Text of FL H 239 (2014)

HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 1 of 17 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; creating 2 the "Florida Competitive Workforce Act"; amending s. 3 760.01, F.S.; revising provisions to include sexual 4 orientation and gender identity or expression and the 5 perception of race, color, religion, sex, national 6 origin, age, sexual orientation, gender identity or 7 expression, handicap, or marital status as 8 impermissible grounds for discrimination; reordering 9 and amending s. 760.02, F.S.; defining additional 10 terms; amending ss. 760.05, 760.07, and 760.08, F.S.; 11 adding sexual orientation and gender identity or 12 expression as impermissible grounds for 13 discrimination; conforming terminology; amending s. 14 760.10, F.S.; adding sexual orientation and gender 15 identity or expression as impermissible grounds for 16 discrimination; providing an exception for 17 constitutionally protected free exercise of religion; 18 amending s. 509.092, F.S.; adding sexual orientation 19 and gender identity or expression as impermissible 20 grounds for discrimination in public lodging 21 establishments and public food service establishments; 22 providing an exception for constitutionally protected 23 free exercise of religion; amending s. 760.22, F.S.; 24 defining additional terms; amending ss. 760.23, 25 760.24, 760.25, 760.26, 760.29, and 760.60, F.S.; 26 adding sexual orientation and gender identity or 27 expression as impermissible grounds for 28 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 2 of 17 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 discrimination; amending s. 419.001, F.S.; conforming 29 a cross-reference; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. This act may be cited as the "Florida 34 Competitive Workforce Act." 35 Section 2. Subsection (2) of section 760.01, Florida 36 Statutes, is amended to read: 37 760.01 Purposes; construction; title.— 38 (2) The general purposes of the Florida Civil Rights Act 39 of 1992 are to secure for all individuals within the state 40 freedom from discrimination because of or based on the 41 perception of race, color, religion, sex, national origin, age, 42 sexual orientation, gender identity or expression, handicap, or 43 marital status and thereby to protect their interest in personal 44 dignity, to make available to the state their full productive 45 capacities, to secure the state against domestic strife and 46 unrest, to preserve the public safety, health, and general 47 welfare, and to promote the interests, rights, and privileges of 48 individuals within the state. 49 Section 3. Section 760.02, Florida Statutes, is reordered 50 and amended to read: 51 760.02 Definitions.—For the purposes of ss. 760.01-760.11 52 and 509.092, the term: 53 (1)(10) "Aggrieved person" means any person who files a 54 complaint with the Human Relations Commission. 55 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 3 of 17 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 (2) "Commission" means the Florida Commission on Human 56 Relations created by s. 760.03. 57 (3) "Commissioner" or "member" means a member of the 58 commission. 59 (4) "Discriminatory practice" means any practice made 60 unlawful by the Florida Civil Rights Act of 1992. 61 (5)(7) "Employer" means any person employing 15 or more 62 employees for each working day in each of 20 or more calendar 63 weeks in the current or preceding calendar year, and any agent 64 of such a person. 65 (6)(8) "Employment agency" means any person regularly 66 undertaking, with or without compensation, to procure employees 67 for an employer or to procure for employees opportunities to 68 work for an employer, and includes an agent of such a person. 69 (7)(1) "Florida Civil Rights Act of 1992" means ss. 70 760.01-760.11 and 509.092. 71 (8) "Gender identity or expression" means gender-related 72 identity, appearance, expression, or behavior of an individual, 73 regardless of the individual's assigned sex at birth. 74 (9) "Labor organization" means any organization which 75 exists for the purpose, in whole or in part, of collective 76 bargaining or of dealing with employers concerning grievances, 77 terms or conditions of employment, or other mutual aid or 78 protection in connection with employment. 79 (10)(5) "National origin" includes ancestry. 80 (11)(6) "Person" includes an individual, association, 81 corporation, joint apprenticeship committee, joint-stock 82 company, labor union, legal representative, mutual company, 83 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 4 of 17 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 partnership, receiver, trust, trustee in bankruptcy, or 84 unincorporated organization; any other legal or commercial 85 entity; the state; or any governmental entity or agency. 86 (12)(11) "Public accommodations" means places of public 87 accommodation, lodgings, facilities principally engaged in 88 selling food for consumption on the premises, gasoline stations, 89 places of exhibition or entertainment, and other covered 90 establishments. Each of the following establishments which 91 serves the public is a place of public accommodation within the 92 meaning of this section: 93 (a) Any inn, hotel, motel, or other establishment that 94 which provides lodging to transient guests, other than an 95 establishment located within a building that which contains not 96 more than four rooms for rent or hire and that which is actually 97 occupied by the proprietor of such establishment as his or her 98 residence. 99 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 100 soda fountain, or other facility principally engaged in selling 101 food for consumption on the premises, including, but not limited 102 to, any such facility located on the premises of any retail 103 establishment, or any gasoline station. 104 (c) Any motion picture theater, theater, concert hall, 105 sports arena, stadium, or other place of exhibition or 106 entertainment. 107 (d) Any establishment that which is physically located 108 within the premises of any establishment otherwise covered by 109 this subsection, or within the premises of which is physically 110 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 5 of 17 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 located any such covered establishment, and which holds itself 111 out as serving patrons of such covered establishment. 112 (13) "Sexual orientation" means an individual's actual or 113 perceived heterosexuality, homosexuality, or bisexuality. 114 Section 4. Section 760.05, Florida Statutes, is amended to 115 read: 116 760.05 Functions of the commission.—The commission shall 117 promote and encourage fair treatment and equal opportunity for 118 all persons regardless of race, color, religion, sex, national 119 origin, age, sexual orientation, gender identity or expression, 120 handicap, or marital status and mutual understanding and respect 121 among all members of society all economic, social, racial, 122 religious, and ethnic groups; and the commission shall endeavor 123 to eliminate discrimination against, and antagonism between, 124 persons on the basis of or based on the perception of race, 125 color, religion, sex, national origin, age, sexual orientation, 126 gender identity or expression, handicap, or marital status 127 religious, racial, and ethnic groups and their members. 128 Section 5. Section 760.07, Florida Statutes, is amended to 129 read: 130 760.07 Remedies for unlawful discrimination.—Any violation 131 of any Florida statute making unlawful discrimination because of 132 or based on the perception of race, color, religion, gender, 133 national origin, age, sexual orientation, gender identity or 134 expression, handicap, or marital status in the areas of 135 education, employment, housing, or public accommodations gives 136 rise to a cause of action for all relief and damages described 137 in s. 760.11(5), unless greater damages are expressly provided 138 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 6 of 17 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 for. If the statute prohibiting unlawful discrimination provides 139 an administrative remedy, the action for equitable relief and 140 damages provided for in this section may be initiated only after 141 the plaintiff has exhausted his or her administrative remedy. 142 The term "public accommodations" does not include lodge halls or 143 other similar facilities of private organizations that which are 144 made available for public use occasionally or periodically. The 145 right to trial by jury is preserved in any case in which the 146 plaintiff is seeking actual or punitive damages. 147 Section 6. Section 760.08, Florida Statutes, is amended to 148 read: 149 760.08 Discrimination in places of public accommodation.— 150 All persons shall be entitled to the full and equal enjoyment of 151 the goods, services, facilities, privileges, advantages, and 152 accommodations of any place of public accommodation, as defined 153 in this chapter, without discrimination or segregation on the 154 ground of or based on the perception of race, color, national 155 origin, sex, sexual orientation, gender identity or expression, 156 handicap, familial status, or religion. 157 Section 7. Subsections (1) and (2), paragraphs (a) and (b) 158 of subsection (3), subsections (4), (5), and (6), paragraph (a) 159 of subsection (8), and subsection (9) of section 760.10, Florida 160 Statutes, are amended to read: 161 760.10 Unlawful employment practices.— 162 (1) It is an unlawful employment practice for an employer: 163 (a) To discharge or to fail or refuse to hire any 164 individual, or otherwise to discriminate against any individual 165 with respect to compensation, terms, conditions, or privileges 166 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 7 of 17 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 of employment, because of or based on the perception of such 167 individual's race, color, religion, sex, national origin, age, 168 sexual orientation, gender identity or expression, handicap, or 169 marital status. 170 (b) To limit, segregate, or classify employees or 171 applicants for employment in any way which would deprive or tend 172 to deprive any individual of employment opportunities, or 173 adversely affect any individual's status as an employee, because 174 of or based on the perception of such individual's race, color, 175 religion, sex, national origin, age, sexual orientation, gender 176 identity or expression, handicap, or marital status. 177 (2) It is an unlawful employment practice for an 178 employment agency to fail or refuse to refer for employment, or 179 otherwise to discriminate against, any individual because of or 180 based on the perception of race, color, religion, sex, national 181 origin, age, sexual orientation, gender identity or expression, 182 handicap, or marital status or to classify or refer for 183 employment any individual on the basis of or based on the 184 perception of race, color, religion, sex, national origin, age, 185 sexual orientation, gender identity or expression, handicap, or 186 marital status. 187 (3) It is an unlawful employment practice for a labor 188 organization: 189 (a) To exclude or to expel from its membership, or 190 otherwise to discriminate against, any individual because of or 191 based on the perception of race, color, religion, sex, national 192 origin, age, sexual orientation, gender identity or expression, 193 handicap, or marital status. 194 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 8 of 17 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 (b) To limit, segregate, or classify its membership or 195 applicants for membership, or to classify or fail or refuse to 196 refer for employment any individual, in any way which would 197 deprive or tend to deprive any individual of employment 198 opportunities, or adversely affect any individual's status as an 199 employee or as an applicant for employment, because of or based 200 on the perception of such individual's race, color, religion, 201 sex, national origin, age, sexual orientation, gender identity 202 or expression, handicap, or marital status. 203 (4) It is an unlawful employment practice for any 204 employer, labor organization, or joint labor-management 205 committee controlling apprenticeship or other training or 206 retraining, including on-the-job training programs, to 207 discriminate against any individual because of or based on the 208 perception of race, color, religion, sex, national origin, age, 209 sexual orientation, gender identity or expression, handicap, or 210 marital status in admission to, or employment in, any program 211 established to provide apprenticeship or other training. 212 (5) Whenever, in order to engage in a profession, 213 occupation, or trade, it is required that a person receive a 214 license, certification, or other credential, become a member or 215 an associate of any club, association, or other organization, or 216 pass any examination, it is an unlawful employment practice for 217 any person to discriminate against any other person seeking such 218 license, certification, or other credential, seeking to become a 219 member or associate of such club, association, or other 220 organization, or seeking to take or pass such examination, 221 because of or based on the perception of such other person's 222 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 9 of 17 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 race, color, religion, sex, national origin, age, sexual 223 orientation, gender identity or expression handicap, or marital 224 status. 225 (6) It is an unlawful employment practice for an employer, 226 labor organization, employment agency, or joint labor-management 227 committee to print, or cause to be printed or published, any 228 notice or advertisement relating to employment, membership, 229 classification, referral for employment, or apprenticeship or 230 other training, indicating any preference, limitation, 231 specification, or discrimination, based on a person's actual or 232 perceived race, color, religion, sex, national origin, age, 233 sexual orientation, gender identity or expression, absence of 234 handicap, or marital status. 235 (8) Notwithstanding any other provision of this section, 236 it is not an unlawful employment practice under ss. 760.01- 237 760.10 for an employer, employment agency, labor organization, 238 or joint labor-management committee to: 239 (a) Take or fail to take any action on the basis of a 240 person's actual or perceived religion, sex, national origin, 241 age, sexual orientation, gender identity or expression, 242 handicap, or marital status in those certain instances in which 243 religion, sex, national origin, age, sexual orientation, gender 244 identity or expression, absence of a particular handicap, or 245 marital status is a bona fide occupational qualification 246 reasonably necessary for the performance of the particular 247 employment to which such action or inaction is related. 248 (9)(a) This section shall not apply to any religious 249 corporation, association, educational institution, or society 250 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 10 of 17 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 which conditions opportunities in the area of employment or 251 public accommodation to members of that religious corporation, 252 association, educational institution, or society or to persons 253 who subscribe to its tenets or beliefs. 254 (b) This section shall not prohibit a religious 255 corporation, association, educational institution, or society 256 from giving preference in employment to individuals of a 257 particular religion to perform work connected with the carrying 258 on by such corporations, associations, educational institutions, 259 or societies of its various activities. 260 (c) This section and s. 760.08 shall not apply to limit 261 the free exercise of religion guaranteed by the United States 262 Constitution and the State Constitution. 263 Section 8. Section 509.092, Florida Statutes, is amended 264 to read: 265 509.092 Public lodging establishments and public food 266 service establishments; rights as private enterprises.— 267 (1) Public lodging establishments and public food service 268 establishments are private enterprises, and the operator has the 269 right to refuse accommodations or service to any person who is 270 objectionable or undesirable to the operator, but such refusal 271 may not be based upon the person's actual or perceived race, 272 creed, color, sex, physical disability, sexual orientation, 273 gender identity or expression, or national origin. 274 (2) A person aggrieved by a violation of this section or 275 a violation of a rule adopted under this section has a right of 276 action pursuant to s. 760.11. 277 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 11 of 17 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) This section shall not limit the free exercise of 278 religion guaranteed by the United States Constitution and the 279 Florida Constitution. 280 Section 9. Section 760.22, Florida Statutes, is amended to 281 read: 282 760.22 Definitions.—As used in ss. 760.20-760.37, the 283 term: 284 (1) "Commission" means the Florida Commission on Human 285 Relations. 286 (2) "Covered multifamily dwelling" means: 287 (a) A building that which consists of four or more units 288 and has an elevator; or 289 (b) The ground floor units of a building that which 290 consists of four or more units and does not have an elevator. 291 (3) "Discriminatory housing practice" means an act that is 292 unlawful under the terms of ss. 760.20-760.37. 293 (4) "Dwelling" means any building or structure, or portion 294 thereof, which is occupied as, or designed or intended for 295 occupancy as, a residence by one or more families, and any 296 vacant land that which is offered for sale or lease for the 297 construction or location on the land of any such building or 298 structure, or portion thereof. 299 (5) "Familial status" is established when an individual 300 who has not attained the age of 18 years is domiciled with: 301 (a) A parent or other person having legal custody of such 302 individual; or 303 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 12 of 17 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 (b) A designee of a parent or other person having legal 304 custody, with the written permission of such parent or other 305 person. 306 (6) "Family" includes a single individual. 307 (7) "Gender identity or expression" has the same meaning 308 as provided in s. 760.02. 309 (8)(7) "Handicap" means: 310 (a) A person has a physical or mental impairment which 311 substantially limits one or more major life activities, or he or 312 she has a record of having, or is regarded as having, such 313 physical or mental impairment; or 314 (b) A person has a developmental disability as defined in 315 s. 393.063. 316 (9)(8) "Person" includes one or more individuals, 317 corporations, partnerships, associations, labor organizations, 318 legal representatives, mutual companies, joint-stock companies, 319 trusts, unincorporated organizations, trustees, trustees in 320 bankruptcy, receivers, and fiduciaries. 321 (10) "Sexual orientation" has the same meaning as provided 322 in s. 760.02. 323 (11)(9) "Substantially equivalent" means an administrative 324 subdivision of the State of Florida meeting the requirements of 325 24 C.F.R. part 115, s. 115.6. 326 (12)(10) "To rent" includes to lease, to sublease, to let, 327 and otherwise to grant for a consideration the right to occupy 328 premises not owned by the occupant. 329 Section 10. Subsections (1), (2), (3), (4), and (5) of 330 section 760.23, Florida Statutes, are amended to read: 331 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 13 of 17 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 760.23 Discrimination in the sale or rental of housing and 332 other prohibited practices.— 333 (1) It is unlawful to refuse to sell or rent after the 334 making of a bona fide offer, to refuse to negotiate for the sale 335 or rental of, or otherwise to make unavailable or deny a 336 dwelling to any person because of or based on the perception of 337 race, color, national origin, sex, sexual orientation, gender 338 identity or expression, handicap, familial status, or religion. 339 (2) It is unlawful to discriminate against any person in 340 the terms, conditions, or privileges of sale or rental of a 341 dwelling, or in the provision of services or facilities in 342 connection therewith, because of or based on the perception of 343 race, color, national origin, sex, sexual orientation, gender 344 identity or expression, handicap, familial status, or religion. 345 (3) It is unlawful to make, print, or publish, or cause to 346 be made, printed, or published, any notice, statement, or 347 advertisement with respect to the sale or rental of a dwelling 348 that indicates any preference, limitation, or discrimination 349 based on a person's actual or perceived race, color, national 350 origin, sex, sexual orientation, gender identity or expression, 351 handicap, familial status, or religion or an intention to make 352 any such preference, limitation, or discrimination. 353 (4) It is unlawful to represent to any person because of 354 or based on the perception of the person's race, color, national 355 origin, sex, sexual orientation, gender identity or expression, 356 handicap, familial status, or religion that any dwelling is not 357 available for inspection, sale, or rental when such dwelling is 358 in fact so available. 359 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 14 of 17 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 (5) It is unlawful, for profit, to induce or attempt to 360 induce any person to sell or rent any dwelling by a 361 representation regarding the entry or prospective entry into the 362 neighborhood of a person or persons of or perceived to be of a 363 particular race, color, national origin, sex, sexual 364 orientation, gender identity or expression, handicap, familial 365 status, or religion. 366 Section 11. Section 760.24, Florida Statutes, is amended 367 to read: 368 760.24 Discrimination in the provision of brokerage 369 services.—It is unlawful to deny any person access to, or 370 membership or participation in, any multiple-listing service, 371 real estate brokers' organization, or other service, 372 organization, or facility relating to the business of selling or 373 renting dwellings, or to discriminate against him or her in the 374 terms or conditions of such access, membership, or 375 participation, on account of or based on the perception of race, 376 color, national origin, sex, sexual orientation, gender identity 377 or expression, handicap, familial status, or religion. 378 Section 12. Subsection (1) and paragraph (a) of subsection 379 (2) of section 760.25, Florida Statutes, are amended to read: 380 760.25 Discrimination in the financing of housing or in 381 residential real estate transactions.— 382 (1) It is unlawful for any bank, building and loan 383 association, insurance company, or other corporation, 384 association, firm, or enterprise the business of which consists 385 in whole or in part of the making of commercial real estate 386 loans to deny a loan or other financial assistance to a person 387 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 15 of 17 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 applying for the loan for the purpose of purchasing, 388 constructing, improving, repairing, or maintaining a dwelling, 389 or to discriminate against him or her in the fixing of the 390 amount, interest rate, duration, or other term or condition of 391 such loan or other financial assistance, because of or based on 392 the perception of the race, color, national origin, sex, sexual 393 orientation, gender identity or expression, handicap, familial 394 status, or religion of such person or of any person associated 395 with him or her in connection with such loan or other financial 396 assistance or the purposes of such loan or other financial 397 assistance, or because of or based on the perception of the 398 race, color, national origin, sex, sexual orientation, gender 399 identity or expression, handicap, familial status, or religion 400 of the present or prospective owners, lessees, tenants, or 401 occupants of the dwelling or dwellings in relation to which such 402 loan or other financial assistance is to be made or given. 403 (2)(a) It is unlawful for any person or entity whose 404 business includes engaging in residential real estate 405 transactions to discriminate against any person in making 406 available such a transaction, or in the terms or conditions of 407 such a transaction, because of or based on the perception of 408 race, color, national origin, sex, sexual orientation, gender 409 identity or expression, handicap, familial status, or religion. 410 Section 13. Section 760.26, Florida Statutes, is amended 411 to read: 412 760.26 Prohibited discrimination in land use decisions and 413 in permitting of development.—It is unlawful to discriminate in 414 land use decisions or in the permitting of development based on 415 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 16 of 17 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 person's actual or perceived race, color, national origin, 416 sex, sexual orientation, gender identity or expression, 417 disability, familial status, religion, or, except as otherwise 418 provided by law, the source of financing of a development or 419 proposed development. 420 Section 14. Paragraph (a) of subsection (5) of section 421 760.29, Florida Statutes, is amended to read: 422 760.29 Exemptions.— 423 (5) Nothing in ss. 760.20-760.37: 424 (a) Prohibits a person engaged in the business of 425 furnishing appraisals of real property from taking into 426 consideration factors other than race, color, national origin, 427 sex, sexual orientation, gender identity or expression, 428 handicap, familial status, or religion. 429 Section 15. Subsection (1) of section 760.60, Florida 430 Statutes, is amended to read: 431 760.60 Discriminatory practices of certain clubs 432 prohibited; remedies.— 433 (1) It is unlawful for a person to discriminate against 434 any individual because of or based on the perception of race, 435 color, religion, gender, national origin, handicap, age above 436 the age of 21, sexual orientation, gender identity or 437 expression, or marital status in evaluating an application for 438 membership in a club that has more than 400 members, that 439 provides regular meal service, and that regularly receives 440 payment for dues, fees, use of space, facilities, services, 441 meals, or beverages directly or indirectly from nonmembers for 442 business purposes. It is unlawful for a person, on behalf of 443 HB 239 2014 CODING: Words stricken are deletions; words underlined are additions. hb0239-00 Page 17 of 17 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 such a club, to publish, circulate, issue, display, post, or 444 mail any advertisement, notice, or solicitation that contains a 445 statement to the effect that the accommodations, advantages, 446 facilities, membership, or privileges of the club are denied to 447 any individual because of or based on the perception of race, 448 color, religion, gender, national origin, handicap, age above 449 the age of 21, sexual orientation, gender identity or 450 expression, or marital status. This subsection does not apply to 451 fraternal or benevolent organizations, ethnic clubs, or 452 religious organizations where business activity is not 453 prevalent. 454 Section 16. Paragraph (e) of subsection (1) of section 455 419.001, Florida Statutes, is amended to read: 456 419.001 Site selection of community residential homes.— 457 (1) For the purposes of this section, the term: 458 (e) "Resident" means any of the following: a frail elder 459 as defined in s. 429.65; a person who has a handicap as defined 460 in s. 760.22(8)(a) 760.22(7)(a); a person who has a 461 developmental disability as defined in s. 393.063; a 462 nondangerous person who has a mental illness as defined in s. 463 394.455; or a child who is found to be dependent as defined in 464 s. 39.01 or s. 984.03, or a child in need of services as defined 465 in s. 984.03 or s. 985.03. 466 Section 17. This act shall take effect July 1, 2014. 467