Bill Text: FL S0798 | 2010 | Regular Session | Introduced

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Bill Title: Prohibited Discrimination [EPSC]

Sponsorship: Partisan Bill (Democrat 3)

Status: (Failed) 2010-04-30 - Died in Committee on Community Affairs [S0798 Detail]

Download: Florida-2010-S0798-Introduced.html

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Florida Senate - 2010                                     SB 798 
 
By Senator Gelber 
35-00652A-10                                           2010798__ 
1                        A bill to be entitled 
2         An act relating to prohibited discrimination; 
3         providing a short title; amending s. 760.01, F.S.; 
4         revising provisions to include sexual orientation and 
5         gender identity or expression as impermissible grounds 
6         for discrimination; conforming terminology; amending 
7         s. 760.02, F.S.; defining additional terms; creating 
8         s. 760.025, F.S.; specifying when an individual has an 
9         impairment for certain purposes; amending ss. 760.05, 
10         760.07, 760.08, and 760.10, F.S.; revising provisions 
11         to include sexual orientation and gender identity or 
12         expression as impermissible grounds for 
13         discrimination; conforming terminology; amending s. 
14         509.092, F.S.; revising provisions to include sexual 
15         orientation and gender identity or expression as 
16         impermissible grounds for discrimination in public 
17         lodging establishments and public food service 
18         establishments; amending s. 760.22, F.S.; defining 
19         additional terms; deleting the definition of the term 
20         “handicap”; creating s. 760.225, F.S.; specifying when 
21         an individual has an impairment for certain purposes; 
22         amending ss. 760.23, 760.24, 760.25, 760.26, and 
23         760.29, F.S.; revising provisions to include sexual 
24         orientation and gender identity or expression as 
25         impermissible grounds for discrimination; conforming 
26         terminology; amending ss. 760.31 and 760.50, F.S.; 
27         conforming terminology; amending s. 760.60, F.S.; 
28         revising provisions to include sexual orientation and 
29         gender identity or expression as impermissible grounds 
30         for discrimination; conforming terminology; amending 
31         s. 419.001, F.S.; conforming a cross-reference; 
32         providing an effective date. 
33 
34  Be It Enacted by the Legislature of the State of Florida: 
35 
36         Section 1. This act may be cited as the “Competitive 
37  Workforce Act.” 
38         Section 2. Subsection (2) of section 760.01, Florida 
39  Statutes, is amended to read: 
40         760.01 Purposes; construction; title.— 
41         (2) The general purposes of the Florida Civil Rights Act of 
42  1992 are to secure for all individuals within the state freedom 
43  from discrimination because of race, color, religion, sex, 
44  national origin, age, disability, sexual orientation, gender 
45  identity or expression handicap, or marital status and thereby 
46  to protect their interest in personal dignity, to make available 
47  to the state their full productive capacities, to secure the 
48  state against domestic strife and unrest, to preserve the public 
49  safety, health, and general welfare, and to promote the 
50  interests, rights, and privileges of individuals within the 
51  state. 
52         Section 3. Section 760.02, Florida Statutes, is amended to 
53  read: 
54         760.02 Definitions.—For the purposes of ss. 760.01-760.11 
55  and 509.092, the term: 
56         (1) “Aggrieved person” means any person who files a 
57  complaint with the Florida Commission on Human Relations 
58  “Florida Civil Rights Act of 1992” means ss. 760.01-760.11 and 
59  509.092. 
60         (2) “Commission” means the Florida Commission on Human 
61  Relations created by s. 760.03. 
62         (3) “Commissioner” or “member” means a member of the 
63  commission. 
64         (4) “Disability” means: 
65         (a) A physical or mental impairment that substantially 
66  limits one or more of the major life activities of the 
67  individual; 
68         (b) A record of such impairment; 
69         (c) Being regarded as having such an impairment; or 
70         (d) Having a developmental disability as defined in s. 
71  393.063. 
72         (5)(4) “Discriminatory practice” means any practice made 
73  unlawful by the Florida Civil Rights Act of 1992. 
74         (6) “Employer” means any person employing 15 or more 
75  employees for each working day in each of 20 or more calendar 
76  weeks in the current or preceding calendar year, and any agent 
77  of such a person. 
78         (7) “Employment agency” means any person regularly 
79  undertaking, with or without compensation, to procure employees 
80  for an employer or to procure for employees opportunities to 
81  work for an employer, and includes an agent of such a person. 
82         (8) “Florida Civil Rights Act of 1992” means ss. 760.01 
83  760.11 and 509.092. 
84         (9) “Gender identity or expression” means a gender-related 
85  identity, appearance, expression, or behavior of an individual, 
86  regardless of the individual’s assigned sex at birth. 
87         (10) “Labor organization” means any organization that 
88  exists for the purpose, in whole or in part, of collective 
89  bargaining or of dealing with employers concerning grievances, 
90  terms or conditions of employment, or other mutual aid or 
91  protection in connection with employment. 
92         (11) “Major life activities” includes, but is not limited 
93  to: 
94         (a) Caring for oneself, performing manual tasks, and 
95  functioning in a workplace environment. 
96         (b) Major bodily functions, including, but not limited to, 
97  visual, auditory, aural, and cognitive functions; functions of 
98  the immune, digestive, neurological, respiratory, circulatory, 
99  endocrine, and reproductive systems; normal cell growth; and 
100  functions of the bowel, bladder, and brain. 
101         (12)(5) “National origin” includes ancestry. 
102         (13)(6) “Person” includes an individual, association, 
103  corporation, joint apprenticeship committee, joint-stock 
104  company, labor union, legal representative, mutual company, 
105  partnership, receiver, trust, trustee in bankruptcy, or 
106  unincorporated organization; any other legal or commercial 
107  entity; the state; or any governmental entity or agency. 
108         (7) “Employer” means any person employing 15 or more 
109  employees for each working day in each of 20 or more calendar 
110  weeks in the current or preceding calendar year, and any agent 
111  of such a person. 
112         (8) “Employment agency” means any person regularly 
113  undertaking, with or without compensation, to procure employees 
114  for an employer or to procure for employees opportunities to 
115  work for an employer, and includes an agent of such a person. 
116         (9) “Labor organization” means any organization which 
117  exists for the purpose, in whole or in part, of collective 
118  bargaining or of dealing with employers concerning grievances, 
119  terms or conditions of employment, or other mutual aid or 
120  protection in connection with employment. 
121         (10) “Aggrieved person” means any person who files a 
122  complaint with the Human Relations Commission. 
123         (14)(11) “Public accommodations” means places of public 
124  accommodation, lodgings, facilities principally engaged in 
125  selling food for consumption on the premises, gasoline stations, 
126  places of exhibition or entertainment, and other covered 
127  establishments. Each of the following establishments which 
128  serves the public is a place of public accommodation within the 
129  meaning of this section: 
130         (a) Any inn, hotel, motel, or other establishment that 
131  which provides lodging to transient guests, other than an 
132  establishment located within a building that which contains not 
133  more than four rooms for rent or hire and that which is actually 
134  occupied by the proprietor of such establishment as his or her 
135  residence. 
136         (b) Any restaurant, cafeteria, lunchroom, lunch counter, 
137  soda fountain, or other facility principally engaged in selling 
138  food for consumption on the premises, including, but not limited 
139  to, any such facility located on the premises of any retail 
140  establishment, or any gasoline station. 
141         (c) Any motion picture theater, theater, concert hall, 
142  sports arena, stadium, or other place of exhibition or 
143  entertainment. 
144         (d) Any establishment that which is physically located 
145  within the premises of any establishment otherwise covered by 
146  this subsection, or within the premises of which is physically 
147  located any such covered establishment, and which holds itself 
148  out as serving patrons of such covered establishment. 
149         (15) “Sexual orientation” means an individual’s actual or 
150  perceived heterosexuality, homosexuality, or bisexuality. 
151         Section 4. Section 760.025, Florida Statutes, is created to 
152  read: 
153         760.025 Impairment.—For purposes of this part, an 
154  individual who has been subjected to an action prohibited under 
155  this chapter because of an actual or perceived physical or 
156  mental impairment, regardless of whether the impairment limits 
157  or is perceived to limit a major life activity, has an 
158  impairment. An impairment that limits one major life activity 
159  may be considered a disability; however, a transitory or minor 
160  impairment may not be considered a disability. An impairment 
161  that is episodic or in remission is considered to be a 
162  disability if it substantially limits at least one major life 
163  activity when the impairment is active or not in remission. The 
164  determination of whether an impairment substantially limits at 
165  least one major life activity must be made without regard to the 
166  ameliorative effects of mitigating measures, such as medication; 
167  medical supplies; equipment or appliances; low-vision devices, 
168  not including ordinary eyeglasses or contact lenses; 
169  prosthetics, including artificial limbs and devices, hearing 
170  aids and cochlear implants or other implantable hearing devices, 
171  and mobility devices; oxygen therapy equipment and supplies; use 
172  of assistive technology; reasonable accommodations or auxiliary 
173  aids or services, including qualified interpreters or other 
174  effective measures of making aurally delivered materials 
175  available to individuals with hearing impairments; qualified 
176  readers; taped texts or other effective methods of making 
177  visually delivered materials available to individuals with 
178  visual impairments; acquisition or modification of equipment and 
179  devices and other similar services and actions; or learned 
180  behavioral or adaptive neurological modifications. 
181         Section 5. Section 760.05, Florida Statutes, is amended to 
182  read: 
183         760.05 Functions of the commission.—The commission shall 
184  promote and encourage fair treatment and equal opportunity for 
185  all persons regardless of race, color, religion, sex, national 
186  origin, age, disability, sexual orientation, gender identity or 
187  expression handicap, or marital status and mutual understanding 
188  and respect among all members of society all economic, social, 
189  racial, religious, and ethnic groups; and the commission shall 
190  endeavor to eliminate discrimination against, and antagonism 
191  between, persons on the basis of race, color, religion, sex, 
192  national origin, age, disability, sexual orientation, gender 
193  identity or expression, or marital status religious, racial, and 
194  ethnic groups and their members. 
195         Section 6. Section 760.07, Florida Statutes, is amended to 
196  read: 
197         760.07 Remedies for unlawful discrimination.—Any violation 
198  of any Florida statute making unlawful discrimination because of 
199  race, color, religion, gender, national origin, age, disability, 
200  sexual orientation, gender identity or expression handicap, or 
201  marital status in the areas of education, employment, housing, 
202  or public accommodations gives rise to a cause of action for all 
203  relief and damages described in s. 760.11(5), unless greater 
204  damages are expressly provided for. If the statute prohibiting 
205  unlawful discrimination provides an administrative remedy, the 
206  action for equitable relief and damages provided for in this 
207  section may be initiated only after the plaintiff has exhausted 
208  his or her administrative remedy. The term “public 
209  accommodations” does not include lodge halls or other similar 
210  facilities of private organizations which are made available for 
211  public use occasionally or periodically. The right to trial by 
212  jury is preserved in any case in which the plaintiff is seeking 
213  actual or punitive damages. 
214         Section 7. Section 760.08, Florida Statutes, is amended to 
215  read: 
216         760.08 Discrimination in places of public accommodation. 
217  All persons shall be entitled to the full and equal enjoyment of 
218  the goods, services, facilities, privileges, advantages, and 
219  accommodations of any place of public accommodation, as defined 
220  in this chapter, without discrimination or segregation on the 
221  ground of race, color, national origin, sex, disability, sexual 
222  orientation, gender identity or expression handicap, familial 
223  status, or religion. 
224         Section 8. Subsections (1) and (2), paragraphs (a) and (b) 
225  of subsection (3), subsections (4), (5), and (6), and paragraph 
226  (a) of subsection (8) of section 760.10, Florida Statutes, are 
227  amended to read: 
228         760.10 Unlawful employment practices.— 
229         (1) It is an unlawful employment practice for an employer: 
230         (a) To discharge or to fail or refuse to hire any 
231  individual, or otherwise to discriminate against any individual 
232  with respect to compensation, terms, conditions, or privileges 
233  of employment, because of such individual’s race, color, 
234  religion, sex, national origin, age, disability, sexual 
235  orientation, gender identity or expression handicap, or marital 
236  status. 
237         (b) To limit, segregate, or classify employees or 
238  applicants for employment in any way which would deprive or tend 
239  to deprive any individual of employment opportunities, or 
240  adversely affect any individual’s status as an employee, because 
241  of such individual’s race, color, religion, sex, national 
242  origin, age, disability, sexual orientation, gender identity or 
243  expression handicap, or marital status. 
244         (2) It is an unlawful employment practice for an employment 
245  agency to fail or refuse to refer for employment, or otherwise 
246  to discriminate against, any individual because of race, color, 
247  religion, sex, national origin, age, disability, sexual 
248  orientation, gender identity or expression handicap, or marital 
249  status or to classify or refer for employment any individual on 
250  the basis of race, color, religion, sex, national origin, age, 
251  disability, sexual orientation, gender identity or expression 
252  handicap, or marital status. 
253         (3) It is an unlawful employment practice for a labor 
254  organization: 
255         (a) To exclude or to expel from its membership, or 
256  otherwise to discriminate against, any individual because of 
257  race, color, religion, sex, national origin, age, disability, 
258  sexual orientation, gender identity or expression handicap, or 
259  marital status. 
260         (b) To limit, segregate, or classify its membership or 
261  applicants for membership, or to classify or fail or refuse to 
262  refer for employment any individual, in any way which would 
263  deprive or tend to deprive any individual of employment 
264  opportunities, or adversely affect any individual’s status as an 
265  employee or as an applicant for employment, because of such 
266  individual’s race, color, religion, sex, national origin, age, 
267  disability, sexual orientation, gender identity or expression 
268  handicap, or marital status. 
269         (4) It is an unlawful employment practice for any employer, 
270  labor organization, or joint labor-management committee 
271  controlling apprenticeship or other training or retraining, 
272  including on-the-job training programs, to discriminate against 
273  any individual because of race, color, religion, sex, national 
274  origin, age, disability, sexual orientation, gender identity or 
275  expression handicap, or marital status in admission to, or 
276  employment in, any program established to provide apprenticeship 
277  or other training. 
278         (5) Whenever, in order to engage in a profession, 
279  occupation, or trade, it is required that a person receive a 
280  license, certification, or other credential, become a member or 
281  an associate of any club, association, or other organization, or 
282  pass any examination, it is an unlawful employment practice for 
283  any person to discriminate against any other person seeking such 
284  license, certification, or other credential, seeking to become a 
285  member or associate of such club, association, or other 
286  organization, or seeking to take or pass such examination, 
287  because of such other person’s race, color, religion, sex, 
288  national origin, age, disability, sexual orientation, gender 
289  identity or expression handicap, or marital status. 
290         (6) It is an unlawful employment practice for an employer, 
291  labor organization, employment agency, or joint labor-management 
292  committee to print, or cause to be printed or published, any 
293  notice or advertisement relating to employment, membership, 
294  classification, referral for employment, or apprenticeship or 
295  other training, indicating any preference, limitation, 
296  specification, or discrimination, based on race, color, 
297  religion, sex, national origin, age, absence of disability, 
298  sexual orientation, gender identity or expression handicap, or 
299  marital status. 
300         (8) Notwithstanding any other provision of this section, it 
301  is not an unlawful employment practice under ss. 760.01-760.10 
302  for an employer, employment agency, labor organization, or joint 
303  labor-management committee to: 
304         (a) Take or fail to take any action on the basis of 
305  religion, sex, national origin, age, disability, sexual 
306  orientation, gender identity or expression handicap, or marital 
307  status in those certain instances in which religion, sex, 
308  national origin, age, absence of a particular disability, sexual 
309  orientation, gender identity or expression handicap, or marital 
310  status is a bona fide occupational qualification reasonably 
311  necessary for the performance of the particular employment to 
312  which such action or inaction is related. 
313         Section 9. Section 509.092, Florida Statutes, is amended to 
314  read: 
315         509.092 Public lodging establishments and public food 
316  service establishments; rights as private enterprises.—Public 
317  lodging establishments and public food service establishments 
318  are private enterprises, and the operator has the right to 
319  refuse accommodations or service to any person who is 
320  objectionable or undesirable to the operator, but such refusal 
321  may not be based upon race, creed, color, sex, physical 
322  disability, sexual orientation, gender identity or expression, 
323  or national origin. A person aggrieved by a violation of this 
324  section or a violation of a rule adopted under this section has 
325  a right of action pursuant to s. 760.11. 
326         Section 10. Section 760.22, Florida Statutes, is amended to 
327  read: 
328         760.22 Definitions.—As used in ss. 760.20-760.37, the term: 
329         (1) “Commission” means the Florida Commission on Human 
330  Relations. 
331         (2) “Covered multifamily dwelling” means: 
332         (a) A building that which consists of four or more units 
333  and has an elevator; or 
334         (b) The ground floor units of a building that which 
335  consists of four or more units and does not have an elevator. 
336         (3) “Disability” has the same meaning as provided in s. 
337  760.02. 
338         (4)(3) “Discriminatory housing practice” means an act that 
339  is unlawful under the terms of ss. 760.20-760.37. 
340         (5)(4) “Dwelling” means any building or structure, or 
341  portion thereof, which is occupied as, or designed or intended 
342  for occupancy as, a residence by one or more families, and any 
343  vacant land that which is offered for sale or lease for the 
344  construction or location on the land of any such building or 
345  structure, or portion thereof. 
346         (6)(5) “Familial status” is established when an individual 
347  who has not attained the age of 18 years is domiciled with: 
348         (a) A parent or other person having legal custody of such 
349  individual; or 
350         (b) A designee of a parent or other person having legal 
351  custody, with the written permission of such parent or other 
352  person. 
353         (7)(6) “Family” includes a single individual. 
354         (8) “Gender identity or expression” has the same meaning as 
355  provided in s. 760.02. 
356         (9) “ Major life activities “ has the same meaning as 
357  provided in s. 760.02. 
358         (7) “Handicap” means: 
359         (a) A person has a physical or mental impairment which 
360  substantially limits one or more major life activities, or he or 
361  she has a record of having, or is regarded as having, such 
362  physical or mental impairment; or 
363         (b) A person has a developmental disability as defined in 
364  s. 393.063. 
365         (10)(8) “Person” includes one or more individuals, 
366  corporations, partnerships, associations, labor organizations, 
367  legal representatives, mutual companies, joint-stock companies, 
368  trusts, unincorporated organizations, trustees, trustees in 
369  bankruptcy, receivers, and fiduciaries. 
370         (11) “Sexual orientation” has the same meaning as provided 
371  in s. 760.02. 
372         (12)(9) “Substantially equivalent” means an administrative 
373  subdivision of the State of Florida meeting the requirements of 
374  24 C.F.R. part 115, s. 115.6. 
375         (13) “Substantially limits” means to materially restrict an 
376  individual’s ability. 
377         (14)(10) “To rent” includes to lease, to sublease, to let, 
378  and otherwise to grant for a consideration the right to occupy 
379  premises not owned by the occupant. 
380         (15) “Transitory or minor impairment” means any impairment 
381  having an actual, apparent, or expected duration of 6 months or 
382  less. 
383         Section 11. Section 760.225, Florida Statutes, is created 
384  to read: 
385         760.225 Impairment.—For purposes of this part, an 
386  individual who has been subjected to an action prohibited under 
387  this chapter because of an actual or perceived physical or 
388  mental impairment, regardless of whether the impairment limits 
389  or is perceived to limit a major life activity, has an 
390  impairment. An impairment that limits one major life activity 
391  may be considered a disability; however, a transitory or minor 
392  impairment may not be considered a disability. An impairment 
393  that is episodic or in remission is considered a disability if 
394  it substantially limits at least one major life activity when 
395  the impairment is active or not in remission. The determination 
396  of whether an impairment substantially limits a major life 
397  activity must be made without regard to the ameliorative effects 
398  of mitigating measures, such as medication; medical supplies; 
399  equipment or appliances; low-vision devices, not including 
400  ordinary eyeglasses or contact lenses; prosthetics, including 
401  artificial limbs and devices, hearing aids and cochlear implants 
402  or other implantable hearing devices, and mobility devices; 
403  oxygen therapy equipment and supplies; use of assistive 
404  technology; reasonable accommodations or auxiliary aids or 
405  services, including qualified interpreters or other effective 
406  measures of making aurally delivered materials available to 
407  individuals with hearing impairments; qualified readers; taped 
408  texts or other effective methods of making visually delivered 
409  materials available to individuals with visual impairments; 
410  acquisition or modification of equipment and devices and other 
411  similar services and actions; or learned behavioral or adaptive 
412  neurological modifications. 
413         Section 12. Subsections (1), (2), (3), (4), (5), (7), and 
414  (8), paragraph (a) of subsection (9), and paragraphs (a) and (d) 
415  of subsection (10) of section 760.23, Florida Statutes, are 
416  amended to read: 
417         760.23 Discrimination in the sale or rental of housing and 
418  other prohibited practices.— 
419         (1) It is unlawful to refuse to sell or rent after the 
420  making of a bona fide offer, to refuse to negotiate for the sale 
421  or rental of, or otherwise to make unavailable or deny a 
422  dwelling to any person because of race, color, national origin, 
423  sex, disability, sexual orientation, gender identity or 
424  expression handicap, familial status, or religion. 
425         (2) It is unlawful to discriminate against any person in 
426  the terms, conditions, or privileges of sale or rental of a 
427  dwelling, or in the provision of services or facilities in 
428  connection therewith, because of race, color, national origin, 
429  sex, disability, sexual orientation, gender identity or 
430  expression handicap, familial status, or religion. 
431         (3) It is unlawful to make, print, or publish, or cause to 
432  be made, printed, or published, any notice, statement, or 
433  advertisement with respect to the sale or rental of a dwelling 
434  that indicates any preference, limitation, or discrimination 
435  based on race, color, national origin, sex, disability, sexual 
436  orientation, gender identity or expression handicap, familial 
437  status, or religion or an intention to make any such preference, 
438  limitation, or discrimination. 
439         (4) It is unlawful to represent to any person because of 
440  race, color, national origin, sex, disability, sexual 
441  orientation, gender identity or expression handicap, familial 
442  status, or religion that any dwelling is not available for 
443  inspection, sale, or rental when such dwelling is in fact so 
444  available. 
445         (5) It is unlawful, for profit, to induce or attempt to 
446  induce any person to sell or rent any dwelling by a 
447  representation regarding the entry or prospective entry into the 
448  neighborhood of a person or persons of a particular race, color, 
449  national origin, sex, disability, sexual orientation, gender 
450  identity or expression handicap, familial status, or religion. 
451         (7) It is unlawful to discriminate in the sale or rental 
452  of, or to otherwise make unavailable or deny, a dwelling to any 
453  buyer or renter because of a disability handicap of: 
454         (a) That buyer or renter; 
455         (b) A person residing in or intending to reside in that 
456  dwelling after it is sold, rented, or made available; or 
457         (c) Any person associated with the buyer or renter. 
458         (8) It is unlawful to discriminate against any person in 
459  the terms, conditions, or privileges of sale or rental of a 
460  dwelling, or in the provision of services or facilities in 
461  connection with such dwelling, because of a disability handicap 
462  of: 
463         (a) That buyer or renter; 
464         (b) A person residing in or intending to reside in that 
465  dwelling after it is sold, rented, or made available; or 
466         (c) Any person associated with the buyer or renter. 
467         (9) For purposes of subsections (7) and (8), discrimination 
468  includes: 
469         (a) A refusal to permit, at the expense of the handicapped 
470  person who has a disability, reasonable modifications of 
471  existing premises occupied or to be occupied by such person if 
472  such modifications may be necessary to afford such person full 
473  enjoyment of the premises; or 
474         (10) Covered multifamily dwellings as defined herein which 
475  are intended for first occupancy after March 13, 1991, shall be 
476  designed and constructed to have at least one building entrance 
477  on an accessible route unless it is impractical to do so because 
478  of the terrain or unusual characteristics of the site as 
479  determined by commission rule. Such buildings shall also be 
480  designed and constructed in such a manner that: 
481         (a) The public use and common use portions of such 
482  dwellings are readily accessible to and usable by handicapped 
483  persons who have disabilities. 
484         (d) Compliance with the appropriate requirements of the 
485  American National Standards Institute for buildings and 
486  facilities providing accessibility and usability for physically 
487  handicapped people who have physical disabilities, commonly 
488  cited as ANSI A117.1-1986, suffices to satisfy the requirements 
489  of paragraph (c). 
490 
491  State agencies with building construction regulation 
492  responsibility or local governments, as appropriate, shall 
493  review the plans and specifications for the construction of 
494  covered multifamily dwellings to determine consistency with the 
495  requirements of this subsection. 
496         Section 13. Section 760.24, Florida Statutes, is amended to 
497  read: 
498         760.24 Discrimination in the provision of brokerage 
499  services.—It is unlawful to deny any person access to, or 
500  membership or participation in, any multiple-listing service, 
501  real estate brokers’ organization, or other service, 
502  organization, or facility relating to the business of selling or 
503  renting dwellings, or to discriminate against him or her in the 
504  terms or conditions of such access, membership, or 
505  participation, on account of race, color, national origin, sex, 
506  disability, sexual orientation, gender identity or expression 
507  handicap, familial status, or religion. 
508         Section 14. Subsection (1) and paragraph (a) of subsection 
509  (2) of section 760.25, Florida Statutes, are amended to read: 
510         760.25 Discrimination in the financing of housing or in 
511  residential real estate transactions.— 
512         (1) It is unlawful for any bank, building and loan 
513  association, insurance company, or other corporation, 
514  association, firm, or enterprise the business of which consists 
515  in whole or in part of the making of commercial real estate 
516  loans to deny a loan or other financial assistance to a person 
517  applying for the loan for the purpose of purchasing, 
518  constructing, improving, repairing, or maintaining a dwelling, 
519  or to discriminate against him or her in the fixing of the 
520  amount, interest rate, duration, or other term or condition of 
521  such loan or other financial assistance, because of the race, 
522  color, national origin, sex, disability, sexual orientation, 
523  gender identity or expression handicap, familial status, or 
524  religion of such person or of any person associated with him or 
525  her in connection with such loan or other financial assistance 
526  or the purposes of such loan or other financial assistance, or 
527  because of the race, color, national origin, sex, disability, 
528  sexual orientation, gender identity or expression handicap, 
529  familial status, or religion of the present or prospective 
530  owners, lessees, tenants, or occupants of the dwelling or 
531  dwellings in relation to which such loan or other financial 
532  assistance is to be made or given. 
533         (2)(a) It is unlawful for any person or entity whose 
534  business includes engaging in residential real estate 
535  transactions to discriminate against any person in making 
536  available such a transaction, or in the terms or conditions of 
537  such a transaction, because of race, color, national origin, 
538  sex, disability, sexual orientation, gender identity or 
539  expression handicap, familial status, or religion. 
540         Section 15. Section 760.26, Florida Statutes, is amended to 
541  read: 
542         760.26 Prohibited discrimination in land use decisions and 
543  in permitting of development.—It is unlawful to discriminate in 
544  land use decisions or in the permitting of development based on 
545  race, color, national origin, sex, sexual orientation, gender 
546  identity or expression, disability, familial status, religion, 
547  or, except as otherwise provided by law, the source of financing 
548  of a development or proposed development. 
549         Section 16. Paragraph (a) of subsection (5) of section 
550  760.29, Florida Statutes, is amended to read: 
551         760.29 Exemptions.— 
552         (5) Nothing in ss. 760.20-760.37: 
553         (a) Prohibits a person engaged in the business of 
554  furnishing appraisals of real property from taking into 
555  consideration factors other than race, color, national origin, 
556  sex, disability, sexual orientation, gender identity or 
557  expression handicap, familial status, or religion. 
558         Section 17. Subsection (5) of section 760.31, Florida 
559  Statutes, is amended to read: 
560         760.31 Powers and duties of commission.—The commission 
561  shall: 
562         (5) Adopt rules necessary to implement ss. 760.20-760.37 
563  and govern the proceedings of the commission in accordance with 
564  chapter 120. Commission rules shall clarify terms used with 
565  regard to handicapped accessibility for persons with 
566  disabilities, exceptions from accessibility requirements based 
567  on terrain or site characteristics, and requirements related to 
568  housing for older persons. Commission rules shall specify the 
569  fee and the forms and procedures to be used for the registration 
570  required by s. 760.29(4)(e). 
571         Section 18. Subsection (2) of section 760.50, Florida 
572  Statutes, is amended to read: 
573         760.50 Discrimination on the basis of AIDS, AIDS-related 
574  complex, and HIV prohibited.— 
575         (2) Any person with or perceived as having acquired immune 
576  deficiency syndrome, acquired immune deficiency syndrome related 
577  complex, or human immunodeficiency virus shall have every 
578  protection made available to handicapped persons with 
579  disabilities. 
580         Section 19. Subsection (1) of section 760.60, Florida 
581  Statutes, is amended to read: 
582         760.60 Discriminatory practices of certain clubs 
583  prohibited; remedies.— 
584         (1) It is unlawful for a person to discriminate against any 
585  individual because of race, color, religion, gender, national 
586  origin, disability, sexual orientation, gender identity or 
587  expression handicap, age above the age of 21, or marital status 
588  in evaluating an application for membership in a club that has 
589  more than 400 members, that provides regular meal service, and 
590  that regularly receives payment for dues, fees, use of space, 
591  facilities, services, meals, or beverages directly or indirectly 
592  from nonmembers for business purposes. It is unlawful for a 
593  person, on behalf of such a club, to publish, circulate, issue, 
594  display, post, or mail any advertisement, notice, or 
595  solicitation that contains a statement to the effect that the 
596  accommodations, advantages, facilities, membership, or 
597  privileges of the club are denied to any individual because of 
598  race, color, religion, gender, national origin, disability, 
599  sexual orientation, gender identity or expression handicap, age 
600  above the age of 21, or marital status. This subsection does not 
601  apply to fraternal or benevolent organizations, ethnic clubs, or 
602  religious organizations where business activity is not 
603  prevalent. 
604         Section 20. Paragraph (d) of subsection (1) of section 
605  419.001, Florida Statutes, is amended to read: 
606         419.001 Site selection of community residential homes.— 
607         (1) For the purposes of this section, the following 
608  definitions shall apply: 
609         (d) “Resident” means any of the following: a frail elder as 
610  defined in s. 429.65; a physically disabled or handicapped 
611  person with a physical disability as defined in s. 
612  760.22(3)(7)(a); a developmentally disabled person as defined in 
613  s. 393.063; a nondangerous mentally ill person as defined in s. 
614  394.455(18); or a child who is found to be dependent as defined 
615  in s. 39.01 or s. 984.03, or a child in need of services as 
616  defined in s. 984.03 or s. 985.03. 
617         Section 21. This act shall take effect July 1, 2010.