94  Statutes, is amended to read: 
95         110.105 Employment policy of the state.— 
96         (2) All appointments, terminations, assignments and 
97  maintenance of status, compensation, privileges, and other terms 
98  and conditions of employment in state government shall be made 
99  without regard to age, sex, race, religion, national origin, 
100  political affiliation, marital status, or disability handicap, 
101  except when a specific sex, age, or physical requirement 
102  constitutes a bona fide occupational qualification necessary to 
103  proper and efficient administration. 
104         Section 2. Subsection (4) of section 110.112, Florida 
105  Statutes, is amended to read: 
106         110.112 Affirmative action; equal employment opportunity.— 
107         (4) The state and, its agencies and officers shall ensure 
108  freedom from discrimination in employment as provided by the 
109  Florida Civil Rights Act of 1992, by s. 112.044, and by this 
110  chapter. 
111         Section 3. Paragraph (h) of subsection (1) of section 
112  110.181, Florida Statutes, is amended to read: 
113         110.181 Florida State Employees’ Charitable Campaign.— 
114         (1) CREATION AND ORGANIZATION OF CAMPAIGN.— 
115         (h) Organizations ineligible to participate in the Florida 
116  State Employees’ Charitable Campaign include, but are not 
117  limited to, the following: 
118         1. Organizations whose fundraising and administrative 
119  expenses exceed 25 percent, unless extraordinary circumstances 
120  are can be demonstrated. 
121         2. Organizations whose activities contain an element that 
122  is more than incidentally political in nature or whose 
123  activities are primarily political, religious, professional, or 
124  fraternal in nature. 
125         3. Organizations that which discriminate against any 
126  individual or group on account of race, color, religion, sex, 
127  national origin, age, disability handicap, or political 
128  affiliation. 
129         4. Organizations not properly registered as a charitable 
130  organization as required by the Solicitation of Contributions 
131  Act, ss. 496.401-496.424. 
132         5. Organizations that which have not received tax-exempt 
133  status under s. 501(c)(3), Internal Revenue Code. 
134         Section 4. Subsection (1) of section 110.233, Florida 
135  Statutes, is amended to read: 
136         110.233 Political activities and unlawful acts prohibited.— 
137         (1) No person shall be appointed to, demoted, or dismissed 
138  from any position in the career service, or in any way favored 
139  or discriminated against with respect to employment in the 
140  career service, because of race, color, national origin, sex, 
141  disability handicap, religious creed, or political opinion or 
142  affiliation. 
143         Section 5. Subsection (1) of section 112.042, Florida 
144  Statutes, is amended to read: 
145         112.042 Discrimination in county and municipal employment; 
146  relief.— 
147         (1) It is against the public policy of this state for the 
148  governing body of any county or municipal agency, board, 
149  commission, department, or office, solely because of the race, 
150  color, national origin, sex, disability handicap, or religious 
151  creed of any individual, to refuse to hire or employ, to bar, or 
152  to discharge from employment, such individuals or to otherwise 
153  discriminate against any individual such individuals with 
154  respect to compensation, hire, tenure, terms, conditions, or 
155  privileges of employment, if the individual is the most 
156  competent and able to perform the services required. 
157         Section 6. Paragraph (g) of subsection (2) of section 
158  119.071, Florida Statutes, is amended to read: 
159         119.071 General exemptions from inspection or copying of 
160  public records.— 
161         (2) AGENCY INVESTIGATIONS.— 
162         (g)1.a. All complaints and other records in the custody of 
163  any agency which relate to a complaint of discrimination 
164  relating to race, color, religion, sex, national origin, age, 
165  disability handicap, or marital status in connection with hiring 
166  practices, position classifications, salary, benefits, 
167  discipline, discharge, employee performance, evaluation, or 
168  other related activities are exempt from s. 119.07(1) and s. 
169  24(a), Art. I of the State Constitution until a finding is made 
170  relating to probable cause is made, the investigation of the 
171  complaint becomes inactive, or the complaint or other record is 
172  made part of the official record of any hearing or court 
173  proceeding. 
174         a.b. This provision does shall not affect any function or 
175  activity of the Florida Commission on Human Relations. 
176         b.c. Any state or federal agency that is authorized by law 
177  to have access to such complaints or records by any provision of 
178  law shall be granted such access in the furtherance of its such 
179  agency’s statutory duties. 
180         2. If When the alleged victim chooses not to file a 
181  complaint and requests that records of the complaint remain 
182  confidential, all records relating to an allegation of 
183  employment discrimination are confidential and exempt from s. 
184  119.07(1) and s. 24(a), Art. I of the State Constitution. 
185         3. This paragraph is subject to the Open Government Sunset 
186  Review Act in accordance with s. 119.15 and shall stand repealed 
187  on October 2, 2013, unless reviewed and saved from repeal 
188  through reenactment by the Legislature. 
189         Section 7. Subsection (1) of section 119.0713, Florida 
190  Statutes, is amended to read: 
191         119.0713 Local government agency exemptions from inspection 
192  or copying of public records.— 
193         (1) All complaints and other records in the custody of any 
194  unit of local government which relate to a complaint of 
195  discrimination relating to race, color, religion, sex, national 
196  origin, age, disability handicap, marital status, sale or rental 
197  of housing, the provision of brokerage services, or the 
198  financing of housing are exempt from s. 119.07(1) and s. 24(a), 
199  Art. I of the State Constitution until a finding is made 
200  relating to probable cause is made, the investigation of the 
201  complaint becomes inactive, or the complaint or other record is 
202  made part of the official record of any hearing or court 
203  proceeding. This provision does shall not affect any function or 
204  activity of the Florida Commission on Human Relations. Any state 
205  or federal agency that is authorized by law to have access to 
206  such complaints or records by any provision of law shall be 
207  granted such access in the furtherance of its such agency’s 
208  statutory duties. This subsection does shall not be construed to 
209  modify or repeal any special or local act. 
210         Section 8. Paragraph (h) of subsection (9) of section 
211  259.1053, Florida Statutes, is amended to read: 
212         259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.; 
213  creation; membership; organization; meetings.— 
214         (9) POWERS AND DUTIES.— 
215         (h) The corporation and its subsidiaries shall must provide 
216  equal employment opportunities for all persons regardless of 
217  race, color, religion, sex gender, national origin, age, 
218  disability handicap, or marital status. 
219         Section 9. Subsection (5) of section 288.7015, Florida 
220  Statutes, is amended to read: 
221         288.7015 Appointment of rules ombudsman; duties.—The 
222  Governor shall appoint a rules ombudsman, as defined in s. 
223  288.703, in the Executive Office of the Governor, for 
224  considering the impact of agency rules on the state’s citizens 
225  and businesses. In carrying out duties as provided by law, the 
226  ombudsman shall consult with Enterprise Florida, Inc., at which 
227  point the office may recommend to improve the regulatory 
228  environment of this state. The duties of the rules ombudsman are 
229  to: 
230         (5) Each state agency shall cooperate fully with the rules 
231  ombudsman in identifying such rules and. Further, each agency 
232  shall take the necessary steps to waive, modify, or otherwise 
233  minimize the such adverse effects of any such rules. However, 
234  nothing in this section does not authorize a authorizes any 
235  state agency to waive, modify, provide exceptions to, or 
236  otherwise alter any rule that is: 
237         (a) Expressly required to implement or enforce any 
238  statutory provision or the express legislative intent thereof; 
239         (b) Designed to protect persons against discrimination on 
240  the basis of race, color, national origin, religion, sex, age, 
241  disability handicap, or marital status; or 
242         (c) Likely to prevent a significant risk or danger to the 
243  public health, the public safety, or the environment of the 
244  state. 
245         Section 10. Subsection (3) of section 288.9625, Florida 
246  Statutes, is amended to read: 
247         288.9625 Institute for the Commercialization of Public 
248  Research.—There is established the Institute for the 
249  Commercialization of Public Research. 
250         (3) The articles of incorporation of the institute must be 
251  approved in a written agreement with Enterprise Florida, Inc. 
252  The agreement and the articles of incorporation shall: 
253         (a) Provide that the institute shall provide equal 
254  employment opportunities for all persons regardless of race, 
255  color, religion, sex gender, national origin, age, disability 
256  handicap, or marital status; 
257         (b) Provide that the institute is subject to the public 
258  records and meeting requirements of s. 24, Art. I of the State 
259  Constitution; 
260         (c) Provide that all officers, directors, and employees of 
261  the institute shall be governed by the code of ethics for public 
262  officers and employees as set forth in part III of chapter 112; 
263         (d) Provide that members of the board of directors of the 
264  institute are responsible for the prudent use of all public and 
265  private funds and that they will ensure that the use of funds is 
266  in accordance with all applicable laws, bylaws, and contractual 
267  requirements; and 
268         (e) Provide that the fiscal year of the institute is from 
269  July 1 to June 30. 
270         Section 11. Subsection (2) of section 290.0135, Florida 
271  Statutes, is amended to read: 
272         290.0135 Local government ordinances; encouragements and 
273  incentives; review for adverse effects; certain changes 
274  prohibited.— 
275         (2) Nothing in This section does not authorize a authorizes 
276  any local government to waive, amend, provide exceptions to, or 
277  otherwise modify or alter any ordinance: 
278         (a) That Which is expressly required to implement or 
279  enforce any statutory provision or the legislative intent 
280  thereof; 
281         (b) That Which is designed to protect persons against 
282  discrimination on the basis of race, color, national origin, 
283  religion, sex, age, disability handicap, or marital status; or 
284         (c) The waiver, amendment, or modification of which is 
285  likely to present a significant risk to the public health, 
286  public safety, or the environment of the state. 
287         Section 12. Paragraph (d) of subsection (4) and subsection 
288  (6) of section 381.026, Florida Statutes, are amended to read: 
289         381.026 Florida Patient’s Bill of Rights and 
290  Responsibilities.— 
291         (4) RIGHTS OF PATIENTS.—Each health care facility or 
292  provider shall observe the following standards: 
293         (d) Access to health care.— 
294         1. A patient has the right to impartial access to medical 
295  treatment or accommodations, regardless of race, national 
296  origin, religion, disability handicap, or source of payment. 
297         2. A patient has the right to treatment for any emergency 
298  medical condition that will deteriorate due to from failure to 
299  provide such treatment. 
300         3. A patient has the right to access any mode of treatment 
301  that is, in his or her own judgment and the judgment of his or 
302  her health care practitioner, is in the best interests of the 
303  patient, including complementary or alternative health care 
304  treatments, in accordance with the provisions of s. 456.41. 
305         (6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.—Any health care 
306  provider who treats a patient in an office or any health care 
307  facility licensed under chapter 395 which that provides 
308  emergency services and care or outpatient services and care to a 
309  patient, or admits and treats a patient, shall adopt and make 
310  available to the patient, in writing, a statement of the rights 
311  and responsibilities of patients, including the following: 
312                SUMMARY OF THE FLORIDA PATIENT’S BILL 
313                   OF RIGHTS AND RESPONSIBILITIES 
314 
315         Florida law requires that your health care provider or 
316  health care facility recognize your rights while you are 
317  receiving medical care and that you respect the health care 
318  provider’s or health care facility’s right to expect certain 
319  behavior on the part of patients. You may request a copy of the 
320  full text of this law from your health care provider or health 
321  care facility. A summary of your rights and responsibilities 
322  follows: 
323         A patient has the right to be treated with courtesy and 
324  respect, with appreciation of his or her individual dignity, and 
325  with protection of his or her need for privacy. 
326         A patient has the right to a prompt and reasonable response 
327  to questions and requests. 
328         A patient has the right to know who is providing medical 
329  services and who is responsible for his or her care. 
330         A patient has the right to know what patient support 
331  services are available, including whether an interpreter is 
332  available if he or she does not speak English. 
333         A patient has the right to know what rules and regulations 
334  apply to his or her conduct. 
335         A patient has the right to be given by the health care 
336  provider information concerning diagnosis, planned course of 
337  treatment, alternatives, risks, and prognosis. 
338         A patient has the right to refuse any treatment, except as 
339  otherwise provided by law. 
340         A patient has the right to be given, upon request, full 
341  information and necessary counseling on the availability of 
342  known financial resources for his or her care. 
343         A patient who is eligible for Medicare has the right to 
344  know, upon request and in advance of treatment, whether the 
345  health care provider or health care facility accepts the 
346  Medicare assignment rate. 
347         A patient has the right to receive, upon request, prior to 
348  treatment, a reasonable estimate of charges for medical care. 
349         A patient has the right to receive a copy of a reasonably 
350  clear and understandable, itemized bill and, upon request, to 
351  have the charges explained. 
352         A patient has the right to impartial access to medical 
353  treatment or accommodations, regardless of race, national 
354  origin, religion, disability handicap, or source of payment. 
355         A patient has the right to treatment for any emergency 
356  medical condition that will deteriorate due to from failure to 
357  provide treatment. 
358         A patient has the right to know if medical treatment is for 
359  purposes of experimental research and to give his or her consent 
360  or refusal to participate in such experimental research. 
361         A patient has the right to express grievances regarding any 
362  violation of his or her rights, as stated in Florida law, 
363  through the grievance procedure of the health care provider or 
364  health care facility that which served him or her and to the 
365  appropriate state licensing agency. 
366         A patient is responsible for providing to the health care 
367  provider, to the best of his or her knowledge, accurate and 
368  complete information about present complaints, past illnesses, 
369  hospitalizations, medications, and other matters relating to his 
370  or her health. 
371         A patient is responsible for reporting unexpected changes 
372  in his or her condition to the health care provider. 
373         A patient is responsible for reporting to the health care 
374  provider whether he or she comprehends a contemplated course of 
375  action and what is expected of him or her. 
376         A patient is responsible for following the treatment plan 
377  recommended by the health care provider. 
378         A patient is responsible for keeping appointments and, when 
379  he or she is unable to do so for any reason, for notifying the 
380  health care provider or health care facility. 
381         A patient is responsible for his or her actions if he or 
382  she refuses treatment or does not follow the health care 
383  provider’s instructions. 
384         A patient is responsible for assuring that the financial 
385  obligations of his or her health care are fulfilled as promptly 
386  as possible. 
387         A patient is responsible for following health care facility 
388  rules and regulations affecting patient care and conduct. 
389         Section 13. Paragraph (f) of subsection (3) of section 
390  395.1041, Florida Statutes, is amended to read: 
391         395.1041 Access to emergency services and care.— 
392         (3) EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF 
393  FACILITY OR HEALTH CARE PERSONNEL.— 
394         (f) In no event shall The provision of emergency services 
395  and care, the acceptance of a medically necessary transfer, or 
396  the return of a patient pursuant to paragraph (e) may not be 
397  based upon, or affected by, the person’s race, ethnicity, 
398  religion, national origin, citizenship, age, sex, preexisting 
399  medical condition, physical or mental disability handicap, 
400  insurance status, economic status, or ability to pay for medical 
401  services, except to the extent that a circumstance such as age, 
402  sex, preexisting medical condition, or physical or mental 
403  disability handicap is medically significant to the provision of 
404  appropriate medical care to the patient. 
405         Section 14. Section 409.907, Florida Statutes, is amended 
406  to read: 
407         409.907 Medicaid provider agreements.—The agency may make 
408  payments for medical assistance and related services rendered to 
409  Medicaid recipients only to an individual or entity who has a 
410  provider agreement in effect with the agency, who is performing 
411  services or supplying goods in accordance with federal, state, 
412  and local law, and who agrees that no person shall, on the 
413  grounds of disability handicap, race, color, or national origin, 
414  or for any other reason, be subjected to discrimination under 
415  any program or activity for which the provider receives payment 
416  from the agency. 
417         (1) Each provider agreement must shall require the provider 
418  to comply fully with all state and federal laws pertaining to 
419  the Medicaid program, as well as all federal, state, and local 
420  laws pertaining to licensure, if required, and the practice of 
421  any of the healing arts, and shall require the provider to 
422  provide services or goods of not less than the scope and quality 
423  it provides to the general public. 
424         (2) Each provider agreement must shall be a voluntary 
425  contract between the agency and the provider, in which the 
426  provider agrees to comply with all laws and rules pertaining to 
427  the Medicaid program when furnishing a service or goods to a 
428  Medicaid recipient and the agency agrees to pay a sum, 
429  determined by fee schedule, payment methodology, or other 
430  manner, for the service or goods provided to the Medicaid 
431  recipient. Each provider agreement must shall be effective for a 
432  stipulated period of time, shall be terminable by either party 
433  after reasonable notice, and shall be renewable by mutual 
434  agreement. 
435         (3) The provider agreement developed by the agency, in 
436  addition to the requirements specified in subsections (1) and 
437  (2), must shall require the provider to: 
438         (a) Have in its possession at the time of signing the 
439  provider agreement, and maintain in good standing throughout the 
440  period of the agreement’s effectiveness, a valid professional or 
441  facility license pertinent to the services or goods being 
442  provided, as required by the state or locality in which the 
443  provider is located, and the Federal Government, if applicable. 
444         (b) Maintain in a systematic and orderly manner all medical 
445  and Medicaid-related records that the agency requires and 
446  determines are relevant to the services or goods being provided. 
447         (c) Retain all medical and Medicaid-related records for a 
448  period of 5 years to satisfy all necessary inquiries by the 
449  agency. 
450         (d) Safeguard the use and disclosure of information 
451  pertaining to current or former Medicaid recipients and comply 
452  with all state and federal laws pertaining to confidentiality of 
453  patient information. 
454         (e) Permit the agency, the Attorney General, the Federal 
455  Government, and the authorized agents of each of these entities 
456  access to all Medicaid-related information, which may be in the 
457  form of records, logs, documents, or computer files, and other 
458  information pertaining to services or goods billed to the 
459  Medicaid program, including access to all patient records and 
460  other provider information if the provider cannot easily 
461  separate records for Medicaid patients from other records. 
462         (f) Bill other insurers and third parties, including the 
463  Medicare program, before billing the Medicaid program, if the 
464  recipient is eligible for payment for health care or related 
465  services from another insurer or person, and comply with all 
466  other state and federal requirements in this regard. 
467         (g) Promptly report any moneys received in error or in 
468  excess of the amount to which the provider is entitled from the 
469  Medicaid program, and promptly refund such moneys to the agency. 
470         (h) Be liable for and indemnify, defend, and hold the 
471  agency harmless from all claims, suits, judgments, or damages, 
472  including court costs and attorney’s fees, arising out of the 
473  negligence or omissions of the provider in the course of 
474  providing services to a recipient or a person believed to be a 
475  recipient. 
476         (i) At the option of the agency, provide proof of liability 
477  insurance and maintain such insurance in effect for any period 
478  during which services or goods are furnished to Medicaid 
479  recipients. 
480         (j) Accept Medicaid payment as payment in full, and 
481  prohibit the provider from billing or collecting from the 
482  recipient or the recipient’s responsible party any additional 
483  amount except, and only to the extent the agency permits or 
484  requires, copayments, coinsurance, or deductibles to be paid by 
485  the recipient for the services or goods provided. The Medicaid 
486  payment-in-full policy does not apply to services or goods 
487  provided to a recipient if the services or goods are not covered 
488  by the Medicaid program. 
489         (4) A provider agreement must shall provide that, if the 
490  provider sells or transfers a business interest or practice that 
491  substantially constitutes the entity named as the provider in 
492  the provider agreement, or sells or transfers a facility that is 
493  of substantial importance to the entity named as the provider in 
494  the provider agreement, the provider must is required to 
495  maintain and make available to the agency Medicaid-related 
496  records that relate to the sale or transfer of the business 
497  interest, practice, or facility in the same manner as though the 
498  sale or transaction had not taken place, unless the provider 
499  enters into an agreement with the purchaser of the business 
500  interest, practice, or facility to fulfill this requirement. 
501         (5) The agency: 
502         (a) Shall Is required to make timely payment at the 
503  established rate for services or goods furnished to a recipient 
504  by the provider upon receipt of a properly completed claim form. 
505  The claim form must shall require certification that the 
506  services or goods have been completely furnished to the 
507  recipient and that, with the exception of those services or 
508  goods specified by the agency, the amount billed does not exceed 
509  the provider’s usual and customary charge for the same services 
510  or goods. 
511         (b) Is prohibited from demanding repayment from the 
512  provider in any instance in which the Medicaid overpayment is 
513  attributable to error of the department in determining the 
514  determination of eligibility of a recipient. 
515         (c) May adopt, and include in the provider agreement, such 
516  other requirements and stipulations on either party as the 
517  agency finds necessary to properly and efficiently administer 
518  the Medicaid program. 
519         (6) A Medicaid provider agreement may be revoked, at the 
520  option of the agency, as the result of a change of ownership of 
521  any facility, association, partnership, or other entity named as 
522  the provider in the provider agreement. 
523         (a) If there is In the event of a change of ownership, the 
524  transferor remains liable for all outstanding overpayments, 
525  administrative fines, and any other moneys owed to the agency 
526  before the effective date of the change of ownership. In 
527  addition to the continuing liability of the transferor, the 
528  transferee is liable to the agency for all outstanding 
529  overpayments identified by the agency on or before the effective 
530  date of the change of ownership. For purposes of this 
531  subsection, the term “outstanding overpayment” includes any 
532  amount identified in a preliminary audit report issued to the 
533  transferor by the agency on or before the effective date of the 
534  change of ownership. If In the event of a change of ownership is 
535  for a skilled nursing facility or intermediate care facility, 
536  the Medicaid provider agreement shall be assigned to the 
537  transferee if the transferee meets all other Medicaid provider 
538  qualifications. If In the event of a change of ownership 
539  involves involving a skilled nursing facility licensed under 
540  part II of chapter 400, liability for all outstanding 
541  overpayments, administrative fines, and any moneys owed to the 
542  agency before the effective date of the change of ownership 
543  shall be determined in accordance with s. 400.179. 
544         (b) At least 60 days before the anticipated date of the 
545  change of ownership, the transferor shall notify the agency of 
546  the intended change of ownership and the transferee shall submit 
547  to the agency a Medicaid provider enrollment application. If a 
548  change of ownership occurs without compliance with the notice 
549  requirements of this subsection, the transferor and transferee 
550  are shall be jointly and severally liable for all overpayments, 
551  administrative fines, and other moneys due to the agency, 
552  regardless of whether the agency identified the overpayments, 
553  administrative fines, or other moneys before or after the 
554  effective date of the change of ownership. The agency may not 
555  approve a transferee’s Medicaid provider enrollment application 
556  if the transferee or transferor has not paid or agreed in 
557  writing to a payment plan for all outstanding overpayments, 
558  administrative fines, and other moneys due to the agency. This 
559  subsection does not preclude the agency from seeking any other 
560  legal or equitable remedies available to the agency for the 
561  recovery of moneys owed to the Medicaid program. If In the event 
562  of a change of ownership involves involving a skilled nursing 
563  facility licensed under part II of chapter 400, liability for 
564  all outstanding overpayments, administrative fines, and any 
565  moneys owed to the agency before the effective date of the 
566  change of ownership shall be determined in accordance with s. 
567  400.179 if the Medicaid provider enrollment application for 
568  change of ownership is submitted before the change of ownership. 
569         (7) The agency may require, as a condition of participating 
570  in the Medicaid program and before entering into the provider 
571  agreement, that the provider submit information, in an initial 
572  and any required renewal applications, concerning the 
573  professional, business, and personal background of the provider 
574  and permit an onsite inspection of the provider’s service 
575  location by agency staff or other personnel designated by the 
576  agency to perform this function. The agency shall perform a 
577  random onsite inspection, within 60 days after receipt of a 
578  fully complete new provider’s application, of the provider’s 
579  service location before prior to making its first payment to the 
580  provider for Medicaid services to determine the applicant’s 
581  ability to provide the services that the applicant is proposing 
582  to provide for Medicaid reimbursement. The agency is not 
583  required to perform an onsite inspection of a provider or 
584  program that is licensed by the agency, that provides services 
585  under waiver programs for home and community-based services, or 
586  that is licensed as a medical foster home by the Department of 
587  Children and Family Services. As a continuing condition of 
588  participation in the Medicaid program, a provider shall 
589  immediately notify the agency of any current or pending 
590  bankruptcy filing. Before entering into the provider agreement, 
591  or as a condition of continuing participation in the Medicaid 
592  program, the agency may also require that Medicaid providers 
593  reimbursed on a fee-for-services basis or fee schedule basis 
594  that which is not cost-based, post a surety bond not to exceed 
595  $50,000 or the total amount billed by the provider to the 
596  program during the current or most recent calendar year, 
597  whichever is greater. For new providers, the amount of the 
598  surety bond shall be determined by the agency based on the 
599  provider’s estimate of its first year’s billing. If the 
600  provider’s billing during the first year exceeds the bond 
601  amount, the agency may require the provider to acquire an 
602  additional bond equal to the actual billing level of the 
603  provider. A provider’s bond may shall not exceed $50,000 if a 
604  physician or group of physicians licensed under chapter 458, 
605  chapter 459, or chapter 460 has a 50 percent or greater 
606  ownership interest in the provider or if the provider is an 
607  assisted living facility licensed under chapter 429. The bonds 
608  permitted by this section are in addition to the bonds 
609  referenced in s. 400.179(2)(d). If the provider is a 
610  corporation, partnership, association, or other entity, the 
611  agency may require the provider to submit information concerning 
612  the background of that entity and of any principal of the 
613  entity, including any partner or shareholder having an ownership 
614  interest in the entity equal to 5 percent or greater, and any 
615  treating provider who participates in or intends to participate 
616  in Medicaid through the entity. The information must include: 
617         (a) Proof of holding a valid license or operating 
618  certificate, as applicable, if required by the state or local 
619  jurisdiction in which the provider is located or if required by 
620  the Federal Government. 
621         (b) Information concerning any prior violation, fine, 
622  suspension, termination, or other administrative action taken 
623  under the Medicaid laws, rules, or regulations of this state or 
624  of any other state or the Federal Government; any prior 
625  violation of the laws, rules, or regulations relating to the 
626  Medicare program; any prior violation of the rules or 
627  regulations of any other public or private insurer; and any 
628  prior violation of the laws, rules, or regulations of any 
629  regulatory body of this or any other state. 
630         (c) Full and accurate disclosure of any financial or 
631  ownership interest that the provider, or any principal, partner, 
632  or major shareholder thereof, may hold in any other Medicaid 
633  provider or health-care-related health care related entity or 
634  any other entity that is licensed by the state to provide health 
635  or residential care and treatment to persons. 
636         (d) If a group provider, identification of all members of 
637  the group and attestation that all members of the group are 
638  enrolled in or have applied to enroll in the Medicaid program. 
639         (8)(a) Each provider, or each principal of the provider if 
640  the provider is a corporation, partnership, association, or 
641  other entity, seeking to participate in the Medicaid program 
642  must submit a complete set of his or her fingerprints to the 
643  agency for the purpose of conducting a criminal history record 
644  check. Principals of the provider include any officer, director, 
645  billing agent, managing employee, or affiliated person, or any 
646  partner or shareholder who has an ownership interest equal to 5 
647  percent or more in the provider. However, a director of a not 
648  for-profit corporation or organization is not a principal for 
649  purposes of a background investigation as required by this 
650  section if the director: serves solely in a voluntary capacity 
651  for the corporation or organization, does not regularly take 
652  part in the day-to-day operational decisions of the corporation 
653  or organization, does not receive receives no remuneration from 
654  the not-for-profit corporation or organization for his or her 
655  service on the board of directors, does not have any has no 
656  financial interest in the not-for-profit corporation or 
657  organization, and does not have any has no family members with a 
658  financial interest in the not-for-profit corporation or 
659  organization; and if the director submits an affidavit, under 
660  penalty of perjury, to this effect to the agency and the not 
661  for-profit corporation or organization submits an affidavit, 
662  under penalty of perjury, to this effect to the agency as part 
663  of the corporation’s or organization’s Medicaid provider 
664  agreement application. Notwithstanding the above, the agency may 
665  require a background check for any person reasonably suspected 
666  by the agency to have been convicted of a crime. 
667         (a) This subsection does shall not apply to: 
668         1. A hospital licensed under chapter 395; 
669         2. A nursing home licensed under chapter 400; 
670         3. A hospice licensed under chapter 400; 
671         4. An assisted living facility licensed under chapter 429; 
672         5. A unit of local government, except that requirements of 
673  this subsection applies apply to nongovernmental providers and 
674  entities when contracting with the local government to provide 
675  Medicaid services. The actual cost of the state and national 
676  criminal history record checks must be borne by the 
677  nongovernmental provider or entity; or 
678         6. Any business that derives more than 50 percent of its 
679  revenue from the sale of goods to the final consumer, and the 
680  business or its controlling parent must either is required to 
681  file a form 10-K or other similar statement with the Securities 
682  and Exchange Commission or have has a net worth of $50 million 
683  or more. 
684         (b) The agency shall submit the fingerprints to the 
685  Department of Law Enforcement. The department shall conduct a 
686  state criminal-background investigation and forward the 
687  fingerprints to the Federal Bureau of Investigation for a 
688  national criminal-history record check. The cost of the state 
689  and national criminal record check shall be borne by the 
690  provider. 
691         (c) The agency may permit a provider to participate in the 
692  Medicaid program pending the results of the criminal record 
693  check. However, such permission is fully revocable if the record 
694  check reveals any crime-related history as provided in 
695  subsection (10). 
696         (d) Proof of compliance with the requirements of level 2 
697  screening under s. 435.04 conducted within 12 months before 
698  prior to the date that the Medicaid provider application is 
699  submitted to the agency fulfils shall fulfill the requirements 
700  of this subsection. Proof of compliance with the requirements of 
701  level 1 screening under s. 435.03 conducted within 12 months 
702  before prior to the date that the Medicaid provider application 
703  is submitted to the agency meets shall meet the requirement that 
704  the Department of Law Enforcement conduct a state criminal 
705  history record check. 
706         (9) Upon receipt of a completed, signed, and dated 
707  application, and completion of any necessary background 
708  investigation and criminal history record check, the agency must 
709  either: 
710         (a) Enroll the applicant as a Medicaid provider upon 
711  approval of the provider application. The enrollment effective 
712  date is shall be the date the agency receives the provider 
713  application. If the With respect to a provider that requires a 
714  Medicare certification survey, the enrollment effective date is 
715  the date the certification is awarded. If the With respect to a 
716  provider that completes a change of ownership, the effective 
717  date is the date the agency received the application, the date 
718  the change of ownership was complete, or the date the applicant 
719  became eligible to provide services under Medicaid, whichever 
720  date is later. For a With respect to a provider of emergency 
721  medical services transportation or emergency services and care, 
722  the effective date is the date the services were rendered. 
723  Payment for any claims for services provided to Medicaid 
724  recipients between the date of receipt of the application and 
725  the date of approval is contingent on applying any and all 
726  applicable audits and edits contained in the agency’s claims 
727  adjudication and payment processing systems. The agency may 
728  enroll a provider located outside the state of Florida if the 
729  provider’s location is within no more than 50 miles of from the 
730  Florida state line, or the agency determines a need for that 
731  provider type to ensure adequate access to care; or 
732         (b) Deny the application if the agency finds that it is in 
733  the best interest of the Medicaid program to do so. The agency 
734  may consider the factors listed in subsection (10), as well as 
735  any other factor that could affect the effective and efficient 
736  administration of the program, including, but not limited to, 
737  the applicant’s demonstrated ability to provide services, 
738  conduct business, and operate a financially viable concern; the 
739  current availability of medical care, services, or supplies to 
740  recipients, taking into account geographic location and 
741  reasonable travel time; the number of providers of the same type 
742  already enrolled in the same geographic area; and the 
743  credentials, experience, success, and patient outcomes of the 
744  provider for the services that it is making application to 
745  provide in the Medicaid program. The agency shall deny the 
746  application if the agency finds that a provider; any officer, 
747  director, agent, managing employee, or affiliated person; or any 
748  partner or shareholder having an ownership interest equal to 5 
749  percent or greater in the provider if the provider is a 
750  corporation, partnership, or other business entity, has failed 
751  to pay all outstanding fines or overpayments assessed by final 
752  order of the agency or final order of the Centers for Medicare 
753  and Medicaid Services, not subject to further appeal, unless the 
754  provider agrees to a repayment plan that includes withholding 
755  Medicaid reimbursement until the amount due is paid in full. 
756         (10) The agency may consider whether the provider, or any 
757  officer, director, agent, managing employee, or affiliated 
758  person, or any partner or shareholder having an ownership 
759  interest equal to 5 percent or greater in the provider if the 
760  provider is a corporation, partnership, or other business 
761  entity, has: 
762         (a) Made a false representation or omission of any material 
763  fact in making the application, including the submission of an 
764  application that conceals the controlling or ownership interest 
765  of any officer, director, agent, managing employee, affiliated 
766  person, or partner or shareholder who may not be eligible to 
767  participate; 
768         (b) Been or is currently excluded, suspended, terminated 
769  from, or has involuntarily withdrawn from participation in, 
770  Florida’s Medicaid program or any other state’s Medicaid 
771  program, or from participation in any other governmental or 
772  private health care or health insurance program; 
773         (c) Been convicted of a criminal offense relating to the 
774  delivery of any goods or services under Medicaid or Medicare or 
775  any other public or private health care or health insurance 
776  program including the performance of management or 
777  administrative services relating to the delivery of goods or 
778  services under any such program; 
779         (d) Been convicted under federal or state law of a criminal 
780  offense related to the neglect or abuse of a patient in 
781  connection with the delivery of any health care goods or 
782  services; 
783         (e) Been convicted under federal or state law of a criminal 
784  offense relating to the unlawful manufacture, distribution, 
785  prescription, or dispensing of a controlled substance; 
786         (f) Been convicted of any criminal offense relating to 
787  fraud, theft, embezzlement, breach of fiduciary responsibility, 
788  or other financial misconduct; 
789         (g) Been convicted under federal or state law of a crime 
790  punishable by imprisonment of a year or more which involves 
791  moral turpitude; 
792         (h) Been convicted in connection with the interference or 
793  obstruction of any investigation into any criminal offense 
794  listed in this subsection; 
795         (i) Been found to have violated federal or state laws, 
796  rules, or regulations governing this Florida’s Medicaid program 
797  or any other state’s Medicaid program, the Medicare program, or 
798  any other publicly funded federal or state health care or health 
799  insurance program, and been sanctioned accordingly; 
800         (j) Been previously found by a licensing, certifying, or 
801  professional standards board or agency to have violated the 
802  standards or conditions relating to licensure or certification 
803  or the quality of services provided; or 
804         (k) Failed to pay any fine or overpayment properly assessed 
805  under the Medicaid program in which no appeal is pending or 
806  after resolution of the proceeding by stipulation or agreement, 
807  unless the agency has issued a specific letter of forgiveness or 
808  has approved a repayment schedule to which the provider agrees 
809  to adhere. 
810         (11) Before signing a provider agreement and at the 
811  discretion of the agency, other provisions of this section 
812  notwithstanding, an entity may become eligible to receive 
813  payment from the Medicaid program at the time it first furnishes 
814  services or goods, if: 
815         (a) The services or goods provided are otherwise 
816  compensable; 
817         (b) The entity meets all other requirements of a Medicaid 
818  provider at the time the services or goods were provided; and 
819         (c) The entity agrees to abide by the provisions of the 
820  provider agreement effective from the date the services or goods 
821  were provided. 
822         (12) Licensed, certified, or otherwise qualified providers 
823  are not entitled to enrollment in a Medicaid provider network. 
824         Section 15. Paragraph (b) of subsection (9) of section 
825  414.095, Florida Statutes, is amended to read: 
826         414.095 Determining eligibility for temporary cash 
827  assistance.— 
828         (9) OPPORTUNITIES AND OBLIGATIONS.—An applicant for 
829  temporary cash assistance has the following opportunities and 
830  obligations: 
831         (b) To have eligibility determined without discrimination 
832  based on race, color, sex, age, marital status, disability 
833  handicap, religion, national origin, or political beliefs. 
834         Section 16. Paragraph (d) of subsection (1) of section 
835  419.001, Florida Statutes, is amended to read: 
836         419.001 Site selection of community residential homes.— 
837         (1) For the purposes of this section, the following 
838  definitions shall apply: 
839         (d) “Resident” means any of the following: a frail elder as 
840  defined in s. 429.65; a person who has a disability physically 
841  disabled or handicapped person as defined in s. 760.22(7)(a); a 
842  developmentally disabled person who has a developmental 
843  disability as defined in s. 393.063; a nondangerous mentally ill 
844  person who has a mental illness as defined in s. 394.455 as 
845  defined in s. 394.455(18); or a child who is found to be 
846  dependent as defined in s. 39.01 or s. 984.03, or a child in 
847  need of services as defined in s. 984.03 or s. 985.03. 
848         Section 17. Subsection (8) of section 420.624, Florida 
849  Statutes, is amended to read: 
850         420.624 Local homeless assistance continuum of care.— 
851         (8) Continuum of care plans must promote participation by 
852  all interested individuals and organizations and may not exclude 
853  individuals and organizations on the basis of race, color, 
854  national origin, sex, disability handicap, familial status, or 
855  religion. Faith-based organizations must be encouraged to 
856  participate. To the extent possible, these components should be 
857  coordinated and integrated with other mainstream health, social 
858  services, and employment programs for which homeless populations 
859  may be eligible, including Medicaid, State Children’s Health 
860  Insurance Program, Temporary Assistance for Needy Families, Food 
861  Stamps, and services funded through the Mental Health and 
862  Substance Abuse Block Grant, the Workforce Investment Act, and 
863  the welfare-to-work grant program. 
864         Section 18. Paragraph (c) of subsection (4) of section 
865  420.9075, Florida Statutes, is amended to read: 
866         420.9075 Local housing assistance plans; partnerships.— 
867         (4) Each local housing assistance plan is governed by the 
868  following criteria and administrative procedures: 
869         (c) In accordance with the Fair Housing Act under part II 
870  of chapter 760 provisions of ss. 760.20-760.37, it is unlawful 
871  to discriminate on the basis of race, creed, religion, color, 
872  age, sex, marital status, familial status, national origin, or 
873  disability handicap in the award application process for 
874  eligible housing. 
875         Section 19. Subsection (1) of section 440.02, Florida 
876  Statutes, is amended to read: 
877         440.02 Definitions.—When used in this chapter, unless the 
878  context clearly requires otherwise, the following terms shall 
879  have the following meanings: 
880         (1) “Accident” means only an unexpected or unusual event or 
881  result that happens suddenly. Disability or death due to the 
882  accidental acceleration or aggravation of a venereal disease or 
883  of a disease due to the habitual use of alcohol or controlled 
884  substances or narcotic drugs, or a disease that manifests itself 
885  in the fear of or dislike for an individual because of the 
886  individual’s race, color, religion, sex, national origin, age, 
887  or disability handicap is not an injury by accident arising out 
888  of the employment. Subject to s. 440.15(5), if a preexisting 
889  disease or anomaly is accelerated or aggravated by an accident 
890  arising out of and in the course of employment, only 
891  acceleration of death or acceleration or aggravation of the 
892  preexisting condition reasonably attributable to the accident is 
893  compensable, with respect to any compensation otherwise payable 
894  under this chapter. An injury or disease caused by exposure to a 
895  toxic substance, including, but not limited to, fungus or mold, 
896  is not an injury by accident arising out of the employment 
897  unless there is clear and convincing evidence establishing that 
898  exposure to the specific substance involved, at the levels to 
899  which the employee was exposed, can cause the injury or disease 
900  sustained by the employee. 
901         Section 20. Subsection (1) of section 562.51, Florida 
902  Statutes, is amended to read: 
903         562.51 Retail alcoholic beverage establishments; rights as 
904  private enterprise.—A licensed retail alcoholic beverage 
905  establishment open to the public is a private enterprise and: 
906         (1) May refuse service to any person who is objectionable 
907  or undesirable to the licensee, but such refusal of service may 
908  shall not be on the basis of race, creed, color, religion, sex, 
909  national origin, marital status, or physical disability 
910  handicap. 
911         Section 21. Paragraph (d) of subsection (1) of section 
912  636.009, Florida Statutes, is amended to read: 
913         636.009 Issuance of certificate of authority; denial.— 
914         (1) Following receipt of an application filed pursuant to 
915  s. 636.008, the office shall review such application and notify 
916  the applicant of any deficiencies contained therein. The office 
917  shall issue a certificate of authority to an applicant who has 
918  filed a completed application in conformity with s. 636.008, 
919  upon payment of the fees specified by s. 636.057 and upon the 
920  office being satisfied that the following conditions are met: 
921         (d) The procedures for offering limited health services and 
922  offering and terminating contracts to subscribers do will not 
923  unfairly discriminate on the basis of age, sex, race, disability 
924  handicap, health, or economic status. However, this paragraph 
925  does not prohibit reasonable underwriting classifications for 
926  the purposes of establishing contract rates, nor does it 
927  prohibit prospective experience rating. 
928         Section 22. Section 636.022, Florida Statutes, is amended 
929  to read: 
930         636.022 Restrictions upon expulsion or refusal to issue or 
931  renew contract.—A prepaid limited health service organization 
932  may not expel or refuse to renew the coverage of or refuse to 
933  enroll any individual member of a subscriber group on the basis 
934  of the race, color, creed, disability handicap, marital status, 
935  sex, or national origin of the subscriber or individual. A 
936  prepaid limited health service organization may not expel or 
937  refuse to renew the coverage of any individual member of a 
938  subscriber group on the basis of the age or health status of the 
939  subscriber or individual. For group solicitations, a prepaid 
940  limited health service organization may preunderwrite to 
941  determine group acceptability. However, once a contract is 
942  issued, a prepaid limited health service organization must 
943  provide coverage to all existing enrollees and their dependents, 
944  and newly employed enrollees and their dependents who have 
945  enrolled within 30 days after of eligibility or membership. Late 
946  enrollees who apply during other than an open enrollment period 
947  may be subject to evidence of insurability requirements of the 
948  prepaid limited health service organization. Nothing in This 
949  section does not prohibit prohibits a prepaid limited health 
950  service organization from requiring that, as a condition of 
951  continued eligibility for membership, dependents of a subscriber 
952  upon reaching a specified age convert to a converted contract. 
953  Coverage must continue to be provided to disabled handicapped 
954  children who are incapable of self-sustaining employment by 
955  reason of mental or physical disability handicap, and 
956  substantially dependent upon the enrollee for support and 
957  maintenance. 
958         Section 23. Section 760.01, Florida Statutes, is amended to 
959  read: 
960         760.01 Purposes; construction; title.— 
961         (1) This part may Sections 760.01-760.11 and 509.092 shall 
962  be cited as the “Florida Civil Rights Act of 1992.” 
963         (2) The general purposes of the Florida Civil Rights Act of 
964  1992 are to secure for all individuals within the state freedom 
965  from discrimination because of race, color, religion, sex, 
966  national origin, age, disability handicap, or marital status and 
967  thereby to protect their interest in personal dignity, to make 
968  available to the state their full productive capacities, to 
969  secure the state against domestic strife and unrest, to preserve 
970  the public safety, health, and general welfare, and to promote 
971  the interests, rights, and privileges of individuals within the 
972  state. 
973         (3) The Florida Civil Rights Act of 1992 shall be construed 
974  according to the fair import of its terms and shall be liberally 
975  construed to further the general purposes stated in this section 
976  and the special purposes of the particular provision involved. 
977         Section 24. Section 760.02, Florida Statutes, is amended 
978  and reordered to read: 
979         760.02 Definitions.—For the purposes of this part ss. 
980  760.01-760.11 and s. 509.092, the term: 
981         (8)(1) “Florida Civil Rights Act of 1992” means the 
982  provisions of this part and s. ss. 760.01-760.11 and 509.092. 
983         (2) “Commission” means the Florida Commission on Human 
984  Relations created by s. 760.03. 
985         (3) “Commissioner” or “member” means a member of the 
986  commission. 
987         (4) “Disability” with respect to an individual, means: 
988         (a) A physical or mental impairment that substantially 
989  limits one or more of the major life activities of the 
990  individual; 
991         (b) A record of such impairment; 
992         (c) Being regarded as having such an impairment; or 
993         (d) Having a developmental disability as defined in s. 
994  393.063. 
995         (5)(4) “Discriminatory practice” means any practice made 
996  unlawful by the Florida Civil Rights Act of 1992. 
997         (11)(5) “National origin” includes ancestry. 
998         (12)(6) “Person” includes an individual, association, 
999  corporation, joint apprenticeship committee, joint-stock 
1000  company, labor union, legal representative, mutual company, 
1001  partnership, receiver, trust, trustee in bankruptcy, or 
1002  unincorporated organization; any other legal or commercial 
1003  entity; the state; or any governmental entity or agency. 
1004         (6)(7) “Employer” means any person employing 15 or more 
1005  employees for each working day in each of 20 or more calendar 
1006  weeks in the current or preceding calendar year, and any agent 
1007  of such a person. 
1008         (7)(8) “Employment agency” means any person regularly 
1009  undertaking, with or without compensation, to procure employees 
1010  for an employer or to procure for employees opportunities to 
1011  work for an employer, and includes an agent of such a person. 
1012         (9) “Labor organization” means any organization that which 
1013  exists for the purpose, in whole or in part, of collective 
1014  bargaining or of dealing with employers concerning grievances, 
1015  terms or conditions of employment, or other mutual aid or 
1016  protection in connection with employment. 
1017         (10) “Major life activities” includes, but is not limited 
1018  to: 
1019         (a) Caring for one’s self, performing manual tasks, and 
1020  functioning in a workplace environment. 
1021         (b) Major bodily functions, including, but not limited to, 
1022  visual, auditory, aural, and cognitive functions; functions of 
1023  the immune, digestive, neurological, respiratory, circulatory, 
1024  endocrine, and reproductive systems; normal cell growth; and 
1025  functions of the bowel, bladder, and brain. 
1026         (1)(10) “Aggrieved person” means any person who files a 
1027  complaint with the Human Relations commission. 
1028         (13)(11) “Public accommodations” means places of public 
1029  accommodation, lodgings, facilities principally engaged in 
1030  selling food for consumption on the premises, gasoline stations, 
1031  places of exhibition or entertainment, and other covered 
1032  establishments. The term includes Each of the following 
1033  establishments which serves the public is a place of public 
1034  accommodation within the meaning of this section: 
1035         (a) An Any inn, hotel, motel, or other establishment that 
1036  which provides lodging to transient guests, other than an 
1037  establishment located within a building having which contains 
1038  not more than four or fewer rooms for rent or hire and which is 
1039  actually occupied by the proprietor of such establishment as his 
1040  or her residence. 
1041         (b) A Any restaurant, cafeteria, lunchroom, lunch counter, 
1042  soda fountain, or other facility principally engaged in selling 
1043  food for consumption on the premises, including, but not limited 
1044  to, any such facility located on the premises of any retail 
1045  establishment, or any gasoline station. 
1046         (c) A Any motion picture theater, theater, concert hall, 
1047  sports arena, stadium, or other place of exhibition or 
1048  entertainment. 
1049         (d) An Any establishment that which is physically located 
1050  within the premises of an any establishment otherwise covered by 
1051  this subsection, or within the premises of which is physically 
1052  located any such covered establishment, and which holds itself 
1053  out as serving patrons of such covered establishment. 
1054 
1055  The term does not include lodge halls or other similar 
1056  facilities of private organizations which are made available for 
1057  public use occasionally or periodically. 
1058         (14) “Substantially limits” means to materially restrict an 
1059  individual’s ability. 
1060         (15) “Transitory or minor impairment” means an impairment 
1061  having an actual, apparent, or expected duration of 6 months or 
1062  less. 
1063         Section 25. Section 760.025, Florida Statutes, is created 
1064  to read: 
1065         760.025 Impairment.—For purposes of this part, an 
1066  individual who has been subjected to an action prohibited under 
1067  this chapter because of an actual or perceived physical or 
1068  mental impairment, regardless of whether the impairment limits 
1069  or is perceived to limit a major life activity, has an 
1070  impairment. An impairment that limits one major life activity 
1071  may be considered a disability; however, a transitory or minor 
1072  impairment may not be considered a disability. An impairment 
1073  that is episodic or in remission is considered to be a 
1074  disability if it substantially limits at least one major life 
1075  activity when the impairment is active or not in remission. The 
1076  determination of whether an impairment substantially limits at 
1077  least one major life activity must be made without regard to the 
1078  ameliorative effects of mitigating measures, such as medication; 
1079  medical supplies; equipment or appliances; low-vision devices, 
1080  not including ordinary eyeglasses or contact lenses; 
1081  prosthetics, including artificial limbs and devices, hearing 
1082  aids and cochlear implants or other implantable hearing devices, 
1083  and mobility devices; oxygen therapy equipment and supplies; use 
1084  of assistive technology; reasonable accommodations or auxiliary 
1085  aids or services, including qualified interpreters or other 
1086  effective measures of making aurally delivered materials 
1087  available to individuals with hearing impairments; qualified 
1088  readers; taped texts or other effective methods of making 
1089  visually delivered materials available to individuals with 
1090  visual impairments; acquisition or modification of equipment and 
1091  devices and other similar services and actions; or learned 
1092  behavioral or adaptive neurological modifications. 
1093         Section 26. Section 760.03, Florida Statutes, is amended to 
1094  read: 
1095         760.03 Commission on Human Relations; staff.— 
1096         (1) There is hereby created The Florida Commission on Human 
1097  Relations is created. 
1098         (1) The commission shall be composed, comprised of 12 
1099  members appointed by the Governor, subject to confirmation by 
1100  the Senate. The commission shall select one of its members to 
1101  serve as chairperson for terms of 2 years. 
1102         (2) The members of the commission must be broadly 
1103  representative of various racial, religious, ethnic, social, 
1104  economic, political, and professional groups within the state; 
1105  and at least one member of the commission must be 60 years of 
1106  age or older. 
1107         (3) Commissioners shall be appointed for terms of 4 years. 
1108  A member chosen to fill a vacancy otherwise than by expiration 
1109  of term shall be appointed for the unexpired term of the member 
1110  whom such appointee is to succeed. A member of the commission is 
1111  shall be eligible for reappointment. A vacancy in the commission 
1112  does shall not impair the right of the remaining members to 
1113  exercise the powers of the commission. 
1114         (4) The Governor may suspend a member of the commission 
1115  only for cause, subject to removal or reinstatement by the 
1116  Senate. 
1117         (5) Seven members shall constitute a quorum for the conduct 
1118  of business; however, the commission may establish panels of not 
1119  fewer less than three of its members to exercise its powers 
1120  under the Florida Civil Rights act of 1992, subject to such 
1121  procedures and limitations as the commission may provide by 
1122  rule. 
1123         (6) Each commissioner shall be compensated at the rate of 
1124  $50 per day for each day of actual attendance to commission 
1125  duties and is shall be entitled to receive per diem and travel 
1126  expenses as provided by s. 112.061. 
1127         (7) The commission shall appoint, and may remove, an 
1128  executive director who, with the consent of the commission, may 
1129  employ a deputy, attorneys, investigators, clerks, and such 
1130  other personnel as may be necessary to adequately to perform the 
1131  functions of the commission, within budgetary limitations. 
1132         (8) The commission may delegate any of its functions, 
1133  duties, and powers to its employees, including investigating, 
1134  conciliating, hearing, determining, ordering, certifying, 
1135  reporting, or otherwise acting as to any work, business, or 
1136  matter under the act. 
1137         Section 27. Section 760.04, Florida Statutes, is amended to 
1138  read: 
1139         760.04 Commission on Human Relations, assigned to 
1140  Department of Management Services.—The commission created by s. 
1141  760.03 is assigned to the Department of Management Services. The 
1142  commission, in the performance of its duties pursuant to the 
1143  Florida Civil Rights Act of 1992, is shall not be subject to 
1144  control, supervision, or direction by the department of 
1145  Management Services. 
1146         Section 28. Section 760.05, Florida Statutes, is amended to 
1147  read: 
1148         760.05 Functions of the commission.—The commission shall 
1149  administer the Florida Civil Rights Act. In carrying out this 
1150  function, the commission shall promote and encourage fair 
1151  treatment and equal opportunity for all persons, regardless of 
1152  race, color, religion, sex, national origin, age, disability 
1153  handicap, or marital status, and mutual understanding and 
1154  respect among all members of all economic, social, racial, 
1155  religious, and ethnic groups; and shall endeavor to eliminate 
1156  discrimination against, and antagonism between, religious, 
1157  racial, and ethnic groups and their members. 
1158         Section 29. Section 760.06, Florida Statutes, is amended to 
1159  read: 
1160         760.06 Powers of the commission.—Within the limitations 
1161  provided by law, the commission shall have the following powers: 
1162         (1) To Maintain offices in the State of Florida. 
1163         (2) To Meet and exercise its powers at any place within the 
1164  state. 
1165         (3) To Promote the creation of, and to provide continuing 
1166  technical assistance to, local commissions on human relations 
1167  and to cooperate with individuals and state, local, and other 
1168  agencies, both public and private, including agencies of the 
1169  Federal Government and of other states. 
1170         (4) To Accept gifts, bequests, grants, or other payments, 
1171  public or private, to help finance its activities. 
1172         (5) To Receive, initiate, investigate, seek to conciliate, 
1173  hold hearings on, and act upon complaints alleging any 
1174  discriminatory practice, as defined by the Florida Civil Rights 
1175  Act of 1992. 
1176         (6) To Issue subpoenas for, administer oaths or 
1177  affirmations to and compel the attendance and testimony of 
1178  witnesses; or to issue subpoenas for and compel the production 
1179  of books, papers, records, documents, and other evidence 
1180  pertaining to any investigation or hearing convened pursuant to 
1181  the powers of the commission; or use any other method of 
1182  discovery authorized by the Florida Rules of Civil Procedure. In 
1183  conducting an investigation, the commission and its 
1184  investigators shall have access at all reasonable times to 
1185  premises, records, documents, and other evidence or possible 
1186  sources of evidence, and may examine, record, and copy such 
1187  materials and take and record the testimony or statements of 
1188  such persons as are reasonably necessary for the furtherance of 
1189  the investigation. The authority to issue subpoenas and 
1190  administer oaths may be delegated by the commission, for 
1191  investigations or hearings, to a commissioner or the executive 
1192  director. If any person refuses In the case of a refusal to obey 
1193  a subpoena or other method of discovery issued to any person, 
1194  the commission may make application to any circuit court of this 
1195  state, which may shall have jurisdiction to order such person 
1196  the witness to appear before the commission to give testimony 
1197  and to produce evidence concerning the matter in question. 
1198  Failure to obey the court’s order may be punished by the court 
1199  as contempt. If the court enters an order holding a person in 
1200  contempt or compelling the person to comply with the 
1201  commission’s order or subpoena, the court shall order the person 
1202  to pay the commission reasonable expenses, including reasonable 
1203  attorneys’ fees, accrued by the commission in obtaining the 
1204  court order from the court. 
1205         (7) To Recommend methods for elimination of discrimination 
1206  and intergroup tensions and to use its best efforts to secure 
1207  compliance with its recommendations. 
1208         (8) To Furnish technical assistance to employees, 
1209  employers, community leaders, educational institutions, 
1210  individuals, and other private and public entities in order 
1211  requested by persons to facilitate progress in human relations. 
1212         (9) To Make or arrange for studies appropriate to 
1213  effectuate the purposes and policies of the Florida Civil Rights 
1214  Act of 1992 and to make the results thereof available to the 
1215  public. 
1216         (10) To Become a deferral agency for the Federal Government 
1217  and to comply with the necessary federal regulations to effect 
1218  the Florida Civil Rights Act of 1992. 
1219         (11) To Render, at least annually, a comprehensive written 
1220  report to the Governor and the Legislature. The report may 
1221  contain recommendations of the commission for legislation or 
1222  other action to effectuate the purposes and policies of the 
1223  Florida Civil Rights Act of 1992. 
1224         (12) To Adopt, promulgate, amend, and rescind rules to 
1225  effectuate the purposes and policies of the Florida Civil Rights 
1226  Act of 1992 and govern the proceedings of the commission, in 
1227  accordance with chapter 120. 
1228         (13) To Receive complaints and coordinate all activities as 
1229  required by the Whistle-blower’s Act pursuant to ss. 112.3187 
1230  112.31895. 
1231         (14) Assess costs incurred and charge reasonable fees for 
1232  products or services provided by the commission. 
1233         Section 30. Section 760.07, Florida Statutes, is amended to 
1234  read: 
1235         760.07 Remedies for unlawful discrimination.—Any violation 
1236  of a state law prohibiting any Florida statute making unlawful 
1237  discrimination because of race, color, religion, sex gender, 
1238  national origin, age, disability handicap, or marital status in 
1239  the areas of education, employment, housing, or public 
1240  accommodations gives rise to a cause of action for all relief 
1241  and damages described in s. 760.11(5), unless greater damages 
1242  are expressly provided for. If the statute prohibiting unlawful 
1243  discrimination provides an administrative remedy, the action for 
1244  equitable relief and damages provided for in this section may be 
1245  initiated only after the plaintiff has exhausted his or her 
1246  administrative remedy. The term “public accommodations” does not 
1247  include lodge halls or other similar facilities of private 
1248  organizations which are made available for public use 
1249  occasionally or periodically. The right to trial by jury is 
1250  preserved in any case in which the plaintiff is seeking actual 
1251  or punitive damages. 
1252         Section 31. Section 760.08, Florida Statutes, is amended to 
1253  read: 
1254         760.08 Discrimination in places of public accommodation. 
1255  All persons are shall be entitled to the full and equal 
1256  enjoyment of the goods, services, facilities, privileges, 
1257  advantages, and accommodations of any place of public 
1258  accommodation, as defined in this chapter, without 
1259  discrimination or segregation on the ground of race, color, 
1260  religion, sex, national origin, age, disability sex, handicap, 
1261  or marital status familial status, or religion. 
1262         Section 32. Section 760.10, Florida Statutes, is amended to 
1263  read: 
1264         760.10 Unlawful employment practices.— 
1265         (1) It is an unlawful employment practice for an employer 
1266  to: 
1267         (a) To Discharge or to fail or refuse to hire any 
1268  individual, or otherwise to discriminate against any individual 
1269  with respect to compensation, terms, conditions, or privileges 
1270  of employment, because of such individual’s race, color, 
1271  religion, sex, national origin, age, disability handicap, or 
1272  marital status. For purposes of this section, an unlawful 
1273  employment practice with respect to compensation occurs if a 
1274  discriminatory compensation decision or other practice is 
1275  adopted, if an individual becomes subject to a discriminatory 
1276  compensation decision or other practice, or if an individual is 
1277  affected by the application of a discriminatory compensation 
1278  decision or other practice, including each time that wages, 
1279  benefits, or other compensation are paid, as a result of, in 
1280  whole or in part, such a decision or other practice. In addition 
1281  to any relief authorized under s. 760.11, liability may accrue, 
1282  and an aggrieved person may obtain relief as provided in s. 
1283  760.11, including recovery of back pay for up to 2 years 
1284  preceding the filing of the charge, if the unlawful employment 
1285  practice that occurred during the filing period is similar or 
1286  related to the unlawful employment practice that occurred 
1287  outside the time for filing a charge. 
1288         (b) To Limit, segregate, or classify employees or 
1289  applicants for employment in any way that which would deprive or 
1290  tend to deprive any individual of employment opportunities, or 
1291  adversely affect any individual’s status as an employee, because 
1292  of such individual’s race, color, religion, sex, national 
1293  origin, age, disability handicap, or marital status. 
1294         (2) It is an unlawful employment practice for an employment 
1295  agency to fail or refuse to refer for employment, or otherwise 
1296  to discriminate against, any individual because of race, color, 
1297  religion, sex, national origin, age, disability handicap, or 
1298  marital status or to classify or refer for employment any 
1299  individual on the basis of race, color, religion, sex, national 
1300  origin, age, disability handicap, or marital status. 
1301         (3) It is an unlawful employment practice for a labor 
1302  organization to: 
1303         (a) To Exclude or to expel from its membership, or 
1304  otherwise to discriminate against, any individual because of 
1305  race, color, religion, sex, national origin, age, disability 
1306  handicap, or marital status. 
1307         (b) To Limit, segregate, or classify its membership or 
1308  applicants for membership, or to classify or fail or refuse to 
1309  refer for employment any individual, in any way that which would 
1310  deprive or tend to deprive any individual of employment 
1311  opportunities, or adversely affect any individual’s status as an 
1312  employee or as an applicant for employment, because of such 
1313  individual’s race, color, religion, sex, national origin, age, 
1314  disability handicap, or marital status. 
1315         (c) To Cause or attempt to cause an employer to 
1316  discriminate against an individual in violation of this section. 
1317         (4) It is an unlawful employment practice for an any 
1318  employer, labor organization, or joint labor-management 
1319  committee controlling apprenticeship or other training or 
1320  retraining, including on-the-job training programs, to 
1321  discriminate against any individual because of race, color, 
1322  religion, sex, national origin, age, disability handicap, or 
1323  marital status in admission to, or employment in, any program 
1324  established to provide apprenticeship or other training. 
1325         (5) If Whenever, in order to engage in a profession, 
1326  occupation, or trade, it is required that a person must receive 
1327  a license, certification, or other credential;, become a member 
1328  or an associate of any club, association, or other 
1329  organization;, or pass an any examination, it is an unlawful 
1330  employment practice for any person to discriminate against any 
1331  other person seeking such license, certification, or other 
1332  credential;, seeking to become a member or associate of such 
1333  club, association, or other organization;, or seeking to take or 
1334  pass such examination, because of such other person’s race, 
1335  color, religion, sex, national origin, age, disability handicap, 
1336  or marital status. 
1337         (6) It is an unlawful employment practice for an employer, 
1338  labor organization, employment agency, or joint labor-management 
1339  committee to print, or cause to be printed or published, any 
1340  notice or advertisement relating to employment, membership, 
1341  classification, referral for employment, or apprenticeship or 
1342  other training, indicating any preference, limitation, 
1343  specification, or discrimination, based on race, color, 
1344  religion, sex, national origin, age, absence of disability 
1345  handicap, or marital status. 
1346         (7) It is an unlawful employment practice for an employer, 
1347  an employment agency, a joint labor-management committee, or a 
1348  labor organization to discriminate against any person because 
1349  that person has opposed any practice that which is an unlawful 
1350  employment practice under this section, or because that person 
1351  has made a charge, testified, assisted, or participated in any 
1352  manner in an investigation, proceeding, or hearing under this 
1353  section. 
1354         (8) Notwithstanding any other provision of this section, it 
1355  is not an unlawful employment practice under this part ss. 
1356  760.01-760.10 for an employer, employment agency, labor 
1357  organization, or joint labor-management committee to: 
1358         (a) Take or fail to take any action on the basis of 
1359  religion, sex, national origin, age, disability handicap, or 
1360  marital status in those certain instances in which religion, 
1361  sex, national origin, age, absence of a particular disability 
1362  handicap, or marital status is a bona fide occupational 
1363  qualification reasonably necessary for the performance of the 
1364  particular employment to which such action or inaction is 
1365  related. 
1366         (b) Observe the terms of a bona fide seniority system, a 
1367  bona fide employee benefit plan, such as a retirement, pension, 
1368  or insurance plan, or a system that which measures earnings by 
1369  quantity or quality of production and, which is not designed, 
1370  intended, or used to evade the purposes of this part ss. 760.01 
1371  760.10. However, no such employee benefit plan or system that 
1372  which measures earnings does not shall excuse the failure to 
1373  hire, and no such seniority system, employee benefit plan, or 
1374  system that which measures earnings does not shall excuse the 
1375  involuntary retirement of, any individual on the basis of any 
1376  factor not related to the ability of such individual to perform 
1377  the particular employment for which the such individual has 
1378  applied or in which the such individual is engaged. This 
1379  subsection does shall not prohibit be construed to make unlawful 
1380  the rejection or termination of employment if when the 
1381  individual applicant or employee has failed to meet bona fide 
1382  requirements for the job or position sought or held or to 
1383  require any changes in any bona fide retirement or pension 
1384  programs or existing collective bargaining agreements during the 
1385  life of the contract, and or for 2 years after October 1, 1981, 
1386  whichever occurs first, nor shall this part does not act 
1387  preclude such physical and medical examinations of applicants 
1388  and employees as an employer may require of applicants and 
1389  employees to determine fitness for the job or position sought or 
1390  held. 
1391         (c) Take or fail to take any action on the basis of age, 
1392  pursuant to law or regulation governing any employment or 
1393  training program designed to benefit persons of a particular age 
1394  group. 
1395         (d) Take or fail to take any action on the basis of marital 
1396  status if that status is prohibited under its antinepotism 
1397  policy. 
1398         (9) Except as otherwise provided in this act, an unlawful 
1399  employment practice is established if the complaining party 
1400  demonstrates that race, color, religion, sex, national origin, 
1401  age, disability, or marital status is a motivating factor for 
1402  any unlawful employment practice, including any adverse 
1403  personnel action even though other factors may have also 
1404  contributed to or motivated the practice. 
1405         (10) The protections of this section extend to women who 
1406  are pregnant or who have any medical condition related to 
1407  pregnancy or childbirth. Women affected by pregnancy, 
1408  childbirth, or any medical condition related to pregnancy or 
1409  childbirth must be treated the same for employment-related 
1410  purposes as all other persons having similar abilities. 
1411         (11)(9) This section does shall not apply to any religious 
1412  corporation, association, educational institution, or society 
1413  that which conditions opportunities in the area of employment or 
1414  public accommodation to members of that religious corporation, 
1415  association, educational institution, or society or to persons 
1416  who subscribe to its tenets or beliefs. This section does shall 
1417  not prohibit a religious corporation, association, educational 
1418  institution, or society from giving preference in employment to 
1419  individuals of a particular religion to perform work connected 
1420  with the carrying on by such corporations, associations, 
1421  educational institutions, or societies of its various 
1422  activities. 
1423         (12)(10) Each employer, employment agency, and labor 
1424  organization shall post and keep posted in conspicuous places 
1425  upon its premises a notice provided by the commission setting 
1426  forth such information as the commission deems appropriate to 
1427  effectuate the purposes of the Florida Civil Rights Act ss. 
1428  760.01-760.10. 
1429         Section 33. Section 760.11, Florida Statutes, is amended to 
1430  read: 
1431         760.11 Administrative and civil remedies; construction.— 
1432         (1) Any person aggrieved by a violation of this part ss. 
1433  760.01-760.10 may file a complaint with the commission within 
1434  365 days after of the alleged violation, naming the employer, 
1435  employment agency, labor organization, or joint labor-management 
1436  committee, or, in the case of an alleged violation of s. 
1437  760.10(5), the person responsible for the violation and 
1438  describing the violation. Any person aggrieved by a violation of 
1439  s. 509.092 may file a complaint with the commission within 365 
1440  days after of the alleged violation naming the person 
1441  responsible for the violation and describing the violation. In 
1442  lieu of filing the complaint with the commission, a complaint 
1443  may be filed with the federal Equal Employment Opportunity 
1444  Commission or with any unit of government of the state which is 
1445  a fair-employment-practice agency under 29 C.F.R. ss. 1601.70 
1446  1601.80. The commission, a commissioner, or the Attorney General 
1447  may in like manner file such a complaint. 
1448         (a) On the same day the complaint is filed with the 
1449  commission, the commission shall clearly stamp on the face of 
1450  the complaint the date the complaint was filed with the 
1451  commission on the face of the complaint. In lieu of filing the 
1452  complaint with the commission, a complaint under this section 
1453  may be filed with the federal Equal Employment Opportunity 
1454  Commission or with any unit of government of the state which is 
1455  a fair-employment-practice agency under 29 C.F.R. ss. 1601.70 
1456  1601.80. If the date the complaint is filed is clearly stamped 
1457  on the face of the complaint, that date is the date of filing. 
1458  The date the complaint is filed with the commission for purposes 
1459  of this section is the earliest date for of filing with the 
1460  Equal Employment Opportunity Commission, the fair-employment 
1461  practice agency, or the commission. 
1462         (b) The complaint must shall contain a short and plain 
1463  statement of the facts describing the violation and the relief 
1464  sought. The commission may require additional information to be 
1465  in the complaint. 
1466         (c) The commission, Within 5 days after of the complaint is 
1467  being filed, the commission shall provide by registered mail 
1468  send a copy of the complaint to the person who allegedly 
1469  committed the violation. 
1470         (d) The person who allegedly committed the violation must 
1471  respond in writing to the commission and send a copy of the 
1472  response to the aggrieved person may file an answer to the 
1473  complaint within 25 days after of the date the commission mailed 
1474  the complaint to the respondent was filed with the commission. 
1475  Any answer filed shall be mailed to the aggrieved person by the 
1476  person filing the answer. Both The complaint and the response 
1477  must answer shall be verified. 
1478         (2) If In the event that any other state agency of the 
1479  state or of any other unit of government of the state has 
1480  jurisdiction of the subject matter of a any complaint filed with 
1481  the commission and has legal authority to investigate the 
1482  complaint, the commission may refer such complaint to such 
1483  agency for an investigation. Referral of such a complaint by the 
1484  commission does shall not constitute agency action within the 
1485  meaning of s. 120.52. In the event of any referral under this 
1486  subsection, The commission shall accord substantial weight to 
1487  any findings and conclusions of any such agency. The referral of 
1488  a complaint by the commission to a local agency does not divest 
1489  the commission’s jurisdiction over the complaint. 
1490         (3) Except as provided in subsection (2), the commission 
1491  shall investigate the allegations in the complaint. Within 180 
1492  days after of the filing of the complaint is filed, the 
1493  commission shall determine if there is reasonable cause to 
1494  believe that a discriminatory practice has occurred in violation 
1495  of the Florida Civil Rights Act of 1992. When the commission 
1496  determines whether or not there is reasonable cause, the 
1497  commission by registered mail shall promptly notify the 
1498  aggrieved person and the respondent of the reasonable cause 
1499  determination, the date of such determination, and the options 
1500  available under this section. 
1501         (4) If a charge is filed with the commission and the 
1502  commission concludes on the basis of a preliminary investigation 
1503  that prompt judicial action is necessary to carry out the 
1504  purposes of the Florida Civil Rights Act, the commission may 
1505  bring an action for appropriate temporary or preliminary relief 
1506  pending final disposition of such charge. Any temporary 
1507  restraining order or other order granting preliminary or 
1508  temporary relief must be issued in accordance with Florida Rules 
1509  of Civil Procedure. If the court finds that the respondent has 
1510  intentionally engaged in or is intentionally engaging in an 
1511  unlawful employment practice as charged in the complaint, the 
1512  court may enjoin the respondent from engaging in such practice 
1513  and order such affirmative relief as may be appropriate, which 
1514  may include, but is not limited to, reinstatement or hiring of 
1515  employees, with or without back pay, payable by the employer, 
1516  employment agency, or labor organization, as appropriate, 
1517  responsible for the unlawful employment practice, or any other 
1518  equitable relief the court deems appropriate. Back pay liability 
1519  does not accrue from a date more than 2 years before a charge is 
1520  filed with the commission. Interim earnings or amounts earnable 
1521  with reasonable diligence by the person or persons discriminated 
1522  against reduce the back pay otherwise allowable. The court may 
1523  not require the admission or reinstatement of an individual as a 
1524  member of a union, the hiring, reinstatement, or promotion of an 
1525  individual as an employee, or the payment to an individual of 
1526  any back pay if the individual was refused admission, suspended, 
1527  or expelled, was refused employment or advancement, or was 
1528  suspended or discharged for any reason other than discrimination 
1529  on account of race, color, religion, sex, national origin, age, 
1530  disability, or marital status. 
1531         (5)(4) If In the event that the commission determines that 
1532  there is reasonable cause to believe that a discriminatory 
1533  practice has occurred in violation of the Florida Civil Rights 
1534  Act of 1992, the aggrieved person may either: 
1535         (a) Bring a civil action against the person named in the 
1536  complaint in any court of competent jurisdiction; or 
1537         (b) Request an administrative hearing under ss. 120.569 and 
1538  120.57. 
1539 
1540  The election by the aggrieved person of filing of a civil action 
1541  or requesting an administrative hearing under this subsection is 
1542  the exclusive procedure available to the aggrieved person 
1543  pursuant to this part act. The executive director may, at his or 
1544  her own initiative, reconsider his or her final determination of 
1545  reasonable cause. If the director decides to reconsider, a 
1546  notice of intent to reconsider must be promptly issued to all 
1547  parties within a reasonable time. 
1548         (6)(5) In any civil action brought under this section, the 
1549  court may issue an order prohibiting the discriminatory practice 
1550  and providing affirmative relief from the effects of the 
1551  practice, including back pay. The court may also award 
1552  compensatory damages, including, but not limited to, damages for 
1553  mental anguish, loss of dignity, and any other intangible 
1554  injuries, and punitive damages. The provisions of ss. 768.72 and 
1555  768.73 do not apply to this section. The judgment for the total 
1556  amount of punitive damages awarded under this section may to an 
1557  aggrieved person shall not exceed $100,000. In any action or 
1558  proceeding under this subsection, the court, in its discretion, 
1559  may allow the prevailing party a reasonable attorney’s fee as 
1560  part of the costs. It is the intent of the Legislature that this 
1561  provision for attorney’s fees be interpreted in a manner 
1562  consistent with federal case law involving a Title VII action. 
1563  The right to trial by jury is preserved in any such private 
1564  right of action in which the aggrieved person is seeking 
1565  compensatory or punitive damages, and any party may demand a 
1566  trial by jury. The commission’s determination of reasonable 
1567  cause is not admissible into evidence in any civil proceeding, 
1568  including any hearing or trial, except to establish for the 
1569  court the right to maintain the private right of action. A civil 
1570  action brought under this section must shall be commenced within 
1571  no later than 1 year after the date of determination of 
1572  reasonable cause by the commission. The commencement of such 
1573  action divests shall divest the commission of jurisdiction of 
1574  the complaint, except that the commission may intervene in the 
1575  civil action as a matter of right. Notwithstanding the above, 
1576  The state and its agencies and subdivisions are shall not be 
1577  liable for punitive damages. The total amount of recovery 
1578  against the state and its agencies and subdivisions may shall 
1579  not exceed the limitation as set forth in s. 768.28(5). 
1580         (7)(6) An Any administrative hearing brought pursuant to 
1581  paragraph (5)(b) must (4)(b) shall be conducted under ss. 
1582  120.569 and 120.57. The commission may hear the case if provided 
1583  that the final order is issued by members of the commission who 
1584  did not conduct the hearing or the commission may request that 
1585  it be heard by an administrative law judge pursuant to s. 
1586  120.569(2)(a). 
1587         (a) If the commission elects to hear the case, it may be 
1588  heard by a commissioner. If the commissioner, after the hearing, 
1589  finds that a violation of the Florida Civil Rights Act of 1992 
1590  has occurred, the commissioner shall issue an appropriate 
1591  proposed order in accordance with chapter 120 prohibiting the 
1592  practice and providing affirmative relief from the effects of 
1593  the practice, including back pay. 
1594         (b) If the administrative law judge, after the hearing, 
1595  finds that a violation of the Florida Civil Rights Act of 1992 
1596  has occurred, the administrative law judge shall issue an 
1597  appropriate recommended order in accordance with chapter 120 
1598  prohibiting the practice and providing affirmative relief from 
1599  the effects of the practice, including back pay. 
1600         (c) Within 90 days after of the date the recommended or 
1601  proposed order is rendered, the commission shall issue a final 
1602  order by adopting, rejecting, or modifying the recommended order 
1603  as provided under ss. 120.569 and 120.57. The 90-day period may 
1604  be extended with the consent of all the parties. An 
1605  administrative hearing pursuant to paragraph (4)(b) must be 
1606  requested within no later than 35 days after the date of 
1607  determination of reasonable cause by the commission. 
1608         (d) In any action or proceeding under this subsection, the 
1609  commission, in its discretion, may allow the prevailing party a 
1610  reasonable attorney’s fee as part of the costs. It is the intent 
1611  of the Legislature that this provision for attorney’s fees be 
1612  interpreted in a manner consistent with federal case law 
1613  involving a Title VII action. 
1614         (8)(7) If the commission determines that there is no not 
1615  reasonable cause to believe that a violation of the Florida 
1616  Civil Rights Act of 1992 has occurred, the commission shall 
1617  dismiss the complaint. The aggrieved person may request an 
1618  administrative hearing under ss. 120.569 and 120.57., but any 
1619  Such request must be made within 35 days after of the date of 
1620  determination of reasonable cause and any such hearing must 
1621  shall be heard by an administrative law judge and not by the 
1622  commission or a commissioner. If the aggrieved person does not 
1623  request an administrative hearing within the 35 days, the claim 
1624  is will be barred. 
1625         (a) If the administrative law judge finds that a violation 
1626  of the Florida Civil Rights Act of 1992 has occurred, he or she 
1627  shall issue an appropriate recommended order to the commission 
1628  prohibiting the practice and recommending affirmative relief 
1629  from the effects of the practice, including back pay. Within 90 
1630  days after of the date the recommended order is rendered, the 
1631  commission shall issue a final order by adopting, rejecting, or 
1632  modifying the recommended order as provided under ss. 120.569 
1633  and 120.57. The 90-day period may be extended with the consent 
1634  of all the parties. 
1635         (b) In any action or proceeding under this subsection, the 
1636  commission, in its discretion, may allow the prevailing party a 
1637  reasonable attorney’s fee as part of the costs. It is the intent 
1638  of the Legislature that this provision for attorney’s fees be 
1639  interpreted in a manner consistent with federal case law 
1640  involving a Title VII action. If In the event the final order 
1641  issued by the commission determines that a violation of the 
1642  Florida Civil Rights Act of 1992 has occurred, the aggrieved 
1643  person may bring, within 1 year after of the date of the final 
1644  order, bring a civil action under subsection (6) (5) as if there 
1645  has been a reasonable cause determination or accept the 
1646  affirmative relief offered by the commission, but not both. 
1647         (c) The executive director may, on his or her own 
1648  initiative, reconsider his or her final determination of no 
1649  reasonable cause. If the executive director decides to 
1650  reconsider a determination of no cause, a notice of intent to 
1651  reconsider must be promptly issued within a reasonable time to 
1652  all parties. 
1653         (9)(8) If In the event that the commission fails to 
1654  conciliate or determine whether there is reasonable cause on any 
1655  complaint under this section within 180 days after of the filing 
1656  of the complaint is filed, an aggrieved person may proceed under 
1657  subsection (5) (4), as if the commission determined that there 
1658  was reasonable cause. However, a civil action filed under this 
1659  section must commence within 4 years after the date the cause of 
1660  action accrued. 
1661         (10)(9) No Liability for back pay does not shall accrue 
1662  from a date more than 2 years before prior to the filing of a 
1663  complaint with the commission. 
1664         (11)(10) A judgment for the amount of damages and costs 
1665  assessed pursuant to a final order by the commission may be 
1666  entered in any court having jurisdiction thereof and may be 
1667  enforced as any other judgment. 
1668         (12)(11) If a complaint is within the jurisdiction of the 
1669  commission, the commission shall simultaneously with its other 
1670  statutory obligations attempt to eliminate or correct the 
1671  alleged discrimination by informal methods of conference, 
1672  conciliation, and persuasion. Nothing said or done in the course 
1673  of such informal endeavors may be made public or used as 
1674  evidence in a subsequent civil proceeding, trial, or hearing. 
1675  The commission may initiate dispute resolution procedures, 
1676  including voluntary arbitration, by special magistrates or 
1677  mediators. The commission may adopt rules as to the 
1678  qualifications of persons who may serve as special magistrates 
1679  and mediators. 
1680         (13)(12) All complaints filed with the commission and all 
1681  records and documents in the custody of the commission, which 
1682  relate to and identify a particular person, including, but not 
1683  limited to, a complainant, employer, employment agency, labor 
1684  organization, or joint labor-management committee are shall be 
1685  confidential and may shall not be disclosed by the commission, 
1686  except to the parties or in the course of a hearing or 
1687  proceeding under this section. This limitation does The 
1688  restriction of this subsection shall not apply to any record or 
1689  document that which is part of the record of any hearing or 
1690  court proceeding. 
1691         (14)(13) Final orders of the commission are subject to 
1692  judicial review pursuant to s. 120.68. The commission’s 
1693  determination of reasonable cause is not final agency action 
1694  that is subject to judicial review. Unless specifically ordered 
1695  by the court, the commencement of an appeal does not suspend or 
1696  stay the order of the commission, except as provided in the 
1697  Rules of Appellate Procedure. In any action or proceeding under 
1698  this subsection, the court, in its discretion, may allow the 
1699  prevailing party a reasonable attorney’s fee as part of the 
1700  cost. It is the intent of the Legislature that this provision 
1701  for attorney’s fees be interpreted in a manner consistent with 
1702  federal case law involving a Title VII action. If In the event 
1703  the order of the court determines that a violation of the 
1704  Florida Civil Rights Act of 1992 has occurred, the court shall 
1705  remand the matter to the commission for appropriate relief. The 
1706  aggrieved party may has the option to accept the relief offered 
1707  by the commission or may bring, within 1 year after of the date 
1708  of the court order, bring a civil action under subsection (6) 
1709  (5) as if there has been a reasonable cause determination. 
1710         (15)(14) The commission may adopt, promulgate, amend, and 
1711  rescind rules to effectuate the purposes and policies of this 
1712  section and to govern the proceedings of the commission under 
1713  this section. 
1714         (16)(15) In any civil action or administrative proceeding 
1715  brought pursuant to this section, a finding that a person 
1716  employed by the state or any governmental entity or agency has 
1717  violated s. 760.10 shall, as a matter of law, constitute just or 
1718  substantial cause for such person’s discharge. 
1719         Section 34. Section 760.12, Florida Statutes, is created to 
1720  read: 
1721         760.12 Recovery of expenditures by commission.— 
1722         (1) The commission may recover expenditures for any state 
1723  funded products or services provided to any person seeking 
1724  administrative or judicial relief and who possesses the present 
1725  ability to pay. The rate of compensation for such products or 
1726  services must include the actual cost, including cost of 
1727  recovery, of court reporter services and transcriptions, court 
1728  interpreter services and translation, and any other product or 
1729  service for which state funds were incurred by the commission 
1730  due to persons seeking administrative or judicial relief. 
1731         (2) Funds received by the commission pursuant to this 
1732  section shall be deposited into the commission’s trust fund to 
1733  assist the commission in defraying some of the costs associated 
1734  with parties seeking administrative or judicial relief. 
1735         Section 35. Section 760.13, Florida Statutes, is created to 
1736  read: 
1737         760.13 Fees.– 
1738         (1) The commission may charge fees for products or services 
1739  provided in the performance of its duties pursuant to this part 
1740  in amounts not to exceed: 
1741         (a) For examining, comparing, correcting, verifying, and 
1742  certifying transcripts of records in appellate proceedings, 
1743  prepared by an attorney for appellant proceedings or someone 
1744  other than the commission clerk, per page			$5. 
1745         (b) For preparing, numbering, and indexing an original 
1746  record of appellate proceedings, per instrument		$3.50. 
1747         (c) For certifying copies of any instrument		$2. 
1748         (d) For verifying any instrument presented for 
1749  certification prepared by someone other than the commission 
1750  clerk, per page								$3.50. 
1751         (e) For writing any other paper, same as for copying, 
1752  including signing and sealing						$7. 
1753         (f) For indexing each entry not recorded		$1. 
1754 
1755  The clerk of the commission may provide the requested 
1756  information or record in an electronic format in lieu of a hard 
1757  copy if ready accessibility by the requesting entity is 
1758  available. 
1759         (2) Any funds received by the commission pursuant to this 
1760  section shall be deposited into the commission’s trust fund. 
1761         Section 36. Section 760.14, Florida Statutes, is created to 
1762  read: 
1763         760.14 Mediation services.— 
1764         (1) Mediation, arbitration, and conciliation services must 
1765  be available and accessible by all parties to any discrimination 
1766  complaint filed with the commission regardless of financial 
1767  status. 
1768         (2) A fee of $120 per person per scheduled mediation, 
1769  arbitration, or conciliation session conducted pursuant to this 
1770  part shall be divided equally among the parties. Such fees shall 
1771  be collected by the clerk of the commission and deposited into 
1772  the commission’s trust fund. The fees shall be waived for any 
1773  party who is found to be indigent pursuant to s. 57.081. 
1774         (3) A person serving as a mediator in any action pursuant 
1775  to this part is immune from liability arising from the 
1776  performance of that person’s duties while acting within the 
1777  scope of the mediation function if mediation is required by law 
1778  or agency rule or order, conducted by express agreement of the 
1779  mediation parties, or facilitated by a mediator certified by the 
1780  Supreme Court. The mediator is not immune from liability if he 
1781  or she acts in bad faith, with malicious purpose, or in a manner 
1782  exhibiting wanton and willful disregard of human rights, safety, 
1783  or property. 
1784         Section 37. Section 760.15, Florida Statutes, is created to 
1785  read: 
1786         760.15 Computation of time.—In computing any period of time 
1787  under this part, the day of the act, event, or default from 
1788  which the designated period of time begins to run is not 
1789  included. The last day of the period is included unless it is a 
1790  Saturday, Sunday, or legal state holiday, in which case the 
1791  designated period ends on the next day that is not a Saturday, 
1792  Sunday, or legal state holiday. If the period of time prescribed 
1793  or allowed is less than 7 days, intermediate Saturdays, Sundays, 
1794  and legal state holidays are excluded from the computation. 
1795         Section 38. Section 760.16, Florida Statutes, is created to 
1796  read: 
1797         760.16 Direct-support organization.— 
1798         (1) DIRECT-SUPPORT ORGANIZATION ESTABLISHED.—The commission 
1799  may establish a direct-support organization to provide 
1800  assistance, funding, and support to the commission in carrying 
1801  out its mission. 
1802         (2) DEFINITIONS.—As used in this section, the term: 
1803         (a) “Direct-support organization” means an organization 
1804  that is: 
1805         1. A Florida corporation, not for profit, incorporated 
1806  under chapter 617, exempt from filing fees under s. 617.0122, 
1807  and approved by the Department of State. 
1808         2. Organized and operated exclusively to obtain funds; 
1809  request and receive grants, gifts, and bequests of moneys; 
1810  acquire, receive, hold, invest, and administer, in its own name, 
1811  securities, funds, or property; and make expenditures to or for 
1812  the direct or indirect benefit of the commission in its efforts 
1813  to: 
1814         a. Promote and encourage fair treatment and equal 
1815  opportunity for all persons regardless of race, color, religion, 
1816  sex, national origin, age, disability, or marital status; 
1817         b. Encourage mutual understanding and respect among all 
1818  members of all economic, social, racial, religious, and ethnic 
1819  groups; and 
1820         c. Endeavor to eliminate discrimination against, and 
1821  antagonism between, religious, racial, and ethnic groups and 
1822  their members. 
1823         3. Authorized to receive federal subsidies, endowments, 
1824  grants, and aid, but not authorized to receive donations in any 
1825  manner from any private or public entity or individuals 
1826  connected with entities over which the commission has regulatory 
1827  authority pursuant to this chapter. 
1828         4. Determined by the commission to be operating in a manner 
1829  consistent with the goals and purposes of the commission and in 
1830  the best interest of the state. 
1831         (b) “Personnel services” includes full-time or part-time 
1832  personnel. 
1833         (3) BOARD OF DIRECTORS.—The direct-support organization 
1834  shall be governed by a board of directors. 
1835         (a) The board of directors shall consist of at least three 
1836  but no more than five members appointed by the executive 
1837  director of the commission. 
1838         (b) The term of office of the board members is 3 years, 
1839  except that the terms of the initial appointees are for 1 year, 
1840  2 years, or 3 years in order to achieve staggered terms. A 
1841  member may be reappointed when his or her term expires. The 
1842  executive director of the commission, or designee, shall serve 
1843  as an ex officio member of the board of directors. 
1844         (c) Board members must be current residents of this state 
1845  and knowledgeable about human and civil rights. The executive 
1846  director of the commission may remove any board member for cause 
1847  and with the approval of a majority of the board members. The 
1848  executive director of the commission shall appoint a replacement 
1849  for any vacancy that occurs. 
1850         (4) CONTRACT.—The direct-support organization shall operate 
1851  under a written contract with the commission. The written 
1852  contract must provide for: 
1853         (a) Submission of an annual budget for approval by the 
1854  executive director of the commission. 
1855         (b) Certification by the commission that the direct-support 
1856  organization is complying with the terms of the contract and is 
1857  doing so consistent with the goals and purposes of the 
1858  commission and in the best interests of the state. Certification 
1859  must be made annually and reported in the official minutes of a 
1860  meeting of the direct-support organization. 
1861         (c) The reversion of all moneys and property held by the 
1862  direct-support organization. Moneys and property shall revert: 
1863         1. To the commission if the direct-support organization is 
1864  no longer approved to operate for the commission; 
1865         2. To the commission if the direct-support organization 
1866  ceases to exist; or 
1867         3. To the state if the commission ceases to exist. 
1868         (d) The disclosure of the material provisions of the 
1869  contract and the distinction between the commission and the 
1870  direct-support organization to donors of gifts, contributions, 
1871  or bequests, including such disclosure on all promotional and 
1872  fundraising publications. 
1873         (5) USE OF PROPERTY AND SERVICES.— 
1874         (a) The commission may permit the use of property, 
1875  facilities, and personnel services of the commission by the 
1876  direct-support organization, subject to this section. 
1877         (b) The commission may prescribe, by contract, any 
1878  condition with which the direct-support organization must comply 
1879  in order to use property, facilities, or personnel services of 
1880  the commission. 
1881         (c) The commission may not permit the use of its property, 
1882  facilities, or personnel services by a direct-support 
1883  organization that does not provide equal employment 
1884  opportunities to all persons regardless of race, color, 
1885  religion, sex, national origin, age, disability, or marital 
1886  status. 
1887         (6) ACTIVITIES; RESTRICTIONS.—Any transaction or agreement 
1888  between the direct-support organization organized under this 
1889  section and another direct-support organization or other entity 
1890  must be approved by the executive director of the commission. 
1891         (7) ANNUAL BUDGETS AND REPORTS.— 
1892         (a) The fiscal year of the direct-support organization 
1893  begins on July 1 of each year and ends on June 30 of the 
1894  following year. 
1895         (b) The direct-support organization shall submit to the 
1896  commission its federal Internal Revenue Service Application for 
1897  Recognition of Exemption form and its federal Internal Revenue 
1898  Service Return of Organization Exempt from Income Tax form. 
1899         (c) The direct-support organization shall provide for an 
1900  annual financial audit in accordance with s. 215.981. 
1901         (8) LIMITS ON DIRECT-SUPPORT ORGANIZATION.—The direct 
1902  support organization may not exercise any power under s. 
1903  617.0302(12) or s. 617.0302(16). A state employee may not 
1904  receive compensation from the direct-support organization for 
1905  services on the board of directors or for services rendered to 
1906  the direct-support organization. 
1907         (9) RULEMAKING AUTHORITY.—The commission may adopt rules to 
1908  administer this section. 
1909         Section 39. Section 760.20, Florida Statutes, is amended to 
1910  read: 
1911         760.20 Fair Housing Act; short title.—This part Sections 
1912  760.20-760.37 may be cited as the “Fair Housing Act.” 
1913         Section 40. Section 760.22, Florida Statutes, is amended to 
1914  read: 
1915         760.22 Definitions.—As used in this part ss. 760.20-760.37, 
1916  the term: 
1917         (1) “Commission” means the Florida Commission on Human 
1918  Relations. 
1919         (2) “Covered multifamily dwelling” means: 
1920         (a) A building that which consists of four or more units 
1921  and has an elevator; or 
1922         (b) The ground floor units of a building that which 
1923  consists of four or more units and does not have an elevator. 
1924         (3) “Disability,” with respect to an individual, means: 
1925         (a) A physical or mental impairment that substantially 
1926  limits one or more major life activities of the individual; 
1927         (b) A record of the impairment; 
1928         (c) Being regarded as having an impairment; or 
1929         (d) Having a developmental disability as defined in s. 
1930  393.063. 
1931         (4)(3) “Discriminatory housing practice” means an act that 
1932  is unlawful under this part the terms of ss. 760.20-760.37. 
1933         (5)(4) “Dwelling” means any building or structure, or 
1934  portion thereof, which is occupied as, or designed or intended 
1935  for occupancy, as, a residence by one or more families, and any 
1936  vacant land that which is offered for sale or lease for the 
1937  construction or location on the land of any such building or 
1938  structure, or portion thereof. 
1939         (6)(5) “Familial status” is established when an individual 
1940  who has not attained the age of 18 years is domiciled with: 
1941         (a) A parent or other person having legal custody of such 
1942  individual; or 
1943         (b) A designee of a parent or other person having legal 
1944  custody, with the written permission of such parent or other 
1945  person. 
1946         (7)(6) “Family” includes a single individual. 
1947         (7) “Handicap” means: 
1948         (a) A person has a physical or mental impairment which 
1949  substantially limits one or more major life activities, or he or 
1950  she has a record of having, or is regarded as having, such 
1951  physical or mental impairment; or 
1952         (b) A person has a developmental disability as defined in 
1953  s. 393.063. 
1954         (8) “Major life activities” includes, but is not limited 
1955  to: 
1956         (a) Caring for one’s self, performing manual tasks, and 
1957  functioning in a workplace environment. 
1958         (b) Major bodily functions, including, but not limited to, 
1959  visual, auditory, aural, and cognitive functions; functions of 
1960  the immune, digestive, neurological, respiratory, circulatory, 
1961  endocrine, and reproductive systems; normal cell growth; and 
1962  functions of the bowel, bladder, and brain. 
1963         (9)(8) “Person” includes one or more individuals, 
1964  corporations, partnerships, associations, labor organizations, 
1965  legal representatives, mutual companies, joint-stock companies, 
1966  trusts, unincorporated organizations, trustees, trustees in 
1967  bankruptcy, receivers, and fiduciaries. 
1968         (10)(9) “Substantially equivalent” means an administrative 
1969  subdivision of the State of Florida meeting the requirements of 
1970  24 C.F.R. part 115, s. 115.6. 
1971         (11) “Substantially limits” means to materially restrict an 
1972  individual’s ability. 
1973         (12)(10) “To rent” means includes to lease, to sublease, to 
1974  let, and otherwise to grant for a consideration the right to 
1975  occupy premises not owned by the occupant. 
1976         (13) “Transitory or minor impairment” means any impairment 
1977  having an actual, apparent, or expected duration of 6 months or 
1978  less. 
1979         Section 41. Section 760.225, Florida Statutes, is created 
1980  to read: 
1981         760.225 Impairment.—For purposes of this part, an 
1982  individual who has been subjected to an action prohibited under 
1983  this chapter because of an actual or perceived physical or 
1984  mental impairment, regardless of whether the impairment limits 
1985  or is perceived to limit a major life activity, has an 
1986  impairment. An impairment that limits one major life activity 
1987  may be considered a disability; however, a transitory or minor 
1988  impairment may not be considered a disability. An impairment 
1989  that is episodic or in remission is considered a disability if 
1990  it substantially limits at least one major life activity when 
1991  the impairment is active or not in remission. The determination 
1992  of whether an impairment substantially limits a major life 
1993  activity must be made without regard to the ameliorative effects 
1994  of mitigating measures, such as medication; medical supplies; 
1995  equipment or appliances; low-vision devices, not including 
1996  ordinary eyeglasses or contact lenses; prosthetics, including 
1997  artificial limbs and devices, hearing aids and cochlear implants 
1998  or other implantable hearing devices, and mobility devices; 
1999  oxygen therapy equipment and supplies; use of assistive 
2000  technology; reasonable accommodations or auxiliary aids or 
2001  services, including qualified interpreters or other effective 
2002  measures of making aurally delivered materials available to 
2003  individuals with hearing impairments; qualified readers; taped 
2004  texts or other effective methods of making visually delivered 
2005  materials available to individuals with visual impairments; 
2006  acquisition or modification of equipment and devices and other 
2007  similar services and actions; or learned behavioral or adaptive 
2008  neurological modifications. 
2009         Section 42. Section 760.23, Florida Statutes, is amended to 
2010  read: 
2011         760.23 Discrimination in the sale or rental of housing and 
2012  other prohibited practices.— 
2013         (1) It is unlawful to refuse to sell or rent after the 
2014  making of a bona fide offer, to refuse to negotiate for the sale 
2015  or rental of, or otherwise to make unavailable or deny a 
2016  dwelling to any person because of race, color, national origin, 
2017  sex, disability handicap, familial status, or religion. 
2018         (2) It is unlawful to discriminate against any person in 
2019  the terms, conditions, or privileges of sale or rental of a 
2020  dwelling, or in the provision of related services or facilities 
2021  in connection therewith, because of race, color, national 
2022  origin, sex, disability handicap, familial status, or religion. 
2023         (3) It is unlawful to make, print, or publish, or cause to 
2024  be made, printed, or published, any notice, statement, or 
2025  advertisement with respect to the sale or rental of a dwelling 
2026  which that indicates any preference, limitation, or 
2027  discrimination based on race, color, national origin, sex, 
2028  disability handicap, familial status, or religion or an 
2029  intention to make any such preference, limitation, or 
2030  discrimination. 
2031         (4) It is unlawful to represent to any person because of 
2032  race, color, national origin, sex, disability handicap, familial 
2033  status, or religion that any dwelling is not available for 
2034  inspection, sale, or rental if when such dwelling is in fact so 
2035  available. 
2036         (5) It is unlawful, for profit, to induce or attempt to 
2037  induce any person to sell or rent any dwelling by a 
2038  representation regarding the entry or prospective entry into the 
2039  neighborhood of a person or persons of a particular race, color, 
2040  national origin, sex, disability handicap, familial status, or 
2041  religion. 
2042         (6) The protections provided afforded under this part ss. 
2043  760.20-760.37 against discrimination on the basis of familial 
2044  status apply to any person who is pregnant or is in the process 
2045  of securing legal custody of any individual who has not attained 
2046  the age of 18 years. 
2047         (7) It is unlawful to discriminate in the sale or rental 
2048  of, or to otherwise make unavailable or deny, a dwelling to any 
2049  buyer or renter because of a disability handicap of: 
2050         (a) That buyer or renter; 
2051         (b) A person residing in or intending to reside in that 
2052  dwelling after it is sold, rented, or made available; or 
2053         (c) Any person associated with the buyer or renter. 
2054         (8) It is unlawful to discriminate against any person in 
2055  the terms, conditions, or privileges of sale or rental of a 
2056  dwelling, or in the provision of services or facilities in 
2057  connection with such dwelling, because of a disability handicap 
2058  of: 
2059         (a) That buyer or renter; 
2060         (b) A person residing in or intending to reside in that 
2061  dwelling after it is sold, rented, or made available; or 
2062         (c) Any person associated with the buyer or renter. 
2063         (9) For purposes of subsections (7) and (8), discrimination 
2064  includes: 
2065         (a) A refusal to permit, at the expense of the handicapped 
2066  person who has a disability, reasonable modifications of 
2067  existing premises occupied or to be occupied by such person if 
2068  such modifications may be necessary to provide afford such 
2069  person full enjoyment of the premises; or 
2070         (b) A refusal to make reasonable accommodations in rules, 
2071  policies, practices, or services, if when such accommodations 
2072  may be necessary to provide afford such person equal opportunity 
2073  to use and enjoy a dwelling. 
2074         (10) Covered multifamily dwellings that as defined herein 
2075  which are intended for first occupancy after March 13, 1991, 
2076  must shall be designed and constructed to have at least one 
2077  building entrance on an accessible route unless it is 
2078  impractical to do so because of the terrain or unusual 
2079  characteristics of the site as determined by commission rule. 
2080  Such buildings shall also be designed and constructed in such a 
2081  manner that: 
2082         (a) The public use and common use portions of such 
2083  dwellings are readily accessible to and usable by handicapped 
2084  persons who have disabilities. 
2085         (b) All doors designed to allow passage into and within all 
2086  premises within such dwellings are sufficiently wide to allow 
2087  passage by a person in a wheelchair. 
2088         (c) All premises within such dwellings contain the 
2089  following features of adaptive design: 
2090         1. An accessible route into and through the dwelling. 
2091         2. Light switches, electrical outlets, thermostats, and 
2092  other environmental controls in accessible locations. 
2093         3. Reinforcements in bathroom walls to allow later 
2094  installation of grab bars. 
2095         4. Usable kitchens and bathrooms such that a person in a 
2096  wheelchair can maneuver about the space. 
2097         (d) Compliance with the appropriate requirements of the 
2098  American National Standards Institute for buildings and 
2099  facilities providing accessibility and usability for persons 
2100  with physical disabilities physically handicapped people, 
2101  commonly cited as ANSI A117.1-1986, suffices to satisfy the 
2102  requirements of paragraph (c). 
2103 
2104  State agencies that are responsible for regulating with building 
2105  construction regulation responsibility or local governments, as 
2106  appropriate, shall review the plans and specifications for the 
2107  construction of covered multifamily dwellings to determine 
2108  consistency with the requirements of this subsection. 
2109         Section 43. Section 760.24, Florida Statutes, is amended to 
2110  read: 
2111         760.24 Discrimination in the provision of brokerage 
2112  services.—It is unlawful to deny any person access to, or 
2113  membership or participation in, any multiple-listing service, 
2114  real estate brokers’ organization, or other service, 
2115  organization, or facility relating to the business of selling or 
2116  renting dwellings, or to discriminate against him or her in the 
2117  terms or conditions of such access, membership, or 
2118  participation, on account of race, color, national origin, sex, 
2119  disability handicap, familial status, or religion. 
2120         Section 44. Section 760.25, Florida Statutes, is amended to 
2121  read: 
2122         760.25 Discrimination in the financing of housing or in 
2123  residential real estate transactions.— 
2124         (1) It is unlawful for any bank, building and loan 
2125  association, insurance company, or other corporation, 
2126  association, firm, or enterprise whose the business of which 
2127  consists, in whole or in part, of the making of commercial real 
2128  estate loans to deny a loan or other financial assistance to a 
2129  person applying for the loan for the purpose of purchasing, 
2130  constructing, improving, repairing, or maintaining a dwelling, 
2131  or to discriminate against him or her in the fixing of the 
2132  amount, interest rate, duration, or other term or condition of 
2133  such loan or other financial assistance, because of the race, 
2134  color, national origin, sex, disability handicap, familial 
2135  status, or religion of such person or of any person associated 
2136  with him or her in connection with such loan or other financial 
2137  assistance or the purposes of such loan or other financial 
2138  assistance, or because of the race, color, national origin, sex, 
2139  disability handicap, familial status, or religion of the present 
2140  or prospective owners, lessees, tenants, or occupants of the 
2141  dwelling or dwellings in relation to which such loan or other 
2142  financial assistance is to be made or given. 
2143         (2)(a) It is unlawful for any person or entity whose 
2144  business includes engaging in residential real estate 
2145  transactions to discriminate against any person in making 
2146  available such a transaction, or in the terms or conditions of 
2147  such a transaction, because of race, color, national origin, 
2148  sex, disability handicap, familial status, or religion. 
2149         (b) As used in this subsection, the term “residential real 
2150  estate transaction” means any of the following: 
2151         (a)1. The making or purchasing of loans or providing other 
2152  financial assistance: 
2153         1.a. For purchasing, constructing, improving, repairing, or 
2154  maintaining a dwelling; or 
2155         2.b. Secured by residential real estate. 
2156         (b)2. The selling, brokering, or appraising of residential 
2157  real property. 
2158         Section 45. Section 760.29, Florida Statutes, is amended to 
2159  read: 
2160         760.29 Exemptions.— 
2161         (1)(a) Sections Nothing in ss. 760.23 and 760.25 do not 
2162  apply applies to: 
2163         1. Any single-family house sold or rented by its private 
2164  individual owner if, provided such private individual owner does 
2165  not own more than three single-family houses at any one time. If 
2166  the In the case of the sale of a single-family house by a 
2167  private individual owner who does not reside in such house at 
2168  the time of the sale or who was not the most recent resident of 
2169  the house prior to the sale, the exemption granted by this 
2170  paragraph applies only with respect to one sale within any 24 
2171  month period. In addition, the bona fide private individual 
2172  owner may shall not own any interest in, and nor shall there may 
2173  not be owned or reserved on his or her behalf, under any express 
2174  or voluntary agreement, title to, or any right to all or a 
2175  portion of the proceeds from the sale or rental of, more than 
2176  three single-family houses at any one time. The sale or rental 
2177  of any single-family house is shall be excepted from the 
2178  application of this part ss. 760.20-760.37 only if the house is 
2179  sold or rented: 
2180         a. Without the use in any manner of the sales or rental 
2181  facilities or the sales or rental services of any real estate 
2182  licensee or the such facilities or services of any person in the 
2183  business of selling or renting dwellings, or of any employee or 
2184  agent of any such licensee or person; and 
2185         b. Without the publication, posting, or mailing, after 
2186  notice, of any advertisement or written notice in violation of 
2187  s. 760.23(3). 
2188 
2189  Nothing in This provision does not prohibit prohibits the use of 
2190  attorneys, escrow agents, abstractors, title companies, and 
2191  other such professional assistance as is necessary to perfect or 
2192  transfer the title. 
2193         2. Rooms or units in dwellings containing living quarters 
2194  occupied or intended to be occupied by no more than four 
2195  families living independently of each other, if the owner 
2196  actually maintains and occupies one of such living quarters as 
2197  his or her residence. 
2198         (b) For the purposes of paragraph (a), a person is deemed 
2199  to be in the business of selling or renting dwellings if the 
2200  person: 
2201         1. Has, within the preceding 12 months, participated as 
2202  principal in three or more transactions involving the sale or 
2203  rental of any dwelling or interest therein; 
2204         2. Has, within the preceding 12 months, participated as 
2205  agent, other than in the sale of his or her own personal 
2206  residence, in providing sales or rental facilities or sales or 
2207  rental services in two or more transactions involving the sale 
2208  or rental of any dwelling or interest therein; or 
2209         3. Is the owner of any dwelling designed or intended for 
2210  occupancy by, or is occupied by, five or more families. 
2211         (2) This part does not prohibit: Nothing in ss. 760.20 
2212  760.37 prohibits 
2213         (a) A religious organization, association, or society, or 
2214  any nonprofit institution or organization operated, supervised, 
2215  or controlled by or in conjunction with a religious 
2216  organization, association, or society, from limiting the sale, 
2217  rental, or occupancy of any dwelling that which it owns or 
2218  operates for other than a commercial purpose to persons of the 
2219  same religion or from giving preference to such persons, unless 
2220  membership in such religion is restricted on account of race, 
2221  color, or national origin; or. Nothing in ss. 760.20-760.37 
2222  prohibits 
2223         (b) A private club not in fact open to the public, which as 
2224  an incident to its primary purpose or purposes provides lodgings 
2225  that which it owns or operates for other than a commercial 
2226  purpose, from limiting the rental or occupancy of such lodgings 
2227  to its members or from giving preference to its members. 
2228         (3) This part does not require Nothing in ss. 760.20-760.37 
2229  requires any person renting or selling a dwelling constructed 
2230  for first occupancy before March 13, 1991, to modify, alter, or 
2231  adjust the dwelling in order to provide physical accessibility 
2232  except as otherwise required by law. 
2233         (4)(a) Any provision of this part ss. 760.20-760.37 
2234  regarding familial status does not apply with respect to housing 
2235  for older persons. 
2236         (b) As used in this subsection, the term “housing for older 
2237  persons” means housing: 
2238         1. Provided under any state or federal program that the 
2239  commission determines is specifically designed and operated to 
2240  assist elderly persons, as defined in the state or federal 
2241  program; 
2242         2. Intended for, and solely occupied by, persons 62 years 
2243  of age or older; or 
2244         3. Intended and operated for occupancy by persons 55 years 
2245  of age or older which that meets the following requirements: 
2246         a. At least 80 percent of the occupied units are occupied 
2247  by at least one person 55 years of age or older. 
2248         b. The housing facility or community publishes and adheres 
2249  to policies and procedures that demonstrate the intent required 
2250  under this subparagraph. If the housing facility or community 
2251  meets the requirements of sub-subparagraphs a. and c. and the 
2252  recorded governing documents provide for an adult, senior, or 
2253  retirement housing facility or community and the governing 
2254  documents lack an amendatory procedure, prohibit amendments, or 
2255  restrict amendments until a specified future date, then that 
2256  housing facility or community shall be deemed housing for older 
2257  persons intended and operated for occupancy by persons 55 years 
2258  of age or older. If those documents further provide a 
2259  prohibition against residents 16 years of age or younger, that 
2260  provision must shall be construed, for purposes of the Fair 
2261  Housing Act, to only apply only to residents 18 years of age or 
2262  younger, in order to conform with federal law requirements. 
2263  Governing documents that which can be amended at a future date 
2264  must be amended and properly recorded within 1 year after that 
2265  date to reflect the requirements for consideration as housing 
2266  for older persons, if that housing facility or community intends 
2267  to continue as housing for older persons. 
2268         c. The housing facility or community complies with rules 
2269  made by the Secretary of the United States Department of Housing 
2270  and Urban Development pursuant to 24 C.F.R. part 100 for 
2271  verification of occupancy, which rules provide for verification 
2272  by reliable surveys and affidavits and include examples of the 
2273  types of policies and procedures relevant to a determination of 
2274  compliance with the requirements of sub-subparagraph b. Such 
2275  surveys and affidavits are admissible in administrative and 
2276  judicial proceedings for the purposes of such verification. 
2277         (c) Housing shall not fail to be considered housing for 
2278  older persons if: 
2279         1. A person who resides in such housing on or after October 
2280  1, 1989, does not meet the age requirements of this subsection 
2281  but, provided that any new occupant meets such age requirements; 
2282  or 
2283         2. One or more units are unoccupied but the, provided that 
2284  any unoccupied units are reserved for occupancy by persons who 
2285  meet the age requirements of this subsection. 
2286         (d) A person is shall not be personally liable for monetary 
2287  damages for a violation of this subsection if such person 
2288  reasonably relied in good faith on the application of the 
2289  exemption under this subsection relating to housing for older 
2290  persons. For purposes of this paragraph, a person may show good 
2291  faith reliance on the application of the exemption only by 
2292  showing that: 
2293         1. The person has no actual knowledge that the facility or 
2294  the community is ineligible, or will become ineligible, for such 
2295  exemption; and 
2296         2. The facility or community has stated formally, in 
2297  writing, that the facility or community complies with the 
2298  requirements for such exemption. 
2299         (e) A facility or community claiming an exemption under 
2300  this subsection shall register with the commission by submitting 
2301  a copy of its recorded documents establishing the facility or 
2302  community as housing for older persons and submit a letter to 
2303  the commission stating that the facility or community complies 
2304  with the requirements of paragraph (b) subparagraph (b)1., 
2305  subparagraph (b)2., or subparagraph (b)3. The letter shall be 
2306  submitted on the letterhead of the facility or community and 
2307  shall be signed by the president of the facility or community. 
2308  This registration and documentation must shall be renewed 
2309  biennially following from the date of original filing. The 
2310  information in the registry shall be made available to the 
2311  public, and the commission shall include this information on an 
2312  Internet website. The commission may charge establish a 
2313  reasonable registration fee of $75, which not to exceed $20, 
2314  that shall be deposited into the commission’s trust fund to 
2315  defray the administrative costs associated with maintaining the 
2316  registry. The commission may impose an administrative fine, not 
2317  to exceed $500, on a facility or community that fails to 
2318  register or renew its registration with the commission or that 
2319  knowingly submits false information in the documentation 
2320  required by this paragraph. Such fines shall be deposited in the 
2321  commission’s trust fund. The registration and documentation 
2322  required by this paragraph do shall not substitute for proof of 
2323  compliance with the requirements of this subsection. However, 
2324  failure to comply does with the requirements of this paragraph 
2325  shall not disqualify a facility or community that otherwise 
2326  qualifies for the exemption provided in this subsection. 
2327 
2328  A county or municipal ordinance regarding housing for older 
2329  persons may not contravene the provisions of this subsection. 
2330         (5) This part does not Nothing in ss. 760.20-760.37: 
2331         (a) Prohibit Prohibits a person engaged in the business of 
2332  furnishing appraisals of real property from considering taking 
2333  into consideration factors other than race, color, national 
2334  origin, sex, disability handicap, familial status, or religion. 
2335         (b) Limit Limits the applicability of any reasonable local 
2336  restriction regarding the maximum number of occupants permitted 
2337  to occupy a dwelling. 
2338         (c) Require Requires that a dwelling be made available to 
2339  an individual whose tenancy would constitute a direct threat to 
2340  the health or safety of other individuals or whose tenancy would 
2341  result in substantial physical damage to the property of others. 
2342         (d) Prohibit Prohibits conduct against a person because 
2343  such person has been convicted by any court of competent 
2344  jurisdiction of the illegal manufacture or distribution of a 
2345  controlled substance as defined under chapter 893. 
2346         Section 46. Section 760.30, Florida Statutes, is amended to 
2347  read: 
2348         760.30 Administration of ss. 760.20-760.37.— 
2349         (1) The commission shall administer the Fair Housing Act 
2350  and authority and responsibility for administering ss. 760.20 
2351  760.37 is in the commission. 
2352         (2) The commission may delegate any of its functions, 
2353  duties, and powers to its employees, including functions, 
2354  duties, and powers with respect to investigating, conciliating, 
2355  hearing, determining, ordering, certifying, reporting, or 
2356  otherwise acting as to any work, business, or matter under this 
2357  part ss. 760.20-760.37. 
2358         Section 47. Section 760.31, Florida Statutes, is amended to 
2359  read: 
2360         760.31 Powers and duties of commission.—The commission 
2361  shall: 
2362         (1) Conduct Make studies with respect to the nature and 
2363  extent of discriminatory housing practices in representative 
2364  urban, suburban, and rural communities throughout the state. 
2365         (2) Publish and disseminate reports, recommendations, and 
2366  information derived from such studies. 
2367         (3) Cooperate with and render technical assistance to 
2368  public or private agencies, organizations, and institutions 
2369  within the state which are formulating or carrying on programs 
2370  to prevent or eliminate discriminatory housing practices. 
2371         (4) Administer the programs and activities relating to 
2372  housing in a manner affirmatively to further the policies of the 
2373  Fair Housing Act ss. 760.20-760.37. 
2374         (5) Adopt rules necessary to administer this part implement 
2375  ss. 760.20-760.37 and govern the proceedings of the commission 
2376  in accordance with chapter 120. Commission rules may shall 
2377  clarify terms used with regard to disability handicapped 
2378  accessibility, exceptions from accessibility requirements based 
2379  on terrain or site characteristics, and requirements related to 
2380  housing for older persons. Commission rules must shall specify 
2381  the fee and the forms and procedures to be used for the 
2382  registration required by s. 760.29(4)(e). 
2383         Section 48. Section 760.32, Florida Statutes, is amended to 
2384  read: 
2385         760.32 Investigations; subpoenas; oaths.— 
2386         (1) In conducting an investigation, the commission shall 
2387  have access at all reasonable times to premises, records, 
2388  documents, individuals, and other evidence or possible sources 
2389  of evidence and may examine, record, and copy such materials and 
2390  take and record the testimony or statements of such persons as 
2391  are reasonably necessary for the furtherance of the 
2392  investigation, if provided the commission first complies with 
2393  the provisions of the State Constitution relating to 
2394  unreasonable searches and seizures. The commission may issue 
2395  subpoenas to compel its access to, or the production of, such 
2396  materials or the appearance of such persons, and may issue 
2397  interrogatories to a respondent, to the same extent and subject 
2398  to the same limitations as would apply if the subpoenas or 
2399  interrogatories were issued or served in aid of a civil action 
2400  in court. The commission may also use any other method of 
2401  discovery authorized by the Florida Rules of Civil Procedure. 
2402  The commission may administer oaths. 
2403         (2) Upon written application to the commission, a 
2404  respondent is shall be entitled to the issuance of a reasonable 
2405  number of subpoenas by, and in the name of, the commission to 
2406  the same extent, and subject to the same limitations, as 
2407  subpoenas issued by the commission itself. A subpoena issued at 
2408  the request of a respondent must shall show on its face the name 
2409  and address of the such respondent and shall state that it was 
2410  issued at her or his request. 
2411         (3) Within 5 days after service of a subpoena upon any 
2412  person, such person may petition the commission to revoke or 
2413  modify the subpoena. The commission shall grant the petition if 
2414  it finds that the subpoena requires appearance or attendance at 
2415  an unreasonable time or place, that it requires production of 
2416  evidence that which does not relate to any matter under 
2417  investigation, or that it does not describe with sufficient 
2418  particularity the evidence to be produced; if it finds, or that 
2419  compliance would be unduly onerous; or for other good reason. 
2420         (4) In case of refusal to obey a subpoena, the commission 
2421  or the person at whose request the subpoena was issued may 
2422  petition for its enforcement in the circuit court for the county 
2423  in which the person to whom the subpoena was addressed resides, 
2424  was served, or transacts business. 
2425         (5) Witnesses summoned by commission subpoena are of the 
2426  commission shall be entitled to the same witness and mileage 
2427  fees as are witnesses in proceedings in court. Fees payable to a 
2428  witness summoned by a subpoena issued at the request of a 
2429  respondent shall be paid by the respondent. 
2430         Section 49. Section 760.34, Florida Statutes, is amended to 
2431  read: 
2432         760.34 Enforcement.— 
2433         (1) Any person who claims to have been injured by a 
2434  discriminatory housing practice or who believes that he or she 
2435  will be injured by a discriminatory housing practice that is 
2436  about to occur may file a complaint with the commission. 
2437  Complaints must shall be in writing and shall contain such 
2438  information and be in such form as the commission requires. Upon 
2439  receipt of such a complaint, the commission shall furnish a copy 
2440  to the person or persons who allegedly committed the 
2441  discriminatory housing practice or is are about to commit the 
2442  alleged discriminatory housing practice. Within 100 days after 
2443  receiving a complaint, or within 100 days after the expiration 
2444  of any period of reference under subsection (3), the commission 
2445  shall investigate the complaint and give notice in writing to 
2446  the person aggrieved whether it intends to resolve it. If the 
2447  commission decides to resolve the complaint, it shall proceed to 
2448  attempt try to eliminate or correct the alleged discriminatory 
2449  housing practice by informal methods of conference, 
2450  conciliation, and persuasion. If Insofar as possible, 
2451  conciliation meetings shall be held in the cities or other 
2452  localities where the discriminatory housing practices allegedly 
2453  occurred. Anything Nothing said or done in the course of such 
2454  informal endeavors may not be made public or used as evidence in 
2455  a subsequent proceeding under this part ss. 760.20-760.37 
2456  without the written consent of the persons concerned. An Any 
2457  employee of the commission who makes public any information in 
2458  violation of this provision commits is guilty of a misdemeanor 
2459  of the first degree, punishable as provided in s. 775.082 or s. 
2460  775.083. 
2461         (2) A complaint under subsection (1) must be filed within 1 
2462  year after the alleged discriminatory housing practice occurred. 
2463  The complaint must be in writing and shall state the facts upon 
2464  which the allegations of a discriminatory housing practice are 
2465  based. A complaint may be reasonably and fairly amended at any 
2466  time. A respondent may file a response an answer to the 
2467  complaint against him or her and, with the leave of the 
2468  commission, which shall be granted if whenever it would be 
2469  reasonable and fair to do so, may amend his or her response 
2470  answer at any time. The Both complaint and response must answer 
2471  shall be verified. 
2472         (3) If Wherever a local fair housing law provides rights 
2473  and remedies for alleged discriminatory housing practices which 
2474  are substantially equivalent to the rights and remedies provided 
2475  under this part in ss. 760.20-760.37, the commission shall 
2476  notify the appropriate local agency of any complaint filed under 
2477  this part ss. 760.20-760.37 which appears to constitute a 
2478  violation of the local fair housing law., and The commission may 
2479  shall take no further action with respect to such complaint if 
2480  the local law enforcement official has, within 30 days after 
2481  from the date the alleged offense was brought to his or her 
2482  attention, commenced proceedings in the matter. In no event 
2483  shall The commission may not take further action unless it 
2484  certifies that in its judgment, under the circumstances of the 
2485  particular case, the protection of the rights of the parties or 
2486  the interests of justice require such action. 
2487         (4) If a charge is filed with the commission and the 
2488  commission concludes on the basis of a preliminary investigation 
2489  that prompt judicial action is necessary to carry out the 
2490  purposes of this part, the commission may bring an action for 
2491  appropriate temporary or preliminary relief pending final 
2492  disposition of such charge. Any temporary restraining order or 
2493  other order granting preliminary or temporary relief shall be 
2494  issued in accordance with the Florida Rules of Civil Procedure. 
2495  If the court finds that the respondent has or is engaged in an 
2496  unlawful practice under this part as charged in the complaint, 
2497  the court may enjoin the respondent from engaging in such 
2498  unlawful practice and order such affirmative relief as it deems 
2499  appropriate. 
2500         (5)(4) If, within 180 days after a complaint is filed with 
2501  the commission or within 180 days after expiration of any period 
2502  of reference under subsection (3), the commission cannot has 
2503  been unable to obtain voluntary compliance with this part ss. 
2504  760.20-760.37, the person aggrieved may commence a civil action 
2505  in any appropriate court against the respondent named in the 
2506  complaint or petition for an administrative determination 
2507  pursuant to s. 760.35 to enforce the rights granted or protected 
2508  under this part by ss. 760.20-760.37. 
2509         (a) If, as a result of its investigation under subsection 
2510  (1), the commission finds there is reasonable cause to believe 
2511  that a discriminatory housing practice has occurred, at the 
2512  request of the person aggrieved, the Attorney General shall 
2513  bring an action in the name of the state on behalf of the 
2514  aggrieved person to enforce the provisions of this part ss. 
2515  760.20-760.37. 
2516         (b) If the commission determines that there is no 
2517  reasonable cause to believe that a discriminatory housing 
2518  practice has occurred, the commission shall dismiss the 
2519  complaint. The aggrieved person may request an administrative 
2520  hearing under ss. 120.569 and 120.57, but such request must be 
2521  made within 30 days after the service of the notice of the 
2522  determination of no reasonable cause, or is barred. Such hearing 
2523  must be heard by an administrative law judge and not by the 
2524  commission or a commissioner. 
2525         1. If the administrative law judge finds that a 
2526  discriminatory housing practice has occurred, he or she shall 
2527  issue an appropriate recommended order to the commission. Within 
2528  90 days after the date the recommended order is rendered, the 
2529  commission shall issue a final order by adopting, rejecting, or 
2530  modifying the recommended order as provided under ss. 120.569 
2531  and 120.57. The 90-day period may be extended with the consent 
2532  of all parties. 
2533         2. If the final order issued by the commission determines 
2534  that a discriminatory housing practice has occurred, the 
2535  aggrieved person may: 
2536         a. Request the Attorney General to bring an action in the 
2537  name of the state on behalf of the aggrieved person to enforce 
2538  the provisions of this part; or 
2539         b. Proceed with the case pursuant to subsection (7) or 
2540  subsection (8) as if there has been a determination of 
2541  reasonable cause. 
2542         3. In any action or proceeding under this subsection, the 
2543  commission may allow the prevailing party reasonable attorney’s 
2544  fees as part of the costs. It is the intent of the Legislature 
2545  that provision for attorney’s fees be interpreted in a manner 
2546  consistent with federal case law involving an action under Title 
2547  VIII. 
2548         (6)(5) In any proceeding brought pursuant to this section 
2549  or s. 760.35, the burden of proof is on the complainant. 
2550         (7)(6) If Whenever an action filed in court pursuant to 
2551  this section or s. 760.35 comes to trial, the commission shall 
2552  immediately terminate all efforts to obtain voluntary 
2553  compliance. 
2554         (8)(7)(a) The commission may institute a civil action in 
2555  any appropriate court if it cannot is unable to obtain voluntary 
2556  compliance with the provisions of this part ss. 760.20-760.37. 
2557  The commission need not have petitioned for an administrative 
2558  hearing or exhausted its administrative remedies before prior to 
2559  bringing a civil action. The court shall award reasonable 
2560  attorney’s fees and costs to the commission in any action in 
2561  which the commission prevails. 
2562         (9)(b) The court may impose the following fines for each 
2563  violation of this part ss. 760.20-760.37: 
2564         (a)1. Up to $10,000, if the respondent has not previously 
2565  been found guilty of a violation of this part ss. 760.20-760.37. 
2566         (b)2. Up to $25,000, if the respondent has been found 
2567  guilty of one prior violation of this part ss. 760.20-760.37 
2568  within the preceding 5 years. 
2569         (c)3. Up to $50,000, if the respondent has been found 
2570  guilty of two or more violations of this part ss. 760.20-760.37 
2571  within the preceding 7 years. 
2572 
2573  In imposing a fine under this subsection paragraph, the court 
2574  shall consider the nature and circumstances of the violation, 
2575  the degree of culpability, the history of prior violations of 
2576  ss. 760.20-760.37, the financial circumstances of the 
2577  respondent, and the goal of deterring future violations of ss. 
2578  760.20-760.37. 
2579         (c) The court shall award reasonable attorney’s fees and 
2580  costs to the commission in any action in which the commission 
2581  prevails. 
2582         (10)(8) Any local agency certified as substantially 
2583  equivalent may institute a civil action in any appropriate 
2584  court, including circuit court, if it cannot is unable to obtain 
2585  voluntary compliance with the local fair housing law. The agency 
2586  need not have petitioned for an administrative hearing or 
2587  exhausted its administrative remedies before prior to bringing a 
2588  civil action. The court may impose fines as provided in the 
2589  local fair housing law. 
2590         Section 50. Section 760.35, Florida Statutes, is amended to 
2591  read: 
2592         760.35 Civil actions and relief; administrative 
2593  procedures.— 
2594         (1) A civil action must shall be commenced within no later 
2595  than 2 years after an alleged discriminatory housing practice 
2596  has occurred. The computation of the 2-year period does not 
2597  include any time during which an administrative proceeding was 
2598  pending with respect to a complaint or charge based upon such 
2599  discriminatory housing practice under this part. This does not 
2600  apply to actions arising from a breach of a conciliation 
2601  agreement. However, the court shall continue a civil case 
2602  brought pursuant to this section or s. 760.34 from time to time 
2603  before bringing it to trial if the court believes that the 
2604  conciliation efforts of the commission or local agency are 
2605  likely to result in satisfactory settlement of the 
2606  discriminatory housing practice complained of in the complaint 
2607  made to the commission or to the local agency and which practice 
2608  forms the basis for the action in court. Any sale, encumbrance, 
2609  or rental consummated before prior to the issuance of a any 
2610  court order issued under this part the authority of ss. 760.20 
2611  760.37 and involving a bona fide purchaser, encumbrancer, or 
2612  tenant without actual notice of the existence of the filing of a 
2613  complaint or civil action under this part is the provisions of 
2614  ss. 760.20-760.37 shall not be affected. 
2615         (2) If the court finds that a discriminatory housing 
2616  practice has occurred, it shall issue an order prohibiting the 
2617  practice and providing affirmative relief from the effects of 
2618  the practice, including injunctive and other equitable relief, 
2619  actual and punitive damages, and reasonable attorney’s fees and 
2620  costs. 
2621         (3)(a) If the commission cannot is unable to obtain 
2622  voluntary compliance with this part ss. 760.20-760.37 or has 
2623  reasonable cause to believe that a discriminatory practice has 
2624  occurred,: 
2625         1. the commission may institute an administrative 
2626  proceeding under chapter 120,; or 
2627         2. the person aggrieved may request administrative relief 
2628  under chapter 120 within 30 days after receiving notice that the 
2629  commission has concluded its investigation under s. 760.34. 
2630         (a)(b) Administrative hearings shall be conducted pursuant 
2631  to ss. 120.569 and 120.57(1). The respondent must be served 
2632  written notice by certified mail. If the administrative law 
2633  judge finds that a discriminatory housing practice has occurred 
2634  or is about to occur, he or she shall issue a recommended order 
2635  to the commission prohibiting the practice and recommending 
2636  affirmative relief from the effects of the practice, including 
2637  quantifiable damages and reasonable attorney’s fees and costs. 
2638  The commission may adopt, reject, or modify a recommended order 
2639  only as provided under s. 120.57(1). Judgment for the amount of 
2640  damages and costs assessed pursuant to a final order by the 
2641  commission may be entered in any court having jurisdiction 
2642  thereof and may be enforced as any other judgment. 
2643         (b)(c) The district courts of appeal may, upon the filing 
2644  of appropriate notices of appeal, review final orders of the 
2645  commission pursuant to s. 120.68. Costs or fees may not be 
2646  assessed against the commission in any appeal from a final order 
2647  issued by the commission under this subsection. Unless 
2648  specifically ordered by the court, the commencement of an appeal 
2649  does not suspend or stay an order of the commission. 
2650         (c)(d) This subsection does not prevent any other legal or 
2651  administrative action provided by law. 
2652         Section 51. Section 760.36, Florida Statutes, is amended to 
2653  read: 
2654         760.36 Conciliation agreements.—Any conciliation agreement 
2655  arising out of conciliation efforts by the Florida commission on 
2656  Human Relations pursuant to the Fair Housing Act must be agreed 
2657  to by the respondent and the complainant and is subject to the 
2658  approval of the commission. Notwithstanding the provisions of s. 
2659  760.11(12) and (13) 760.11(11) and (12), each conciliation 
2660  agreement arising out of a complaint filed under the Fair 
2661  Housing act shall be made public unless the complainant and the 
2662  respondent otherwise agree and the commission determines that 
2663  disclosure is not required to further the purposes of the 
2664  Florida Fair Housing act. 
2665         Section 52. Section 760.37, Florida Statutes, is amended to 
2666  read: 
2667         760.37 Interference, coercion, or intimidation; enforcement 
2668  by administrative or civil action.—It is unlawful to coerce, 
2669  intimidate, threaten, or interfere with any person in the 
2670  exercise of, or on account of her or his having exercised, or on 
2671  account of her or his having aided or encouraged any other 
2672  person in the exercise of any right granted under this part ss. 
2673  760.20-760.37. This section may be enforced by appropriate 
2674  administrative or civil action. 
2675         Section 53. Section 760.38, Florida Statutes, is created to 
2676  read: 
2677         760.38 Recovery of expenditures by the commission.— 
2678         (1) The commission may recover expenditures for any state 
2679  funded products or services furnished to any person seeking 
2680  administrative or judicial relief and who possesses the present 
2681  ability to pay. The rate of compensation must include the actual 
2682  cost, including cost of recovery, of court reporter services and 
2683  transcriptions, court interpreter services and translation, and 
2684  any other product or service for which state funds were incurred 
2685  by the commission due to persons seeking administrative or 
2686  judicial relief. 
2687         (2) Funds received by the commission pursuant to this 
2688  section shall be deposited into the commission’s trust fund to 
2689  assist the commission in defraying some of the costs associated 
2690  with parties seeking administrative or judicial relief. 
2691         Section 54. Section 760.381, Florida Statutes, is created 
2692  to read: 
2693         760.381 Fees.– 
2694         (1) The commission may charge fees for products or services 
2695  provided in the performance of its duties under this part in 
2696  amounts not to exceed: 
2697         (a) For examining, comparing, correcting, verifying, and 
2698  certifying transcripts of record in appellate proceedings, 
2699  prepared by the attorney for appellant or someone other than the 
2700  commission clerk, per page						$5. 
2701         (b) For preparing, numbering, and indexing an original 
2702  record of appellate proceedings, per instrument		$3.50 
2703         (c) For certifying copies of any instrument		$2. 
2704         (d) For verifying any instrument presented for 
2705  certification prepared by someone other than the commission 
2706  clerk, per page								$3.50. 
2707         (e) For writing any other paper, same as for copying, 
2708  including signing and sealing						$7. 
2709         (f) For indexing each entry not recorded		$1. 
2710 
2711  The clerk of the commission may provide the requested 
2712  information or record in an electronic format in lieu of a hard 
2713  copy if ready accessibility by the requesting entity is 
2714  available. 
2715         (2) Any funds received by the commission pursuant to this 
2716  section shall be deposited into the commission’s trust fund. 
2717         Section 55. Section 760.382, Florida Statutes, is created 
2718  to read: 
2719         760.382 Mediation services.— 
2720         (1) Mediation, arbitration, and conciliation services must 
2721  be available and accessible by all parties to any discrimination 
2722  complaint filed with the commission regardless of financial 
2723  status. 
2724         (2) A person serving as a mediator in any action pursuant 
2725  to this part is immune from liability arising from the 
2726  performance of that person’s duties while acting within the 
2727  scope of the mediation function if mediation is required by law 
2728  or agency rule or order, conducted by express agreement of the 
2729  mediation parties, or facilitated by a mediator certified by the 
2730  Supreme Court. The mediator is not immune from liability if he 
2731  or she acts in bad faith, with malicious purpose, or in a manner 
2732  exhibiting wanton and willful disregard of human rights, safety, 
2733  or property. 
2734         Section 56. Section 760.383, Florida Statutes, is created 
2735  to read: 
2736         760.383 Computation of time.—In computing any period of 
2737  time under this part, the day of the act, event, or default from 
2738  which the designated period of time begins to run is not 
2739  included. The last day of the period is included unless it is a 
2740  Saturday, Sunday, or legal state holiday, in which case the 
2741  designated period ends on the next day that is not a Saturday, 
2742  Sunday, or legal state holiday. If the period of time prescribed 
2743  or allowed is less than 7 days, intermediate Saturdays, Sundays, 
2744  and legal state holidays are excluded from the computation. 
2745         Section 57. Subsection (2) of section 760.50, Florida 
2746  Statutes, is amended to read: 
2747         760.50 Discrimination on the basis of AIDS, AIDS-related 
2748  complex, and HIV prohibited.— 
2749         (2) Any person with or perceived as having acquired immune 
2750  deficiency syndrome, acquired immune deficiency syndrome related 
2751  complex, or human immunodeficiency virus shall have every 
2752  protection made available to persons who have a disability 
2753  handicapped persons. 
2754         Section 58. Subsection (1) of section 760.60, Florida 
2755  Statutes, is amended to read: 
2756         760.60 Discriminatory practices of certain clubs 
2757  prohibited; remedies.— 
2758         (1) It is unlawful for a person to discriminate against any 
2759  individual because of race, color, religion, sex gender, 
2760  national origin, disability handicap, age above the age of 21, 
2761  or marital status in evaluating an application for membership in 
2762  a club that has more than 400 members, that provides regular 
2763  meal service, and that regularly receives payment for dues, 
2764  fees, use of space, facilities, services, meals, or beverages 
2765  directly or indirectly from nonmembers for business purposes. It 
2766  is unlawful for a person, on behalf of such a club, to publish, 
2767  circulate, issue, display, post, or mail any advertisement, 
2768  notice, or solicitation that contains a statement to the effect 
2769  that the accommodations, advantages, facilities, membership, or 
2770  privileges of the club are denied to any individual because of 
2771  race, color, religion, sex gender, national origin, disability 
2772  handicap, age above the age of 21, or marital status. This 
2773  subsection does not apply to fraternal or benevolent 
2774  organizations, ethnic clubs, or religious organizations where 
2775  business activity is not prevalent. 
2776         Section 59. Paragraph (g) of subsection (7) of section 
2777  849.086, Florida Statutes, is amended to read: 
2778         849.086 Cardrooms authorized.— 
2779         (7) CONDITIONS FOR OPERATING A CARDROOM.— 
2780         (g) A cardroom operator may refuse entry to or refuse to 
2781  allow any person who is objectionable, undesirable, or 
2782  disruptive to play, but such refusal may not be on the basis of 
2783  race, creed, color, religion, sex gender, national origin, 
2784  marital status, physical disability handicap, or age, except as 
2785  provided in this section. 
2786         Section 60. Paragraph (b) of subsection (10) of section 
2787  849.0931, Florida Statutes, is amended to read: 
2788         849.0931 Bingo authorized; conditions for conduct; 
2789  permitted uses of proceeds; limitations.— 
2790         (10) 
2791         (b) Any organization conducting bingo open to the public 
2792  may refuse entry to any person who is objectionable or 
2793  undesirable to the sponsoring organization, but such refusal of 
2794  entry may shall not be on the basis of race, creed, color, 
2795  religion, sex, national origin, marital status, or physical 
2796  disability handicap. 
2797         Section 61. Subsection (1) of section 874.02, Florida 
2798  Statutes, is amended to read: 
2799         874.02 Legislative findings and intent.— 
2800         (1) The Legislature finds that it is the right of every 
2801  person, regardless of race, color, creed, religion, national 
2802  origin, sex, age, sexual orientation, or disability handicap, to 
2803  be secure and protected from fear, intimidation, and physical 
2804  harm caused by the activities of criminal gangs and their 
2805  members. It is not the intent of this chapter to interfere with 
2806  the exercise of the constitutionally protected rights of freedom 
2807  of expression and association. The Legislature recognizes the 
2808  constitutional right of every citizen to harbor and express 
2809  beliefs on any lawful subject whatsoever, to lawfully associate 
2810  with others who share similar beliefs, to petition lawfully 
2811  constituted authority for a redress of perceived grievances, and 
2812  to participate in the electoral process. 
2813         Section 62. Paragraph (a) of subsection (4) of section 
2814  1004.447, Florida Statutes, is amended to read: 
2815         1004.447 Florida Institute for Human and Machine Cognition, 
2816  Inc.— 
2817         (4) The articles of incorporation of the corporation or any 
2818  authorized and approved subsidiary must be approved in a written 
2819  agreement by the Board of Governors. The agreement and the 
2820  articles of incorporation shall: 
2821         (a) Provide that the corporation and any authorized and 
2822  approved subsidiary shall provide equal employment opportunities 
2823  for all persons regardless of race, color, religion, sex gender, 
2824  national origin, age, disability handicap, or marital status. 
2825         Section 63. Subsection (2) of section 1012.855, Florida 
2826  Statutes, is amended to read: 
2827         1012.855 Employment of community college personnel; 
2828  discrimination in granting salary prohibited.— 
2829         (2) Each community college board of trustees shall 
2830  undertake a program to eradicate any discrimination on the basis 
2831  of sex gender, race, or physical disability handicap in the 
2832  granting of salaries to employees. 
2833         Section 64. This act shall take effect July 1, 2010.