Text of FL H 247 (2012)

HB 247 1A bill to be entitled 2An act relating to prohibited discrimination; 3providing a short title; amending s. 760.01, F.S.; 4revising provisions to include sexual orientation and 5gender identity or expression as impermissible grounds 6for discrimination; conforming terminology; amending 7s. 760.02, F.S.; defining additional terms; creating 8s. 760.025, F.S.; specifying when an individual has an 9impairment for certain purposes; amending ss. 760.05, 10760.07, 760.08, and 760.10, F.S.; revising provisions 11to include sexual orientation and gender identity or 12expression as impermissible grounds for 13discrimination; conforming terminology; amending s. 14509.092, F.S.; revising provisions to include sexual 15orientation and gender identity or expression as 16impermissible grounds for discrimination in public 17lodging establishments and public food service 18establishments; amending s. 760.22, F.S.; defining 19additional terms; deleting the definition of the term 20"handicap"; creating s. 760.225, F.S.; specifying when 21an individual has an impairment for certain purposes; 22amending ss. 760.23, 760.24, 760.25, 760.26, and 23760.29, F.S.; revising provisions to include sexual 24orientation and gender identity or expression as 25impermissible grounds for discrimination; conforming 26terminology; amending ss. 760.31 and 760.50, F.S.; 27conforming terminology; amending s. 760.60, F.S.; 28revising provisions to include sexual orientation and 29gender identity or expression as impermissible grounds 30for discrimination; conforming terminology; amending 31s. 419.001, F.S.; conforming a cross-reference; 32providing an effective date. 33 34Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. This act may be cited as the "Competitive 37Workforce Act." 38 Section 2. Subsection (2) of section 760.01, Florida 39Statutes, is amended to read: 40 760.01 Purposes; construction; title.- 41 (2) The general purposes of the Florida Civil Rights Act 42of 1992 are to secure for all individuals within the state 43freedom from discrimination because of race, color, religion, 44sex, national origin, age, disability, sexual orientation, 45gender identity or expression handicap, or marital status and 46thereby to protect their interest in personal dignity, to make 47available to the state their full productive capacities, to 48secure the state against domestic strife and unrest, to preserve 49the public safety, health, and general welfare, and to promote 50the interests, rights, and privileges of individuals within the 51state. 52 Section 3. Section 760.02, Florida Statutes, is amended to 53read: 54 760.02 Definitions.-For the purposes of ss. 760.01-760.11 55and 509.092, the term: 56 (1) "Aggrieved person" means any person who files a 57complaint with the Florida Commission on Human Relations 58"Florida Civil Rights Act of 1992" means ss. 760.01-760.11 and 59509.092. 60 (2) "Commission" means the Florida Commission on Human 61Relations created by s. 760.03. 62 (3) "Commissioner" or "member" means a member of the 63commission. 64 (4) "Disability" means: 65 (a) A physical or mental impairment that substantially 66limits one or more of the major life activities of the 67individual; 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. 71393.063. 72 (5)(4) "Discriminatory practice" means any practice made 73unlawful by the Florida Civil Rights Act of 1992. 74 (6) "Employer" means any person employing 15 or more 75employees for each working day in each of 20 or more calendar 76weeks in the current or the previous calendar year, and any 77agent of such a person. 78 (7) "Employment agency" means any person regularly 79undertaking, with or without compensation, to procure employees 80for an employer or to procure for employees opportunities to 81work for an employer, and includes an agent of such a person. 82 (8) "Florida Civil Rights Act of 1992" means ss. 760.01- 83760.11 and 509.092. 84 (9) "Gender identity or expression" means gender-related 85identity, appearance, expression, or behavior of an individual, 86regardless of the individual's assigned sex at birth. 87 (10) "Labor organization" means any organization that 88exists for the purpose, in whole or in part, of collective 89bargaining or of dealing with employers concerning grievances, 90terms or conditions of employment, or other mutual aid or 91protection in connection with employment. 92 (11) "Major life activities" includes, but is not limited 93to: 94 (a) Caring for oneself, performing manual tasks, and 95functioning in a workplace environment. 96 (b) Major bodily functions, including, but not limited to, 97visual, auditory, aural, and cognitive functions; functions of 98the immune, digestive, neurological, respiratory, circulatory, 99endocrine, and reproductive systems; normal cell growth; and 100functions of the bowel, bladder, and brain. 101 (12)(5) "National origin" includes ancestry. 102 (13)(6) "Person" includes an individual, association, 103corporation, joint apprenticeship committee, joint-stock 104company, labor union, legal representative, mutual company, 105partnership, receiver, trust, trustee in bankruptcy, or 106unincorporated organization; any other legal or commercial 107entity; the state; or any governmental entity or agency. 108 (7) "Employer" means any person employing 15 or more 109employees for each working day in each of 20 or more calendar 110weeks in the current or preceding calendar year, and any agent 111of such a person. 112 (8) "Employment agency" means any person regularly 113undertaking, with or without compensation, to procure employees 114for an employer or to procure for employees opportunities to 115work for an employer, and includes an agent of such a person. 116 (9) "Labor organization" means any organization which 117exists for the purpose, in whole or in part, of collective 118bargaining or of dealing with employers concerning grievances, 119terms or conditions of employment, or other mutual aid or 120protection in connection with employment. 121 (10) "Aggrieved person" means any person who files a 122complaint with the Human Relations Commission. 123 (14)(11) "Public accommodations" means places of public 124accommodation, lodgings, facilities principally engaged in 125selling food for consumption on the premises, gasoline stations, 126places of exhibition or entertainment, and other covered 127establishments. Each of the following establishments which 128serves the public is a place of public accommodation within the 129meaning of this section: 130 (a) Any inn, hotel, motel, or other establishment that 131which provides lodging to transient guests, other than an 132establishment located within a building that which contains not 133more than four rooms for rent or hire and that which is actually 134occupied by the proprietor of such establishment as his or her 135residence. 136 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 137soda fountain, or other facility principally engaged in selling 138food for consumption on the premises, including, but not limited 139to, any such facility located on the premises of any retail 140establishment, or any gasoline station. 141 (c) Any motion picture theater, theater, concert hall, 142sports arena, stadium, or other place of exhibition or 143entertainment. 144 (d) Any establishment that which is physically located 145within the premises of any establishment otherwise covered by 146this subsection, or within the premises of which is physically 147located any such covered establishment, and which holds itself 148out as serving patrons of such covered establishment. 149 (15) "Sexual orientation" means an individual's actual or 150perceived heterosexuality, homosexuality, or bisexuality. 151 Section 4. Section 760.025, Florida Statutes, is created 152to read: 153 760.025 Impairment.-For purposes of this part, an 154individual who has been subjected to an action prohibited under 155this chapter because of an actual or perceived physical or 156mental impairment, regardless of whether the impairment limits 157or is perceived to limit a major life activity, has an 158impairment. An impairment that limits one major life activity 159may be considered a disability; however, a transitory or minor 160impairment may not be considered a disability. An impairment 161that is episodic or in remission is considered to be a 162disability if it substantially limits at least one major life 163activity when the impairment is active or not in remission. The 164determination of whether an impairment substantially limits at 165least one major life activity must be made without regard to the 166ameliorative effects of mitigating measures, such as medication; 167medical supplies; equipment or appliances; low-vision devices, 168not including ordinary eyeglasses or contact lenses; 169prosthetics, including artificial limbs and devices, hearing 170aids and cochlear implants or other implantable hearing devices, 171and mobility devices; oxygen therapy equipment and supplies; use 172of assistive technology; reasonable accommodations or auxiliary 173aids or services, including qualified interpreters or other 174effective measures of making aurally delivered materials 175available to individuals with hearing impairments; qualified 176readers; taped texts or other effective methods of making 177visually delivered materials available to individuals with 178visual impairments; acquisition or modification of equipment and 179devices and other similar services and actions; or learned 180behavioral or adaptive neurological modifications. 181 Section 5. Section 760.05, Florida Statutes, is amended to 182read: 183 760.05 Functions of the commission.-The commission shall 184promote and encourage fair treatment and equal opportunity for 185all persons regardless of race, color, religion, sex, national 186origin, age, disability, sexual orientation, gender identity or 187expression handicap, or marital status and mutual understanding 188and respect among all members of society all economic, social, 189racial, religious, and ethnic groups; and the commission shall 190endeavor to eliminate discrimination against, and antagonism 191between, persons on the basis of race, color, religion, sex, 192national origin, age, disability, sexual orientation, gender 193identity or expression, or marital status religious, racial, and 194ethnic groups and their members. 195 Section 6. Section 760.07, Florida Statutes, is amended to 196read: 197 760.07 Remedies for unlawful discrimination.-Any violation 198of any Florida statute making unlawful discrimination because of 199race, color, religion, gender, national origin, age, disability, 200sexual orientation, gender identity or expression handicap, or 201marital status in the areas of education, employment, housing, 202or public accommodations gives rise to a cause of action for all 203relief and damages described in s. 760.11(5), unless greater 204damages are expressly provided for. If the statute prohibiting 205unlawful discrimination provides an administrative remedy, the 206action for equitable relief and damages provided for in this 207section may be initiated only after the plaintiff has exhausted 208his or her administrative remedy. The term "public 209accommodations" does not include lodge halls or other similar 210facilities of private organizations that which are made 211available for public use occasionally or periodically. The right 212to trial by jury is preserved in any case in which the plaintiff 213is seeking actual or punitive damages. 214 Section 7. Section 760.08, Florida Statutes, is amended to 215read: 216 760.08 Discrimination in places of public accommodation.- 217All persons shall be entitled to the full and equal enjoyment of 218the goods, services, facilities, privileges, advantages, and 219accommodations of any place of public accommodation, as defined 220in this chapter, without discrimination or segregation on the 221ground of race, color, national origin, sex, disability, sexual 222orientation, gender identity or expression handicap, familial 223status, or religion. 224 Section 8. Subsections (1) and (2), paragraphs (a) and (b) 225of subsection (3), subsections (4), (5), and (6), and paragraph 226(a) of subsection (8) of section 760.10, Florida Statutes, are 227amended 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 231individual, or otherwise to discriminate against any individual 232with respect to compensation, terms, conditions, or privileges 233of employment, because of such individual's race, color, 234religion, sex, national origin, age, disability, sexual 235orientation, gender identity or expression handicap, or marital 236status. 237 (b) To limit, segregate, or classify employees or 238applicants for employment in any way which would deprive or tend 239to deprive any individual of employment opportunities, or 240adversely affect any individual's status as an employee, because 241of such individual's race, color, religion, sex, national 242origin, age, disability, sexual orientation, gender identity or 243expression handicap, or marital status. 244 (2) It is an unlawful employment practice for an 245employment agency to fail or refuse to refer for employment, or 246otherwise to discriminate against, any individual because of 247race, color, religion, sex, national origin, age, disability, 248sexual orientation, gender identity or expression handicap, or 249marital status or to classify or refer for employment any 250individual on the basis of race, color, religion, sex, national 251origin, age, disability, sexual orientation, gender identity or 252expression handicap, or marital status. 253 (3) It is an unlawful employment practice for a labor 254organization: 255 (a) To exclude or to expel from its membership, or 256otherwise to discriminate against, any individual because of 257race, color, religion, sex, national origin, age, disability, 258sexual orientation, gender identity or expression handicap, or 259marital status. 260 (b) To limit, segregate, or classify its membership or 261applicants for membership, or to classify or fail or refuse to 262refer for employment any individual, in any way which would 263deprive or tend to deprive any individual of employment 264opportunities, or adversely affect any individual's status as an 265employee or as an applicant for employment, because of such 266individual's race, color, religion, sex, national origin, age, 267disability, sexual orientation, gender identity or expression 268handicap, or marital status. 269 (4) It is an unlawful employment practice for any 270employer, labor organization, or joint labor-management 271committee controlling apprenticeship or other training or 272retraining, including on-the-job training programs, to 273discriminate against any individual because of race, color, 274religion, sex, national origin, age, disability, sexual 275orientation, gender identity or expression handicap, or marital 276status in admission to, or employment in, any program 277established to provide apprenticeship or other training. 278 (5) Whenever, in order to engage in a profession, 279occupation, or trade, it is required that a person receive a 280license, certification, or other credential, become a member or 281an associate of any club, association, or other organization, or 282pass any examination, it is an unlawful employment practice for 283any person to discriminate against any other person seeking such 284license, certification, or other credential, seeking to become a 285member or associate of such club, association, or other 286organization, or seeking to take or pass such examination, 287because of such other person's race, color, religion, sex, 288national origin, age, disability, sexual orientation, gender 289identity or expression handicap, or marital status. 290 (6) It is an unlawful employment practice for an employer, 291labor organization, employment agency, or joint labor-management 292committee to print, or cause to be printed or published, any 293notice or advertisement relating to employment, membership, 294classification, referral for employment, or apprenticeship or 295other training, indicating any preference, limitation, 296specification, or discrimination, based on race, color, 297religion, sex, national origin, age, absence of disability, 298sexual orientation, gender identity or expression handicap, or 299marital status. 300 (8) Notwithstanding any other provision of this section, 301it is not an unlawful employment practice under ss. 760.01- 302760.10 for an employer, employment agency, labor organization, 303or joint labor-management committee to: 304 (a) Take or fail to take any action on the basis of 305religion, sex, national origin, age, disability, sexual 306orientation, gender identity or expression handicap, or marital 307status in those certain instances in which religion, sex, 308national origin, age, absence of a particular disability, sexual 309orientation, gender identity or expression handicap, or marital 310status is a bona fide occupational qualification reasonably 311necessary for the performance of the particular employment to 312which such action or inaction is related. 313 Section 9. Section 509.092, Florida Statutes, is amended 314to read: 315 509.092 Public lodging establishments and public food 316service establishments; rights as private enterprises.-Public 317lodging establishments and public food service establishments 318are private enterprises, and the operator has the right to 319refuse accommodations or service to any person who is 320objectionable or undesirable to the operator, but such refusal 321may not be based upon race, creed, color, sex, physical 322disability, sexual orientation, gender identity or expression, 323or national origin. A person aggrieved by a violation of this 324section or a violation of a rule adopted under this section has 325a right of action pursuant to s. 760.11. 326 Section 10. Section 760.22, Florida Statutes, is amended 327to read: 328 760.22 Definitions.-As used in ss. 760.20-760.37, the 329term: 330 (1) "Commission" means the Florida Commission on Human 331Relations. 332 (2) "Covered multifamily dwelling" means: 333 (a) A building that which consists of four or more units 334and has an elevator; or 335 (b) The ground floor units of a building that which 336consists of four or more units and does not have an elevator. 337 (3) "Disability" has the same meaning as provided in s. 338760.02. 339 (4)(3) "Discriminatory housing practice" means an act that 340is unlawful under the terms of ss. 760.20-760.37. 341 (5)(4) "Dwelling" means any building or structure, or 342portion thereof, which is occupied as, or designed or intended 343for occupancy as, a residence by one or more families, and any 344vacant land that which is offered for sale or lease for the 345construction or location on the land of any such building or 346structure, or portion thereof. 347 (6)(5) "Familial status" is established when an individual 348who has not attained the age of 18 years is domiciled with: 349 (a) A parent or other person having legal custody of such 350individual; or 351 (b) A designee of a parent or other person having legal 352custody, with the written permission of such parent or other 353person. 354 (7)(6) "Family" includes a single individual. 355 (8) "Gender identity or expression" has the same meaning 356as provided in s. 760.02. 357 (9) " Major life activities " has the same meaning as 358provided in s. 760.02. 359 (7) "Handicap" means: 360 (a) A person has a physical or mental impairment which 361substantially limits one or more major life activities, or he or 362she has a record of having, or is regarded as having, such 363physical or mental impairment; or 364 (b) A person has a developmental disability as defined in 365s. 393.063. 366 (10)(8) "Person" includes one or more individuals, 367corporations, partnerships, associations, labor organizations, 368legal representatives, mutual companies, joint-stock companies, 369trusts, unincorporated organizations, trustees, trustees in 370bankruptcy, receivers, and fiduciaries. 371 (11) "Sexual orientation" has the same meaning as provided 372in s. 760.02. 373 (12)(9) "Substantially equivalent" means an administrative 374subdivision of the State of Florida meeting the requirements of 37524 C.F.R. part 115, s. 115.6. 376 (13) "Substantially limits" means to materially restrict 377an individual's ability. 378 (14)(10) "To rent" includes to lease, to sublease, to let, 379and otherwise to grant for a consideration the right to occupy 380premises not owned by the occupant. 381 (15) "Transitory or minor impairment" means any impairment 382having an actual, apparent, or expected duration of 6 months or 383less. 384 Section 11. Section 760.225, Florida Statutes, is created 385to read: 386 760.225 Impairment.-For purposes of this part, an 387individual who has been subjected to an action prohibited under 388this chapter because of an actual or perceived physical or 389mental impairment, regardless of whether the impairment limits 390or is perceived to limit a major life activity, has an 391impairment. An impairment that limits one major life activity 392may be considered a disability; however, a transitory or minor 393impairment may not be considered a disability. An impairment 394that is episodic or in remission is considered a disability if 395it substantially limits at least one major life activity when 396the impairment is active or not in remission. The determination 397of whether an impairment substantially limits a major life 398activity must be made without regard to the ameliorative effects 399of mitigating measures, such as medication; medical supplies; 400equipment or appliances; low-vision devices, not including 401ordinary eyeglasses or contact lenses; prosthetics, including 402artificial limbs and devices, hearing aids and cochlear implants 403or other implantable hearing devices, and mobility devices; 404oxygen therapy equipment and supplies; use of assistive 405technology; reasonable accommodations or auxiliary aids or 406services, including qualified interpreters or other effective 407measures of making aurally delivered materials available to 408individuals with hearing impairments; qualified readers; taped 409texts or other effective methods of making visually delivered 410materials available to individuals with visual impairments; 411acquisition or modification of equipment and devices and other 412similar services and actions; or learned behavioral or adaptive 413neurological modifications. 414 Section 12. Subsections (1), (2), (3), (4), (5), (7), and 415(8), paragraph (a) of subsection (9), and paragraphs (a) and (d) 416of subsection (10) of section 760.23, Florida Statutes, are 417amended to read: 418 760.23 Discrimination in the sale or rental of housing and 419other prohibited practices.- 420 (1) It is unlawful to refuse to sell or rent after the 421making of a bona fide offer, to refuse to negotiate for the sale 422or rental of, or otherwise to make unavailable or deny a 423dwelling to any person because of race, color, national origin, 424sex, disability, sexual orientation, gender identity or 425expression handicap, familial status, or religion. 426 (2) It is unlawful to discriminate against any person in 427the terms, conditions, or privileges of sale or rental of a 428dwelling, or in the provision of services or facilities in 429connection therewith, because of race, color, national origin, 430sex, disability, sexual orientation, gender identity or 431expression handicap, familial status, or religion. 432 (3) It is unlawful to make, print, or publish, or cause to 433be made, printed, or published, any notice, statement, or 434advertisement with respect to the sale or rental of a dwelling 435that indicates any preference, limitation, or discrimination 436based on race, color, national origin, sex, disability, sexual 437orientation, gender identity or expression handicap, familial 438status, or religion or an intention to make any such preference, 439limitation, or discrimination. 440 (4) It is unlawful to represent to any person because of 441race, color, national origin, sex, disability, sexual 442orientation, gender identity or expression handicap, familial 443status, or religion that any dwelling is not available for 444inspection, sale, or rental when such dwelling is in fact so 445available. 446 (5) It is unlawful, for profit, to induce or attempt to 447induce any person to sell or rent any dwelling by a 448representation regarding the entry or prospective entry into the 449neighborhood of a person or persons of a particular race, color, 450national origin, sex, disability, sexual orientation, gender 451identity or expression handicap, familial status, or religion. 452 (7) It is unlawful to discriminate in the sale or rental 453of, or to otherwise make unavailable or deny, a dwelling to any 454buyer or renter because of a disability handicap of: 455 (a) That buyer or renter; 456 (b) A person residing in or intending to reside in that 457dwelling after it is sold, rented, or made available; or 458 (c) Any person associated with the buyer or renter. 459 (8) It is unlawful to discriminate against any person in 460the terms, conditions, or privileges of sale or rental of a 461dwelling, or in the provision of services or facilities in 462connection with such dwelling, because of a disability handicap 463of: 464 (a) That buyer or renter; 465 (b) A person residing in or intending to reside in that 466dwelling after it is sold, rented, or made available; or 467 (c) Any person associated with the buyer or renter. 468 (9) For purposes of subsections (7) and (8), 469discrimination includes: 470 (a) A refusal to permit, at the expense of the handicapped 471person who has a disability, reasonable modifications of 472existing premises occupied or to be occupied by such person if 473such modifications may be necessary to afford such person full 474enjoyment of the premises; or 475 (10) Covered multifamily dwellings as defined herein that 476which are intended for first occupancy after March 13, 1991, 477shall be designed and constructed to have at least one building 478entrance on an accessible route unless it is impractical to do 479so because of the terrain or unusual characteristics of the site 480as determined by commission rule. Such buildings shall also be 481designed and constructed in such a manner that: 482 (a) The public use and common use portions of such 483dwellings are readily accessible to and usable by handicapped 484persons who have disabilities. 485 (d) Compliance with the appropriate requirements of the 486American National Standards Institute for buildings and 487facilities providing accessibility and usability for physically 488handicapped people who have physical disabilities, commonly 489cited as ANSI A117.1-1986, suffices to satisfy the requirements 490of paragraph (c). 491 492State agencies with building construction regulation 493responsibility or local governments, as appropriate, shall 494review the plans and specifications for the construction of 495covered multifamily dwellings to determine consistency with the 496requirements of this subsection. 497 Section 13. Section 760.24, Florida Statutes, is amended 498to read: 499 760.24 Discrimination in the provision of brokerage 500services.-It is unlawful to deny any person access to, or 501membership or participation in, any multiple-listing service, 502real estate brokers' organization, or other service, 503organization, or facility relating to the business of selling or 504renting dwellings, or to discriminate against him or her in the 505terms or conditions of such access, membership, or 506participation, on account of race, color, national origin, sex, 507disability, sexual orientation, gender identity or expression 508handicap, familial status, or religion. 509 Section 14. Subsection (1) and paragraph (a) of subsection 510(2) of section 760.25, Florida Statutes, are amended to read: 511 760.25 Discrimination in the financing of housing or in 512residential real estate transactions.- 513 (1) It is unlawful for any bank, building and loan 514association, insurance company, or other corporation, 515association, firm, or enterprise the business of which consists 516in whole or in part of the making of commercial real estate 517loans to deny a loan or other financial assistance to a person 518applying for the loan for the purpose of purchasing, 519constructing, improving, repairing, or maintaining a dwelling, 520or to discriminate against him or her in the fixing of the 521amount, interest rate, duration, or other term or condition of 522such loan or other financial assistance, because of the race, 523color, national origin, sex, disability, sexual orientation, 524gender identity or expression handicap, familial status, or 525religion of such person or of any person associated with him or 526her in connection with such loan or other financial assistance 527or the purposes of such loan or other financial assistance, or 528because of the race, color, national origin, sex, disability, 529sexual orientation, gender identity or expression handicap, 530familial status, or religion of the present or prospective 531owners, lessees, tenants, or occupants of the dwelling or 532dwellings in relation to which such loan or other financial 533assistance is to be made or given. 534 (2)(a) It is unlawful for any person or entity whose 535business includes engaging in residential real estate 536transactions to discriminate against any person in making 537available such a transaction, or in the terms or conditions of 538such a transaction, because of race, color, national origin, 539sex, disability, sexual orientation, gender identity or 540expression handicap, familial status, or religion. 541 Section 15. Section 760.26, Florida Statutes, is amended 542to read: 543 760.26 Prohibited discrimination in land use decisions and 544in permitting of development.-It is unlawful to discriminate in 545land use decisions or in the permitting of development based on 546race, color, national origin, sex, sexual orientation, gender 547identity or expression, disability, familial status, religion, 548or, except as otherwise provided by law, the source of financing 549of a development or proposed development. 550 Section 16. Paragraph (a) of subsection (5) of section 551760.29, Florida Statutes, is amended to read: 552 760.29 Exemptions.- 553 (5) Nothing in ss. 760.20-760.37: 554 (a) Prohibits a person engaged in the business of 555furnishing appraisals of real property from taking into 556consideration factors other than race, color, national origin, 557sex, disability, sexual orientation, gender identity or 558expression handicap, familial status, or religion. 559 Section 17. Subsection (5) of section 760.31, Florida 560Statutes, is amended to read: 561 760.31 Powers and duties of commission.-The commission 562shall: 563 (5) Adopt rules necessary to implement ss. 760.20-760.37 564and govern the proceedings of the commission in accordance with 565chapter 120. Commission rules shall clarify terms used with 566regard to handicapped accessibility for persons with 567disabilities, exceptions from accessibility requirements based 568on terrain or site characteristics, and requirements related to 569housing for older persons. Commission rules shall specify the 570fee and the forms and procedures to be used for the registration 571required by s. 760.29(4)(e). 572 Section 18. Subsection (2) of section 760.50, Florida 573Statutes, is amended to read: 574 760.50 Discrimination on the basis of AIDS, AIDS-related 575complex, and HIV prohibited.- 576 (2) Any person with or perceived as having acquired immune 577deficiency syndrome, acquired immune deficiency syndrome related 578complex, or human immunodeficiency virus shall have every 579protection made available to handicapped persons with 580disabilities. 581 Section 19. Subsection (1) of section 760.60, Florida 582Statutes, is amended to read: 583 760.60 Discriminatory practices of certain clubs 584prohibited; remedies.- 585 (1) It is unlawful for a person to discriminate against 586any individual because of race, color, religion, gender, 587national origin, disability, sexual orientation, gender identity 588or expression handicap, age above the age of 21, or marital 589status in evaluating an application for membership in a club 590that has more than 400 members, that provides regular meal 591service, and that regularly receives payment for dues, fees, use 592of space, facilities, services, meals, or beverages directly or 593indirectly from nonmembers for business purposes. It is unlawful 594for a person, on behalf of such a club, to publish, circulate, 595issue, display, post, or mail any advertisement, notice, or 596solicitation that contains a statement to the effect that the 597accommodations, advantages, facilities, membership, or 598privileges of the club are denied to any individual because of 599race, color, religion, gender, national origin, disability, 600sexual orientation, gender identity or expression handicap, age 601above the age of 21, or marital status. This subsection does not 602apply to fraternal or benevolent organizations, ethnic clubs, or 603religious organizations where business activity is not 604prevalent. 605 Section 20. Paragraph (e) of subsection (1) of section 606419.001, Florida Statutes, is amended to read: 607 419.001 Site selection of community residential homes.- 608 (1) For the purposes of this section, the term: 609 (e) "Resident" means any of the following: a frail elder 610as defined in s. 429.65; a person who has a physical disability 611handicap as defined in s. 760.22(3) 760.22(7)(a); a person who 612has a developmental disability as defined in s. 393.063; a 613nondangerous person who has a mental illness as defined in s. 614394.455; or a child who is found to be dependent as defined in 615s. 39.01 or s. 984.03, or a child in need of services as defined 616in s. 984.03 or s. 985.03. 617 Section 21. This act shall take effect July 1, 2012. CODING: Words stricken are deletions; words underlined are additions.