Text of FL H 33 (2015)

HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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; 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 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 adding sexual orientation and gender identity or 27 expression as impermissible grounds for 28 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 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 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 (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, or behavior, whether such gender-related 73 identity, appearance, or behavior is different from that 74 traditionally associated with the person's physiology or 75 assigned sex at birth, which gender-related identity can be 76 shown by providing evidence, including, but not limited to: 77 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 (a) Medical history, care, or treatment of the gender- 78 related identity; 79 (b) Consistent and uniform assertion of the gender-related 80 identity; or 81 (c) Other evidence that the gender-related identity is a 82 sincerely held part of a person's core identity and is not being 83 asserted for an improper purpose. 84 (9) "Labor organization" means any organization which 85 exists for the purpose, in whole or in part, of collective 86 bargaining or of dealing with employers concerning grievances, 87 terms or conditions of employment, or other mutual aid or 88 protection in connection with employment. 89 (10)(5) "National origin" includes ancestry. 90 (11)(6) "Person" includes an individual, association, 91 corporation, joint apprenticeship committee, joint-stock 92 company, labor union, legal representative, mutual company, 93 partnership, receiver, trust, trustee in bankruptcy, or 94 unincorporated organization; any other legal or commercial 95 entity; the state; or any governmental entity or agency. 96 (12)(11) "Public accommodations" means places of public 97 accommodation, lodgings, facilities principally engaged in 98 selling food for consumption on the premises, gasoline stations, 99 places of exhibition or entertainment, and other covered 100 establishments. Each of the following establishments which 101 serves the public is a place of public accommodation within the 102 meaning of this section: 103 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 (a) Any inn, hotel, motel, or other establishment that 104 which provides lodging to transient guests, other than an 105 establishment located within a building that which contains not 106 more than four rooms for rent or hire and that which is actually 107 occupied by the proprietor of such establishment as his or her 108 residence. 109 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 110 soda fountain, or other facility principally engaged in selling 111 food for consumption on the premises, including, but not limited 112 to, any such facility located on the premises of any retail 113 establishment, or any gasoline station. 114 (c) Any motion picture theater, theater, concert hall, 115 sports arena, stadium, or other place of exhibition or 116 entertainment. 117 (d) Any establishment that which is physically located 118 within the premises of any establishment otherwise covered by 119 this subsection, or within the premises of which is physically 120 located any such covered establishment, and which holds itself 121 out as serving patrons of such covered establishment. 122 (13) "Sexual orientation" means an individual's actual or 123 perceived heterosexuality, homosexuality, or bisexuality. 124 Section 4. Section 760.05, Florida Statutes, is amended to 125 read: 126 760.05 Functions of the commission.—The commission shall 127 promote and encourage fair treatment and equal opportunity for 128 all persons regardless of race, color, religion, sex, national 129 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 origin, age, sexual orientation, gender identity or expression, 130 handicap, or marital status and mutual understanding and respect 131 among all members of society all economic, social, racial, 132 religious, and ethnic groups; and the commission shall endeavor 133 to eliminate discrimination against, and antagonism between, 134 persons on the basis of or based on the perception of race, 135 color, religion, sex, national origin, age, sexual orientation, 136 gender identity or expression, handicap, or marital status 137 religious, racial, and ethnic groups and their members. 138 Section 5. Section 760.07, Florida Statutes, is amended to 139 read: 140 760.07 Remedies for unlawful discrimination.—Any violation 141 of any Florida statute making unlawful discrimination because of 142 or based on the perception of race, color, religion, gender, 143 national origin, age, sexual orientation, gender identity or 144 expression, handicap, or marital status in the areas of 145 education, employment, housing, or public accommodations gives 146 rise to a cause of action for all relief and damages described 147 in s. 760.11(5), unless greater damages are expressly provided 148 for. If the statute prohibiting unlawful discrimination provides 149 an administrative remedy, the action for equitable relief and 150 damages provided for in this section may be initiated only after 151 the plaintiff has exhausted his or her administrative remedy. 152 The term "public accommodations" does not include lodge halls or 153 other similar facilities of private organizations which are made 154 available for public use occasionally or periodically. The right 155 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 to trial by jury is preserved in any case in which the plaintiff 156 is seeking actual or punitive damages. 157 Section 6. Section 760.08, Florida Statutes, is amended to 158 read: 159 760.08 Discrimination in places of public accommodation.— 160 All persons shall be entitled to the full and equal enjoyment of 161 the goods, services, facilities, privileges, advantages, and 162 accommodations of any place of public accommodation, as defined 163 in this chapter, without discrimination or segregation on the 164 ground of or based on the perception of race, color, national 165 origin, sex, sexual orientation, gender identity or expression, 166 handicap, familial status, or religion. 167 Section 7. Subsections (1) and (2), paragraphs (a) and (b) 168 of subsection (3), subsections (4), (5), and (6), paragraph (a) 169 of subsection (8), and subsection (9) of section 760.10, Florida 170 Statutes, are amended to read: 171 760.10 Unlawful employment practices.— 172 (1) It is an unlawful employment practice for an employer: 173 (a) To discharge or to fail or refuse to hire any 174 individual, or otherwise to discriminate against any individual 175 with respect to compensation, terms, conditions, or privileges 176 of employment, because of or based on the perception of such 177 individual's race, color, religion, sex, national origin, age, 178 sexual orientation, gender identity or expression, handicap, or 179 marital status. 180 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 (b) To limit, segregate, or classify employees or 181 applicants for employment in any way which would deprive or tend 182 to deprive any individual of employment opportunities, or 183 adversely affect any individual's status as an employee, because 184 of or based on the perception of such individual's race, color, 185 religion, sex, national origin, age, sexual orientation, gender 186 identity or expression, handicap, or marital status. 187 (2) It is an unlawful employment practice for an 188 employment agency to fail or refuse to refer for employment, or 189 otherwise to discriminate against, any individual because of or 190 based on the perception of race, color, religion, sex, national 191 origin, age, sexual orientation, gender identity or expression, 192 handicap, or marital status or to classify or refer for 193 employment any individual on the basis of or based on the 194 perception of race, color, religion, sex, national origin, age, 195 sexual orientation, gender identity or expression, handicap, or 196 marital status. 197 (3) It is an unlawful employment practice for a labor 198 organization: 199 (a) To exclude or to expel from its membership, or 200 otherwise to discriminate against, any individual because of or 201 based on the perception of race, color, religion, sex, national 202 origin, age, sexual orientation, gender identity or expression, 203 handicap, or marital status. 204 (b) To limit, segregate, or classify its membership or 205 applicants for membership, or to classify or fail or refuse to 206 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 refer for employment any individual, in any way that which would 207 deprive or tend to deprive any individual of employment 208 opportunities, or adversely affect any individual's status as an 209 employee or as an applicant for employment, because of or based 210 on the perception of such individual's race, color, religion, 211 sex, national origin, age, sexual orientation, gender identity 212 or expression, handicap, or marital status. 213 (4) It is an unlawful employment practice for any 214 employer, labor organization, or joint labor-management 215 committee controlling apprenticeship or other training or 216 retraining, including on-the-job training programs, to 217 discriminate against any individual because of or based on the 218 perception of race, color, religion, sex, national origin, age, 219 sexual orientation, gender identity or expression, handicap, or 220 marital status in admission to, or employment in, any program 221 established to provide apprenticeship or other training. 222 (5) Whenever, in order to engage in a profession, 223 occupation, or trade, it is required that a person receive a 224 license, certification, or other credential, become a member or 225 an associate of any club, association, or other organization, or 226 pass any examination, it is an unlawful employment practice for 227 any person to discriminate against any other person seeking such 228 license, certification, or other credential, seeking to become a 229 member or associate of such club, association, or other 230 organization, or seeking to take or pass such examination, 231 because of or based on the perception of such other person's 232 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 race, color, religion, sex, national origin, age, sexual 233 orientation, gender identity or expression handicap, or marital 234 status. 235 (6) It is an unlawful employment practice for an employer, 236 labor organization, employment agency, or joint labor-management 237 committee to print, or cause to be printed or published, any 238 notice or advertisement relating to employment, membership, 239 classification, referral for employment, or apprenticeship or 240 other training, indicating any preference, limitation, 241 specification, or discrimination, based on a person's actual or 242 perceived race, color, religion, sex, national origin, age, 243 sexual orientation, gender identity or expression, absence of 244 handicap, or marital status. 245 (8) Notwithstanding any other provision of this section, 246 it is not an unlawful employment practice under ss. 760.01- 247 760.10 for an employer, employment agency, labor organization, 248 or joint labor-management committee to: 249 (a) Take or fail to take any action on the basis of a 250 person's actual or perceived religion, sex, national origin, 251 age, sexual orientation, gender identity or expression, 252 handicap, or marital status in those certain instances in which 253 religion, sex, national origin, age, sexual orientation, gender 254 identity or expression, absence of a particular handicap, or 255 marital status is a bona fide occupational qualification 256 reasonably necessary for the performance of the particular 257 employment to which such action or inaction is related. 258 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 (9)(a) This section shall not apply to any religious 259 corporation, association, educational institution, or society 260 which conditions opportunities in the area of employment or 261 public accommodation to members of that religious corporation, 262 association, educational institution, or society or to persons 263 who subscribe to its tenets or beliefs. 264 (b) This section shall not prohibit a religious 265 corporation, association, educational institution, or society 266 from giving preference in employment to individuals of a 267 particular religion to perform work connected with the carrying 268 on by such corporations, associations, educational institutions, 269 or societies of its various activities. 270 (c) This section and s. 760.08 shall not apply to limit 271 the free exercise of religion guaranteed by the United States 272 Constitution and the State Constitution. 273 Section 8. Section 509.092, Florida Statutes, is amended 274 to read: 275 509.092 Public lodging establishments and public food 276 service establishments; rights as private enterprises.— 277 (1) Public lodging establishments and public food service 278 establishments are private enterprises, and the operator has the 279 right to refuse accommodations or service to any person who is 280 objectionable or undesirable to the operator, but such refusal 281 may not be based upon the person's actual or perceived race, 282 creed, color, sex, physical disability, sexual orientation, 283 gender identity or expression, or national origin. 284 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 (2) A person aggrieved by a violation of this section or a 285 violation of a rule adopted under this section has a right of 286 action pursuant to s. 760.11. 287 (3) This section shall not limit the free exercise of 288 religion guaranteed by the United States Constitution and the 289 Florida Constitution. 290 Section 9. Section 760.22, Florida Statutes, is amended to 291 read: 292 760.22 Definitions.—As used in ss. 760.20-760.37, the 293 term: 294 (1) "Commission" means the Florida Commission on Human 295 Relations. 296 (2) "Covered multifamily dwelling" means: 297 (a) A building that which consists of four or more units 298 and has an elevator; or 299 (b) The ground floor units of a building that which 300 consists of four or more units and does not have an elevator. 301 (3) "Discriminatory housing practice" means an act that is 302 unlawful under the terms of ss. 760.20-760.37. 303 (4) "Dwelling" means any building or structure, or portion 304 thereof, which is occupied as, or designed or intended for 305 occupancy as, a residence by one or more families, and any 306 vacant land that which is offered for sale or lease for the 307 construction or location on the land of any such building or 308 structure, or portion thereof. 309 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 (5) "Familial status" is established when an individual 310 who has not attained the age of 18 years is domiciled with: 311 (a) A parent or other person having legal custody of such 312 individual; or 313 (b) A designee of a parent or other person having legal 314 custody, with the written permission of such parent or other 315 person. 316 (6) "Family" includes a single individual. 317 (7) "Gender identity or expression" has the same meaning 318 as provided in s. 760.02. 319 (8)(7) "Handicap" means: 320 (a) A person has a physical or mental impairment which 321 substantially limits one or more major life activities, or he or 322 she has a record of having, or is regarded as having, such 323 physical or mental impairment; or 324 (b) A person has a developmental disability as defined in 325 s. 393.063. 326 (9)(8) "Person" includes one or more individuals, 327 corporations, partnerships, associations, labor organizations, 328 legal representatives, mutual companies, joint-stock companies, 329 trusts, unincorporated organizations, trustees, trustees in 330 bankruptcy, receivers, and fiduciaries. 331 (10) "Sexual orientation" has the same meaning as provided 332 in s. 760.02. 333 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 (11)(9) "Substantially equivalent" means an administrative 334 subdivision of the State of Florida meeting the requirements of 335 24 C.F.R. part 115, s. 115.6. 336 (12)(10) "To rent" includes to lease, to sublease, to let, 337 and otherwise to grant for a consideration the right to occupy 338 premises not owned by the occupant. 339 Section 10. Subsections (1) through (5) of section 760.23, 340 Florida Statutes, are amended to read: 341 760.23 Discrimination in the sale or rental of housing and 342 other prohibited practices.— 343 (1) It is unlawful to refuse to sell or rent after the 344 making of a bona fide offer, to refuse to negotiate for the sale 345 or rental of, or otherwise to make unavailable or deny a 346 dwelling to any person because of or based on the perception of 347 race, color, national origin, sex, sexual orientation, gender 348 identity or expression, handicap, familial status, or religion. 349 (2) It is unlawful to discriminate against any person in 350 the terms, conditions, or privileges of sale or rental of a 351 dwelling, or in the provision of services or facilities in 352 connection therewith, because of or based on the perception of 353 race, color, national origin, sex, sexual orientation, gender 354 identity or expression, handicap, familial status, or religion. 355 (3) It is unlawful to make, print, or publish, or cause to 356 be made, printed, or published, any notice, statement, or 357 advertisement with respect to the sale or rental of a dwelling 358 that indicates any preference, limitation, or discrimination 359 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 based on a person's actual or perceived race, color, national 360 origin, sex, sexual orientation, gender identity or expression, 361 handicap, familial status, or religion or an intention to make 362 any such preference, limitation, or discrimination. 363 (4) It is unlawful to represent to any person because of 364 or based on the perception of the person's race, color, national 365 origin, sex, sexual orientation, gender identity or expression, 366 handicap, familial status, or religion that any dwelling is not 367 available for inspection, sale, or rental when such dwelling is 368 in fact so available. 369 (5) It is unlawful, for profit, to induce or attempt to 370 induce any person to sell or rent any dwelling by a 371 representation regarding the entry or prospective entry into the 372 neighborhood of a person or persons of or perceived to be of a 373 particular race, color, national origin, sex, sexual 374 orientation, gender identity or expression, handicap, familial 375 status, or religion. 376 Section 11. Section 760.24, Florida Statutes, is amended 377 to read: 378 760.24 Discrimination in the provision of brokerage 379 services.—It is unlawful to deny any person access to, or 380 membership or participation in, any multiple-listing service, 381 real estate brokers' organization, or other service, 382 organization, or facility relating to the business of selling or 383 renting dwellings, or to discriminate against him or her in the 384 terms or conditions of such access, membership, or 385 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 participation, on account of or based on the perception of race, 386 color, national origin, sex, sexual orientation, gender identity 387 or expression, handicap, familial status, or religion. 388 Section 12. Subsection (1) and paragraph (a) of subsection 389 (2) of section 760.25, Florida Statutes, are amended to read: 390 760.25 Discrimination in the financing of housing or in 391 residential real estate transactions.— 392 (1) It is unlawful for any bank, building and loan 393 association, insurance company, or other corporation, 394 association, firm, or enterprise the business of which consists 395 in whole or in part of the making of commercial real estate 396 loans to deny a loan or other financial assistance to a person 397 applying for the loan for the purpose of purchasing, 398 constructing, improving, repairing, or maintaining a dwelling, 399 or to discriminate against him or her in the fixing of the 400 amount, interest rate, duration, or other term or condition of 401 such loan or other financial assistance, because of or based on 402 the perception of the race, color, national origin, sex, sexual 403 orientation, gender identity or expression, handicap, familial 404 status, or religion of such person or of any person associated 405 with him or her in connection with such loan or other financial 406 assistance or the purposes of such loan or other financial 407 assistance, or because of or based on the perception of the 408 race, color, national origin, sex, sexual orientation, gender 409 identity or expression, handicap, familial status, or religion 410 of the present or prospective owners, lessees, tenants, or 411 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 occupants of the dwelling or dwellings in relation to which such 412 loan or other financial assistance is to be made or given. 413 (2)(a) It is unlawful for any person or entity whose 414 business includes engaging in residential real estate 415 transactions to discriminate against any person in making 416 available such a transaction, or in the terms or conditions of 417 such a transaction, because of or based on the perception of 418 race, color, national origin, sex, sexual orientation, gender 419 identity or expression, handicap, familial status, or religion. 420 Section 13. Section 760.26, Florida Statutes, is amended 421 to read: 422 760.26 Prohibited discrimination in land use decisions and 423 in permitting of development.—It is unlawful to discriminate in 424 land use decisions or in the permitting of development based on 425 a person's actual or perceived race, color, national origin, 426 sex, sexual orientation, gender identity or expression, 427 disability, familial status, religion, or, except as otherwise 428 provided by law, the source of financing of a development or 429 proposed development. 430 Section 14. Paragraph (a) of subsection (5) of section 431 760.29, Florida Statutes, is amended to read: 432 760.29 Exemptions.— 433 (5) Nothing in ss. 760.20-760.37: 434 (a) Prohibits a person engaged in the business of 435 furnishing appraisals of real property from taking into 436 consideration factors other than race, color, national origin, 437 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 sex, sexual orientation, gender identity or expression, 438 handicap, familial status, or religion. 439 Section 15. Subsection (1) of section 760.60, Florida 440 Statutes, is amended to read: 441 760.60 Discriminatory practices of certain clubs 442 prohibited; remedies.— 443 (1) It is unlawful for a person to discriminate against 444 any individual because of or based on the perception of race, 445 color, religion, gender, national origin, handicap, age above 446 the age of 21, sexual orientation, gender identity or 447 expression, or marital status in evaluating an application for 448 membership in a club that has more than 400 members, that 449 provides regular meal service, and that regularly receives 450 payment for dues, fees, use of space, facilities, services, 451 meals, or beverages directly or indirectly from nonmembers for 452 business purposes. It is unlawful for a person, on behalf of 453 such a club, to publish, circulate, issue, display, post, or 454 mail any advertisement, notice, or solicitation that contains a 455 statement to the effect that the accommodations, advantages, 456 facilities, membership, or privileges of the club are denied to 457 any individual because of or based on the perception of race, 458 color, religion, gender, national origin, handicap, age above 459 the age of 21, sexual orientation, gender identity or 460 expression, or marital status. This subsection does not apply to 461 fraternal or benevolent organizations, ethnic clubs, or 462 HB 33 2015 CODING: Words stricken are deletions; words underlined are additions. hb0033-00 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 religious organizations where business activity is not 463 prevalent. 464 Section 16. Paragraph (e) of subsection (1) of section 465 419.001, Florida Statutes, is amended to read: 466 419.001 Site selection of community residential homes.— 467 (1) For the purposes of this section, the term: 468 (e) "Resident" means any of the following: a frail elder 469 as defined in s. 429.65; a person who has a handicap as defined 470 in s. 760.22(8)(a) 760.22(7)(a); a person who has a 471 developmental disability as defined in s. 393.063; a 472 nondangerous person who has a mental illness as defined in s. 473 394.455; or a child who is found to be dependent as defined in 474 s. 39.01 or s. 984.03, or a child in need of services as defined 475 in s. 984.03 or s. 985.03. 476 Section 17. This act shall take effect July 1, 2015. 477