Text of FL H 347 (2018)

HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 1 of 20 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. 3 509.092, F.S.; adding sexual orientation and gender 4 identity as impermissible grounds for discrimination 5 in public lodging establishments and public food 6 service establishments; providing an exception for 7 constitutionally protected free exercise of religion; 8 amending s. 760.01, F.S.; revising the purposes of the 9 Florida Civil Rights Act of 1992 to include sexual 10 orientation and gender identity; reordering and 11 amending s. 760.02, F.S.; defining the terms "gender 12 identity" and "sexual orientation"; amending s. 13 760.05, F.S.; revising the functions of the Florida 14 Commission on Human Relations, to conform; amending s. 15 760.07, F.S.; revising provisions regarding remedies 16 for unlawful discrimination to include discrimination 17 based on sexual orientation and gender identity, to 18 conform; amending s. 760.08, F.S.; adding sexual 19 orientation and gender identity as impermissible 20 grounds for discrimination in places of public 21 accommodation; amending s. 760.10, F.S.; adding sexual 22 orientation and gender identity as impermissible 23 grounds for discrimination with respect to specified 24 unlawful employment practices; providing an exception 25 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 2 of 20 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 constitutionally protected free exercise of 26 religion; amending s. 760.22, F.S.; defining the terms 27 "gender identity" and "sexual orientation" for 28 purposes of the Fair Housing Act; amending ss. 760.23, 29 760.24, 760.25, and 760.26, F.S.; adding sexual 30 orientation and gender identity as impermissible 31 grounds for discrimination with respect to the sale or 32 rental of housing, provision of brokerage services, 33 financing of housing or in residential real estate 34 transactions, and land use decisions and in permitting 35 of development, respectively; amending s. 760.29, 36 F.S.; revising an exemption from the Fair Housing Act 37 regarding the appraisal of real property, to conform; 38 amending s. 760.60, F.S.; adding sexual orientation 39 and gender identity as impermissible grounds for 40 discrimination with respect to practices of certain 41 clubs; amending s. 419.001, F.S.; conforming a cross- 42 reference; providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. This act may be cited as the "Florida 47 Competitive Workforce Act." 48 Section 2. Section 509.092, Florida Statutes, is amended 49 to read: 50 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 3 of 20 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 509.092 Public lodging establishments and public food 51 service establishments; rights as private enterprises.— 52 (1) Public lodging establishments and public food service 53 establishments are private enterprises, and the operator has the 54 right to refuse accommodations or service to any person who is 55 objectionable or undesirable to the operator, but such refusal 56 may not be based upon race, creed, color, sex, pregnancy, 57 physical disability, sexual orientation, gender identity, or 58 national origin. 59 (2) A person aggrieved by a violation of this section or a 60 violation of a rule adopted under this section has a right of 61 action pursuant to s. 760.11. 62 (3) This section does not limit the free exercise of 63 religion guaranteed by the United States Constitution and the 64 State Constitution. 65 Section 3. Subsection (1) of section 760.01, Florida 66 Statutes, is republished, and subsection (2) of that section is 67 amended, to read: 68 760.01 Purposes; construction; title.— 69 (1) Sections 760.01-760.11 and 509.092 shall be cited as 70 the "Florida Civil Rights Act of 1992." 71 (2) The general purposes of the Florida Civil Rights Act 72 of 1992 are to secure for all individuals within the state 73 freedom from discrimination because of race, color, religion, 74 sex, pregnancy, national origin, age, sexual orientation, gender 75 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 4 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S identity, handicap, or marital status and thereby to protect 76 their interest in personal dignity, to make available to the 77 state their full productive capacities, to secure the state 78 against domestic strife and unrest, to preserve the public 79 safety, health, and general welfare, and to promote the 80 interests, rights, and privileges of individuals within the 81 state. 82 Section 4. Section 760.02, Florida Statutes, is reordered 83 and amended to read: 84 760.02 Definitions.—For the purposes of ss. 760.01-760.11 85 and 509.092, the term: 86 (7)(1) "Florida Civil Rights Act of 1992" means ss. 87 760.01-760.11 and 509.092. 88 (2) "Commission" means the Florida Commission on Human 89 Relations created by s. 760.03. 90 (3) "Commissioner" or "member" means a member of the 91 commission. 92 (4) "Discriminatory practice" means any practice made 93 unlawful by the Florida Civil Rights Act of 1992. 94 (10)(5) "National origin" includes ancestry. 95 (11)(6) "Person" includes an individual, association, 96 corporation, joint apprenticeship committee, joint-stock 97 company, labor union, legal representative, mutual company, 98 partnership, receiver, trust, trustee in bankruptcy, or 99 unincorporated organization; any other legal or commercial 100 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 5 of 20 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 entity; the state; or any governmental entity or agency. 101 (5)(7) "Employer" means any person employing 15 or more 102 employees for each working day in each of 20 or more calendar 103 weeks in the current or preceding calendar year, and any agent 104 of such a person. 105 (6)(8) "Employment agency" means any person regularly 106 undertaking, with or without compensation, to procure employees 107 for an employer or to procure for employees opportunities to 108 work for an employer, and includes an agent of such a person. 109 (8) "Gender identity" means gender-related identity, 110 appearance, or behavior, regardless of whether such gender- 111 related identity, appearance, or behavior is different from that 112 traditionally associated with the person's physiology or 113 assigned sex at birth, and which gender-related identity can be 114 proven by evidence, including, but not limited to: 115 (a) Medical history, care, or treatment of the gender- 116 related identity; 117 (b) Consistent and uniform assertion of the gender-related 118 identity; or 119 (c) Other evidence that the gender-related identity is a 120 sincerely held part of a person's core identity and is not being 121 asserted for an improper purpose. 122 (9) "Labor organization" means any organization which 123 exists for the purpose, in whole or in part, of collective 124 bargaining or of dealing with employers concerning grievances, 125 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 6 of 20 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 terms or conditions of employment, or other mutual aid or 126 protection in connection with employment. 127 (1)(10) "Aggrieved person" means any person who files a 128 complaint with the Florida Commission on Human Relations 129 Commission. 130 (12)(11) "Public accommodations" means places of public 131 accommodation, lodgings, facilities principally engaged in 132 selling food for consumption on the premises, gasoline stations, 133 places of exhibition or entertainment, and other covered 134 establishments. Each of the following establishments which 135 serves the public is a place of public accommodation within the 136 meaning of this section: 137 (a) Any inn, hotel, motel, or other establishment that 138 which provides lodging to transient guests, other than an 139 establishment located within a building that which contains not 140 more than four rooms for rent or hire and that which is actually 141 occupied by the proprietor of such establishment as his or her 142 residence. 143 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 144 soda fountain, or other facility principally engaged in selling 145 food for consumption on the premises, including, but not limited 146 to, any such facility located on the premises of any retail 147 establishment, or any gasoline station. 148 (c) Any motion picture theater, theater, concert hall, 149 sports arena, stadium, or other place of exhibition or 150 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 7 of 20 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 entertainment. 151 (d) Any establishment that which is physically located 152 within the premises of any establishment otherwise covered by 153 this subsection, or within the premises of which is physically 154 located any such covered establishment, and that which holds 155 itself out as serving patrons of such covered establishment. 156 (13) "Sexual orientation" means an individual's 157 heterosexuality, homosexuality, or bisexuality. 158 Section 5. Section 760.05, Florida Statutes, is amended to 159 read: 160 760.05 Functions of the commission.—The commission shall 161 promote and encourage fair treatment and equal opportunity for 162 all persons regardless of race, color, religion, sex, pregnancy, 163 national origin, age, sexual orientation, gender identity, 164 handicap, or marital status and mutual understanding and respect 165 among all members of society. The commission all economic, 166 social, racial, religious, and ethnic groups; and shall endeavor 167 to eliminate discrimination against, and antagonism between, 168 persons on the basis of race, color, religion, sex, pregnancy, 169 national origin, age, sexual orientation, gender identity, 170 handicap, or marital status religious, racial, and ethnic groups 171 and their members. 172 Section 6. Section 760.07, Florida Statutes, is amended to 173 read: 174 760.07 Remedies for unlawful discrimination.—Any violation 175 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 8 of 20 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 any state law Florida statute making unlawful discrimination 176 because of race, color, religion, gender, pregnancy, national 177 origin, age, sexual orientation, gender identity, handicap, or 178 marital status in the areas of education, employment, housing, 179 or public accommodations gives rise to a cause of action for all 180 relief and damages described in s. 760.11(5), unless greater 181 damages are expressly provided for. If the statute prohibiting 182 unlawful discrimination provides an administrative remedy, the 183 action for equitable relief and damages provided for in this 184 section may be initiated only after the plaintiff has exhausted 185 his or her administrative remedy. The term "public 186 accommodations" does not include lodge halls or other similar 187 facilities of private organizations which are made available for 188 public use occasionally or periodically. The right to trial by 189 jury is preserved in any case in which the plaintiff is seeking 190 actual or punitive damages. 191 Section 7. Section 760.08, Florida Statutes, is amended to 192 read: 193 760.08 Discrimination in places of public accommodation.— 194 All persons are entitled to the full and equal enjoyment of the 195 goods, services, facilities, privileges, advantages, and 196 accommodations of any place of public accommodation without 197 discrimination or segregation on the ground of race, color, 198 national origin, sex, sexual orientation, gender identity, 199 pregnancy, handicap, familial status, or religion. 200 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 9 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 8. Subsections (1) and (2), paragraphs (a) and (b) 201 of subsection (3), subsections (4), (5), and (6), paragraph (a) 202 of subsection (8), and subsection (9) of section 760.10, Florida 203 Statutes, are amended, and subsection (10) of that section is 204 republished, to read: 205 760.10 Unlawful employment practices.— 206 (1) It is an unlawful employment practice for an employer: 207 (a) To discharge or to fail or refuse to hire any 208 individual, or otherwise to discriminate against any individual 209 with respect to compensation, terms, conditions, or privileges 210 of employment, because of such individual's race, color, 211 religion, sex, pregnancy, national origin, age, sexual 212 orientation, gender identity, handicap, or marital status. 213 (b) To limit, segregate, or classify employees or 214 applicants for employment in any way that which would deprive or 215 tend to deprive any individual of employment opportunities, or 216 adversely affect any individual's status as an employee, because 217 of such individual's race, color, religion, sex, pregnancy, 218 national origin, age, sexual orientation, gender identity, 219 handicap, or marital status. 220 (2) It is an unlawful employment practice for an 221 employment agency to fail or refuse to refer for employment, or 222 otherwise to discriminate against, any individual because of 223 race, color, religion, sex, pregnancy, national origin, age, 224 sexual orientation, gender identity, handicap, or marital status 225 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 10 of 20 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 or to classify or refer for employment any individual on the 226 basis of race, color, religion, sex, pregnancy, national origin, 227 age, sexual orientation, gender identity, handicap, or marital 228 status. 229 (3) It is an unlawful employment practice for a labor 230 organization: 231 (a) To exclude or to expel from its membership, or 232 otherwise to discriminate against, any individual because of 233 race, color, religion, sex, pregnancy, national origin, age, 234 sexual orientation, gender identity, handicap, or marital 235 status. 236 (b) To limit, segregate, or classify its membership or 237 applicants for membership, or to classify or fail or refuse to 238 refer for employment any individual, in any way that would 239 deprive or tend to deprive any individual of employment 240 opportunities, or adversely affect any individual's status as an 241 employee or as an applicant for employment, because of such 242 individual's race, color, religion, sex, pregnancy, national 243 origin, age, sexual orientation, gender identity, handicap, or 244 marital status. 245 (4) It is an unlawful employment practice for any 246 employer, labor organization, or joint labor-management 247 committee controlling apprenticeship or other training or 248 retraining, including on-the-job training programs, to 249 discriminate against any individual because of race, color, 250 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 11 of 20 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 religion, sex, pregnancy, national origin, age, sexual 251 orientation, gender identity, handicap, or marital status in 252 admission to, or employment in, any program established to 253 provide apprenticeship or other training. 254 (5) Whenever, in order to engage in a profession, 255 occupation, or trade, it is required that a person receive a 256 license, certification, or other credential;, become a member or 257 an associate of any club, association, or other organization;, 258 or pass any examination, it is an unlawful employment practice 259 for any person to discriminate against any other person seeking 260 such license, certification, or other credential;, seeking to 261 become a member or associate of such club, association, or other 262 organization;, or seeking to take or pass such examination, 263 because of such other person's race, color, religion, sex, 264 pregnancy, national origin, age, sexual orientation, gender 265 identity, handicap, or marital status. 266 (6) It is an unlawful employment practice for an employer, 267 a labor organization, an employment agency, or a joint labor- 268 management committee to print or publish, or cause to be printed 269 or published, any notice or advertisement relating to 270 employment, membership, classification, referral for employment, 271 or apprenticeship or other training which indicates, indicating 272 any preference, limitation, specification, or discrimination, 273 based on race, color, religion, sex, pregnancy, national origin, 274 age, sexual orientation, gender identity, absence of handicap, 275 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 12 of 20 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 or marital status. 276 (8) Notwithstanding any other provision of this section, 277 it is not an unlawful employment practice under ss. 760.01- 278 760.10 for an employer, employment agency, labor organization, 279 or joint labor-management committee to: 280 (a) Take or fail to take any action on the basis of 281 religion, sex, pregnancy, national origin, age, sexual 282 orientation, gender identity, handicap, or marital status in 283 those certain instances in which religion, sex, condition of 284 pregnancy, national origin, age, sexual orientation, gender 285 identity, absence of a particular handicap, or marital status is 286 a bona fide occupational qualification reasonably necessary for 287 the performance of the particular employment to which such 288 action or inaction is related. 289 (9)(a) This section does shall not apply to any religious 290 corporation, association, educational institution, or society 291 that which conditions opportunities in the area of employment or 292 public accommodation to members of that religious corporation, 293 association, educational institution, or society or to persons 294 who subscribe to its tenets or beliefs. 295 (b) This section does shall not prohibit a religious 296 corporation, association, educational institution, or society 297 from giving preference in employment to individuals of a 298 particular religion to perform work connected with the carrying 299 on by such corporations, associations, educational institutions, 300 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 13 of 20 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 or societies of its various activities. 301 (c) This section and s. 760.08 do not limit the free 302 exercise of religion guaranteed by the United States 303 Constitution and the State Constitution. 304 (10) Each employer, employment agency, and labor 305 organization shall post and keep posted in conspicuous places 306 upon its premises a notice provided by the commission setting 307 forth such information as the commission deems appropriate to 308 effectuate the purposes of ss. 760.01-760.10. 309 Section 9. Section 760.22, Florida Statutes, is amended to 310 read: 311 760.22 Definitions.—As used in this part ss. 760.20- 312 760.37, the term: 313 (1) "Commission" means the Florida Commission on Human 314 Relations. 315 (2) "Covered multifamily dwelling" means: 316 (a) A building that which consists of four or more units 317 and has an elevator; or 318 (b) The ground floor units of a building that which 319 consists of four or more units and does not have an elevator. 320 (3) "Discriminatory housing practice" means an act that is 321 unlawful under the terms of this part ss. 760.20-760.37. 322 (4) "Dwelling" means any building or structure, or portion 323 thereof, which is occupied as, or designed or intended for 324 occupancy as, a residence by one or more families, and any 325 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 14 of 20 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 vacant land that which is offered for sale or lease for the 326 construction or location on the land of any such building or 327 structure, or portion thereof. 328 (5) "Familial status" is established when an individual 329 who has not attained the age of 18 years is domiciled with: 330 (a) A parent or other person having legal custody of such 331 individual; or 332 (b) A designee of a parent or other person having legal 333 custody, with the written permission of such parent or other 334 person. 335 (6) "Family" includes a single individual. 336 (7) "Gender identity" has the same meaning as provided in 337 s. 760.02. 338 (8)(7) "Handicap" means: 339 (a) A person has a physical or mental impairment that 340 which substantially limits one or more major life activities for 341 a person who has, or he or she has a record of having, or is 342 regarded as having, such physical or mental impairment; or 343 (b) A person has a developmental disability as defined in 344 s. 393.063. 345 (9)(8) "Person" includes one or more individuals, 346 corporations, partnerships, associations, labor organizations, 347 legal representatives, mutual companies, joint-stock companies, 348 trusts, unincorporated organizations, trustees, trustees in 349 bankruptcy, receivers, and fiduciaries. 350 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 15 of 20 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 (10) "Sexual orientation" has the same meaning as provided 351 in s. 760.02. 352 (11)(9) "Substantially equivalent" means an administrative 353 subdivision of the State of Florida meeting the requirements of 354 24 C.F.R. part 115, s. 115.6. 355 (12)(10) "To rent" includes to lease, to sublease, to let, 356 and otherwise to grant for a consideration the right to occupy 357 premises not owned by the occupant. 358 Section 10. Subsections (1) through (5) of section 760.23, 359 Florida Statutes, are amended to read: 360 760.23 Discrimination in the sale or rental of housing and 361 other prohibited practices.— 362 (1) It is unlawful to refuse to sell or rent after the 363 making of a bona fide offer, to refuse to negotiate for the sale 364 or rental of, or otherwise to make unavailable or deny a 365 dwelling to any person because of race, color, national origin, 366 sex, sexual orientation, gender identity, handicap, familial 367 status, or religion. 368 (2) It is unlawful to discriminate against any person in 369 the terms, conditions, or privileges of sale or rental of a 370 dwelling, or in the provision of services or facilities in 371 connection therewith, because of race, color, national origin, 372 sex, sexual orientation, gender identity, handicap, familial 373 status, or religion. 374 (3) It is unlawful to make, print, or publish, or cause to 375 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 16 of 20 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 be made, printed, or published, any notice, statement, or 376 advertisement with respect to the sale or rental of a dwelling 377 that indicates any preference, limitation, or discrimination 378 based on race, color, national origin, sex, sexual orientation, 379 gender identity, handicap, familial status, or religion or an 380 intention to make any such preference, limitation, or 381 discrimination. 382 (4) It is unlawful to represent to any person because of 383 race, color, national origin, sex, sexual orientation, gender 384 identity, handicap, familial status, or religion that any 385 dwelling is not available for inspection, sale, or rental when 386 such dwelling is in fact so available. 387 (5) It is unlawful, for profit, to induce or attempt to 388 induce any person to sell or rent any dwelling by a 389 representation regarding the entry or prospective entry into the 390 neighborhood of a person or persons of a particular race, color, 391 national origin, sex, sexual orientation, gender identity, 392 handicap, familial status, or religion. 393 Section 11. Section 760.24, Florida Statutes, is amended 394 to read: 395 760.24 Discrimination in the provision of brokerage 396 services.—It is unlawful to deny any person access to, or 397 membership or participation in, any multiple-listing service, 398 real estate brokers' organization, or other service, 399 organization, or facility relating to the business of selling or 400 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 17 of 20 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 renting dwellings, or to discriminate against him or her in the 401 terms or conditions of such access, membership, or 402 participation, because on account of race, color, national 403 origin, sex, sexual orientation, gender identity, handicap, 404 familial status, or religion. 405 Section 12. Subsection (1) and paragraph (a) of subsection 406 (2) of section 760.25, Florida Statutes, are amended to read: 407 760.25 Discrimination in the financing of housing or in 408 residential real estate transactions.— 409 (1) It is unlawful for any bank, building and loan 410 association, insurance company, or other corporation, 411 association, firm, or enterprise the business of which consists 412 in whole or in part of the making of commercial real estate 413 loans to deny a loan or other financial assistance to a person 414 applying for the loan for the purpose of purchasing, 415 constructing, improving, repairing, or maintaining a dwelling, 416 or to discriminate against him or her in the fixing of the 417 amount, interest rate, duration, or other term or condition of 418 such loan or other financial assistance, because of the race, 419 color, national origin, sex, sexual orientation, gender 420 identity, handicap, familial status, or religion of such person 421 or of any person associated with him or her in connection with 422 such loan or other financial assistance or the purposes of such 423 loan or other financial assistance, or because of the race, 424 color, national origin, sex, sexual orientation, gender 425 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 18 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S identity, handicap, familial status, or religion of the present 426 or prospective owners, lessees, tenants, or occupants of the 427 dwelling or dwellings in relation to which such loan or other 428 financial assistance is to be made or given. 429 (2)(a) It is unlawful for any person or entity whose 430 business includes engaging in residential real estate 431 transactions to discriminate against any person in making 432 available such a transaction, or in the terms or conditions of 433 such a transaction, because of race, color, national origin, 434 sex, sexual orientation, gender identity, handicap, familial 435 status, or religion. 436 Section 13. Section 760.26, Florida Statutes, is amended 437 to read: 438 760.26 Prohibited discrimination in land use decisions and 439 in permitting of development.—It is unlawful to discriminate in 440 land use decisions or in the permitting of development based on 441 race, color, national origin, sex, sexual orientation, gender 442 identity, disability, familial status, religion, or, except as 443 otherwise provided by law, the source of financing of a 444 development or proposed development. 445 Section 14. Paragraph (a) of subsection (5) of section 446 760.29, Florida Statutes, is amended to read: 447 760.29 Exemptions.— 448 (5) Nothing in this part ss. 760.20-760.37: 449 (a) Prohibits a person engaged in the business of 450 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 19 of 20 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 furnishing appraisals of real property from taking into 451 consideration factors other than race, color, national origin, 452 sex, sexual orientation, gender identity, handicap, familial 453 status, or religion. 454 Section 15. Subsection (1) of section 760.60, Florida 455 Statutes, is amended to read: 456 760.60 Discriminatory practices of certain clubs 457 prohibited; remedies.— 458 (1) It is unlawful for a person to discriminate against 459 any individual because of race, color, religion, gender, 460 national origin, handicap, age above the age of 21, sexual 461 orientation, gender identity, or marital status in evaluating an 462 application for membership in a club that has more than 400 463 members, that provides regular meal service, and that regularly 464 receives payment for dues, fees, use of space, facilities, 465 services, meals, or beverages directly or indirectly from 466 nonmembers for business purposes. It is unlawful for a person, 467 on behalf of such a club, to publish, circulate, issue, display, 468 post, or mail any advertisement, notice, or solicitation that 469 contains a statement to the effect that the accommodations, 470 advantages, facilities, membership, or privileges of the club 471 are denied to any individual because of race, color, religion, 472 gender, national origin, handicap, age above the age of 21, 473 sexual orientation, gender identity, or marital status. This 474 subsection does not apply to fraternal or benevolent 475 HB 347 2018 CODING: Words stricken are deletions; words underlined are additions. hb0347-00 Page 20 of 20 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 organizations, ethnic clubs, or religious organizations where 476 business activity is not prevalent. 477 Section 16. Paragraph (e) of subsection (1) of section 478 419.001, Florida Statutes, is amended to read: 479 419.001 Site selection of community residential homes.— 480 (1) For the purposes of this section, the term: 481 (e) "Resident" means any of the following: a frail elder 482 as defined in s. 429.65; a person who has a handicap as defined 483 in s. 760.22(8)(a) s. 760.22(7)(a); a person who has a 484 developmental disability as defined in s. 393.063; a 485 nondangerous person who has a mental illness as defined in s. 486 394.455; or a child who is found to be dependent as defined in 487 s. 39.01 or s. 984.03, or a child in need of services as defined 488 in s. 984.03 or s. 985.03. 489 Section 17. This act shall take effect July 1, 2018. 490