Text of FL H 391 (2010)

HB 391 1A bill to be entitled 2An act relating to prohibited discrimination; providing a 3short title; amending s. 760.01, F.S.; revising provisions 4to include sexual orientation and gender identity or 5expression as impermissible grounds for discrimination; 6conforming terminology; amending s. 760.02, F.S.; defining 7additional terms; creating s. 760.025, F.S.; specifying 8when an individual has an impairment for certain purposes; 9amending ss. 760.05, 760.07, 760.08, and 760.10, F.S.; 10revising provisions to include sexual orientation and 11gender identity or expression as impermissible grounds for 12discrimination; conforming terminology; amending s. 13509.092, F.S.; revising provisions to include sexual 14orientation and gender identity or expression as 15impermissible grounds for discrimination in public lodging 16establishments and public food service establishments; 17amending s. 760.22, F.S.; defining additional terms; 18deleting the definition of the term "handicap"; creating 19s. 760.225, F.S.; specifying when an individual has an 20impairment for certain purposes; amending ss. 760.23, 21760.24, 760.25, 760.26, and 760.29, F.S.; revising 22provisions to include sexual orientation and gender 23identity or expression as impermissible grounds for 24discrimination; conforming terminology; amending ss. 25760.31 and 760.50, F.S.; conforming terminology; amending 26s. 760.60, F.S.; revising provisions to include sexual 27orientation and gender identity or expression as 28impermissible grounds for discrimination; conforming 29terminology; amending s. 419.001, F.S.; conforming a 30cross-reference; providing an effective date. 31 32Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. This act may be cited as the "Competitive 35Workforce Act." 36 Section 2. Subsection (2) of section 760.01, Florida 37Statutes, is amended to read: 38 760.01 Purposes; construction; title.- 39 (2) The general purposes of the Florida Civil Rights Act 40of 1992 are to secure for all individuals within the state 41freedom from discrimination because of race, color, religion, 42sex, national origin, age, disability, sexual orientation, 43gender identity or expression handicap, or marital status and 44thereby to protect their interest in personal dignity, to make 45available to the state their full productive capacities, to 46secure the state against domestic strife and unrest, to preserve 47the public safety, health, and general welfare, and to promote 48the interests, rights, and privileges of individuals within the 49state. 50 Section 3. Section 760.02, Florida Statutes, is amended to 51read: 52 760.02 Definitions.-For the purposes of ss. 760.01-760.11 53and 509.092, the term: 54 (1) "Aggrieved person" means any person who files a 55complaint with the Florida Commission on Human Relations 56"Florida Civil Rights Act of 1992" means ss. 760.01-760.11 and 57509.092. 58 (2) "Commission" means the Florida Commission on Human 59Relations created by s. 760.03. 60 (3) "Commissioner" or "member" means a member of the 61commission. 62 (4) "Disability" means: 63 (a) A physical or mental impairment that substantially 64limits one or more of the major life activities of the 65individual; 66 (b) A record of such impairment; 67 (c) Being regarded as having such an impairment; or 68 (d) Having a developmental disability as defined in s. 69393.063. 70 (5)(4) "Discriminatory practice" means any practice made 71unlawful by the Florida Civil Rights Act of 1992. 72 (6) "Employer" means any person employing 15 or more 73employees for each working day in each of 20 or more calendar 74weeks in the current or preceding calendar year, and any agent 75of such a person. 76 (7) "Employment agency" means any person regularly 77undertaking, with or without compensation, to procure employees 78for an employer or to procure for employees opportunities to 79work for an employer, and includes an agent of such a person. 80 (8) "Florida Civil Rights Act of 1992" means ss. 760.01- 81760.11 and 509.092. 82 (9) "Gender identity or expression" means a gender-related 83identity, appearance, expression, or behavior of an individual, 84regardless of the individual's assigned sex at birth. 85 (10) "Labor organization" means any organization that 86exists for the purpose, in whole or in part, of collective 87bargaining or of dealing with employers concerning grievances, 88terms or conditions of employment, or other mutual aid or 89protection in connection with employment. 90 (11) "Major life activities" includes, but is not limited 91to: 92 (a) Caring for oneself, performing manual tasks, and 93functioning in a workplace environment. 94 (b) Major bodily functions, including, but not limited to, 95visual, auditory, aural, and cognitive functions; functions of 96the immune, digestive, neurological, respiratory, circulatory, 97endocrine, and reproductive systems; normal cell growth; and 98functions of the bowel, bladder, and brain. 99 (12)(5) "National origin" includes ancestry. 100 (13)(6) "Person" includes an individual, association, 101corporation, joint apprenticeship committee, joint-stock 102company, labor union, legal representative, mutual company, 103partnership, receiver, trust, trustee in bankruptcy, or 104unincorporated organization; any other legal or commercial 105entity; the state; or any governmental entity or agency. 106 (7) "Employer" means any person employing 15 or more 107employees for each working day in each of 20 or more calendar 108weeks in the current or preceding calendar year, and any agent 109of such a person. 110 (8) "Employment agency" means any person regularly 111undertaking, with or without compensation, to procure employees 112for an employer or to procure for employees opportunities to 113work for an employer, and includes an agent of such a person. 114 (9) "Labor organization" means any organization which 115exists for the purpose, in whole or in part, of collective 116bargaining or of dealing with employers concerning grievances, 117terms or conditions of employment, or other mutual aid or 118protection in connection with employment. 119 (10) "Aggrieved person" means any person who files a 120complaint with the Human Relations Commission. 121 (14)(11) "Public accommodations" means places of public 122accommodation, lodgings, facilities principally engaged in 123selling food for consumption on the premises, gasoline stations, 124places of exhibition or entertainment, and other covered 125establishments. Each of the following establishments which 126serves the public is a place of public accommodation within the 127meaning of this section: 128 (a) Any inn, hotel, motel, or other establishment that 129which provides lodging to transient guests, other than an 130establishment located within a building that which contains not 131more than four rooms for rent or hire and that which is actually 132occupied by the proprietor of such establishment as his or her 133residence. 134 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 135soda fountain, or other facility principally engaged in selling 136food for consumption on the premises, including, but not limited 137to, any such facility located on the premises of any retail 138establishment, or any gasoline station. 139 (c) Any motion picture theater, theater, concert hall, 140sports arena, stadium, or other place of exhibition or 141entertainment. 142 (d) Any establishment that which is physically located 143within the premises of any establishment otherwise covered by 144this subsection, or within the premises of which is physically 145located any such covered establishment, and which holds itself 146out as serving patrons of such covered establishment. 147 (15) "Sexual orientation" means an individual's actual or 148perceived heterosexuality, homosexuality, or bisexuality. 149 Section 4. Section 760.025, Florida Statutes, is created 150to read: 151 760.025 Impairment.-For purposes of this part, an 152individual who has been subjected to an action prohibited under 153this chapter because of an actual or perceived physical or 154mental impairment, regardless of whether the impairment limits 155or is perceived to limit a major life activity, has an 156impairment. An impairment that limits one major life activity 157may be considered a disability; however, a transitory or minor 158impairment may not be considered a disability. An impairment 159that is episodic or in remission is considered to be a 160disability if it substantially limits at least one major life 161activity when the impairment is active or not in remission. The 162determination of whether an impairment substantially limits at 163least one major life activity must be made without regard to the 164ameliorative effects of mitigating measures, such as medication; 165medical supplies; equipment or appliances; low-vision devices, 166not including ordinary eyeglasses or contact lenses; 167prosthetics, including artificial limbs and devices, hearing 168aids and cochlear implants or other implantable hearing devices, 169and mobility devices; oxygen therapy equipment and supplies; use 170of assistive technology; reasonable accommodations or auxiliary 171aids or services, including qualified interpreters or other 172effective measures of making aurally delivered materials 173available to individuals with hearing impairments; qualified 174readers; taped texts or other effective methods of making 175visually delivered materials available to individuals with 176visual impairments; acquisition or modification of equipment and 177devices and other similar services and actions; or learned 178behavioral or adaptive neurological modifications. 179 Section 5. Section 760.05, Florida Statutes, is amended to 180read: 181 760.05 Functions of the commission.-The commission shall 182promote and encourage fair treatment and equal opportunity for 183all persons regardless of race, color, religion, sex, national 184origin, age, disability, sexual orientation, gender identity or 185expression handicap, or marital status and mutual understanding 186and respect among all members of society all economic, social, 187racial, religious, and ethnic groups; and the commission shall 188endeavor to eliminate discrimination against, and antagonism 189between, persons on the basis of race, color, religion, sex, 190national origin, age, disability, sexual orientation, gender 191identity or expression, or marital status religious, racial, and 192ethnic groups and their members. 193 Section 6. Section 760.07, Florida Statutes, is amended to 194read: 195 760.07 Remedies for unlawful discrimination.-Any violation 196of any Florida statute making unlawful discrimination because of 197race, color, religion, gender, national origin, age, disability, 198sexual orientation, gender identity or expression handicap, or 199marital status in the areas of education, employment, housing, 200or public accommodations gives rise to a cause of action for all 201relief and damages described in s. 760.11(5), unless greater 202damages are expressly provided for. If the statute prohibiting 203unlawful discrimination provides an administrative remedy, the 204action for equitable relief and damages provided for in this 205section may be initiated only after the plaintiff has exhausted 206his or her administrative remedy. The term "public 207accommodations" does not include lodge halls or other similar 208facilities of private organizations that which are made 209available for public use occasionally or periodically. The right 210to trial by jury is preserved in any case in which the plaintiff 211is seeking actual or punitive damages. 212 Section 7. Section 760.08, Florida Statutes, is amended to 213read: 214 760.08 Discrimination in places of public accommodation.- 215All persons shall be entitled to the full and equal enjoyment of 216the goods, services, facilities, privileges, advantages, and 217accommodations of any place of public accommodation, as defined 218in this chapter, without discrimination or segregation on the 219ground of race, color, national origin, sex, disability, sexual 220orientation, gender identity or expression handicap, familial 221status, or religion. 222 Section 8. Subsections (1) and (2), paragraphs (a) and (b) 223of subsection (3), subsections (4), (5), and (6), and paragraph 224(a) of subsection (8) of section 760.10, Florida Statutes, are 225amended to read: 226 760.10 Unlawful employment practices.- 227 (1) It is an unlawful employment practice for an employer: 228 (a) To discharge or to fail or refuse to hire any 229individual, or otherwise to discriminate against any individual 230with respect to compensation, terms, conditions, or privileges 231of employment, because of such individual's race, color, 232religion, sex, national origin, age, disability, sexual 233orientation, gender identity or expression handicap, or marital 234status. 235 (b) To limit, segregate, or classify employees or 236applicants for employment in any way which would deprive or tend 237to deprive any individual of employment opportunities, or 238adversely affect any individual's status as an employee, because 239of such individual's race, color, religion, sex, national 240origin, age, disability, sexual orientation, gender identity or 241expression handicap, or marital status. 242 (2) It is an unlawful employment practice for an 243employment agency to fail or refuse to refer for employment, or 244otherwise to discriminate against, any individual because of 245race, color, religion, sex, national origin, age, disability, 246sexual orientation, gender identity or expression handicap, or 247marital status or to classify or refer for employment any 248individual on the basis of race, color, religion, sex, national 249origin, age, disability, sexual orientation, gender identity or 250expression handicap, or marital status. 251 (3) It is an unlawful employment practice for a labor 252organization: 253 (a) To exclude or to expel from its membership, or 254otherwise to discriminate against, any individual because of 255race, color, religion, sex, national origin, age, disability, 256sexual orientation, gender identity or expression handicap, or 257marital status. 258 (b) To limit, segregate, or classify its membership or 259applicants for membership, or to classify or fail or refuse to 260refer for employment any individual, in any way which would 261deprive or tend to deprive any individual of employment 262opportunities, or adversely affect any individual's status as an 263employee or as an applicant for employment, because of such 264individual's race, color, religion, sex, national origin, age, 265disability, sexual orientation, gender identity or expression 266handicap, or marital status. 267 (4) It is an unlawful employment practice for any 268employer, labor organization, or joint labor-management 269committee controlling apprenticeship or other training or 270retraining, including on-the-job training programs, to 271discriminate against any individual because of race, color, 272religion, sex, national origin, age, disability, sexual 273orientation, gender identity or expression handicap, or marital 274status in admission to, or employment in, any program 275established to provide apprenticeship or other training. 276 (5) Whenever, in order to engage in a profession, 277occupation, or trade, it is required that a person receive a 278license, certification, or other credential, become a member or 279an associate of any club, association, or other organization, or 280pass any examination, it is an unlawful employment practice for 281any person to discriminate against any other person seeking such 282license, certification, or other credential, seeking to become a 283member or associate of such club, association, or other 284organization, or seeking to take or pass such examination, 285because of such other person's race, color, religion, sex, 286national origin, age, disability, sexual orientation, gender 287identity or expression handicap, or marital status. 288 (6) It is an unlawful employment practice for an employer, 289labor organization, employment agency, or joint labor-management 290committee to print, or cause to be printed or published, any 291notice or advertisement relating to employment, membership, 292classification, referral for employment, or apprenticeship or 293other training, indicating any preference, limitation, 294specification, or discrimination, based on race, color, 295religion, sex, national origin, age, absence of disability, 296sexual orientation, gender identity or expression handicap, or 297marital status. 298 (8) Notwithstanding any other provision of this section, 299it is not an unlawful employment practice under ss. 760.01- 300760.10 for an employer, employment agency, labor organization, 301or joint labor-management committee to: 302 (a) Take or fail to take any action on the basis of 303religion, sex, national origin, age, disability, sexual 304orientation, gender identity or expression handicap, or marital 305status in those certain instances in which religion, sex, 306national origin, age, absence of a particular disability, sexual 307orientation, gender identity or expression handicap, or marital 308status is a bona fide occupational qualification reasonably 309necessary for the performance of the particular employment to 310which such action or inaction is related. 311 Section 9. Section 509.092, Florida Statutes, is amended 312to read: 313 509.092 Public lodging establishments and public food 314service establishments; rights as private enterprises.-Public 315lodging establishments and public food service establishments 316are private enterprises, and the operator has the right to 317refuse accommodations or service to any person who is 318objectionable or undesirable to the operator, but such refusal 319may not be based upon race, creed, color, sex, physical 320disability, sexual orientation, gender identity or expression, 321or national origin. A person aggrieved by a violation of this 322section or a violation of a rule adopted under this section has 323a right of action pursuant to s. 760.11. 324 Section 10. Section 760.22, Florida Statutes, is amended 325to read: 326 760.22 Definitions.-As used in ss. 760.20-760.37, the 327term: 328 (1) "Commission" means the Florida Commission on Human 329Relations. 330 (2) "Covered multifamily dwelling" means: 331 (a) A building that which consists of four or more units 332and has an elevator; or 333 (b) The ground floor units of a building that which 334consists of four or more units and does not have an elevator. 335 (3) "Disability" has the same meaning as provided in s. 336760.02. 337 (4)(3) "Discriminatory housing practice" means an act that 338is unlawful under the terms of ss. 760.20-760.37. 339 (5)(4) "Dwelling" means any building or structure, or 340portion thereof, which is occupied as, or designed or intended 341for occupancy as, a residence by one or more families, and any 342vacant land that which is offered for sale or lease for the 343construction or location on the land of any such building or 344structure, or portion thereof. 345 (6)(5) "Familial status" is established when an individual 346who has not attained the age of 18 years is domiciled with: 347 (a) A parent or other person having legal custody of such 348individual; or 349 (b) A designee of a parent or other person having legal 350custody, with the written permission of such parent or other 351person. 352 (7)(6) "Family" includes a single individual. 353 (8) "Gender identity or expression" has the same meaning 354as provided in s. 760.02. 355 (9) " Major life activities " has the same meaning as 356provided in s. 760.02. 357 (7) "Handicap" means: 358 (a) A person has a physical or mental impairment which 359substantially limits one or more major life activities, or he or 360she has a record of having, or is regarded as having, such 361physical or mental impairment; or 362 (b) A person has a developmental disability as defined in 363s. 393.063. 364 (10)(8) "Person" includes one or more individuals, 365corporations, partnerships, associations, labor organizations, 366legal representatives, mutual companies, joint-stock companies, 367trusts, unincorporated organizations, trustees, trustees in 368bankruptcy, receivers, and fiduciaries. 369 (11) "Sexual orientation" has the same meaning as provided 370in s. 760.02. 371 (12)(9) "Substantially equivalent" means an administrative 372subdivision of the State of Florida meeting the requirements of 37324 C.F.R. part 115, s. 115.6. 374 (13) "Substantially limits" means to materially restrict 375an individual's ability. 376 (14)(10) "To rent" includes to lease, to sublease, to let, 377and otherwise to grant for a consideration the right to occupy 378premises not owned by the occupant. 379 (15) "Transitory or minor impairment" means any impairment 380having an actual, apparent, or expected duration of 6 months or 381less. 382 Section 11. Section 760.225, Florida Statutes, is created 383to read: 384 760.225 Impairment.-For purposes of this part, an 385individual who has been subjected to an action prohibited under 386this chapter because of an actual or perceived physical or 387mental impairment, regardless of whether the impairment limits 388or is perceived to limit a major life activity, has an 389impairment. An impairment that limits one major life activity 390may be considered a disability; however, a transitory or minor 391impairment may not be considered a disability. An impairment 392that is episodic or in remission is considered a disability if 393it substantially limits at least one major life activity when 394the impairment is active or not in remission. The determination 395of whether an impairment substantially limits a major life 396activity must be made without regard to the ameliorative effects 397of mitigating measures, such as medication; medical supplies; 398equipment or appliances; low-vision devices, not including 399ordinary eyeglasses or contact lenses; prosthetics, including 400artificial limbs and devices, hearing aids and cochlear implants 401or other implantable hearing devices, and mobility devices; 402oxygen therapy equipment and supplies; use of assistive 403technology; reasonable accommodations or auxiliary aids or 404services, including qualified interpreters or other effective 405measures of making aurally delivered materials available to 406individuals with hearing impairments; qualified readers; taped 407texts or other effective methods of making visually delivered 408materials available to individuals with visual impairments; 409acquisition or modification of equipment and devices and other 410similar services and actions; or learned behavioral or adaptive 411neurological modifications. 412 Section 12. Subsections (1), (2), (3), (4), (5), (7), and 413(8), paragraph (a) of subsection (9), and paragraphs (a) and (d) 414of subsection (10) of section 760.23, Florida Statutes, are 415amended to read: 416 760.23 Discrimination in the sale or rental of housing and 417other prohibited practices.- 418 (1) It is unlawful to refuse to sell or rent after the 419making of a bona fide offer, to refuse to negotiate for the sale 420or rental of, or otherwise to make unavailable or deny a 421dwelling to any person because of race, color, national origin, 422sex, disability, sexual orientation, gender identity or 423expression handicap, familial status, or religion. 424 (2) It is unlawful to discriminate against any person in 425the terms, conditions, or privileges of sale or rental of a 426dwelling, or in the provision of services or facilities in 427connection therewith, because of race, color, national origin, 428sex, disability, sexual orientation, gender identity or 429expression handicap, familial status, or religion. 430 (3) It is unlawful to make, print, or publish, or cause to 431be made, printed, or published, any notice, statement, or 432advertisement with respect to the sale or rental of a dwelling 433that indicates any preference, limitation, or discrimination 434based on race, color, national origin, sex, disability, sexual 435orientation, gender identity or expression handicap, familial 436status, or religion or an intention to make any such preference, 437limitation, or discrimination. 438 (4) It is unlawful to represent to any person because of 439race, color, national origin, sex, disability, sexual 440orientation, gender identity or expression handicap, familial 441status, or religion that any dwelling is not available for 442inspection, sale, or rental when such dwelling is in fact so 443available. 444 (5) It is unlawful, for profit, to induce or attempt to 445induce any person to sell or rent any dwelling by a 446representation regarding the entry or prospective entry into the 447neighborhood of a person or persons of a particular race, color, 448national origin, sex, disability, sexual orientation, gender 449identity or expression handicap, familial status, or religion. 450 (7) It is unlawful to discriminate in the sale or rental 451of, or to otherwise make unavailable or deny, a dwelling to any 452buyer or renter because of a disability handicap of: 453 (a) That buyer or renter; 454 (b) A person residing in or intending to reside in that 455dwelling after it is sold, rented, or made available; or 456 (c) Any person associated with the buyer or renter. 457 (8) It is unlawful to discriminate against any person in 458the terms, conditions, or privileges of sale or rental of a 459dwelling, or in the provision of services or facilities in 460connection with such dwelling, because of a disability handicap 461of: 462 (a) That buyer or renter; 463 (b) A person residing in or intending to reside in that 464dwelling after it is sold, rented, or made available; or 465 (c) Any person associated with the buyer or renter. 466 (9) For purposes of subsections (7) and (8), 467discrimination includes: 468 (a) A refusal to permit, at the expense of the handicapped 469person who has a disability, reasonable modifications of 470existing premises occupied or to be occupied by such person if 471such modifications may be necessary to afford such person full 472enjoyment of the premises; or 473 (10) Covered multifamily dwellings as defined herein that 474which are intended for first occupancy after March 13, 1991, 475shall be designed and constructed to have at least one building 476entrance on an accessible route unless it is impractical to do 477so because of the terrain or unusual characteristics of the site 478as determined by commission rule. Such buildings shall also be 479designed and constructed in such a manner that: 480 (a) The public use and common use portions of such 481dwellings are readily accessible to and usable by handicapped 482persons who have disabilities. 483 (d) Compliance with the appropriate requirements of the 484American National Standards Institute for buildings and 485facilities providing accessibility and usability for physically 486handicapped people who have physical disabilities, commonly 487cited as ANSI A117.1-1986, suffices to satisfy the requirements 488of paragraph (c). 489 490State agencies with building construction regulation 491responsibility or local governments, as appropriate, shall 492review the plans and specifications for the construction of 493covered multifamily dwellings to determine consistency with the 494requirements of this subsection. 495 Section 13. Section 760.24, Florida Statutes, is amended 496to read: 497 760.24 Discrimination in the provision of brokerage 498services.-It is unlawful to deny any person access to, or 499membership or participation in, any multiple-listing service, 500real estate brokers' organization, or other service, 501organization, or facility relating to the business of selling or 502renting dwellings, or to discriminate against him or her in the 503terms or conditions of such access, membership, or 504participation, on account of race, color, national origin, sex, 505disability, sexual orientation, gender identity or expression 506handicap, familial status, or religion. 507 Section 14. Subsection (1) and paragraph (a) of subsection 508(2) of section 760.25, Florida Statutes, are amended to read: 509 760.25 Discrimination in the financing of housing or in 510residential real estate transactions.- 511 (1) It is unlawful for any bank, building and loan 512association, insurance company, or other corporation, 513association, firm, or enterprise the business of which consists 514in whole or in part of the making of commercial real estate 515loans to deny a loan or other financial assistance to a person 516applying for the loan for the purpose of purchasing, 517constructing, improving, repairing, or maintaining a dwelling, 518or to discriminate against him or her in the fixing of the 519amount, interest rate, duration, or other term or condition of 520such loan or other financial assistance, because of the race, 521color, national origin, sex, disability, sexual orientation, 522gender identity or expression handicap, familial status, or 523religion of such person or of any person associated with him or 524her in connection with such loan or other financial assistance 525or the purposes of such loan or other financial assistance, or 526because of the race, color, national origin, sex, disability, 527sexual orientation, gender identity or expression handicap, 528familial status, or religion of the present or prospective 529owners, lessees, tenants, or occupants of the dwelling or 530dwellings in relation to which such loan or other financial 531assistance is to be made or given. 532 (2)(a) It is unlawful for any person or entity whose 533business includes engaging in residential real estate 534transactions to discriminate against any person in making 535available such a transaction, or in the terms or conditions of 536such a transaction, because of race, color, national origin, 537sex, disability, sexual orientation, gender identity or 538expression handicap, familial status, or religion. 539 Section 15. Section 760.26, Florida Statutes, is amended 540to read: 541 760.26 Prohibited discrimination in land use decisions and 542in permitting of development.-It is unlawful to discriminate in 543land use decisions or in the permitting of development based on 544race, color, national origin, sex, sexual orientation, gender 545identity or expression, disability, familial status, religion, 546or, except as otherwise provided by law, the source of financing 547of a development or proposed development. 548 Section 16. Paragraph (a) of subsection (5) of section 549760.29, Florida Statutes, is amended to read: 550 760.29 Exemptions.- 551 (5) Nothing in ss. 760.20-760.37: 552 (a) Prohibits a person engaged in the business of 553furnishing appraisals of real property from taking into 554consideration factors other than race, color, national origin, 555sex, disability, sexual orientation, gender identity or 556expression handicap, familial status, or religion. 557 Section 17. Subsection (5) of section 760.31, Florida 558Statutes, is amended to read: 559 760.31 Powers and duties of commission.-The commission 560shall: 561 (5) Adopt rules necessary to implement ss. 760.20-760.37 562and govern the proceedings of the commission in accordance with 563chapter 120. Commission rules shall clarify terms used with 564regard to handicapped accessibility for persons with 565disabilities, exceptions from accessibility requirements based 566on terrain or site characteristics, and requirements related to 567housing for older persons. Commission rules shall specify the 568fee and the forms and procedures to be used for the registration 569required by s. 760.29(4)(e). 570 Section 18. Subsection (2) of section 760.50, Florida 571Statutes, is amended to read: 572 760.50 Discrimination on the basis of AIDS, AIDS-related 573complex, and HIV prohibited.- 574 (2) Any person with or perceived as having acquired immune 575deficiency syndrome, acquired immune deficiency syndrome related 576complex, or human immunodeficiency virus shall have every 577protection made available to handicapped persons with 578disabilities. 579 Section 19. Subsection (1) of section 760.60, Florida 580Statutes, is amended to read: 581 760.60 Discriminatory practices of certain clubs 582prohibited; remedies.- 583 (1) It is unlawful for a person to discriminate against 584any individual because of race, color, religion, gender, 585national origin, disability, sexual orientation, gender identity 586or expression handicap, age above the age of 21, or marital 587status in evaluating an application for membership in a club 588that has more than 400 members, that provides regular meal 589service, and that regularly receives payment for dues, fees, use 590of space, facilities, services, meals, or beverages directly or 591indirectly from nonmembers for business purposes. It is unlawful 592for a person, on behalf of such a club, to publish, circulate, 593issue, display, post, or mail any advertisement, notice, or 594solicitation that contains a statement to the effect that the 595accommodations, advantages, facilities, membership, or 596privileges of the club are denied to any individual because of 597race, color, religion, gender, national origin, disability, 598sexual orientation, gender identity or expression handicap, age 599above the age of 21, or marital status. This subsection does not 600apply to fraternal or benevolent organizations, ethnic clubs, or 601religious organizations where business activity is not 602prevalent. 603 Section 20. Paragraph (d) of subsection (1) of section 604419.001, Florida Statutes, is amended to read: 605 419.001 Site selection of community residential homes.- 606 (1) For the purposes of this section, the following 607definitions shall apply: 608 (d) "Resident" means any of the following: a frail elder 609as defined in s. 429.65; a physically disabled or handicapped 610person with a physical disability as defined in s. 611760.22(3)(7)(a); a developmentally disabled person as defined in 612s. 393.063; a nondangerous mentally ill person as defined in s. 613394.455(18); or a child who is found to be dependent as defined 614in s. 39.01 or s. 984.03, or a child in need of services as 615defined in s. 984.03 or s. 985.03. 616 Section 21. This act shall take effect July 1, 2010. CODING: Words stricken are deletions; words underlined are additions.