Text of FL H 161 (2020)

HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 1 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to prohibited discrimination; 2 providing a short title; amending s. 509.092, F.S.; 3 prohibiting discrimination based on sexual orientation 4 and gender identity in public lodging establishments 5 and public food service establishments; providing an 6 exception for constitutionally protected free exercise 7 of religion; amending s. 760.01, F.S.; revising the 8 purposes of the Florida Civil Rights Act of 1992 to 9 include sexual orientation and gender identity; 10 reordering and amending s. 760.02, F.S.; defining the 11 terms "gender identity" and "sexual orientation"; 12 amending ss. 760.05 and 760.07, F.S.; revising the 13 functions of the Florida Commission on Human Relations 14 and the provisions regarding remedies for unlawful 15 discrimination to include discrimination based on 16 sexual orientation and gender identity, respectively, 17 to conform to changes made by the act; amending ss. 18 760.08 and 760.10, F.S.; prohibiting discrimination 19 based on sexual orientation and gender identity in 20 places of public accommodation and with respect to 21 specified unlawful employment practices, respectively; 22 providing an exception for constitutionally protected 23 free exercise of religion; amending s. 760.22, F.S.; 24 defining the terms "gender identity" and "sexual 25 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 2 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S orientation" for purposes of the Fair Housing Act; 26 amending ss. 760.23, 760.24, 760.25, and 760.26, F.S.; 27 prohibiting discrimination based on sexual orientation 28 and gender identity with respect to the sale or rental 29 of housing, provision of brokerage services, financing 30 of housing or in residential real estate transactions, 31 and land use decisions and in permitting of 32 development, respectively; amending s. 760.29, F.S.; 33 revising an exemption from the Fair Housing Act 34 regarding the appraisal of real property to conform to 35 changes made by the act; amending s. 760.60, F.S.; 36 prohibiting discrimination based on sexual orientation 37 and gender identity with respect to practices of 38 certain clubs; amending s. 419.001, F.S.; conforming a 39 cross-reference; providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. This act may be cited as the "Florida 44 Competitive Workforce Act." 45 Section 2. Section 509.092, Florida Statutes, is amended 46 to read: 47 509.092 Public lodging establishments and public food 48 service establishments; rights as private enterprises.— 49 (1) Public lodging establishments and public food service 50 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 3 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S establishments are private enterprises, and the operator has the 51 right to refuse accommodations or service to any person who is 52 objectionable or undesirable to the operator, but such refusal 53 may not be based upon race, creed, color, sex, pregnancy, 54 physical disability, sexual orientation, gender identity, or 55 national origin. 56 (2) A person aggrieved by a violation of this section or a 57 violation of a rule adopted under this section has a right of 58 action pursuant to s. 760.11. 59 (3) This section does not limit the free exercise of 60 religion guaranteed by the United States Constitution and the 61 State Constitution. 62 Section 3. Subsection (2) of section 760.01, Florida 63 Statutes, is amended, to read: 64 760.01 Purposes; construction; title.— 65 (2) The general purposes of the Florida Civil Rights Act 66 of 1992 are to secure for all individuals within the state 67 freedom from discrimination because of race, color, religion, 68 sex, pregnancy, national origin, age, sexual orientation, gender 69 identity, handicap, or marital status and thereby to protect 70 their interest in personal dignity, to make available to the 71 state their full productive capacities, to secure the state 72 against domestic strife and unrest, to preserve the public 73 safety, health, and general welfare, and to promote the 74 interests, rights, and privileges of individuals within the 75 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 4 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S state. 76 Section 4. Section 760.02, Florida Statutes, is reordered 77 and amended to read: 78 760.02 Definitions.—For the purposes of ss. 760.01-760.11 79 and 509.092, the term: 80 (1)(10) "Aggrieved person" means any person who files a 81 complaint with the Florida Commission on Human Relations 82 Commission. 83 (2) "Commission" means the Florida Commission on Human 84 Relations created by s. 760.03. 85 (3) "Commissioner" or "member" means a member of the 86 commission. 87 (4) "Discriminatory practice" means any practice made 88 unlawful by the Florida Civil Rights Act of 1992. 89 (5)(7) "Employer" means any person employing 15 or more 90 employees for each working day in each of 20 or more calendar 91 weeks in the current or preceding calendar year, and any agent 92 of such a person. 93 (6)(8) "Employment agency" means any person regularly 94 undertaking, with or without compensation, to procure employees 95 for an employer or to procure for employees opportunities to 96 work for an employer, and includes an agent of such a person. 97 (7)(1) "Florida Civil Rights Act of 1992" means ss. 98 760.01-760.11 and 509.092. 99 (8) "Gender identity" means gender-related identity, 100 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 5 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S appearance, or behavior, regardless of whether such gender- 101 related identity, appearance, or behavior is different from that 102 traditionally associated with the person's physiology or 103 assigned sex at birth. 104 (9) "Labor organization" means any organization which 105 exists for the purpose, in whole or in part, of collective 106 bargaining or of dealing with employers concerning grievances, 107 terms or conditions of employment, or other mutual aid or 108 protection in connection with employment. 109 (10)(5) "National origin" includes ancestry. 110 (11)(6) "Person" includes an individual, association, 111 corporation, joint apprenticeship committee, joint-stock 112 company, labor union, legal representative, mutual company, 113 partnership, receiver, trust, trustee in bankruptcy, or 114 unincorporated organization; any other legal or commercial 115 entity; the state; or any governmental entity or agency. 116 (12)(11) "Public accommodations" means places of public 117 accommodation, lodgings, facilities principally engaged in 118 selling food for consumption on the premises, gasoline stations, 119 places of exhibition or entertainment, and other covered 120 establishments. Each of the following establishments which 121 serves the public is a place of public accommodation within the 122 meaning of this section: 123 (a) Any inn, hotel, motel, or other establishment that 124 which provides lodging to transient guests, other than an 125 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 6 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S establishment located within a building that which contains not 126 more than four rooms for rent or hire and that which is actually 127 occupied by the proprietor of such establishment as his or her 128 residence. 129 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 130 soda fountain, or other facility principally engaged in selling 131 food for consumption on the premises, including, but not limited 132 to, any such facility located on the premises of any retail 133 establishment, or any gasoline station. 134 (c) Any motion picture theater, theater, concert hall, 135 sports arena, stadium, or other place of exhibition or 136 entertainment. 137 (d) Any establishment that which is physically located 138 within the premises of any establishment otherwise covered by 139 this subsection, or within the premises of which is physically 140 located any such covered establishment, and that which holds 141 itself out as serving patrons of such covered establishment. 142 (13) "Sexual orientation" means an individual's 143 heterosexuality, homosexuality, or bisexuality. 144 Section 5. Section 760.05, Florida Statutes, is amended to 145 read: 146 760.05 Functions of the commission.—The commission shall 147 promote and encourage fair treatment and equal opportunity for 148 all persons regardless of race, color, religion, sex, pregnancy, 149 national origin, age, sexual orientation, gender identity, 150 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 7 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S handicap, or marital status and mutual understanding and respect 151 among all members of society. The commission all economic, 152 social, racial, religious, and ethnic groups; and shall endeavor 153 to eliminate discrimination against, and antagonism between, 154 persons on the basis of race, color, religion, sex, pregnancy, 155 national origin, age, sexual orientation, gender identity, 156 handicap, or marital status religious, racial, and ethnic groups 157 and their members. 158 Section 6. Section 760.07, Florida Statutes, is amended to 159 read: 160 760.07 Remedies for unlawful discrimination.—Any violation 161 of any state law Florida statute making unlawful discrimination 162 because of race, color, religion, gender, pregnancy, national 163 origin, age, sexual orientation, gender identity, handicap, or 164 marital status in the areas of education, employment, housing, 165 or public accommodations gives rise to a cause of action for all 166 relief and damages described in s. 760.11(5), unless greater 167 damages are expressly provided for. If the statute prohibiting 168 unlawful discrimination provides an administrative remedy, the 169 action for equitable relief and damages provided for in this 170 section may be initiated only after the plaintiff has exhausted 171 his or her administrative remedy. The term "public 172 accommodations" does not include lodge halls or other similar 173 facilities of private organizations which are made available for 174 public use occasionally or periodically. The right to trial by 175 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 8 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S jury is preserved in any case in which the plaintiff is seeking 176 actual or punitive damages. 177 Section 7. Section 760.08, Florida Statutes, is amended to 178 read: 179 760.08 Discrimination in places of public accommodation.— 180 All persons are entitled to the full and equal enjoyment of the 181 goods, services, facilities, privileges, advantages, and 182 accommodations of any place of public accommodation without 183 discrimination or segregation on the ground of race, color, 184 national origin, sex, sexual orientation, gender identity, 185 pregnancy, handicap, familial status, or religion. 186 Section 8. Subsections (1) and (2), paragraphs (a) and (b) 187 of subsection (3), subsections (4), (5), and (6), paragraph (a) 188 of subsection (8), and subsection (9) of section 760.10, Florida 189 Statutes, are amended, to read: 190 760.10 Unlawful employment practices.— 191 (1) It is an unlawful employment practice for an employer: 192 (a) To discharge or to fail or refuse to hire any 193 individual, or otherwise to discriminate against any individual 194 with respect to compensation, terms, conditions, or privileges 195 of employment, because of such individual's race, color, 196 religion, sex, pregnancy, national origin, age, sexual 197 orientation, gender identity, handicap, or marital status. 198 (b) To limit, segregate, or classify employees or 199 applicants for employment in any way that which would deprive or 200 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 9 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S tend to deprive any individual of employment opportunities, or 201 adversely affect any individual's status as an employee, because 202 of such individual's race, color, religion, sex, pregnancy, 203 national origin, age, sexual orientation, gender identity, 204 handicap, or marital status. 205 (2) It is an unlawful employment practice for an 206 employment agency to fail or refuse to refer for employment, or 207 otherwise to discriminate against, any individual because of 208 race, color, religion, sex, pregnancy, national origin, age, 209 sexual orientation, gender identity, handicap, or marital status 210 or to classify or refer for employment any individual on the 211 basis of race, color, religion, sex, pregnancy, national origin, 212 age, sexual orientation, gender identity, handicap, or marital 213 status. 214 (3) It is an unlawful employment practice for a labor 215 organization: 216 (a) To exclude or to expel from its membership, or 217 otherwise to discriminate against, any individual because of 218 race, color, religion, sex, pregnancy, national origin, age, 219 sexual orientation, gender identity, handicap, or marital 220 status. 221 (b) To limit, segregate, or classify its membership or 222 applicants for membership, or to classify or fail or refuse to 223 refer for employment any individual, in any way that would 224 deprive or tend to deprive any individual of employment 225 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 10 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S opportunities, or adversely affect any individual's status as an 226 employee or as an applicant for employment, because of such 227 individual's race, color, religion, sex, pregnancy, national 228 origin, age, sexual orientation, gender identity, handicap, or 229 marital status. 230 (4) It is an unlawful employment practice for any 231 employer, labor organization, or joint labor-management 232 committee controlling apprenticeship or other training or 233 retraining, including on-the-job training programs, to 234 discriminate against any individual because of race, color, 235 religion, sex, pregnancy, national origin, age, sexual 236 orientation, gender identity, handicap, or marital status in 237 admission to, or employment in, any program established to 238 provide apprenticeship or other training. 239 (5) Whenever, in order to engage in a profession, 240 occupation, or trade, it is required that a person receive a 241 license, certification, or other credential;, become a member or 242 an associate of any club, association, or other organization;, 243 or pass any examination, it is an unlawful employment practice 244 for any person to discriminate against any other person seeking 245 such license, certification, or other credential;, seeking to 246 become a member or associate of such club, association, or other 247 organization;, or seeking to take or pass such examination, 248 because of such other person's race, color, religion, sex, 249 pregnancy, national origin, age, sexual orientation, gender 250 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 11 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S identity, handicap, or marital status. 251 (6) It is an unlawful employment practice for an employer, 252 a labor organization, an employment agency, or a joint labor- 253 management committee to print or publish, or cause to be printed 254 or published, any notice or advertisement relating to 255 employment, membership, classification, referral for employment, 256 or apprenticeship or other training which indicates, indicating 257 any preference, limitation, specification, or discrimination, 258 based on race, color, religion, sex, pregnancy, national origin, 259 age, sexual orientation, gender identity, absence of handicap, 260 or marital status. 261 (8) Notwithstanding any other provision of this section, 262 it is not an unlawful employment practice under ss. 760.01- 263 760.10 for an employer, employment agency, labor organization, 264 or joint labor-management committee to: 265 (a) Take or fail to take any action on the basis of 266 religion, sex, pregnancy, national origin, age, sexual 267 orientation, gender identity, handicap, or marital status in 268 those certain instances in which religion, sex, condition of 269 pregnancy, national origin, age, sexual orientation, gender 270 identity, absence of a particular handicap, or marital status is 271 a bona fide occupational qualification reasonably necessary for 272 the performance of the particular employment to which such 273 action or inaction is related. 274 (9)(a) This section does shall not apply to any religious 275 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 12 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S corporation, association, educational institution, or society 276 that which conditions opportunities in the area of employment or 277 public accommodation to members of that religious corporation, 278 association, educational institution, or society or to persons 279 who subscribe to its tenets or beliefs. 280 (b) This section does shall not prohibit a religious 281 corporation, association, educational institution, or society 282 from giving preference in employment to individuals of a 283 particular religion to perform work connected with the carrying 284 on by such corporations, associations, educational institutions, 285 or societies of its various activities. 286 (c) This section and s. 760.08 do not limit the free 287 exercise of religion guaranteed by the United States 288 Constitution and the State Constitution. 289 Section 9. Section 760.22, Florida Statutes, is amended to 290 read: 291 760.22 Definitions.—As used in this part ss. 760.20- 292 760.37, the term: 293 (1) "Commission" means the Florida Commission on Human 294 Relations. 295 (2) "Covered multifamily dwelling" means: 296 (a) A building that which consists of four or more units 297 and has an elevator; or 298 (b) The ground floor units of a building that which 299 consists of four or more units and does not have an elevator. 300 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 13 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (3) "Discriminatory housing practice" means an act that is 301 unlawful under the terms of this part ss. 760.20-760.37. 302 (4) "Dwelling" means any building or structure, or portion 303 thereof, which is occupied as, or designed or intended for 304 occupancy as, a residence by one or more families, and any 305 vacant land that which is offered for sale or lease for the 306 construction or location on the land of any such building or 307 structure, or portion thereof. 308 (5) "Familial status" is established when an individual 309 who has not attained the age of 18 years is domiciled with: 310 (a) A parent or other person having legal custody of such 311 individual; or 312 (b) A designee of a parent or other person having legal 313 custody, with the written permission of such parent or other 314 person. 315 (6) "Family" includes a single individual. 316 (7) "Gender identity" has the same meaning as provided in 317 s. 760.02. 318 (8)(7) "Handicap" means: 319 (a) A person has a physical or mental impairment that 320 which substantially limits one or more major life activities for 321 a person who has, or he or she has a record of having, or is 322 regarded as having, such physical or mental impairment; or 323 (b) A person has a developmental disability as defined in 324 s. 393.063. 325 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 14 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (9)(8) "Person" includes one or more individuals, 326 corporations, partnerships, associations, labor organizations, 327 legal representatives, mutual companies, joint-stock companies, 328 trusts, unincorporated organizations, trustees, trustees in 329 bankruptcy, receivers, and fiduciaries. 330 (10) "Sexual orientation" has the same meaning as provided 331 in s. 760.02. 332 (11)(9) "Substantially equivalent" means an administrative 333 subdivision of the State of Florida meeting the requirements of 334 24 C.F.R. part 115, s. 115.6. 335 (12)(10) "To rent" includes to lease, to sublease, to let, 336 and otherwise to grant for a consideration the right to occupy 337 premises not owned by the occupant. 338 Section 10. Subsections (1) through (5) of section 760.23, 339 Florida Statutes, are amended to read: 340 760.23 Discrimination in the sale or rental of housing and 341 other prohibited practices.— 342 (1) It is unlawful to refuse to sell or rent after the 343 making of a bona fide offer, to refuse to negotiate for the sale 344 or rental of, or otherwise to make unavailable or deny a 345 dwelling to any person because of race, color, national origin, 346 sex, sexual orientation, gender identity, handicap, familial 347 status, or religion. 348 (2) It is unlawful to discriminate against any person in 349 the terms, conditions, or privileges of sale or rental of a 350 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 15 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S dwelling, or in the provision of services or facilities in 351 connection therewith, because of race, color, national origin, 352 sex, sexual orientation, gender identity, handicap, familial 353 status, or religion. 354 (3) It is unlawful to make, print, or publish, or cause to 355 be made, printed, or published, any notice, statement, or 356 advertisement with respect to the sale or rental of a dwelling 357 that indicates any preference, limitation, or discrimination 358 based on race, color, national origin, sex, sexual orientation, 359 gender identity, handicap, familial status, or religion or an 360 intention to make any such preference, limitation, or 361 discrimination. 362 (4) It is unlawful to represent to any person because of 363 race, color, national origin, sex, sexual orientation, gender 364 identity, handicap, familial status, or religion that any 365 dwelling is not available for inspection, sale, or rental when 366 such dwelling is in fact so available. 367 (5) It is unlawful, for profit, to induce or attempt to 368 induce any person to sell or rent any dwelling by a 369 representation regarding the entry or prospective entry into the 370 neighborhood of a person or persons of a particular race, color, 371 national origin, sex, sexual orientation, gender identity, 372 handicap, familial status, or religion. 373 Section 11. Section 760.24, Florida Statutes, is amended 374 to read: 375 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 16 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 760.24 Discrimination in the provision of brokerage 376 services.—It is unlawful to deny any person access to, or 377 membership or participation in, any multiple-listing service, 378 real estate brokers' organization, or other service, 379 organization, or facility relating to the business of selling or 380 renting dwellings, or to discriminate against him or her in the 381 terms or conditions of such access, membership, or 382 participation, because on account of race, color, national 383 origin, sex, sexual orientation, gender identity, handicap, 384 familial status, or religion. 385 Section 12. Subsection (1) and paragraph (a) of subsection 386 (2) of section 760.25, Florida Statutes, are amended to read: 387 760.25 Discrimination in the financing of housing or in 388 residential real estate transactions.— 389 (1) It is unlawful for any bank, building and loan 390 association, insurance company, or other corporation, 391 association, firm, or enterprise the business of which consists 392 in whole or in part of the making of commercial real estate 393 loans to deny a loan or other financial assistance to a person 394 applying for the loan for the purpose of purchasing, 395 constructing, improving, repairing, or maintaining a dwelling, 396 or to discriminate against him or her in the fixing of the 397 amount, interest rate, duration, or other term or condition of 398 such loan or other financial assistance, because of the race, 399 color, national origin, sex, sexual orientation, gender 400 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 17 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S identity, handicap, familial status, or religion of such person 401 or of any person associated with him or her in connection with 402 such loan or other financial assistance or the purposes of such 403 loan or other financial assistance, or because of the race, 404 color, national origin, sex, sexual orientation, gender 405 identity, handicap, familial status, or religion of the present 406 or prospective owners, lessees, tenants, or occupants of the 407 dwelling or dwellings in relation to which such loan or other 408 financial assistance is to be made or given. 409 (2)(a) It is unlawful for any person or entity whose 410 business includes engaging in residential real estate 411 transactions to discriminate against any person in making 412 available such a transaction, or in the terms or conditions of 413 such a transaction, because of race, color, national origin, 414 sex, sexual orientation, gender identity, handicap, familial 415 status, or religion. 416 Section 13. Section 760.26, Florida Statutes, is amended 417 to read: 418 760.26 Prohibited discrimination in land use decisions and 419 in permitting of development.—It is unlawful to discriminate in 420 land use decisions or in the permitting of development based on 421 race, color, national origin, sex, sexual orientation, gender 422 identity, disability, familial status, religion, or, except as 423 otherwise provided by law, the source of financing of a 424 development or proposed development. 425 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 18 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 14. Paragraph (a) of subsection (5) of section 426 760.29, Florida Statutes, is amended to read: 427 760.29 Exemptions.— 428 (5) Nothing in this part ss. 760.20-760.37: 429 (a) Prohibits a person engaged in the business of 430 furnishing appraisals of real property from taking into 431 consideration factors other than race, color, national origin, 432 sex, sexual orientation, gender identity, handicap, familial 433 status, or religion. 434 Section 15. Subsection (1) of section 760.60, Florida 435 Statutes, is amended to read: 436 760.60 Discriminatory practices of certain clubs 437 prohibited; remedies.— 438 (1) It is unlawful for a person to discriminate against 439 any individual because of race, color, religion, gender, 440 national origin, handicap, age above the age of 21, sexual 441 orientation, gender identity, or marital status in evaluating an 442 application for membership in a club that has more than 400 443 members, that provides regular meal service, and that regularly 444 receives payment for dues, fees, use of space, facilities, 445 services, meals, or beverages directly or indirectly from 446 nonmembers for business purposes. It is unlawful for a person, 447 on behalf of such a club, to publish, circulate, issue, display, 448 post, or mail any advertisement, notice, or solicitation that 449 contains a statement to the effect that the accommodations, 450 HB 161 2020 CODING: Words stricken are deletions; words underlined are additions. hb0161-00 Page 19 of 19 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S advantages, facilities, membership, or privileges of the club 451 are denied to any individual because of race, color, religion, 452 gender, national origin, handicap, age above the age of 21, 453 sexual orientation, gender identity, or marital status. This 454 subsection does not apply to fraternal or benevolent 455 organizations, ethnic clubs, or religious organizations where 456 business activity is not prevalent. 457 Section 16. Paragraph (e) of subsection (1) of section 458 419.001, Florida Statutes, is amended to read: 459 419.001 Site selection of community residential homes.— 460 (1) For the purposes of this section, the term: 461 (e) "Resident" means any of the following: a frail elder 462 as defined in s. 429.65; a person who has a handicap as defined 463 in s. 760.22 s. 760.22(7)(a); a person who has a developmental 464 disability as defined in s. 393.063; a nondangerous person who 465 has a mental illness as defined in s. 394.455; or a child who is 466 found to be dependent as defined in s. 39.01 or s. 984.03, or a 467 child in need of services as defined in s. 984.03 or s. 985.03. 468 Section 17. This act shall take effect July 1, 2020. 469